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Home My WebLink About03-13-2019 CC Minutesaria S HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, MARCH 13, 2019 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the Regular City Council Meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Council Member McPartlan 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 City Staff Present City Manager Paul Carlisle City Attorney James Stokes City Clerk Jeanette Williams Administrative Services Director Ken Kiligore Public Facilities Director/Airport Director Scott Baker Community Development Manager Dom Bosworth Leisure Services Director Brian Benton Procurement Manager Randy Moyer Deputy Police Chief Greg Witt 5. AGENDA MCt��FIC,4TIONP Modifications an addddihons require unanimous vote of City Counts/ members There was no objection to the City Manager's request to add Resolution No. R-19-08 opposing legislation that would preempt local authority or impose unfunded mandates; in addition to the approval of a contract with XtremeFX LLC to provide the 0 of July fireworks as new business items C and D. 6. PROCLAMATIONS. AWARDS BRIEF ANNOUNCEMENTS Presentations of proclamations, certit cotes and awards, and brief timely announcements by Council and Stag No public input or action under this heading. 19.029 A. Proclamation — Recoonizina the Sebastian Old Bova Softball Leaaue Mayor Hill read and presented the proclamation to the team. 19.031 B. Proclamation — Not a Lab Rat - Kick Butts Dav — March 20. 2019 - Indian River SWAT Chanter Youth and Leslie Soudock. Community Health Advocate Mayor Hill read and presented the proclamation to Jasmine Romano, SWAT Member, and Ms. Spurlock. Regular City Council Meeting March 13, 2019 Page Two 19.032 C. Proclamation — Recoonizinp the American Legion's 100's Birthdav - Rick Feldhann Second Vice Commander. Post 189 and Members Mayor Hill read and presented the proclamation to Vice Commander Feldhann and members of American Legion Post 189. 19.033 D. Proclamation - Red Cross Month - Aoril 2019 — Ben Trautman. Communitv Volunteer Leader Mayor Hill read and presented the proclamation to Mr. Trautman. 19.001 E. Presentation of Fiscal Year 2018 ComQrehensive Annual Financial Report (CAFR and Annual Citv Audit by City Auditor, ehmann Robson (Transmittal) Ross Cotherman, Rehmann, Robson, LLC, introduced himself and explained the City is not required to complete a comprehensive report but in choosing to do so, becomes eligible for a certificate of excellence in financial reporting which is commendable. He briefly described the sections of the report and pointed out that this year the City was required to complete a federal single audit to ensure compliance with the FAA grants received to improve the airport. Mayor Hill stated the comprehensive report provides additional transparency and complimented staff for the outstanding job. Brief Announcements March 15 -17th - ShrimpFest & Craft Brew Hullabaloo - Fri 3-9, Sat 10-9, Sun 10-5 March 22 — Chamber Concert in the Park— SoulJam — 5:30 to 8 pm March 23 — Sebastian River Art Club Show— 10 am to 4 pm Vice Mayor Kinchen announced the upcoming events. CONSENT AGENDA A. Approval of Minutes — February 27, 2019 Regular City Council Meeting 19.002 B. Resolution No. R-19-07 - Accepting the 1 at Quarter Financial Report and Recognizing Necessary Amendments and Adjustments to the FY18/19 Annual Budget (Transmittal, R-19-07, Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RECOGNIZING AMENDMENTS AND ADJUSTMENTS TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019 AS PROVIDED FOR IN EXHIBIT W; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 19.034 C. Approve Community Easter Sunrise Service at Riverview Park with Use of Stage on April 21, 2019 from 6:30 a.m. to 7:30 a.m. (Transmittal, Applications, Agreement, Receipt) 19.035 D. Approve Alcoholic Beverages at Community Center for Palladino Event on April 27, 2019 from 2:00 pm to 8:00 pm - DOB Verified (Transmittal, Application, Receipt) Regular City Council Meeting March 13, 2019 Page Three MOTION by Council Member Dodd and SECOND by Council Member lovino to approve consent agenda items A -D. 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. 8. COMMITTEE REPORTS & APPOINTMENTS - None 9. PUBLIC HEARINGS 19.022 A. Second Reading and Public Hearinq of Ordinance No. 0-19-01 Proposed Land Develooment Code Amendment with Reaards to Adult Personal Service Businesses (Transmittal. 0-19-01. Minutes. Matrix. Conditional Use Info. Definitions) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE ARTICLE XXII LANGUAGE AND DEFINITIONS; AMENDING SECTION 54.5-22.3( c) REGARDING ADULT PERSONAL SERVICE BUSINESSES; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 2126119) Mayor Hill opened the public hearing at 6:21 p.m. and the City Attorney read the title of Ordinance No. 0-19-01. The City Manager said this was requested by an individual that came to City Council because the code would not allow for this type of service in commercially zoned areas. He said the Community Development Manager deserved the credit for amending the zoning category definitions. Lisa Rodriguez, business owner, said it was difficult for her to open her tattoo business in the industrial area but it has turned into a blessing. She said she wanted to be remembered during this process and asked Council to consider marquees on CR512. William Buck thanked Council for quickly acting on the code change. The Community Development Manager verified there were no changes made to the ordinance since the first reading and staff recommended approval. Mayor Hill closed the public hearing at 6:27 p.m. MOTION Vice Mayor Kinchen and SECOND by Council Member McPartlan to approve Ordinance No. 0-19-01. ROLLCALL: Council Member Dodd—aye Council Member lovino — aye Council Member McPartlan —aye Mayor Hill —aye Vice Mayor Kinchen — aye Motion carried 5-0. Regular City Council Meeting March 13, 2019 Page Four 19.023 B. Second Readina and Public Hearina of Ordinance No. 0-19-03 Citv of Sebastian Code Amendment with Reaards to EmDlovee Travel (Transmittal. 0-19-03. F.S.112.061) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CODE OF ORDINANCES CHAPTER 2, SECTION 2-75(a) AND SECTION 2-74(b) REGARDING MEAL ALLOWANCE AND PER DIEM; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 2/27/19) Mayor Hill opened the public hearing at 6:27 p.m. and the City Attorney read the title of Ordinance No. 0-19-03. The City Manager said this ordinance would repeal two sections of the code and allow the City to follow state statute regarding meal reimbursement and IRS guidelines for mileage reimbursement. There was no public input and Mayor Hill closed the public hearing at 6:29 p.m. MOTION by Council Member Dodd and SECOND by Council Member lovino to approve Ordinance No. 0-19-03. ROLL CALL: Council Member lovino — aye Mayor Hill — aye Council Member Dodd Motion carried 5-0. 10. UNFINISHED BUSINESS - None 11. PUBLIC INPUT Council Member McPartlan — aye Vice Mayor Kinchen — aye Karen Rutledge, Point -of -Woods homeowner, said since January 2018 there has been significant aircraft traffic over her area, giving her concern in regard to noise nuisances and safety. She said given that she is on record as providing concerns at public hearings, and her three-story home is mentioned in the master plan, she asked why she was not given the opportunity to give input before the new airport master plan was approved. She asked that the guidelines that were agreed upon by Flight Safety be facilitated and noted student pilots should not be allowed to operate over residential areas. Bob Stephen, 150 Concha Drive, said he and his wife are getting sick from the herbicides and knows that he should move but he can't afford it. He witnessed someone spraying the walkway from Joy Haven to the Stormwater Park and suggested the City should be telling people what they are walking on. Dr. Graham Cox thanked the City Manager for appearing at the recent FWC Okeechobee herbicide discussion; he asked Council to take seriously what Mr. Stephen is saying about the herbicide issues; and he asked Council to set an example to the neighboring communities in regard to using an alternative for herbicide spraying. Regular City Council Meeting March 13, 2019 Page Five Diana Bolton, George Street, cited her extensive educational and research credentials and offered her services to the City in any way that may improve the quality of life. She requested to meet with the Council Members in the future. Mayor Hill asked what controls are available relative to the traffic at the airport. The City Manager stated the City has reached out unsuccessfully to the FAA with some of the resident's suggestions --noting the suggestions are not regulations just voluntary applications that the FIT Training School and Paris Air do not want to consider. He said the FAA regulates the airspace so the City does not have the authority to choose which pilots come in and when they can fly. He further explained there is a pilot shortage prompting substantial participation in the training market right now; the airport came in 1947 and the houses came later bringing about the preferred flight path, but the pilots must use the prevailing winds for their safety. Mayor Hill stated the City has made numerous attempts to look out for the resident's safety and quality of life. The City Manager confirmed that he and the Airport Director have met numerous times with Flight Safety but he predicts the air traffic will increase. 6:49 pm In regard to Ms. Bolton's offer of environmental services; Council Member Dodd said he has conversations with the City Manager regarding the herbicide application and suggested that he meet with Ms. Bolton. 12. NEW BUSINESS 19.024 A. Aoorove Contract with Nidv Soorts Construction Comoany for Schumann Tennis Court Resurfacina in the Amount of X36.000 throuoh the National Cooperative Purchasina Alliance and Authorize the Citv Manacer to Execute the Aoorooriate Documents (Transmittal. Quote) The City Manager stated this company is constructing the pickleball courts and this additional contract would provide an opportunity to have the tennis courts done at a fair price. MOTION by Vice Mayor Kinchen and SECOND by Council Member McPartlan to approve the resurfacing of the Schumann tennis courts by Nidy Sports Construction Company. ROLL CALL: Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd Council Member lovino — aye Motion carried 5-0. 19.023 B. Resolution No. R-19-04 - Council and Charter Officers Travel Policv (Transmittal, R- 19-04. Policv) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, UPDATING THE TRAVEL POLICY FOR CITY COUNCIL AND CHARTER OFFICERS; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE. Regular City Council Meeting March 13, 2019 Page Six The City Attomey read the title of Resolution No. R-19-04. The City Manager explained this was a follow-up to the ordinance that just passed regarding employees. MOTION by Council Member Dodd and SECOND by Council Member lovino to approve Resolution No. R-19-04. ROLL CALL: Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd Council Member lovino — aye Council Member McPartlan — aye Motion carded 5-0. Added C. Resolution No. R-19-08 — ODDosino Lecislation that would Preempt Loral Authoritv or Impose Unfunded Mandates (Transmittal R-19-08) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO REJECT ANY ATTEMPT TO USURP THE LOCAL CONTROL OF MUNICIPAL AND COUNTY GOVERNMENTS AND TO REJECT ANY IMPOSITION OF UNFUNDED MANDATES, DURING THE 2019 LEGISLATIVE SESSION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR DELIVERY TO THE INDIAN RIVER COUNTY LEGISLATIVE DELEGATION AND THE FLORIDA LEAGUE OF CITIES; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-19-08. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve Resolution No. R-10-08. 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. Added D. Waive Procurement Policv and Authorize the City Manager and Citv Attomev to Negotiate an Agreement between the City and Xtreme FX LLC for the July 4th Fireworks and Authorize the Mavor to Sion Aoorooriate Documents (Transmittal) The City Manager explained that the City received notice that the current firework company has filed for bankruptcy prompting the need to find a new vendor. He commended the Leisure Services Director for procuring a possible agreement with Xtreme FX, LLC for the 4' of July fireworks. Mayor Hill said the 0 of July is an amazing patriotic and the crescendo is important. MOTION by Council Member lovino and SECOND by Council Member Dodd to waive the purchasing policy and allow staff to negotiate an agreement with Xtreme FX, LLC for the 4' of July show. Regular City Council Meeting March 13, 2019 Page Seven Mayor Hill noted they have been spending $25,000 for 20 years and if there is a need to figure out how to find additional revenue through a public/private partnership or the budget process, he asked that staff plan a spectacular show for the citizens who tum out. 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. CITY ATTORNEY MATTERS The City Attomey stated the Indian River County Commission did pass a motion to withdraw the Chapter 164 Process and begin negotiating an interlocal agreement. He said he would report back to Council individually with a public update at the next meeting. 14. CITY MANAGER MATTERS The City Manager said he participated in the Meals on Wheels campaign earlier in the day and invited the public to participate in this worthwhile service. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Dodd - None B. Council Member lovino said he would like to meet with Ms. Bolton to discuss her environmental experience. C. Council Member McPartlan - None D. Mayor Hill -None E. Vice Mayor Kinchen asked to suspend spraying the canals for a month until the City Manager and Ms. Bolton have had a chance to discuss alternative treatments. Council Member Dodd said there has already been a dramatic cutback with what is being sprayed and the City Manager has committed to working with the City's vendor to find a non -chemical method. He said the more help the City receives from individuals such as Ms. Bolton as opposed to a 30 day moratorium, the better off the City will be. Vice Mayor Kinchen agreed. 17. Being no further business, Mayor Hill adjourned the Regular City Council meeting at 7:02 p.m. Appro4af ril 10, 2019 Regular City Council MeetingATTEST.Mayor anett '1!ams, City Clerk 7