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HomeMy WebLinkAbout03-08-2023 CC MinutesHOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, MARCH 8, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA I. Mayor Jones called the regular meeting to order at 6:00 p.m. 2. Reverend Grant Foster, Riverside Church Assembly of God led with a prayer. 3. Council Member McPartlan led the Pledge of Allegiance. 4. ROLL CALL Mayor Fred Jones Vice Mayor Chris Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Community Development Director Lisa Frazier Community Development Manager Dom Bosworth City Engineer/Public Works Director Karen Miller Administrative Services Director/CFO Ken Killgore Asst. Admin. Services Director Cindy Watson Procurement Manager Don Wixon Airport Manager Jeff Sabo Deputy Police Chief Greg Witt 5. AGENDA MODIFICATIONS -None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 23.040 A. Proclamation — Irish American Heritaae Month — March 2023 - Jim Sullivan, Ancient Order of Hibernians Immediate Past President. and Louise Sullivan, Florida State Ladies Ancient Order of Hibernian President Mayor Jones read and presented the proclamation to Mr. and Mrs. Sullivan who described some of the community assistance the Ancient Order of Hibernian provides. Regular City Council Meeting March 8, 2023 Page 2 23.041 B. Proclamation — Celebration the Older American Act Nutrition Program — March 2023 Ben Earman. Senior Resource Association. Inc. Community Relations Manaeer. and Louise Batista. Executive Assistant Mayor Jones read and presented the proclamation to Mr. Eannan and Ms. Batista. Mr. Earman described the Meals on Wheels Program and noted there are still over 300 seniors on the waiting list. He encouraged the public to donate and volunteer for the program. BriefAnnouncements: Saturday & Sunday, March 11 & 12 - Craft Club of Sebastian Show at Riverview Park — l0am — 3pm River Days & Craft Brew Hullabaloo at Riverview Park Friday, March 17from 3pm — 8pm Saturday, March 18 from loam -- 8pm Sunday, March 19from 10am—Jpm Wednesday, March 22 — Sebastian River Area Public Mural Program Mural Ribbon Cutting Ceremony at the Tiki Bar & Grill - 4pm Vice Mayor Nunn announced the upcoming events. PUBLIC INPUT The Sebastian Little League and Softball League staff thanked Mayor Jones for giving the opening pitch last Saturday at the games. The staff presented the Mayor with an autographed baseball. The staff also thanked the Parks Department, specifically Antoine VanMeir, Mitch Keese and C.J. Van Order for the fantastic fields at the Barber Street Sports Complex. 8. CONSENTAGENDA A. Approval of Minutes — Regular Meeting — February 8, 2023 23.042 B. Approve the Use of the Council Chambers with No Fee for the Florida Fish and Wildlife Conservation Commission (FWC) to Conduct a Public Discussion on Snook Management and Regulations on March 23, 2023 from 4:OOpm to 8:30pm (Transmittal) 23.043 C. Approve the Piggyback Purchase of One 2023 Brush Truck from Cumberland International Under the Florida Sheriffs Association Contract FSA22-VEH20 in Regular City Council Meeting March 8, 2023 Page 3 the Amount of $121,543 for the Roads Division (Transmittal, Quote, ITB, Summary) 23.044 D. Approve the Piggyback Purchase of One 2023 AxionLift Bucket Truck from Bartow Ford Under the Charlotte County Contract #2021000541 in the Amount of $158,219 for the Roads Division (Transmittal, Quote, Contract Docs, Code Sec. 1.210(c) (2)) 23.045 E. Approve the Piggyback Purchase of One 2023 Freightliner Dump Truck from Under the Florida Sheriff's Association Contract FSA22-VEH20 in the Amount of $184,500 for the Roads Division (Transmittal, Quote, Contract Docs, Code Sec. 1.210(c) (2), Summary) 23.046 F. Approve the One Year Extension of the Piggyback Broward College Contract #RFP-2018-167-EH Authorizing Shenandoah Construction to Clean, Repair, Maintain, Televise and. Install Stormwater Pipes at the Revised Pricing (Transmittal, Notice, Contract Docs, Agreement) 23.047 G. Approve Alcoholic Beverages for the Bergstrom Family Event at the Community Center on May 6, 2023 from 1:30 p.m. to 6:30 p.m. — Permittee DOB Verified MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve consent agenda items A-G. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS - None 10. PUBLIC HEARINGS -None 11. UNFINISHED BUSINESS -None 12. NEW BUSINESS 6.18 pm 23.048 A. Consider Exclusive Curbside Solid Waste Collection Services with Waste Management. Inc. and Direct Staff to Prenare the Enactina Franchise Ordinance and Final Contract (Transmittal. Contract. RFP. Pr000sed Cost. Plan. Forms) The City Manager said the contract is set to expire in July and the City received one proposal from Waste Management. He explained the universal and subscription options outlined on pages 170-171 of the agenda backup. Regular City Council Meeting March 8, 2023 Page 4 He said at Council's direction, he reached out to the residents to see what they would like using a Sebastian Daily survey. He went over the results. (See attached) He asked for direction on how Council would like him to proceed. Public Input Grace Reed, Sebastian, said there was also a survey on Facebook where everyone voted for the cheapest option and at the end asked what universal means. She asked why they were paying a franchise fee over the quoted price and if it could be shown on the invoice. She noted the proposal indicates the collection vehicles are in place and they are serviced impeccably and asked why is there a rush to approve the contract if trucks don't need to be ordered. She asked Council to vote for subscription services with one pickup. Jules Justin said she didn't understand how anyone can warrant a 300% increase; the service has been subpar for the last three months. Christina Roberts, Roseland Lane, said she would like once a week, universal service. She said Council Member McPartlan mentioned that we only had one response because we have a history of subscription. She suggested they go to universal so that next time they will have more options. Susan Keeper, Easy Street, asked what the difference is between universal and mandatory. Mayor Jones advised it is the same thing. She said she preferred the subscription for once a month pickup. Zoom Heather Winne said in the information provided, universal was not indicated as mandatory. She suggested if that was noted the $19 a month might not seem as appealing today. She asked how this will affect snowbirds that put their service on vacation mode. Nelson McCollum, Gossamer Wing Way, said he takes his trash to the Roseland Service Center and has never found it overwhelmed and he drives all over the City every day and doesn't find trash lying around. For those that aren't subscribers it will add a $233 fee to your budget so it shouldn't be considered a savings. Council Member McPartlan said there were four bidders for the contract 10 years ago; Sebastian is known as a subscription city. He described how he heard from an elderly gentleman who makes one bag of garbage a month and will now have to pay $20.00 a month. He said he was leaning to subscription. He said if there was an inkling to go with universal, it should be rebid so Sebastian is known as a universal, mandatory pickup so more companies will bid. He also suggested bridging the gap until the County goes out to bid and then join with the County because there will be strength in numbers. Regular City Council Meeting March 8, 2023 Page 5 He said the cheapest rate is the mandatory, once a week service but he can't support that because he has to look out for the elderly who are struggling. Council Member Dixon said with regard to the strength in numbers comment, Port St. Lucie is still $5 more a week and they are bigger than Sebastian. She said snowbirds would save $69 if they are on subscription but full time residents would be paying $100 more to save those that pay $69 a year and have two houses. Council Member Nunn said it was the Indian River County Solid Waste Director who said the landfill is nearing capacity and they are overworked as it is. With regard to things going up in price, a lot of things have gone up in the last 10 years. He said if they remove 25% of those surveyed that didn't understand the word universal, they would still have an overwhelming number of those for universal. For those on fixed incomes, universal will be saving money. He said they make their decisions based on percentages and being that the larger always gets elected, he asked if they should make the decision for the good of the people or the small angry crowd, noting every decision they make affects somebody negatively. He said he feels if there is a 70% subscriber rate they should reward those that are paying for it. He did not have a decision at this point. Council Member Dodd said he understands the reason why people would want the subscription service and why people want the freedom to make the choice themselves. He said he was concerned about those that will really be financially impacted and less concerned for those that he knows can pay the $19 a month and want to be subscription because they don't want to be told what to do. He said he made a note that maybe they could establish a grant program for service but the problem would be that the City Manager would need to administer the program. He also said the City would need to expand the customer service. There are issues tied to this that Council needs to consider. He said he wasn't sure he knew enough to make a decision. He said with this proposal, Waste Management has removed the franchise fee from the amount in the proposal so everyone should add 6% on top of the dollar amount. The City could consider having the franchise fee pay for customer service. Mayor Jones asked how long residents could put the service on hold for seasonal residents. The City Manager said they could put their service on hold as long as they need to. Mayor Jones said he believed everyone should have option to decide if they want pickup service or not. He was not in favor of mandating anything. Vice Mayor Nunn noted the franchise fee would be paid by every citizen and given back to the City. Regular City Council Meeting March 8, 2023 Page 6 Council Member Dixon said one plus of universal service is that it will increase the chance of having more bidders in the future. She also spoke of an elderly person that had no way of taking their trash to the convenience center. Mayor Jones noted that Waste Management has the back door service for those that can't put their trash to the curb. He thanked everyone that participated in the workshops and that came out tonight. Council Member Dodd added that he too spoke to someone who had no way of taking the yard waste to the convenience center which is a benefit of having the service. Council Member McPartlan said if they go with universal, he believed it should be rebid that Sebastian is mandating garbage service to receive the best price. MOTION by Mayor Jones and SECOND by Vice Mayor Nunn to do the subscription service for once a week (option 2). Council Member McPartlan asked why they couldn't bridge the service to September 2025 and then when the County's contract is up, join with them. The City Manager said Waste Management is willing to bridge until December this year but it would be at the $42.00 a month rate. He said he countered with subscription of $19.75 but Ms. Perez didn't think her superiors would go for the counter and being that he didn't hear back, he assumed the counter was rejected. The City Manager said to go with another City until 2025, they would have to reject this bid and find another contract to piggyback until 2025. Roll call: Council Member McPartlan - nay Mayor Jones - aye Vice Mayor Nunn -nay Council Member Dixon -nay Council Member Dodd -nay Motion failed. 4-1 MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon approve universal, once a week option. Roll call: Council Member McPartlan -nay Mayor Jones -nay Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd -nay Motion failed. 3-2 Mayor Jones called for a recess at 7:16 p.m. and upon return at 7:30 p.m., all Council Members were present. Regular City Council Meeting March 8, 2023 Page 7 Council Member Dodd said 17% of the subscription customers are non -payers, that is almost a 1,000 people; that number will increase. He said that was concerning to him and given the collection of yard waste is needed, he was leaning towards universal. He said Waste Management's proposal was based on assumptions such as how many aren't going to pay, what the people will do with their trash and can Waste Management do the same work for less money. He said he wasn't happy with mandating service but it was making more sense than the subscription service. Vice Mayor Nunn noted the Cost Price Index is maxed at 3% each year and Council will have to vote on what they should be. He also explained that 9,000 subscribers at $27.74 will bring in $249,000 — at the universal rate for 12,000 subscribers at $19.45 it would bring in $233,000 so they will make less money but they won't have to manage who is paying or not, they will be paid regardless which is attractive to them. Council Member Dixon said according to the latest census data, the per capita income is $35,660 which is very hard to live on. With 50% of their community falling between 18- 65, a lot of the people are working class Americans and they are struggling. She said she could not ask 70% of the citizens to pay more so 30% still have the choice to opt out when things are tight for everybody. Council Member McPartlan said he didn't want anyone to think he had a problem with Waste Management but he could not mandate the service even though people are saying it is only a coupleof dollars. He noted that homeowners insurance has gone up and people are being mandated to replace their roofs every 10-15 years. He said he was standing for the seniors. He said he wanted to stick with subscription service. Council Member Dixon asked if an assistance program could be set up with the franchise fee payment. The City Manager said that would require a policy decision by Council; an employee would have to be added to manage the program. He said a $15.00 employee would cost about $55,000 with the left over amount ($40,000 to $55,000) available for grants. Council Member Dixon said the left over money would provide about 159 grants. MOTION by Council Member Dixon and SECOND by Vice Mayor Nunn to approve universal pickup for once a week service and direct the City Manager to draft up a the enacting ordinance and agreement with Waste Management. Roll call: Council Member McPartlan - nay Mayor Jones - nay Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 3-2 7:97 pm Regular City Council Meeting March 8, 2023 Page 8 23.049 B. Approve a Building Time Construction. LLC Negotiated Work Services Agreement with a Guaranteed Maximum Price of SI R6.974.00 for the Building Department Office Improvements (Transmittal. Proposal. Agreement. Special Conditions. RFO Submittal) The City Manager said staff provided a RFQ for the design build to put some security in the building department and it was awarded to Building Time LLC. He asked for approval of the work services agreement of $186,874.00. There was no public input. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve the works services agreement with Building Time Construction, LLC. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 23.050 C. Award the Invitation to Bid #23-04. Drainage Improvement in the Stonecroo Watershed to Underwater Engineering Services. Inc. and Authorize the Citv Manager to Execute the Agreement Documents (Transmittal. Bid Tab. Bid Responses The City Manager said he recommended armor flexing the sides of the canals to stabilize the riverbanks. He asked for approval. There was no public input. MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve an agreement with Underwater Engineering Services, Inc. for the Stonecrop Watershed drainage improvements. In response to Council Member McPartlan, the City Manager confirmed this was included in the stormwater master planning study. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 23.050 D. Approve the Sole Source Purchase of Contech AmtorFlex and Corspan Bridge from Contech Engineered Solutions for the Stonecron Drainage bnprovement Proiect in the Amount of $656.123.18 (Transmittal. Certificate. Ouote. Approved Budget Sheet) Regular City Council Meeting March 8, 2023 Page 9 The City Manager said this was the purchase of the material and the bridge itself, including the installation. MOTION by Vice Mayor Nunn and SECOND by Mayor Jones to approve the Sole Source Purchase of Contech ArmorFlex and Conspan Bridge from Contech Engineered Solutions. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 23.019 E. Charter Officer Evaluation Procedure Remove Resolution R-23-03 from the Table MOTION by Council Member Dodd and SECOND by Council Member McPartlan to remove Resolution No. R-23-03 from the table passed with a unanimous voice vote. (5-0) ii. Review and Adout Resolution No. R-23-03 — Citv Council Charter Officer Evaluation Procedure (Transmittal. R-21-04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING PROCEDURES FOR CHARTER OFFICERS FOR GOAL SETTINGS, EVALUATIONS, WAGE ADJUSTMENT OR OTHER INCREASES IN COMPENSATION, AND RE -NEGOTIATIONS OF EMPLOYMENT AGREEMENTS; REPEALING RESOLUTION NO. R-21- 04, IN ITS ENTIRETY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILI Y; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 8:00 pm The City Attorney read the title to Resolution No. R-23-03. Council Member Dodd advised there was a bill before the legislature that might push the evaluation process back a few months to stay out of the six month window before an election but as of right now they are okay with the June/July cycle. Mayor Jones said he was comfortable with the document before them. Council Member McPartlan said he would like to see the Charter Officer's goals for the year so they could determine if the officer met their goals. Regular City Council Meeting March 8, 2023 Page 10 Council Member Dodd said the strategic plan will become the goals of the City Manager. Council Member MCPartlan said he would like to see the officer's goals presented to them. Vice Mayor Nunn said section 4, "However, if the Charier Officer chooses not to renegotiate, the City Council, at their discretion, can re -negotiate the Charter Officers' Employment Agreements," goes against the existing the contracts. If the officer doesn't want to renegotiate, it continues for three additional years. He said he had a concern creating an ordinance that goes against an officer's contract. Council Member Dodd said that was why they are redoing the contracts this month. Vice Mayor Nunn said he understood but also redoing the contracts right now is a violation. The City Attorney said the current resolution dovetails with the current contracts and his understanding was that Council wanted to renegotiate the contracts. This resolution would be a reflection of the new contracts. Vice Mayor Nunn asked if a renegotiation or the resolution would violate the contract. The City Attorney said the resolution is the policy that Council is setting at this point and he was under the impression the new contracts would be set under this resolution. The current resolution would be consistent with the contracts. Vice Mayor Nunn asked if they are creating a resolution that is inconsistent with the contracts, does that nullify the contracts. Currently there is no option to renegotiate a contract; the only other option would be that they have to terminate the officer to renegotiate the contract. The City Attorney said it was the pleasure of the Council. Mayor Jones said if it stayed the way it was, they would never be able to renegotiate the contracts. Council Member Dodd said that is why this language is in this new resolution; they have already voted to evaluate and the Mayor would renegotiate the contracts. The issue was to remove the Charter officers from the salary study increase and provide the officers a pay increase based on their evaluations. He said the only way to reopen the contracts today is to fire the officers. The need was to get back on cycle to what they talked about doing two meetings ago. The officers could legally challenge their ability to do this and they will then be at a decision point. Vice Mayor Nunn said they voted to give the salary adjustments when the second union negotiation was finalized; they haven't voted on the resolution so it's not Regular City Council Meeting March S, 2023 Page I legal yet. They have voted on language but after doing research, he sees an issue and whether it's one or three, all of the officers deserve to be protected by the contract that they have. If they want to bring it up for renegotiation, they can do so but this resolution changes that and that was his concern. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve Resolution No. R-23-03. Council Member McPartlan said he thought they were redoing the contracts so they look the same. He asked the Vice Mayor if they were doing something wrong because one remedy would be to relieve each officer of their contract and send the Mayor to redo them. He said, "I thought Council Member Dodd was pretty clear, I thought we are well within our rights in listening to the City Attorney that we are following the proper procedures." Roll call: Mayor Jones - aye Vice Mayor Nunn - nay Council Member Dixon - nay Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 3-2 23.019 F. Neeotiation of the Charter Officers' Emolovment Aereemerts (Transmittal) MOTION by Council Member Dodd and SECOND by Mayor Jones to table the Charter Officer's employment agreements until the next meeting to finalize evaluation forms. Council Member McPartlan asked if Council wants everyone to grade the forms and then at the next meeting give the Mayor direction as to what they want to see. Council Member Dodd replied yes. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 23.020 G. Interview Prospective Candidate for the Interim Citv Attornev Position and Select the Interim Citv Attomev (Transmittal. Rodnev Edwards Packet. Andrew Mai Packet The City Attorney announced there were two candidates present to interview tonight. Regular City Council Meeting March 8, 2023 Page 12 Rodney Edwards introduced himself and said he was currently the deputy city attorney for the City of Palm Bay and briefly described his education and employment experience. He answered questions from each Council Member. Andrew Mai introduced himself and said he was currently employed with Fishback and Dominick who have represented local governments for over 87 years. He said he would personally represent the City of Sebastian if his law firm was chosen. He answered questions from each Council Member. Mayor Jones called for a break at 8:52 p.m. and upon return at 8:59 p.m., all members were present. Council Member Dixon nominated Mr. Mai. Council Member McParthm nominated Mr. Edwards. There was no public input. Roll call on the nominations: Council Member Dixon - Andrew Mai Council Member Dodd - Andrew Mai Council Member McPartlan - Rodney Edwards Mayor Jones - Andrew Mai Vice Mayor Nunn - Andrew Mai Mr. Mai was appointed the interim city attorney for the City of Sebastian. Mayor Jones offered to work with the City Attorney on negotiating a contract with Mr. Mai. 13. CITY ATTORNEY MATTERS The City Attorney said there would be union negotiations tomorrow. 14. CITY MANAGER MATTERS The City Manager said there is some real interest in the old compound right now and he would like to talk with each Council Member to get ideas for what they would like to see there. He said he would be going to Tallahassee with Council Member Dodd next week and asked for permission to cant' a letter opting out of some affordable housing legislation currently under consideration. It was the consensus of Council to have the Mayor sign a letter. He said he planned to meet with Tom Lanahan with the Treasure Coast Regional League of Cities upon his return from Tallahassee to start the strategic plan process. 15. CITY CLERK MATTERS Regular City Council Meeting March 8, 2023 Page 13 The City Clerk announced that Mayor Jones' request for historical photos and stories for the Centennial Celebration earned front page news of the Sebastian Hometown Newspaper. 16. CTPY COUNCIL MATTERS A. Mayor Jones - None Vice Mayor Nunn asked to talk about the Harbor Lights Motel property. The City Manager said he understood they wanted to get the property out to bid to have something built on it but staff would like them to wait until they review the Community Redevelopment Agency visioning plan at the end of the month. 23.051 A. Commercial Limited Zoning Vice Mayor Nunn said there is only one small section of commercial limited zoning by the Space Coast Credit Union and one of the challenges is that it doesn't allow a drive thin. There is a business interested in some vacant property near the bank but they need a drive thm. He asked to bring up at the next meeting that a special condition might be added to allow a drive thru at the vacant property so they don't have to change the zoning of the property. The City Manager advised that the code already provides for special conditions. Vice Mayor Nunn said they make hard decisions that won't please everyone and asked the residents to know that each of them live in the City and pay the same bills. C. Council Member Dixon Council Member Dixon agreed, tonight was a difficult decision to make regarding solid waste. She said she thought they made the right decision. She said she met the new County Administrator, John Titkanich, who has a young family and will be living in the north county. She said she was excited about the future. D. Council Member Dodd Council Member Dodd asked the City Manager for a project list. The City Manager advised that there would be a staff meeting in the morning and then he could provide that list. He thanked staff for staying for the whole meeting. E. Council Member McPartlan Regular City Council Meeting March 8, 2023 Page 14 Council Member McPartlan asked the City Manager and Council Member Dodd to support Chris Stevenson and Karen Diegl's request for the disadvantaged transportation funding because that money they will receive will be multiplied in Indian River County. 17. Being no further business, Mayor Jones adjourned the Regular City Council meeting at 9:17 p.m. Approved at the April 12, 2023 Regular City Council meeting. Mayor Fred Jones _ ATTEST.• J ette Williams, City Clerk - -