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HomeMy WebLinkAbout05-09-2018 CC Minutes w Stormwater Hearingcnv��r SE !LAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL STORMWATER FEE INCREASE PUBLIC HEARING & REGULAR MEETING MINUTES WEDNESDAY, MAY 9, 2018 - 5:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Vice Mayor Kinchen called the public hearing to order at 5:16 p.m. 2. Reverend Karen Leedahl from Christ the King Lutheran Church gave the invocation. 3. Council Member Dodd led the Pledge of Allegiance. 4. ROLL CALL Mayor Jim Hill (arrived 5:33 pm) Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert lovino (arrived 5:24 pm) Council Member Bob McPartlan Citv Staff Present: City Manager Joe Griffin City Attorney James Stokes City Clerk Jeanette Williams Records Clerk Cathy Testa Administrative Services Director Ken Killgore Assistant Administrative Services Director Cindy Watson Procurement Manager Randy Moyer Public Facilities Director Scott Baker Building Official Wayne Eseltine Stormwater Director Tim Walker Community Development Director Lisa Frasier Golf Course Pro Greg Gardner Police Chief Michelle Morris Police Commander Dan Acosta Police Officer Tim Wood AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members MOTION by Council Member Dodd and SECOND by Council Member McPartlan to move Item 5a Public Hearing — Resolution No. R-18-19 Increasing the Stormwater Utility Fee to after the Consent Agenda. ROLL CALL: Vice Mayor Kinchen — Aye Council Member Dodd — Aye Council Member lovino — Absent Council Member McPartlan — Aye Mayor Hill - Absent Motion carried 3-0. Stormwater Fee Increase Public Hearing & Regular City Council Meeting May 9, 2018 Page Two 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. 18.067 A. Proclamation -National Peace Officers Memorial Dav - Mav 15. 2018 and National Police Week - Mav 13-19.2018 - Accepted by Police Chief Michelle Morris and Members of Sebastian's Police Department Vice Mayor Kinchen read and presented the proclamation to Chief Morris. 18.068 B. Proclamation - National Safe Boating Week - Mav 19-25. 2018 - ACCeDted by Commander Frans Evberse, USCG Auxiliary Flotilla 56 Vice Mayor Kinchen read and presented the proclamation to members of the U.S. Auxiliary Coast Guard. Commander Eyberse announced May 19 is wear your life jacket to work day to kick off the safe boating week. Brief Announcements May 18 - Chamber Concert in the Park - Bobby Owen Band - 5:30 to 8 pm June 5 - CRA Master Plan Public Involvement Workshops - 12 noon to 2 pm & 6 to 8 pm Council Member Dodd read the upcoming events and added on June 2 at 10:00 a.m. there will be a grand opening of the newest section of the Fellsmere to Sebastian Walking Trail to include the bridge over 195 at the Fellsmere Welcome Center, The City Attorney asked Council to add Item F - Glentry Lane reconstruction to the Consent Agenda. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to add Consent Agenda Item F passed with a unanimous voice vote. (3-0) 8. 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 25, 2018 Regular City Council Meeting 18.069 B. Prior Authorization for Council Travel to Florida League of Cities Annual Conference, August 15-18, 2017, Diplomat Beach Resort, Hollywood, Florida FLC Conference (Transmittal, Announcement) 18.070 C. Approve Sale of Real Property Located at 198 Columbus Street in Accordance with Code Sec. 2-93(b) (Transmittal, R-15-40, Invitation, Response) 18.071 D. Approve 2018/2019 Show Dates for Craft Club of Sebastian, Inc. at Riverview Park (Transmittal, Letter, Application, List, Insurance) 18.072 E. Approve 2018/2019 Show Dates for Sebastian River Art Club at Riverview Park (Transmittal, Letter, Application, Insurance) Stormwater Fee Increase Public Hearing & Regular City Council Meeting May 9, 2018 Page Three Added F. Approve Work Authorization Under the Construction Services Agreement with Tim Rose Contracting, Inc. for Road Base Reconstruction and Paving of Glentry Lane in the Amount of $96,381 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quote, Work Authorization) MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approved Consent Agenda Items A -F. ROLL CALL: Vice Mayor Kinchen — Aye Council Member lovino — Aye Mayor Hill - Absent Motion carried 4-0. 5. PUBLIC HEARINGS Council Member Dodd — Aye Council Member McPartlan — Aye 18.049 A. Resolution No. R-18-19 — Increasino the Stormwater Utilitv Fee (Transmittal. Notice, R-18-19. 2013 Update, Seawall Assessment, Report, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, INCREASING THE STORMWATER UTILITY FEE PURSUANT TO SECTION 102-125 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-18-19 and Mayor Hill opened public hearing at 5:34 p.m. The City Manager said because the City has fallen behind on major stormwater projects he has found it necessary to double the stormwater fee, noting the fee would pay for the potential $18M seawall project and recommended approval of R-18-19. Public Input Harry Tanner, Belfast Terrace, said he was opposed to the 100% increase. Clara Wisniewski, Academy Terrace, said she could support the increase if it alleviates the stormwater in her neighborhood. John Johnston, President of the Collier Creek Homeowners' Association, said they don't have a problem but they feel ignored when comes to the drainage system. Susan Lorusso said she was not opposed to increase, but the City needs to take care of the stormwater including the seawall which is part of the whole system. Jayne Hayden said 13% of the City's residents live in poverty and asked the fee could only go up to $7.50. Richard Gillmor, 744 Kroegel Avenue, said taking the tax from $5 to $10 was a joke noting the seawall would need to be replaced again in 50 years. Stormwater Fee Increase Public Hearing & Regular City Council Meeting May 9, 2018 Page Four Nathan McCollum said he was opposed to a 100% increase and asked Council to stager the increase. He complimented Council for notifying all of the residents. Russ Owen said the increase is not right to the people who are on a fixed income. Jean Catchpole representing the Indian River Neighborhood Association said the City is to be commended for having a stormwater utility that will assist with treating the water quality of the Indian River Lagoon. Russell Herrmann said untreated stormwater runoff is the state's leading source of water pollution; noted the economic value the Lagoon adds to our real estate; and asked Council to support the increase. Graham Cox, 1215 George Street, said he was concerned for the Lagoon, and he has invested $40,000 to rebuild two canal side lots on George Street. He said additional money will be needed and there should be a better accounting of the money and the improvements. He asked why the City is not using the Stormwater Park to reduce the TMDL to the Lagoon. Mayor Hill asked him to stay on the subject of the stormwater fee increase. He closed his remarks by requesting a refund of the money he spent on the seawall. Tim Glover, President of the Friends of St. Sebastian River said they supported the increase. Ben Hocker, Sebastian, said the money saved by cancelling the quarter round contract should be used. Pam Carter said the engineers that designed the system should revisit it; the increase should be done in increments with measurements taken along the way. Kevin Dixon said he was a professional engineer and if the seawalls were entombed, habitat and water quality would increase then the City would receive credits from the regulatory agencies. 6:09 pm C. N. Kirrie said over $15M has been spent and asked where it has gone, some of the projects should be completed. He requested a complete reassessment before raising the fee. He has paid substantially to the City of the years. Raymond McDermott, said he has been fighting with staff to take care of the empty lots for years; if the City is not taking care of swales, why should they raise the fee. David Reyes said he hasn't seen a model for what the City is basing the raise on; he didn't think staff is properly trained to grade the swales. He could not support the increase at this time until he received more data. CI Stormwater Fee Increase Public Hearing & Regular City Council Meeting May 9, 2018 Page Five 6:25 pm 6:35 pm Ed Herlihy speaking as an individual resident said Sebastian was originally a ditch/swale/canal system that wasn't built very well and is suffering today; the system is over 50 years old. He said they could borrow money from the bank or start now by increasing the fee and obtain matching grants. He asked for support of the resolution. Bob Stephen, 150 Concha Drive, said the new City Manager should analyze it and decide what needs to be done. Ben Donahey, Quarry Lane, said he has been fighting water in front of his house for 14 years; doubling the fee is ridiculous; priorities and projects keep changing. He said no one is addressing any of the issues on his block of Quarry Lane. Juanita Latimer, 1702 Laconia Street, said she supports the increase as long as the City is taking care of the issues other than the seawall. Mayor Hill thanked everyone for their comments. Council Member Dodd stated it is a misnomer to think the City hasn't been maintaining swales in front of people's houses as the City is not responsible for the swale or driveway pipe in front of people's houses. The problems they are encountering today is a result of 30 years of neglect by everybody; the infrastructure must be addressed; the lack of flow is causing us to repair streets because of the degregrated base. The City has no choice but to fix the canal wall system and there is no long term, DEP/SJRWMD approved solution. This proposal will address the biggest problem which is neighborhood drainage. He said the Pelican Island Basin Study concludes the failure of the system is because of lack of owner lot maintenance and new elevations not being maintained. The study recommends that the City take over maintenance. The two ways to raise the funds are to raise the fee or assess each homeowner the cost of repairing their swale which could vary. The least painful way is for the City to assume responsibility for the swale and fix the entire system. He said he was in favor of increasing the fee to address the maintenance. Council Member lovino said he agreed and heard the majority of the folks are for the increase but wanted to discuss how much of an increase. Mayor Hill said he also agreed; stormwater has been the biggest issue since 1999; the quarter round and armadillo didn't work because of lack of maintenance knowledge and in some cases, a homeowner is just fills in their ditch. He said he was concerned about doubling the fee and would be comfortable raising the fee up to $7.50 noting the businesses will be paying a substantial amount. Council Member Dodd suggested having the City Attorney bring back the mathematical calculation for businesses. MOTION by Mayor Hill and SECOND by Council Member Dodd to approve Resolution No R-18-19 with the number in section 1, $10.00 is replaced with $7.50 for one equivalent residential unit and have the City Attorney bring back the business percentage rate. Stormwater Fee Increase Public Hearing 8 Regular City Council Meeting May 9, 2018 Page Six The City Attorney suggested the percentage rate for businesses would be a separate process. Upon that advice, Mayor Hill struck the adjustment for businesses from his motion. Council Member lovino confirmed the stormwater fee would be $30.00 a year for an average sized home. Vice Mayor Kinchen said should would like to make sure the listed projects are completed. . Council Member McPartlan said he was in favor of the full increase. The City Manager said the doubled fee would provide $1 M; a half increase would be about $500,000. The additional $2.50 increase could provide for five more people to help with the maintenance. He said if there is a seawall failure, there is not a formal approval to make an emergency repair. He estimated it would take about two years to receive permit approval and ten years to replace the seawall. If Council did not spend the money now, they would have to spend it later. Mayor Hill said he was comfortable with the $7.50 increase but is concerned about the lack of a plan. The Administrative Services Director said the fee could subsidize salaries; it would be transferred over to compensate the general fund. He said the DST funds can contribute towards the projects but not operating costs. Council Member Dodd WITHDREW his second. Council Member lovino SECONDED the motion to increase the fee to $7.50. ROLL CALL: Council Member McPartlan — Nay Mayor Hill — Aye Vice Mayor Kinchen — Nay Council Member Dodd — Nay Council Member lovino — Aye Motion failed 3-2. MOTION by Council McPartlan and SECOND by Council Member Dodd to approve Resolution No. R-18-19 with a $10.00 increase. 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. Council Member Dodd thanked the City Manager for bringing this forward. Stormwater Fee Increase Public Hearing & Regular City Council Meeting May 9, 2018 Page Seven 7. contd 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. 6:55 pm 18.009 C. Expression of Gratitude and Best Wishes to City Manager Joe Griffin Rob Medina, Community and Military Affairs Coordinator for Congressman Bill Posey, said he was proud to call Mr. Griffin a fellow Marine and extend best wishes from Congressman Posey. He also presented a Certificate of Special Congressional Recognition for his outstanding service to the community. He asked all veterans to salute Mr. Griffin. Mayor Hill presented the City Manager a token of their appreciation and thanked him for his passion that has ignited others. The City Manager noted the employees are what made his service possible all these years. He thanked Council and the citizens for this recognition. Council Member Dodd said it has been a pleasure working with him. Vice Mayor Kinchen thanked him and reminded him to live, love, and play. Council Member McPartlan said he appreciated his mentoring and integrity; the City was fortunate to have him the time that we did. Council Member lovino said their time together was brief but he would always remember it. 9. 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. 18.006 A. Planning & Zoninq Commission (Transmittal, Applications, Ad, List) i. Interview, Unless Waived, Appoint One Expired, Regular Member Position — Term to Expire May 1, 2021 Council Member Dodd and Mayor Hill nominated Mr. Reyes to serve another term. There were no other nominations. Mr. Reyes was appointed to serve another term until May 1, 2021. 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS 18.066 A. Reconsider Action Taken on April 25, 2018 Reaardino Sebastian Golf Course Restaurant Lease (Transmittal. Lease. Addendum 1. E -Mail) The City Attorney explained he was contacted by a Council Member that would like to revisit the issue with the Golf Course; a motion from the prevailing side would be needed to put this back on the table for discussion, change the vote or give him direction. MOTION by Council Member lovino and SECOND by Council Member McPartlan to revisit the action taken on the Sebastian Golf Course Restaurant Lease passed with a voice vote of 4-1. (Kinchen-nay) 7 Stormwater Fee Increase Public Hearing & Regular City Council Meeting May 9, 2018 Page Eight T15 pm T29 pm Mayor Hill said it should be discussed on why the relief should not happen as it would constitute a rewrite of the lease and out of fairness to the community; it should go out to bid. He said the restaurant is selling cold beer and sandwiches; the non -golfer Eagles Nest customers are gone. He suggested putting a committee together to repurpose the restaurant building. Council Member Dodd said he couldn't support the requests outlined in the tenant's e-mail. He said they were deciding if they are terminating the lease tonight. They will have to charge $1,000 a month for ten years to recoup the money the City has put into the restaurant. The restaurant could be made into a bigger pro shop and convert the bar into a snack bar. He would like to give the tenant an opportunity to rearrange his business plan; have the City Manager and staff have conversations with the operator on what's been done and if he is willing to go forward. Council Member Dodd said the tenant is paid up to the month of June; he was in favor of giving him forbearance until October to see if he can work the business out and give City staff a chance to explore options. Mayor Hill noted October is the start of the golf season and they shouldn't add turmoil during the prime of the season. MOTION by Mayor Hill and SECOND by Council Member McPartlan to direct the City Attorney to not enforce a default for 60 days past the first day of June. Wesley Campbell, restaurant operator, said he has been living and doing business successfully in Sebastian for 14 years; he recognized the restaurant needed help and based on agreements, he worked on remodeling and opening the restaurant. He said Council approved his business plan but he is working against the Eagles Nest Restaurant history and needs more time to draw customers into the location. He requested to operate based on the need of the community such as private parties, golf events which will cut down on the labor and daily operations cost. He said he did not want to walk away from his investment of $200,000 worth of equipment and sweat equity. He has split his customer base from his other restaurant to support the operation. He also requested a rent reduction for at least two years to get the restaurant going, continue to provide jobs and a good, clean atmosphere for people to dine. Ben Hocker, Sebastian, said the contract should be terminated. Mayor Hill said the operator is a high quality man with another outstanding restaurant; the motion on the floor gives the City Manager time to work with him. 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. Stormwater Fee Increase Public Hearing & Regular City Council Meeting May 9, 2018 Page Nine 12. PUBLIC INPUT New information or requests to City Council not otherwise on the prepared agenda 7:45 pm Bruce Zingman announced the Annual U.S. Postal Service Food Drive on Saturday May 12 and asked residents to put out non-perishable food items. Mr. Zingman thanked Joe and Denise Griffin for everything they have done for the City. 13. NEW BUSINESS 18.073 A. Aoorove Work Authorization Under the Construction Services Agreement with Tim Rose Contracting. Inc. for Paving Proiect at the Communitv Center and Authorize the Citv Manager to Execute the ADDroprlate Documents (Transmittal. Quote. Work Authorization) The City Manager recommended approval. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve the work authorization to pave the Community Center parking lot. 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. 14. CITY ATTORNEY MATTERS Council authorized the City Attorney to send his response to County Commission regarding Sebastian's Fire Marshal services. 15. CITY MANAGER MATTERS The City Manager announced that residents can sign up to receive emergency alerts by on the City's website. He noted the County did not advise the City that this service was available and during his tenure, he has never received cooperation from the County Commission except from Commissioner Adams. 18.009 A. Chance of Command to New Citv Manager, Paul Carlisle Mr. Griffin left his seat in front of the dais and Mr. Carlisle resumed his seat. Mr. Carlisle said he appreciated the opportunity to serve Sebastian. He hoped to earn the citizens', staff and Council's respect. 16. CITY CLERK MATTERS - None Stormwater Fee Increase Public Hearing & Regular City Council Meeting May 9, 2018 Page Ten 17. CITY COUNCIL MATTERS A. Council Member lovino - None B. Council Member McPartlan - None C. Mayor Hill Mayor Hill said in regard to a recent radio interview, he wanted the County leadership to know that the City Council has not taken a stand on the leadership of County. He would like to make sure the City has a good working relationship with the County. D. Vice Mavor Kinchen Vice Mayor Kinchen wished Joe and Denise Griffin many happy years of retirement and welcomed Mr. Carlisle. E. Council Member Dodd Council Member Dodd reported that at the morning MPO meeting, it was presented that the Go -Line bus system accommodates about 21 riders per hour; statewide systems average 14.7 riders per hour which indicates how successful the Go -Line system is. He also said at the meeting, one of the County Commissioners referenced that the City no longer supports the County's position on the Brightline railroad system. He said a resolution was sent a few years ago indicating the City's support and asked the City Attorney to transmit that resolution to the County Commission. 18. Being no further business, Mayor Hill adjourned the Public Hearing and Regular City Council meeting at 7:55 p.m. Approved at thejllPay 23, 2018 Regular City Council Meeting. Jim Hill J nette l i Hams, MMC —City Clerk