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Home My WebLink About04112012 Minutes�� «a� ill�" �`� 1 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 11, 2012 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Hill called the Regular Meeting to order at 6:30 p.m. 2. A moment of silence was held. 3. Council Member McPartlan led the Pledge of Allegiance. 4. ROLL CALL Citv Council Present: Mayor Jim Hill Vice-Mayor pon Wright Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Bob McPartlan Staff Present: City Manager, AI Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Administrative Services Director, Deb Krueger Community Development Director, Joseph Griffin Senior Planner, Jan King Planner, Dorri Bosworth Police Chief, Michelle Morris Finance Director, Ken Killgore Public Works Director, Jerry Converse Stormwater Superintendent, Tim Walker MIS Senior Systems Analyst, Barbara Brooke-Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous voted of City Council Members Mayor Hill asked to pull item 12C Sebastian Marketing. There was no objection. Mr. Gillmor requested that item 14B Cavcorp be moved to unfinished business so folks can comment on it. The City Manager said it was an update, but is an important issue and will be back several more times but if someone wanted to address it he saw no reason not to move it. There was no objection. Regular City Council Meeting April 11, 2012 Page Two 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 12.037 A. 12.046 B. 12.047 12.048 12.049 C i� E Certificate of Appreciation - Emplovee of 1 St Quarter 2012 — Marc Millette — Stormwater Division — Public Works Mayor Hill read and presented a plaque to Marc Millette and congratulated him. Proclamation — Support Cancer Prevention Study — 3 at North County Relav for Life Event at SRHS on April 20-21, 2012 Mayor Hill read and presented the proclamation to Kristi Woodward, Team Development Volunteer Chair, American Cancer Society, Kathy Falzone, CPS-3 Promotions Volunteer, and Cindy Corbin, American Cancer Society. Proclamation —Earth Dav/Arbor Day — April 11, 2012 — Presented to Robin Graves, Chairperson of the Natural Resources Board Mayor Hill read and presented the proclamation to Robin Graves, Natural Resources Board. Proclamation — ABATE — Motorcycle Safetv Awareness Month — Mav 2012 — Presented to ABATE Members Mayor Hill read and presented the proclamation to the president and members of ABATE. Gehrinq Group — Emplovee Health Insurance Update Christian Bergstrom, Director of Analytical Services, Gehring Group, gave a power point presentation on the City's employee health insurance coverage. (see attached). Mr. Wright asked if the City would be looking at a 30-40% increase; and whether an HMO would be less. Mr. Bergstrom said unfortunately Indian River County is a non-admitted HMO county, and advised that at employees' request, they are going to look at an optional buy-up plan with richer benefits, lower deductibles. Mayor Hill said they will have some challenges ahead. 2 Regular City Council Meeting April 11, 2012 Page Three F. Brief Announcements ■ Mr. Wright announced the April 13 Concert in the Park (Riverview) with Southbound Train (Country) from 5:30 pm to 8 pm. ■ Mr. Gillmor announced the April 14 Sebastian River Art Club Art in the Park (Riverview) from10 am to 4 pm. ■ Mayor Hill announced the April 18 Law Enforcement Torch Run for Special Olympics down US 1 from the North County Limit to Arrive at Sebastian City Hall Friendship Park starting at10 am and asked people to come out and cheer them on. ■ Mayor Hill announced the April 20 & 21 Relay for Life Event at SRHS from 6 pm to 10 am. ■ Mayor Hill reported on a cross Florida relay with local participants including Indian River County MPO Director Phil Matson, and he read the rest of the names into the record (see attached) ■ Ms. Coy announced April 21 Earth Day/Arbor Day Festival in Riverview Park from 9 am to 1 pm ■ Ms. Coy announced the FPL Smart Meter presentation at City Hall on April 18 at 6 pm and requested that an item be added to the 4/25/12 agenda if needed ■ Mr. McPartlan announced April was child abuse prevention month and said children need strong advocates. He provided materials for the local Guardian Ad Litem program which is seeking volunteers, and requested that information be posted on Channel 25 and said he would leave brochures in City Hall. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a mem6er of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes — March 28, 2012 Regular Meeting 12.050 B. Authorize City Manager to Execute the Assignment of Agreement Originally Approved in 2008 Between ITT Corporation and City of Sebastian to Exelis, Inc., an ITT Subsidiary for ADS-B Radio Navigation Tower (Airport Director Transmittal, ITT Letter, Assignment of Agreement) 12.051 C. Authorize Mayor to Execute Agreement Between City of Sebastian and IRC Supervisor of Elections for November 2012 General Election (City Clerk Transmittal, Agreement) 12.052 D. Authorize Formal RFP Process to Solicit Proposals for Banking Services for Three Years, with Option for Two Additional Years (Finance Director Transmittal) 3 Regular City Council Meeting April 11, 2012 Page Four MOTION by Mr. Wright and SECOND by Mr. McPartlan to approve items A-D of the consent agenda. Result of Roll Call: Ayes: All Nays: None Passed 5-0 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. None. 9. PUBLIC HEARINGS 12.015 A. Second Reading and Public Hearinq Ordinance No. 0-12-02 — Police Pension Modification — Decrease in Benefit Multiplier for Members Hired On or After Certain Date (Administrative Services Transmittal, 0-12-02) AN ORDINANCE AMENDING CHAPTER 58, ARTICLE III OF THE CODE OF ORDINANCES FOR THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ENTITLED "POLICE OFFICERS' RETIREMENT SYSTEM"; IMPLEMENTING PROVISIONS OF THE 2011-2013 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION; PROVIDING A DECREASE IN THE BENEFIT MULTIPLIER FOR MEMBERS HIRED ON OR AFTER THE EFFECTIVE DATE; PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES INCONSISTENT HEREWITH. (1S� Reading 1/25/12, Legal Ad 3/28/12, PH 4/11/12) Mayor Hill opened the public hearing at 7:03 pm and the City Attorney read Ordinance No. 0-12-02 by title only. The City Manager said the changes affect only officers hired after October 1, 2011, had been approved by the Police Pension Board and the Florida Department of Management Services, Division of Retirement. MOTION by Ms. Coy and SECOND by Mr. Gillmor to adopt Ordinance No. 0-12-02. There was no public input. Prior to the vote, the City Attorney noted for the record, a minor change in the adoption clause and signature block to conform to Sebastian's traditional ordinance format. Ms. Coy and Mr. Gillmor amended the motion to include that revision. Mayor Hill closed the public hearing at 7:07 p.m. Result of Roll Call: Ayes: All Nays: None Passed 5-0 � � Regular City Council Meeting April 11, 2012 Page Five 12.034 B. Second Readinq and Public Hearinq Ordinance No. 0-12-03 - Land Use Map Amendment for Peacock Propertv (Community Development Transmittal, 0-12-03 Staff Report. P& Z Minutes, Application, Survev) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF RIVERFRONT MIXED USE (RMU) FOR LAND CONSISTING OF APPROXIMATELY 0.38 ACRES, LOCATED AT 1640 U.S. 1; PROVIDING FINDINGS; AUTHORIZING ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (1S` Reading, Legal Ad 3/27/12, PH 4/11 /12) Mayor Hill opened the public hearing at 7:07 p.m. and the City Attorney read Ordinance No. 0-12-03 by title only. Jan King said this is the property at the old fire station and the request is to change the land use to Riverfront Mixed Use. There was no public input. MOTION by Mr. Gillmor and SECOND by Mr. Wright to adopt Ordinance No. 0-12-03. Mayor Hill closed the public hearing at 7:08 p.m. Result of Roll Call: Ayes: All Nays: None Passed 5-0 QUASI-JUDICIAL HEARINGS 12.034 C. Second Reading and Public Hearinq Ordinance No. 0-12-04 - Zoninq Amendment for Peacock Propertv (Communitv Development Transmittal, 0-12-04, Application, Surve AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR LAND CONSISTING OF APPROXIMATELY 0.38 ACRES, LOCATED AT 1640 U.S.1; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (1S` Reading, Legal Ad 3/27/12, PH 4/11 /12) Mayor Hill opened the quasi-judicial public hearing at 7:09 p.m. and the City Attorney read Ordinance No. 0-12-04 by title only. Disclosure of Ex-Parte Communications There were no ex-parte communications to disclose. Swearinq In of All Who Will Offer Testimonv The City Clerk swore in all those who planned to offer testimony. Regular City Council Meeting April 11, 2012 Page Six Staff Presentation The Senior Planner said this is the old fire station property, and the request is to change from Public Service to Commercial Riverfront which is compatible with surrounding properties. A�plicant or Aqent Presentation Joe Schulke, Project Engineer, Schulke, Bittle and Stoddard, said this would be compatible with existing properties and is a formality. Council Questions None. Mavor Calls for Input from Anvone in Favor None. Mavor Calls for Input from Anvone Opposed None. Applicant Response None. Staff summarv The Senior Planner recommended approval. Citv Council deliberation None. Mavor calls for a motion MOTION by Mr. Gillmor and SECOND by Ms. Coy to adopt Ordinance No. 0-12-04. Citv Council Action Result of Roll Call: Ayes: All Nays: None Passed 5-0 12.034 D. Resolution No. R-12-09 — Vehicular Sales Exception for Peacock Property (Communitv Development Transmittal. R-12-09, Application, Site Plan and Elevations A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR VEHICULAR SALES AND RELATED SERVICES AS A PERMITTED USE IN THE COMMERCIAL RIVERFRONT DISTRICT AT 1640 U.S. 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. (Legal Ad 3/27/12, PH 4/11/12) Mayor Hill opened the quasi-judicial public hearing at 7:12 pm and the City Attorney read Resolution No. R-12-09 by title only. � Regular City Council Meeting April 11, 2012 Page Seven Disclosure of Ex-Parte Communications None. Swearing In of All Who Will Offer Testimonv The City Clerk swore in all those who were to provide testimony. Staff Presentation The Senior Planner said this is a special exception which is a use not allowed in the commercial riverfront district and staff has outlined findings and conditions in their staff report. Applicant or Aqent Presentation Joe Schulke, Project Engineer, Schulke, Bittle and Stoddard, said this was approved by the Planning and Zoning Commission; the exception will allow limited vehicle sales with 600 square feet inside where cars will be parked with memorabilia but no traditional vehicle sales. He noted this is on the perimeter of the riverfront district, and there are other auto maintenance shops on US 1 so it is not out of character. Council Questions Mayor Hill asked how many cars would be for sale and Mr. Schulke said maybe two or three. Mayor Hill said there was concern as to how many cars they can pack in. Mr. Wright said in reviewing the site plan, he was concerned with potential for moving cars to the north side of building but the plan calls for customer and employee parking in that lot only. He asked what the plans were for cars at night and Mr. Schulke said they could be left outside but he will probably bring them in. Mr. Wright said this might be an attractive nuisance if left outside. Mavor Calls for Input from Anyone in Favor None. Mavor Calls for Input from Anyone Opposed None. Applicant Response None. Staff summarv The Senior Planner said staff outlined its findings in the staff report and feels this meets requirements of the Code and recommended approval with the three conditions as recommended by the Planning and Zoning Commission. City Council deliberation None. 7 Regular City Council Meeting April 11, 2012 Page Eight Mavor calls for a motion Citv Council Action MOTION by Ms. Coy and SECOND by Mr. Gillmor to adopt Resolution No. R-12-09 with recommendations of staff. Result of Roll Call: Ayes: All Nays: None Passed 5-0 10. UNFINISHED BUSINESS 12.014 A. Four Chaplains Memorial — Approval of Expenditure for Walkwav — Concrete $4 680 and Brick Pavers $7 240 (City Manaaer Transmittal, Schematic) The City Manager said the construction of the walkway is to be done in two phases, and though it is within his spending authority, he brought it back to answer any questions Council may have. MOTION by Ms. Coy and SECOND by Mr. Wright to approve. In response to Ms. Coy, the City Manager said he is hoping for a formal opening ceremony on Memorial Day or at the latest on 4th of July with the whole revamped area. He said there will be a concrete sidewalk, the pavers will sit within the U shaped foundation, and as sold, they are pried out, engraved and put back in. He said one concern was color schemes and he would check to make sure the Veteran's group is okay with it and they found an engraver who would do each brick for $15. He said he hoped to have something back on the next month's agenda for establishment of the program. Result of Roll Call: Ayes: All Nays: None Passed 5-0 11.053/12.055 B. Cavcorp Proiect Update (Citv Manacter Transmittal) The City Manager said he brought this item forward because Council members had asked for updates and he had stipulated that he would bring design concepts in April, and 14 design concepts had been made available for Council review. He said the designs fall into two concepts, one maximizes parking but will considerably increase the budget with the need to raise the property to install a storm water infiltration system and the other concept is less parking but construction numbers and spaces go down with open pond retention. He said he will have a presentation before Council to get concepts, take public input and come back with final findings in July or August. Regular City Council Meeting April 11, 2012 Page Nine Public Comment Karen Lampiasi, President of the Craft Club, said they are privileged to use Riverview Park, but was here because they feel the plans exclude car parking for the people who most use the park. She said layout #6, 11, and 14 do not allow more than 10-12 public parking spaces, and urged Council to carefully consider a design that will benefit all of us. Mayor Hill said we are in the infant stages of this project, and there will be workshops to receive public input. Mr. Wright said the City Manager seemed to be looking for direction, and agreed it would be a mistake to restrict parking in that area, that one tree area is worthwhile, adequate parking for cars, boats, and trailers needs to be multiple use, so two cars can be in a boat trailer parking spot when it is not used for a trailer. He said he was not happy with any of the designs, has been sending notes on pervious surFace concepts to the City Manager, and asked if there is adjacent property on which to divert water. He said there is substantial limitation on parking in that area and almost wants to say just leave it alone. Mr. Gillmor said he had the same concerns as Mr. Wright, that as much as we want to see boat parking, the lot is used by lots of folks, the craft folks have a lot of booths, a lot of them are elderly and are not going to park two blocks away. He said there are 30 spots, when you look at the road east of Hess you can count how many cars come in from Coolidge on one hand so he would like to see design 4, retaining the car parking as it is closest to park, and it would maximize the boat traffic. Mr. Wright said he drew some designs with angled parking on both sides which would create tremendous spaces, putting the boat parking in the middle but he sees much of that area is being cut out. The City Manager said layout #14 provides 76 car spaces, and if they are primarily on the north side, the solution might be to just flip it, except that there are trees on the south side that people want to retain. He said they are not off track, and wouldn't say Infrastructure Engineers haven't delivered, they have 14 concepts, and it is important not to be disappointed yet but let the public know we are on track, and during the spring and summer, we will be publicly reviewing tradeoffs, reminding them that this was anticipated to be a year long project. Ms. Coy said she was not disappointed as there is a lot more time to talk about this. 11. PUBLIC INPUT None. Mayor Hill called recess at 7:41 p.m. and reconvened the meeting at 7:53 p.m. All members were present. � Regular City Council Meeting April 11, 2012 Page Ten 12. NEW BUSINESS 12.043 A. First Readinq of Ordinance No. 0-12-06 — Florida Model Ordinance — Fertilizer Friendlv Fertilizer Use — Set Public Hearinq for 5/9/12 (Citv Manaqer Transmittal, 0-12_06) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO ENVIRONMENTAL REGULATION; AMENDING THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, CHAPTER 50 "HEALTH AND SANITATION" BY PROVIDING FOR CREATION OF SECTION 50-5 "FLORIDA-FRIENDLY FERTILIZER USE"; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-12-06 by title only. The City manager said the model ordinance has been provided in Sebastian's ordinance format. MOTION by Mr. Wright and SECOND by Mr. McPartlan to pass Ordinance No. 0-12-06 on first reading and set public hearing for May 9, 2012. George Geiger, 566 Ponoka Street, read his long list of credentials in environmental agencies over many years, including the Environmental Learning Center, captain of a river boat, and service on many environmental boards, and said he has watched the decline of the Indian River Lagoon habitat since 1986, with sea grasses depleted from Vero Beach to Mosquito Lagoon in Brevard and algae blooms are prevalent and prevent sea grass recovery. He asked if anyone would have bought property if the lagoon was considered dead or endangered, said additives are killing the lagoon. He urged Council to ban phosphates and reduce nitrogen infiltration. Jim Egan, Marine Resources Council, presented a Power Point presentation (see attached). He said the average homeowner over fertilizes far more than commercial, cited the large algae blooms in the last few years and red tide which was unheard up until a few years ago. He provide "TMDL for Dissolved Oxygen in the South Prong of the Sebastian River — Indian River County" dated March 2008 (see attached). Kristen Beck, Pelican Island Preservation Society, said the algae blooms are affecting grass beds, where there were grasses is now muck, and grasses are crucial to spotted sea trout, snook and other species, and urged Council not to wait for a catastrophic event. She cited Tampa's fertilizer ordinance which has imposed fertilizer restrictions and grasses are coming back. Todd Josko, Florida Turf Grass Association, said everyone has the same goal to protect the water, but the controversy is the handful of other restriction that folks want. He urged Council to listen to the scientists, who have looked at and rejected each and every argument for further restrictions because they are not based on sound science. He said nutrients are important to the turF grass to hold water from running off. He provided information for Council review citing studies done by DEP, Department of Agriculture and University of Florida. He provided a packet of information for review by City Council which included FS, DEP, UFL and other agency document (see attached). 10 Regular City Council Meeting April 11, 2012 Page Eleven Ms. Coy asked to look at the DEP recommendation, and asked if the Dept. rejected the additional recommendations. Mr. Josko said a municipality wanting to submit a stricter ordinance would have to vet their ordinance but they did not support the additional restrictions. 8:17 pm 8:28 pm Tim Glover, President of Friends of the St. Sebastian River, said we don't need to reinvent the wheel, cited several other cities and counties that have passed stronger ordinances including Tampa Bay which has had positive results. He said ordinances such as this will help the smaller, broad issues with the impaired waterways and encouraged the use of blackout dates and no phosphorus. Matt Volk, TruGreen Manager, said they all have same goal to protect the water quality, and his company requires techs to use best management practices and was in favor of the model ordinance. Mr. Gillmor asked if the middle number on a fertilizer bag represents phosphorous and Mr. Volk said that was correct and the entire industry is moving in that direction. So Mr. Gillmor clarified it is best for homeowners to buy zero phosphorous fertilizer. Rodney Smith, Anglers for Conservation, Satellite Beach, Florida native, entrepreneur with landscaping business, charter captain, and had Coastal Angler Magazine for 15 years, said the habitat base line continues to drop. He said they are having a"Kids Hooked on Fishing" event at Sebastian's Earth Day and said their future is in jeopardy unless Florida takes better care of water. He urged Council to limit when and the way fertilizer is applied, and the reason UFL doesn't get behind this is because they are in the pocket of the fertilizer industry. He asked what the State will look like if we don't make right decisions today. Richard Baker, President of the Pelican Audubon Society, said the model is a misnomer, it started okay but got watered down, and asked if the previous speaker is not using the phosphorous why is he against the ordinance. He said the lagoon is dying, that SJRWMD has done maps showing the sea grasses are gone in this area, that there is economic value with a healthy lagoon, and read an article by a 12 year old Sebastian River Middle School student, Martha Grudens, who got involved in this issue and called her project "Mission Impossible: Lagoon Rescue" which won a prize at the science fair for it. He suggested she make a presentation to Council at the second reading of the ordinance. Dr. Baker said it was up to Council to have a nice lagoon for these kids. David Motto, Chair, Fisheries Campaign for MRC, said his goal was to bring back the fisheries levels to the 70's; the State model ordinance is not strong enough, it needs 0 phosphorus, noted the State of Florida provides phosphorus for the entire United States, 50% release nitrogen; runoff is a problem; urban turf fertilizer has been shown to produce 30% of the algae bloom. He refuted the previous speaker that they have heard the bad things before; noting Sarasota has had this in effect for five years; the grass is good; and the lawn care business is doing well. He said the largest sod farm in Sarasota voluntarily complied and will continue to follow the ordinance even if the state preempts Sarasota's 11 Regular City Council Meeting April 11, 2012 Page Twelve ordinance. He said the City has been a superstar of the lagoon's shoreline communities and looked at as a leader and he urged Council to keep that reputation. John Orcutt said he lived on the river for 30 years, requested protection of the economic investment they have made and strengthen the model ordinance. He said about a month ago DEP made a presentation and took the position that the lagoon is not impaired and in 2007, they took aerial photos where SJRWMD determined there are huge losses to the sea grasses. He said we should take control over our own destiny by taking control of the river and strengthening the model ordinance. John Current, Sebastian, said as a turf professional they do test the grass and apply only what is needed; urged Council to support the model ordinance. Graham Cox, 1213 George Street, said on Feb 6, 2009 Harbor Branch conducted a day- long symposium on the ecosystems in the lagoon and found it is in desperate shape from an overloading of nitrogen and phosphorus. He said he is conducting a survey which lists the health of the lagoon as a top concern. Mr. Wright asked which organization is judging the lagoon to be impaired and if it is, why other organizations aren't taking action. Jane Schnee, Sebastian, said approximately 30 years ago phosphate and detergent was considered poor for waterways and asked why people can't fertilize their yards without the phosphorus. Barry Balenbender, native, fisherman, said blaming fertilizer is the wrong way to go; he supports the model ordinance; there is no proof that quick release nitrogen applied properly leeches. Greg Fineker, Vero Beach, asked Council to adopt the model ordinance, the evidence is based on science; fertilizer is needed in the summer months; the model ordinance states the best management practices should be followed and people should do a tissue and soil test before putting out phosphorus. Council Mayor Hill said he hoped they didn't have an us vs. them going on; we have spent millions of dollars on projects to prevent runoff into the river; he is in favor of the model ordinance because it is looking at sound science; and by passing the model ordinance we will educate the public by utilizing channel 25 and the model ordinance is enforceable. Ms. Coy asked the City Manager about the impaired water body issue. The City Manager said he is not an industry expert, but he did find that DEP does state the lagoon is impaired, there is some study done that the grasses may be improving, and they will not make a determination on how to move forward until another comprehensive study is done in 3-5 years so we are required to operate in the level that it is impaired. 12 Regular City Council Meeting April 11, 2012 Page Thirteen Ms. Coy said she would like to think Sebastian would lead the way in ecology; this isn't about the turf guys vs. environmentalists; if we enact the strong ordinance we could get all the turf guys involved; we need to write a strong ordinance banning the phosphates and slow release nitrogen. 8:59 pm Mr. Wright said so far the arguments are much too general; at the end of day the model ordinance is better than nothing; and we should provide educational materials and continue to study the scientific information. Mr. McPartlan asked if DEP gave a reason as to why the sea grass was improving. The City Manager did not have that information. Mr. McPartlan said they should pass the model ordinance and if things got worse, they could look at other things. He cited the fertilizer is 30% of the problem and asked where the other 70% is coming from so it may need to be readdressed as they go forward. Mr. Gillmor said they are all concerned with the water quality, if they go too strict they have to come up with science; the model ordinance is defensible and a matter of education. The City Manager confirmed they would need to provide the science if they went stricter but he could not answer what would happen if it is challenged. Mr. Gillmor said he would like to see education slides on Channel 25. Mayor Hill concurred with the slides to use best management practices. Result of Roll Call: Ayes: Wright, Gillmor, McPartlan, Hill Nays: Coy Passed 4-1 12.053 B. Approve Sebastian Riverfront Fine Arts and Music Festival Aareement Throuqh Januarv 2018 (Citv Manaqer Transmittal. Agreement) 9:08 pm The City Manager said he provided the agreement for renewal with two modifications: a six year term to January 2018, and to close Yacht Club boat ramp. MOTION by Ms. Coy and SECOND by Mr. Wright to approve the Sebastian Riverfront Fine Arts and Music Festival agreement. Lisanne Robinson, CWR resident, displayed photos of the first and last art shows depicting the dramatic success of the event and asked for Council approval. Mr. Wright clarified that she didn't need the boat ramp closed on Friday; suggested closing the parking lot from trailers and erecting signage. Result of Roll Call: Ayes: All Nays: None Passed 5-0 13 Regular City Council Meeting April 11, 2012 Page Fourteen 12.054 C. Sebastian Marketinq —"Viewpoints with Terrv Bradshaw" (Citv Manaaer Transmittal, Show Information) 12.043 12.056 13 14. 15 16 This item was pulled from consideration. CITY ATTORNEY MATTERS The City Attorney distributed a City Charter pamphlet and said he would provide them in lobby of City Hall and at the Library. CITY MANAGER MATTERS A. FY '13 Budaet Update (Citv Manager Transmittal) The City Manager said he wanted to establish employee health care, roads, storm water, and equipment replacement as upcoming goals in the budget process. C. County Sewer Line Update (no backup) The City Manager said the County did shift some of their utility fee money to start a sewer connection which may be an economic development catalyst in the Davis Street area. He said the County will look to us to help with road costs as they start to plan this. He said there will be a FPL presentation on the smart meters on April 1 gtn He reported that County staff was directed to work with municipalities on an animal services proposal before going back to the Commission and Council may want to agendize the issue in the future as the cost could be almost 1% of our budget that we may need to pick up. CITY CLERK MATTERS - none. CITY COUNCIL MATTERS � f? Council Member Gillmor — none. Council Member McPartlan Mr. McPartlan commended staff for a very nice Easter Egg hunt last Saturday. C. Ma o�Hill Mayor Hill expressed gratitude for the City Manager's work at County Commission meetings during the last couple of weeks. D. Vice Mayor Wriqht — none. 14 Regular City Council Meeting April 11, 2012 Page Fifteen E. Council Member Cov Ms. Coy said the County wrote a letter to the Public Service Commission recommending they give Indian River County an opt out for the smart meters and she asked if a letter supporting the County's request should be placed on the next consent agenda and then if not needed Council could pull it. Mayor Hill said he already has a smart meter; he doesn't have a problem with doing a letter but he doesn't have any science that people should opt out of the meter. Mayor Hill suggested that after Wednesday's FPL presentation, if she still had concerns to ask the City Manager to put an item to request a letter on the next agenda. He suggested putting it under her matters. There was no objection to this suggestion. 17. Being no further business, Mayor Hill adjourned the Regular Meeting at 9:25 pm Approved at the Apri125, 2012 Regular City Council meeting. � a �� `\1 �n �_. i � �� % Sally A. Maio, MC — City Clerlc 15 Page 1 of 2 Jeanette Williams From: Sally Maio Sent: Thursday, April 12, 2012 9:38 AM To: Jeanette Williams Subject: FW: Cross-State Relay Race From: Phil Matson [mailto:pmatson@ircgov.com] Sent: Tuesday, April 10, 2012 9:31 AM To: Jim Hill Subject: Cross-State Relay Race Hey Jim: Here is the official Finishers page, website link, and standings for our Division...we finished second in the "Full Squad — Mixed" category (aka Coed Amateur). There were also Professional Running Club, Single Sex, Homeland Security/Military divisions, etc). Of 32 teams, we finished near the middle. Also attached is the roster. Bill Schutt (County Senior Economic Development Planner) is a Sebastian resident, there may be others. By the way, Bill is a former college varsity runner and recently won a number of statewide races. Give me a call if you have any questions and see you at the next meeting. Coastbusters Roster: Amy Brown, Co-Captain Teacher, Rosewood Magnet School Himanshu Mehta, Co-Captain Director, IRC Solid Waste Disposal District Nicole Perez America Heart Association, tRC Chapter Phil Matson Indian River MPO Bill Schutt Indian River County Mark Quintana Tim Street Erin Crews Michelle Stern 4/12/2012 Page 2 of 2 http://www.sunset2sunriserelay.com/ Phillip J. Matson MPO Staff Director 1801 27th Street Vero Beach, FL 32960 (772)226-1455 4/12/2012