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HomeMy WebLinkAbout05142014 Minutescc ary OF 7E HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 14, 2014 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Seth Goldsmith, Coastal Community Church. 3. The Pledge of Allegiance was led by Council Member Coy. 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: City Manager, Joe Griffin City Attorney, Robert Ginsburg City Clerk, Sally Maio Building Official, Wayne Eseltine Community Development Director /Engineer, Frank Watanabe Police Chief, Michelle Morris E- Records & Information Manager, Barbara Brooke -Reese 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. 14.089 A. Proclamation - Emancipation Proclamation Day — Accepted by Council Member Jerome Adams Mayor McPartlan read and presented the proclamation to Council Member Jerome Adams. Mr. Adams expressed importance of the observation of the beginning of equality for all people regardless of the color of their skin. Regular City Council Meeting May 14, 2014 Page Two 14.090 B. Proclamation - National Peace Officers Memorial Day and National Police Week -Accepted by Sebastian Police Chief Michelle Morris Mayor McPartlan read and presented the proclamation to Police Chief Michelle Morris. Chief Morris thanked the City on behalf of all Police Officers for the wonderful community they work for and for the support they receive. 14.091 C. Proclamation - Honoring Gloria Fennell on her Retirement as President of Ecumenical Council and Her Many Contributions to the City of Sebastian Mayor McPartlan read and presented the proclamation to Gloria Fennell. Ms. Fennell thanked the City and all those who attended, said there are people here who have done more than she, and advised people to be a volunteer to make friendships that last forever. 14.092 D. Proclamation - Memorial Day May 26, 2014 - Accepted by Representatives of VFW and /or American Legion Mayor McPartlan read and presented the proclamation to Jack Willis, USN retired and Commander of VFW Post 10210. Commander Willis thanked the City for their great support, and expressed his appreciation for the patriotism shown in the community. 14.093 E. Proclamation - American Legion Poppy Drive - Accepted by American Legion Auxiliary President Char Kinlen Mayor McPartlan read and presented the proclamation to Char Kinlen. Ms. Kinlen thanked the city and citizens for their support, and said this year's drive will concentrate on homeless veterans. 14.094 F. Proclamation - Building Safety Month - Accepted by Wayne Eseltine, City of Sebastian Building Official Mayor McPartlan read and presented the proclamation to City of Sebastian Building Official Wayne Eseltine. Mr. Eseltine thanked Building Department staff for all their hard work and urged citizens to visit the department for giveaways and information about building safety. G. Brief Announcements i. 5/16/14 — Chamber of Commerce Concert in Riverview Park — The Cheyenne Band — 5:30 pm to 8 pm ii. 5/26/14 — Memorial Day Observance at Veterans Memorial in Riverview Park — Unveiling of New Memorial — 11 am Mayor McPartlan read the above listed announcements. Ms. Coy said on May 24, 2014 there will be an additional Memorial Day event at Earl's Hideaway with a focus on World War II veterans, and asked people to call her for information on WWII Vets in the area at 388 -0961 so she can send special invitations. She said they are planning to have the parachuters with the large American Flag and the event starts at 1 pm. 2 Regular City Council Meeting May 14, 2014 Page Three Mayor McPartlan reported on summer season awareness including water safety and urged people not to leave children in hot cars. He also said May is foster care awareness month, and expressed the need for foster homes in Treasure Coast, because without them children from this area have to be sent outside the Treasure Coast. The City Manager introduced Frank Watanabe as our new Community Development Director, as well as duties as City Engineer and Airport Director, and gave a brief background on his experience, including his years of engineering consultant work for the City. He welcomed him to the City team. Ms. Coy said she had attended two government meetings this week and learned that Mr. Watanabe is renowned throughout the area and a superstar, stating we are the envy of the County. Mayor McPartlan said Mr. Watanabe's presentations given today were excellent. Mr. Watanabe said he has worked as the City's engineering consultant for the last seven years, has worked for other local cities during that time but his heart was always in Sebastian. He said he appreciated Mr. Griffin bringing him on board. The City Manager announced a slight organizational change, that the Building Department will be moved out of the Community Development to be its own stand alone enterprise department and the Building Official will report to the City Manager. 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 hislher hand to be recognized. A. Approval of Minutes — April 23, 2014 Regular Meeting 14.095 B. Approve Alcoholic Beverage Use at Civita Wedding at Community Center on May 24, 2014 from 4 pm to 9 pm — DOB Verified (Transmittal, Rental Permit Application and Receipt) 14.096 C. Prior Approval of City Council Travel to Florida League of Cities Annual Conference in Hollywood, FL — August 14 -16, 2014 for Any Member Wishing to Attend (Transmittal) MOTION by Mr. Hill and SECOND by Ms. Coy to approve the consent agenda. Roll Call: Ayes: McPartlan, Hill, Adams, Coy, Gillmor Nays: None Passed: 5 -0 3 Regular City Council Meeting May 14, 2014 Page Four 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Mr. Hill reported on today's Tourist Development Council (TDC) meeting where among other organizations, the Indian River County Historical Society, made a request for a recommendation to the County Commission for a $20K grant from tourist taxes. He said TDC made a recommendation that the County Commission dip into their TDC reserve fund in the amount of $8000 to fund all projects submitted for grants, and this is important to Sebastian because $15,500 of the IRCHS funds will be used toward the Working Waterfront Museum. He said that added to the $15,000 donation from the Clambake festival and $500 from Senior Center this would make a huge impact. 9. PUBLIC HEARINGS Procedures for legislative public hearings: • Mayor opens hearing • Attorney reads ordinance or resolution • Staff presentation ■ Public Input (Anyone wishing to speak is asked to raise hand and when called, go to the podium and state name for the record. • Staff summation • Mayor closes hearing • Council deliberation and action 14.076 A. Second Reading, Public Hearing and Consideration of Approval of Ordinance No. 0 -14 -03 — Cemetery Regulations (1 st Reading 4/9/14, Legal 4/30/14) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO CEMETERY REGULATIONS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, CHAPTER 34 "CEMETERIES" BY AMENDING SECTION 34 -4 "UNLAWFUL CONDUCT" BY PROHIBITING POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN THE CEMETERY AND ENGAGING IN RAUCOUS ACTIVITY; AMENDING SECTION 34 -6 "SPEED LIMIT" TO MOVE PROHIBITION OF PARKING OR DRIVING OVER GRASS BURIAL AREAS TO SECTION 34 -4; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor McPartlan opened the public hearing at 6:55 p.m. and the City Attorney read Ordinance No. 0 -14 -03 by title. MOTION by Mr. Hill and SECOND by Ms. Coy to approve. The City Clerk noted a scrivener's error in the Section numbering, which had two listed section 2s, which has been corrected on the original. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Ordinance No. 0- 14 -03. Roll Call: Ayes: Hill, Adams, Coy, Gillmor, McPartlan Nays: Passed: 5 -0 10. UNFINISHED BUSINESS 14.018 A. All Aboard Florida Environmental Impact Statement (EIS) Review Discussion (Transmittal) Mr. Griffin listed the options for the Council to consider for our involvement in the response to the Environmental Impact Statement as set out in the agenda packet. M Regular City Council Meeting May 14, 2014 Page Five He said he had discussions with other engineering consultants, but ultimately he recommended option three, to utilize the expertise of the new Community Development Director Frank Watanabe to handle the initial analysis of the EIS, noting he has had experience with EIS. Ms. Coy said she attended a meeting with Mr. Watanabe and his expertise exceeded that of everyone else that was in the room, said there have been new developments about the process due to Mr. Watanabe's expertise which will be discussed later. Mr. Watanabe said Ms. Coy did a great job at MPO because she stirred up the group to make the local agencies realize they do have to do some positioning to make sure they are a cooperating agency in review of this document. He said there are only a few consulting firms that do railroad work. He said after the MPO meeting today, the Indian River County Attorney called him to be educated on the process, and the County will be hiring an attorney as well to represent the County and all of the local agencies. Ms. Coy said Council had received copies of the City Manager's emails, reported that Mr. Watanabe had high speed rail experience with the Federal Railroad Administration in California, that he had advised that the federal rules are the same here in Florida. She said he has advised that there is a working draft of the statement already in place, that this has been ongoing for years, we could have been in on the process a long time ago, though it is a little late in the game, that Sebastian has asked to opt in to be a cooperating agency with FRA and we may get approval to do so. She said the County has contracted with an attorney for $100K and she offered Mr. Watanabe's services and apparently they heard that message, so was happy to hear the attorney is already contacting him. She said the County Commission and Vero Beach will be meeting next week to consider asking to be cooperating agencies as well. She said there is some confusion as to when the EIS is released, what options there are going to be for input, and apparently it may be a dog and pony show. She said she was happy with the outcome today at MPO, but was disappointed that we are still giving the Treasure Coast Regional Planning Council (TRCPC) such a hard time, and though the Indian River County Commission may want to voice it that way, and MPO may want to voice it that way, we need to say we still agree with the letter we wrote to TCRPC. Ms. Coy said another issue was Commissioner Zorc's question about how do we proceed and his idea to move authority to MPO, and her response that Sebastian will continue down the track but still work cooperatively, so his idea died in the water. She said MPO wanted to cancel their July meeting and August has been canceled, and now July has been put back on the schedule. She gave kudos to the City Manager for reacting so fast to this new information, and was happy Mr. Watanabe is on our staff with his wealth of knowledge. The City Manager said there is a caveat, that he is recommending #3 at least for the short term, because we don't know the volume of what will be delivered, and going forward he may come back and ask for supplemental help for Mr. Watanabe and himself to see where we go. 5 Regular City Council Meeting May 14, 2014 Page Six MOTION by Mr. Gillmor and SECOND by Ms. Coy to move Mr. Griffin's request to do #3. Mr. Hill stated, so there is no confusion, when we say the term "cooperating agency ", we don't mean cooperating with All Aboard Florida, but with the agency doing the EIS. Mr. Watanabe said the lead agency is the Federal Rail Administration, led by Federal Highway Administration, led by FDOT, and this project is under federal process since they asked for federal dollars. Mr. Hill said the letters we sent just allow us to cooperate with the federal agency about the City of Sebastian. Ms. Coy said up to this point, all the agencies have been receiving their information from FECI and we were taking their word that we are not allowed to do anything until the EIS is released, but the federal registry says otherwise. Mr. Gillmor gave kudos to the City Manager for picking up on that and requesting that, because had we know earlier we could have had 30 more days to respond. Ms. Coy said she is glad that Mr. Watanabe keyed us into that. Mr. Watanabe said TCRPC is a good source of information on the project, and Ms. Coy said we don't need to be hammering them. The City Manager said the Clerk's office (A/V) arranged to put a link on the city website home page to the TCRPC which outlines all the documents in regard to AAB, and encouraged everyone to take a look at it. Ms. Coy said kudos to the City of Sebastian for leading the way. 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 Bruce Zingman, said he was very proud of Sebastian and reported on the Relay for Life in Riverview Park for the first time last Friday and Saturday, and the Stamp Out Hunger food drive at the post office last Saturday with 150 volunteers, which collected for four food pantries. Mayor McPartlan said 30K pounds of food was collected for Our Lords Table, the Ecumenical Council, the River Fund, and Abiding Presence International. He said the sad thing is that food will probably only last until summer. 12. NEW BUSINESS 14.097 A. Memorandum of Understanding — City of Sebastian and Indian River County Historical Society — Fisherman's Landing Museum (Transmittal, MOU, Request by City, IRCHS Response, Chamber Letter, IRCHS Historical Components) The City Manager said it has been a goal of Council to have a museum at the Working Waterfront and we are on the cusp of that right now, described the IRCHS presentation made today to TDC requesting $15K to complete that museum project. He said we have set aside $15,500 from the Clambake Foundation and Senior Center, and have decided that IRCHS is best suited to oversee that project, and the Memorandum of Understanding has been signed by them and he was requesting Council consensus 6 Regular City Council Meeting May 14, 2014 Page Seven before he signs off. He said the proposal is backed up by the Sebastian Chamber of Commerce as well, and recommended approval of the MOU. MOTION by Mr. Hill and SECOND by Ms. Coy to approve. Mayor McPartlan asked on behalf of someone else, about the CrabEBill sign and when Working Waterfront sign will go up. The City Manager said the Working Waterfront sign will be erected when the fish house is completed and will acknowledge the Stan Mayfield Working Waterfront grant. Mayor McPartlan said a contention has been made that the CrabEBill sign is in the way and blocking everything. The City Manager said he would look into it. Roll Call: Ayes: Coy, Gillmor, McPartlan, Hill, Adams Nays: None Passed: 5 -0 14.098 B. Replacement of Failing ICOP Video Retention Server Under Florida State Contract in the Amount of $11,960.70 with Appropriation from DST Reserve Funds from Dell (Transmittal, Dell Quote) The City Manager said a few months ago we replaced cameras in police cars, the server was starting to fail at that time, and the warranty is up now so they want to replace it. Chief Morris said the server assists with making copies of requested police video and it is currently taking the evidence technician 20 hours per week to download video. MOTION by Ms. Coy and SECOND by Mr. Adams to approve. Roll Call: Gillmor, McPartlan, Hill, Adams, Coy Nays: None Passed: 5 -0 14.099 C. Discuss City Annexation Possibilities (Transmittal) The City Manager said Mr. Gillmor brought this forward and turned it over to him. Mr. Gillmor said he had been going though the City's Comprehensive Land Use Plan and read from 1 -16 future land use element under Future Industrial Land Use D, in regard to need for increase of industrial property. He said the comp plan states we need to be open to industrial and, in his opinion, commercial. He noted that when you come down 512 and turn right out on US 1 you are out of the City and in the County, then back in the City near Schumann, then back out again and then back in again near Publix at Barber Street. He cited property west of CR 510 on CR 512, the Ansen property, will someday be developed and which city that will happen for will be either Sebastian or Fellsmere and it will be up to the first one there. He asked the City Manager if he had any doubt that Fellsmere wants it and he replied they would love it. Mr. Gillmor continued that his motivation is that without commercial or industrial, residential ad valorem will have to support us, and he wanted to have a conversation with Council to see if there is a consensus to look into it. He said it wasn't so long ago that the City decided not to do any annexation at all, and noted that five to ten years down the road there will be development just as there has been in the past ten years, and if it develops in another city we will have no control over how it is developed. He 7 Regular City Council Meeting May 14, 2014 Page Eight said he would like Council to have a consensus that we are open to future annexation, which will give the City Manager and staff a leg up to contact folks close by us to say if they are thinking of annexation the Council is favorable. Mr. Hill agreed, noting the recent commercial developments on 512 were a result of annexations Council did, said we have shown we would support commercial annexation, and in fact have been in discussions on the Ansen property for many years, but we have to be honest, annexation would be voluntary and it has to be asked for by the property owners. He said he thought we could be a bit more aggressive with property owners on US 1 and 510 and 512 and it is a good idea to make that contact showing that the City is interested in annexation. He said Fellsmere would love to annex that property but that property owner is not ready to annex at this time. Ms. Coy said this Council since 2006 has been favorable to annexation as long as it is a major commercial venture, and not a repeat of the four or five major residential annexations in 2003 -2004. She said a little birdy told her that the Ansen property and parcels out in that direction may be considered for water farming the citrus areas funded by mega state dollars in the form of grants such as we did in the past with Land Acquisition grants. She said we have to make it clear we are open to the Ansens, but the Interlocal Boundary Service Agreement ISBA just stopped because building stopped. Mr. Hill said it got ugly when Fellsmere tripled in size and that has nothing to do with what Mr. Gillmor is discussing. Mr. Gillmor said if you look at the map, there are a lot of little places we can fill in. He said he wants Sebastian to keep its flavor and compactness, but we can fill in a lot of little holes that exist. Ms. Coy asked how would you fill in those holes, unless the people want to come in, and why would they want to pay more taxes. Mr. Gillmor said because they can talk to five council members and not just one county commissioner. Ms. Coy said she can talk to five commissioners. Mr. Gillmor said knowing that we are on board with annexation could give land owners a sense of urgency. He said there are benefits to being in Sebastian rather than Indian River County, such as roads, police and parks. Ms. Coy said she did not see the incentive. Mr. Gillmor said Ansen can't develop in Indian River because they are outside the urban service area, and that is why they annexed property to Fellsmere to be able to develop. Ms. Coy said there are small lots all down US 1, some with homes. Mayor McPartlan suggested we just send a letter out and say Sebastian is open for business, and ask do you want to annex in, and maybe Mr. Watanabe can sell them. He said it has to be up to the individual and it would be beneficial for our City. The City Manager said he has heard that one benefit we have is a very friendly and responsive building department. Regular City Council Meeting May 14, 2014 Page Nine Mayor McPartlan asked the City Manager can he get the word out and the City Manager said he would start knocking on doors. Bruce Zingman said he remembers when Fellsmere came this way and we voted no, and remembered when Jason said they are going to build four villages south of Fellsmere, so just by inviting people. Mr. Hill said the annexations of residential property that took place were revenue neutral at worst. 13. CITY ATTORNEY MATTERS The City Attorney said that the Code Enforcement Special Magistrate, David Hancock passed away unexpectedly, that he was a credit to our process, treated people properly, was a credit to the County Bar Association and will be missed. He said an advertisement will be placed in the Florida Bar News for a Special Magistrate Mayor McPartlan said Mr. Hancock was extremely gracious in any interaction he had with him. 14. CITY MANAGER MATTERS The City Manager reported that when he assumed office he noticed the bad condition of quarter round installations in some areas and wanted to make sure that before we move into the rainy season, they were repaired, so Public Works, under his direction, engaged a company to do maintenance on the quarter round and have completed 29 miles of 40 miles. He respectfully asked to correct a myth out there in the community, whereby it seems some folks think that the City is responsible for maintenance of the swales once the quarter round is installed. He read from the LDC regarding swale maintenance which states all maintenance of the swale and improvements thereto is the responsibility of the property owner. He noted that the quarter round maintenance did not interfere with the ongoing installation of new quarter round. He then reported that the Presidential Streets project is up and running, there will be delays on the waterfront and hopefully it will be completed before the next season starts; and that on May 5 and 6 a TV production company was here filming for "How to do Florida" which airs on the Florida Sports Channel, filmed a portion at the Working Waterfront and it will air sometime in June. 15. CITY CLERK MATTERS — None. 16. CITY COUNCIL MATTERS A. Council Member Coy Ms. Coy spoke on swale maintenance, stating she knows many who think it is the City's responsibility but it is the property owner's responsibility to maintain, including the area under the driveway, and said maybe Code Enforcement can focus on this. I Regular City Council Meeting May 14, 2014 Page Ten B. Council Member Gillmor Mr. Gillmor reported on the first meeting of the Golf Course greens' committee, said it was a good discussion, ideas were discussed, such as limited family memberships available and their good value, noting that we will get this information up on Channel 25. C. Mavor McPartlan Mayor McPartlan said Sebastian is a special place and everyone should want to annex, noting there were 200 volunteers this past weekend at the post office to help collect food, and many businesses which donated money to Relay for Life and food to Stamp out Hunger Workers. D. Vice Mayor Hill Mr. Hill said he was glad to see the Presidential Streets project begin, and this brings to light the need to discuss the Cavcorp parking lot project, and said with the budget process starting he would like to see it back in the CIP to have discussions on it. E. Council Member Adams Mr. Adams reported on a Motorweek magazine article about clean cities, noting that the Indian River School District was lauded as the leaders in the State in propane school buses. 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 7:53 p.m Approve t the May 28, 014 R gular Council Meeting. B : / Y Bob McPartlan, Mayor Attest: Sally A. Maio, M , City Clerk 10