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Home My WebLink About08222012 Agenda9 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 22, 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. INVOCATION – Pastor Tim Woodard, United Church of Christ 3. PLEDGE OF ALLEGIANCE – Led by Council Member Gillmor 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 6 A. Proclamation – Recognizing Sergeant First Class Hamilton McWhorter for his Military Career and Retirement from the US Army on August 10, 2012 pg 7 B. Proclamation – Literacy Day – September 7, 2012 – Accepted by Fran Adams, Superintendent, Indian River County School District pg 8 C. Proclamation – National Recovery Month – September 2012 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 9-17 A. Approval of Minutes – 7/25/12 Regular Meeting pgs 18-19 B. Waive Competitive Bid Procedures and Authorize Renewal of Property, Casualty, Liability and Workers’ Compensation Insurance Coverage for FY 12/13 (Administrative Services Transmittal, FMIT Proposal) pgs 20-36 C. Resolution No. R-12-21 - FDOT Wayfinding Signs (City Manager Transmittal, R- 12-21, Plans) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FOR CONSTRUCTING AND MAINTAINING WAY-FINDING SIGNS IN THE STATE OF FLORIDA RIGHT OF WAY ALONG U.S. 1 IN SEBASTIAN, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 1 of 366 pgs 37-51 D. Resolution No. R-12-23 – Vacation of Easement – 449 Lake Drive, Lots 10 & 11, Block 60, Sebastian Highlands Unit 2 (Community Development Transmittal, Site Map, R-12-23, Staff Report, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS ON LOTS 10 & 11, BLOCK 60, SEBASTIAN HIGHLANDS UNIT 2; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. pgs 52-92 E. Award and Authorize Execution of Non-Exclusive Agreements for Continuing Professional Engineering Consulting Services to Neel-Schaffer, Vero Beach, FL; Masteller & Moler, Vero Beach, FL; Schulke, Bittle & Stoddard, Vero Beach, FL; MBV Engineering, Inc., Vero Beach, FL; KSM Engineering and Testing, Inc., Sebastian, FL; Infrastructure Engineers, Inc., Sebastian, FL; Michael Baker, Jr., Lake Mary, FL; and American Infrastructure Development, Inc., Tampa, FL (City Manager Transmittal, Agreement, Committee Minutes, Fee Schedules) pgs 93-109 F. Award Bid and Contract for Professional Pest Control Services to Ameron Pest Control, Inc. in the Amount of $3,600.00 Annually (City Manager Transmittal, Bid Tab, Agreement) pgs 110-126 G. Award Bid in the Amount of $17,375.00 to Creative Shade Solutions for Installation of Two Shade Canopies at Creative Playground (Parks Transmittal, Bid Tab, Price Form, Picture, Recent Projects) 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. 9. PUBLIC HEARINGS Procedures for public hearings: • Mayor opens hearing • Attorney reads ordinance or resolution • Staff presentation • Public Input • Staff summation • Mayor closes hearing • Council deliberation and action Anyone wishing to speak is asked to raise their hand and when called, go to the podium and state his/her name for the record. pgs 127-129 A. Resolution No. R-12-18 – Stormwater Non-Ad Valorem Assessment Increase (City Manager Transmittal, R-12-18) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, INCREASING THE STORMWATER UTILITY FEE PURSUANT TO SECTION 102-125 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 7/25/2012) pgs 130-172 B. Ordinance No. O-12-08 – Code of Ordinances Chapter 26 – Buildings and Building Regulations (Building Director Transmittal, Revisions Supplement Page, O-12-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING, REVISING AND UPDATING CHAPTER 26 OF THE CODE OF ORDINANCES RELATING TO BUILDING AND BUILDING REGULATIONS; PROVIDING FOR SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. (PJ Ad 8/8/2012) 2 of 366 10. UNFINISHED BUSINESS 11. PUBLIC INPUT 12. NEW BUSINESS pgs 173-178 A. Resolution No. R-12-20 – Building Permit Fee Schedule (Building Director Transmittal, R-12-20) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, LISTING BUILDING PERMIT FEE SCHEDULE PURSUANT TO CITY CODE SECTION 26-35; AMENDING CONTRACTOR LICENSING FEES PURSUANT TO CITY CODE SECTIONS 26-166 AND 26-168(D); PROVIDING FOR PENALTIES, PLAN-CHECKING FEES, CONFLICTS AND EFFECTIVE DATE. pgs 179-196 B. Award Group Health Plan, Blue Options HDHP 05190 / 05191 to Blue Cross Blue Shield of Florida for 12 Months – Award Group Dental Plan to Assurant for 24 Months – Award Life, AD&D and Long Term Disability to Cigna for 36 Months – Renew Employee Assistance Program with MHNet for 12 Months and Approve $188,500 for FY13 Health Reserve Account Funding to Meet $1,500 Single Employee Deductible/$3,000 Family Deductible (Administrative Services Transmittal, Analysis, Recommendation, Cost Comparison, Decline Quotes) pgs 197-217 C. Resolution No. R-12-22 – Approving Fiscal Year 2012 Third Quarter Budget Amendment (Administrative Services Transmittal, R-12-22, Comparison, Status Report, Schedule, 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 218-233 D. First Reading of Ordinance No. O-12-07 – Land Development Code Backout Parking – Set Public Hearing for September 26, 2012 (Community Development Transmittal, O-12-07, R-98-13, R-99-25, R-03-05, R-03-35) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTIONS 54-3-10.6(a)(3) AND 54-3-10.7(c)(1) REGARDING PARKING AREAS AND BACKING INTO A PUBLIC STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. pgs 234-246 E. First Reading of Ordinance No. O-12-09 – Increase Employee Contribution to Police Pension Plan Effective 10/1/12 – Set Public Hearing for September 26, 2012 (Administrative Services Transmittal, O-12-09, CBA Articles 48 and 49, Actuarial Statement) AN ORDINANCE AMENDING CHAPTER 58, ARTICLES III OF THE CODE OF ORDINANCES FOR THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ENTITLED “POLICE OFFICERS’ RETIREMENT SYSTEM”; IMPLEMENTING A PROVISION OF THE 2011-2013 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE COASTAL POLICE BENEVOLENT ASSOCIATION; PROVIDING FOR AN INCREASE IN MEMBER CONTRIBUTIONS; PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES INCONSISTENT HEREWITH. pgs 247-249 F. Authorize City Manager to Transition to City-Wide Janitorial Services/Duties to be Completed/Managed with Part-Time Employees (City Manager Transmittal) pgs 250-346 G. Award Asphalt Surfacing Bid to Ranger Construction and Authorize Staff to Execute Same (City Manager Transmittal, Bid Sheet, Street Map, Contract) 3 of 366 pgs 347-366 H. Award Ditch and Right-of-Way Swale Mowing Bid and Contract to Absolute Lawn Service in the Amount of $146,238.00 Annually and Authorize Staff to Execute Same (City Manager Transmittal, Bid Proposal, Contract) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Coy 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: September 12, 2012 – 6:30 pm September 17, 2012 – 5:30 pm Special Mtg -1st PH on FY12/13 Budget September 26, 2012 – 6:30 pm 4 of 366 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. 5 of 366 6 of 366 7 of 366 8 of 366 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 25, 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. Council Member Coy led the Pledge of Allegiance. 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 Community Development Director, Joseph Griffin Building Director, Wayne Eseltine Finance Director, Ken Killgore Police Chief, Michelle Morris Parks Supervisor, Chris McCarthy MIS Engineer Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS - 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. 12.093 A. Proclamation – Marine Debris Awareness Month – July 2012 – Accepted by Captain Donald Voss Mayor Hill read and presented the proclamation to Captain Voss who asked for legislation to require outside events to use biodegradable utensils; and noted he was elected Hero of the Year by the National Oceanic Institute which is bringing a lot of attention to this area and good to use in grant applications. 9 of 366 2 Regular City Council Meeting July 25, 2012 Page Two B. Presentation of Certificate of Appreciation to City of Sebastian by United States Coast Guard Auxiliary Flotilla 56 Vero Beach/Sebastian Flotilla Commander Frans Eyberse, Immediate Past Flotilla Commander Bill Boluk, and Immediate, Immediate Past Flotilla Commander Fred Combs read a letter of appreciation and presented a plaque of appreciation to Council. C. Expression of Gratitude from Dr. Norman Myer, Lions Club Event Chairman, Annual 41st Sebastian Freedom Festival Dr. Myer thanked the City for their contribution and support of the Sebastian Freedom Festival. Mayor Hill agreed the Public Works Department did a yeoman’s job but a debt of gratitude should be given to the Lions Club for making Sebastian special each year. Brief Announcements A. August 8, 2012 Regular City Council Meeting Cancelled to Accommodate August Primary Early Voting in Chambers Mayor Hill announced the cancellation of the August 8, 2012 Council meeting. 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 – July 11, 2012 Regular Meeting 12.095 B. Approve Road Closures for American Cancer Society Great Strides Walk – Indian River Drive from Coolidge South to South City Limit, Sebastian Boulevard from East of Hess to Indian River Drive and Harrison Street from Just Past Parking Entrance East to Indian River Drive on Saturday, 10/20/12 from 8:30 am to Noon and Consider Request to Waive $350 Fee for Use of City Mobile Stage (Parks Transmittal, Permit Application, City Mobile Stage Application, Aerial Map) 12.051 C. Request from Sebastian River Area Chamber of Commerce for Candidate Forum in Accordance with City Broadcast Policy on 10/23/12 from 7 pm to 9 pm (City Clerk Transmittal) Mayor Hill removed item B. MOTION by Ms. Coy and SECOND by Mr. Wright to approve items A and C passed with a voice vote of 5-0. Item B. Mayor Hill said some of the businesses along Indian River Drive have expressed concerns with the closure of Indian River Drive during the morning hours and asked how the City can work with the businesses. 10 of 366 3 Regular City Council Meeting July 25, 2012 Page Three The City Manager said staff does the best they can for the major events but the complaints derive from some of the non-major events so they try not to schedule many road closures, he offered to reduce the closure to allow access to the tackle shop, and erect signage. Mr. Wright said they should consider how many events with road closures they are going to allow in the course of a year, he suggested setting up closures closer to Main Street so it would not have an effect on the businesses. Mayor Hill said these events bring people to the area where the businesses are showcased and they need to find a way to allow access while the closures are taking place. Mr. Wright said he would like to limit the number of times they prevent access to the businesses and find different ways to route access noting the loss of income for one Saturday makes up a quarter loss for one month. Ms. Coy said she thought the standard stage policy for non-profits was a 50% discount and asked what other organizations receive the stage free. The Parks Superintendent said the American Cancer Society’s Relay for Life and the Sebastian River High School Graduation received the stage at no cost. Ms. Coy cautioned they were setting a precedent and suggested using the standard 50% fee reduction. Mr. Wright asked what were the guidelines they passed a couple of years ago for the stage and the City Manager said it was left to staff discretion who have brought non- profit organizations, schools and other governmental organizations to Council for approval, but given churches a 50% discount, and have everyone else pays full price; however, based on Council’s direction he would adjust the request accordingly. Mr. Gillmor said the standard rate is $500, the event will take up the whole park, they need to set a precedence and stay there, the stage is an $80,000 piece of equipment, manpower is required to set up and take down, and it’s reasonable to stay at $250.00 for non-profits. MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve the closure of Indian River Drive from Coolidge south to City limits, Sebastian Boulevard east from the Hess Station to Indian River Drive and Harrison Street just past parking entrance to Indian River Drive. He said staff will try to shorten the leg on Sebastian Boulevard to allow access to the businesses through Cavcorp to Coolidge and strike out the waiver of the $350.00 fee for the mobile stag. The motion passed with a voice vote of 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. 6:57 pm Senior Steering Committee Ms. Coy reported that the current Home Depot grant cycle has passed and the new cycle will not be awarded until September which will not accommodate her plan to open the Senior Center in the former Public Works building by September 1st. 11 of 366 4 Regular City Council Meeting July 25, 2012 Page Four She asked permission from Council to set up an account to receive monetary donations from the public who can make checks payable to the City of Sebastian with a notation in the memo line that the money is for the Senior Center. She said Home Depot was willing to provide the work detail. In response to Mayor Hill, she said the minimum they hope to raise is $3,000 but a new air conditioner will be needed soon, making her personal goal $10,000 but they would gladly accept whatever the community will come up with. It was the consensus of Council to allow the account to be set up. In response to Mr. Wright, she said her specific goals, as money comes in, would be to install a new vinyl floor, paint the walls, a new toilet, replace the ceiling fans, and then card tables, shelving areas; and down the road a new refrigerator. Ms. Coy made the official call to the public and asked that checks be made payable to the City of Sebastian and in the memo write For Senior Center Project and they could be dropped off at the City Hall cashier or mailed to 1225 Main Street, Sebastian, FL 32958. She said she would be happy to answer any specific questions or pick up any donations by calling her at 388-0961 and their grand opening is planned for right after Labor Day. 9. PUBLIC HEARING - None 10. UNFINISHED BUSINESS 12.055 A. Cavcorp Improvement Project Update (Community Development Transmittal, Layout) The City Manager said he hoped to receive approval or modifications based on discussion and then go to the public hearing phase to receive input. Frank Hickson, Infrastructure Engineers, displayed Layout 11-6 which incorporated the comments from the last meeting and noted that directional flow is set to sustain two-way traffic throughout the lot, the ponds are outside the parking area, and Mr. Wright’s exit lanes are on the south side, but not the east side, providing the ability to create car parking by the oak trees. He said directional parking along Coolidge would lose spots and cause operational issue for entering and exiting. David Bennett, Senior Drainage Engineer, said SJRWMD has allowed the 300 ft ditch along Indian River Drive to be a storm sewer carrying untreated water with a shallow swale on top of it. Mr. Bennett also said SJRWMD is also allowing a tradeoff from Coolidge Street’s runoff for Sebastian Boulevard’s runoff into the Indian River Drive swale. He explained that they have to provide an additional treatment volume making the requirements difficult to attain and so far, what has been presented is cutting it close. In response to Mr. Wright, Mr. Hickson said there is a sidewalk on the north side of Coolidge going east towards Squiddly’s books and then turns south across Coolidge into Cavcorp, then east through the lot. 12 of 366 5 Regular City Council Meeting July 25, 2012 Page Five Mr. Wright asked if angling the spaces on the south side of Coolidge would give more room. Mr. Hickson explained the perpendicular spots provided more spots. The City Manager said they wanted to gain spots but also have the parking lot easily accessible, from either direction. Ms. Coy said she didn’t think they have enough car parking and suggested changing the six boat slots on the Sebastian Boulevard side to double car slots divided by a hedge row. She said this past Saturday at 10:30 a.m., there were 35 boat trailers using half of the lot but every car spot was used along the river, people were walking up and down enjoying the Park and waterfront. Mr. Hill reminded Council that the lot was purchased as a boat trailer parking lot to accommodate the Yacht Club ramp and asked how many car spots were added. Mr. Hickson said the lot has 45 in the lot and 28 on Coolidge Street, totaling 73 spots. He said he liked where they are going with this and he understood the dynamics of the drainage and lack of asphalt and wanted to go forward with the knowledge that the City purchased the property for boat parking. Mr. Gillmor said he concurs, Infrastructure Engineers has done a yeoman’s job of getting car parking along with the boat parking, and they couldn’t ask for too much more. Mayor Hill pointed out that staff has the discretion to turn the entire lot into car parking for major events. Mr. McPartlan said he liked the plan, they could go forward to get public input, and bring it back for finalization, agreeing that Infrastructure Engineers did a great job. Mr. Wright said at the end of day, it doesn’t have everything he would like but it is very close, they managed the water situation, and almost all of the trailer spots can accommodate two car parking except for the north side. 7:26 pm Public Input Damien Gilliams said it was a great plan, but too bad the engineers couldn’t look at the overflow parking at the same time to save money. The City Manager said he would get back with Infrastructure Engineers, set up the public hearing for late August, come back to Council for final approval, then design and bid. 11. PUBLIC INPUT Kathleen Egan said she lives at Orange Avenue & Columbus Street & Powerline Road where a man blasts his Harley Davidson motorcycle every morning between 6:25 and 6:37 a.m. She said the Police Department has responded but they cannot do anything and since Code Enforcement Division doesn’t open until 7:30 a.m. she asked that the Division open early to catch the people who blast the motorcycle, have barking dogs and mowing machines. The City Manager asked her to speak to Chief Morris about having a citation issued by a Police Officer. Ben Hocker, Sebastian, said he didn’t feel Council has adequately followed the Working Waterfront project based on the article in the paper today. He suggested they look at the plan to see where it went astray and do something about it. 13 of 366 6 Regular City Council Meeting July 25, 2012 Page Six Damien Gilliams said his heart goes out to Mrs. Egan, as the noise ordinance doesn’t involve a decibel reader so it is tough to enforce. He congratulated Ms. Coy for her work on the Senior Center, he would like to see each member contribute $100 and if they do, he will donate $100 as well. Mr. Gilliams said they give money away to non-budgeted memorials, non-profits located outside the City limits, millions to fishermen on Indian River Drive but can’t find $10,000 to help the senior citizens. 7:35 pm 12. NEW BUSINESS 12.096 A First Reading of Ordinance No. O-12-08 – Code of Ordinances Chapter 26 – Buildings and Building Regulations – Schedule Public Hearing for 8/22/12 (Building Official Transmittal, O-12-08, Chapter 26 w/Markup showing amendments, Exhibit A County Wind Speed Map, BOAF Model Administrative Code for 2010 Building Code) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING, REVISING AND UPDATING CHAPTER 26 OF THE CODE OF ORDINANCES RELATING TO BUILDING AND BUILDING REGULATIONS; PROVIDING FOR SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. The City Attorney read the title of Ordinance No. O-12-08. The City Manager said the City must adopt the State’s new wind code and at the same time the Building Director wanted to take the opportunity to streamline the City’s building codes to make them user friendly. The Building Director gave a PowerPoint presentation. (See attached) 7:48 pm Mr. Wright asked if some one is licensed in Indian River County, do they need to be licensed again in Sebastian. The Building Director said every jurisdiction keeps tracks of licensing to make sure contractors are licensed, have liability insurance and workers’ comp; and the City accepts letters of reciprocity from other local jurisdictions. Mr. Wright asked how the ordinance affects existing structures within the City and were there any changes not mandatory. The Building Director said the new wind speeds went into effect March 2012 and this ordinance designates the City’s wind speed at 160, and it does not affect any existing buildings. Ms. Coy asked if there is more than 50% damage, does a structure need to be reconstructed to the new wind speed. The Building Director said there is more than one 50% rule, but generally speaking substantial structural damage would have to be brought up to code. The City Attorney said this was an unusual agenda item and pages 21-60 were the clean copy of the proposed ordinance, and pages 61-138 have the same language with notes, cross-outs, and additions by the Building Director. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve O-12-08 on first reading. 14 of 366 7 Regular City Council Meeting July 25, 2012 Page Seven Public Input Damien Gilliams corrected the Building Director and said the requirement to rebuild is not based on 50%, but who you know in the Building Department. Mayor Hill interrupted him, gaveled, and said we would not allow baseless accusations at this lectern. Mr. Gilliams interrupted saying his accusation was based on permits issued for Hurricane Harbor. Mayor Hill warned him that he would be removed if he interrupted again. Mr. Gilliams continued and Mayor Hill said he was done. Mayor Hill recessed the meeting at 7:54 p.m. and reconvened the meeting at 8:02 p.m., all members were present. Result of the roll call vote: AYES: All NAYS: None Passed 5-0. The City Attorney announced the public hearing would be August 22nd, 2012. 12.097 B Resolution No. R-12-19 – Establish Account with Invest Financial Services (Finance Director Transmittal, R-12-19) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, TO ESTABLISH AND MAINTAIN AN ACCOUNT WITH INVEST FINANCIAL SERVICES; MAKE PROVISIONS FOR OFFICERS AUTHORIZED TO ACT ON THE CITY’S BEHALF AND IN ACCORDANCE WITH CITY INVESTMENT POLICIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Resolution R-12-19. The Finance Director said in making Seacoast National Bank our depository, this makes it possible to open a safe- keeping account with the contractor that monitors and keeps us in compliance with our investments. MOTION by Mr. Wright and SECOND by Mr. Gillmor to approve Resolution No. R-12-19 Result of the roll call vote: AYES: All NAYS: None Passed 5-0. 12.069 C Review FLC Charter and By-Laws Amendments and Reach Consensus for Voting Delegate McPartlan for FLC Conference Business Session on 8/25/12 (City Clerk Transmittal, Letter, Proposed Amendments) Mayor Hill said Amendment 9 requiring the nominating committee be appointed six months before the meeting provides for more politicking. Mr. Gillmor explained as a FLC Executive Board Member, there was a push to provide more time for candidates to make the rounds at the various leagues to seek endorsement. Mayor Hill said it made sense that candidates would want to target their audience and offered his support. Ms. Coy said she had issues with Amendments 5, 6, and 7, as all three extend the president of the board a lot of decision making and power that currently is held by the executive board. 15 of 366 8 Regular City Council Meeting July 25, 2012 Page Eight She said the executive board should be the major governing body, noting the president is the figure head with the board making decisions; and, what really upset her is reason for the change is to conform the current practice which is violating their own by-laws. Mr. Gillmor said Amendment 7 is allowing the director to execute contracts the board has already approved, noting the board only meets three times a year. Mayor Hill noted the lack of meeting times requires these things take place and the fact that they are not following the rules is not a good reason to change them but because they are cumbersome is a good reason to change them. Mr. Wright said it is not necessary to have a meeting to get the consensus of a 8:13 pm committee, but he shares Ms. Coy’s concern about turning it into a dictatorial body operating out of the concept of the political process with checks and balances, allowing the director to act without formal board approval, which concerns him as to how the League is run, and is reason enough to object. Mr. McPartlan said he did not have any problems with the amendments but he understands their concerns as the voting delegate, he offered to raise their concerns or consider additional discussion at the conference and vote accordingly. Council gave Mr. McPartlan the authority to act as necessary. 13. CITY ATTORNEY MATTERS – None. 14. CITY MANAGER MATTERS – None. 15. CITY CLERK MATTERS 12. A. Brief Report on November 6, 2012 City Council Election (Report, City Charter Candidate Qualification, Election Schedule) The City Clerk reported that candidate qualifying for the November 6, 2012 City general election for two Council seats with two year terms begins on August 23 and ends on September 7, 2012, and candidate packets are available in the City Clerks office Monday to Friday from 8 a.m. to 4:30 p.m. or on-line at www.cityofsebastian.org; and there are two pre-qualified candidates so far. She also said early voting will take place in the Sebastian City Council Chambers and at other locations in the County from Saturday, August 4 through Saturday, August 11, from 8 a.m. to 4 p.m.; and for the General Election from Saturday, October 27 through November 3, from 7 a.m. to 7 p.m. She said voter registration and precinct information can be obtained at the Supervisor of Elections office at voteindianriver.com or by calling 266-3440. 16 of 366 9 Regular City Council Meeting July 25, 2012 Page Nine 16. CITY COUNCIL MATTERS A. Vice Mayor Wright Mr. Wright said he read the Working Waterfront article in the paper today and said he would have preferred to know if something like that was coming out as the article had more details than what has been confirmed to Council. E. Mayor Hill Mayor Hill re-announced the August 8th Regular City Council meeting has been cancelled, and invited the public to join Council for the August 22nd meeting. B. Council Member Coy Ms. Coy asked the public to donate to the Senior Center project by making their check payable to the City of Sebastian with Senior Center Project noted in the memo line and they could call her with any questions at 388-0961. C. Council Member Gillmor Mr. Gillmor asked the Community Development Director to give a report on the turbines at the Airport. The Community Development Director said the recent newspaper article had the unintended consequence of lighting a fire where it shouldn’t have been lit; but the turbines are working as advertised and initially when started in May 2011 there were problems so they didn’t go into operation until March 2012 but they are currently working. He offered to report back as requested. D. Council Member McPartlan Mr. McPartlan asked if the Community Development Director was able to get the turbines’ warranty extended. 17. Being no further business, Mayor Hill adjourned the regular meeting at 8:23 pm Approved at the August 22nd, 2012 Regular City Council meeting. _______________________ Jim Hill, Mayor ATTEST: ________________________ Sally A. 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