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HomeMy WebLinkAbout06252014 MinutesSEe�sTiA1V HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 25, 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 Reverend Lori Hoey, St. Elizabeth's Episcopal Church. 3. The Pledge of Allegiance was led by Vice Mayor Hill. 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 Community Development Director, Frank Watanabe Environmental Specialist, Cynthia Watson Finance Director, Ken Killgore Fleet Supervisor, Greg Schmidt Deputy Police Chief, Greg Witt 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. A. Brief Announcements Mayor McPartlan announced the 40' of July Freedom Festival on Friday, July 4'^ with a parade at 8:30 am along Indian River Drive, activities all day in Riverview Park and Fireworks at nightfall. Regular City Council Meeting June 25, 2014 Page Two 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 — June 11, 2014 Regular Meeting 14.112 B. Purchase Ford Truck (F-650 w/16 Foot Dump Bed) from Bartow Ford Under FL Sheriffs' Bid (13-11-0904) with Appropriation from Capital Renewal and Replacement Reserve in the Amount of $68,557 (Transmittal, FSA) 14.113 C. Resolution No. R-14-12 — Street Closings During Annual Veterans Events in Riverview Park (Transmittal, R-14-12, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING STREET CLOSINGS FOR THE ANNUAL VETERANS EVENTS HELD AT THE RIVERVIEW PARK VETERANS MEMORIAL GARDEN TO ENSURE PUBLIC SAFETY AND REDUCTION OF NOISE INTERFERENCE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Mr. Adams removed item 7C for discussion. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve items A and B. Roll Call: Ayes: McPartlan, Hill, Adams, Coy, Gillmor Nays: None Passed: 5-0 Item C Mr. Adams asked if approval of the resolution as is would require them to come back in future years for approval and the City Attorney responded that as long as they are happy with the closings as set out in the resolution, they would not have to come back for any further approval. MOTION by Mr. Adams and SECOND by Mr. Gillmor to approve item C. Roll Call: Ayes: Hill, Adams, Coy Gillmor, McPartlan 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. 14.046 A. Natural Resources Board i. Interview, Unless Waived, Submit Nominations for Three Regular Member Positions with Terms to Expire July 1, 2017 The City Clerk said tonight we are filling three regular member positions currently held by Mr. Alvarez, Mr Kriss and Mr. Northcott. She said Mr. Kriss has not reapplied but the other two members have reapplied for their positions, that there are a total of eight applications including the two just mentioned, that two of the eight are currently alternate members, and said she had provided a list of applicants to Council prior to the meeting to help them sort it out (see attached). She said it is great to receive this many applications but it makes it difficult. 0 Regular City Council Meeting June 25, 2014 Page Three Mayor McPartlan said there were many applicants with experience in matters going forward like pollution in the lagoon, and water sampling. He recommended moving up alternates Mr. Progulske and Mr. Brady to regular member. Ms. Coy said she would concur with that and then we have the alternate positions for the new folks but it will be a difficult decision. Mayor McPartlan suggested Ms. Harris as the third regular member, and again reiterated that Ms. Harris, Mr. Progulske and Mr. Brady would be his recommendation for the three regular members. Mayor McPartlan asked if we are filling two alternates. The City Clerk responded that tonight they are being asked to fill three regular member positions, and there are eight applications for that, including the two people who are currently in those positions, two alternates and a few others. She said if Council decides to move up an alternate to any of those regular positions, they could then fill the alternate position, but the first thing to do is fill three regular member positions. Mr. Gillmor asked for clarification that we have two permanent folks who are in there now, Mr. Alvarez and Mr. Northcott, and the City Clerk said yes and they are applying. Mr. Gillmor said we also have two alternates applying and a plethora of other applicants and if some of them are here, he would like to hear from them. The City Clerk said applicants were invited to attend and Mayor McPartlan called on the applicants to address Council individually: • Alan Northcott, South Easy Street, said he had been on the committee for two years, and would like to be reappointed. • Albert Alvarez was not present. • Bob Progulske said he was currently alternate on NRB and was offered option of applying as regular member, submitted for a regular, but would be happy to continue as alternate. • John Brady, Caravan Terrace, current alternate said he had attended only one meeting so far, was interested in the regular position but would be happy to remain as alternate. • Leo Almagro was not present. • James Clifton was not present. • Rose Harris, Genessee Avenue, resident 15 years described her experience and certification as a Florida master naturalist, enjoyed volunteering and being a steward of our land. Mayor McPartlan noted Mr. Lampiasi withdrew his application. Mayor McPartlan reiterated his nominations for Mr. Progulske, Mr. Brady and Ms. Harris taking the three regular slots. Mr. Gillmor asked about Mr. Northcott. Mayor McPartlan recommended that Mr. Northcott and Mr. Alvarez could fill into the alternates, and asked if Council had to fill the alternates tonight. 3 Regular City Council Meeting June 25, 2014 Page Four The City Clerk said the first thing Council needs to do is fill the three regular members out of the eight applications and if they take a current alternate and move that person up they can fill the alternate position, which is what the code allows. She said each person can make nominations, and once we have all the nominations, we call the roll. Mr. Adams proposed Mr. Northcott, Mr. Brady and Mr. Progulske for the three regular members. Mr. Hill said he would be inclined to reappoint Mr. Alvarez and Mr. Northcott, and move Mr. Progulske up to the third position, leave Mr. Brady in as alternate and add Ms. Harris as the other alternate. Ms. Coy said she agreed with that. Mr. Hill said we have a board which has been doing a yeoman's job, and one of them is currently the vice chairman, and we should reward those who are doing such a good job to continue on the committee. Mayor McPartlan said he was looking at moving Mr. Progulske and Mr. Brady up after looking at their applications and their resumes, because with things that are coming up, they would be two great members to move up. Mr. Adams agreed with him on that based on their resumes, that they would be a good fit for this board. Mayor McPartlan asked if they would do a roll call individually for the three spots. The City Clerk said she would call the roll on each person that has been nominated one at a time, and said she would start with Mayor McPartlan's nominees Progulske, Brady and Harris. For Regular Member: Roll Call on Mr. Progulske: Ayes: Adams, Gillmor, McPartlan, Hill, Coy Nays: None — Passed 5-0 — appointed regular member Roll Call on Mr. Brady: Ayes: Coy, McPartlan, Adams Nays: Gillmor, Hill Passed 3-2 — appointed regular member Roll Call on Ms. Harris: Ayes: McPartlan Nays: Gillmor, Hill, Adams, Coy Failed: 1-4 — not appointed regular member The City Clerk said the next person nominated was Mr. Northcott and called the roll on him as regular member because we have only two regular members so far. Roll Call on Mr. Northcott: Ayes: McPartlan, Hill, Adams, Coy, Gillmor Nays: None — appointed regular member The City Clerk said we now have three regular members, Mr. Progulske, Mr. Brady and Mr. Northcott, and that Council could now move two of the other applicants into the vacated alternate positions. She said Mr. Alvarez was the remaining nominee for regular and asked whether Council wanted to consider him in the appointments to alternate positions. 4 Regular City Council Meeting June 25, 2014 Page Five Mr. Gillmor then nominated Mr. Clifton as an alternate. He said in speaking with staff, Mr. Alvarez is interested in being on the Planning and Zoning Commission when there is an opening. Mr. Hill nominated Ms. Harris as an alternate. Mr. Adams nominated Mr. Almagro as an alternate. The City Clerk asked Mr. Hill, since he recommended Mr. Alvarez as a regular member previously, did he want to nominate him now as an alternate and Mr. Hill said no. She then said she would call the roll for alternate on Mr. Clifton, Ms. Harris and Mr. Almagro individually. Ms. Coy repeated, Mr. Clifton, Ms. Harris and Mr. Alvarez, and the Clerk responded that Mr. Adams had nominated Mr. Almagro and that Mr. Hill had said no on Mr. Alvarez. She was asked if she wanted to add Mr. Alvarez and she did not add him. Roll Call for Alternates: Roll Call on Mr. Clifton: Ayes: Adams, Coy, Gillmor, McPartlan, Hill Nays: None Passed: 5-0 - appointed alternate member Roll Call on Ms. Harris: Ayes: Coy, Gillmor, McPartlan, Hill, Nays: Adams Passed: 4-1 - appointed regular member No vote was taken on Mr. Almagro since the two alternates were filled. Mayor McPartlan thanked all of the applicants. 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS - None 11. PUBLIC INPUT New information or requests to city council not otherwise on prepared agenda — procedures on back of agenda Jim Sunnycalb, South Easy Street, presented a sign he and his son made warning about leaving children and pets in hot cars, and the importance of getting the word out about this. Mayor McPartlan said there are car hangars in City Hall lobby and cited the recent death of a child in Brevard County. Ben Hocker, Sebastian, gave kudos to Council for its diligent work with the railroad, that he had read the paper, and cited the step taken by bringing in Mr. Watanabe who is a specialist with experience on this issue. He said he had called SJRWMD to ask what permits had been applied for by All Aboard Florida and they said none, and had advised him about three marsh areas in the Sebastian area where the tracks cross that may be an issue. He also advised that a noise ordinance with decibel levels may help. 5 Regular City Council Meeting June 25, 2014 Page Six 12. NEW BUSINESS 14.114 A. Sebastian River Area Chamber of Commerce — Pelican Porch Project (Transmittal, Improvement Rendition, Sebastian Clambake Beneficiary Application, 2006 Lease and Amendments) Beth Mitchell, Sebastian River Area Chamber of Commerce President and CEO, introduced Board Members Teresa Tolle, Sandy Gehrke, and Chuck Mechling, said she was here to talk about the Pelican Porch project, to renovate the existing Chamber of Commerce building, and said they were currently in a fundraising mode and planning the project. She exhibited the rendering of the planned project which had been provided in the agenda packet. She noted the Chamber has a 50 year lease which began in 2005 and explained the proposed improvement to include a porch on the east side of the building with main access reodentated to the east side for easier access from the parking lot on the south side of the building, with handicapped compliant access. She said in an effort to address structural problems on the north side with large windows that are affected by heavy wind and rain, they plan to take out the storefront windows, replace that side with concrete block and put in transom windows to hurricane code. She said they will maintain the entrance on the north side, and landscape in accordance with City code. She said the Chamber has been at this location since 1978, is the designated visitor center under the Florida Scenic Highways Programs and receives thousands of visitors and inquiries, and that by making the improvements it will enhance first impressions, improve the image, encourage economic development and business growth, and promote tourism for the City of Sebastian. She noted the estimated budget is $150K, that they have raised $70K to date, and that the Sebastian Clambake Foundation has chosen the project as the #1 recipient for this year's proceeds, noting that they are eager to get started and send Mickey Capp to the City Building Department for permits and get ready to start the renovation in mid to late April 2015 after the tourism season. Mayor McPartlan said the Chamber does an excellent job and is a great partner for the City, citing all of the events the Chamber sponsors, that the project looks great, is the City's front door, but is a little concerned about the color. Ms. Mitchell noted it is just a concept. Ms. Coy said this renovation is going to complete that corner and make it pop, and reiterated to the public that this is a City owned building and that the money raised by the Chamber will be for a permanent renovation to the City's building. She said the Chamber is providing a service and thanked them for the job they do. She encouraged people to come out and get to know and join the Chamber, noting the Senior Center had just sent a check to them for their fund. Mr. Gillmor asked what happened to the original plan. Ms. Mitchell responded that it is a drawing, not a plan and was sketched out when we negotiated the lease in 2005, and there have been a number of reiterations on the project and they have designed a project that will solve problems, particularly access to the building, so this is the proposed concept at this time. Mr. Gillmor asked her if the initial lease was tied into this project, and Ms. Mitchell deferred to the City Attorney. ON Regular City Council Meeting June 25, 2014 Page Seven Mr. Gillmor read the provision in the 2006 lease "the lessee may renovate the existing building and appurtenant improvements in accordance with plans to be approved by landlord, including an expansion of the footprint of the building by addition of a ten foot deep, more or less, front porch along the north, east and west frontages of the building. Landlord shall undertake reasonable accommodations in executing standard business documents required of a lender for construction upon a leased premise, but shall not allows its ownership interest to be subject of any security interest. Landlord shall also cooperate, as the owner, in permitting and in the application process for grants to finance these improvements. Notwithstanding the provisions of Article XXI, if renovations in accordance with Composite Exhibit "l" are not permitted within five years hereof, or completed within seven years hereof, the terms of the 1997 lease between the parties, as extended, shall go back into effect This timeline shall be reasonably extended in the event of force majeure or Act of God. He said we then extended the time in 2010 or 2011 but did not change the term of this provision. Ms. Mitchell deferred to the City Attorney stating the Chamber believes the design does meet the requirements of the lease. Mayor McPartlan agreed with her that they should defer to the City Attorney as far as the document because we are the landlord and if we want to change the concept or the idea as long as that falls within the lease, or maybe the lease has to be changed. The City Attorney said the wording Mr. Gillmor read remains in the current amended lease and talks about expansion of the footprint by addition of a ten foot deep more or less porch on the north, east and west, and references a composite exhibit I which is in the current lease, however, the bottom line is that Council is the landlord and Council makes the decision as to what improvement is satisfactory to the City of Sebastian, and this is before you for that purpose, and they had to come before you for their plan to be approved by the City Council, and it is up to Council as a policy matter to decide if what is being presented now is sufficient consideration on their part for improvements to the building. Mr. Gillmor said Council sits corporally and individually with a heavy burden to look out for the interests of the City as our fiduciary responsibility, and that they are business men and aware of the value of the lease which he estimated at $1.2 M, and worth a couple of thousand a month. He cited a trip to the Punta Gorda Chamber which is city owned and found they pay $1000 per month, which he said was a sweetheart deal. He said this lease is a valuable piece of document and noted the porch originally envisioned was estimated at $300K. Ms. Mitchell said in the original process of negotiation for the lease, they were applying to FDOT and National DOT National Scenic Byways Program for a grant in 2005/2006 or 200612007, and both times the project made it to number 5 and then number 3 in Florida and then got thrown into a pool with other states and was not successful. She said we are not here to renegotiate the lease but to propose a pretty awesome project supported by the community and by its businesses. 7 Regular City Council Meeting June 25, 2014 Page Eight Mr. Gillmor said he would be more interested in the project if it had a total metal roof extending over the whole building. Ms. Mitchell said after they spoke she got feedback from Chamber members and they would be amenable to that and it would finish it off quite nicely. Mr. Hill said he was super excited to see the project getting under way, having been involved with this since 2002, and was long in coming. He said the Chamber's partnership with the City has been fantastic through the years and their worth is far more than $1000 a month, with all the events that they sponsor and the way the Chamber represents the business community as well as the citizenry to make Sebastian a better place to live. He thanked Beth and all the members and said the business community supports them, cited the difficult times we have all been through due to the recession and was glad to see the project coming forward and the drawings, noting the west side could use some touching up. MOTION by Mr. Hill and SECOND by Mayor McPartlan to approve the conceptual plan as presented by the Chamber of Commerce. Ms. Coy said yes they have changed the plans since the initial sketch, but it was a concept and then other things happened at the Chamber, they had issues with the water coming in and what that brings with it, and would technically be a City issue if it had mold issues and they are addressing it and taking out the glass and making it safer. She said the change of plans is not an issue for her. She said she had two people approach her regarding fair market value on either side of the coin, and said if we took every building the city is leasing out, she'd have to ask the senior center and art club what is the fair market value for their buildings, and if we can do it for them, why can't we do it for the businesses. She wished them well. Mr. Gillmor said the Art Club does not have a lease on that building, but are there at the pleasure of the City. Mr. Adams said it is nice to see the plan, and it looks really great and will fit in nicely with the improvements in the area. The City Attorney advised restating the motion as follows: "To accept the Chamber of Commerce's proposal as in substantial compliance with the Chamber's obligations under Section 2 of their lease agreement commencing January 1, 2006. " Mr. Hill amended his motion accordingly and Mayor McPartlan asked if the new concept should be the new Exhibit to lease and the City Attorney said yes. Ben Hocker, Sebastian, said he looked at this lease several years ago which showed a walk around porch and this looks like a tract home with a sunroom on it and not conducive to what we are trying to do as a quiet fishing community. He said this may be in the historic district and noted the City installed the parking spaces and is maintaining the property. Roll Call: Ayes: McPartlan, Hill, Adams, Coy Nays: Gillmor Passed: 4-1 8 Regular City Council Meeting June 25, 2014 Page Nine 14.021 B. Finance Director Report on Staff Recommendation on Fiscal Year Proposed Millage and Highlights of Items Necessary to Fund in Budget (Transmittal) The City Manager said the DR -420 with proposed taxable values was received from the Property Appraiser and the Finance Director would give a report on what that means. The Finance Director noted that the decision on the maximum millage will be considered by Council on July 9th, and gave a brief presentation on the good news received from the Property Appraiser which shows a $60M increase in the total tax rolls, for a total of about $890M, of which $20M was new construction, compared with $9.51VI in new construction last year, based on values as of December 31. He said with those values, the calculated rolled back rate compared to the current rate of 3.7166 would be 3.5446, with a difference of about $145K in additional revenue. He said the Budget Review Advisory Board is scheduled to meet on June 30th to give their input and recommendation to City Council. 14.115 C. Florida League of Cities Matters (Transmittal, FLC Information) i. Resolutions to Submit ii. FLC Delegate iii. Legislative Policies Committees Mr. Adams was selected to be the voting delegate. Mr. Hill and Mr. Adams said they will be applying as Legislative Policy Committee members. The City Clerk noted that this action will act as approval for prior approval for reimbursement of travel to meetings beyond 75 miles, as required by the Code. Discussion took place on resolutions. The Clerk noted that the resolutions requested here are to be in regard to commemorative, constitutional or federal issues with a deadline of July 9th and those resolutions are taken up at the August conference, and any resolutions recommending State legislative changes are taken up by the Legislative committees and acted upon at the November FLC meeting. No resolutions were recommended at this time. Ms. Coy noted we are having a problem with the speakers near the dais in her corner. 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS The City Manager said All Aboard Florida will conduct their field reviews for Sebastian on July 16th with the Community Development Director, the City Manager and the Public Works Director; reported on the Michael Nichols Memorial Golf Tournament from which $500 was donated to the American Cancer Society. The City Manager said he asked the Community Development Director and Environmental Specialist to make a presentation on water testing. Mr. Watanabe gave a Power Point presentation (see attached prepared with the assistance of the Environmental Specialist on water quality testing using existing City baseline information from previous studies and use of the newly purchased Hach hand held water tester. He said they will be comparing the City's results with SJRWMD. 0 Regular City Council Meeting June 25, 2014 Page Ten 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Vice Mayor Hill — None B. Council Member Adams - None Ms. Coy assured the public, in light of a Press Journal article, that AAF leaving the City out of the loop is not as gloom and doom as it reads, that it is status quo, but that Sebastian is leading the way with Mr. Watanabe and the City Manager; reported on a proliferation of political signs in the City by a PAC supporting Congressional candidate Gabriel Rothblatt, and though signs can be put up now they cannot be placed willy nilly so she had called him and told him this does not work well in Sebastian and we look at this as someone we don't want to put in office. She said if anyone needs his phone number to call her. D. Council Member Gillmor Mr. Gillmor thanked Mr. Hockerfor the information regarding SJRWMD permitting, and encouraged everyone to participate by contacting someone higher than them like the Peds. E. Mayor McPartlan Mayor McPartlan reported on the Go -Line map which shows food pantry stops which was provided to the City and that Barbara Brook -Reese had done an excellent job of posting on the City website; and thanked the Art Club for the mural recently painted in the Community Center. Ms. Coy said she was unable to do her own dump the pump ride because she could not find a current Go -Line map anywhere, and finally had new maps delivered to City Hall, and noted the closest bus stop to her is''Y2 mile. 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 7:40 p.m. Approved the July 9, 1 gul r Council Meeting. By: Bob McPartlan, Mayor Attest: Sally A. Maio, 7111"' M , City Clerk 10 NRB Appointments — June 25, 2014 Action — Fill three regular member terms to expire 7/1/2017 which were held by Albert Alvarez, Hank Kriss and Alan Northcott Eight applications submitted — one withdrew — Kriss did not reapply Applicants Leo Almagro — new applicant Albert Alvarez — current regular member James Brady — current alternate appointed in April 2014 to 3+ yr term to 7/1/2017 James Clifton — new applicant Rose Harris — new applicant new app IP Alan Northcott — current regular member Bob Progulske — current alternate appointed to unexpired vacated term in February 2014 to 7/1/2015 City of Sebastian Water Quality Testing June 25, 2014 City Purchased Water Sampling Testing Device — DR 900 Existing Lab Test Data: 1. 2009 Periwinkle Pond 2. 2011 Collier Canal 3. 2014 Washington Outfall 4. 2014 Cleveland Outfall IS Neia ■ Total ❑ Phos Periwinkle Test Results s — 5 – – 4 3 2 — 1 – 0 June -09 16 -Jul -09 27 -Jul -09 Sep -09 Dec -09 Feb -10 1) 1.5 5.3 1.8 2.0 1.6 3.0 3.5 4.4 2.5 2.0 1.6 1.0 0.052 0.61 0.045 0.046 0.049 0.055 M Of SE i HOME OF PELICP N ISLAND Water Quality Testing Test for the following: Total Nitrogen — DEP 351 Phosphorous — DP 365 Nitrates — DEP 353 Sampling Locations 1. Periwinkle Pond 2. Collier Canal 3. Davis Street Outfall 4. Washington Street Outfall 5, Cleveland Street Outfall