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HomeMy WebLinkAbout02272013 MinutesMY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 27, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting to order at 6:30 p.m. 2. There was a moment of silence. 3. The Pledge of Allegiance was led by Vice Mayor Wright 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 City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Community Development Director, Joseph Griffin Parks Supervisor, Chris McCarthy Deputy Police Chief, Greg Witt Public Works Director, Jerry Converse Fleet Superintendent, Greg Schmidt Stormwater Superintendent, Tim Walker MIS Engineer Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS None. Regular City Council Meeting February 27, 2013 Page Two 6. PROCLAMATIONS AWARDS, BRIEF ANNOUNCEMENTS 13.025 A. Presentation of Certificate of Appreciation to Carolyn Sartain - Anderson, Facade, Sign & Landscape Design Grant Review Committee Service Mayor McPartlan read and presented the Certificate to Carolyn Sartain - Anderson and thanked her for her service to the City of Sebastian. B. Presentation of Certificate to Council Member Jerome Adams for Completion of Florida Institute of Government Institute for Elected Municipal Officials Seminar Mayor McPaMan read and presented the Certificate to Council Member Adams. 13.026 C. Presentation of Certificate to Vice Mayor Don Wright for Completion of FLC Human Resources and Labor Relations Regional Summit Mayor McPartlan read and presented the Certificate to Vice Mayor Wright. D. Brief Announcements i) 3/2/13 — Watch Three Members of Council Shave Their Heads for St. Baldrick's Childhood Cancer Benefit Event at Captain Hiram's. Ms. Coy said the Council funding was lagging and they would join with the Sebastian Police Department who are doing a superior job of collecting donations. She said she would like to buy back her hair for $200 unless she received donations in the amount of $500, in which case she would go ahead as planned. ii) 3/2/13 — Craft Show in Riverview Park iii) 3/8/13 — Sebastian Chamber Concert in Riverview Park — Good Gravy — 5:30 -8pm Mr. Adams announced Sebastian River Medical Center will have their 10th Annual Men's Expo on March 2nd and the Environmental Learning Center will have their Annual Eco Fest celebrating their 25th Anniversary on March 3rd 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 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 — February 13, 2013 Regular Meeting * (Editor's note - City Council approved the 2113113 City Council minutes on 2127113 with the CRA minutes inserted. The CRA minutes should be approved only by CRA, therefore an item has been placed on 3113113 CRA agenda to the 2113113 CRA minutes separately. 2 Regular City Council Meeting February 27, 2013 Page Three 13.027 B. Authorize the Purchase of One Chevy 3500 Pickup from Alan Jay Automotive Network for the Stormwater Department Under the Florida Sheriff's Association Contract (Public Works Transmittal, Quote) 13.028 C. Approve Alcoholic Beverage Use at Community Center — Wedding Reception — March 23, 2013 — 6 pm to 10 pm — DOB Verified (Parks Transmittal, Application, Receipt) 13.030 D. Approve Sale of Beer and Wine in Riverview Park on Saturday, March 16, 2013 from 10 am to 4 pm for 2013 Pelican Island Wildlife Festival —Approve Closing Sebastian Blvd. from U.S.1 East to Indian River Drive; Harrison Street from the Parking Lot Entrance East to Indian River Drive; and Indian River Drive from Coolidge Street South to Southern End of the South Parking Area from 6 am to 6 pm on Saturday, March 16, 2013 — Approve Restricting One Half of the Yacht Club Boat Ramp Depending on Wind Direction from 10 am to 4 pm on Saturday, March 16, 2013 (Parks Transmittal, Letter) MOTION by Mr. Wright and SECOND by Mayor McPartlan to approve consent agenda items A -D. The City Attorney noted a scrivener's error on page 14 of the packet, page 10 of the 2/13/13 minutes to remove the word "don't" in a paragraph regarding Mr. Adams input. Mr. Wright and McPartlan agreed to the City Attorney's recommended amendment. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Mr. Wright reported on the Indian River County Economic Development Council meeting and Indian River County Commissioner and EDC member Tim Zorc's 2013 proposed project goals objectives, and discussions which included items such as trade and enterprise zones, open for business initiatives, height restrictions at 1 -95, impact fees, and the idea that the Go -Line Bus System should benefit people who ride versus the people who schedule it, consideration of off - season citrus employment alternatives, competiveness of Indian River County for economic development, and a resolution to support the sale of Vero Beach utility to FPL. He said the next meeting is March 19 or 20. Ms. Coy said there is a potential strike vote for Go -Line drivers tomorrow and asked Mayor McPartlan if as Chairman of MPO he may want to reschedule the MPO meeting that was canceled for March, and possibly consider having the County take back the Go- Line. 9. PUBLIC HEARINGS - None. 3 Regular City Council Meeting February 27, 2013 Page Four 10. UNFINISHED BUSINESS 13.031 A. Working Waterfront Lease Modification Presentation (City Manager Transmittal, Lease Mayor McPartlan received consensus of Council to allow the City Manager to make his presentation and then take public input before Council deliberation. The City Manager noted that Council had given its input on a possible lease amendment last September and he and the Community Development Director had worked diligently with the lessee to come up with the lease that is before Council and were seeking direction to move forward. He then presented a Power Point presentation entitled "Completing the Working Waterfront" (see attached for specifics), which recounted the history of the project since 2009, obtaining the Stan Mayfield Working Waterfront Grant to remove blight from the Riverfront and change the character of the district, and signing off on to the terms of the SMWWG to stimulate the fishing industry. The presentation outlined the new proposed lease, operating parameters, financial implications, and steps to bring the project to fruition, and he sought input from Council on the proposal. He said this is a win -win for both parties. He said he would bring back a lease to them on March 13 or 27, with any changes directed by Council tonight and then the lease and a new Master Plan will have to be approved by Florida Communities Trust (FCT), and lessee Fisherman Landing Sebastian, Inc. (FLS), and once approved by all parties, staff will move forward with the project and form a partnership with the Chamber of Commerce and Environmental Learning Center (ELC) for management of the museum and other things. He said staff would also be working with Indian River Seafood on a new lease for the eatery portion of the project. Public Input Damien Gilliams, said this is a pathetic return on investment of taxpayer money and questioned the $434K in credit claimed by the lessee, asked why we reward them with a $1 a month lease, the project was sour from day one, and asked where the requirements for financial reporting and by -laws are in the lease. He said the eatery should be put out to bid, and this needs a workshop. Tina Caffro, 631 Bayfront Terrace, said the project looks beautiful but can't understand why after two years of her asking about the Yacht Club handicapped ramp issue, nothing has been done, noting the painting of the ramp area was half done and lights are not working there. Rich Stringer, representing FLS, said FLS will be constructing other buildings on the site with their own funds and listed other potential revenues for both sites. He said the City spoke to contractors before FLS was approached to take over the renovation of the Hurricane Harbor building and the non - profit FLS ultimately financed the renovation. He said no one can say this project looks worse than when it was started. 11 Regular City Council Meeting February 27, 2013 Page Five He said the lease does have provisions for financial reporting and maintenance of by- laws, and there have been no sanctions from the State. He offered a minor revision regarding special events (see attached). Richard Gillmor said when this started he had recommended getting an independent manager to manage the property and said the fishermen just want to fish, and there is no project without the fish house. He noted the Dabrowski property was a marine junkyard and FLS did a yeoman's job in cleaning it up. He said it makes sense for the City to build the fish house and complimented the City Manager for his presentation. Mr. Wright thanked the City Manager for his presentation and summarizing the financials, noted that Section 13, paragraph C of the new lease provides for the lessee to keep books, and asked if the special events would fall under the City's guidelines to have insurance if they serve liquor. The City Manager said yes. Mr. Wright said he was concerned for the City's financial obligation to build the fish house, but that there was no condition in the language about the grant, and suggested making the construction subject to receiving the grant. Mr. Wright also said the lease says fishermen will have access to a restroom at Indian River Seafood but that he would like to see a separate restroom with showers for the fishermen added to the site plan. He said he liked the docks and their connectivity but that is an additional cost which is more reason to need grant money, that he was concerned about 20 year term lease and now somewhat undecided, and that as long as they are here to do business, he hoped they could effectively manage and sustain their business for 20 years. Mr. Hill said he was very excited about where we are today, there have been some tweaks, we should be proud of how we've utilized tax dollars, was not concerned about issues, we worked with the lessee, and looks forward to where we are going. He said he was disappointed we aren't having more special events such as Vero Beach sunset Saturday nights. He said we are not competing with any businesses, it is a draw to the City, and new people could come see a band with white boots at a fish fry and then disperse into the community. He said he spoke to many people who are excited and doesn't' hear complaints and reminded everyone the enforcement agency is the State of Florida. Ms. Coy said we fixed a lot of wrongs, and was pleased with what was before her but disagreed with the special event issue. She said where the project went off track before was competition with local business owners with beer, food and bands. She said we preserved the land for the fishermen so they could fulfill their mission to fish, not to party. She said she has received phone calls from businessmen and said she would support only one special event. She said Mr. Stringer's proposal is just more opportunity for more partying. Mr. Adams said there is no language to protect us in building the fish house if we don't get the grant, and he would rather see us split the cost with FLS if we don't get the grant. He said he would rather see a ten year lease with ten year renewal option. 5 Regular City Council Meeting February 27, 2013 Page Six Mayor McPartlan said we didn't get in this to make money but to improve the land, got involved with the best intentions, and bottom line, the lease does what it should, he hoped the fishermen catch lots of fish and was happy with two events. He asked when we will know about the grant and the City Manager said probably around mid July. Mayor McPartlan concurred with the alcoholic beverage insurance concern expressed by Mr. Wright, noting we get in trouble when we assume. Mr. Hill cautioned pausing the fish house project further, that we should commit to building it and tasking the City Manager as to how to pay for it. He said we asked the fishermen to invest in Hurricane Harbor so it is our responsibility to build the fish house. He said he would still like to see six special events a year, but would pass on that right now, and said he wants to see the brown sign on 1 -95 directing people to the Sebastian Historic Working Waterfront come to fruition. Mr. Wright said he understood the anxiety to build, but there should be grant money, and wanted to see pressure put on FIND to get leverage to move forward. He said he tended to agree with Ms. Coy on special events, but also agreed with Mr. Hill on fish fries, but that they should be done by the eatery, and as to beer and wine, he looked at properties on Indian River Drive which close at 8 pm and like to see that incorporated into the eatery provisions, so as not to see a competing commercial enterprise. Ms. Coy agreed the fish fry should come out of the eatery, and said she was ready to sign off without the grant in exchange for one special event. Mr. Hill said the fisherman have to raise funds to improve their property, and said they won't be serving liquor, and the events will help them raise the funds they need for improvements to the property. Ms. Coy responded they are getting a $1 month lease and one event is enough, and the eatery should not have to compete with their events, suggesting they could have their events somewhere else. Mayor McPartlan said he was okay with signing off except for the need for the alcohol insurance. The City Manager said this is not action item, but polled the Council to see how they were inclined to ultimately vote. He offered four options: 1) Lease as proposed with no changes; 2) 20 year lease, one special event, City funded restroom, alcohol insurance; 3) 10 year lease, two special events, City funded restroom, alcohol insurance; and 4) 20 year lease, two parties, City paid restroom, insurance, with an out clause if don't get the grant. He said he did not think FLS would accept #4. #1 — McPartlan and Hill #2 — Coy and Wright #3 — Adams Mr. Wright suggested modifying #4 to say if we don't get the grant we push the construction time out, rather than the deal is off. He suggested five years rather than two if no grant. Mr. Hill asked if the Mayfield Grant has a building time guideline. The City Manager said he thought 2014 or 2015 but was not sure, but the State understands the money issue. CO Regular City Council Meeting February 27, 2013 Page Seven Mr. Wright said he wanted the fish house and the eatery to be successful, and was not concerned about it causing problems if they requested two special events a year. He said the fishing industry is struggling right now to catch a minimum amount of fish, citing costly marina maintenance. Mayor McPartlan called for a recess at 8:23 p.m. and reconvened the meeting at 8:35 p.m. All members were present. The City Manager said he would redraft the lease, send out a draft to everyone next week and place it on the March 13 or 27 agenda. Mr. Wright said he would like to see a staff public workshop like we did for Cavcorp to inform the public and it should not interfere or delay the progress of Council action. Mr. Adams said he would be absent from the March 27th meeting and would like to be in attendance when action was taken on the item. The City Manager said his request was duly noted. The City Clerk asked if he was going to restate the new language or provide it at a later date and the City Manager said he would bring it back later. 13.032 B. Stormwater Master Plan Presentation — Consultant Service Agreement #50 with Neel- Schaffer Inc. in the Amount of $32,500 (City Manager Transmittal, CSA #50) The City Manager said Frank Watanabe of Neel- Schaffer, engineering consultants for the City, recommended detailing some stormwater projects we have undertaken, and memorialize them in an updated Stormwater Master Plan and would provide a presentation. Frank Watanabe gave a Power Point presentation (see attached for specifics), outlined the changes to be incorporated into the 2004 Stormwater Master Plan which was originally prepared by CDM, to include a 2013 drainage model to be approved by St. Johns River Water Management District. Mr. Wright asked if Schumann Lake will be analyzed due to properties with collapsing sea walls. Mr. Watanabe and the City Manager responded that Schumann dredging is not critical in Schumann Lake, that on Collier Creek the City was forced to deal with the walls because dredging was necessary and the walls were on City property. The City Manager said the walls in the area of Schumann are 80 -90% on private property, but if it should need to become a City project, it could be less expensive and be done as an assessment project. He said Elkcam is also on the chart and those are also private walls. Mr. Wright said if the walls are collapsing near Schumann, the City may be able to provide guidance and figure out a better way to fix them. Ms. Coy questioned the quarter round re- evaluation, noting many have been waiting patiently, and was concerned the times may be pushed back. Mr. Watanabe said quarter round helps convey drainage, and he did not think it would change, but we need to hear from St. Johns that it is okay. He said maintenance of the quarter round is the problem and perhaps St. Johns can help educate the public on maintenance. 7 Regular City Council Meeting February 27, 2013 Page Eight MOTION by Mr. Wright and SECOND by Ms. Coy to approve staff recommendations. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 11. PUBLIC INPUT None. 12 NEW BUSINESS 13.016 A. Senior Activity Center Use Agreement (City Manager Transmittal, Use Agreement) The City Manager said this is a simple use agreement and recommend approval. MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 Carolyn Sartain - Anderson, Glen Goodfellow, Lana Williams, Belinda Sommers and Mary McGee, members of the Senior Center Board, gave heartfelt thanks to Council Member Coy for her tireless efforts and members of Council for acting so quickly to give this gift to the community. They thanked City Manager Al Minner and the Public Works Department, under the leadership of Director Jerry Converse, for all their efforts in the construction of the center. Mr. Goodfellow said this City can do many good things right the first time and the Center is one of those things. He said on some days they are at capacity, the growth and need is great and the center is responding. He invited all seniors to come look it over, and reiterated it was all because of the inspiration and foresight of Council for use of a vacant building. 13.029 B. Approve Consultant Service Agreement #49 with Neel- Schaffer, Inc. in the Amount of $14,500 for a Sign Inventory Program (Public Works Transmittal, CSA #49, FDOT & FEMA Required Standards) Frank Watanabe gave a brief update on the need to comply with a new Federal regulation which will require a sign inventory in the event of need for reimbursement for signs lost in a hurricane or other natural disaster, and the best way to accomplish this is with GPS capability. The City Manager said he will offset the cost with sale of surplus property. In response to Mr. Adams, Mr. Watanabe said it should take a few months using young engineers who work for the firm, that the law takes effect June 2014. The City Manager assured Mr. Adams this will be budget neutral and that this agreement with Neel - Schaffer is part of a continuing engineering services agreement approved by Council. Regular City Council Meeting February 27, 2013 Page Nine In response to Mayor McPartlan, Mr. Watanabe said the study will be good for five years, will be in an excel data base and changes can be quickly made. He said he would be happy to train staff how to do this in the future. The City Manager confirmed there is currently no inventory of signs. MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 13. CITY ATTORNEY MATTERS The City Attorney advised Council that he will bring an ordinance to them at the next meeting to amend a 1995 uncodified anti - discrimination ordinance, noting the need for this came to light with the Skillman request for senior housing and that the existing ordinance would have prohibited housing for seniors only. He noted there is a provision in the master plan to promote senior housing so there is a conflict. 14. CITY MANAGER MATTERS The City Manager reported on the Cavcorp public workshop, there was a small turnout, it was essentially positive and feedback was good and he would bring the design to the March 13th agenda for direction from Council. 15. CITY CLERK MATTERS - None. 16. CITY COUNCIL MATTERS A. Council Member Hill Mr. Hill said Little League baseball and softball are in full swing and they are looking for volunteers, and thanked Jerry Converse and Chris McCarthy for the quality job on the fields and said the new drainage project is stellar. B. Mavor McPartlan Mayor McPartlan announced again the Council member head shaving for St. Baldrick's benefit at Captain Hiram's this Saturday. He also announced that LoPresti was holding its first Saturday breakfast to benefit Boy Scouts, and the Boy Scouts would conduct their Pinewood Derby event there that day. He said Little League is in full swing. C. Vice Mayor Wright Mr. Wright noted he would volunteer to be TDC alternate and asked about progress on PACE. The City Manager PACE would be back shortly when a resolution was completed and the City Clerk said there would be an item on March 13th to appoint alternates to three boards. E Regular City Council Meeting February 27, 2013 Page Nine D. Council Member Adams None. E. Council Member Coy Ms. Coy reiterated if people want to see her hair disappear she needs to raise $500 and people can call her otherwise she will buy back her hair. 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 9:25 p.m. Approved at the March 13, 2013 Regular City Council meeting. Bob McPartlan, Mayor ATTE n \ -- Sally A. Mai9, MMC — City Clerk 10 Submitted to City Council, February 27, 2013 by Rich Stringer, Attorney for Fisherman's Landing Sebastian, Inc. Paragraph 3A: "A `Special Event' shall be defined as a regular yearly, or biannual, scheduled activity. 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