Loading...
HomeMy WebLinkAbout03262014 Minutesoe • • 1, SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 26, 2014 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting to order at 6:50 p.m. 2. Invocation was given by Council Member Gillmor. 3. The Pledge of Allegiance was led by Mayor McPartlan. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice Mayor Jim Hill Council Member Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor 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 Network Manager, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 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. 14.060 A. Proclamation — Mayor's National Day of Recognition — Accepted by Jenna Stinnett- AmeriCorps Reads Program Director and Gerald Roden, Volunteer Florida Commissioner Mayor McPartlan read and presented the proclamation to Jenna Stinnett. Mr. Roden could not be present. Ms. Stinnett talked about the importance of the AmeriCorp reading program. Mayor McPartlan noted and Council Member Coy had participated in readings of Dr. Seuss. Regular City Council Meeting March 26, 2014 Page Two 14.061 B. Proclamation — March for Meals — Senior Resources Association — Accepted by Laura Roberts, Director of Nutrition Services Mayor McPartlan read and presented the proclamation to Laura Roberts, noting he had delivered Meals of Wheels recently with SRA. Ms. Roberts said SRA is in its 40th year, noted in there are one in six seniors in Indian River County who are food insecure and SRA is providing meals to about 200 people and would love to have more participating. She thanked the Mayor for delivering and visiting clients in Sebastian recently. 14.062 C. Proclamation — American Red Cross Month — Accepted by Sarah Ruwe, Chief Executive Officer, Red Cross North Treasure Coast Chapter Mayor McPartlan read and presented the proclamation to Sarah Ruwe. Ms. Ruwe introduced C.J. Bryant, who she described as a one of their best volunteer, and urged everyone to think about the coming hurricane season, make kits and inform others. 14.063 D. Proclamation — Women's History Month — Accepted by Dionna Farmer, GFWC Sebastian Junior Woman's Club Mayor McPartlan read and presented the proclamation to Dionna Farmer who introduced other members of the GFWC Sebastian River Junior Women's Club. 14.064 E. Proclamation — Lauren's Kids - Walk In My Shoes 2014 Mayor McPartlan talked about Lauren Book's abuse at the hands of a nanny in her home for many years when she was a child and now walks 1500 miles each year to Tallahassee to raise awareness of child abuse, that he walked with her in St. Lucie County and she will be in Indian River County tomorrow. He then read the proclamation and said it will be presented to her tomorrow. F. Brief Announcements 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 — March 12, 2014 Regular Meeting MOTION by Mr. Adams and SECOND by Ms. Coy to approve the minutes. Roll Call: Ayes: McPartlan, Hill, Adams, Coy, Gillmor 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. A. Planning and Zoning Commission (Transmittal, Applications for Two Current Members, Press Release, List) i. Fill One Regular Member Position to Expire April 1, 2017 ii. Fill One Regular Member Position to Expire May 1, 2017 Regular City Council Meeting March 26, 2014 Page Three The City Clerk noted both are current members in those same positions seeking reappointment and there are no other applications. Ms. Coy nominated both to their current positions, and there were no other nominations. Mr. Carter was appointed to serve to April 1, 2017 and Mr. Quizilbash was appointed to serve until May 1, 2017. Other Committee Reports Mr. Gillmor reported that Treasure Coast Regional League of Cities is amending its by- laws and he will be bringing that back to Council for approval. He noted one of the amendments will be eliminating the requirement for the TCRLC President's city to provide services of its City Clerk to make it easier for smaller cities with limited Clerk staff. Ms. Coy asked if there was a draft and, if so, could she receive a copy. 9. PUBLIC HEARINGS 14.050 A. Second Reading and Public Hearinq - Ordinance No. 0 -14 -02 — Amendinq Fertilizer Code Section 50 -5 (Transmittal. 0- 14 -02, Document List) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO ENVIRONMENTAL REGULATION; AMENDING THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, CHAPTER 50 "HEALTH AND SANITATION" BY PROVIDING AN AMENDMENT TO SECTION 50 -5 "FLORIDA - FRIENDLY FERTILIZER USE" BY AMENDING THE "PROHIBITED APPLICATION PERIOD" TO PROHIBIT THE APPLICATION OF CERTAIN FERTILIZER BETWEEN JUNE 1 AND SEPTEMBER 30 AND BY AMENDING SECTION 50 -5 (h) REGULATING FERTILIZER CONTENT AND APPLICATION RATES; PROVIDING EXEMPTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor McPartlan opened the hearing at 7:12 p.m. and the City Attorney read Ordinance No. 0 -14 -02 by title. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve Ordinance No. 0- 14 -02. Mayor McPartlan called for public input. Debra Eckert, Indian River Neighborhood Association, recommend approval due to Sebastian's significant access to waterways and to ease enforcement throughout the County. Rick Smith, on behalf of the Sebastian Fishing Club, said he had read a statement at the first reading, and expressed hope the ordinance is passed tonight. Clyde Giesenschlag, Melbourne Village, read a prepared statement (see attached) and recommended approval. 3 Regular City Council Meeting March 26, 2014 Page Four Russell Hermann, Friends of St. Sebastian River, thanked everyone involved with this citizen based movement and said it is just the start of a great challenge to preserve the lagoon and hoped all would unite in the effort. Roll Call: Ayes: Adams, Coy, Gillmor, McPartlan Nays: Hill Passed: 4 -1 Ms. Coy expressed her extreme pleasure with passage of the Ordinance. 14.065 B. Quasi - Judicial Public Hearing - Resolution No. R -14 -06 Reqarding a Special Exception to Section 54- 2 -5.6(c ) of the Land Development Code to Allow a Pawn Shop as a Conditional Use within the Industrial Zoning District, Specifically for a Property Located at 137 Sebastian Boulevard (Transmittal, R- 14 -06, Staff Report, P & Z Minutes, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR A PAWN SHOP AS A CONDITIONAL USE WITHIN THE INDUSTRIAL ZONING DISTRICT, SPECIFICALLY FOR A PROPERTY LOCATED AT 137 SEBASTIAN BOULEVARD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. Mayor McPartlan opened the hearing at 7:22 p.m. and the City Attorney read Resolution No. R -14 -06 by title. No member of Council had any ex -parte communication to disclose. The City Clerk swore in all those who intended to offer testimony. The Planning and Zoning Manager presented findings and analysis for the Austin Fox request for a pawn shop at 137 Sebastian Boulevard, which is located in Industrial zoning, which does not provide for pawn shops as a permitted or conditional use. She said pawn shops are only allowed as a conditional in Commercial General zoning, therefore, if Council were to approve it would be a Special Exception. She noted that Planning and Zoning had conducted its hearing on March 6, 2014 and recommended approval on a vote of 7 -0, and that staff also recommends approval. Austin Fox addressed Council stating he was here to answer questions to best of his ability. Mr. Adams asked if there were other pawn shops in that general area and Ms. King said this would be the first one there. He asked if there were any requirements to notify anyone, and if she could describe the rules for pawn shops since there is a stigma and they are highly scrutinized. Ms. King said that for both hearings she had notified property owners in a 300 foot radius of the subject site, that there were no responses whatsoever, and read the LDC conditions for pawn shops as a conditional use in CG zoning as follows: 1. All sales activity and storage shall be in an enclosed structure. 2. No structure shall be located within 50 feet to any lot line abutting a residential district. 4 Regular City Council Meeting March 26, 2014 Page Five 3. No off - street parking or loading area shall be located closer than 15 feet to any property line abutting a residential district. She said they meet all three of those conditions and staff had recommended a fourth condition to shall comply with all regulations and reporting requirements of the State of Florida for operation of a pawn shop. Ms. Coy said her only issue would be to have assurance that are going to meet the condition of no outside storage and perhaps we could strengthen that language. Ms. King said outside storage of any type requires P & Z approval and there is no room for it, and they would have to reduce their parking and it would not make it through P & Z. Mr. Fox said he absolutely is not planning for any outside storage. Mayor McPartlan opened the floor for anyone in favor of the request and there was none, then opened the floor for anyone opposing the request and there was none. The Interim City Manager said staff agrees with Planning and Zoning Commission recommendation to approve the Special Exception. MOTION by Ms. Coy and SECOND by Mr. Gillmor. Roll Call: Ayes: Adams, Coy, Gillmor, McPartlan, Hill Nays: None Passed: 5 -0 10. UNFINISHED BUSINESS 14.018 A. All Aboard Florida Discussion - Direct Staff to Follow Up on Council Recommendations (Transmittal, Delaney Email, Proposed City Resolution, Quiet Zone Pictures) The Interim City Manager gave a brief update on recent activities relating to All Aboard Florida plans, citing his attendance at a meeting at the County, said he had provided a draft resolution relative to the City's position on needed funding for quiet zones, and cited an email sent to Council today in regard to IRC MPO staff taking an item to the County Commission to request approval for a consultant (see attached). Ms. Coy said up until today Indian River County MPO has had zero input on this issue, and they are our vehicle for transportation issues and connected to the Florida Department of Transportation (FDOT), and FDOT is handling this issue at the State level. She said it is critical to ask MPO to meet very soon, and though it is nice to say that Indian River County wants to fund a study and that they want someone to respond to the Environmental Impact Study (EIS), if anyone reads an EIS, we are in trouble. She said she was disappointed that MPO was not on top of this, and that another thing to consider is having some workshops so businesses and residents can be provided information publicly. She said she liked the resolutions as written, but offered two additional Sections 5 and 6 and read suggested language into the record, as follows: Section 5. The City of Sebastian strongly recommends that the Indian River County Metropolitan Planning Organization (MPO) Board convene regularly scheduled meetings with FDOT District 4 and local environmental impact experts to prepare for and respond to the Environmental Impact Study (EIS) draft and final product. 5 Regular City Council Meeting March 26, 2014 Page Six Section 6. The City of Sebastian fully supports and endorses the recommendations and findings contained in the Treasure Coast Regional Planning Council Memorandum, Subject. All Aboard Florida Update, dated March 21, 2014. Ms. Coy further discussed the Treasure Coast Regional Planning Council memorandum which is in the agenda packet and their suggestion to move freight lines to the center of the State. She closed by suggesting we support TCRPC and ask MPO to get on the stick and maybe have a workshop here in Sebastian. Mayor McPartlan asked when the EIS is being submitted, and the Interim City Manager began to respond, and a gentleman from the audience approached the podium and said the EIS is supposed to be released on or before May 1", and usually there is a 45 day period for response, there will be four public meetings and the closest to us is in Fort Pierce. He suggested asking for an extension. Ms. Coy said MPO is not planning to meet until May 7t'. Mayor McPartlan asked the Interim City Manager to speak with Phil Matson to ask for an MPO meeting and the ICM asked if he was asking them to include FDOT and Mayor McPartlan said yes and to include an engineer who knew a lot about the EIS. Mr. Hill said MPO is moving at least with their request to the Indian River County Commission, said he supports the TCRPC letter to the State, but in reading their letter he says their suggestion to move tracks inland is not so much in our area but more in the southern area of the proposed plan. Ms. Coy said in her discussions with Mike Busha, TCRPC that the plan was to move freight to the inland CSX lines but would not be all off the east coast. Mr. Hill said TCRPC is taking the lead, and in reading what TCRPC drafted to the Governor it will help to mitigate many issues. He asked, in response to having a workshop here, how will they as a Council benefit, stating rather it could be a benefit to the public to have representatives from the State and the industry address public concerns and would support that. He said it would not require this entire council at a formal workshop but there could be an informational workshop. Ms. Coy said we as a Council need to discuss this and can't wait for an outside source, noting Ruth Stanbridge is working on the historical aspect, and we need input from our own environmental area and can't count on the County to get our stuff together. Mr. Gillmor said he did not see the benefit of a full blown workshop, and getting their views out is best done by piggybacking on TCRPC, that he agrees with all that was said in their letter and there is not a whole lot we can do to stop the train. Ms. Coy said we can probably scratch the workshop, but put All Aboard on each agenda for a 20 minute discussion. She then asked who was there in the audience on the issue and there was only one. Mayor McPartlan suggested that we could have something informational at a meeting, because there are a lot of residents concerned, and suggested someone from All 0 Regular City Council Meeting March 26, 2014 Page Seven Aboard and someone from MPO. Ms. Coy said our people want to hear what we are going to do. Mr. Hill said the resolution with her changes and the TCRPC letter covers everything we are discussing. Ms. Coy said the TCRPC letter does not cover the FDOT connection. Mr. Hill said the FDOT function will be in regard to funding quiet zones, and Ms. Coy said she thought there were other functions of FDOT. The Interim City Manager said ROW and easements and safety issues are the purview of FDOT which is an intermodal agency and he did not think they have been much involved or at least we have not heard it. He said at the meeting he and Ms. Coy attended, it was announced that the southern counties' EIS have been approved and that is significant as it relates to us. He said what he was hearing is that is that you like the resolution with the additions from Ms. Coy, and requested a consensus to bring it back at the next meeting for a vote and get it going with a letter to various legislative bodies. In response to question as to whether it could be approved tonight, the City Attorney said it could be added with a unanimous vote, but he would prefer they do it next time because we are adding language and the public will be better advised. Mr. Adams asked if it would be possible to ask TCRPC to provide a brief presentation at a meeting as to what they have been doing. Mr. Hill said someone from staff, perhaps Mr. Busha, and the Interim City Manager suggested Kim Delaney, TCRPC, who is very knowledgeable on this issue, could come to the next meeting to give a presentation. It was the consensus of Council to bring the resolution back as amended and invite Ms. Delaney as suggested. 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Bruce Zingman presented a certificate to the City from the Salvation Army, as presented at a Salvation Army dinner for all volunteers and announced that the 1 st place fundraising site for the holiday bell ringing was the Sebastian Walmart at $16k plus. Dave Barbour, Sebastian, said he and his wife moved from a northern city, noting that freight train traffic through the middle of their city drastically changed life, and urged them to pursue quiet zones. 12. NEW BUSINESS 14.066 A. Resolution No. R -14 -07 —Amending R -13 -25 Financial Policies Renaming General Fund Operating Surplus Equipment Replacement Reserve to "Capital Asset Renewal and Replacement Reserve" (Transmittal, R- 14 -07) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION R -13 -25 TO RENAME THE EQUIPMENT REPLACEMENT RESERVE TO CAPITAL RENEWAL AND REPLACEMENT RESERVE; DIRECTING THAT THE GENERAL FUND OPERATING SURPLUS BE ASSIGNED THERETO; AUTHORIZING THE CITY MANAGER TO USE SUCH FUNDS IN CERTAIN INSTANCES SUBJECT TO CITY CODE SECTION 2 -10; PROVIDING FOR REPORTING THE USE OF SUCH FUNDS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 7 Regular City Council Meeting March 26, 2014 Page Eight The City Attorney read Resolution No. R -14 -07 by title. The Finance Director gave a brief update on the proposed revision to the financial policies resolution to rename the capital replacement program to include all fiscal year surplus funds, which this year was in excess, and designate all of those funds for equipment replacement and repairs which have fallen behind in the last several lean years. He said doing so would not change the requirements set out in the Code for approval of purchases, that if the costs were within the City Manager's spending authority of under $15K he could go forward within the guidelines of purchasing, and if outside of his authority over $15K he could start the process and then come before Council for purchase approval. He said this resolution, if passed renames the account, funds it with 100% of surplus in any given year, and gives the City Manager authority for use of those funds. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Resolution No. R- 14 -07. Mr. Adams said he was okay with renaming the account but had a problem with using 100% of surplus and thought it should remain at 50% in case we need those funds to balance the budget. The Interim City Manager said he and Mr. Adams had a discussion on this and he understands but said hypothetically, what would happen if it were a small fund and we could only use half of that, we may not have enough, and this provides flexibility and gives discretion to use the funds in emergency situations. He also said we have operated with a surplus that we have not seen in five or six years and this reflects on our employee force, that the budget was to the bone and yet we operated under that budget and they should be commended. He recommended they approve the resolution. Mr. Adams said with the fund as it is now, you would not be depleting the entire amount so there is a potential for carry forward so why use all of it. The Interim City Manager said we would not necessarily use all of it, but we may. The Finance Director said as we prepare for next year's budget, we may well may have some equipment needs and if we find we can't balance the budget next year, we may come back to Council and request using a portion of that reserve for that use. He said it just recognizes the need for that level of equipment and repairs that is potentially out there, and gives us a bank and establishes an initial amount. He said if we start getting surpluses every year we can come back in the future and adjust the program. Mr. Hill said this is no way says we are going to spend it, and we can always make an adjustment in the future, saw no reason not to create that fund, and in no way changes the process of spending those funds, and it gives the City Manager more leeway for any unforeseen catastrophic damage. Mr. Gillmor agreed with Mr. Hill, stating that over the last four or five years we have put off repairing or replacing our equipment and have hoped that folks could keep it running and there comes a point you can't do that anymore and was in favor of this. Regular City Council Meeting March 26, 2014 Page Nine Mr. Adams said Mr. Hill said that if there is an issue you can come back to Council for approval, and if we have 50% in the fund you can come back for more and you are not tying up the fund if we need it for something else. The Interim City Manager said his reporting requirements for funding remain the same, and his spending limits remain the same, so this is an emergency type thing that does happen from time to time, and because we have deferred for so long we are trying to catch up. Mr. Adams said he still does not see the need for it if he has to come back to Council. Mr. Gillmor asked the Mayor to call the question. Roll Call: Ayes: Hill, Coy, Gillmor, McPartlan Nays: Adams Passed: 4 -1 14.067 B. Facility Use Agreement Renewal Between City and Indian River State College (Transmittal, Sullivan & ICM Email, 4/19/13 Letter) The Interim City Manager said it is time to renew the IRSC lease agreement, it does allow for automatic renewal with sufficient notice and recommended approval. MOTION by Mr. Hill and SECOND by Ms. Coy to approve. Ms. Coy asked if their fees were paid up to date and the Interim City Manager said they were. Ms. Coy suggested a clause regarding payment, because there has been an issue of getting payment in a timely fashion, and though she loves their service she would like assurance. The Interim City Manager said they pay by the quarter and the last quarter was paid and he would have to check to see if they have paid for this quarter. Ms. Coy said they need to be advised of payment on time. The Interim City Manager said he could put in a paragraph with emphasis on payment. 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS — None 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Mayor McPartlan Mayor McPartlan reiterated Laurens Walk will be tomorrow starting at the IRC Tax Collector's office in Vero Beach and end at 4:30 pm at Indian River Drive and Main Street in Sebastian. He also announced the April 29th Substance Abuse Council panel which will meet in our chambers in regard to underage drinking which is a problem in the community. 6 Regular City Council Meeting March 26, 2014 Page Ten B. Vice Mayor Hill - None C. Council Member Adams - None D. Council Member Co Ms. Coy said the veterans group VSO — Veterans Service Organization has not been seen around Sebastian and advised the public that if they see them around to first google them before they give to see what a lousy organization they are and rather to give to our local veterans groups. Ms. Coy announced that the Craft Club of Sebastian did something nice this year by giving giving back $500 each to seven local non - profit organizations as follows: Wounded Warrior Project, Halo Animal Rescue, Council on Aging SRA Meals on Wheels, Friends of North County Library, VNA Hospice, Salvation Army Meal Program and Backpack Buddies. E. Council Member Gillmor Mr. Gillmor sent a special message to his wife stating it has been 46 years almost to the day since he met her and they are still married and said thank you Judy! 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 8:20 p.m. Approved at the April 9, 2014 Regular Council Meeting. By /�r / Bob McPartlan, Mayor ZnQ�g a'\Y� Sally A. Maio MC, City Clerk 10 Outlook Print Message Sebastian Presentation I From: Clyde Giesenschlag (clydepeggy @hotmail.com) Sent: Wed 3/26/14 4:20 PM To: clyde (clydepeggy @hotmail.com) Commissioners Page 1 of 1 To prevent flooding, all Florida communities, need to send excessive rainwater somewhere. Without the ability to do so, our preferred mode of transportation would be a boat instead of a car. Without flood mitigation, modern Florida would not exist. Because stormwater carries nutrient pollution into the IRL and the Sebastian River, it is mission critical to keep it clean. The strong fertilizer ordinance helps accomplish that goal. By adopting your amended strong ordinance, you are joining with Brevard, Indian River, St Lucie and Martin Counties and so far, 22 of their 27 incorporated municipalities in a like minded collaborative effort to improve the health of the Lagoon. Across the state a similar program is showing, there is hope for success. Last week, the Tampa Bay Tribune reported: In 1986 a study found Tampa Bay had lost 81 percent of its seagrass. Today the bay has recovered over 34,000 acres of seagrass, only 3,358 acres shy of the Tampa Bay Estuary Program's goal, one the bay may well exceed. Sebastian certainly exemplifies a Florida water city and all that is worth preserving and protecting. You are bordered by a River and a Lagoon and just a short boat ride to the Ocean. Thank you for considering the strong version of the fertilizer ordinance. https:Hsnt 147. mail. live. com / mail /PrintMessages.aspx ?cpids =l bOca924- b524 -11 e3- b015 -0... 3/26/2014 Sally Maio From: Joseph Griffin Sent: Wednesday, March 26, 2014 2:52 PM To: council Cc: Sally Maio; Robert Ginsburg Subject: All Aboard Florida Council Members: This item relates to tonight's agenda discussion item surrounding the "All Aboard Florida" issue. I just had a TELCON with Phil Matson, IRC MPO. County staff is presenting to the BOCC the following item at its Apr 1 meeting. Discussion on a contract with a County consulting engineer to study the AAF issue. This would be funded completely by the County. The following two items in the contract would include: 1. Engineering analysis of ALL rail crossings in the County - - -to include those in municipalities. 2. Analysis of, and response to, the EIS when published. The contract itself will be presented for approval at the BOCC meeting on Apr 8. Joe Griffin Interim City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 772 - 388 -8200 office 772 - 581 -0149 fax www. citvofsebastian. oLg