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HomeMy WebLinkAbout10-09-2019 CC MinutesMm. S HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, OCTOBER 9, 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. Deacon John Dunlop, St. Sebastian Catholic 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 City 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 Public Facilities Director/Airport Director Scott Baker Community Development Manager Dorri Bosworth Planner Michelle Faulkner Environmental Technician Kim Haigler Leisure Services Director Brian Benton Police Chief Michelle Morris 5. AGENDA MODIFICATIONS — None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS - None CONSENT AGENDA A. Approval of Minutes — September 25, 2019 Regular City Council Meeting 19.122 B. Approve Alcoholic Beverage for Hurtado Event at Community Center on October 12, 2019 — 3 pm to 9 pm — Permittee DOB Verified (Transmittal, Application, Receipt) MOTION by Council Member Dodd and SECOND by Council Member lovino to approve consent agenda items A and B passed with a unanimous voice vote. Regular City Council Meeting October 9, 2019 Page Two 8. c�MMITT E REPORTS & APPOINTMENTS Ci committee reports antl Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. A. Natural Resources Board 19.123 i. Presentation by Natural Resources Board Chair Nicole Mosblech — Sustainable Sebastian Initiative Dr. Nikki Mosblech said on behalf of the board, the six tasks outlined in the resolution are a strong foundation to conserve and protect Sebastian's unique, natural resources. She noted the board would like to be more involved in decisions regarding the protection of Sebastian's resources. Mayor Hill thanked the board for what they have done for the City. 19.018 ii. Interview. Unless Waived. Submit Nominations for One Unexcited. Alternate Member Position —Term to Expire July 1. 2020 (Transmittal. Application. Ad. List Mayor Hill nominated Ms. Lovell. There were no other nominations, Ms. Lovell was appointed as the alternate member. 9. PUBLIC HEARINGS - None 10, UNFINISHED BUSINESS - None 11. PUBLIC INPUT Robert Cicio, 1597 Eastlake Lane, stated he had distributed a letter with pictures for each of the members through the clerk regarding the steep sloped swale on his property. He requested the City's assistance with piping the swale underground and the installation of a junction box to help level his property. Mayor Hill said he would meet with the City Manager regarding his request. Andrea Ring, 407 Quarry Lane, said she appreciated the Council Members who are serving and hoped they will be able to serve again. She thanked Council for the opportunity to serve on the Citizens Budget Review Advisory Board where they have completed important projects for the City. 12. NEW BUSINESS 19.124 A. Resolution No. R-19-29 — Partial Abandonment of Rear Easement. 561 Benedictine Terrace (Transmittal. R-19-29. Site Mao. Staff Report, Summary. Utilitv Aoorovals. Acolication) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 6, BLOCK 273, SEBASTIAN HIGHLANDS UNIT 10, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. 8:11 pm Regular City Council Meeting October 9, 2019 Page Three The City Attorney read the title of Resolution No. R-19-29. The City Manager said this individual had put in a pool and deck in without a permit, the applicant must now obtain the permit and inspection; request the City to abandon the easement; and pay related administrative fees or remove the pool and decking. He requested Council's consideration to bring this unpermitted work to a conclusion. The applicant was not in attendance. Mayor Hill stated he had some questions for the applicant before he could go forward. Council Member Dodd stated the applicant was advised by the Building Department not to install the pool but he chose to do it anyway. Mayor Hill said he would like to be assured the Magistrate's order would be addressed before abandoning the easement. MOTION by Vice Mayor Kinchen and SECOND by Mayor Hill to postpone the abandonment until the next meeting. The City Attorney advised that the owner could seek relief from the daily fine that will be accruing at the time of reconsideration. 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. 19.123 B. Resolution No. R-19-30 — Su000rtina the Sustainable Sebastian Initiative (Transmittal. R-29-30. Ex. A) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE "SUSTAINABLE SEBASTIAN" INITIATIVE; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE, The City Attorney read the title of the resolution No. R-19-30. The City Manager these were goals or milestones the Board established to help the environment but they were not meant to be regulatory. Council Member Dodd said the resolution outlined six tasks for the board to accomplish but they would be an extremely good framework for all City decisions. He suggested modifying the resolution to integrate the tasks into all City operations, without approval levels, so it may be used for example when the City makes purchases or as a tenant under the upcoming comp plan revision or with land development code modifications — particularly landscape changes. He said the board has done a great job; this is a sound framework for City practices to be as helpful as possible in maintaining a good, solid environment. In response to Chair Mosblech's question as to how broad the resolution should be, Council Member Dodd asked them to think in the terms as a mission statement. For example in Section 1 of the Resolution: - Partner with associations that can provide assistance in implementing alternative products - Provide recommendations for City policies and Codes related to Natural Resources and retum to the Board to have them continue with the process Regular City Council Meeting October 9, 2019 Page Four Apply landscaping practices that promote a healthy, native ecosystem to all ordinances Apply the goals to all of the activities or actions that will take place in the City The City Manager said it should be a balance of if it meets the needs of the City and if it is environmental; instituting the practices would be a long term process. MOTION by Council Member lovino and SECOND by Vice Mayor Kinchen to approve Resolution No. R-19-30. 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. 19.124 C. Authorize Citv Attornev Recruitment Announcement (Transmittal. Aareement. Announcement) The City Manager asked Council for their comments on the job description and to consider a full-time, in-house attorney based on everything that is happening in the City. The City Attorney advised that the work load does exceed his working two days a week and it will increase as the City grows: he recommended a full-time attorney with a closing date of "until filled." MOTION by Mayor Hill and SECOND by Council Member Dodd to authorize the City Manager go forward with the schedule he has established with an open end to the recruitment process. It was the consensus of Council to remove the word contractual from the job description. The City Attorney asked Council to consider a salary range. Mayor Hill suggested that staff work up a survey to bring to them at the next meeting. 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. 19.125 D. Award Three Year Bankina Services Agreement to Seacoast Bankino Comoration of Florida with Two Optional Two -Year Extensions (Transmittal. Scores. Pr000sal Resoonse. References. Aareement) The City Manager asked Council to award the banking services agreement to Seacoast Banking Corporation. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve the banking services agreement with Seacoast Banking Corporation of Florida. Regular City Council Meeting October 9, 2019 Page Five 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. 19.126 E. Award Richt-of-Wav Swale/Ditch Mowinc Services Contract to STS Maintain Services. Inc. in the Amount of $277.700.00 and Authorize the Citv Manaaer to Execute the Same (Transmittal. Bid Tab. Bid Response. References. Acreement) The City Manager asked Council to award this contract. Council Member Dodd noted the City was under contract with the higher bidder and asked if that contractor knew something that the City might find out six months from now. The City Manager responded the company was vetted. MOTION by Vice Mayor Kinchen and SECOND by Mayor Hill to approve the ROW swale/ditch mowing contract to STS Maintain Services, Inc. Linda Masterson, Laurel Reserve, noted the pricing was not in the backup which could lead to upcharges. The City Manager stated the pricing was included on page 214 and no change orders would be allowed. 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. 13. CITY ATTORNEY MATTERS The City Attorney said he recommended retaining Dan Abbott with Weiss Serota Helfman Cole & Bierman to address the Audubon Society's writ petition and the Chapter 164 process with Indian River County regarding the Graves Brothers annexation. He said that the City was in a unique situation since both processes were going on at the same time, he advises that no one should talk about pending litigation in public yet the first meeting of the Chapter 164 process is to be a public meeting on October 31. He asked Council if they would like the City Manager and himself to participate in the discussion or not say anything on October 31". He said the City could send a formal request to the County to stay (suspend) the Chapter 164 process but if they refuse, he does not want the City Manager or himself to say anything on October 31". In regard to the Audubon Society litigation, the City Attorney said the judge has issued an Order to Show Cause that must be filed within 60 days; the matter will be fully briefed by early December and wrapped up by the first of the year. It was the consensus of Council to request a stay from the judge in regard to the Chapter 164 process. Natural Resources Board Member It was also the consensus of Council to have the City Attorney ask the member of the Natural Resources Board that is incarcerated to resign from the board until his legal issues are resolved. Regular City Council Meeting October 9, 2019 Page Six 14. CITY MANAGER MATTERS The City Manager reported that he has hired a Public Works Director/Engineer, Ken Griffin, who will be reviewing his glyphosate report before presenting it to Council in November. He said Mr. Griffn's environmental engineering degree will provide valuable recommendations to his report. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Mayor Hill said the 2020 Census coordinator has approached him to form a Complete Count Committee in Sebastian. He asked Council Member lovino to chair the committee and if the other members were aware of citizens that might like to serve to get in touch with the City Clerk. B. Vice Mayor Kinchen said clogged swales in the vacant lots on S. Easy Street are blocking the water flow and she asked if the City cites those property owners. The City Manager replied those owners would be cited and invoiced if the City clears the swale. He said he would check the Stonnwater Division's schedule to see when the vacant lots are scheduled for clearing by the armadillo drill. C. Council Member Dodd - None D. Council Member lovino - None E. Council Member McPartlan - None 17. Being no further business, the Regular Meeting was adjourned at 6:58 p.m. Approved at th ber 23, 2019 Regular City Council Meeting. Mayor i iil ATTEST: J nette Williams, MMC — City Clerk