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HomeMy WebLinkAbout11132013 MinutesQTY OF LEBMT HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 13, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED CITY COUNCIL MEMBERS The City Clerk administered the oath of office to Andrea Coy, Richard Gillmor and Bob McPartlan, who then took their seats at the dais. The Meeting was called to order at 6:32 pm by Incumbent Mayor Bob McPartlan. 2. Invocation was given by Reverend Lori Hoey, St. Elizabeth's Episcopal Church. 3. The Pledge of Allegiance was led by Council Member Andrea Coy. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill Council Member Richard Gillmor City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Administrative Services Director, Debra Krueger Community Development Director, Joe Griffin Finance Director, Ken Killgore Police Chief, Michelle Morris Public Works Director, Jerry Converse Fleet Manager, Greg Schmidt Stormwater Manager, Tim Walker Network Manager, Rob Messersmith MIS Senior Systems Analyst, Barbara Brooke -Reese Regular City Council Meeting November 13, 2013 Page Two 13.0075. ELECTION MATTERS (City Clerk Transmittal, Certification of Election Results) A. Reading of City Canvassing Board Certification Results by City Attorney The City Attorney read the election results as certified by the Sebastian Canvassing Board (see attached to minutes). B. Call for Nominations for Mayor by Incumbent Mayor - City Clerk Calls Roll on the Nominations if More than One Nomination Mayor McPartlan called for public input and there was none. He then called for nominations for Mayor. Mr. Hill nominated Mr. McPartlan. Mr. Adams nominated Ms. Coy. Ms. Coy thanked Mr. Adams and declined the nomination. Mr. McPartlan was appointed Mayor for a one year term. C. Call for Nominations for Vice Mavor by Newly Elected Mavor — City Clerk Calls Roll on the Nominations if More than One Nomination Mayor McPartlan called for public input and there was none. He then called for nominations for Vice Mayor. Mr. Gillmor nominated Mr. Hill, and there were no other nominations. Mr. Hill was appointed Vice Mayor for a one year term 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor McPartlan requested that Kevin Lowry, Pelican Island National Wildlife Refuge, be provided a few minutes to speak. There was no objection. 7. 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. 13.157 A. National Runaway Prevention Month — November 2013 - Accepted by Sabrina Barnes, Executive Director, and Frank Avilla, Adoptions Marketing Specialist, Children's Home Society of the Treasure Coast Mayor McPartlan read and presented the National Runaway Prevention Month Proclamation to Sabrina Barnes and Frank Avilla. Ms. Jones gave a brief update on the mission of the Children's Home Society and upcoming events. 2 Regular City Council Meeting November 13, 2013 Page Three 13.158 B. National Adoption Awareness Month — November 2013 — Accepted by Sabrina Barnes, Executive Director, and Frank Avilla, Adoptions Marketing Specialist, Children's Home Society of the Treasure Coast Mayor McPartlan read and presented the National Runaway Prevention Month Proclamation to Sabrina Barnes and Frank Avilla. Mayor McPartlan discussed the importance of the Children's Home Society and their efforts on behalf of abused and abandoned children. 13.159 C. City of Sebastian Employees of the Quarter i. Employee of the 1st Quarter 2013 - Terry Reno, Facilities Maintenance Supervisor ii. Employee of the 2nd Quarter 2013 - Merbert "Bub" Milon, Stormwater Utility Supervisor iii. Employee of the 3rd Quarter 2013 - Gloria Brown, Police Dispatch Communications Supervisor Mayor McPartlan presented Terry Reno, Bub Milon and Gloria Brown with Employee of the Quarter plaques, reading bios for each employee (see attached), and congratulating them on their dedication to the City of Sebastian. D. Brief Announcements i. Friday, December 6, 2013 — 5:30 - 8:30 pm Chamber of Commerce Light Up Night ii. Saturday, December 7, 2013 — 6 pm - Sebastian Christmas Parade and Santa House — IR Drive — Main St. to Riverview Park Mayor McPartlan announced the Light Up Night and Christmas parade events. Mr. Gillmor announced the Sebastian River Art Clubs' first show of the season on November 16th in Riverview Park, with proceeds dedicated to ORCA. Mayor McPartlan announced the 'Shop with a Cop' program on December 20th, and the need for volunteers. He said the program fosters relationships between kids and police officers, officers take one to two children assigned to each of them to the local Walmart, and the children shop for their families and themselves. He said anyone wishing to donate or volunteer should contact Ashley Penn at 589-5233 extension 8573. Ms. Coy announced the bell ringing day for Salvation Army on December 7th at Sebastian Walmart where every nickel collected will stay in Sebastian. She said the money will be used to provide meals for our seniors. E. Kevin Lowry, Pelican Island National Wildlife Refuge reported on a Pioneer Festival to commemorate the 150th birthday for Paul Kroegel, who was the first Wildlife Refuge manager, at Fisherman's Landing in Sebastian on January 9, 20114 from 10 am to 3 pm, and said he will report back on December 11th with an update. He said the event will be open and free to the public. 3 Regular City Council Meeting November 13, 2013 Page Four 8. 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 — October 23, 2013 Regular Meeting 13.077 B. Approve Resolution No. R-13-38 - Cross Creek Lake Estates Plat Three (CDD Transmittal, R-13-38, Cross Creek Lake Estates Plat Three, Application, Area 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 THREE, BEING A REPLAT OF TRACT L OF CROSS CREEK LAKE ESTATES PLAT ONE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 13.077 C. Approve Resolution No. R-13-39 - Cross Creek Lake Estates Plat Four (CDD Transmittal, R-13-39, Cross Creek Lake Estates Plat Four, Application, Area 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 FOUR, BEING A REPLAT OF TRACTS R & S OF CROSS CREEK LAKE ESTATES PLAT TWO; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 13.160 D. Approve Expenditure of Police Forfeiture Funds as Required by FS 932.7055(5) (b) in the Amount of $470.77 to Creative Product Sourcing, Inc. and $121.79 to Total Print (PD Transmittal, DARE Invoices) 13.161 E. Approve Purchase of One Ford 350 4x2 Crew Cab Truck from Don Reid Ford for Stormwater Division Under Florida Sheriff's Association Contract Number 13-21- 0904 in the Amount of $31,556 (PW Transmittal, FSA Bid Award) 13.162 F. Authorize Purchase of Three Chevrolet Caprice Police Package Vehicles from Alan Jay Fleet Sales Under Florida Sheriff's Association State Contract Number 13-21-0904 in the Amount of $104,841 (PD Transmittal, FSA Bid Award) 13.163 G. Authorize Purchase of One Ford F250 4x4 Extended Cab Truck from Alan Jay Fleet Sales for Code Enforcement Division Under Florida Sheriff's Association State Contract Number 13-21-0904 in the Amount of $24,548 (PD Transmittal, FSA Bid Award) MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve the consent agenda. Roll Call: Ayes: Gillmor, Hill, McPartlan, Adams, Coy Nays: None Passed: 5-0 rd Regular City Council Meeting November 13, 2013 Page Five 9. 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. 13.164 A. Mayor Appointment of Council Members to IRC and Regional Committees (City Clerk Transmittal, Liaison List) AFFORDABLE HOUSING ADVISORY COMMITTEE (Indian River County) Current Member: Bob McPartlan BEACH AND SHORE PRESERVATION COMMITTEE (Indian River County) Current Member: Richard Gillmor Alternate: Jim Hill ECONOMIC DEVELOPMENT COUNCIL (Indian River County) Current Member: Jim Hill Alternate: Andrea Coy METROPOLITAN PLANNING ORGANIZATION (2 MEMBERS) Current Members: Bob McPartlan & Andrea Coy Alternates: Richard Gillmor & Jim Hill ELECTED OFFICIALS OVERSIGHT COMMITTEE (EOOC) (Indian River County) Member (always Mayor): Sitting Mayor — Currently Bob McPartlan SEBASTIAN RIVER AREA CHAMBER OF COMMERCE (local) Current Member: Andrea Coy Alternate: Jim Hill TOURIST DEVELOPMENT COUNCIL: (Indian River County) Current Member: Jim Hill Alternate: Jerome Adams TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS: (Regional) Current Member: Jerome Adams Alternate Member: Bob McPartlan TREASURE COAST REGIONAL LEAGUE OF CITIES: (Municipalities 4 Counties) Current Member: Richard Gillmor Alternate Member: Bob McPartlan TREASURE COAST REGIONAL PLANNING COUNCIL: (Regional) Current Member: Vero Beach Alternate: Jerome Adams 13.165 B. Assignments to Monitor IRC Commission Meetings — December 2013 through November 2014 (City Clerk Transmittal) December — Council Member Gillmor January — Council Member Coy February — Council Member Adams March — Mayor McPartlan April — Vice Mayor Hill May — Council Member Gillmor June — Council Member Coy July — Council Member Adams August — Mayor McPartlan September —Vice Mayor Hill October — Council Member Gillmor November — Council Member Coy 5 Regular City Council Meeting November 13, 2013 Page Six 13.166 C. Budget Review Advisory Board — Direction for Each Council Member to Select One Representative Member and Two At -Large Members at the December 11, 2013 Regular Meeting (City Clerk Transmittal) Mr. Gillmor announced he would appoint Bill Flaherty. Mayor McPartlan said he would appoint Tim Slaven. Ms. Coy said she was still checking with Dionna Farmer to continue. The current appointees for Mr. Adams and Mr. Hill will remain the same. Formal confirmation of Council appointees and appointment of two at -large members will take place at the December 11, 2013 meeting. 10. PUBLIC HEARINGS (Legislative and Quasi -Judicial) Leqislative Public Hearing Procedures (As approved by R-13-18) 13.145 A. Second Reading, Legislative Public Hearing and Final Adoption of Ordinance No. 0-13-12 - E -Cigarettes — Prohibiting Sale of E Cigarettes and Liquid Nicotine to Persons Under 18 Years of Age (City Attorney Transmittal, 0-13-12) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING SECTION 50-6 OF THE CODE OF ORDINANCES UNDER CHAPTER 50 "HEALTH AND SANITATION" PERTAINING TO THE SALE AND USE OF E - CIGARETTES AND LIQUID NICOTINE AND PROVIDING THEREIN FOR DEFINITIONS, FOR A PROHIBITION ON THE SALE WITHIN THE CITY OF E -CIGARETTES AND LIQUID NICOTINE TO PERSONS UNDER EIGHTEEN YEARS OF AGE, FOR A PROHIBITION ON THE USE WITHIN THE CITY OF E -CIGARETTES AND LIQUID NICOTINE, PROVIDING FINDINGS, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (1st Reading 10/9/13, Legal Ad 10/30/13) Mayor McPartlan opened the public hearing at 7:05 pm. The City Attorney read the ordinance by title. Mayor McPartlan called for public input and there was none. MOTION by Mr. Hill and SECOND by Mayor McPartlan to adopt Ordinance No. 0-13-12. Mr. Gillmor said he was concerned about prohibiting use of e -cigarettes due to their benefit to people who are using them to quit smoking. He asked, in reference to item C, on page 82 of the packet, (c) Use of an e -cigarette where smoking prohibited. The use of an e -cigarette is prohibited at all locations within the City at which smoking is prohibited under Chapter 386, Florida Statutes.", and asked if this applied only to restaurants. The City Attorney responded that it applies to all locations set out in FS 386, which is quite an extensive list. He said the Legislature has preempted unto itself all restrictions relating to smoking, however, this ordinance is before Council because he did not know if e -cigarette use is within the definition of smoking, because of the differences in the way cigarettes and e -cigarettes are lit and smoked. He said we are in the vanguard and it is the early stages of regulation of these products, and in the absence of legislation or a court opinion, Council has the authority to look at this. 3 Regular City Council Meeting November 13, 2013 Page Six Mayor McPartlan said this issue was brought to his attention as a member of the Indian River County Executive Roundtable about the dangers of e -cigarettes, and to by-pass the FDA, which would have to regulate them as a medical cessation product, e -cigarette companies called them a tobacco product. He said they are accessible to children, so allowing use in the parks sends a mixed message to children, because it makes smoking cool again when they see e -cigarettes being used, and they will soon move from e - cigarettes to cigarettes and all in -roads made to stop children from smoking will be lost. He said Indian River County and Vero Beach are following our lead. Mr. Gillmor said he agreed with everything in the ordinance and understands getting it off the store counter, but amended the motion to remove one portion of the sentence in section K "to prohibit the use of e -cigarettes and like products in public places where traditional forms of smoking are already disallowed". There was no second to the amendment. Ms. Coy said many people use the product to successfully quit smoking, though she didn't think children should have any access to the product and they should not see them used in places where cigarettes are not allowed. She said she thought this was fair across the board, and as a smoker does not want to see people puffing and not know if they are using e -cigarettes or cigarettes. She said if e -cigarettes helps people quit, God bless them. The City Attorney offered a technical amendment to read as follows "Section 2. The code of the City of Sebastian, Florida is hereby amended by adding a section numbered 50-6 which said section shall read as follows:" and then continue with the ordinance text. There were no objections to the technical amendment. Roll Call: Ayes: McPartlan, Adams, Coy, Hill Nays: Gillmor Passed: 4-1 13.167 B. Public Hearing (Quasi -Judicial) Resolution No. R-13-36 — Special Exception to LDC Section 54-2-5.3.3(c ) To Allow Qualified Affordable Housing As A Conditional Use Within The Commercial General (CG) Zoning District Specifically for a 7.4 Acre Property (CDD Transmittal, R-13-36, Comp Plan Excerpts, Application, 10-17-13 P & Z Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR QUALIFIED AFFORDABLE HOUSING AS A CONDITIONAL USE IN THE COMMERCIAL GENERAL ZONING DISTRICT SPECIFICALLY FOR A 7.4 ACRE PROPERTY AT 9707 U.S. 1 AND NORTH OF THE PUBLIX SHOPPING CENTER AT U.S. 1 AND BARBER ST., PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor McPartlan opened the public hearing at 7:15 pm. The City Attorney read the resolution by title. Ms. Coy disclosed ex -parte communication, though she said the discussion was not substantive. The City Clerk swore in all who intended to provide testimony. The Community Development Director gave a brief presentation recommending approval for the special exception for the Avery qualified affordable housing project as a conditional use in CG zoning to move from RM8 to 12 density. 7 Regular City Council Meeting November 13, 2013 Page Eight Wayne Sinclair, applicant, Stockton Springs, Maine, formerly of Indian River County, cited partnership with Hal Brown who was in the audience, made a presentation and presented a drawing to Council (see attached), described the proposed project and planned resident programs, noting this is an $18.2 M project, said the project will generate tax revenues for the City and County, that a nationally known building contractor will hire local people for development, and said a management company estimates the facility will need 39 permanent employees. There were no questions from Council. Mayor McPartlan opened the floor for anyone in favor of the request. There was none Mayor McPartlan opened the floor for anyone opposing the request Bernadette Howe said she only had a question, while she agreed with the necessity for affordable housing, surmised when you bring in services such as case management it seems to be an assisted living facility, and asked if there are other requirements for that type of facility. The Community Development Director said as to additional requirements, it was interesting to note that this was before P & Z and they approved 6-1 and a question like this came up, and the developer said this does not comport with a traditional assisted living facility. Ms. Coy asked if it was safe to assume this is just above and beyond senior housing but under assisted living. Ben Hocker, Sebastian, said the items cited indicated it could turn into assisted living and asked why 39 employees would be needed, and asked if the project exceeded the 35 foot height limitation. The Community Development Director said it this turned into an assisted living facility it would constitute a change of use and would have to go back to P & Z, noting this issue before them is not a site plan review at this time, only consideration of a special exception to increase density from 8 to 12 and determine findings of fact. He said P & Z will deal with height during site plan. Ms. Coy said we have been found to be deficient with senior housing, and this is meeting a need. Vicky Suprizio??, home care agency owner, said there are lots of elderly in Sebastian and not enough housing available for them. She clarified she was not opposed. Applicant Wayne Sinclair said this is not an Assisted Living Facility and the facility would not exceed the 35 foot height. The Community Development Director reiterated that P & Z had recommended approval on a 6-1 vote and staff recommends approval. Regular City Council Meeting November 13, 2013 Page Nine MOTION by Ms. Coy and SECOND by Mr. Hill to approve Resolution R-13-36. Mr. Hill said the plan is a fantastic use of a property otherwise difficult to develop, and said we are in need of affordable housing. Roll Call: Adams, Coy, Gillmor, Hill, McPartlan Nays: None Passed: 5-0 11. UNFINISHED BUSINESS - None 12. PUBLIC INPUT (New information or requests to city council not otherwise on the prepared agenda) Bruce Zingman said he is proud of Sebastian, and the 500 Clambake volunteers, and announced that Santa Claus is coming to town on December 7th and invited all churches, schools, clubs, and scouts to join the parade by calling the Chamber of Commerce to register at 589-5969. Mayor McPartlan called recess at 7:38 p.m. and reconvened the meeting at 7:50 p.m. All members were present when the meeting was reconvened. 13. NEW BUSINESS 13.168 A. City Manager Recruitment Process and Appointment of Interim (City Manager Transmittal) The City Manager said he has been in discussions with the City of Leesburg and formally submitted his resignation today as Sebastian City Manager effective December 13, 2013. He said he will have one more Council meeting, thanked Council and said it has been an honor to serve Council, there are a lot of good folks who work for them, that we can be proud of our accomplishments in the last 8'/2 years. He said the first task will be to appoint a City Manager, that he had been asked by a few of them to agendize this item, had purposely been quiet on the subject until today when he officially resigned, was here for the next thirty days to help make the transition as smooth as possible, and can help as much or as little as Council wishes, and is here to answer questions. Ms. Coy said she will not be at the December Council meeting and wants to be part of the discussions, and unless Council wants to call a special meeting, asked do we hire head hunters or do we do it ourselves. She said she hoped she would not be left out of the process. Ms. Coy nominated Joe Griffin as interim City Manager and at least two Council members seconded the nomination and Mayor McPartlan said he agreed. Mayor McPartlan then said the interim City Manager going forward would be Mr. Griffin. Mayor McPartlan then nominated Mr. Griffin to be the next City Manager and this was seconded by Mr. Gillmor. I Regular City Council Meeting November 13, 2013 Page Ten Ms. Coy said Mr. Griffin would be an excellent interim and would be an excellent City Manager, but was not comfortable doing it from the floor, and said she would like to go forward with the same selection process used when Mr. Minner was selected as City Manager, noting she read 90 applications, and we got a really great guy for City Manager. Mr. Hill said he is a huge fan of Joe and fully in support of him as interim but he has not seen his resume though he knows who he is, said the City Manager of Vero Beach was quoted as to the selection process, and one of the ways was to appoint someone and see how they do. He said it would be incumbent on this Council to search inside the organization, but rather than starting contract negotiations with Mr. Griffin at this time, we should move forward with him as the interim and then develop the process in early January going forward to decide whether we are comfortable with an in-house search, or go through ICMA. He said he is comfortable going forward with Mr. Griffin as Interim City Manager, and suggested his name would be at the top of his list for City Manager, but Council should do due diligence and look at all people on the inside and potentially what is out there. Mr. Gillmor complimented Mayor McPartlan on his bold motion, and said he would have made it. He said he started out thinking interim basis and then search to see what is out there, but we have all worked with Joe for four or five years, know his character, and though we have not seen his resume, he is eminently qualified, he is an attorney, and thought that at the end of the day we will spend a lot of time looking at resumes that are pumped up but when you get the goods it is disappointing. He said the process will take six months, the City Manager serves at Council's pleasure, and unless the contract is loaded up with a golden parachute, there is no downside to appointing a City Manager right away because in six months or a year from now, if the person is not fulfilling the job there is nothing to keep us from searching at that time. He said he was very comfortable with Joe Griffin as City Manager in the interim basis and permanently. He said applicants won't apply if someone has the inside track. Mayor McPartlan said Mr. Griffin would be an extremely qualified interim City Manager, he has seen his resume and it is extensive. He said because City Manager selections fall under the Sunshine law, some equally or more qualified individuals may not apply because they are concerned about their Councils being aware. He said a couple of residents think the City Manager was jumping ship because he was looking for another job, but he is just looking to grow himself. He said as far as he is concerned he is very comfortable with Mr. Griffin but if others want to go through the process, we keep it in- house or use ICMA, that Mr. Griffin is as good as gold and he works at the behest of Council and if he's not cutting it, he's out. Ms. Coy said getting someone out once they're in is not fun. She said she has not had an opportunity to talk to Joe Griffin and ask if he even wants the job, that this is nothing against Joe and that he is great, but it is something we should really discuss. She said it has nothing to do with his capabilities. Mr. Hill said it is unfair for any Councilman to say let's hire Joe tonight because who amongst the five of us have sat down and talked to him about his vision for the future of Sebastian or his desires for the City and how he would handle them as a City Manager. He said Joe is a great guy and he knows he loves Sebastian and he is at the top of his 10 Regular City Council Meeting November 13, 2012 Page Eleven list, but it is incumbent for us to sit down and make sure he wants the job, noting we have not even established a job description or salary and benefits. He said he was comfortable with Joe as interim City Manager, but unless the five of them have sat down and had a real long talk with him it would be a disservice. Mr. Adams said he was in favor of Mr. Griffin as interim and would be in favor of him being City Manager, he has proven to be very capable, and the reason is he is here and he has been working with Mr. Minner and knows the projects and the staff and the transition would be seamless, that promoting from within builds morale and would be good for staff. He said he is in favor of him as interim and would also be in favor of him as City Manager. He said if we could stipulate a review in six months and see what happens, but as it is he is favor of him going all the way. Mayor McPartlan asked if it was agreed, we set him as interim City Manager and come back in January, look at Mr. Griffin's resume, sit down with him about his vision for Sebastian, and either stick with him as the permanent City Manager or move on with the process. The City Manager said Council's choice of Joe Griffin as interim City Manager was his recommendation, but Council needs to square up with Joe as interim City Manager on an interim capacity to negotiate an increase in salary, and discuss with him if he should not become City Manager what would be his role so he can have some stability. He said those points should not wait until January and suggested discussing this on December 11th or hold a special meeting in early December to have a conversation about when the interim starts. He said if they want to dub Mr. Griffin interim now that is okay with him. He said again he would like to set up a special meeting in the first part of December to discuss salary and some type of agreement in a public setting, so if it ends up not being permanent that is covered. He said he would like to work with the Administrative Services Department on all options to move forward and said he did not recommend, if they decide to do a search, that they not sit on this until January, but to start the process so staff can get an ad out, and at a quick special meeting decide on the process. Ms. Coy suggested doing it at next week's Board of Adjustment but Mr. Hill said he would not be able to attend that meeting. Mr. Gillmor asked for a point of order and asked the City Attorney how they should proceed, noting there are two motions and two seconds on the floor. The City Attorney said he did not get the second on the nomination for Mr. Griffin as interim, but there was a second for the motion on Mr. Griffin for City Manager, so there is one motion on the floor for Mr. Griffin as City Manager. The City Clerk said Ms. Coy first nominated Mr. Griffin as interim and there were several members who seconded that nomination. Mayor McPartlan called for public input. Ben Hocker, Sebastian, noted the City Clerk is an appointed or Charter officer and asked would an interim City Manager be a Charter Officer or would we have a Charter Officer overseeing the City Manager's position when Mr. Griffin assumes it, and would there be a problem if Mr. Griffin ending up winning the position on the School Board. 11 Regular City Council Meeting November 13, 2012 Page Twelve Mr. Gillmor said he had talked to Mr. Griffin and he said if the possibility of him being interim City Manager or City Manager he would take his name out of consideration for the School Board. Ms. Coy asked if we can call the question, and Mr. Hill said call the question on the interim. The City Attorney requested confirmation as to whether there was a second on the interim motion and the City Clerk said there were many seconds. The City Attorney said then that is the motion on the floor to appoint Mr. Griffin interim City Manager. Roll Call: Ayes: Adams, Coy, Gillmor, Hill, McPartlan Nays: None Passed: 5-0 Mayor McPartlan then withdrew his motion to nominate Mr. Griffin as City Manager. Mr. Gillmor then said he would move to direct Mr. Minner to come up with a package of benefits that we would look at on the 11th, that we would negotiate and come back with a package that we could accept for Mr. Griffin being City Manager. Ms. Coy reiterated she would not be here on December 11th, but to go ahead if that is the motion he wants to make. Mr. Gillmor then said, I move we accept him as City Manager, and that would start the process. Ms. Coy asked if he was saying appoint him as permanent City Manager tonight and he said yes. The City Clerk asked if he was changing his motion and not including the City Manager coming back with a package. Mr. Gillmor said that is how he assumed the process would work and asked the City Manager for clarification. The City Manager said for simplicity, Mr. Gillmor is making a motion to hire Joe Griffin to be the City Manager. He said if that motion so carries, Council would then instruct him and Mr. Ginsburg to draft a contract which would then come back before Council. The motion died for lack of a second. Mayor McPartlan said then Mr. Griffin is the interim City Manager going forward. The City Manager asked Council's permission to speak with Joe Griffin about some parameters and come back to Council and again recommended a quick special meeting. Ms. Coy said she was leaving December 9th. The City Manager suggested a special meeting in the first week of December to go over some interim City Manager parameters and to formally instruct staff as to how it wants to move forward with a search and then Council won't miss any time moving forward. Ms. Coy asked why we can't wait. 12 Regular City Council Meeting November 13, 2012 Page Thirteen The City Manager said it would be his druthers to go forward, to get the process going, because the sooner you can take off the interim title the better for the organization and is better than waiting. Ms. Coy said she liked Mr. Hill's idea to see him in action before we decide. The City Manager said you are appointing a very highly qualified person who has the credentials and knowledge to run the organization right now, so he thought the plan to wait until January will work, but cautioned not to be settled. Ms. Coy said parameters for the interim can be decided on December 11th in her absence but it is the process of City Manager selection that she wants to be involved with. MOTION by Ms. Coy (as stated by the City Manager) that on December 11th the City Manager will bring to Council parameters for Council to discuss, employment conditions with Mr. Griffin as interim City Manager, parameters to be ironed out, when does Mr. Griffin formally start as interim City Manager, suggesting December 12th, talk about salary and benefits in interim capacity, and assurances that no matter where this process ends up he will still be in the employ of the City of Sebastian either as City Manager or Community Development Director. SECOND by Mr. Gillmor The City Manager said the next item is to discuss some parameters as to how your search is going to move forward. Mr. Hill said we don't need a motion, since that is what we already directed. The consensus is that we come forward in January and have the discussion on do we advertise. Ms. Coy said she wanted no surprises while she is away and wanted to continue with the motion. Roll Call: Ayes: Coy, Gillmor, Hill, McPartlan, Adams Nays: None Passed: 5-0 13.169 B. Items for December 5, 2013 Legislative Delegation Meeting at Vero Beach City Hall (City Manager Transmittal, Rep. Mayfield Letter) The City Manager said we will put together a letter to Representative Mayfield. Ms. Coy suggested Lagoon help, ORCA, getting money for Kilroy monitoring devices not made in Canada, and septic systems improvement funding. Mr. Hill said research funding for our Lagoon. Mr. Adams said coastal communities grants for conversion from septic to sewer, and statewide ban of e -cigarettes for anyone under age of 18. 13.170 C. Authorize Staff to Proceed with Soliciting Bank Proposals to Provide Funds for Refunding the City Stormwater Utility Revenue Bonds, Series 2003 and the City's Infrastructure Sales Surtax Bonds Series 2003 and Series 2003A (Administrative Services (Administrative Services Transmittal, Request for Bank Loan Proposals) MOTION by Ms. Coy and SECOND by Mr. Adams to approve. Roll Call: Ayes: Gillmor, Hill, McPartlan, Adams, Coy Nays: None Passed: 4-0 13 Regular City Council Meeting November 13, 2012 Page Fourteen 13.031 D. Approve New Lease Agreement Between City of Sebastian and Crab E Bill, Inc. Subiect to Approval by Florida Communities Trust (CDD Transmittal, Corporate Docs, Lease) The City Manager recommended approval subject to FCT approval of the new lease The Community Development Director said they are getting ready to open up the eatery and are going through permitting, that the rent credits will expire soon, that we need to have a clean lease to FCT for approval, and once approved will be brought back for signature on the ten year lease. MOTION by Mr. Gillmor and SECOND by Mr. Adams to approve the lease. The City Manager asked to amend the motion to approve pending FCT approval and Mr. Gillmor and Mr. Adams included this in the motion. Ben Hocker, Sebastian, said this is a ten year lease using State money or City money, we have spent $4 M plus, we have only one thing, a fish market and we have taken back control of the property and asked why we are not bidding for the concession, but rather locking into a private business. The Community Development Director said the FIND grant will help rebuild the fish house, the project has been constantly moving forward, the museum is being established, and said he takes issue with the statement of waste of tax dollars. Roll Call: Ayes: Hill, McPartlan, Adams, Coy, Gillmor Nays: None Passed: 5-0 13.171 E. Procurement Discussion — Citywide Computer System Upgrade (MIS Transmittal) The City Manager said staff is seeking Council's blessing to move forward on the computer system upgrade as set out in the transmittal, stating we will be better served by use of State contracts, though if Council is not comfortable with that we can move forward to bidding. He cited the vendor preference as we move forward with Dell, with HP as the second best. He said because of the size of the purchase, staff will bring back the item to the December 11th agenda to move forward with purchase approval. MOTION by Mr. Hill and SECOND by Ms. Coy to approve staff recommendation to use State contracts for procurement of computer systems. Mr. Adams recused himself from the vote because of his direct contact with the vendor in his job and advise from the City Attorney to do so (see voting conflict form attached. Ms. Coy asked if Mr. Messersmith had any comments and he said he did not. Ms. Coy noted this was his recommendation. Roll Call: Ayes: McPartlan, Coy, Gillmor, Hill Nays: None (Adams recused himself) Passed 4-0. 14 Regular City Council Meeting November 13, 2012 Page Fifteen 13.172 F. Additional Position Request — Reinstatement of Maintenance Worker II Position in Facilities Maintenance Division and Prepare Appropriate Budget Adjustments from City Manager and Public Works Salary Line Items to Fund Position (Public Works Transmittal) The City Manager said a position was removed from Facilities budget, but the need for the position has become apparent and it needs to be replaced. MOTION by Mr. Hill and Ms. Coy to move staff recommendation. Mr. Adams asked if this position would be better served by a temporary person to save benefits' costs. The City Manager said it would not be practical because it needs certain skills. Roll Call: Ayes: Coy, Gillmor, Hill, McPartlan Nays: Adams Passed: 4-1 13.044 G. Lion's Club 4th of July Agreement — Alcohol Consumption in Riverview Park (City Manager Transmittal, Dr. Norman Meyer Letters) Norman Meyer, Chairman Lions Club, 4th of July Events Committee, requested to allow people to move around during the 4th of July festival with beer in hand and not be required to stay within the corral. Chief Morris said Dr. Meyer had contacted her to discuss this, and the question was what was the difference between this and the Clambake, that the Police Department will be there and it is entirely up to Council. She said at the Clambake everyone who appears under 50 is carded, and all people are carded at the 4th of July event. Mr. Gillmor asked if the beer garden closes at 7 pm and Dr. Meyer said at that time that they would stop selling when the fireworks go off. Chief Morris said at the Clambake they are not allowed to leave Riverview Park with a beer in hand. Dr. Meyer said at the Art Festival they have a beer truck on Indian River Drive. She said there are an average of seven to 14 arrests each year at such events. MOTION by Mr. Hill and SECOND by Mayor McPartlan to approve the request Mr. Hill said this is no different than the Clambake and gives the ability for the Lions to make money. He said the Pelican Island Wildlife Festival also has beer sales. Mr. Gillmor said he recalled that Council approved this but that it was to cut off at 7 pm. Roll Call: Ayes: Coy, Gillmor, Hill, McPartlan, Adams Nays: Gillmor Passed: 4-1 13.173 H. Park Use Discussion - 24 Fit (City Manager Transmittal, Code Sections 74-6 and 74-7. R-10-15) The City Manager recapped a recent occurrence whereby a 24 Fit group started utilizing the east side of Riverview Park three evenings a week for a small group and given the okay by City staff. He said the group grew to exceed 100 people which requires a park use permit and it is verging on 300 which requires Council approval. He cited Code Section 74-6 and 74-7 definitions for park events and special events and its accompanying resolution and said this group has exceeded the requirements and staff 15 Regular City Council Meeting November 13, 2012 Page Sixteen has been getting complaints from other citizens who utilize the park. He said the park use procedures are not geared toward perpetual events such as this. He said he was seeking Council direction as to either not requiring a permit or to permit it and bring back some sort of written agreement and decide whether we want to waive permit fees which, in accordance with established rates, would be $300 per week for their use. Mayor McPartlan said he had a lot of questions, that exercise is great but done by such a large group becomes the problem. He asked if there was any way Parks and Recreation could make it an activity and said he wanted to hear public input. The City Manager said the idea of the in-house activity is a good one but he would not recommend delegating this to Parks and Recreation, since it is a major park use and should go through City Council and the public needs the opportunity to weigh in. Greg Richards, 24 Fit, gave a background on the group which started in 2010 with four people which met at the football field and in Hardee Park until 2012 and then the group came back together in 2013 and 77 people showed up to Hardee Park and in June they talked to City staff. He said since there was no product for sale and no fees they were told to go ahead and use it and right now about 200 people show up at the fit camp. He said they were not aware they were causing any concern but understand they may have impeded use of the sidewalk so they run in the grass now. He said there are no hidden agendas, that people come from out of town and use local restaurants and businesses. He said the workouts are Monday, Wednesday and Friday at 6 pm. Ms. Coy said that the City Manager had told them to stop and Council was unaware of the use until they started receiving emails from 24 Fit members. She said one of her issues was she asked if they were selling anything and was told no by Mr. Richards and she visited their Facebook site and it says otherwise, that for $5 they can buy an Herbalife product for their water and they have pictures advertising the product. Mr. Richards said there was a banner for a while and they have music playing during the workout. He said they do bring a product at people's request. Ms. Coy said that could be sold at their store on CR 512. Mr. Gillmor asked about parking issues and said each person probably drives his or her own vehicle to the workout. He said the only issue he sees is that any group can mobilize and use that space for something, and suggested that maybe they could use the grass parking lot on the south of the splash pad. Mr. Adams asked if they had ever considered using private property. Mr. Richards said they are looking at a site now but it is outside of Sebastian. Mr. Adams suggested limiting users to 100 per day and Mr. Richards said everyone wants to do the workout three times per week. Mr. Hill suggested using one of the fields at Barber Street Sports Complex south of the skate park. He presented a hypothetical situation whereby we are allowing a scheduled gathering at one of our parks three days per week and we would have to say to Pastor Goldsmith that it is okay to teach a large group of people about Jesus three times per 16 Regular City Council Meeting November 13, 2012 Page Seventeen week at one of our parks. He said he had no problem with people exercising but not at the location they are using now. Mayor McPartlan called for public input. Ben Hocker, Sebastian, said a private company is using our parks for $100 per day three times per week as an extension of his business and we should not give our parks over to private enterprise, much as we denied the recent LLC request for a farmers market. Sal Neglia, Sebastian, said he walks his dog everyday and he can't get to that part of the park, said they are moving a bench during their use, that this is our park and should not be used for this. Dr. Roxanne Malone, said she is a member and has never been asked to buy any product, had health problems which have gone away since she started with 24 Fit three months ago and it is the best thing that ever happened to her and her office staff. She said she pays taxes and has a right to use that park. Robert Carey, lifetime resident, said it is wrong for Council to sit there and say people can't use a park, cited large volleyball court groups using the park, that this brings revenue, and said they asked how many people complained and have not gotten an answer. Bernadette Howe, physical therapist, cited statistics about obesity in our State and said 24 Fit is very inclusive of everyone to improve their health and the health of the community. To Ms. Coy she said, the location does not matter to reach those benefits. At 10 pm, MOTION by Ms. Coy and SECOND by Mayor McPartlan to continue the meeting for thirty minutes. All members concurred. Debbie ??, said she considers 24 Fit as a gift and it has helped her in only six weeks and no one has tried to sell her anything. She said she sees this as a vision and benefit for our community. Mary Homan, Vero Beach, said she started 24 Fit in Vero Beach and then came to Sebastian and loves the new location and it is about the place. Mr. Hill said the argument is not whether we think the group is awesome and is changing lives, it is how is staff supposed to handle this in accordance with park rules, which are in place for specific reasons. He said our decisions have ramifications and suggested that if Council allows this location to be used it is not one he would consider three times per week. Mr. Gillmor asked if there should be insurance for a group this size. The City Attorney said this is one of the things the City Manager mentioned and he agreed with his decision to bring this to Council. He said this type of use was not contemplated on a regular basis when procedures were established. He said the City Manager is not looking for an answer but rather insight into how Council feels about this. 17 Regular City Council Meeting November 13, 2012 Page Eighteen Mr. Gillmor said if we do for one group we have to do for another, and suggested looking at something on a temporary basis. Ms. Coy said the times we don't charge a user fee is for non -profits and we turned down another non-profit. She said this park is our crowning jewel and would like to find them a place in the sports complex. Mayor McPartlan suggested going to Parks and Recreation and find them a place where they can work out. The City Manager asked them to leave it with him and Joe Griffin to work it out and Ms. Coy asked if they would report at the next meeting. The City Manager said he would get with Mr. Richards and working within the parameters of the Code seems to be Council's direction. 13.174 I. Native Tackle — Kelly Alonzo — Closing Indian River Drive (City Manager Transmittal) The City Manager cited concerns expressed by Ms. Alonzo regarding her vendors being impeded from getting to her business Native Bait and Tackle by road closures on Indian River Drive. Kelly Alonzo addressed City Council on the problem with foot races, stating she understands the parades and other annual events, whereby her bait vendors will move on if they can't get through to deliver to her business and it is affecting her weekend business when the majority of her business takes place. She suggested the races be moved to another area of or off Indian River Drive or use an escort service for the runners and leave the Cavcorp lot open for boaters. She said business owners should be contacted sooner than the day before the event about road closures. She had 150 signatures on a petition and asked how it is legal to shut down a county road. She said she hoped they could come to some agreement and was advised by her attorney and Mr. Minner to come to Council first. Discussion followed about the race course area starting in the area of the Veterans Memorial to Captain Butchers and back, the numbers of runners being anywhere from 60 to 70 to 300, suggestion to barricade half the road using one side for runners and one side for vehicles to access the business. Chief Morris cited efforts made at the last road race and said no vendors showed up for her business and there were two for Mulligan's. The City Manager said staff is working with these folks and have sat down with businesses, and asked for contact numbers so we know when vendors will come there so we can act accordingly Mr. Hill asked if what the City did had a desired effect, and the Chief said it did with one hiccup due to a race starting later than it was scheduled. Mr. Gillmor suggested closing half the street. Chief Morris said it could work but there may still be some issues with cars on the streets with pedestrians. She said she would have to go down there and check it out. 18 Regular City Council Meeting November 13, 2012 Page Nineteen Mayor McPartlan suggested staff try the same thing it has done going forward. 14. CITY ATTORNEY MATTERS 13.088 A. Pending Litigation Report (City Attornev Memo 11/1/13) 15 16 17 The City Attorney gave his update and included an update on Fisherman's Landing. Time ran out at 10:30 pm and the meeting was adjourned. Remainder of items were not addressed. CITY MANAGER MATTERS CITY CLERK MATTERS CITY COUNCIL MATTERS A. Mayor B. Vice Mayor C. Council Member D. Council Member E. Council Member Approved at the December 11, 2013 Regular Council Meeting. / ,17 / Bob McPartlan, Mayor Attest: L �- Sally A. Maio, M , City Clerk 19 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE Adams Jerome Sebastian City Council MAILING ADDRESS THE BOARD. COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 1225 Main Street WHICH I SERVE IS A UNIT OF: CITY []COUNTY❑OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Sebastian, FL 32958 Indian River DATE ON WHICH VOTE OCCURRED MY POSITION IS' November 13 2013 1 R] ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city. or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative: or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting, and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Jerome Adams , hereby disclose that on November 13 20 13 (a) A measure came or will come before my agency which (check one) ❑ inured to my special private gain or loss: inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: G?yL ;11�1y�271 �:� Ct7-� �l+>G'S �Jii'�'s ;'�• ��,%tet /y cJ Z/ �.�(.i� C G%%% '-LC �' GU � �I 1 �C-� [I LLc.LS �?� t-'/%�1�. /J C.1 Vvl C'{..%� �t"�'� C"//C J GJ'✓7 ii/I/s�i� Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2 CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA We, the undersigned, members of the duly constituted Board of Canvassers for the City of Sebastian, Indian River County, Florida, do hereby certify that we met in the office of the Supervisor of Elections on the 5"' Day of November, A.D. 2013 and proceeded to publicly canvass the votes given for the offices herein specified at the Municipal Election on the 5th Day of November, A.D. 2013, as shown by the returns on file in the office of the Supervisor of Elections. We hereby certify from said returns as follows: For Two Year City Council Member Terris, the whole number of votes cast was (-) , y , of which number (VOTE FOR NO MORE THAN THREE) ANDREA B. COY RECEIVED 1147 VOTES DAMIEN GILLIAMS RECEIVED VOTES RICHARD GILLM®R RECEIVED 11113 VOTES BOB MCPARTLAN RECEIVED VOTES DON WRIGHT RECEIVED 19 VOTES The Canvassing Board certifies that the board has reconciled the number of persons who voted with the number of ballots counted and that the certification includes all valid votes cast in the election. Sally Maio, Se stian City Clerk Canvassing oard Chairman Robert Ginsburg, Sebastian City Attorney 4i, ard Member bastian City Manager ard Member November 7, 2013 01 EMRIOR ELEVATION LOOKING WEST AVEKY WAY 5ENIOK HOU5ING 5EDA5TIAN> FLORIDA DONADIO & Associates, Architects P.A.