HomeMy WebLinkAbout06-12-2024 CC MinutesSEBASTIAN
CENTENNIAL (ELINIATION
1910.1014
SEBASTIAN CITY COUNCIL
REGULAR MEETING
MINUTES
WEDNESDAY, JUNE 12, 2024 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Dodd called the Regular City Council meeting to order at 6:00 p.m.
2. A moment of silence was held.
3. Vice Mayor Dixon led the Pledge of Allegiance.
4. ROLL CALL
Mayor Ed Dodd
Vice Mayor Kelly Dixon
Council Member Fred Jones
Council Member Bob McPartlan
Council Member Chris Nunn
Staff Present:
City Manager Brian Benton
City Attorney Jennifer Cockcroft
City Clerk Jeanette Williams
Community Development Director Alix Bernard
Community Development Manager Dorri Bosworth
City Engineer/Public Works Director Karen Miller
Parks and Recreation Director Richard Blankenship
Public Works Director Lee Plourde
Contracts and Procurement Manager Jessica Graham
Communications and Social Media Coordinator Avery Joens
Human Resources Director Cindy Watson
Police Lt. Dino Savvidis
5. AGENDA MODIFICATIONS
There was no objection to Mayor Dodd's request to add a "Blue Value Solutions
Agreement" as New Business Item #12. A voice vote of 5-0 passed with unanimous
consent.
Regular City Council Meeting
June 12, 2024
Page 2
6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS
24.112 A. Certificate of Annreciation to John Danise — Parks and Recreation Advisory
Board Service
Mr. Danise was not in attendance. The City Clerk will mail the certificate to him.
24.113 B. Proclamation — National League of Cities - Small Cities Month — June 2024
Mayor Dodd read the proclamation and commented that local government is where
people have a larger role and "say" in what happens than they do at the federal or state
level. He asked the public to support the Florida League of Cities and the National
League of Cities.
24.105 C. Introduction of New Public Works Director Lee Plourde
The City Manager introduced Mr. Plourde who has a background in the federal prison
system with a wide array of skills and leadership. He announced that he will be in charge
of the Roads Division, the Stormwater Division, the sign shop and the fleet.
BriefAnnouncements:
Friday, June 28 — Chamber of Commerce Finally Friday on Cleveland Street - 5:30 —
8pm (Swamp Dawg)
Vice Mayor Dixon announced the last concert of the season for the Chamber's Finally
Friday series.
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Abbagael Sullivan suggested putting in a gable fan or turn style fan in the restrooms at
the parks and the golf course to move the air to prevent heat stroke.
Martin Styger, Sebastian, said Council recently mandated trash service without
communicating it with the residents. He said he is upset with his government today.
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A. Approval of Minutes — May 22, 2024 Regular City Council Meeting
24.114 B. Approve the Purchase of One (1) Wacker Neuson Trailer Mounted Centrifugal
Trash Pump at the Price of $17,475 as a Cooperative Purchase under Sourcewell
Contract #062320-CAT from Kelly Tractor Co. (Transmittal, Contract, Quote)
MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve
Consent Agenda Items #1 and #2.
Regular City Council Meeting
June 12, 2024
Page 3
Roll call: Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Motion carried. 5-0
9. COMMITTEE REPORTS & APPOINTMENTS
24.115 A. Police Pension Board of Trustees — Annoint One Civilian, Resident Trustee
(Transmittal. Anolication. List, Advertisement)
Mayor Dodd nominated Robert Allen to the position. Council concurred with the
appointment. Mr. Allen was appointed to the Police Pension Board of Trustees.
24.032 B. Natural Resources Board — Annoint One Alternate Member (Transmittal.
Annlication. List. Advertisement)
Mayor Dodd nominated Paul Dovell to the position. Council concurred with the
appointment. Mr. Dovell was appointed to the alternate member position.
24.116 C. Parks and Recreation Advisory Board — Annoint Two Regular Members. One
Alternate Member (Transmittal, Applications. List, Advertisement)
Mayor Dodd nominated JoAnne White for another term and requested that Richard
Mauro be moved up to the regular member position. He also nominated Daniel Abrahao
to fill the alternate member position. Council approved the nominations.
The City Clerk asked the Mayor to consider waiving the advertising rules and fill the seat
held by Robert Allen with the remaining applicant, Paul Halleran. MOTION by Mayor
Dodd and SECOND by Council Member Nunn to waive the rules and appoint Mr.
Halleran to the remaining vacant position.
Roll call: Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Motion carried. 5-0
10. PUBLIC HEARINGS - None
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24.117 A. Citv Council Consideration of a Pronosed Working Timeline for the StillDraeon
North America LLC (SDNA) Pronertv Redevelopment of 100 Veterans Memorial
Way (Transmittal. Timeline)
Regular City Council Meeting
June 12, 2024
Page 4
The City Manager said attached is a proposed working timeline that will fall under the
proposed agreement in order to advance the agreement. He noted that it is a more detailed
timeline than what was submitted in the original proposal. Mr. Lawrence Taylor,
StillDragon Founder/Manager, reported that they are ready to go.
MOTION by Council Member McPartlan and SECOND by Council Member Nunn to
approve the proposed working timeline.
Roll call: Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Council Member Jones - aye
Motion carried. 5-0
24.117 B. City Council Consideration of the Pronosed "As Is" Property Sale and Purchase
Agreement with StillDragon North America. LLC (SDNA) for the Property
Located at 100 Veterans Memorial Way and Authorize the Mayor and City
Manager to Execute All Annrooriate Documentation (Transmittal. Agreement)
The City Manager said this was the request to approve the sale of the property to
StillDragon North American, LLC for the purchase price of $1,000,050.00. He said once
it is approved staff would proceed with a closing within 60 days.
The City Manager said the proceeds would be designated for a "Future City
Enhancement Program" as determined by City Council.
MOTION by Council Member Nunn and SECOND by Council Member Jones to approve
the purchase agreement of the property located at 100 Veterans Memorial Way.
Roll call: Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Motion carried. 5-0
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24.039 A. City Council Discussion on the Waste Management Franchise Fee for Fiscal
Years 2025-2030 (Transmittal. Fund Balances)
The City Manager requested direction with the budget process in setting up the solid
waste fund to pay the contractor with regards to the franchise fee to determine how much
money will be needed to cover the general fund which is anticipated to become a deficit.
Regular City Council Meeting
June 12,2024
Page 5
He said the information in the agenda backup does include a 6% franchise fee with a
negative ending fund balance of $53,073 for FY2024/2025 which would be needed to be
put into the general fund to transfer into the solid waste fund. He asked for direction.
In response to Council Member Jones, he said if the franchise fee was 3%, an additional
$90,000 would be needed for a total of $143,000.
The City Manager explained the current rate is $19.45 per household, per month with a
3% franchise fee of 580 (totaling $20.03). Anticipating a 3% CPI rate adjustment in
October 2024, the amount will increase to $20.60 and a 6% CPI rate adjustment will
increase the monthly rate to $21.63.
Council Member Jones said the money will have to come from somewhere; it is a
Kobayashi Maru.
Council Member Nunn noted that if the franchise fee is assigned to the Waste
Management bill, everyone will be paying the same amount and if it is assigned to the tax
bill it depends on how much taxes the homeowner pays.
Discussion followed on paying the $53,000 deficit out of the Reserve Fund.
Grace Reed, Sebastian, said when the CPI increases, Waste Management can ask for a
3% increase and asked if that would be coming. Mayor Dodd noted that tonight they are
to determine how to pay the cost in front of them. The City Manager clarified that the
contract states the City shall provide the CPI up to 3% on October I' per the contract if
requested by Waste Management.
Martin Styger asked if Waste Management can raise their rate at any time.
MOTION by Mayor Dodd and SECOND by Council Member Nunn to increase the
franchise fee to 6% as of October 1, 2024.
Roll call: Mayor Dodd - aye
Vice Mayor Dixon - aye
Council Member Jones - nay
Council Member McPartlan - nay
Council Member Nunn - aye
Motion carried. 3-2
6:51pm
24.118 B. City Council ADnroval of Resolution R-24-29 Approving a Piggvback Agreement
of the School Board of Brevard Countv. Florida's Existing Contract Under #RFP
24-172-P-HD for General Contractor Services of Minor Proiects Under $300.000
with Four of the Awarded Contractors, and Further Authorize Issuance of a
Purchase Order to Doug Wilson Enterprises. Inc. for the Communitv
Development Office Remodel Proiect (Transmittal. R-24-29. Agreement)
Regular City Council Meeting
June 12, 2024
Page 6
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVEING A
PIGGYACK CONTRACT WITH 8-KOI, INC. DOUG WILSON ENTERPRISES, INC.,
HEARD CONSTRUCITON, INC., AND OVATION CONSTRUCTION COMPANY,
LLC FOR GENERAL CONTRACTOR SERVICES FOR MINOR PROJECTS UNDER
$300,000 AND IN SUBSTANTIAL CONFORMITY WITH THE AGREEMENT
ATTACHED HERETO AND MADE A PART HER OF AS "EXHIBIT A';
ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Manager said staff was requesting to piggyback the agreement of four Brevard
County School Board contractors and issue a purchase order to Doug Wilson Enterprises,
Inc for the Community Development office remodeling. The City Attorney read the title
to Resolution No. R-24-29.
The Community Development Director said the needed funds are designated to be
allocated from the current vacant position in the department.
MOTION by Vice Mayor Dixon and SECOND by Council Member Jones to approve
Resolution No. R-24-29.
Roll call: Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Motion carried. 5-0
MOTION by Mayor Dodd and SECOND by Council Member Nunn to approve the
project to remodel the Community Development Office in the amount of $107,377.
Roll call: Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Motion carried. 5-0
24.119 C. Selection of Power Exterminators. Inc. dba POWERX for Rebid ITB 24-10
Citvwide Pest Control Services (Rebid) (Transmittal. Intent to Award. Bid Tab)
The Procurement Manager said this new contractor is providing services to the City of
Palm Bay and Brevard County with no issues and asked for approval.
MOTION by Council Member McPartlan and SECOND by Council Member Jones to
approve citywide pest control services with POWERX. There was no public input.
Regular City Council Meeting
June 12,2024
Page 7
Roll call: Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Council Member Jones - aye
Motion carried. 5-0
24.120 D. Discussion Regardine the Special Event Ordinance (Section 74) and For -Profit
Snecial Events (Transmittal. Current Park Use Application)
7:OOpm
The City Manager said staff has provided a list of the approve special events for 2023-to-
2024-time frame; noting most are City sponsored events for non-profit or city operated
except for one entity. He asked Council if they would like to continue to have for profit
events at the park and if they do, would they like to consider fee adjustments.
Louise Kautenburg, Sebastian, said she was opposed to allowing an individual business
to operate their business out of the City's park.
Council Member Nunn said he wasn't against people at an event selling things but was
opposed to an organization renting the entire park and then they make money. He would
like to see the park used for community sponsored events.
MOTION by Council Member Jones and SECOND by Council Member Nunn that they
only allow City sponsored events or non -profits to have events at the park.
The City Manager said before a final determination was made, he was looking for a
consensus of what they would like the City Attorney to look into as far as for -profit or
non-profit events.
Mayor Dodd noted that Barb Snow would just have to convert her business to a non-
profit then she would qualify to hold her events in the park. He said if the City doesn't
participate in the event, maybe they shouldn't be in the park or he suggested two levels of
city -sponsorship.
Vice Mayor Dixon suggested a classification such as cultural events. Mayor Dodd
suggested a parks and rec sponsored event.
The City Attorney advised not to discriminate based on content and when they consider
profit, non-profit and commercial activities they should be careful of interstate commerce
or free speech and things of that nature.
Mayor Dodd said if they couldn't find a way to differentiate it, he would be in favor of an
extremely high fee for those types of activities.
Council Member Jones and Council Member Nunn WITHDREW their motion to allow
the City Manager and City Attorney to look into the matter further.
Regular City Council Meeting
June 12, 2024
Page 8
Added E. B1ueValue Solutions Agreement
7:17pm
The City Manager advised that an employee Benefits Committee was established to be
more transparent with the benefits process and based on that Florida Blue has invited the
City to participate in the B1ueValue Solutions Program to provide an opportunity to
reduce the renewal rates for employee health insurance in fiscal year 2026.
Council Member McPartlan said it was similar to a wellness program which is beneficial
and could be used as a morale booster.
MOTION by Mayor Dodd and SECOND by Vice Mayor Dixon to approve the
B1ueValue Solutions Agreement with authorization given to the City Manager to execute
the same.
Roll call: Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Motion carried. 5-0
13. CITY ATTORNEY MATTERS
The City Attorney said the federal court did issue an order granting a statewide injunction
allowing local officials to file Form 1 instead of Form 6 for their annual Financial
Disclosure requirement.
She said she is aware of a couple of legal conflicts that have come up and asked if they
would like to see the items on the next agenda in seeking outside counsel for those
matters; as well as she would like back up counsel for herself when she is absent, or
would they just prefer to give her verbal consent to proceed with outside/backup counsel.
It was the consensus of Council to have them come back as an agenda items.
14. CITY MANAGER MATTERS
The City Manager advised that the paving contractor will be in town next week for the
Fiscal Year 2022 and 2023 road repaving work.
He said that he has put together a chronological discussion of the City's Septic to Sewer
efforts to include:
- chronological discussion provided back to 2016
- Indian River County's 2017 Septic to Sewer Evaluation with
their top 30 priority sites (Sebastian was mentioned numerous
times)
Regular City Council Meeting
June 12, 2024
Page 9
- City of Sebastian 2022 CRA Conversion Plan was completed.
He discussed with the County the conversion requirements for
the County infrastructure within the CRA
- He has a list of projects of the County's top 30 projects that
have been completed or in the works that does not include
anything in Sebastian
- The County is in the process of choosing a consultant for their
Utilities plan
- He has provided a map created by the City's GIS Technician
that shows who is currently connected to sewer within the City
For the CRA infrastructure, he said the County is considering to do a lot of the work in-
house; potentially utilizing their American Rescue Plan Act funding; or assessing the
residents/businesses. He did advise the County that they are planning sewer
improvements on Louisiana Avenue and Davis Street where the City plans to repave this
summer and he has asked that those two roads be a priority so he can have the contractor
go in after County.
Mayor Dodd said there is an 80-85% chance that the County is going to bill the property
owners in the CRA district for their infrastructure. It is the responsibility of City Council
to plan for the mitigation of the 8,000± septic tanks within the City. He said we can't
leave that up to the County utility who has made no plans since 1994 when they agreed
they had the obligation to do the conversions. Mayor Dodd said HB1379 is a direct
signal that the state isn't going to put up with messing around with this anymore. In 2023
the state moved the responsibility of inspecting septic tanks to the Florida Department of
Environmental Protection and they are in the process of setting up their rules. They will
have the opportunity to inspect and condemn those tanks that need to be condemned and
then the property owners will have to connect to sewer within one year.
He said HB1379 established a July 1, 2030 deadline so to have 8,000 tanks switched out
by then, it would take every plumber in the state of Florida. He said he was comfortable
that deadline will be replaced with a planning date deadline. He said it is the City's
responsibility to have this done, not the County's utility.
Mayor Dodd also said there is an effort to expand the urban service boundary which will
open a large plat of land south and west, as well as in the middle of the County to be
developed. When the developer comes in and is willing to pay for the utility that is
where the effort needs to go.
He continued to say the cost to mitigate to new hybrid tanks is $20,000-25,000 per house.
Step systems could be put in after the lines are put in by the County.
He said given all of this, it is the City's responsibility to do something and asked for
consensus to establish a project for City Manager and City Attorney to provide the
options we have, what the potential costs of the options are such as doing it on our own
or build a treatment plant; and what type of legislative grant options are out there.
Regular City Council Meeting
June 12, 2024
Page 10
He also would like the City Attorney to look at our options under our current interlocal
agreement. The City Attorney requested to seek outside counsel.
Vice Mayor Dixon and Council Member Nunn agreed with Mayor Dodd.
Council Member McPartlan suggested that the City Manager present the options first,
then seek the legal opinion. Mayor Dodd said he is suggesting a plan with cost estimates
first. He said they should be in a position within 12 months to decide how the City
should finance this and either "do it" or "not do it." He noted they should protect the
citizens because DEP could come in and condemn 2,000 tanks, then what will the
residents do? He stressed that he is not being negative towards the County but their
interests are their interests and he would like to look out for Sebastian.
15. CITY CLERK MATTERS - None
16. CITY COUNCIL MATTERS
A. Council Member Nunn - None
B. Vice Mayor Dixon - None
C. Mayor Dodd thanked the department heads for sitting through the meeting.
For the gentleman that was upset earlier with the Waste Management decision, he
wanted him to know that they don't make decisions lightly.
D. Council Member McPartlan said at the Metropolitan Planning Organization
meeting earlier in the day, the plan to improve the Sebastian Inlet Bridge was
discussed. A public meeting on the project will held on July 17 at 6:00 p.m. at the
Sebastian Community Center.
E. Council Member Jones - None
17. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at
7:58 p.m.
Approved at the July 10, 2024 Regular City Council meeting.
Mayor Ed Dodd
ATTEST.
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JMnette Williams, City Clerk