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HomeMy WebLinkAbout03122014 MinutesancF SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 12, 2014 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor MCPartlan called the Regular City Council Meeting to order at 6:36 p-m. 2. Invocation was given by Reverend Dave Newhart, St. Elizabeth's Episcopal Church. 3. The Pledge of Allegiance was led by Johnny Giordano of Boy Scout Troop 500. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice Mayor Jim Hill Council Member Jerome Adams Council Member Andrea Coy Council Member Richard Giilmor City Staff Present: Interim City Manager, Joe Griffin City Attorney, Robert Ginsburg City Clerk, Sally Maio Finance Director, Ken Killgore Police Chief, Michelle Morris Senior Planner, Jan King MIS Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS None. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 14.051 A. Rehman. Robson — City Auditors - Presentation of Fiscal Year 2093 Comprehensive Annual Financial Report (CAFR) and Annual City Audit by City Auditors, Margo Lind, Senior Manager, Rehmann Robson (Administrative Services Transmittal, RR Letter, CAFR Under Separate Cover) Margo Lind, Rehman, Robson, gave a brief presentation on the City of Sebastian FY 2013 CAFR, noting that the auditors gave a clean opinion, with only one comment which was that the FS 60 day filing for the 4t" quarter budget amendment was missed by ten days. She said that Administrative /Finance staff does a fantastic job. Council thanked them for their presentation. Regular City Council Meeting March 12, 2014 Page Two B. Brief Announcements i. 3/15/14 — Pelican Island Wildlife Festival in Riverview Park —10 am to 4 pm ii. 3119/14 — IRC Utilities Department Public Workshop in City Chambers — North County Sewer - 6 pm iii. 3/22/14 — Sebastian River Art Club Show in Riverview Park —10 am to 4 pm Mayor McPartlan read the above announcements. Ms. Coy warned that a group called "Veterans Support Organization" showed up at area businesses collecting money, are the worst of worst to give your money to, and are being investigated. She said the CEO lives in Stuart and makes $250K per year, and that last year they collected over $8M and only gave approximately $300K in grants to veterans. 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 26, 2014 Regular Meeting 14.010 B. Approve and Authorize Mayor to Execute Certificate of Acceptance of FDLE /JAG Grant Contract No. 2014 - JAGD - INRI -2 -E6 -092 in the Amount of $3,878 (PD Transmittal, FDLE Letter 2/17/14, Certificate of Acceptance) 14.052 C. Purchase Stormwater Equipment for Airport Utilizing Approved FDOT 80/20 Grant and FY 14 CIP Stormwater Budgeted Funds as Follows: 1. Award City Bid 13 -17 for Bobcat- Toolcat 560OF to Low Bidder Bobcat of Orlando in the Amount of $48,396 2. Purchase John Deere 6115M Cab Tractor from Everglades Farm Equipment, Inc. in the Amount of $73,901.88 Under State of Florida Contract #760 - 000 -10 -1 3. Purchase John Deere 997 Mower from Everglades Farm Equipment, Inc. in the Amount of $15,378.44 Under State of Florida Contract #760- 000 -10 -1 (Transmittal, Purchase Approval Email from FDOT, COS Bid 13 -17 Results, FL E- Procurement Service 760 - 000 -10 -1, Vendor Quotes) MOTION by Mr. Hill and SECOND by Ms. Coy to approve the consent agenda. Roll Call: Ayes: Gillmor, McPartlan, Hill, Adams, Coy 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. Mayor McPartlan reported on the MPO meeting he and Ms. Coy attended, noting that a 2014 FDOT City and Highway Rankings Traffic Safety report shows Sebastian with the 2nd lowest number of fatalities from traffic accidents, and reported on the Environmental Impact Study (EIS) for the planned All Aboard FL passenger high speed trains coming up the east coast. He said they were advised we need to be aware and participate in the process. R) Regular City Council Meeting March 12, 2014 Page Three Ms. Coy suggested an agenda item to talk about the ways we can prepare for this, due to our historical buildings and districts, said the EIS is where you mitigate for any damage that may occur and if we need to have input. He said communities up and down the rail should be uniting in this activity and that we need to identify our needs. Mayor McPartlan said this will be added as a regular agenda item for MPO going forward, and noted the gentleman who gave the presentation said we should partner with other communities and counties along the way. 9. PUBLIC HEARINGS 14.053 A. Resolution No. R -14 -02 — Special Use Permit to Allow Sebastian Christian Church Columbarium (CDD Transmittal, R- 94 -02, Staff Report, P & Z Minutes, Application, Site Plan, Building Elevations) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR A COLUMBARIUM IN THE PUBLIC SERVICE ZONING DISTRICT, SPECIFICALLY FOR THE SEBASTIAN CHRISTIAN CHURCH PROPERTY LOCATED AT 190 DAY DRIVE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor McPartlan opened the quasi-judicial hearing at 6:50 p.m. and the City Attorney read Resolution No. R -14 -02 by title. No ex -parte communication was disclosed. The City Clerk swore in all those who intended to offer testimony. Senior Planner, Jan King, presented staff findings and analysis for the columbarium, which, because it is not addressed in the code, requires a special use permit, cited Planning and Zoning Commission approval of the site plan in three phases, that the columbarium is a part of the planned memorial chapel, and P & Z, at its hearing on the columbarium in February, had approved on a vote of 6 -1 and recommend approval by City Council. Amy Banoff, Banoff Architects, on behalf of Sebastian Christian Church, gave a brief presentation on the planned accessory structure chapel, which is 100 feet from property lines, and includes a columbarium which will hold niches for cremains, and is not a mausoleum or cemetery and will not be visible from any adjacent streets or property. She noted that many churches in Indian River County have columbariums and they are exempted from regulations by FS 497.260. She requested approval. Mayor McPartlan called for public in favor and opposed and there was no input requested. The Senior Planner again requested approval of the request. Mr. Adams asked if anyone from the church was present. Scott Taylor, member of the Church since it opened in 1997, said he represented Church leadership and they fully support the memorial chapel including the columbarium, noting many of them have loved ones' cremains. MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve Resolution No. R- 14 -02. Regular City Council Meeting March 12, 2014 Page Three Mr. Adams asked if there had been any communications with residents in the area and what their feelings were. Ms. King said they sent hearing letters out and there were no responses. Mr. Adams said he had concerns due to proximity to schools and residences, and traffic from people visiting their loved ones resting places. The Interim City Manager said there is an adjacent school but it is on the opposite side of the property from the memorial chapel. He said School Board member and liaison to Planning and Zoning, Dale Simchick, brought up some issues, and the site plan showed no problem. He said during construction, steps will be taken to protect school children. Ms. King said the Banoffs were also key players in the construction of the Sebastian Charter Junior High School addition on Wave Street, and they were able to keep the school open during that time. She said Ms. Simchick had expressed concern about bus traffic, but there will be no additional impact to the site; noting the chapel is next to a wet retention pond. Ms. Coy said this property is much larger than the Wave Street site, and Mr. Adams said he still has concerns. Mayor McPartlan asked what impact there is on traffic at the Sebastian cemetery. Roll Call: Ayes: McPartlan, Hill, Coy, Gillmor Nays: Adams Passed: 4 -1 10. UNFINISHED BUSINESS 14.045 A. Presentation by Robert Bolton, Vero Beach Water and Sewer Director — Modified /Combined Septic Tank Effluent Pump (STEP) Systems - Resolution No. R -14 -03 (Transmittal, Talking Points, R- 14 -03, PP Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, EXPRESSING SUPPORT FOR A LEGISLATIVE AMENDMENT TO FLORIDA STATUTE SECTION 381.0065, ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS REGULATION, TO FACILITATE THE USE OF MODIFIED /COMBINED SEPTIC TANK EFFLUENT PUMP (STEP) SYSTEMS, ALLOWING FOR AN AFFORDABLE MODIFICATION TO SEPTIC TANKS THEREBY REDUCING SEPTIC TANK EFFLUENT REACHING THE GROUNDWATER AND REDUCING NUTRIENT LOADINGS TO THE INDIAN RIVER LAGOON; FURTHER PROVIDING CONSISTENCY AND CLARIFICATION BETWEEN EXISTING SEPTIC TANK REGULATIONS PROMULGATED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE FLORIDA DEPARTMENT OF HEALTH; URGING THE FLORIDA LEGISLATURE TO ADOPT SUCH LEGISLATION AND GOVERNOR RICK SCOTT TO SUPPORT AND APPROVE SUCH LEGISLATION; PROVIDING FOR AN EFFECTIVE DATE. Robert Bolton gave a Power Point presentation on the STEP system (see attached). A few key points were that Sebastian has 8000 septic systems, to use this system FS Section 381.0065 has to be amended; that Representative Mayfield and Senator Altman have crafted bills (SB 1306 and HB 1055), and if passed, Vero Beach will enter into an agreement with that State that they will allow residents to connect when they have septic failure but provide a sunset date. He outlined the costs involved including a mandatory assessment for a 2" pressure line at $600 payable over 20 years, and briefly cited a DEP 4 Regular City Council Meeting March 12, 2014 Page Five and DOH conflict which is being worked out. He said Vero Beach had passed a resolution requesting statute amendment as have other agencies. Ms. Coy said she understands the need in Vero Beach because of the huge trees and root systems, that Sebastian is not looking at this right now but it can be a tool in the toolbox and if Vero needs the tool she has no problem supporting it. Mr. Bolton said this type of system is best geared to existing residential areas with septic and may be a better cost benefit in the future. Mr. Gillmor cited his property in the Keys where a vacuum sewer system was installed and was quite a mess during construction, can see the benefits of this type of system and questioned the costs cited. Mr. Bolton said he tends to go a little higher on his estimates but it may end up being less money. Council thanked him for his presentation. The City Attorney read Resolution No. R -14 -03 by title. MOTION by Mr. Adams and SECOND by Ms. Coy to approve Resolution No. R- 14 -03. Roll Call: Ayes: Hill, Adams, Coy, Gillmor, McPartlan Nays: None Passed: 5 -0 14.054 B. Authorize Mayor to Execute Lease Between City and Crab E Bill as Approved by City Council on November 13, 2013 and Approved by FCT Legal Counsel (ICM Transmittal, Lease, FDEP Leiter, Correspondence ICM and FCT) The Interim City Manager explained that Council had approved the lease on November 13, 2013 contingent upon FCT approval, it was forwarded to FCT and has been returned approved by FCT legal counsel as to form and legality, and now FCT wants the Mayor, City and tenant to execute and send it back for FCT Director final approval. MOTION by Mr. Hill and SECOND by Mr. Gillmor to execute the lease. Ben Hocker, Sebastian, expressed concern about the lease being put into the hands of a profit producing company, said he went through packets and could not find exhibits A, B and C, said we have gone through a lawsuit for having alcohol and using waiters, he visited CrabE Bills and they are serving lunch, a party brings the food to the table, and they are consuming beer and wine in the bar and tables, and asked if we are stepping back into another problem. He said we should put today's date on the lease not November 13th and said we are being asked to reach into our pockets again by taking responsibility for the full exterior of the property and for utilities and we have accomplished nothing except taking money from citizens for a fish market. He urged them to look at the liquor because we are putting in a museum, and now we are back with liquor at the bar and you have given him total control of the building. The Interim City Manager said there is beer and wine, said he had a call from FCT the other day and was told they had received a call from Mr. Hocker with a number of complaints. He said he was confused that we have a private citizen who perceives that we have something going on that might be outside of the box, but doesn't call him. He advised that last April we split those leases with the non - profit back to us so the City takes control of the retail portion of the project, and that lease calls for an eatery and when we accepted those leases we accepted the 2011 leases for CrabE Bills and Indian River Seafood which calls for an eatery and beer and wine, and he did not think it is out 5 Regular City Council Meeting March 12, 2014 Page Six of the box nor is there any illegal parking going on. He said when visited he bussed his own table, but perhaps when they call someone's name and they don't appear they deliver. He said that one thing that impresses him about Sebastian is its volunteerism, and no one is in it for any pecuniary interest but they are in it for a give back to the community, and was confused that if Mr. Hocker was really interested in making it right he could call him and he will get it fixed. He said he thinks it is a fabulous operation; and in response to Mr. Gillmor, he said they do not have waitresses but do have a bus person. Mr. Gillmor said the old Hurricane Harbor building is for profit and the fish house is not for profit, and commended Mr. Griffin for putting this together the proper way. He said we need to move on and if someone has a concern they can call the Interim City Manager or a member of Council. The Interim City Manager said the museum is moving forward and there are individuals engaged in an altruistic fashion and it is really a community involvement, that survey crews are down there for the fish house construction and it is a work in progress. He said he did not think it was in anyone's best interest to hire a monitor to monitor every nuance in that building, he sees what is going on down there and we are operating within confines. Roll Call: Ayes: Adams, Coy, Gillmor, McPartlan, Hill Nays: None Passed: 5 -0 11. PUBLIC INPUT New information or requests to City Council not otherwise on the prepared agenda Jerry Deredita, recently retained by and representing the 501c3 Solar Energy Loan Fund, gave an update on progress of the SELF program, and respectfully asked for their continued assistance in getting the word out to Sebastian residents and contractors. He gave the web address www.solarenergyloanfund.org and phone number (772) 971 -8053 and said they would be at the Pelican Island Festival. In response to Mayor McPartlan, Mr. Deredita said there has not been much participation by Sebastian and that is why he is involved. Ms. Coy reiterated that this is a low interest loan fund which can help homeowners improve the energy efficiency of their houses. John Apo, 732 Dixie Terrace, Sebastian, said he had another tool for the tool box and provided the Clerk with a CD to share with Council with information on a modification to septic systems by installing an aero -vent modification without hooking up to sewer system and comes in three relatively low costs. He said this is complementary to what Mr. Bolton showed, the system will never fail, is available and can be installed now, but he would ask that if he or someone else would install this now they would not be forced to hook up to a gravity system. He recommended they look at the performance data which has been tested by Purdue and Michigan State University and approved by DOH of Florida two years ago. He said he could come back before Council after April 1St if they wanted to hear more about it. Mayor McPartlan suggested he get Mr. Griffin's business card. 0 Regular City Council Meeting March 12, 2014 Page Seven Phyllis Frey, Date Palm Drive, Vero Beach, said if anyone believed that because we are told by Michael Busha, who, she said, is a shill for big developers, that Seven 50 is going to go away because there was a three year expiration date on the Consortium Partnership Agreement signed by the City of Sebastian, she would suggest they find a tooth to put under their pillow tonight and let her know how that works out. She said Michael Busha and Seven 50 Project Leaders Victor Dover and Marcela Camblor- Cutsaimanis are officials of the Chicago based Congress of the New Urbanism, another word for upward sprawl, and Architect Andre Duany, Seven 50 Project Leader, is a founder and it is here that they have been doing business with HUD and DOT cronies for years with a mutual address of Treasure Coast Regional Planning Council, Stuart Florida and they are going to make a fortune under the Seven 50 scheme to redistribute high density populations, stack and pack, low income high rises with demographic quotas in Sebastian. She went on to cite quotes about Seven 50 by HUD Secretary, Shawn Donovan. She said another facilitator of the plan is All Aboard Florida. She submitted for public record, which she said the contract and the memorandum dated February 14, 2014. She provided a document to the Clerk. Mr. Gillmor called a point of order and said this is a late date for information and she asked if she should submit it for next week. Ms. Coy expressed concerns because Council has heard her same presentation for two consecutive council meetings now, and then read from public meeting procedures for Public Input heading on the agenda which appears on every agenda. She said this is Ms. Frey's third trip and two times she has picked up an agenda and two times Council has not taken action on her issue. She said she was disturbed by what arrived in her mailbox, them inviting all these folks to sit with us wearing red to provide support to Ms. Frey's presentation, and reminded her Council does not provide presentations under public input. She told Ms. Frey to get on the agenda she must approach one of the Council members or the City Manager, and noted she had never talked to any one of them. She also noted that the City Attorney gave her organization a very clear picture that Seven 50 is no longer an issue to us and there are no ongoing obligations, and if she wanted to think there is that is fine but she should do her presentations at another place. She said Council has business to conduct at the meeting and that is what is important to our council and most of our residents. She said they have in common that they don't want someone coming into our town to tell us what to do, citing that the tallest building in Sebastian is 35 feet and invited her to go back to Vero Beach and see their high rises. During this time, Ms. Frey reached over and took back the document she had provided to the Clerk. Mr. Gillmor said the MPO has a strategic plan out to 2065 for transportation and that planning is not a bad thing, that County and City governments must look into the future to anticipate future growth and if they opt out they give up their right to be heard. He said when he sat on MPO there was a plan to six lane US 1 through Sebastian and we were able to quash it, and if we had not had a seat in 2005 we would not have not have received the $2M federal grant for Barber Street improvement. He said the Council had not taken action on Seven 50, the City Manager had sent a letter and it is all moot now because it was strictly a planning situation. 7 Regular City Council Meeting March 12, 2014 Page Eight Mayor McPartlan said the plan has expired, and we were never beholden to the plan, rather we have rights and home rule and Seven 50 would not subvert that. He said it is expired and is not a contract and he wants to quell the misinformation out there, and though he wants to hear concerns, he doesn't want to keep discussing Seven 50. William Bowen, part time Sebastian /New Jersey resident, retired planner, said he was not for or against the plan, got the mailing and said each city has to have a good plan, and cautioned them that they are responsible for their own planning and hoped they investigate this fifty year plan and have the ability to change that plan by local boards. Maryann Henrickson, said she lives across the river and is looking for Sebastian property, said she went to the meeting at the library over the Seven 50 and were aware that Phyllis had been here before, thought they were going to be able to have an exchange with Council, and asked how do we the people get on the agenda for public input. Mayor McPartlan said they need to approach a member of Council or the Interim City Manager to get on the agenda, but again explained the plan is expired and is not a contract with anyone, more like a guide, and all changes would have to go through our own planning and zoning board and council. He said there is misinformation that they are going to take us over and that is not going to happen, that the City Attorney has rendered us an opinion, and if she does not want to believe he doesn't know what else to say. Ms. Henrickson said we the people are afraid of unelected officials and we don't trust anyone, we don't trust Council and as a group will get together to ask to get on the agenda because they are not thrilled with the plan and don't want to see it slide in. Ms. Coy said to her, you don't want unelected officials telling you what to do but you are listening to unelected officials telling you what to do. Ms. Henrickson again said we just don't trust anyone. Tom ? ?, Sebastian, asked if all five Council Members would be willing to sign a piece of paper swearing they have nothing to do with Seven 50. Mayor McPartlan asked what would be the point of that. The man continued to make his request for a legal binding paper that they have nothing to do with Seven 50. Mayor McPartlan said no and encouraged him to read the entire Seven 50 document. Mayor McPartlan called recess from 8:17 p.m. to 8:32 p.m. All members were present upon return to the meeting. 12. NEW BUSINESS 14.055 A. Accept Community Redevelopment Agency (CRA) Annual Report of Activities for FY 2013 as Required by FS and Announce Availability of Document to Public (Finance Director Transmittal, Annual CRA Report) MOTION by Mr. Hill and SECOND by Mr. Gillmor to accept the CRA Annual Report. Roll Call: Ayes: Coy, Gillmor, McPartlan, Hill, Adams Nays: None Passed: 5 -0 8 Regular City Council Meeting March 12, 2014 Page Nine 14.056 B. Resolution No. R -14 -05 - Fiscal Year 2013 -2014 — Accepting Quarterly Financial Report and Adopting Necessary Amendments to the FY 2013 -2014 Budget (1sr Quarter Ending 12/31/13) (Finance Director Transmittal, R- 14 -05, Quarterly Financial Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014 AS PROVIDED FOR IN EXHIBIT "A "; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R -14 -05 by title. The Finance Director gave a brief presentation on the budget amendment and said the Budget Advisory Board has recommended approval. MOTION by Mr. Hill and SECOND by Ms. Coy to adopt Resolution No. R- 14 -05. Roll Call: Ayes: Gillmor, McPartlan, Hill, Adams, Coy Nays: None Passed: 5 -0 14.057 C. Purchase 2014 John Deere 410 Backhoe for Stormwater Division from Nortrax, Orlando and Enclosed Barricade Trailer for PW from General Truck, Jacksonville FL Both Under Florida Sheriffs Contract No. 13 -11 -0904 in the Total Amount of $97,880.75 from Trade -In of Two 2001 Backhoes, Current Budgeted Funds and Includes Approval for Appropriation of $30,880.75 from Discretionary Funds (Transmittal, Sheriffs Contracts, Vendor Quotes) The Interim City Manager explained the purchases of the backhoe and barricade trailer under Sheriffs contract using a trade -in for two existing backhoes, savings from a previously budgeted Stormwater Division pickup truck and not purchased, and with an allocation of $30,880.75 from DST funds. MOTION by Mr. Hill and SECOND by Mr. Adams to purchase a 2014 John Deere 410 backhoe for Stormwater Division from Nortrax, Inc. Orlando and Enclosed Barricade Trailer for PW from General Truck, Jacksonville FL Both Under Florida Sheriffs Contract. Mr. Hill asked if the pickup was still needed and the Interim City Manager said he asked the same question of our Fleet Manager who said it was more critical to have the backhoe and we can defer the pickup for another year. Roll Call: Ayes: McPartlan, Hill, Adams, Coy, Gillmor Nays: None Passed: 5 -0 14.058 D. Discussion of Addition of Staff to Environmental Specialist and Authorize Interim City Manager to Begin Search Within Budget Constraints (1CM Transmittal, Adm Svcs Email) The Interim City Manager said with things happening with NPDES, with the lagoon and other issues it may be time to add back in an Environmental Specialist in the Community Development Department to include grant writing. He said we have spent a lot in the last five months outsourcing these types of issues and we can have better control with someone on staff, it will make us look a lot better and be more efficient and requested approval to move forward to begin the search within budget constraints. 0 Regular City Council Meeting March 12, 2014 Page Ten MOTION by Mr. Hill and SECOND by Ms. Coy to approve. In response to Mr. Gillmor's question about increase in Community Development activity and revenues, the Finance Director said he is probably referring to the Building Department permitting increases and this will be under Community Development with funding from General Fund, which is also looking favorable. He said he sees potential savings with this position. Roll Call: Ayes: Hill, Adams, Coy, Gillmor, McPartlan Nays: None Passed: 5 -0 13. CITY ATTORNEY MATTERS The City Attorney requested an Executive Session under Florida law in regard to the Fisherman's Landing Restaurant litigation, reported he had spent time today with Special Counsel, Buck Vocelle, and they had concluded it is time to bring it to Council. He explained legal requirements, noting the session is exempt from the Sunshine law and suggested a meeting on March 26th at 6 pm, preceding the Regular Meeting. He advised they will open a public meeting, adjourn to the session, and return to the public meeting, the session will be recorded by a court report, and the Clerk will remain in the Chambers. Council concurred. 14. CITY MANAGER MATTERS 14.059 A. Indian River County Water and Sewer Equalization Charge Report (No Backup) The City Manager reported Indian River County has passed a resolution to remove the equalization charge for Sebastian utility customers, and cited the letter he had provided to Council in which Commissioner Solari suggests Sebastian might want to remove its utility tax to make Sebastian bills equal to County customers. He said there is a State approved 10% utility tax on all utilities in Sebastian, and he did not recommend we change that, and respectfully requested that Council allow him to write a letter or response to Commissioner Solari thanking him for removing the equalization fee but declining the reduction in the utility tax. In response to Mr. Hill, who asked if it was necessary to respond, he said it was important to answer Mr. Solar with a unified voice. In response to Mr. Gillmor as to whether there is confusion in that we do not charge a 6% right -of -way fee, the Finance Director said the utility tax is allowed by the State, and his thought is that Mr. Solari is confusing the 6% franchise fee that people in the County are paying and the 10% utility tax the people in Sebastian are paying. He equated this to the difference in the ad valorem rates for the agencies, which are set by specific needs of each. Other Matters The Interim City Manager reported that the natural gas franchise agreement ordinance adopted on February 12th (0- 14 -01) had a provision in it that required the gas company to submit an acceptance within 20 days of passage which was March 4, and they were unable to do that, and in emails and phone calls it has been determined they are worried about some of the provisions which require turning over proprietary information, and they would like the franchise agreement to mirror the Indian River County franchise 10 Regular City Council Meeting March 12, 2014 Page Eleven agreement. He said they definitely want to do the deal, and Mark Seagrave will appear before Council when a new ordinance is brought back to Council. 15. CITY CLERK MATTERS - none 16. CITY COUNCIL MATTERS A. Council Member Gillmor Mr. Gillmor said he has been surveying users of the Golf Course for suggestions on what would make it better and has gotten a lot of input from folks. He said he spoke to the Interim City Manager and Golf Course Director about looking for small things that can be done without a lot of money, and he asked for Council approval to keep talking to folks and then share those ideas with Council and sit down with Greg. Mr. Hill said it was a great idea and there are many things that can be approved, like the trash cans and tee markers, but suggested instead a green committee like other cities and courses have, a group of six or seven who meet on a monthly or bi- monthly basis with the Director and discuss ideas and Council could have input with them as well. In response to Mr. Gillmor on the question of sunshine law, the City Attorney said to it could be done on an informal basis with a group and the Golf Director, instead of a formal standing committee. Mr. Hill suggested Mr. Gillmor could be a part of it. The Interim City Manager said they are working on some restroom complaints. Mr. Gillmor asked if we can replace the door on hole #13 because it has rusted off. B. Mavor McPartlan - none C. Vice Mavor Hill - none D. Council Member Adams Mr. Adams thanked the Interim City Manager and staff for the new sidewalk on Fleming near the Sebastian Charter JHS. E. Council Member Coy Ms. Coy reported on an email she received about a hedge of pepper trees that had been cut down by city contractors and looked horrible, though it had to be done, and that pepper eradication might be a good first job for the Environmental Specialist. 11 Regular City Council Meeting March 12, 2014 Page Twelve She said she talked to Commissioner Solari today about the County seeking a new recycling contract, and suggested Council have a discussion in the near future and invite Mr. Solari to give input to discuss the City's needs such as one stream recycling. Mr. Hill recommended it be taken care of in an agenda item, where we could draft something and send it to the County. Ms. Coy asked if Council wanted to agendize the ESi to identify our needs. Mr. Gillmor said at Treasure Coast Council of Focal Governments Mike Busha said we really need to identify our needs. It was the consensus of Council to agendize. Ms. Coy reported that on April 3rd, Janine Harris, Department of Elder Affairs, was coming to Sebastian and she was bringing her to the Senior center, and asked if any members of Council can come by to meet her and maybe the Mayor can have lunch with her, that Ms. Harris has things she wants to present to Council, and perhaps we can provide overnight accommodations for her. Mr. Adams said some communities have done resolutions asking the State to have All Aboard Florida pay for crossing zones and not reduce the municipality's funding for maintaining crossings, and perhaps we want to consider a resolution. Ms. Coy said the Interim City Manager and she sat down with Rusty Roberts and it was downhill all the way and the take away was once it is a quiet zone the City will assume all liability for that section. 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 9:15 p.m. Approved at the March 26, 2014 Regular Council Meeting. VBy, ✓"� Bob McPartlan, Mayor Attest: Sally A. Maio, M C, City Clerk 12 City of Vera Beach Robert J. Bolton, P.E. Director of Water and Sewer Department Hybrid STEP System City of Sebastian Council Meeting March 12, 2014 SEPTIC TANKS AND THE INDIAN RIVER LAGOOK Recent discussions of the effects of humans on the la-qoon: ➢ Loss of seagrass; ➢ Elevated nitrogen levels; ➢ Unexplained deaths of manatee and dolphins. Pollution of the lagoon is through discharges of nitrogen, phosphorous and bacteria from multiple sources; Appears that the public has a fixation on nitrogen; however, phosphorous and bacteria are still important contributors. How does nitrogen enter the Lagoon? ➢ Stormwater runoff; ➢ Grass clippings and other natural debris; ➢ Reclaimed water; Septic tank effluent. What can we do to reduce nitrogen levels to the lagoon? 1) Reduce fertilizer concentration in stormwater; 2) Reduce plant decomposition (grass clippings); 3) Reduce animal decomposition (pick it up); 4) Educate reuse users to cut back on fertilization and to ensure irrigation overspray does not enter the lagoon; 5) Reduce septic tank effluent from entering the water table. What do we know about Septic Systems? Conventional Septic System ➢ Average level of nitrogen removal (28 %l; ➢ Level of phosphorus remo ➢ Contains elevated levels (E. coli, salmonella, etc.); ➢ Contains viruses. val (57 %); of bacteria What variables are areas of concern for Septic Svstems? ➢ Density (lot size); ➢ Proximity to lagoon; ➢ Elevation of the water table; ➢ Distance from the septic tank to the water's edge; ➢ Year house was built; ➢ Flow direction of ground water; ➢ Irrigation systems that use shallow wells. Locations of Septic Tanks in Indian River Coun (hyperlink) SEPTIC SYSTEMS IN INDIAN RIVER COUNTY Citv of Vero Beach Service Area JURISDICTION YEAR BUILT CATEGORY DOH Permit Category NUMBER 1.0 °/° WASTEWATER FLOW City of Vero Beach 3 or er 8,357 3 7 o ero Beach City of Vero Beach 1983 or After Repair 138 City of Vero Beach Before 1983 153 551 City of Vero Beach Before 1983 Repair 448 66 County 1983 or After 402 County 1983 or After Repair 117 County Before 1983 Before 1983 446 County Before 1983 Repair 360 Town of Indian River Shores 1983 or After 1983 or After 78 1 own of n ian River Shores 1983 or After a p air Town of Indian River Shores 15M 12L 1983 or After 42 Town of Indian River Shores Before 1983 Re air 1 18 i otai Indian River Countv Service Area 2,9621 0.74 MGD JURISDICTION YEAR BUILT CATEGORY DOH Permit Category NUMBER (+/-1.0%) WASTEWATER FLOW Ci of Fellsmere 1983 or After 8,357 552 o ero Beach i o a smere 3 or After a air 2 City of Fellsmere Before 1983 153 386 County (Unincorporated) City of Fellsmere Before 1983 Repair 66 City of Sebastian 1983 or After 5,328 City of Sebastian 1983 or After Repair 1,462 Ci of Sebastian Before 1983 841 i o a astian a ore 983 R e air 26 City of Vero Beach 1983 or After 1 City of Vero Beach Before 1983 1 County 1983 or After 9,237 County 1983 or After Repair 1 1,824 County Before 1983 1 4,728 Count Before 1983 Repair 2,279 Town of Orchid 1983 or After 2 ICIFII TOTAL NUMBER OF SEPTIC SYSTEMS IN INDIAN RIVER COUNTY TOTAL EQUIVALENT WASEWATER FLOW IN MILLION GALLONS PER DAY 30,467 100.00% 27,505 6.88 MGD 30,467 7.62 MGD MGD is calculated using 250 gallons per day per household Current Wastewater Flow Rate for the City of Verop Beach System is 3.2 MGD Current Wastewater Flow Rate for the Indian River County System is 4.5 MGD Total combined current flow rates for the two sewer systems is 7.7 MGD NUMBER +l -1.0% Countywide Percentage City of Fellsmere 1076 3.53% of Sebastian 8,357 27.43% o ero Beach 486 8/° Town of Orchid 2 0.01% Town of Indian River Shores 153 0.500/0 County (Unincorporated) 93 30,467 100.00% 27,505 6.88 MGD 30,467 7.62 MGD MGD is calculated using 250 gallons per day per household Current Wastewater Flow Rate for the City of Verop Beach System is 3.2 MGD Current Wastewater Flow Rate for the Indian River County System is 4.5 MGD Total combined current flow rates for the two sewer systems is 7.7 MGD There are four (4) t es of sewer systems: 1) Conventional Gravity Sewer System: • Most popular; • Lowest maintenance; • Affordable at time of construction of subdivision, • Costly as a retrofit. 2) Vacuum System: • Gaining popularity; • Higher maintenance costs than Gravity Sewer System; • Normally not installed for new subdivisions; • Retrofit cost approximately 70 — 80% of gravity sewer system; • Less construction disruption of neighborhoods during construction. 3) Grinder Systems: • Less popular than the Gravity Sewer System; however, used more often than the Vacuum or STEP Systems; • Highest maintenance costs (pump replacements); • Common retrofit because of low upfront cost; • Total cost similar to vacuum and gravity sewers. 4) STEP Systems (Septic Tank Effluent Pump): • Gaining popularity, existed in Florida for 40 years; • Similar maintenance cost to gravity sewer; • Least cost for retrofit; • Lowest up front cost for sewer availability; • Popular in areas that do not have a Central Sewer System. Communities with STEP Systems ➢City of Palm Bay, FL ➢City of Port St. Lucie, FL ➢Charlotte County Utilities, FL ➢City of Olympia, WA ➢City of Camas, WA ➢Clark Regional Wastewater District, WA ➢Washington County, AL ➢South Alabama Utilities, AL (31000 +) ➢Fulton County, AL ➢Grand Bay, AL ➢Pearl County, MS ➢South Alabama Utilities, AL ➢Bethel Heights, AR ➢Mt. Union, IA ➢Truesdale, IA ➢Amesville, OH ➢Elkton, OR ➢Victoria, PEI ➢Diamond Lake, WA ➢ Lacey, WA ➢Starbuck, WA ➢YeIm, WA ➢Consolidated Utility District of TN (4,000 +) Effluent Pumping System - Simplex Scale: 1" = 2' Fiberglass Gasketed Lid with Stainless Steel Bolts Model PVC Riser with Grommet(s) Model Inlet Tee Control Panel Top View (NTS) Model Simplex Pumping System 0 r 10�� Slope Ground Away from Riser To Control Panel Conduit Seal Model PVC Splice Box w /Cord Grips Model Fiberglass Gasketed Lid with Stainless Steel Bolts Model PVC Riser with Grommet(s) Model - Discharge Assembly Model - Flexible Hose Effluent Discharge - Tank Adapter (Cast or Bolted) Model Flow Inducer Level Control Float Assembly Model Filter Cartridge Vault Inlet Ports Orenco Effluent Pump Model Blotubeq'Pump Vault Model Orenco Systems incorporated 814 AIRWAY AVENUE SUTHERLIN, OREGON 97479 -9012 TOLL FREE: (800) 348 -9843 TELEPHONE- (541) 459 -4449 FACSIMILE: (541) 459 -2884 Patents # 4,439,323 & 5,492,635 Foreign Patents May Apply NDW— TD— EPS -01 © 2006, Orenco Systems, Inc. Rev. 3.0 (0306) Proposed Hvbrid STEP System HOUSE PROPERTY LINE PROPOSED 1" DISCHARGE PUMP BASIN Basin with Effluent Pumping System & Overflow Scale: 1" = Z 0 2013, Orenco Systems, Inc. Q Orenw Systems® IncDrporatea 814 AIRWAY AVENUE SUTHERLIN, OREGON 97479 -9012 TOLL FREE: (800) 348 -9843 TELEPHONE: Discharge (541) 459 -4449 FACSIMILE: (541) 459 -2884 Overflow sin Assembly a qm Estimated Total Cost for Connection ➢ STEP Equipment $3,000 ➢ Installation of STEP $2,500 ➢ Electrical Connection $ 500 ➢ Building Permits: ■Electric $ 80 ■Plumbing $ 80 Service Line (1 ") $ 500 ➢ Availability Cost (2" Main) 600 Subtotal $7,260 ➢ Impact Fee $2.290 Grand Total* $9,550 *Additional costs may occur depending upon the structural integrity of the septic tank. Talking Points for Hybrid STEP System (hyperlink) "Talking Points" of a Hybrid Septic Tank Effluent Pump (STEP) System A Hybrid STEP System is a sewerage collection system that uses a septic tank to contain and treat solids, a pump station to remove the clear effluent and a drain field to act as a backup to the pump station for disposal of the effluent during power outages. • The total cost, including availability and connection costs, of a Hybrid STEP System is approximately the price of a conventional gravity sewer or a vacuum style sewer system. • The availability cost of a Hybrid STEP System (i.e. installation of mains, valves, etc. in City Right -of- Ways) that is normally fronted by a local governments is less than 1 /10th the cost of a conventional gravity sewer or a vacuum style system. This lower cost for availability may allow Local Governments to make sewer available to more residents quicker. • Collection lines for a Hybrid STEP System are normally 2" up to 4" therefore they can be installed using directional drilling techniques instead of open cutting the ground. The drilling of these lines causes less disruption therefore residents and businesses can continue their normal affairs with minimal interruption. In addition, tree canopy and heavily landscaped areas are virtually untouched. • Installation time for a Hybrid STEP System is less than % the time required for a conventional gravity sewer or a vacuum style system. • Hybrid STEP Systems are compatible with existing On -Site Sewerage Disposal Systems (otherwise known as Septic Systems) and normally will just attach to these systems. • Pumps and collection lines of a Hybrid STEP System require less maintenance because the effluent is relatively free of grease, oil and solids. • The Septic System drain field is left in -place as a backup during prolonged power outages that can occur during hurricane season. • The Water and Sewer Utility of a Local Government typically maintains the Hybrid STEP System and controls the pump -out frequency of the septic tank. • Local Governments may eliminate more than 99% of the nitrogen and phosphorus rich septic system effluent that is now being discharged to groundwater by installing Hybrid STEP Systems. • Groundwater carrying pollutants from Septic Systems will no longer flow to the Indian River Lagoon. In the case of the City of Vero Beach, the City has roughly 1,500 residents with septic systems. The estimated cost to install a gravity sewer system for these residents is approximately $22.5 million. The availability cost to make mains available for these residents to connect to is $18.0 of the $22.5 million. The estimated cost for a Hybrid System to serve these same residents is $11.0 million. The availability cost of this system is less than $1.0 million. Administrative Implementation of Hybrid STEP System for the City of Vero Beach 1) Petition State of Florida to modify FS 381.0065 to allow the STEP combined (hybrid) system (January 2014); 2) Enter into an agreement with the State of Florida under FS 381.00655(b) to allow the delay of connections to the sewer system until septic systems fail. Provide a sunset date, for this agreement, after which all must connect (20 years); 3) Implement a mandatory assessment program to install the 2" pressure lines ($600 over 20 years). Place assessment on tax rolls. Must hold public hearing between January 1St and September 15t ". Must notify all septic system owners one (1) year in advance of availability (goal is January 2015). Modification to FS 381.0065 Department of Health's (DOH) position is that the drainfield is normally abandoned when a septic system is connected to a sewer system and that a change to Florida Statutes is required to leave the drainfield in place. On February 21, 2014, Representative Mayfield introduced HB 1055 that defines the Hybrid STEP System as a "Combined System" and allows for any and all parts of the existing on- site sewage treatment and disposal system to be left in place. Senator Altman filed a companion bill, SB 1306, on February 26, 2014. Our City Council passed a Resolution supporting the proposed language change to FS 381.0065. Further, we have been working with municipalities in our area and have been gaining support. They are also passing similar resolutions in support of the proposed language change. Approved Resolutions: City of Vero Beach (1/7/14) City of Fellsmere (2/20/14) Town of Orchid (3/5/14) Pending Resolutions: City of Sebastian (3/12/14) Town of Indian River Shores (3/27/14) Town of Grant- Valkaria (4/23/14) QUESTIONS? End of Presentation