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HomeMy WebLinkAbout05232012 Agenda SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MAY 23, 2012 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FL OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE – Led by Council Member Coy 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous voted of City Council Members 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. pg 4 A. Certificate of Appreciation to Kevin Scott for Parks and Recreation Advisory Committee Service Brief Announcements 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 member 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. pgs 5-15 A. Approval of Minutes – 5/9/12 Regular Meeting pgs 16-19 B. Approval of Craft Club Annual Show and Rain Dates and Approval of 50% Fee for Use of Riverview Park – 10/6/12, 11/10/12, 12/1/12 & 12/2/12, 1/5/13, 2/2/13, 3/2/13, 4/6/13, and 5/14/13 (raindates next day except for December) (Parks Transmittal, Permit Application, List of Dates Requested) pgs 20-21 C. Amend FY 2013 Budget Calendar (Administrative Services Transmittal, Revised Calendar) 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. 1 of 51 9. PUBLIC HEARING - None 10. UNFINISHED BUSINESS 11. PUBLIC INPUT 12. NEW BUSINESS pgs 22-24 A. FY 12 Street Paving Update (City Manager Transmittal, Pavement Maps) pgs 25-46 B. Resolution No. R-12-15 - FY 2011/2012 - 2nd Quarter Budget Amendment (Administrative Services Transmittal, R-12-15, Comparison Actual to Budget, Capital Project Status Reports, Schedule of Investments, Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012 AS PROVIDED FOR IN EXHIBIT “A”; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 47-51 C. Florida League of Cities Annual Conference Matters (City Clerk Transmittal, FLC Memo, Delegation Form, Resolution Procedures, Schedule) i. Designate Member of Council - Voting Delegate FLC Annual Conference ii. Consider Any Resolutions (Commemorative, Constitutional, or Federal Issues) Council Wants to Submit to FLC to Be Received By FLC No Later than July 18th 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Coy i. Request to Act as Liaison to NRB - Fertilizer Education Issues B. Council Member Gillmor C. Council Member McPartlan D. Mayor Hill E. Vice Mayor Wright 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority vote of City Council) All City Council meetings are aired live on COS Comcast Channel 25 and streamed live on the City website www.cityofsebastian.org Hearing assistance headphones are available in the Council Chambers for all government meetings. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY’S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming Meetings: June 13, 2012 – 6:30 pm June 27, 2012 – 6:30 pm July 11, 2012 – 6:30 pm July 25, 2012 – 6:30 pm 2 of 51 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-12-01 Regular City Council Meetings Public input is ALLOWED under the headings:  Consent Agenda  Public Hearings  Unfinished Business  New Business  Public Input Public input is NOT ALLOWED under the headings:  Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards);  Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments);  City Council Matters  Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual’s time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas “Public Input” provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 3 of 51 4 of 51 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 9, 2012 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the regular meeting to order at 6:30 p.m. 2. A moment of silence was held. 3. The Pledge of Allegiance was led by Vice Mayor Wright. 4. ROLL CALL City Council Present: Mayor Jim Hill Vice-Mayor Don Wright Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Bob McPartlan Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Administrative Services Director, Debra Krueger Building Director, Wayne Eseltine Community Development Director, Joseph Griffin Finance Director, Ken Killgore Police Chief, Michelle Morris MIS Senior Systems Analyst, Barbara Brooke-Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous voted of City Council Members None. 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. 12.061 A. Proclamation – Safe Boating Week – May 19-25, 2012 – Accepted by Flotilla 56 Commander Frans Eyberse, US Coast Guard Auxiliary Mayor Hill read the proclamation and presented it to Commander Eyberse and members of the Auxiliary who announced classes are available in the old Council Chambers. 5 of 51 2 Regular City Council Meeting May 9, 2012 Page Two 12.062 B. Proclamation – Civility Month – May, 2012 – Accepted by City Attorney, Robert A. Ginsburg Mayor Hill read the proclamation and presented it to City Attorney, Robert Ginsburg. 12.063 C. Proclamation – Building Safety Month – May, 2012 – Accepted by Building Director, Wayne Eseltine Mayor Hill read a proclamation from Governor Scott and presented it to Building Official, Wayne Eseltine. 12.064 D. Proclamation – Teacher Appreciation Week – May 7-11, 2012 – Accepted by Principal Todd Racine, Sebastian River Middle School Mayor Hill read the proclamation and presented it to Pelican Island Elementary School Teacher, Mrs. O’Shay. 12.065 E. Proclamation – National Police Officers Memorial Day – May 15th, 2012 & National Police Week May 13-19, 2012 – Accepted by Chief, Michelle Morris Mayor Hill read the proclamation and presented it to Police Chief Michelle Morris. F. Presentation by St. Johns River Water Management District – Land Assessment Robert Christensen, St. Johns River Water Management District gave a Power Point presentation (see attached) on the agency’s district land assessment project which will determine the need to retain SJRWMD lands, a process that began in December 2011 and will end December 2012. He said there will be public meetings in late June in Palm Bay or Vero Beach and more information could be attained at www.floridawaters.com. Mr. Gillmor asked what types of land and if lands are set aside for recreation. Mr. Christensen responded that the properties are levees, forests, wetlands, and virtually all are open to public for recreation and there is an on-line guide as to how they can be accessed. Ms. Coy said the City Stormwater Park is a beautiful example and that we are managing that parcel for SJRWMD. She asked if they were examining that parcel and Mr. Christensen replied that is called project land and is one of the first screened out, and that where they have partners they are particularly sensitive. He said people will have two opportunities to watch over what they are doing and protect their interests. G. Brief Announcements i. Mr. Gillmor announced the Sebastian River Art Club Show in Riverview Park on May 12th from 10 am to 4 pm. ii. Mayor Hill announced the US Postal Carriers Food Drive on May 12th. iii. Mayor Hill announced City Hall will be closed for a furlough day on May 18th. iv. Mayor Hill announced the Concert in Riverview Park on May 18th from 5:30 pm to 8 pm with the Bobby Owens Band. 6 of 51 3 Regular City Council Meeting May 9, 2012 Page Three Ms. Coy asked, in conjunction with the May 12th food drive, for anyone who has a box truck to volunteer to deliver food to the distribution sites and people can call her at 388- 0961. Ms. Coy announced that IRSC is open for the summer session, and people can go to irsc.edu for further information. 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 member 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 – 4/11/12 Joint Workshop B. Approval of Minutes – 4/25/12 Regular Meeting 12.067 C. Approve Closing of Indian River Drive from Harrison Street North to Jackson Street on September 29, 2012 from 6:00 a.m. to 9:00 a.m. for Sebastian Charter Junior High School 5K Run Fundraiser (Parks Transmittal, Application) 12.068 D. Approve Closing of Indian River Drive from Harrison Street North to Jackson Street on November 10, 2012 from 6:45 a.m. to 9:30 a.m. for Sebastian River Middle School IB Program 5K Run Fundraiser (Parks Transmittal, Letter, Application) 12.069 E. Prior Authorization for Any Member of City Council to Attend Florida League of Cities Annual Conference at Westin Diplomat, Hollywood, FL – August 23-25, 2012 (City Clerk Transmittal) 12.003 F. Prior Authorization for Any Member of City Council to Attend Advanced Institute for Elected Municipal Officials in Cocoa Beach, FL – October 26-27, 2012 (City Clerk Transmittal) 12.070 G. Police Department Forfeitures (Police Chief Transmittal, Invoices, Memo, Letters) 12.071 H. Resolution No. R-12-13 - Assignment of Sebastian Municipal Airport Lease - V- Raptor Aircraft, LLC to Rud Arrow, Inc. (Airport Director Transmittal, R-12-13, Correspondence, Consent, Lease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AUTHORIZING THE ASSIGNMENT OF LEASEHOLD INTEREST BETWEEN V-RAPTOR AIRCRAFT, LLC AND RUD AERO, INC; PROVIDING FOR THE REPEAL OF ANY RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve the consent agenda. Result of the roll call vote: AYES: All NAYS: None Passed 5-0 7 of 51 4 Regular City Council Meeting May 9, 2012 Page Four 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. 12.072 A. Natural Resources Board (City Clerk Transmittal, Applications, Ad, List) i. Interview, Unless Waived, and Appoint One Unexpired, Regular Member Position – Term to Expire July 1, 2014 City Council briefly interviewed Alternate Member Alan Northcott, Gerald Deredita and Patricia Casselberry, who gave their background and experience in environmental issues. Ms. Coy and Mc Partlan nominated Mr. Alan Northcott as the regular member. There were no other nominations, therefore he was appointed. Ms. Coy nominated Patricia Casselberry for Mr. Northcott’s vacated alternate position and since there were no other nominations, she was appointed. pgs 79-91 B. Parks and Recreation Advisory Committee (City Clerk Transmittal, Applications, Ad, List) i. Interview, Unless Waived, and Appoint Two Expired, Regular Member Positions – Terms to Expire May 31, 2015 ii. Interview, Unless Waived, and Appoint One Expired Alternate Member Position – Term to Expire May 31, 2015 iii. Interview, Unless Waived, and Appoint One Unexpired Alternate Member Position – Term to Expire May 31, 2014 City Council briefly interviewed current members Matthew Sims and Joann Webster and new applicant Stephen Lucier. Current member Ms. White was not in attendance, Mr. Wright nominated Matthew Sims and Joann White to the regular member positions, and Joann Webster (to 2015) and Stephen Lucier (to 2014) to the alternate positions. Mayors’ Meeting Report Mr. Wright reported on the Mayors’ Meeting on May 7th, said there were good comments, his presentation included an Economic Development Presentation made in Martin County by Economist Bill Fruth, noted Florida has moved up from fifth to second best in the country in which to do business based on initiatives by Governor Scott. He said he had suggested they look at benchmarking information going back four or five years in regard to critical areas such as unemployment, number of jobs available, etc. He said Orchid Mayor Dunlop asked for an agenda item to up the animal control issue and asked the other municipalities to join with his community to reach a consensus and send a joint letter to the County stating we feel it is the County’s responsibility and shouldn’t be passed onto municipalities. He requested this be placed on the next agenda for action by Council. Mayor Hill asked if the letter itself would be on the next agenda and Mr. Wright clarified that it would be for direction. 8 of 51 5 Regular City Council Meeting May 9, 2012 Page Five 9. PUBLIC HEARING pgs 92-98 A. Ordinance No. O-12-06 – Florida Model Ordinance – Fertilizer Best Management Practices (City Manager Transmittal, O-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. (1st Reading 4/11/12, Legal Ad 4/25/12) The City Attorney read the title of Ordinance No. O-12-06 and Mayor Hill opened the public hearing at 7:09 p.m. The City Manager said this is the same ordinance that was bought before Council with one correction to a scrivener’s error to include the definition of “fertilizer” which was inadvertently left out during first reading. MOTION by Mayor Hill and SECOND by Mr. Wright to adopt Ordinance No. O-12-06 as amended by the City Manager. The following members of the public supported strengthening the ordinance with additional regulations beyond what is provided in the model ordinance to further regulate use of phosphorous and use of nitrogen only after testing, prohibit fertilizing during rainy summer months, expressed concern for degradation of the Indian River Lagoon and its effect on marine life, the environment and the local economy, suggested looking at stronger ordinances from other communities, and conducting a workshop to bring in someone with scientific expertise.  Brian Carmen, Board of Directors of Marine Resources Council - suggested contacting John Paxton from Sarasota County)  Russell Herrmann, Indian River Neighborhood Association - read an IRNA position statement into the record (see attached)  Kristen Beck, Pelican Island Preservation Society, and outdoor recreation business owner (invited members to come out with her to see the diminishing seagrasses)  Tom Bauer, Roseland – former river guide  Tim Glover, Friends of the St. Sebastian River  George Geiger, Sebastian – cited his email to Council (see attached)  Susan Keiffer, Florida Master Naturalist – invited members to visit Environmental Learning Center and speak to Heather Stapleton  Darryl ?, Sebastian  Dr. Richard Baker, President, Pelican Island Audubon Society, submitted a page from the Florida best management practices handbook with three asterisks (see attached) and asked that they be included in the ordinance.  Jane Schnee, Sebastian  Jim Gallagher, Sebastian – said 36 agencies in Florida have adopted stronger ordinances  Judy Evans Gallagher, Sebastian 9 of 51 6 Regular City Council Meeting May 9, 2012 Page Six The following members of the public supported adoption of the ordinance based on the Florida best management practices model ordinance and suggested other sources of pollution such as septic tanks, agriculture, growth in population and increased boaters may have also have an effect on the lagoon:  Todd Josko, Florida Turfgrass Association.  Pete Schneider, Executive Director, Turfgrass Association, in response to questions from Ms. Coy and Mr. Gillmor said they do not promote use of phosphorous at all or nitrogen unless soil studies support it and did not support use of slow release nitrogen because it takes too long to degrade and is applied at rates above Florida friendly guidelines.  Craig Wyatt, Moorings Golf Course, and Florida Master Naturalist  Craig Domingas, St. Lucie County, Scotts Lawn Service, State BMP Instructor  John Kern  Steve Marini, Tru Green, BMP certified  Barry Bellvedere Mayor Hill called recess at 8:10 p.m. and when the meeting was reconvened at 8:24 p.m., all members were present. Mayor Hill was concerned with the perception that there are two sides, that there is not a person on Council who wants to see the degradation of the river. Ms. Coy agreed, but said if you listen there are two differences of opinion and there is room to compromise that won’t hurt or offend anyone. She cited the credentials and experience of the people who spoke of their concerns and said most in favor are from businesses. She noted the Turfgrass Association states they do not use phosphorous and she had the same asterisks marked as Dr. Baker, and said it appears we are all on the same page, cited the Martin County ordinance and the pending Brevard County ordinance, and asked to add those three items to the ordinance to help us get the box stores to stop selling those products and educate the public. Mr. Gillmor read that there is already language in the ordinance prohibiting fertilizing when heavy rain occurrences are anticipated. Mayor Hill said everything stated is already covered in the ordinance by reference to Best Management Practices and the Florida Administrative Code rules. He suggested when we educate the public we include the list provided on Channel 25 slides. Mr. Gillmor said he did not see the harm in putting language in that would make it clearer, noting phosphorus has been known to be a problem for many years. MOTION to amend the main motion by Mr. Gillmor to require phosphorus application only after soil testing and Ms. Coy seconded it requesting that he add “quick release”. Mr. Wright said this clarification was not necessary and read the section of the ordinance and said we are picking at words to satisfy the audience, and if you look those things they are already referenced. 10 of 51 7 Regular City Council Meeting May 9, 2012 Page Seven Result of roll call on the amendment: Ayes: Coy, Gillmor Nays: McPartlan, Hill, Wright Amendment on the Main Motion Failed. Mr. Wright said he was concerned with degradation of water and urged we not pass this and forget about it. He said he would like to see follow-up by experts to know what is causing the pollution in the Indian River and go after the top polluters. He cited his experience in New Jersey where 35 years were spent replacing bad sewers and finally the waters have been cleaned up. He said if we just talk about fertilizer we might be missing other sources and was afraid the majority will be from agriculture which is typically excluded from regulation. Mr. McPartlan said we are the citizens’ caretakers, and the first important step we can take is to pass this ordinance, educate our children, bring them to the ELC and recycle. He said he spent the day of service with his children picking up thousands of cigarette butts in the park and there are no smoking rules there. He said the problem is people and said we need to encourage young people like those who won a science project to work toward protecting the lagoon, and that education is on each of them to encourage people not to use companies who use phosphorous, and suggested people start a petition to submit to fertilizer companies. Ms. Coy said the FAC rule deals with requirements for fertilizer labels, doesn’t tell you don’t put it on there, so to say our ordinance covers these three issues is not clear. Mayor Hill read from the ordinance and said these items could be posted on a slide. Ms. Coy asked why not just put it in the ordinance, because if not, no one will understand. Result of the roll call vote: AYES: Wright, Gillmor, McPartlan, Hill NAYS: Coy Passed 4-1 8:52 pm 10. UNFINISHED BUSINESS 12.055 A. Cavcorp Improvement Update (City Manager Transmittal, Layouts, Cost Analyses) The City Manager introduced Frank Hickson, Infrastructure Engineers, Inc., who gave a Power Point presentation on the project and the highlighted comments he has received from members of Council (see attached). He sought direction from City Council to approve the conceptual plan as is or provide new direction, and then we can move into final design and have the public involved. 9:11 pm Mr. Gillmor commended the City Manager and Mr. Hickson for the process followed and allowing input before getting to the final design. He suggested allowing for flexibility to allow cars in the boat parking area shown on the Sebastian Boulevard side during art and craft shows and other events in Riverview Park. 11 of 51 8 Regular City Council Meeting May 9, 2012 Page Eight The City Manager responded that since these events occur in the winter months primarily when there is less boating, we could mark that area out for events, and boaters will probably lean more to the north and east side to be closer to the ramp. Ms. Coy asked what would prevent cars from parking in boat spots, and the response was that boat spots are reserved for boat trailer parking much the same as Main Street, and Mayor Hill said the simple solution is to mark those as car parking only during events. Ms. Coy said there needs to be a balance and she was not sure we need to provide boat trailer parking for everybody. Mayor Hill said when you mingle car with boat parking it is a disaster, and said pervious surface that has to be vacuumed out is a disaster, because it crumbles. He suggested impervious surface and corral water to retention ponds. Ms. Coy asked if we considered a sod environment delineated with cement lines, and the City Manager said that was never considered, though turf block was considered and we would still need concrete for handicapped spaces. Mr. Hickson said turf blocks become tripping hazards. Ms. Coy said we have a lot that is perfect, and she never thought we were going to put this much pavement down. Mr. Wright commented on layout 11-1 stating with angled parking you would not have to be remove the sidewalk, asked if layout 11-1 is pervious or impervious and Mr. Hickson said with angled we are okay either way. In response to Mr. Wright, Mr. Hickson said all throughways will accommodate two-way traffic, that a T line on the conceptual is a utility easement. Mr. Wright said on the Sebastian Boulevard side, he was hoping that the boat trailer parking could have an access road running east and west to make them through spots and accessible by either side for car parking when needed. Discussion then turned to angled rather than perpendicular parking on the east and west sides of Indian River Drive to create more car parking, and Mr. Hickson said the swale on the west side is needed to treat runoff. Mr. Wright said we have a design in place to pipe the swale north of that area along Indian River Drive and suggested we could do that here. Mr. Hickson said there is no final design on the drainage and the City Manager said runoff in that area will be treated by a baffle box and they will have to look into whether that could be done here. In response to Mr. Wright, the City Manager said we had used a retention pond on the Main Street project not a baffle box. In response to Mr. McPartlan, Mr. Hickson said the asphalt is designed to last 20 years with proper maintenance and with pervious it depends on a maintenance plan. The City Manager said he will provide them with maintenance costs for both. 12.035 B. Authorize Project Budget Increase from $75,000 to $100,000 for Dog Park Restroom (Public Works Transmittal, Budget Modification, Impact Fee Summary) MOTION by Ms. Coy and SECOND by Mr. Wright to approve. The City Manager said the Parks and Recreation Committee didn’t want to cut the restroom out after receiving significant public input, and we will need $25K for the project. Jim Sunnycalb, Sebastian, said he was the one to bring up the restroom and walking trail, the park has grown and is a big asset to Sebastian. 12 of 51 9 Regular City Council Meeting May 9, 2012 Page Nine Mr. Sunnycalb said there about 300 cars a week in response to Mr. Wright, who commented that could be the City’s most regularly used park. Louise Kautenburg, Sebastian, concerned this is a cost that has grown from $25K and suggested that a park that is used for a longer duration of time such as the complex where children play ball all year long could use the restroom. Mr. Wright said the committee looked carefully, and did not think this precludes us from putting facilities in other parks, and adding to the budget, considering the use, made sense to him. Mr. McPartlan asked how long the restroom will last and are people going to take dogs into the restroom with them when they use it or will there be a hitching post. The City Manager said it will last quite a while and had no answer on the dogs. Result of the roll call vote: AYES: All NAYS: None Passed 5-0 MOTION by Mr. Wright and SECOND by Mayor Hill to continue the meeting until no later than 10:30 p.m. passed with a voice vote of 5-0. 11. PUBLIC INPUT Bruce Zingman, Sebastian, thanked everyone who participated in the the day of service, including Mayor Hill and Council Member McPartlan, Friends of St. Sebastian River, Natural Resources Board, Roseland residents, Boys and Girls Club, Womens’ Club, KIRB, Walmart and Dunkin Donuts. He said volunteers are needed to sort donated food at the Stamp Out Hunger Drive at the Sebastian Post Office on May 12th. 12. NEW BUSINESS 12.044 A. Resolution No. R-12-12 - Bank Note Bond Closing (Finance Director Transmittal, R-12-12, Analysis) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ACCEPTING A PROPOSAL OF TD BANK, N.A. AND APPROVING THE FORM OF A LOAN AGREEMENT WITH TD BANK, N.A.; AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE PURSUANT TO SUCH LOAN AGREEMENT IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,296,000 TO REFINANCE PRIOR INDEBTEDNESS OF THE CITY AND TO FINANCE COSTS OF THE ACQUISTION, CONSTRUCTION AND EQUIPPING OF CERTAIN TRANSPORTATION RELATED CAPITAL IMPROVEMENTS WITHIN THE CITY; AUTHORIZING THE REPAYMENT OF SUCH NOTE FROM PROCEEDS OF THE SIX CENTS LOCAL OPTION GAS TAX; DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND THE CITY CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. 10:00 am The City Attorney read the title to Resolution R-12-12. The City Manager said by making the financial transaction, this City will be reducing the annual interest rate from approximately 4% to 1.99% and extending the debt term for one year. The City Manager said this action will provide approximately an additional $175K in new debt proceeds, which can be used for street paving this year and reduce the annual LOGT debt payment by approximately $21,000 per year. The City Manager also reported that the lower debt payment will help offset the loss in LOGT revenue that started in FY 12. 13 of 51 10 Regular City Council Meeting May 9, 2012 Page Ten Finally, the City Manager relayed that he anticipated providing, at the next Council meeting, a staff recommendation on street surfacing improvements to be financed with the new debt proceeds. MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve Resolution No. R-12-12. Result of the roll call vote: AYES: All NAYS: None Passed 5-0 12.074 B. Award Annual Sod Contract to Ag Scape Services Based on Bid Prices Submitted – Low Bidder and Local (Public Works Transmittal, Bid Tabulation) The City Manager said that the annual sod contract has expired and recommended approval of the new contract with Ag Scape Services. MOTION by Ms. Coy and SECOND by Gillmor to approve the contract. Result of the roll call vote: AYES: All NAYS: None Passed 5-0. 12.059 C. Resolution No. R-12-14 – Smart Meters (Council Transmittal, R-12-14) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT OF THE RIGHT OF CITIZENS IN SEBASTIAN, FLORIDA TO OPT OUT OF FLORIDA POWER & LIGHT’S SMART METER PROGRAM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-12-14. The City Manager said Mr. Gillmor requested this item to be on the agenda. Mr. Gillmor said he looked at the County’s resolution, saw it was unanimously approved, noted it gave them no jurisdiction but liked the way it was worded so he wanted folks to have a chance to talk about it; that he did not specifically request a resolution, and would suggest instead we send a letter. Mr. Wright said he got a correspondence from Amy Brunjes, FPL, who suggested a letter be sent to the FPL president and request a response within 30 days, they are going to try to comply with people’s requests, and he would rather not have resolution on something that we have no control over. Mr. Gillmor said he would support a motion to send a letter to the Public Service Commission asking them to support the County resolution. Mr. Wright said either FPL or PSC. The City Manager suggested sending it to FPL and copying the same letter to PSC. Ms. Coy said that makes sense since we have no authority. It was the consensus of Council to send the letter. Amy Brunjes, FPL, recommended sending the letter to the FPL President for a response, that the FL PSC has said they will formalize a process to take public input and provide full stakeholder participation and this may take it out of the hand of local bodies. 14 of 51 11 Regular City Council Meeting May 9, 2012 Page Eleven The following individuals expressed strong concerns about smart meters, the need to opt out and request for a resolution:  Phyllis Frye, Vero Beach – said this violates State and Federal laws and gives government control over us with ability to ration our use  Stephanie Austin – said she wants full public hearings, other states are offering lifetime opt-out and distributed a paper from Wave-Guide.org (see attached) and said this is a change of America as we know it and is unconstitutional  Mary Ingui – urged sending a powerful letter calling for hearings, said this is another type of pollution, asked if someone would knowingly put something in their home that would harm them and coupled with wi-fi and cell phone this is a future health hazard and they are a surveillance device, and cited the website www.thepowerfilm.com  Robert Ciccio, said he was able to opt out by calling the customer service hotline, said FPL was sneaky in the way they installed the meters, and read from a letter from Congressman Posey (see attached).  Susan Keiffer, Florida Master Naturalist and herbologist, said smart meters have a thousand times more radiation than cell phones, affect many bodily functions, in California cost three times as much and give power to a global power matrix which can shut power off with one flick of a switch. Amy Brunjes, FPL, responded that FPL was ordered in 2009 by PSC to install smart meters and said Congressman Posey sent a retraction to the letter cited by a citizen and she would provide it to Council (see attached). She left a large binder of studies conducted for each member of Council (copy available in Clerks office). At 10:30 pm, Mayor Hill adjourned the Regular Meeting and the remaining items were not addressed. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Vice Mayor Wright B. Council Member Coy C. Council Member Gillmor D. Council Member McPartlan E. Mayor Hill Approved at the May 23rd, 2012 Regular City Council meeting. ____________________________ Jim Hill, Mayor ATTEST: _____________________________ Sally A. Maio, MMC – City Clerk 15 of 51 16 of 51 17 of 51 18 of 51 19 of 51 20 of 51 21 of 51 22 of 51 23 of 51 24 of 51 25 of 51 26 of 51 27 of 51 28 of 51 29 of 51 30 of 51 31 of 51 32 of 51 33 of 51 34 of 51 35 of 51 36 of 51 37 of 51 38 of 51 39 of 51 40 of 51 41 of 51 42 of 51 43 of 51 44 of 51 45 of 51 46 of 51 47 of 51 48 of 51 49 of 51 50 of 51 51 of 51