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HomeMy WebLinkAbout06-14-2023 CC Minutes2. 3. a 5. ona SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JUNE 14, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Jones called the Regular City Council meeting to order at 6:00 p.m. Reverend Alexis Talbott of the Sebastian United Methodist Church gave the invocation. Vice Mayor Nunn led the Pledge of Allegiance. ROLL CALL Mayor Fred Jones Vice Mayor Chris Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan Staff Present: Interim City Manager Brian Benton Interim City Attorney Andrew Mai City Clerk Jeanette Williams Community Development Manager Dom Bosworth City Engineer/Public Works Director Karen Miller Administrative Services Director/CFO Ken Killgore Procurement/Contracts Manager Don Wixon Human Resources Director Cindy Watson Airport Manager Jeff Sabo Police Lt. Constantine Savvidis AGENDA MODIFICATIONS There were no objections to the Interim City Manager's request to add I IA - Resolution No. R-23-11 — Approving a Collective Bargaining Agreement between the City of Sebastian and the International Union of Police Associations, AFL-CIO (IUPA) Local 6054 and Local 6056 and 12D — the emergency repair of four balconies on the south side of the City Hall building. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS - None Regular City Council Meeting June 14, 2023 Page 2 7. PUBLIC INPUT Karen Hiltz, Sebastian, said she was trying to understand why the City is involved in trash collection from a private contractor and asked what was next. Is the city going to dictate what pool and lawn service to use? She asked Council to reconsider the Waste Management contract and restore the public's right to choose. Terry Hughes, Heardon Street, asked Council to consider repairing the sidewalk on Schumann Drive between Englar and Pelican Island Place. He left pictures and a letter from a local pastor indicating the disrepair of the street. Annette Macking, Ellingsen Street, said she lives next to a hoarder and asked for the process to have a hoarder clean up their property. Mayor Jones asked her to give her contact information to the City Manager. Toni Ray distributed packets to each member on the dais and said she was putting them on notice that they are breaking their oath of office. She was escorted from the chamber by the Sergeant -at -Arms. Peter Highlandman said he was unhappy about the mandatory trash service that he must pay for whether he uses the service or not. He asked Council to reconsider. Mark Dietrich, Sebastian, said he thought it was unfair that everyone would be subsidizing everyone else that is getting their trash picked up. He said it should have been brought to the people. Wayne McRae asked whose idea was it to have a private company take money out of his checking account without his permission. He said he would like to see this decision on the ballot. Karen Jordan, Sebastian, said while the City did some things to alert the residents of the Waste Management increase but it wasn't enough time. She asked what else the residents need to know about. She said she is willing to pay double so those that don't use the service won't have to pay. Louise Kautenburg said she has lived in Sebastian for 28 years and thanked Council for doing a good job. She said she has never lived anywhere where the trash was free. John Baglio said the issue with the trash is whether Council has the authority to choose that service for the residents and should the residents have the choice whether they want the service. 6. 28 pm 8. CONSENT AGENDA A. Approval of Minutes — April 26, 2023 Projects Workshop B. Approval of Minutes — May 10, 2023 Regular City Council Meeting Regular City Council Meeting June 14, 2023 Page 3 C. Approval of Minutes — May 17, 2023 Interim City Manager Special Meeting D. Approval of Minutes — May 24, 2023 Regular City Council Meeting E. Resolution R-23-14 — Subdivision Final Plat - Spirit of Sebastian PUD Pod 2 (Transmittal, R-23-14, Plat, Location Map, Cost Estimate, Letter, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SPIRIT OF SEBASTIAN PUD — POD 2; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. F. Approve the Exempt Employees Benefit Package (Transmittal, Package) G. Approve the City Attorney Employment Agreement with Jennifer Cockcroft (Transmittal, Agreements) H. Approve a Three (3) Year Agreement between the City of Sebastian and the Indian River County School Board for Two (2) School Resources Officers, One (1) at Sebastian Elementary, and One (1) at Pelican Island Elementary with the Option of Renewing for Three (3) Additional Years Beginning (Transmittal, Agreement) I. Approve the Extension and Amendment #1 of the Ceres Environmental Services, Inc., Contract for Debris Removal and Disposal Services through July 8, 2024 (Transmittal, Exhibits) J. Approve the Extension and Amendment #2 of the Timothy Rose Contracting, Inc. Contract for Debris Removal and Disposal Services through July 8, 2024 (Transmittal, Exhibits) K. Approve Amendment #4 to the Neel -Schaffer, Inc., Disaster Debris Monitoring Contract to Comply with all of the Latest State and Federal Regulations (Transmittal, Exhibits) L. Approve Alcoholic Beverages for the Sebastian Fitness Christmas Party at the Community Center on Saturday, December 9 h, 2023 from 7:00 p.m. to 11:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) Council Member Dodd asked to pull Item G; and Vice Mayor Nunn asked to pull Item E. MOTION by Council Member McPartlan and SECOND by Vice Mayor Nunn to approve consent agenda items A, B, C, D, F, H, I, J, K and L. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Regular City Council Meeting June 14, 2023 Page 4 Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 Item E - Resolution R-23-14 — Subdivision Final Plat - Spirit of Sebastian PUD Pod 2 Vice Mayor Nunn said he would like the public to hear what is going on with the Spirit of Sebastian project and asked the applicant to give a little summary. Robert Votaw, said this was an application for a final plat of the first phase of pod two; the construction has been completed for over 90%; they has been friendly with the neighbors during construction and they would like to begin conveying lots. Council Member Dodd noted the community is consistent with the County's vision by including an agrihood and it will be a nice addition to the City. MOTION by Council Member McPartlan and SECOND by Vice Mayor Nunn to approve Resolution No. R-23-14 the final plat for Spirit of Sebastian PUD Pod 2. 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 Item G - Citv Attorney Employment Agreement Council Member Dodd said item 10 (there will be a vehicle given) on page 65 and item 12 (there will be an allowance) on page 66 are contradictory. He suggested removing item 10. The Interim City Attorney said item 10 was intended for long trips. Council Member Dodd asked if it would be appropriate to reimburse the attorney outside of the 75 miles to pay for the mileage. The Interim City Attorney said they give her the option (to receive the mileage or use a City vehicle) but the intent is that the $350 is for less than 75 miles of travel. MOTION by Council Member Dodd and SECOND by Mayor Jones to approve the City Attorney Employment Agreement. Jennifer Cockcroft said she was concerned that if the options were removed she has a two-seater coop and wouldn't be able to take anyone with her for City purposes. There was no public comment. Regular City Council Meeting June 14, 2023 Page 5 Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - nay Motion carried. 4-1 9. COMMITTEE REPORTS & APPOINTMENTS Council Member McPartlan said at the last Council Commission meeting they discussed raising the tourist tax to raise funds for beach restoration which should be noted that wouldn't be coming from residents but visitors. He said the Veterans Council meeting went very well. Council Member Dodd said the Metropolitan Planning Organization is moving forward with their 5 and 10 year plans. One of the big discussions was the safety of children walking to school in Vero Beach so they should plan to address Schumann Drive for the safety of the Pelican Island Elementary students. A. Parks and Recreation Advisory Committee (Transmittal, Applications, List, Advertisement) i. Fill Two Regular Member Positions — New Terms to Expire May 31, 2026 MOTION by Council Member Dodd and SECOND to elevate Vicki Drumheller to the regular member position and reappoint JoAnn Webster to her regular member position. Roll call: Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 ii. Fill One Alternate Member Position — New Tenn to Expire May 31, 2026 MOTION by Council Member Dodd to waive the advertising requirement for the vacant alternate member position and he nominated Robert Allen. The motion was SECONDED by Vice Mayor Nunn. Robert Allen introduced himself, letting Council know that he and his wife have moved back to Sebastian with their new daughter and he looked forward to being part of the community. Regular City Council Meeting June 14, 2023 Page 6 B. Planning and Zoning Commission i. Fill One Regular Member Position — New Term to Exuire Mav 1, 2026 Vice Mayor Nunn nominated Christopher Roberts. Council Member Dodd nominated Sherrie Matthews. She was invited to speak since she was not listed as a candidate on the transmittal. Sherrie Matthews said she was asked and decided to stay as an alternate to continue to learn, but was honored to be considered a regular member. There were no other nominations. Roll call: Vice Mayor Nunn - Sherrie Matthews Council Member Dixon - Sherrie Matthews Council Member Dodd - Sherrie Matthews Council Member McPartlan - Sherrie Matthews Mayor Jones - Sherrie Matthews Ms. Matthews was appointed to the regular member position. MOTION by Council Member Dodd and SECOND by Council Member Dixon to waive the advertising requirements for the now vacant alternate member position and he nominated Christopher Roberts. 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 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS Added A. Resolution No. R-23-11— App_ roving a Collective Bargaining Agreement to be Effective October 1. 2022 to September 30, 2025 between the Citv of Sebastian and the International Union of Police Associations, AFL-CIO (IUPA) Local 6054 and Local 6056 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING A THREE YEAR CONTRACT FOR ALL FULL- TIME AND PART-TIME GENERAL EMPLOYEES AND SUPERVISORS (EXCLUDING TEMPORARY AND SEASONAL EMPLOYEES) HOURLY EMPLOYEES BETWEEN THE INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO (IUPA) LOCAL 6054 AND LOCAL 6056 AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2022 THROUGH Regular City Council Meeting June 14, 2023 Page 7 SEPTEMBER 30, 2025; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY' S RATIFICATION AND CAUSE SAID THREE YEAR CONTRACT TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER' S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to approve Resolution No. R-23-11. 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 12. NEW BUSINESS A. Resolution No. R-23-10 — Florida Department of Transportation Public Transportation Grant Agreement — Runway 05-23 Rehabilitation (Transmittal, Agreement, R-23-10) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING THE REHABILITATION COST OF FM451510-1-94-01 "RUNWAY 05-23 ASPHALT REHABILITATION WITH LIGHTING IMPROVEMENT" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER' S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The Interim City Attorney read the title to Resolution No. R-23-10. The Airport Manager stated the resolution which would be accepting the FDOT portion of the grant for the property and the larger portion would be submitted to the FAA. Vice Mayor Nunn explained this total project is $3,170,910 but the FAA is covering 90% of the project with the remainder coming from the state and local discretionary sales tax which is really good. In response to Council Member McPartlan's question regarding if the City is receiving the fair market value for the airport properties, the Airport Manager said the City should be up to date based on the last master plan. Some of the individual leases will be individually appraised to make sure the City is receiving the fair market value. MOTION by Council Member McPartlan and SECOND by Vice Mayor Nunn to approve Resolution No. R-23-10. There was no public input. Regular City Council Meeting June 14, 2023 Page 8 Roll call: Motion carried Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye . 5-0 B. Resolution No. R-23-13 — Florida Department of Transportation Public Transportation Grant Ajzreement — Hanizar "D" Office Spaces Build Out (Transmittal. R-23-13. Ajzreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING OF GRANT NUMBER FM449620-1-94-01 "HANGAR "D" OFFICE BUILD OUT" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-23-13. The Airport Manager explained that after a lengthy process, staff feels the building is in our hands and we are ready to select tenants to occupy the building. MOTION by Council Member McPartlan and SECOND by Vice Mayor Nunn to approve Resolution No. R-23-13. There was no public input. 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 C. Florida League of Cities 97th Annual Conference Items (Transmittal, Information, Schedule) Council Member Dixon was nominated to represent Sebastian at the conference. Council Member Dodd noted she might get to vote for the new president of the league. MOTION by Vice Mayor Nunn and SECOND by Mayor Jones to move the August 91" Council meeting to August 8`h. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Regular City Council Meeting June 14, 2023 Page 9 Mayor Jones - aye Motion carried. 5-0 Added D. Waive the Biddiniz Rea_uirements to Rep_ air Four Balconies on the South Side of Citv Hall The Interim City Manager said the balcony on the south side of City Hall has fallen and staff has identified three other hazard areas. He requested the bidding process be waived to remove the hazards. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to move forward on this. Council Member McPartlan said he remembered that over a decade ago, the City Hall building and Police Department had a roof leak and he asked if this was possibly covered by insurance. The Interim City Attorney responded that he discussed that with the manager but that was due to improvements that happened over 15 years ago and if there is any potential for coverage he would bring it back to Council. 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 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS - None 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. School Zone Speed Limits (Transmittal, Chapter Law 2023-174) Vice Mayor Nunn stated the state has authorized the enforcement of speed limits by camera within school zone and noted it is not an instant ticket; it comes in the mail later. He asked Council if they would be interested in putting cameras in school zones. Mayor Jones said he was in support of enforcing the speed limit in school zones but not with cameras; a greater deterrent would be the enforcement action. The Interim City Manager said he spoke to the Police Chief who met with a representative from a firm that handles the cameras. The firm would provide the cameras Regular City Council Meeting June 14, 2023 Page 10 and resources for 40% of the City's $60 fee so roughly $24.00 per ticket would go to the firm. Vice Mayor Nunn asked if the volunteers that sit in front of the school on CR512 were charting the speeders. The Interim City Manager responded that was hard to measure because if someone does see a police car, they slow down. Council Member Dodd said he wasn't in favor of cameras at all. The only greater deterrent to slowing someone down is having the blue lights turned on. Mayor Jones said if they need to protect the children a police officer could be assigned to sit there. Council Member McPartlan said he would like to see more information on this item. The City only sees about three dollars per ticket right now and if someone contests the ticket, the City loses money. He would like to review further information because it is successful in other communities and it might be another tool in the tool box. B. Mayor Jones — None C. Vice Mayor Nunn — None D. Council Member Dixon — None E. Council Member Dodd Council Member Dodd said there is so much misconception about this trash situation and asked people to think about it from a different perspective. The City is taking on the responsibility to do trash collection and have chosen to subcontract that to Waste Management. That contract can be terminated in a very short time if the City feels it's in our advantage to do that. Council has the right to make that decision because it is a public safety issue and frankly he asked why don't go to subscription for street repairs. If you aren't a subscription payer, the City won't fix your street. He said back in college, he took a class regarding "social overhead capital" which are services that governments should do and getting rid of solid waste is a social overhead capital issue because trash shouldn't be allowed to build up around one's house. . He said economically over 65% of the residents are active subscribers. Those who are delinquent are just currently delinquent; they might not have been constantly delinquent. If they go to referendum, it will be a majority vote to go with universal system. The City has only raised their cost five dollars a month, if they stayed with subscription it would have been $30 a month for 70% of the residents. Regular City Council Meeting June 14, 2023 Page 11 As a City, they are responsible to make decisions for all residents. This Council made their best decision given the facts for this decision and they had everyright to make that decision. He said the City Manager has some good ideas on how to get more information out on this. Council Member Dodd concluded his matters stating the Schumann sidewalk is an important safety issue; as well as Fleming Street coming onto Main Street. F. Council Member McPartlan Council Member McPartlan said seniors are struggling and there is a program through AARP that gives people 55 years and older the ability to work 18 hours a week at $10.00 an hour that might help with their income. He suggested the City might want to hire some of these older workers. He also asked Council to consider being a second chance employer to allow those that made a wrong decision to re-enter the workforce by working on the stormwater crew or at the Public Works Compound. He said in return for a job with benefits, the City would receive loyalty from these individuals. He concluded his matters talking about the book provided to them by the Clerk's office with all of the buildable, open lots in the City. He suggested having the lots available to City employees through the Habitat for Humanity program, then Sebastian residents and then Indian River County residents. There could be a stipulation that if they sell the home, the family would pay the City back for the lot. 17. Being no further business, Mayor Jones adjourned the Regular City Council Meeting at 7:24 p.m. Approved at the June 28, 2023 Regular City Council Meeting Mayor Fred Jones ATTEST: y & J ette Williams, City Clerk Kea Sebastian Christian Church CHRISTIAN CHURCH k_ E-Mail: office@sebastian.church To The Sebastian City Council, 190 Day Drive Sebastian, Florida 32958 Phone: (772) 388-0410 Web: v w.sebastian.church My name is Todd Thomas. For the past 13 years I have been the pastor at Sebastian Christian Church. We are located next door to Pelican Island Elementary school. Recently one of our members shared with me their concern to the deteriorating sidewalks in front of the school Et church and on down Schuman Drive as far down as the corner of Englar. Our concern is for the children who walk to school each day as well as other residents who walk Et bike regularly in the area. Our fear is of something accidental happening to them. I am writing to recommend that the city look at the sidewalks and see if something can be done to fix them for the sake of those who use it daily. We live in a beautiful community, and repairing these sidewalks will help in keeping our community beautiful and safe for all our residents. Thank you for your time and attention to this matter. May God bless each of you. Sin erely, 'Todd Thom s Pastor