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HomeMy WebLinkAbout05082013 MinutesSEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 8, 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. Invocation was given by Reverend David Newhart, St. Elizabeth's Episcopal Church. 3. The Pledge of Allegiance was led by Vice Mayor Don 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 Community Development Director, Joseph Griffin Finance Director, Ken Killgore Senior Planner, Jan King Police Chief, Michelle Morris Public Works Director, Jerry Converse Parks Supervisor, Chris McCarthy MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mr. Wright requested that item 7B of the Consent agenda be removed for discussion. Mayor McPartlan requested that item 12C be moved up to item 7 to accommodate Phil Matson, Indian River County MPO Director. There were no objections from Council on either item. Regular City Council Meeting May 8, 2013 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. 13.069 A. Proclamation — National Safe Boating Week — Accepted by Flotilla Commander Frans Eyberse and Vice Commander Tommy Auqustsson — USCG Auxiliary Flotilla 56 Mayor McPartlan read and presented the proclamation to Commander Eyberse and Commander Bolluck, who explained their mission of educating the public in safe boating. Commander Eyberse invited everyone to attend the activity at the Coast Guard station in Fort Pierce on May 18, 2013 from 10 am to 2 pm, and advised that over the weekends of May 18th and 25th they will be in Sebastian and Vero Beach for safety standards inspections. 13.070 B. Proclamation — Personnel Mayor McPartlan read and presented the proclamation to Sebastian Police Sergeant Acosta, Officer Steve Marcinik, and Corporal Bill Jursik and commended them for the protection they afford the public. Officer Marcinik invited everyone to attend the memorial for fallen officers at the Indian River County Courthouse on Monday, May 13tH 13.071 C. Proclamation — National Foster Care Month — Accepted by Hibiscus Children's Center Mayor McPartlan read and presented the proclamation to Janet Steward, Hibiscus Children's Center, and local foster parent Pastor Seth Goldsmith. Mayor McPartlan, who said he works for the Department of Children and Families, said foster parents are needed and that people can contact him or Ms. Steward for information on fostering or mentoring. Ms. Steward thanked Council for the opportunity to speak and said there was a signup sheet in the chambers in case anyone was interested. She said a positive role model can have an everlasting impact on a foster child. Seth Goldsmith said he and his wife had three biological children and then became foster parents and that just loving a child gets them through and helps them start to blossom. 13.072 D. Presentation of Certificate to Council Member Jerome Adams for Florida League of Cities — "Developing a City Budget" Seminar in Winter Park Mayor McPartlan read and presented the certificate to Council Member Adams. 13.073 E. Presentation by Barbara Hoffman, Director Indian River County Cultural Council and Kevin Landry, US Fish and Wildlife - America's Gatekeeper: The Story of Paul Kroegel Barbara Hoffman and Kevin Landry gave a brief presentation and showed a promo video of "America's Gatekeeper: The Story of Paul Kroegel" which is scheduled to be broadcast here and in Europe. Mr. Landry stressed the importance of protecting the environment such as Paul Kroegel had done and the value of the first wildlife refuge, and then presented a film about Ding Darling to City Council. Regular City Council Meeting May 8, 2013 Page Three F. Brief Announcements ■ 5/11/13 — Post Office Mail Carrier Food Drive — Stamp Out Hunger ■ 5/17/13 -Sebastian Chamber Concert in Riverview Park —Atlantic Bluegrass Band — 5:30 pm to 8 pm Mayor McPartlan read the above brief announcements. Mr. Wright announced the Exchange Club Fishing Tournament which will take place at Captain Butchers from May 31St through June 2nd and said all proceeds benefit victims of child abuse. Mr. Adams announced the 30th anniversary celebration of the North Indian River County Library on May 10th from10 am to 5 pm; McKee Botanical Gardens reduced rates to educators on May 11th in honor of National Teacher Appreciation Week and Mothers Day special admission on May 12th; and the All Aboard Florida meeting at the Havert L. Fenn Center, 2000 Virginia Avenue on May 9th Ms. Coy announced that the Senior Activity Center has obtained a Wii game and will be forming a bowling league with practice beginning on May 18th from 10 am to 1 pm and may be looking for corporate sponsors in the fall. She said that they need extra Wii equipment and if is anyone has any to donate they can call her at 388 -0961. 13.078 C. Discuss US 1 Speed Limit — Phil Matson MPO (No Backup) Phil Matson, IRC MPO Director, introduced himself and explained the composition and responsibility of the Metropolitan Planning Organization, said any topic of transportation can be discussed, and that there are also MPO advisory committees. He said speed limits are set by the agency with jurisdiction over a subject road, in this case FDOT sets speed limits on US 1 and the limits are set based on the speeds that people are traveling at which is derived from the 85th percentile and they don't like to divert from that number. He said we have to see if FDOT can work with us and that MPO will lend its assistance. Ms. Coy, who is a member of MPO, said she wants to discuss speed limits on US 1, that everything they do on MPO points to economic vitality, but if people blast through our commercial district on US 1, it is not pedestrian or business friendly, that Jackson Street is the number one crash site, US 1 runs through a historic district, and US 1 is a designated scenic by -way. She said she hoped MPO could be approached for consensus. She said members of the public have asked to speak, and asked Mr. Matson to define "constrained" in relation to US 1. Mr. Matson responded there are various meanings, and generally it means `does it have potential for widening' and said US 1 could not be widened without potential disruption to the City. He said on the question of whether constraint is a basis for reducing speed, DOT could be approached on this. Ms. Coy said we need to constrain US 1 because widening it would wipe out our whole downtown. Mayor McPartlan said we could make a compelling argument to MPO, they say go and then we can get to FDOT and FDOT could say no. He agreed the limit should be dropped a little bit, but that Mr. Matson says it is in Statutes that FDOT has the say. Theresa Tolle, VP Chamber of Commerce Board of Directors, reported the Board voted to readopt a resolution of support and she read it into the record (see attached). 3 Regular City Council Meeting May 8, 2013 Page Four Lisanne Robinson, resident and business owner on US 1, said this area is our historic district and is on the registry of historic places, which should have some clout with FDOT, cited a petition she started in 2000 and has been ongoing, and said that the business community agrees we need to get people safely to our stores. She read two emails from other business owners who had problems from speeding traffic preventing their customers from doing business. She said she could not see how if 85% of people want to speed FDOT says that's okay, cited lower speed limits for other areas of US 1 and asked why it has to be 40 in downtown Sebastian, citing numerous accidents and stating we need US 1 to be more pedestrian friendly. Joann White, Sebastian, pedestrian and biker, said there is a biking group that gets together locally and when crossing US 1 they feel for their lives, that even the walking pedestrian signs are very fast. She said this is a small town community but we feel we have an expressway going through it, noting she has seen people trying to run across US 1, and since we are trying to encourage greenways and US 1 is part of it we need to slow it down. Ms. Coy asked if there was an MPO committee on greenways and Mr. Matson said it is the Bicycle and Pathway committee of MPO. Ms. Coy asked if we could get that information to Ms. White. Ms. Coy also noted there is a vacant position on the Transportation Disadvantaged Board. Mr. Matson described the board function and said most members are not from Indian River County but are from social services organizations. Ms. Coy asked if we could get an advertisement out. Mayor McPartlan said he was recently appointed to the board. Mr. Matson said the open position is for someone age 60 and up and a resident. Ms. Coy suggested we write a letter to MPO to seek assistance. The City Manager said we have requested FDOT to conduct surveys more than once and have been denied. He said Ms. Coy has suggested another angle by going through MPO, we now have an updated resolution from the Chamber of Commerce business community, and suggested Council adopt a resolution to the MPO and state the facts of what we have done and reasons for the need for a reduction, seek a vote from MPO, then work with County traffic engineering staff to assist us in going before FDOT. He said he would prepare and place an item on the May 22nd agenda for adoption of a resolution to take to the July MPO. MOTION by Ms. Coy and SECOND by Mr. Wright to agendize a resolution to lower the speed limit on US 1 to be sent to MPO. Mayor McPartlan said he would also like to see accident reports with numbers and severity and what enforcement is taking place on US 1. The City Manager said there is speeding going on but noted that studies conducted do not show we have a major speeding problem or that it is out of control. Ms. Coy said we may want to amend the motion to make US 1 through Sebastian an officially constrained highway. Mr. Matson said in terms of a long range plan there is no plan for widening US 1. The City Manager said he would include language to that effect in the resolution. 2 Regular City Council Meeting May 8, 2013 Page Five Mr. Hill said we have been working on this issue for at least a decade with installation of bump outs, stamped crosswalks and while he appreciates trying a new angle with MPO, it needs to be known we have not been sitting on our hands. Mr. Wright suggested we make sure there is enforcement being done when FDOT does its survey. Mr. Adams said people do as much as they think they can get away with until they get caught and that we need enforcement. Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill Nays: None Passed: 5 -0 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 — April 24, 2013 Regular Meeting 13.074 B. Award Annual Concrete Contract to Capp Custom Builders of Sebastian (Public Works Transmittal, Bid Documents and Tabulation, Agreement) 13.075 C. Wayfinding Signs - Waive Formal Bidding Procedures and Accept Fee Proposal from Baron Sign Manufacturing in the Amount of $17,550 with Concrete Work by City Annual Concrete Contractor for $1,000 (Public Works Transmittal, Baron Email, Engineering Plans) Mr. Wright previously removed item B for discussion. Mr. Adams removed item C for discussion. MOTION by Mr. Hill and SECOND by Mr. Wright to approve consent agenda item A. Roll Call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed: 5 -0 Item B — Annual Concrete Bid Award to Capp Custom Builders Mr. Wright referenced a visit he had from Zella Lahann who was with Cardinal Points Construction regarding their concern that they were the low bid and were not selected, and a letter from Eric Lahann was received this afternoon citing their contention that the objections to their attaining the contract as the low bidder were items easily resolved, but there was no communication to give them the opportunity to correct these areas. Mr. Wright said in his conversation with the City Manager the reasons given for rejection of the bid was that Judd Bailey Concrete had an exemption from workers compensation which we do not accept, noting however, that when we bid pest control we went back to Ameron Pest Control and allowed them to obtain workers compensation insurance, so in practice we have communicated with bidders in this regard. He noted a letter from Cardinal was submitted with their bid at the request of City staff regarding Cardinal's intention to put Judd Bailey in charge of all field operations, and once incorporated it would be their intention to turn the bid to Mr. Bailey with the City's approval. He said he did not think it was reasonable to throw this bid out, but today's letter from Cardinal Points indicates they do not plan to pursue this any further. He said the company feels it was not treated fairly and this is not to the City's credit. 5 Regular City Council Meeting May 8, 2013 Page Six The City Manager responded that this was a bid process, less flexible than an RFP process, we go with the lowest and best bid, and it is generally seen as the fairest process. He said this bid had irregularities, and was rejected for two reasons; 1) the issue with who is the contractor; and 2) lack of workers compensation insurance. He said the letter submitted on April 22nd either as requested by staff or requested by staff for clarification, was not approved by the City Attorney or City Manager, who would have said said that it was an improper process, the proper process being that the company pledging to do the work provides the bid. He said what is uncommon is one company using another person to represent their company and then have it be reassigned. He said doing this tells them that the company that is going to do the work is not properly licensed and using someone else's license to work themselves into a bid process, and if properly licensed they wouldn't need this caveat. He said he did not find out about the irregularity until after the bid process ended, offered his apologies, had no plan to discipline staff, it was our mistake but it does not clear up the initial issue which is -- were they properly licensed to submit a bid, and his determination was that Cardinal needed to be the contractor, and then deal with the reassignment, and that is not the way Mr. Bailey wanted to move forward. He said Council has been very clear on requiring workers compensation above and beyond what State Statutes requires, and they did not meet that standard. He said this was a competitive bid, Cardinal was at $2.15 and Capp was $2.80. He said he talked to Mr. Bailey on Monday to inform him of the reasons the bid was rejected and told him he had a right to petition Council, advised him to let Cardinal be the flagship and provide workers comp, and that he had spoken to most members of Council about the matter. He said at 5 pm today the City Clerk had provided a copy of a letter dated May 8 from Cardinal that stated the issues of the protest, but the letter also stated they were no longer going to pursue the matter. He said Mr. Bailey has worked diligently to get into our procurement process but in this case he had let his licensing and insurance lapse, he had the time to go back and get those things reinstated, there were mistakes on both sides, and the right decision was to reject this bid and go to next low bidder, Capp Construction. Mr. Wright said he appreciated the explanation, there was an implication the City was showing favoritism to Capp and knew this was not the case, said this is a one year contract and it is important they understand what our standards are and hoped the City Manager will send a letter with the reasons. The City Manager said it is not our normal process to send out letters to bidders but if Council would like him to, he will send a letter to Mr. Lahann of Cardinal Construction, said it is a frustrating situation because staff has worked with Mr. Bailey and he is a long time reputable contractor, but his recommendation stands. He said he was prepared to change his recommendation if Mr. Bailey appeared. He said he thinks Council needs to rethink the workers comp issue. MOTION by Ms. Coy and SECOND by Mr. Wright to award the annual concrete bid to Capp Custom Builders. Mayor McPartlan asked for the City Attorney's legal opinion. The City Attorney said the City got a bid from a company whose clear intent was not to do the work, and it was considered an unresponsive bid. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Wright Nays: None Passed: 5 -0 3 Regular City Council Meeting May 8, 2013 Page Seven Item C — Wayfinding Signs Mr. Adams asked for an explanation on the City Manager's recommendation on Barron's. The City Manager responded the bids received were uncompetitive, it was rebid and still we had no responses, then we sought quotes which have been provided. He said the architectural feature will be installed on the Indian River Drive signs as donated by the Sebastian Fine Arts Board. MOTION by Ms. Coy and SECOND by Mr. Adams to approve item C. Roll Call: Ayes: Coy, Hill, McPartlan, Wright, Adams 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. 13.076 A. Natural Resources Board i. Interview, Unless Waived, Submit Nomination for One Unexpired, Alternate Member Position — Term to Expire July 1, 2015 (City Clerk Transmittal, Application, Ad, Roster) The City Clerk noted there was only one application for the unexpired alternate member position. He was not in attendance. MOTION by Ms. Coy and SECOND by Mr. Wright to appoint Richard Eberle to fill the position. Since he was the only applicant and nominated, he was automatically appointed. 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS - None 11. PUBLIC INPUT Louise Kautenberg, Sebastian, Board of Directors, Sebastian Fine Art and Music, Inc. thanked the City for the way finding signs. Mayor McPartlan called recess at 7:57 pm and reconvened the meeting at 8:10 p.m. 12. NEW BUSINESS 13.077a A. Resolution No. R -13 -08 Approving Final Plat for Cross Creek Lake Estates 47 -63 Plat One (Community Development Transmittal, R- 13 -08, Plat One, Application, MBV Certification Letter, Guarantee of Sidewalk Construction Agreement, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES PLAT ONE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 7 Regular City Council Meeting May 8, 2013 Page Eight The City Attorney read Resolution No. R -13 -08 by title only. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Resolution R- 13 -08. The Community Development corrected a typo on the first paragraph of each agenda transmittal in the last sentence of first paragraph to change 12.16 to 1.16 units per acre. Mr. Hill added "as amended ". Ms. Coy thanked them for the Powerline Road improvements. Roll Call: Ayes: Hill, McPartlan, Wright, Adams, Coy Nays: None Passed: 5 -0 13.077b B. Resolution No. R -13 -09 Approving Final Plat for Cross Creek Lake Estates 64 -78 Plat Two (Community Development Transmittal, R- 13 -09, Plat Two, Application, MBV Certification Letter, Guarantee of Sidewalk Construction Agreement, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES PLAT TWO; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R -13 -09 by title only. The Community Development said the same typo needs correction. MOTION by Mr. Wright and SECOND by Ms. Coy to approve Resolution R- 13 -09. Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill Nays: None Passed: 5 -0 13.078 C. Discuss US 1 Speed Limit — Phil Matson MPO (No Backup) This had been moved to item 7. 13.015 D. Preliminary Review of Solid Waste Collection Services Franchise Proposals (City 79 -82 Manager Transmittal, Financial Comparison, Committee Ranking) The City Manager gave a power point presentation on the RFP and described the selection process, which resulted in rankings virtually the same for Waste Management and Waste Pro, which then resulted in further negotiations with both as set out in the bid specs. He explained the five ranking criteria, discussion of concerns by the proposers for language in the City's proposed franchise agreement that did not protect them from individuals leaving trash to be picked up in others' yards and the City's assurance that this would be included, which limits to 64 gallons. He said Waste Management initially gave us an option for waste bins for additional money and as we got into Waste Pro's presentation, they agreed to provide the bins for free. He said collection bins became a point as well as a CNG fueling station. He said Waste Management showed the most flexibility during negotiations, and increased the residential slightly but still remain under the current rate and agreed to provide bins and also reduced their commercial rate, so that their financial proposal was the best. He said as to a CNG facility in Sebastian, both agreed but for Waste Management it is if they renew with Indian River County by 2015, Regular City Council Meeting May 8, 2013 Page Nine and with Waste Pro it is if they are awarded the Indian River County franchise, that Waste Pro committed to CNG trucks by Oct 1, 2013 and Waste Management the same CNG trucks by Jan 1 2015. He said on recycling, in his opinion, Waste Management had a better proposal with the five solar compactors and annual events. He said the focus was on cost to residential and commercial customers, with Waste Management there would be no transition period, and he recommended Waste Management be awarded the franchise. He said he had asked both companies to be at the meeting and they are prepared to make presentations. He said he feels confident that Waste Management has the best proposal and whatever firm they select, staff is very excited going forward. He advised with Council's authorization, he will bring forward a franchise ordinance for May 22nd with public hearing on June 12th. He said the non - containerized rate is a commercial rate for those who don't have dumpster and there are currently only 12 customers. MOTION by Mr. Hill and SECOND by Ms. Coy to authorize staff to prepare a solid waste franchise ordinance with Waste Management subject to new terms and conditions, the ordinance will then be formally considered at first reading on May 22, 2013 regular meeting. The City Manager briefly explained the 64 gallon bin system, which will be provided by Waste Management by October 1 st to its customers. Mr. George Geletko, Waste Management, in response to Ms. Coy, said if stolen the bins have chips to identify them. Ms. Coy said this is a huge plus for the City and thanked both companies. She said it is horrible that people steal service and knew because someone left trash at her house to be collected. She said this has been a winner for the City and said Waste Pro had gone above and beyond as well. The City Manager said the City will draft its ordinance to make sure a customer's trash is picked up even if it exceeds the 64 gallons at times, and the City can pitch in as well if need be. Mr. Hill said these are two good companies with great proposals, and Waste Management has been a good partner for ten years and as close as they were, they deserve another five years and that bins may encourage more recycling. He said he was very excited to continue with Waste Management and respected Waste Pro's proposal. He said he was involved ten years ago with this process and this was a much smoother process. Mr. Wright thanked both companies for their proposals, said he was pleased with the CNG trucks and filling station idea, and asked if the one day event for white goods, electronics, and paper would be free, and the City Manager said it is in the rate and Mr. Wright noted customers will pay for all residents to utilize the events. He said he hoped there was an effort to get more citizens in the City to sign on to solid waste pickup and perhaps we could end up with an even lower rate. Jerome Adams, asked, for the CNG facility, would they be our tenant or just be using our property, and the City Manager responded they would be our tenant with zero lease rate with cost and revenue sharing. M Regular City Council Meeting May 8, 2013 Page Ten Mr. Geletko demonstrated and explained how the solar trash containers operate and allow for advertisement. He then thanked them for their consideration and said they have been here for 45 years. Roll Call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed: 5 -0 13.079 E. Presidential Street Project Final Update — Consider Coolidge Street Addition 83 -89 (City Manager Transmittal, Preliminary Cost Estimates Draft, Engineering Drawings) The City Manager gave a brief explanation, stating this will be a good opportunity to expand the project to add Coolidge Street, and sought direction to either move forward as is, or ask Frank Watanabe with Neel- Schaffer to do a little more engineering to add Coolidge into the project before we go out to bid, and if we do that, funding can come from Cavcorp project savings in the CRA. MOTION by Mr. Wright and SECOND by Mr. McPartlan to go out to bid with the project expansion. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Wright Nays: None Passed: 5 -0 The City Manager said he would come back to Council with a contract to award unless the numbers are crazy, in which case he would be back to them sooner. 13.080 F. Consider Purchase of 12900 US 1 for Cemetery Expansion (City Manager 90 -100 Transmittal, Property Map, Proposed Contract) The City Manager said he had been contacted by John King, Crown Realty, who represents the seller of a 1.4 acre property north of the cemetery, he had discussed this with the Clerk and they agree there are approximately 10 -15 years left of burial and niche space on the existing property, and if we don't expand we will cease operation and become maintenance only. He said with this property we could expand up to potentially 50 years and he did not think they would see a competitive a price in ten more years. He said the offer is $300K and appraised at $375K, it can be purchased with cemetery trust fund money which comes from cemetery sales which has a current balance of $975K, though only a percentage of the trust can be used for capital purchases, so we may need to adopt an ordinance to change the provisions of the trust fund. He said there is currently $275K available without changing the trust fund language. He further explained the intent of the cemetery trust fund provision to provide for perpetual care, but said it makes sense to use some of the funds for capital improvements to the cemetery. He requested authority to provide a $10K deposit to give him a month to research the use of the property and make sure it makes sense, and if we decide it does not, the deposit will be refunded. He said if Council wishes to move forward, and the purchase is feasible, he will bring something back to a special meeting or the May 22nd meeting. MOTION by Mr. Adams and SECOND by Mr. Wright to approve. Mr. Wright said the price is less than the property appraisal, and he is optimistic that property prices will continue to rise so this is the right time to make this purchase. Roll Call: Ayes: Coy, Hill, McPartlan, Wright, Adams Nays: None Passed: 5 -0 10 Regular City Council Meeting May 8, 2013 Page Eleven 13.081 G. Consider Accepting Donation of 922 Rose Arbor (City Manager Transmittal, 101- 109 Property Map, Vacant Land Contract) The City Manager said he had been approached by the estate of the owner of a property at 922 Rose Arbor which abuts the Garden Club Park with the lower quarter of it in the Garden Club Lake. He requested authorization to accept the donated property, conduct a title search, pay the 2012 tax bill in the amount of $290, pay closing costs in the amount of $457.50 and possibly the 2013 taxes at approximately $150. He asked for authority up to $1500 in the event there are any liens or outstanding taxes. He said the estimated value of the lot is $12,500. MOTION by Mr. Hill and SECOND by Mr. Wright to approve. Mr. Adams said he did not see that we were in dire need to acquire this property and did not think we should be paying the costs. The City Manager said that was his initial reaction, but the property owners' concern was that the lake was leaking onto their property and that's what changed his mind. Mr. Wright said a $12500 value for $1500 is a good deal and we can expand our park. Mr. Hill said he would agree if this were not contiguous to another city property and the City Manager said if our lake didn't encroach he would not be interested. Mr. Adams said they knew the lake was there. Mr. Hill said the property owner is not here, it is an estate being settled and $1500 is a great deal for the City because of the park. Roll Call: Ayes: Hill, McPartlan, Wright, Coy Nays: Adams Passed: 4 -1 13.082 H. American Infrastructure Development, Inc. (AID) Work Orders 1 & 2 - Main Street/ Airport Drive East Access Road Proiect in the Amount of $124,201.76 (Community Development Transmittal, Work Orders 1 & 2) The Community Development Director described the two phase improvement project and noted an error on page 112 where the last bullet point in the second paragraph in the general scope should read "FAA Grant Assistance ", and recommended approval. MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve. Ms. Coy reported that Ophelia Sherman ultimately did not agree to the property exchange and the Community Development Director thanked Ms. Coy for her efforts. In response to Mr. Adams, the Community Development Director said the $600K FDOT grant is in place, the $275K CIT fund is in place, and he is anticipating another $600K grant from FAA, but is not committed to apply for it without the bids being submitted. Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill Nays: None Passed: 5 -0 13. CITY ATTORNEY MATTERS The City Attorney said he will have a litigation status update on the next agenda. 11 Regular City Council Meeting May 8, 2013 Page Twelve 14. CITY MANAGER MATTERS - None 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Hill - None B. Mavor McPartlan - None C. Vice Mavor Wriaht Mr. Wright announced that there is a newspaper article regarding County action on the Ocean concrete issue, that Bob Keating is saying it is not question of approving or not approving but a question of ownership and because the property is now in the hands of the finance company there is no longer an opportunity for Ocean concrete property to be developed as a concrete plant. He commended recently deceased neighbor Rex Nelson who worked hard to keep the concrete plant away from the residential district and said this is a tribute to his work. D. Council Member Adams Mr. Adams said since we are close to budget time, maybe it is time for us to have our executive session to see where we would like to be with bargaining units. Mr. Wright said we are close but there are no numbers from the Property Appraiser yet. The City Manager said it may be time for Council to have executive session on collective bargaining strategy to make sure we have a consensus, and we should be in discussions with the unions by mid June or early July. The City Attorney said he will work with the City Manager and Mayor on this, and the City Manager said he would get back to Council. E. Council Member Coy Ms. Coy again announced the need for Wii bowling equipment for the senior center. 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 9:25 p.m. Approved at the May 22, 2013 Regular Council Meeting. By: Bob McPartlan, Mayor Attest: Sally . Maio, C, City Clerk 12 EXHIBIT "A" Resolution in Support of Reducing the Speed Limit on US Highway One in the Business District of the City of Sebastian The Sebastian River Area Chamber of Commerce Board of Directors met on May 8, 2013 and proclaimed the following: WHEREAS, the Sebastian River Area Chamber of Commerce supports business development and promotes tourism in the area; and WHEREAS, the Chamber believes that the reduction of the speed limit on US Highway One from Jackson Street to County Road 512, would enhance the safety of drivers, pedestrians, tourists, visitors and resident, and property in the area; and encourage economic growth in the City; and WHEREAS, the City of Sebastian had dedicated substantial resources and taxpayer dollars to calm the traffic in the business area, enhance the pedestrian safety, and beautify the US Highway One corridor; and WHEREAS, Florida Statutes 316.189 provides for a speed limit minimum of 30 miles per hour on all county and municipal streets or highways, in any business district, however the minimum of 40 miles per hour is established for highways under the jurisdiction of the Department of Transportation; and WHEREAS, US Highway One traverses the entire business district which is also the designated Community Redevelopment Area within the City of Sebastian; and WHEREAS, US Highway One is federally designated by the Department of Transportation as a National Scenic Highway through the City of Sebastian; and WHEREAS, roadside development and land use are two established criteria for the Department of Transportation to consider in adjusting the speed limit; and WHEREAS, a reduction of the speed limit from Jackson Street to County Road 512 on US Highway One could reduce the number of and severity of accidents along US Highway One; Now, therefore, on this 8t' day of May, 2013, the Sebastian River Area Chamber of Commerce Board of Directors resolves their support of the reduction of the speed limit on US Highway One in the Sebastian area. al-t (L �- Debbi Vickers, Chairman of the Board Signed this 8th day of May, 2013 4