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Home My WebLink About09-11-2019 CC MinutesCm a SE�T�N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, SEPTEMBER 11, 2019 - 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. Father Dave Newhart, St. Elizabeth's Episcopal Church gave the invocation. 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 Citv Staff Present City Manager Paul Carlisle City Attorney James Stokes City Clerk Jeanette Williams Administrative Services Director Ken Killgore Asst. Administrative Services Director Cindy Watson Building Official/Fire Marshal Wayne Eseltine Public Facilities Director/Airport Director Scoff Baker Community Development Manager Dorn Bosworth Leisure Services Director Brian Benton Deputy Police Chief Greg Witt 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 19.113 A. Proclamation — Hun@er Awareness Month — September 2019 — Acceoted by Sherry Siegfried. Treasure Coast Communitv Food Bank Mayor Hill read and presented the proclamation to Sherry Siegfried, Director of Client Services of the Treasure Coast Community Food Bank and her assistant, Tristan Siegfried. 19.114 B. Proclamation — School Attendance Awareness Month — Seotember 2019 — Acceoted_ bv: Dr. Kathrine Pierandozzi & Donna Hedcecock Mayor Hill read and presented the proclamation to Dr. Christina Jacobs, Coordinator of Student Services with the School District of Indian River County. Regular City Council Meeting September 11, 2019 Page Two Brief Announcements >, Sebastian Inlet Centennial Celebration - September 14 from 10:00 am - 4:00 pm — Sebastian Inlet State Park, 9700 South Highway AIA, Melbourne Beach Vice Mayor Kinchen announced the upcoming celebration. 7. CONSENT AGENDA 19.115 A. Authorize Mayor to Execute Sovereign Submerged Lands Lease Renewal with the Florida Department of Environmental Protection — BOT File No. 310006484 — Fisherman's Landing (Transmittal, Lease) 19.116 B. Approve Alcoholic Beverages at Community Center for Ramos Event on September 21, 2019 from 3:00 pm to 11:00 pm - DOB Verified (Transmittal, Application, Receipt) MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve consent agenda items A and B. 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 S. COMMITTEE REPORTS & APPOINTMENTS 19.117 A. IRC MPO Citizen Advisory Committee (Transmittal, Application, List, Ad) L Interview, Unless Waived, Appoint a Second Alternate Representative for the City of Sebastian City Council unanimously supported the appointment of Amber Cards to the alternate member position on the IRC MPO Citizen Advisory Committee. 9. QUASI-JUDICIAL PUBLIC HEARING 19.118 A. Resolution No. R-19-19 — Soecial Exceotion for Vehicular Sales (Wholesale) as a Permitted Use Within the Commercial Riverfront Zoninc District at 920 U.S. Hichwav #1 (Transmittal. R-19-19. Staff Reoort. Acolication. Minutest A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL EXCEPTION TO THE SECTION 54-2-5.4(b) OF THE LAND DEVELOPMENT CODE TO ALLOW A VEHICULAR SALES USE (WHOLESALE) WITHIN THE COMMERCIAL RIVERFRONT ZONING DISTRICT, SPECIFICALLY FOR A PROPERTY LOCATED AT 920 US HIGHWAY #1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE The City Attorney read the title to Resolution No. R-19-19 and Mayor Hill opened the public hearing at 6:09 p.m. The Council Members did not have any ex parte communication to disclose and the City Clerk swore in all that were to provide factual statements. Regular City Council Meeting September 11, 2019 Page Three Adam Espley, Espley Wholesale Auto Sales, said he buys and sells vehicles on-line nationwide and needs an office location to keep permits, bonds, insurance certificates, hold training classes, and fingerprint; noting there would never be any vehicles on the premise. The Community Development Director said this was a special exception request which is required when there is a particular zoning use is not allowed in one location but another and in 1999 Council removed the use from the commercial riverfront zoning classification. Because the zoning definition has not changed since 1985 and Mr. Espley is required to obtain a Florida dealer's license and, staff has determined that his business is a vehicular sales business that needed to go through the special exception process. She said staff did memorialize in the resolution the condition that no vehicle can be brought to the site as well as the findings of fact required by the Land Development Code. She also said the Planning and Zoning Commission recommended approval with the condition listed in the resolution. No one spoke in favor or against the request. Mayor Hill closed the public hearing at 6:16 p.m. MOTION by Vice Mayor Kinchen and SECOND by Council Member McPartlan to approve Resolution No. R-19-19. 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 10. UNFINISHED BUSINESS 19.002 A. Presentation of Proposed FY 2019-20 Budget and Capital Improvement Proaram (Transmittal. PPT) 6:36 pm The Administrative Services Director/Chief Financial Officer displayed a PowerPoint presentation outlining the budget that does meet the rolled -back rate. (See agenda packet) He noted the labor negotiations haven't been settled. He said a tentative millage and budget would need to be announced and voted on at the first public hearing to be held on Monday, September 16'". Mayor Hill and Council Member Dodd said that they appreciated the work completed by staff and the Budget Review Advisory Board. 11. PUBLIC INPUT Damien Gilliams, 1623 US Highway 1, said at the annexation meeting there was a gentleman that presented his paperwork to staff and was denied the right to speak. Mayor Hill noted his statement was false. Regular City Council Meeting September 11, 2019 Page Four 12. NEW BUSINESS 19.014 A. Ordinance No. 0-19-06 — Repealincl 0-18-02 Amending. Revisina and Uodatino Chapter 42 Relatina to Fire Prevention and Protection - Set Public Hearing for September 25. 2019 (Transmittal. 0-19-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING ORDINANCE 0-16-02 IN ITS ENTIRETY AND REPLACING WITH ORDINANCE 0-19-06 AND AMENDING, REVISING AND UPDATING CHAPTER 42 OF THE CODE OF ORDINANCES RELATING TO FIRE PREVENTION AND PROTECTION; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0-19-06. The City Manager said this ordinance would accommodate the changes agreed upon in the recently adopted interlocal agreement with the Indian River County Emergency Services District. He asked Council to accept the changes and set the public hearing for September 25, 2019. MOTION by Council Member McPartlan and SECOND by Mayor Hill to pass Ordinance No. 0-19-06 on first reading. Council Member Dodd noted that staff would be producing a reservation package to give event applicant and the City may need to expend funds to buy the required equipment. AMENDED MOTION by Council Member McPartlan and SECOND by Mayor Hill to pass Ordinance No. 0-19-06 on first reading and set the public hearing for September 25, 2019. Roll call for the motion and amendment: . Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Motion Carried. 5-0 19.119 B. Resolution R-19-20 — ReDealina Resolution No. R-18-06 Buildina Permit Fee Schedule and Providina for Special Event Permit Fees (Transmittal. R-19-20) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING RESOLUTION R-18- 06 BUILDING PERMIT FEE SCHEDULE AS NEEDED PURSUANT TO CITY CODE SECTION 26-81; PROVIDING FOR FIRE SAFETY INSPECTION FEES PURSUANT TO SECTION 42-28 PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-19-20. The Fire Marshal said this resolution added the special event fees; reduced the site plan review and change of occupancy/no construction; and added the property records search fee. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve Resolution No. R-19-20. Damien Gilliams, 1623 US Highway 1, asked the Mayor if he would be allowed to make his point without interruption. The Mayor responded that he would stop him from making false, salacious remarks. He asked Mr. Gilliams to continue regarding the fee schedule. Regular City Council Meeting September 11, 2019 Page Five Mr. Gilliams said the gentleman who spoke at the annexation hearing did not lie and Mayor Hill called for a recess at 6:50 p.m. and asked Mr. Gilliams to be escorted from the room because of his continued disruptions. He reconvened the meeting at 6:53 p.m. All members were present. 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 19.120 C. Resolution No. R-19-21 — Ratifvinp a Collective Bargaininc Acreement Effective, from October 1. 2019 to September 30. 2022 for Emolo`(ees Covered by the Coastal Florida Public Emolovees Association (Transmittal. R-19-21. Aareement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING AN AGREEMENT FOR ALL FULL-TIME AND PART-TIME (EXCLUDING TEMPORARY AND SEASONAL EMPLOYEES) HOURLY EMPLOYEES BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION (CFPEA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2019 THROUGH SEPTEMBER 30,2022; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY'S RATIFICATION AND CAUSE SAID AGREEMENT TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-19-21. The City Manager briefly outlined the changes in the agreement which were a result of meetings held between himself, the union representatives, and the Human Resources Director. He said the union would be voting on it September 18'". Linda Masterson, 106 Blue Herring Way, said the benefits outlined in the agreement are incredibly generous and come at a ridiculous high cost to the taxpayers. MOTION by Council Member McPartlan and SECOND by Council Member Iovino to approve Resolution No. R-19-21. Roll Call: Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Memberlovino — aye Council Member McPartlan — aye Motion Carried. 5-0 19.066 D. Approve CSA No's 1, 3, 4 & 5 Under the Roadway Paving Service Agreement with Ranger Construction for the Milling and Paving of the Following Streets: • Dixie Terrace from Clearbrook Street to Ocean Cove St. • Ocean Cove Street from Carnival Terrace to Crystal Mist Ave. • Quatrain Lane from Concha Drive to Cavern Terrace • Quiescent Lane from Concha Drive to Cavern Terrace and Authorize the City Manager to Execute the Appropriate Documents for the Total Amount of $149,347.00 (Transmittal, CSA No's 1, 3, 4 & 5) The City Manager said the next four agreements would complete the first year and the majority of the second year of the recently adopted 6 -Year Pavement Management Maintenance Program. Regular City Council Meeting September 11, 2019 Page Six Mayor Hill advised the public that items D -F would be voted on at the same time and asked the public for input. John Cristino, Spring Valley, noted only three roads will be completely redone with the proposal and asked the City if they had plans for the millings. MOTION by Council Member Dodd and SECOND by Council Member lovino to approve items D -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 19.066 E. Approve CSA #2 Under the Roadway Paving Service Agreement with Ranger Construction for the Final Application of Asphalt and Paint Striping of the CavCorp Parking Lot and Authorize the City Manager to Execute the Appropriate Documents for the Total Amount of $56,809.60 (Transmittal, CSA #2) See motion under item D. 19.066 F. Approve CSA #1 Under the Roadway Paving Service Agreement with Asphalt Paving Systems for the Cape Seal of the Following Streets: • Clearbrook Street from Concha Drive to Crystal Mist Avenue • Concha Drive from Laconia Street to Clearbrook Street • Horizon Terrace from Concha Drive to Ocean Cove Street • Ridgely Lane from Concha Drive to Cavern Terrace and Authorize the City Manager to Execute the Appropriate Documents for the Total Amount of $52,046.11 (Transmittal, CSA #1) See motion under item D. 19.066 G. Approve CSA #2 Under the Roadway Paving Service Agreement with Asphalt Paving Systems for the Full Depth Reconstruction of the Following Streets: • Cavern Terrace from Glentry Lane to Clearbrook Street St. • Ocean Cove Street from Carnival Terrace to Concha Drive • Schooner Lane from Concha Drive to Cavern Terrace and Authorize the City Manager to Execute the Appropriate Documents for the Total Amount of $432,172.60 (Transmittal, CSA#2) See motion under item D. Regular City Council Meeting September 11, 2019 Page Seven 19.066 H. Approve CSA #3 Under the Roadway Paving Service Agreement with Asphalt Paving Systems for Cape Seal and Micro Seal Preservation of the Following Streets: • Autumn Terrace: Micro Seal from Watercrest St. to Melrose Lane • Autumn Terrace: Cape Seal from Crown St. to Carnation Dr. • Carnation Drive: Micro Seal from Vine Ave. to Melrose Lane • Carnation Drive: Cape Seal from Melrose Lane to Barber St • Engler Drive: Micro Seal from George Street to Barber St. • Jeffie Terrace: Micro Seal from Perch Lane to George St. • Lobster Terrace: Micro Seal from George St. to Melrose Ln. • Perch Lane., Micro Seal from Engler Drive to Jeffie Terrace and Jettie Terrace to Seaside Terrace • Perch Lane: Cape Seal from Autumn Terrace to Tulip Dr. • Quarry Lane: Cape Seal from Seaside Terrace to Engler Dr • Seaside Terrace: Micro Seal from Perch Ln to George St. • Seaside Terrace. Cape Seal from Tunison Ln to Perch Ln • Tunison Lane: Micro Seal from Engler Dr. to Autumn Ter. • Watercrest St.: Micro Seal from Dominican Ter. To Engler Dr. • Biscayne Lane: Micro Seal from Engler Dr. to Seaside Ter. And Authorize the City Manager to Execute the Appropriate Documents for the Total Amount of $304,017.29 (Transmittal, CSA #3) See motion under item D. 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS - None 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member lovino - None B. Council Member McPartlan - None C. Mayor Hill asked that the organization placing the "Save Our Sebastian" signs remove the fallen, half -standing signs. He also asked that the City Manager look into possible code violations on a CRA property that has a fenced off parking lot, dilapidated furniture, and rusty signs. D. Vice Mayor Kinchen thanked the employees for securing the City's property in preparation of Hurricane Dorian. E. Council Member Dodd stated the 911 Ceremony was nice and well attended. He announced to the public that the City Manager will have a new PA system before the next ceremony. 17. Being no further business, Mayor Hill adjourned the Regular City Council meeting 2t 7:08 p.m. Approved at theeptember 25, 2019 Regular City Council Meeting. - I r;I ATTEST: e�nette Williams, MMC—City Clerk =