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HomeMy WebLinkAbout01092013 Agenda Packet1 of 26 2 of 26 3 of 26 4 of 26 5 of 26 6 of 26 7 of 26 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 12, 2012 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the regular meeting to order at 6:30 p.m. 2. Pastor Grant Foster, Riverside Church Assembly of God gave the invocation. 3. Cub Scout Pack 589 led the Pledge of Allegiance. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice-Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Community Development Director, Joseph Griffin Finance Director, Ken Killgore Deputy Police Chief, Greg Witt MIS Engineer Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council Member 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 hearing. 12.003 A. Presentation of Certificate of Completion to Vice Mayor Wright – 2012 Advanced Institute for Elected Municipal Officials Mayor McPartlan read and presented the Florida League of Cities certificate to Vice Mayor Wright. 12.121 B. Presentation of Pelli Award Plaque to Bruce Zingman for His Contributions to the Sebastian Community Mayor McPartlan read and presented the award to Bruce Zingman. 8 of 26 Regular City Council Meeting December 12, 2012 Page Two 12.121 C. Presentation of Certificates of Appreciation to Christmas Parade Organizations – Sebastian Property Owners Association, GFWC Sebastian Junior and Women’s Clubs, Sebastian River Area Chamber of Commerce and Police Department Volunteers Mayor McPartlan read and presented the certificates to Bruce Zingman (SPOA), Beth Mitchell (Chamber) and the Police Department Volunteers. GFWC representatives were not present. 12.148 D. Proclamation – Indian River Lagoon Awareness Mayor McPartlan read the proclamation citing the need for awareness and action to protect the condition of the Indian River Lagoon. 12.014 E. Observance of the Passing of Ernie Heaton, WWII Veteran, USS Dorchester Survivor Council Member Coy announced that Staff Sergeant Ernie Heaton, who was a survivor of the WWII Dorchester sinking, passed away about ten days ago and explained how he and Larry Wapnick were responsible for the beautiful Four Chaplains memorial in Riverview Park, the only one of its kind in the country, and was glad that he was able to see the memorial dedication this past Memorial Day. F. Brief Announcements Council Member Coy thanked all those who volunteered to ring the Salvation Army bell last Saturday at Walmart. 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 – November 28, 2012 Regular Meeting B. Approval of Minutes – November 29, 2012 Joint Meeting with Fellsmere 12.109 C. Approval of Ranger Construction Agreement Change Order #1 in the Amount of $32,779.80 (City Manager Transmittal, Change Order, Report, Map) MOTION by Mr. Hill and SECOND by Mr. Wright to approve consent agenda items A-C. Result of the roll call vote: AYES: All NAYS: nay Passed 5-0. 9 of 26 Regular City Council Meeting December 12, 2012 Page Three 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. 12.002 A. Citizen Budget Review Advisory Board i. Formally Announce Council Appointees: a. Mayor McPartlan – Tim Slaven (Nov 2011-Nov 2013) b. Vice Mayor Wright – Harry Marshall (Nov 2011-Nov 2013) c. Council Member Adams – Ed Herlihy (Nov 2012-Nov 2014) d. Council Member Coy – Dionna Farmer (2012-Nov 2013) e. Council Member Hill – Gary O’Hara (2012-2014) The City Clerk asked Council to affirm their appointments noting Mr. Hill had informed her office he would continue with his former appointee Gary O’Hara. Mr. Adams had selected Ed Herlihy prior to the meeting, as listed above. ii. Interview, Unless Waived, Nominate and Appoint Two At-Large Members for One Year Term (City Clerk Transmittal, Member List, Ad, Code, Applications) MOTION by Mr. Hill and SECOND by Mr. Wright move to appoint Christine Vicars and Bruce Hoffman as the two at-large members passed with a voice vote of 5-0. 9. PUBLIC HEARING 12.138 A. Ordinance No. O-12-12 – Amending Committee & Board Code Provisions (City Clerk Transmittal, O-12-12) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 2-169 PROVIDING FOR PUBLIC NOTIFICATION OF CITY BOARD AND COMMITTEE VACANCIES; AMENDING CODE SECTION 2-171 PROVIDING FOR CONTINUATION OF TERM UNTIL REPLACED; AMENDING CODE SECTION 2-173 PROVIDING FOR REMOVAL PROCEDURES FOR CONSECUTIVE UNEXCUSED ABSENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR EFFECTIVE DATE. (PJ Ad 11/28/12) The City Attorney read the title to Ordinance No. O-12-12 and Mayor McPartlan opened the public hearing at 6:49 p.m. There was no public input. The City Clerk explained this was passed at first reading on November 14th and was a language clean up. MOTION by Mr. Wright and SECOND by Ms. Coy to approve Ordinance No. O-12-12. Result of the roll call vote: AYES: All NAYS: Nay Passed 5-0 10 of 26 Regular City Council Meeting December 12, 2012 Page Four 10. UNFINISHED BUSINESS 12.140 A. Legislative Delegation Priority Items (City Manager Transmittal, Draft Letter) The City Manager said the Delegation meeting was scheduled for December 19th at 9:00 am in Vero Beach City Hall, read from subject titles in the draft letter derived from Council input, and said the finalized letter will be delivered to Representative Mayfield’s office tomorrow. Ms. Coy asked to add State funding owed to Indian River County per a Beach and Shores request, because if not obtained by a time certain the funding would be lost, and said she would provide the information to the City Manager. It was the consensus of Council to add the item. 12.056 B. Update Davis Street Sewer Project (City Manager Transmittal, Plan) 6:53 pm The Community Development Director gave a brief update on the Davis Street Sewer Project and said they would like to consider a workshop to make sure we get all the neighbors on board with what is going on. Frank Watanabe, P.E., Neel-Schaffer, Inc. continued the presentation and gave a timetable of workshop in January, permitting discussions with SJRWMD, finalizing plans and preparation for bidding between January and March and hopefully start of construction in April. Art Pfeffer, Indian River Utilities noted construction will take approximately 90 days. The City Manager said he would report back to Council on the date of the January workshop. Robert Nilsson, 608 Davis Street, said he likes the median on his street and asked why it has to be eliminated. The City Manager said this would be one of the topics discussed at the meeting; they are trying to get all of the improvements within the right-of-way width so the road needed to be squeezed together eliminating the median. Mr. Nilsson asked why the sewer line couldn’t run under the median noting there is an 80 feet easement. The City Manager explained the 80 foot goes away quickly and must accommodate the required area for the water line, street, sewer and lift system. Mr. Hill noted there will be a lot more details at the public workshop where it will be a great opportunity for him to voice his concerns. Mr. Nilsson said he wanted to express his concerns before too much work was done. Mr. Hill said tonight staff was letting Council know where they are with the project and urged him to attend the workshop. 12.149 C. CRA Wastewater Hook-Up Grant Program (City Manager Transmittal, Draft Program) The City Manager said during the CRA budget workshop, they carved out funds to start up a wastewater hookup program to encourage businesses or residents to hook up to County sewer to reduce load nutrients and TDML amounts into the River and was looking for feedback before he placed it on the January 9th CRA agenda. There was no public input. 11 of 26 Regular City Council Meeting December 12, 2012 Page Five In response to Mr. Adams, the City Manager said applicants have one year to hook up and if needed, could request one six-month extension. He clarified the extension would be favorably considered if permits were pulled, dirt was turned and at the eleventh hour the applicant ran out of time but not in cases where there wasn’t any movement. Mr. Wright said it was their responsibility to protect the Lagoon, the small grant amounts could be put towards the total cost which would start getting public attention, and in the future, if there is more money they can encourage more to participate. The City Manager said he would include the program on the January 9th CRA agenda. 11. PUBLIC INPUT Bruce Zingman, Sebastian, thanked Council for welcoming Santa at the parade, asked the City Manager to thank all of the City workers, and individually thanked all of the organizers and participants. He invited everyone to next year’s parade to be held December 7, 2013. (See attached) Joe Scozzari said he recently wrote a letter to the editor suggesting the City let go of the Police Department and use the County’s Sheriff’s Department to save money. He said officers have told him that they don’t have the money to do their job. He suggested having the County use the Department as an outpost and have the County purchase the equipment from the City over the long term. 12. NEW BUSINESS 12.004 A. Resolution No. R-12-39 Fourth Quarter FY11/12 Budget Amendment (Administrative Services Transmittal, R-12-39, Comparison, Reports, 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 Manager said FY12 ended with a deficit of $90,000, bringing the reserves to $4.6M; the auditors have completed their preliminary work and did not find concerns, the audit should be presented to them in March; and staff recommends approval of the budget amendment. MOTION by Ms. Coy and SECOND by Mr. Wright to approve Resolution No. R-12-39. The City Attorney read the title of Resolution No. R-12-39. Mr. Wright said a substantial amount of reserve money has been spent to support the operations of the City, and it is dangerous to keep hitting the reserve fund. He said there were a number of things identified during the budget process such as helping employees, upgrading computer equipment, police equipment that they should keep in mind during the course of the year when non-budgeted items come up as they move forward. 12 of 26 Regular City Council Meeting December 12, 2012 Page Six Result of the roll call vote: AYES: All NAYS: None Passed 5-0. 12.138 B. Resolution No. R-12-38 Amending Committee & Board Code Provisions (City Clerk Transmittal, R-12-38) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; PROVIDING FOR UNIFORM APPLICATION AND APPOINTMENT PROCEDURES AND DUTIES OF THE CITY CLERK TO ADVERTISE FOR VACANCIES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Resolution No. R-12-38. The City Clerk said this resolution provides for uniform procedures of the appointment process. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Resolution No. R-12-38. There was no public input. Result of the roll call vote: AYES: All NAYS: None Passed 5-0. 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS The City Manager said for the record, his dad has flown a couple of hours in the DC-3 Flagship Detroit Airliner when he worked for American Airlines and he was asked to promote LoPresti’s First Saturday Charity Breakfast Event breakfast that will be rocking out with 30’s and 40’s music against the backdrop of a restored DC-3 Flagship Detroit with story telling by retired American Airlines pilot, Tony DeSantis. There will also be period costumes, tours of the plane and rides available at the LoPresti Hangar Saturday, January 5th from 9:30 a.m. until 11:00 a.m. at the Sebastian Municipal Airport. He wished everyone a Merry Christmas and Happy New Year. 15. CITY CLERK MATTERS The City Clerk also wished everyone a Merry Christmas and Happy New Year. 16. CITY COUNCIL MATTERS A. Mayor McPartlan Mayor McPartlan also wished everyone a Merry Christmas and happy New Year, noting they have had some challenges during the past year and have a big one coming up as to the Indian River Lagoon but overall when you look at the community events you see everything that is good that starts with staff and the Police Department. 13 of 26 Regular City Council Meeting December 12, 2012 Page Seven B. Vice Mayor Wright Mr. Wright announced an open committee appointment on the Children’s Services Advisory Committee in District 1, noting the applicant must reside in District 1 and for further information, individuals should contact Indian River Commissioner Wesley Davis or him on his cell phone at 913-4720. He said they received an e-mail from the Florida League of Cities about a Human Resources and Labor Relations Summit that he would like to attend with an employee so they have the ability to bring back a presentation for the other Council members. He said they have come through some tough years but when you look at the participation in the community events, the community spirit is great; and he extended his wishes for the best of the holidays and a happy New Year. C. Council Member Adams Mr. Adams reported that he covered the Indian River County Commission meeting where their land development regulations were changed to allow McDonald’s to keep their sign. He also reported at the Treasure Coast Council of Local Governments (TCCLG) meeting the guest speaker discussed the illegal use of synthetic drugs called bath salts, noting it is difficult for officers to charge people with the drugs because there is no field test and the lab tests at $200 per packet are quite expensive. He said the TCCLG also discussed banning texting while driving which is one of their legislative priorities. He asked Council to consider the possibility of giving a raise or bonus to staff next year noting it may be early to discuss, but they can have the City Manager look into it early and then work out the details at budget time. Mr. Adams also wished Council, staff, and the residents a Merry Christmas and happy New Year, noting he looked forward to helping make Sebastian a better place. D. Council Member Coy Ms. Coy said things are getting better, the enthusiasm of the residents make this a wonderful place to live, and you would never know there is an economic crisis, she is looking forward to another year and wished everyone a happy Hanukkah, Merry Christmas and happy New Year. She also announced the Natural Resources Board website is up and running, it is something to be proud of and it is the place to do education. She invited the public to go to the City’s website, click on Boards and then Natural Resources Board. E. Council Member Hill Mr. Hill asked Ms. Coy where her trademark singing Santa hat was. She said the owner forgot to bring it to the meeting and she thanked him for noticing. 14 of 26 Regular City Council Meeting December 12, 2012 Page Eight He also wished Council and the residents a Merry Christmas and happy New Year; he looked forward to working with Mr. Adams who will be a great addition for the citizens; he was proud of Sebastian’s small town feel; and looked forward to seeing everyone next year. 17. Being no further business, Mayor McPartlan adjourned the regular City Council meeting at 7:42 p.m. Approved at the January 9, 2013 Regular City Council meeting. ___________________________ Bob McPartlan, Mayor ATTEST: ___________________________ Sally A. Maio, MMC – City Clerk 15 of 26 16 of 26 17 of 26 18 of 26 19 of 26 20 of 26 21 of 26 22 of 26 23 of 26 24 of 26 25 of 26 26 of 26