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HomeMy WebLinkAbout04-26-2023 CC Minutesanot HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL & COMMUNITY REDEVELOPMENT AGENCY MEETING MINUTES WEDNESDAY, APRIL 26, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Jones called the meeting to order at 6:23 p.m. 2. A moment of silence was held. 3. Council Member Dixon 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 Interim City Attorney Andrew Mai City Clerk Jeanette Williams Administrative Services Director/CFO Ken Killgore Human Resources Manager Cindy Watson Community Development Director Lisa Frazier Community Development Manager Dorri Bosworth City Engineer/Public Works Director Kum Miller Leisure Services Director Brian Benton Golf Pro Greg Gardner Airport Manager Jeff Sabo Police Capt. Tim Wood 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 23.076 A. Presentation — United Aeainst Povertv. Matt Tanner. Executive Director Mr. Tanner introduced himself and said the United Against Poverty is celebrating their 2e year anniversary in inspiring and empowering individuals and families to economic self-sufficiency. He described the four core programs of the agency —Membership Regular City Council & CRA Meeting April 26, 2023 Page 2 Grocery Program, Crisis Stabilization Program, Education Program, and Workforce Development Program. He said they would like to raise awareness and do more for the Sebastian area either through foot traffic, an upcoming bus system or the virtual connectivity options workforce program. Council Member McPartlan noted they also have a relationship with Treasure Coast Community Health for physical or behavior health that is available on a sliding scale; and the Safe Families Program with the Dept. of Children and Families for unemployment, food stamps and rental assistance. There are 125 community partners to help those in need. BriefAnnouncements: Friday, April 28 - Chamber ofCommerce's Concert in the Park St. John's Wood (British 50's & 60's) — 5:30pm — Spot Saturday, April 29 from 9.30am to 5pm & Sunday, April 30 from IOam to 4pm - Barb Snow's 1st Annual Springtime Garden Festival in Riverview Park Thursday, May 4 - National Day of Prayer at City Hall Courtyard —12: 20pm —12: 40pm Friday, May 5 - Chamber of Commerce's Concert in the Park - MJ Wicker (Jimmy Buffet style) — 5:30pm — 8pm Vice Mayor Nunn announced the upcoming events. PUBLIC INPUT Terry McGinn, Miller Drive, informed the public that there is a 2.7 acre parcel located on 11360 Indian River Drive, on the lagoon with 115 legacy trees slated to be developed as a 3-story Home2 Suites hotel that will be considered by the Indian River County Technical Advisory Committee on May 10`". He invited the City to get involved. Vice Nunn said it was recommended by a County Commissioner to have City Council submit a letter to the County asking them to listen to the City's concerns and answer our questions. Council Member Dodd noted there isn't any planning for boat trailer parking for the hotel guests who could leave their trailers in the CavCorp lot all week. He suggested Council should go on record that they don't support this project. The City Attorney advised since the matter will be quasi-judicial, Council will need to submit competent substantial evidence that the decision makers can use to vote the project down. The City should develop a strategy using experts to go before the County Commission. Regular City Council & CRA Meeting April 26, 2023 Page 3 MOTION by Council Member Dodd and SECOND by Council Member Dixon to add the discussion of the proposed 3-Story Home2 Suites Hotel as item #14G under new business, 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 JoAnne White, read a letter that she recently submitted to Council regarding speeding traffic on Easy Street. (See attached) She asked Council to slow the traffic down either with a police presence or a stop sign where the school crossing walk is. The City Manager advised that the Police Department is planning to do some close patrol to issue citations and warnings. He said it is prohibited to use stop signs to control traffic. Alesandra Valenzuela, Wallis Avenue, said her neighbor has removed trees because he was angry with her. She asked that her neighbor be forced to replace two of the trees and strengthen the City's code to remove trees. David Cromwell said he agreed with JoAnne White, the speeding on Easy Street has gotten out of control and asked what a collector street is. The City Manager advised it is where the feeder streets throughout a neighborhood come out to a main thoroughfare or a collector street. In response to Council Member McPartlan, the City Manager advised that Council make the speed limit 25 mph by resolution; it is currently 30 mph. Jamie Sol asked to talk about the hotel but was asked to come back under item #14g. Nelson McCollum, Gossamer Wing Way, discussed the new Waste Management fees. Council Member Dodd called for a point of order stating he should come back under item #12a. Interim City Attorney said this was the appropriate time since item #12a is only approving the exclusive franchise. In regard to the new Waste Management fees, Mr. McCollum said the Sebastian Daily survey should have been explained better. He asked Council to let the residents choose how they want to have their trash picked up. Cherie Schuch, Collier Club, said the Waste Management vote was very rushed and she didn't think the public was aware of the increase. Regular City Council & CRA Meeting April 26, 2023 Page 4 Martin Styger, Sebastian Crossings Blvd, said people weren't aware of the Waste Management increase and hoped Council will activate the 120 day clause to terminate service to give people a choice. Carl Schuch, Gossamir Wing Way, said it was a bad decision to have residents who are not here during the summer pay for the trash service. Roby Blevins said mandating the Waste Management charge for the unreliable service and not giving the residents a choice is bad business. Donna Grew said the residents weren't properly informed on the Waste Management decision. She pays her bill online and there wasn't any notice. Sharon, Sebastian, said she has listened to the stories about how this will harm the people and her heart is broken. She asked Council to backtrack on the Waste Management decision. Brian Mather, Autumn Terrace, said his understanding is that everybody who has spoken are the minority. Council Member Dodd said 76%- 80%of the people pay the subscription service to have their trash picked up. He is elected by the entire representatives of the city so for him to sell the 75% that he is going to raise their cost to $27 instead of $19 in order to not have the 18% or 20% (that don't subscribe) to not pay —he reminded them that this is a democracy. If they were to put it to a vote, they would get better than 60% to vote for $19 a month. He asked what do they do as an elected official —allow the minority to sway the majority. Council Member Dodd said he doesn't believe in mandates, he has to vote for what is best for the citizens. Mr. Mather apologized for his choice of words. He is an empty nester that doesn't subscribe and as things are going, he won't ever have to go to the transfer station again. Karen Jordan said she was concerned about the snowbirds that will have to pay even though they aren't here. She suggested Council put the Waste Management contract to a vote because the people speaking out aren't the minority. Susan Aguirre, resident of Sebastian and Legislative Assistant to State Representative Robbie Brackett said the majority of a poll is not really science and if the City would like to regain the trust of the residents, transparency is the key. She said since the City will collect the money as a tax for the service, Council should ask the voters to make the decision and inform the voters of where the money is going. She asked Council to re- evaluate their decision. 7:39pm Vice Mayor Nunn said the overall annual revenue for 9,000 subscription residents is $249,000 and the 12,000 universal residents will provide $233,000 which is less money Regular City Council & CRA Meeting April 26, 2023 Page 5 and more service. The monthly cost will go up about $3.00 at $19.45 a month. He said he was offended that a representative for our state representative would come up and suggest illegal doing at our pulpit; he was offended to suggest that somebody is getting paid. Council Member Dixon said in response to those that asked why the City only received one bid is because Sebastian is known as a subscription community and the other company could not be bothered wondering if they could make enough money off the residents. She said her thinking was that if they do universal, at the next time they might have more competitive bids. She reminded the audience that H manshu Mehta, Managing Director at the Indian River County transfer station said it was operating at mostly capacity. However, if the City went with the subscription service, more people may drop the service and impact the transfer station. They also considered the people who refuse to pay and put their garbage in the paying customer's containers or in the City's parks. She reminded them that they didn't make the decision lightly. Council Member Dodd said he has a gigantic amount of empathy for those that feel they cannot pay for the service. He said he intends to propose a grant program to assist those that can't pay for the service. He said he didn't hear Ms. Aguirre say that Council didn't do anything illegal but he did hear woke and communist. He asked how many people would like the ability to opt in to choose to have street repair or stormwater maintenance. He noted there are all kinds of things that citizens pay for that they don't use. He said he has a great amount of sympathy and noted there wasn't anything woke or communist about the Council Members on the dais. They are trying to do the best job they can for the overall populous Mayor Jones recessed the City Council meeting and convened the Community Redevelopment Agency meeting at 7:47 p.m. A. MOTION by Mr. Dodd and SECOND by Vice Chairman Nunn to approve the October 12, 2022 CRA Meeting minutes passed with a unanimous voice vote of 5-0. 23.077 B. Fiscal Year 2022 CRA Annual Report in Accordance with F.S.163.371 - Accent and Forward to Citv Council (Transmittal. Report) MOTION by Mr. Dodd and SECOND by Vice Chairman Nunn to accept the 2022 CRA Annual Report passed with a unanimous voice vote of 5-0. Chairman Jones adjourned the Community Redevelopment Agency meeting and reconvened the City Council meeting at 7:48 p.m. 10. CONSENTAGENDA A. Approval of Minutes — April 12, 2023 Regular City Council Meeting Regular City Council & CPA Meeting April 26, 2023 Page 6 23.078 B. Prior Authorization for Council Travel to Florida League of Cities Annual Conference — August 10-12, 2023 at the Hilton Orlando Bonnet Creek (Transmittal) 23.077 C. Fiscal Year 2022 CRA Annual Report in Accordance with F.S.163.371 Acceptance by City Council (Transmittal, See Pages 11-25 for Report) 23.058 D. Approve the Florida Department of Transportation's Request to Use the Council Chambers on May 25, 2023 for a Public Meeting for the SR-5/US I Resurfacing Project from Harrison Street to South of Davis Street (Transmittal) Council Member McPartlan asked to pull Item A. MOTION by Council Member McPartlan and SECOND by Mayor Jones to approve Consent Agenda Items B, C and D passed with a unanimous voice vote of 5-0. Item A Council Member McPartlan asked that the time frame of 130 days on page 36 be changed to 120 days to terminate the agreement with Waste Management. MOTION by Council Member McPartlan and SECOND by Mayor Jones to approve item A passed with a unanimous voice vote of 5-0. 11. COMMITTEE REPORTS & APPOINTMENTS 23.026 A. Plamdne and Zonine Commission (Transmittal- Annlications. List. Advertisement) i. Fill One Expired, Regular Member Position —New Term to Expire 4/l/26 Council Member McPartlan nominated Terry McGinn and Council Member Dodd nominated Rick Carter. Roll call: Council Member Dixon - Mr. Carter Council Member Dodd - Mr. Carter Council Member McPartlan - Mr. McGinn Mayor Jones - Mr. Carter Vice Mayor Nunn - Mr. Carter Rick Carter was appointed for another term on the Planning and Zoning Commission. 23.030 B. Centennial Task Force Progress Update Regular City Council & CPA Meeting April 26, 2023 Page 7 The Leisure Services Director described how the Task Force and community members were working on planning a year -long celebration to commemorate the City's birthday. (See PowerPoint attached) He noted that the Task Force is reaching out to the public for personal and corporate sponsorships and historical photos or stories to share on the website. Mayor Jones called for a break at 7:55 p.m. and upon return at 8:02 p.m., all members were present. 12. PUBLIC HEARINGS 23.048 A. Second Reading and Public Hearing of Ordinance No. 0-23-06- Granting an Exclusive Franchise Agreement for Residential and Commercial Solid Waste Collection to Waste Management. Inc. (Transmittal. 0-23-06. Agreement) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLD) WASTE COLLECTION TO WASTE MANAGEMENT, INC.; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-23-06. The City Manager clarified this ordinance was to provide for the exclusivity of the contract. Grace Reed said she sent a letter requesting clarity on some of the contract. (See attached) Martin Styger said he was opposed to going with the universal service. Vice Mayor Nunn called for a point of order. Mayor Jones noted the vote on universal service is already done. Vice Mayor Nunn explained it was a seven year contract with a two year extension to control the price for a period of time. Mayor Jones closed the public hearing at 8:10 p.m Vice Mayor Nunn stated all of Ms. Reed's concerns were addressed prior to the meeting. The City Manager said the verbiage indicating customers can request service was removed. Other comments were regarding franchise fees and were addressed by Council. Council Member Dodd said on page 8 of the agreement, it should indicate everyone will receive service, not just those that "request service." In section 8.6 the franchisee shall reserve the right to refuse service if the collection point is used by more than one subscriber or a non -subscriber has also been removed because there are no "subscribers." Regular City Council & CRA Meeting April 26, 2023 Page 8 MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to approve Ordinance No. 0-23-06 granting an exclusive franchise agreement to Waste Management, Inc. Council Member McPartlan said he would like to have City look into providing the trash service and asked if Waste Management was allowed to start collecting at 6:00 a.m. The City Manager said the challenge was to complete the route and get to the landfill before they close. Roll call: Council Member Dodd - aye Council Member McPartlan - nay Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 4-1 13. UNFINISHED BUSINESS 23.020 A. Discussion on Citv Attomev Recruitment (Transmittal. letters, budget) Lynelle Klein, Senior Vice President of Operations with Colin Baenziger & Associates (via Zoom) said she was in the process of setting up individual interviews and a panel interview with the three candidates for Friday, May 5th. She said she would also send the suggested procedure for the voting with a ballot prior to the meeting. Council Member McPartlan noted that the school board was in the process of hiring an attorney and for $11,000 a month, the school board will receive 90 hours of legal service but the firm couldn't charge more than $250,000 a year. The contract is scheduled to be amended to increase the yearly cap to $350,000 a year. Council Member Dodd called for a special meeting on May 5a' at 5 p.m. 14. NEW BUSINESS 23.018 A. Award the Financial Auditing Services RFP #23-03 to Can. Riggs & Ingram. LLC to Perform Auditing Services for the Citv of Sebastian and Authorize the Citv Manager to Execute the Aonrouriate Documents (Transmittal. Bid Tab. Resnonse. F.S.218.391) MOTION by Council Member Dodd and SECOND by Council Member McPartlan to award the financial auditing services to Can, Riggs, and Ingram, LLC and authorize the City Manager to executive the appropriate documents. There was no public input. Roll call: Council Member McPartlan - aye Mayor Jones - aye Regular City Council & CRA Meeting April 26, 2023 Page 9 Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 23.080 B. Award RFP #23-02 Golf Course Driving Range Netting and Aimort Netting to Golf Range Netting. Inc. to Replace Damaged Netting at the Sebastian Municipal Golf Course (Transmittal. Bid Tab. Responses) MOTION by Vice Mayor Nunn and SECOND by Mayor Jones to award the RFP#23-02 to Golf Course Driving Range Netting to replace the damaged netting. 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 23.009 C. Amend the Golf Course Budget for an Additional $45.000 from the Golf Course Cash Reserves for Repairs to the Golf Carts (Transmittal) The City Manager said 80 batteries have been replaced and to prevent coming back for additional monies as the batteries die, he requested an additional $45,000 to stay ahead of the repairs. Council Member McPartlan asked to look into the possibility of having gas carts when new carts are needed. There was no public input. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to amend the Golf Course Budget for an additional $45,000 from the Golf Course Cash Reserves. 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 23.030 D. Approve Stairs Reauest to Allocate $35.000 from the General Fund Reserves to Begin Preparing for the 2024 Centennial Celebration (Transmittal. R-22-02) The City Manager said this was to allocate funding to order some supplies for the celebrating. Regular City Council & CRA Meeting April 26, 2023 Page 10 MOTION by Council Member McPartlan and SECOND by Vice Mayor Nunn to raise the allocation to $50,000. There was no public input. 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 23.030 E. ADmove an Aereement with Indian River Media Grout) to Produce the Sebastian at 100 Souvenir Maeazine (Transmittal. Pronosal) The City Manager said the previous allocation will allow the Task Force to move forward with the souvenir magazine and requested approval. MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to award $20,300 to Indian River Magazine to produce the souvenir magazine. In response to Martin Styger, Vice Mayor Nunn said this money was coming from the budget but sponsorship advertisements will reimburse the cost of publishing 5,000 copies of the 48 page magazine. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 5-0 23.081 F. Discussion on Citv of Sebastian Emolovee Handbook (Transmittal. DCF Handbook Table of Contents) The City Manager advised that the Human Resources Manager is working on an employee handbook. Council Member McPartlan said he approved of the provided table of contents. Council Member Dodd said the County handbook is also very informative. The City Manager said he would like to have the employees provide input on the handbook. 23.082 G. Pr000sed 3-Story Home2 Suites Hotel Council Member Dodd said he thought Council should direct the City Manager to put together a position paper with staff outlining our major concerns and objectives to the Regular City Council & CRA Meeting April 26, 2023 Page I I project. For example, will the County share their tourism tax to maintain and enhance the boat ramp? The City Manager said staff is working on the letter that will incorporate many of the nuances that Mr. McGinn has researched. Council Member McPartlan said representatives from the City should attend the May 10" Technical Advisory Committee in person. Mr. McGinn said the County has already approved one of these hotels on State Road 60. Jamie Sol, Indian River Drive, said Council Member Dodd addressed all of her concerns and she loved that Council is getting involved. 15. CITY ATTORNEY MATTERS — None 16. CITY MANAGER MATTERS The City Manager said he has met with the new County Administrator, John Titkanich on several projects including providing water for the Graves Brothers property, the Spirit of Sebastian subdivision and the Home2 Suites Hotel. 17. CITY CLERK MATTERS The City Clerk thanked Council for supporting the Task Force's centennial efforts. 18. CITY COUNCIL MATTERS A. Council Member Dodd In response to Council Member Dodd's inquiry as to when the Charter Officer contracts would be ready, Mayor Jones said he had one more Charter Officer contract to review before bringing them to Council. B. Council Member McPartlan Council Member McPartlan asked if there were any 100 year old residents that might be honored during the centennial. In response to his inquiry regarding Surgery Plus benefit for employees, the City Manager said the Human Resources Manager had contacted the County to obtain information on the program. Council Member McPartlan said since COVID, suicides are off the charts and read some of the training that Martin County is offering for mental health and crisis intervention Regular City Council & CRA Meeting April 26, 2023 Page 12 training. He asked if the City could put on a summit for suicide prevention to talk about these issues and discuss them. Council Member Dixon suggested maybe at a family fest event to help the children. C. Mayor Jones - None D. Vice Mavor Nunn Vice Mayor said that today at the Affordable Housing Committee, he leamed of a family of four, making $70,000 a year was eligible for a Habitat for Humanity home. He invited the public to call the housing office at the County for help. E. Council Member Dixon Council Member Dixon said she recently met with the City Manager and Chief Acosta to bring back the RAD Kids Program that teaches kids how to protect themselves. She invited the public contact Officer Hart for more information. 19. Being no further business, Mayor Jones adjourned the Regular City Council meeting at 9:08 p.m. Approved at the May 24, 2023 Regular City Council meeting. Mayor Fred Jones ATTEST•- c anette il iams, City Clark Sebastian City Council Members, I am writing in regards to a safety concern that my neighbors and I have had for some years but worse now. I live on Easy Street across from the park. I have lived there for over 18 years and the speeding on this street gets worse every year. I have had my mailbox knocked down twice from cars. When I get my mail I watch for speeding cars because it can be a risk. I have sometimes hand motioned for a vehicle to slow down and they laugh or I have been given the hand gesture. Easy Street has only 1 stop sign from Lake Drive to Main Street. All of Easy Street is having the speeding car problem. The Easy Street Playground is used constantly by families with children who walk or ride their bikes to the park. Dog walking around the lake is for exercise and social time with other walkers. Crossing the streets for all of them is a risk due to the speeding cars. Pulling in or out of our driveways at times is scary. We have actually had cars pass us when going the speed limit! I had contacted the City Engineer, Karen Miller, in January 2023 about our concerns. She had 2 speed monitors put on the road in front of my house for about a week. A past study had been done in 2022 on Easy Street and it was compared to the one done recently in January of 2023. The most recent results showed higher speeds this year than last. With the short time of the monitors recording, it showed a speed increase. We the residents know that speeds are at times higher than the 39 mph that they recorded on the monitors. Her solutions were to have police presence, maybe additional signs and another study. I have not heard back from her when I emailed her on March 22, 2023. We are looking to the council to help us slow the traffic down so no one is hurt on Easy Street. JoAnne White 449 Easy St Sebastian Jeanette Williams From: Andrew W. Mai <andrewmai@fishbacklaw.com> Sent: Tuesday, April 25, 2023 3:02 PM To: Christopher Nunn; Paul Carlisle Cc: Jeanette Williams Subject: RE: Waste Management Agreement Attachments: FINAL WM franchise agreement Final PC REV 4-25-23.docx I have reviewed Ms. Reed's suggested changes and they are appreciated. I have modified the ordinance to change the date of adoption and sent to the Clerk. I have the following comments related to the other issues raised below: 2. On page 7 of the agreement (70 of packet), item 3.42 states that WM will deliver a 96 gallon can unless contacted by the customer. My 64 gallon is sufficient for my needs. But I have to contact them to leave it alone? Seems you should only need to contact them if you need to change. A: This was a negotiated term and would require a substantive change to the contract and Waste Management and the City would need to agree to it. 3. On page 8 of the agreement (page 71 of packet), item 8.2 collection will be one time per week for customers that have REQUESTED service. Very mis-leading. Gives the impression that you have a choice. We know that isn't the case. A: I have amended the attached agreement to remove the requested language. Although this change could be made, the contract is valid as it is with or without the change. It would require Waste Management and City approval. 4. On page 9 of agreement (page 72 of packet), item 8.6 discusses a collection point that may be used by a subscriber or NON subscriber. Again, there isn't an option. What non -subscriber would be using someone elses can? We will all be subscribers. A: A non subscriber could be anyone who isn't a City resident or a commercial entity. I recommend not changing this provision. 5. On page 10 of agreement (page 73 of packet), item 9.0 references the rate. It says the amount charged ($19.45) includes all collection costs, disposal costs, and all other fees and expenses. So why are we required to put up a franchise fee to account for some who refuse to pay their bill. A: This was a negotiated term of the contract, certainly someone closer to the situation could provide the reasoning. 6. On page 13 of agreement (page 76 of the packet), I have a question on the CPI increases. Are they entitled to another increase prior to October of 2024? A: This was a negotiated term of the contract, certainly someone could provide an analysis. 7. On page 15 of agreement (page 8-78 of the packet), it discusses the record keeping of the complaints. Are they just tracking phone and email complaints? I use the portal to log any concerns I may have. Will those be included in the log form? A: This was a negotiated term of the contract, certainly someone, possibly waste management, could explain the process. I have made the change to the ordinance and the Clerk now has the amended ordinance. I wouldn't recommend revising the agreement based upon the one point of clarification in item 3 as the contract is still valid with or without the clarification. However, should you wish to make this or any other change a new agreement would need to be executed by all the parties. Andrew --Original Message ----- From: cnunn@cityofsebastian.org <cnunn@cityofsebastien.org> Sent: Tuesday, April 25, 2023 1:59 PM To: pearlisle@cityofsebastian.org Cc: Andrew W. Mai <andrewmai@frshbacklaw.com> Subject: Fw: Waste Management Agreement CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Gentleman, Can these be addressed before the meeting please. Chris Chris Nunn Vice Mayor cnunn@cityofsebastian.org 772-321-6162 From: Grace Reed <grmreed@aol.com> Sent: Tuesday, April 25, 2023 1:34 PM To: council Cc: Grace Reed Subject: Waste Management Agreement CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY attachments or clicking on links. ESPECIALLY from unknown senders. Good afternoon, I was just looking over the updated agreement and have a few statements and/or questions. Hopefully these can be discussed or addressed during your discussion time on the item. 1. On page 2 of the ordinance the adopted date is still listed as March 22, 2023. Who is proofreading documents prior to sending to council? 2. On page 7 of the agreement (70 of packet), item 3.42 states that WM will deliver a 96 gallon can unless contacted by the customer. My 64 gallon is sufficient for my needs. But I have to contact them to leave it alone? Seems you should only need to contact them if you need to change. 3. On page 8 of the agreement (page 71 of packet), item 8.2 collection will be one time per week for customers that have REQUESTED service. Very mis-leading. Gives the impression that you have a choice. We know that isn't the case. 4. On page 9 of agreement (page 72 of packet), item 8.6 discusses a collection point that may be used by a subscriber or NON subscriber. Again, there isn't an option. What non -subscriber would be using someone elses can? We will all be subscribers. 5. On page 10 of agreement (page 73 of packet), item 9.0 references the rate. It says the amount charged ($19.45) includes all collection costs, disposal costs, and all other fees and expenses. So why are we required to put up a franchise fee to account for some who refuse to pay their bill. 6. On page 13 of agreement (page 76 of the packet), I have a question on the CPI increases. Are they entitled to another increase prior to October of 2024? 7. On page 15 of agreement (page 8-78 of the packet), it discusses the record keeping of the complaints. Are they just tracking phone and email complaints? I use the portal to log any concerns I may have. Will those be included in the log form? These items may seem somewhat picky for a few, but if reading a contract causes me to pause, there is a question to be asked for clarity. When updates are made there should be accuracy and clarity regarding dates and items no -longer applicable. Just reenforces my opinion this entire process was rushed and mis-handled. Sincerely, Grace Reed This email has been scanned for spam and viruses by Proofpoint Essentials. Click here<https://us5. proofpo i ntessentia ls.com/ind ex0l. ph p?mod_id=11&mod_option=logitem&ma i I_id=1682444053- FHPml_vWzoui&r_address=council%40cityofsebastian.org&report=l> to report this email as Spam.