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Home My WebLink About08222012 MinutescarvOF � BM, I OT, HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 22, 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. Pastor Tim Woodard, United Church of Christ, gave the invocation. 3. Council Member Gillmor 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 Administrative Services Director, Deb Krueger Finance Director, Ken Killgore Deputy Police Chief, Greg Witt Public Works Director, Jerry Converse Parks Supervisor, Chris McCarthy Building Maintenance Supervisor, Marty O'Brien MIS Engineer Analyst, Rob Messersmith Also Present: Frank Watanabe, Neel -Schaffer 5. AGENDA MODIFICATIONS Modifications and additions require unanimous voted of City Council Members None. Regular City Council Meeting August 22, 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. 12.098 A. Proclamation — Recognizing Sergeant First Class Hamilton McWhorter for his Military Career and Retirement from the US Army on August 10, 2012 Mayor Hill read and presented the proclamation to Sergeant First Class McWhorter, who accepted with his family by his side and expressed his appreciation and love of Sebastian. 12.100 B. Proclamation — Literacy Day — September 7, 2012 — Accepted by Fran Adams— Sup rintenclent, dams,Superintendent, Indian River County School District Mayor Hill read and presented the proclamation to Dr. Fran Adams, who expressed her appreciation and stressed the importance of support of literacy programs. 12.099 C. Proclamation — National Recovery Month — September 2012 — Accepted by Robin Dapp, Executive Director, Substance Awareness Center of Indian River County & David Cavell, Coordinator of the Indian River County Substance Prevention Coalition Mayor Hill read and presented the proclamation to Robin Dapp and David Cavell. Mr. Cavell expressed appreciation and advised that an event will take place for people who have achieved their goals to show a positive side will take place on September 15th at Riverside Park in Vero Beach. Brief Announcements Ms. Coy advised that tomorrow is the first day of the fall semester at Indian River State College, and said the new Senior Center is coming along phenomenally and she will report back soon. She said monetary donations are needed and can be mailed to City Hall or people can call her at 388-0961. 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 — 7/25/12 Regular Meeting 12.101 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) 2 Regular City Council Meeting August 22, 2012 Page Three 12.102 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. 12.103 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. 12.104 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) 12.105 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) 12.106 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) MOTION by Mr. Wright and SECOND by Mr. Gillmor to approve the consent agenda. Ms. Coy requested removal of item C. New MOTION was made by Mr. Wright and SECOND by Ms. Coy to approve A and B and D through G. Result of the roll call vote: AYES: All NAYS: None Passed 5-0. In response to Ms. Coy, the City Manager said the City had some say in where the signs were located but took guidance and got approval from FDOT, tried to keep sign clutter out of the Main Street/Indian River Drive area, and said the compass roses were 12 inches and the poles 12 feet. MOTION by Ms. Coy and SECOND by Mr. Wright to pass item C passed with a voice vote of 5-0. 3 Regular City Council Meeting August 22, 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. Ms. Coy announced the Veterans Advisory Committee met for the first time on Tuesday and said Council can now refer questions about Veterans' issues to them. 9. PUBLIC HEARINGS 12.092 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) The City Attorney read the title of Resolution No. R-12-18, the City Manager outlined the uses of the additional $1 per month stormwater fee and provided an update in response to a Council request from the August 20th budget workshop to ascertain the effect of the increase on businesses which pay multiple ERUs. (see attached) Mayor Hill opened the public hearing at 6:57 p.m. There was no public input. Mr. Wright said the formula equates to an approximate 25% increase for residents and about the same for businesses. He said most of the drainage work is being done in residential areas and the business community does not realize the benefit that the residents do. He said it may be worthwhile to examine how this was originally set up, determine if the structure still valid going forward, and how the formula breaks down. The City Manager agreed there needs to be a review over the next year and we may want to change the program. He said there are some areas that don't have direct outfall into the City system, we can look at the separation of ERUs as to business and residential properties, and probably need the services of an engineering firm to look at other solutions or look at credits for business for on-site retention. He said we need to look at controlling water that comes off the US 1 business district and flows into old FDOT outfalls. He said the City has taken some pro -active approaches in putting in baffle boxes and outfalls and probably needs to be more aggressive in capturing and treating water in the riverfront. The City Manager said the table shows subtle increases for businesses, but for the greater good the successes speak for themselves. He closed by agreeing we need to look at the program in the next year. Mayor Hill said he was pleased with the numbers. The City Clerk said for the records we received six e-mails or letters of objection. MOTION by Mr. Wright and SECOND by Mr. Gillmor to approve. Result of the roll call vote: AYES: All NAYS: None Passed 5-0. rd Regular City Council Meeting August 22, 2012 Page Five 12.096 B. Second Reading and Adoption Hearing of Ordinance No. 0-12-08 — Code of Ordinances Chapter 26 — Buildings and Building Regulations (Building Director Transmittal, Revisions Supplement Page, 0-12-08) 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) The City Attorney read the title of Ordinance No. 0-12-08 and advised Council that the Ordinance before them has been amended slightly from the first reading and the changes are detailed in the agenda packet pages 131-132. The City Manager said the Building Director had been excused from the meeting, and said two major changes are presented in this Chapter 26 Code change, wind standards, and modifications to building codes to comply with new standards. He noted the contractor licensing fees had been removed from the ordinance and included in a new resolution with other building permit fees which Council will address later in the meeting. He stated the fees will stay the same. Mayor Hill opened the public hearing at 7:09 p.m. Public Input Damien Gilliams, 1623 US 1, said since 75% of the City is built out we should turn our Building services over to Indian River County, said we have privatized the garage, our occupational license fees support the Building Department and the amount of revenues for licenses is over $200K. The City Manager responded we have not privatized the City garage, though we have an RFP out for some services, the occupational license revenues are approximately $60K, the City's fees are less than the County's, and it is better to have local control of permitting and inspections with our Building Department and Construction Board. Mr. Wright said we watched the Building Department for the past four to five years and came to a consensus to keep it in Sebastian, that it offers a convenience to residents, it would be more difficult for contractors to go to the County, and we have already discussed that when Building Department revenues and expenses equalize we can return occupational licenses to the General Fund. Mr. Gillmor said if we are 75% built out of a total of 12,000 units, even going up another 10% to 85% build -out, we are still talking about a large number of units to be built upon just to get to 85% and it will take years. The City Manager agreed and based on five new residential units per month it will take a long time. Ms. Coy agreed that this Council decided the Building Department needs to stay locally, that she receives few complaints about the Department and in fact receives calls about the good job they do. Regular City Council Meeting August 22, 2012 Page Six MOTION by Mr. Gillmor and SECOND by Mr. Wright to approve Ordinance No. 0-12-08 as amended. Result of the roll call vote: AYES: All NAYS: None Passed 5-0. 10. UNFINISHED BUSINESS 11. PUBLIC INPUT Craig Cobb, 126th Street, thanked the City for the additional volleyball court at Riverview Park, noting he is connected with the Sebastian Lady Sharks and people play nightly and on weekends and said with the amount of use, lights would be great there. Mayor Hill said the Parks and Recreation Committee looked at that as suggested by Council Member Gillmor and it looks like a great possibility it will be done in the near future. Damien Gilliams, in regard to the Working Waterfront site, asked why the City does not have to come into compliance to bring its docks five feet above the mean water line as he had to do by DEP and Army Corps of Engineers. He said the City is getting favors and said what he spoke about at the last meeting was that we give special favors for special people. Mr. Wright said Mr. Gilliams' comments were getting into a personal attack and asked him to keep to the issues he wanted to discuss. Mayor Hill also asked him to stay away from personal attacks and asked him if he bought his concerns to City Manager. Mr. Gilliams responded `many times', alleged again that special deals are being done, and said Roseland has no complaints about the County Building Department. 12. NEW BUSINESS 12.096 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. The City Attorney read the title of Resolution No. R-12-20. The City Manager said it readopts the building fees and adds the contractor licensing fees. MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve Resolution No. R-12-20. Damien Gilliams said he was against any tax increases and the City Manager stated there are no tax or fee increases in this resolution. Mr. Wright said this was simply a change in how we declare the fees. Co Regular City Council Meeting August 22, 2012 Page Seven Result of the roll call vote: AYES: All NAYS: None Passed 5-0. 12.049 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 GkH;a Hartford 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) The City Attorney noted the reference on page 181 to Cigna should actually be to The Hartford. The City Manager said these plans were fully detailed by the The Gehring Group at the August 20th budget workshop. MOTION by Ms. Coy and SECOND by Mr. Wright to approve the recommended action in the staff report with the City Attorney's amendment. Mr. Gillmor asked the City Manager if he involved Mr. Wright in searching for alternatives due to his expertise in insurance. The City Manager said though discussed it with him, they used the Gehring Group. Mr. Gillmor said he was not too keen on the plan; the credit card gives employees a false sense of security that there will be no costs to the employee, and we'd be better served with a different type of program. He said Mr. Wright has extensive history with group health insurance, it is imperative to use expertise of Council members, and that the City would have been better served if we put out the RFP ourselves. Mr. Wright said his experience was with large multi -national corporations, and one interesting thing was that one corporation had a similar HRA program which offered $1500 to the individual and $3000 to families. He said he had discussions with the City Manager and that it is unfortunate that costs had gotten out of control due to high claims experience, and he thought the Gehring Group had done a good job. He said if claims improve, funds will be saved and they should be set up in a separate account and not be rolled back into the General Fund. The City Manager clarified in response to Ms. Coy that it is a debit card and not a credit card and is used for doctors and pharmacies only. He also reported that that 76 of 105 employees received the plan presentation well yesterday. Mr. McPartlan said our options are limited due to claims and wished everyone a healthy plan year. Result of the roll call vote: AYES: All NAYS: None Passed 5-0. 7 Regular City Council Meeting August 22, 2012 Page Eight 12.004 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. The City Attorney read the title of Resolution No. R-12-22. The City Manager said the budget amendment had gone before the Budget Review Advisory Board. MOTION by Ms. Coy and SECOND by Mr. Hill to approve Resolution No. R-12-22. Mr. Wright asked if we accessed any reserve funds to make the adjustments. The Finance Director said any transfers were between budgeted project monies. Mr. Wright requested that future budget amendments include a specific notation if we have used any reserve funds. Mayor Hill noted it would say so, but perhaps it can be highlighted. Result of the roll call vote: AYES: All NAYS: None Passed 5-0. 12.107 D. First Reading of Ordinance No. 0-12-07 — Land Development Code Backout Parking — Set Public Hearing for September 26, 2012 (Community Development Transmittal, 0-12-07, 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. The City Attorney read the title of Ordinance No. 0-12-07. The City Manager said this ordinance was to get the Code in line with several proposed City projects, and guarantees the City has the right to use right-of-way and creates downtown ambience. MOTION by Mr. Gillmor and SECOND by Mr. Wright to approve Ordinance No. 0-12-07. Damien Gilliams, said he wanted to do this several years ago and was told no, but now the City is catching up with reality and he was waiting for this day. Result of the roll call vote: AYES: All NAYS: None Passed 5-0. The City attorney announced the public hearing will be held September 26, 2012. Regular City Council Meeting August 22, 2012 Page Nine 12.015 E. First Reading of Ordinance No. 0-12-09 — Increase Employee Contribution to Police Pension Plan Effective 10/1/12 — Set Public Hearing for September 26, 20.12 (Administrative Services Transmittal, 0-12-09, 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. The City Attorney read the title of Ordinance No. 0-12-09. The City Manager said this was in line with the Collective Bargaining Agreement (CBA) with the PBA because property valuation in the City fell below an established benchmark in the agreement, so it will increase the employee contribution for hires prior to October 1, 2011 from 5% to 8% and will reduce the City's contribution into the retirement fund. MOTION by Mr. Wright and SECOND by Ms. Coy to approve Ordinance No. 0-12-09. The Clerk noted for the record that this public hearing would also be September 26, 2012. Result of the roll call vote: AYES: All NAYS: None Passed 5-0. 12.108 F. Authorize City Manager to Transition to City -Wide Janitorial Services/Duties to be Completed/Managed with Part -Time Employees (City Manager Transmittal) The City Manager said this was brought up last year when there were issues with our janitorial service but Council recommended not bringing additional employees. He said the current vendor probably bid at a price they can't meet, and issues have arisen whereby staff thinks we need to make a change, a bid was let, and staff thinks we can bring in four part-time employees with no benefits at 15 to 20 hours per week for $8.50 per hour and do it in-house at a cost of approximately $56,065 including materials. He recommended giving notice to the existing service and bringing the service in-house for more quality control. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve staff recommendation. Damien Gilliams said the City should be in the business of cutting and not hiring people. Mayor Hill asked what the employee count was for 2006 and now and the City Manager responded 155 and 107. Mr. McPartlan asked why the increase in chemical supplies. The City Manager said we will need some supplies the vendor provided. E Regular City Council Meeting August 22, 2012 Page Ten Mr. Wright said last year we had a number of complaints about maintenance of Indian River Drive restrooms and asked if City staff or vendors fixed that and the City Manager said it was City staff. Mr. Wright said while he preferred outside contractors, maintenance and appearance of these facilities is important to the public. He said this goal is critical, he was not concerned about an increase, and would be looking to see if the complaints have gone away, then this would be the right decision, but if it continues we need to revisit it. The City Manager said he agreed 100%, and has seen a fall off in complaints because we made a change in personnel and turned a corner to make sure the restrooms were clean. Result of the roll call vote: AYES: All NAYS: None Passed 5-0. 12.109 G. Award Asphalt Surfacing Bid to Ranger Construction and Authorize Staff to Execute Same (City Manager Transmittal, Bid Sheet, Street Map, Contract) The City Manager said three bids were received for an estimated 2.2 miles of street repaving, the bids were very close, and briefly described a perceived conflict. He said when bids were turned in, Ranger failed to execute Amendment 1 and provide a certificate of insurance, but staff did not feel that those issues were necessary financially, because Ranger was at the pre-bid and capitulated that they were including that, and the big difference between Ranger and Dickerson was the hot mix asphalt overlay cost which allowed them to expand the repaving. He said he did not think their failure to sign the document or provide the certificate disqualified them. He said Frank Watanabe of Neel -Schaffer and Keith Sloan of CTI are available to answer any questions. He recommended Ranger Construction for the unit bids. MOTION by Ms. Coy and SECOND by Mr. Wright to approve staff recommendation. Damien Gilliams said the City should make sure there is someone inspecting so we don't have a problem like we did with Laconia. Result of the roll call vote: AYES: All NAYS: None Passed 5-0. 12.110 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) The City Manager said this was low bidder and we have had good experience with them. MOTION by Mr. Gillmor and SECOND by Mr. Wright to approve. 10 Regular City Council Meeting August 22, 2012 Page Eleven Result of the roll call vote: AYES: All NAYS: None Passed 5-0. 13. CITY ATTORNEY MATTERS — None. 14. CITY MANAGER MATTERS - None. 15. CITY CLERK MATTERS The City Clerk announced candidate qualifying is August 23 through September 7, 2012 from 8 am to 4:30 pm in the City Clerks Office advising that City Hall is closed on August 24th for furlough and September 3d for Labor Day during the qualifying period. 16. CITY COUNCIL MATTERS A. Council Member Coy Ms. Coy said Dr. Grant Gillmor did a presentation at the Natural Resources Board meeting reporting that sea grasses are gone between Grant and Vero Beach and invited Council to watch the presentation. She said basic adherence to best management practices will help and the NRB will be preparing a website and provide educational programming. Mayor Hill suggested using Channel 25 as well. B. Council Member Gillmor - None C. Council Member McPartlan - None D. Mayor Hill - None E. Vice Mavor Wriaht Mr. Wright asked if we could find funds such as CRA or FSL to assist the community to hook up to sewer lines along US 1 to protect the Indian River Lagoon. He said he saw a huge difference in the Keys when septic was replaced with sewer lines. Consensus was reached on tasking the City Manager to review what properties between US 1 and the lagoon are on septic, where the sewer lines run, and what types of funding might be available to assist property owners and report back to Council. 17. Being no further business, Mayor Hill adjourned the regular meeting at 8:24 p.m Appr d at t September 14, 2012 Regular City Council meeting. Hill, Mayor TT ST )- Sally . Maio MMC — City Clerk 11 I ,W u z Q V W C6 O W qE0 AME) 44 4� I\ 4 ?. 4 314 mNVN 1pupulvmtai.- mn.u,mo noom�pLLichilp .- mr~� .-mo P� h. d E11 N m N O �Ny CO VMT N u7 m W N M m wiW Q V a w w w w w w w w w w w w w w w w w w w w w m m m o m m m m m m m mm m m co co m CO M. 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