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HomeMy WebLinkAbout07232014 Agenda Packet SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 23, 2014 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are on the back of the Agenda 1. CALL TO ORDER 2. INVOCATION – Reverend Lori Hoey, St. Elizabeth’s Episcopal Church 3. PLEDGE OF ALLEGIANCE – Led by Council Member Coy 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 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. 14.125 A. Employee of the 1st Quarter 2014 - Robert Robinson III, Mechanic, Fleet 4 Management Division 14.126 B. YMCA Presentation – John Lass, President, YMCA of the Treasure Coast 5 14.127 C. OneBlood Presentation – Wendy Przedweicki, Community Relations Coordinator 14.128 D. Indian River Mosquito Control Presentation – Doug Carlson, Director, Indian River Mosquito Control District 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. 6-14 A. Approval of Minutes – July 9, 2014 Regular Meeting 14.129 B. Approve Bid Waiver and Piggy Back Collier County Contract to Authorize Shenandoah 15-18 Construction to Slip Line the Martin Avenue Pipe in the Amount of $64,895 (Public Works Transmittal, Estimate, Collier County Contract) 14.130 C. Approve Bid Award to Anant Technologies, Inc. to Replace 2000 Gallon Diesel Fuel 19-39 Tank and Pump in the Amount of $27,014 (Public Works Transmittal, Bid Tab, Vendor Response) 1 2 14.131 D. Yacht Club Use – Approve Alcoholic Beverage Use in City Facility – Birthday Party 40-42 (Name on File) – August 9, 2014 from 3 pm to 7 pm (Parks Transmittal, Rental Permit Application, Receipt) 14.132 E. Community Center Use – Approve Alcoholic Beverage Use in City Facility – Birthday 43-45 Party (Name on File) – August 30, 2014 from 5 pm to 9 pm (Parks Transmittal, Rental Permit Application, Receipt) 14.133 F. Yacht Club Use – Approve Alcoholic Beverage Use in City Facility – Wedding Reception 46-48 (Name on File) – September 27, 2014 from 10 am to 2 pm (Parks Transmittal, Rental Permit Application, Receipt) 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. 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda- procedures on back of agenda 12. NEW BUSINESS 14.134 A. Approve Appropriation of $12,000 for Proceed with Design Drawings, Surveying and 49-50 Permitting Work for Certain Capital Projects (Administrative Services Transmittal, Capital Project Status Report) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Coy B. Council Member Gillmor C. Mayor McPartlan D. Vice Mayor Hill E. Council Member Adams 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY’S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 2 3 Future Council Meeting Dates: 8/11/14 Special/Workshop Council – Budget 6 pm 8/13/14 Regular City Council Meeting 6:30 pm 8/27/14 Regular City Council Meeting 6:30 pm 9/10/14 Regular City Council Meeting 6:30 pm 9/15/14 Special Council – 1st Budget Hearing – 6 pm 9/24/14 CRA Meeting – Budget 6 pm 9/24/14 Regular City Council Meeting 6:30 pm PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-13-18 Regular City Council Meetings Public input is ALLOWED under the headings: Consent Agenda Public Hearings Unfinished Business New Business Public Input Public input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual’s time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas “Public Input” provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 3 4 5 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 9, 2014 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the Regular Meeting to order at 6:30 p.m. 2. The Invocation was given Council Member Gillmor. 3. The Pledge of Allegiance was led by Council Member Adams. 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 Administrative Services Director, Debra Krueger Community Development Director, Frank Watanabe CDD Planner, Jan King Finance Director, Ken Killgore Parks Supervisor, Chris McCarthy Police Chief, Michelle Morris E-Records & Information Manager, Barbara Brooke-Reese AV Specialist, Matt Sino 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 14.116 A. Proclamation and Presentation of Life Saving Medal to Christopher Johnson by Mayor and Chief of Police Mayor McPartlan read and presented the proclamation to Christopher Johnson. 6 2 Regular City Council Meeting July 9, 2014 Page Two 14.117 B. Proclamation – Treasure Coast Waterway Cleanup Week – July 20 – 26, 2014 Mayor McPartlan read and presented the proclamation to Steve Haigis. Mr. Haigis said the cleanup takes place on July 26th from 8 am to 12:30 pm and urged people to come out. 14.118 C. Proclamation – Marine Cleanup Initiative, Inc. - Marine Debris Removal Month - Accepted by Captains Don and Diana Voss Mayor McPartlan read and presented the proclamation to Don Voss. Captain Voss said this is the 14th year and they will meet at the Sebastian Inlet this coming Saturday and invited people to watch the dive from the north side of the Inlet, and thanked all the divers involved. 14.119 D. Proclamation – Summer Learning Days in Sebastian – Accepted by Jordan Adams, Director, Boys & Girls Club of Sebastian Mayor McPartlan read the proclamation; however, Mr. Adams was not present. E. Certificate of Appreciation to Al Alvarez – Natural Resources Board Service Mayor McPartlan read the certificate for Albert Alvarez; however, Mr. Alvarez was not present. F. Certificate of Appreciation to Greg Roux – Construction Board Service Mayor McPartlan read the certificate for Greg Roux; however, Mr. Roux was not present. 14.020 G. Expression of Gratitude to City of Sebastian from ACS Relay for Life – Doy Demsick and Charlotte Carlson-Waitner Mr. Demsick and Ms. Carlson-Waitner thanked the City of Sebastian for the use of Riverview Park and said it did wonders for the event to have it there, and presented certificates of appreciation for the City and to each member of Council. They particularly noted the great assistance of and expressed gratitude to Chris McCarthy and Officer Snell. H. Brief Announcements Ms. Coy said Debbie Hanford who sings at the Veterans events and is always there for others needs our help during her husband’s illness, citing a benefit at the Sebastian Elks Lodge on July 26th from 4 pm to 8 pm to help out with his medical costs. 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 25, 2014 Regular Meeting 7 3 Regular City Council Meeting July 9, 2014 Page Three 14.121 B. Adopt Resolution No. R-14-13 Collier Club Phase IIIC Final Plat (Transmittal, R-14-13, Final Plat, Application, Engineer of Record Certification Letter, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB, PHASE IIIC; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 14.019 C. Sebastian River Area Chamber of Commerce Candidate Forum – October 15, 2014 7 pm to 9 m (City Clerk Transmittal) 14.122 D. Approve Road Closures for SFC Daniel Ferguson Memorial 5K Run to Benefit K-9 for Warriors Charity – Saturday 11/15/14 from 6:30 am to 9:30 am – IR Drive from South City Limit to Jackson Street with Notification to Business Owners (Transmittal, Park Use Permit Application, Letter from Mrs. Ferguson and Pictures) MOTION by Mr. Hill and SECOND by Mr. Gillmor to approve the consent agenda. 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. Ms. Coy reported on the MPO meeting, noting Frank Watanabe came and gave a presentation on quiet zones, and members had lots of questions for him and he has been tapped for assistance. Mr. Gillmor further reported that when MPO talked about All Aboard Florida, it was noted that the project seems to have been pushed back, thanks in part to all the talk in the region. 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS - None 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Russ Owen, Sebastian, said he had addressed the former City Manager and Council for assistance with a drainage concern at 1050 Guava Street, stating the water is still there and culvert between properties does not drain. The City Manager said he will look into it. Jim Sunnycalb, Sebastian, suggested signs be posted in Council Chambers to direct people to the lobby restrooms. 12. NEW BUSINESS 14.123 A. Preliminary Request by River Park Plaza Property Owners (480-484 US Highway One) to Construct 34 Paved Parking Spaces Within the City-Owned Adjacent Riverview Park Overflow Parking Lot at Their Cost to Include Interconnectivity with Their Existing Parking Lot and Parking-In-Lieu Credit (Transmittal, Conceptual Site Plan, Sheet C2) Todd Howder, MBV Engineering, introduced his client Jay Cataldo, and made a presentation on his behalf relative to an idea of the property owner to provide paved parking in a portion of the 8 4 Regular City Council Meeting July 9, 2014 Page Four Riverview Park overflow parking area, as exhibited in a handout (see attached), completely paid by the owner but available as public parking with interconnectivity to the owner’s commercial site. He said they have worked with staff and Mr. Watanabe did a great job of getting more parking for the City in the design presented. Mr. Hill said he thought it was a wonderful idea, great to have the owner paying for it, and asked the City Manager whether these spaces necessarily have to be paved to get into the parking in-lieu of program, whereby they could just pay the parking in-lieu-of and not have this paving at all and still get the credits. The City Manager nodded in agreement. Mr. Hill said the City would benefit greatly from the parking, could see many handicapped sites being utilized, parking for the splash pad, and said he supported the idea as a very positive win for the city and the owner. He asked whether or not if there was a future paving project for this lot, we would be able to add on rather than have to remove it to go forward. The City Manager said Mr. Watanabe has looked into that and this would dovetail nicely with any future project. Mr. Hill recommended there be a bridge over the swale to the splash pad for convenience. Ms. Coy asked the applicant if he understood that during holiday events the spots will be taken and would that be okay and Mr. Cataldo responded yes. Ms. Coy said she supported the project and said she had recommended a project like this to the former Manager. She asked if Five Guys was considering coming in and Mr. Cataldo said not at this time. Mayor McPartlan asked if they build, would the City be responsible for maintenance and the City Manager said yes. Mr. Adams said he would not be in favor of losing green space, and noticed this area is not particularly being used, and saw no advantage to this. He agreed the swale looks dangerous to children but his main objection is in losing green space. Mr. Gillmor said he was in favor of the property owner improving City property and it will benefit the splash pad and any event in the park, noting we do have limited parking around Riverview Park, and it is a win-win. The City Manager said he sees a consensus to move forward. Mr. Howder said he appreciated Mr. Adams concerns and would try to be sensitive to the green space and consider tree islands. Mayor McPartlan said he liked the idea of a bridge over the swale. John Tenerowicz, Sebastian said he drove the area tonight and to him it seems like the property owner has enough parking in front and back of his building before they do this. Ben Hocker, Sebastian said he did not like what might come in the future, that we are taking park city property adjacent to a business mainly for their use except maybe on a special occaions and asked what would stop other business owners in the area from wanting to do the same. Mayor McPartlan said the City Manager has consensus for them to move forward through the process. 9 5 Regular City Council Meeting July 9, 2014 Page Five 14.124 B. Request to Reduce Fleming Street Speed Limit from 35 MPH to 30 MPH (Transmittal, Correspondence, FS 316.189) The City Manager said a letter was received from a Fleming Street property owner to request reduction of speed limit on Fleming to 30 mph, that he had provided Council with FS 316.189 which sets maximum residential limits at 30, and said his conclusion is that the speed should be 30. He said a motion would be in order. MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve the request. David Duerr, 565 Fleming Street, the gentleman who mailed the letter of request read a prepared statement, urging the speed limit be lowered to 30 mph. Joe Davis, resident who lives at the intersection of Wimbrow and Fleming, said even at 30 mph people are going to drive faster and that enforcement is important. Jim Miller, Fleming Street, highly supported the request and said traffic moves very quickly there and hopes the City follows this with enforcement. Bob Albright, Chesser Avenue, said he is concerned that when he backs out backing onto Fleming and tries to be cautious, people become unruly and holler. Mayor McPartlan recommended they notify the PD of their concerns to put out a speed enforcement device or police vehicle. Ms. Coy said she wholeheartedly supports this, and noted it is not just that street, and cautioned that lowering the speed limit won’t make the problem go away and we need to give out tickets. Mr. Hill said he supported this but reminded everyone that Fleming is a collector road and there will be more traffic, though Powerline may have alleviated some of the problem Roll Call: Ayes: Adams, Coy, Gillmor, McPartlan, Hill Nays: None Passed: 5-0 14.021 C. Presentation by Finance Director - Recommendation to Set Maximum Millage and Authorize City Manager to Execute and Submit Required Forms to Property Appraiser – Comment by Budget Advisory Board Chair (Transmittal, Forms) The Finance Director gave a Power Point presentation on the proposed FY 2014-2015 budget and noted that after his remarks, Budget Advisory Board Chairman Ed Herlihy will speak. He said the gist of his presentation will be the general fund and the millage rate, and that other areas of the budget will be discussed at the August budget workshop. (See PP presentation attached) He cited a $407,861 total proposed budget increase, including pay raises, higher medical insurance premiums, no position changes for 2015, increased costs for street sweeping, ¼ round cleanup, city newsletter, CRA payment increase. He cited decreased capital outlay costs and listed items requested, methods to balance, what has been left out including no maintenance type or police positions restored except if COPS grant obtained, and no contingency for AAF or the Indian River Lagoon and no funding for requested street resurfacing. 10 6 Regular City Council Meeting July 9, 2014 Page Six Mr. Killgore said property values have increased by an average of 4.9%, and then presented three options: 1) go to rolled-back rate of 3.5446 mills; 2) maintain 3.7166 mills; or, 3) go to 3.8556 which will be recommended by the budget board to include funding to be earmarked for AAF, Indian River Lagoon, and roads. Attached slides provide examples and explain the effects of the three rates. Mr. Killgore said generally at this stage we set the millage at the highest rate that would be adopted by City Council at the end of the budget process in September, because if we increase at the end of the process all taxpayers would have to be notified by first class mail, and notices reprinted. Mr. Gillmor clarified the TRIM notices we send out now legally bind us to a certain extent, and if we sent out a lower number than what we decide on later, it would cost us money to adopt a higher rate. He said if issues should come up with a need for quiet zones it may be wise to come up with higher rate now. Mr. Killgore said the rate set tonight is a worst case scenario, and when we get to the hearings it can be changed. Ed Herlihy, Chairman of the Budget Advisory Board, said the Board reviewed a budget which was excellent, balanced at the present millage, was clear and concise, and commended City staff for a really great job on the budget. He said at their July 1st meeting, they talked about issues such as the Indian River Lagoon pollution, All Aboard Florida, COPS grant match and badly needed road resurfacing and costs that may arise in regard to those issues, and with nothing in the coffers it did not seem proper, so after their discussion they decided to recommend $100K for the lagoon, $50K for AAF, $15K for COPS grant match, and $100K for road resurfacing and that Council set the higher millage rate of 3.8556 at this time. Mr. Herlihy said in regard to the General Fund reserve, Mr.Killgore gave a good presentation to the Board justifying our present $5.1M reserve, and made an interesting point that this is an insurance policy in the event of a disaster and we will have cash on hand, and was certain Mr. Killgore would make that presentation to Council. Mayor McPartlan thanked him for his hard work on the committee. Mr. Hill commended both Mr. Killgore and Mr. Herlihy and asked several questions of the City Manager. The City Manager’s responses to him were that yes, the rolled back rate of 3.5446 would provide a balanced budget, if we leave the millage where it is at 3.7166 it will provide the General Fund with an additional $145K and a 4.9% increase to taxpayers, and would be $145K beyond a balanced budget, going to 3.8556 mills would take it $265K over a balanced budget and represent a 9% increase in taxes. In response to Mr. Hill’s inquiry regarding $100K for the lagoon and what was the money for, the City Manager said he had asked Mr. Watanabe to come forward. Mr. Hill said we are talking about operating funds and these things being recommended should be in the capital budget and that we have capable engineers. He said the City is already spending money for the lagoon through riverfront improvements. He asked what the $50K AAF contingency is for and the City Manager responded it could be for legal or engineering expenses or to establish a fund to start squirreling away money in case we decide on quiet zones, though no one knows what the costs will be it is probably close to the mark, that he had initially recommended $30k and thought that was on the high side but they went even higher, because they thought as a committee it could be an impact on the community. Mr. Hill said there are serious ramifications for raising the millage rate, because once you make those adjustments and increases they don’t go away. 11 7 Regular City Council Meeting July 9, 2014 Page Seven He asked if the millage was 3.7166 would there be street repaving and the City Manager said yes. He noted substantial increases for ¼ round cleaning, and street sweeping in the balanced budget even if we went to rolled back rate. He said he sees baffle boxes as capital improvements and should not be placed in the general fund. He said those are slush funds du jour, created in case we need it and opposes just in case funds. Mayor McPartlan said all we are doing is setting the maximum millage. Mr. Hill continued that the statement made that we generally set it higher then go to a lower rate was a false statement and that it is very rare that there is any adjustment off of what is done tonight. He said he has no problem with the current millage but cannot support a 9% increase when 2/3 is an “if we need it” fund. Mr. Hill asked the City Manager what his recommendation to the Budget Board was and he responded it was 3.7166 and remains 3.7166. Mr. Gillmor said if we were voting on a firm number, he would go with 3.7166, but tonight we are only putting a ceiling on what we are going to ask for, commended the Budget committee and would not want to go against their recommendation and said we need to pay attention to our boards and take their recommendations seriously. He said if we spent the amount of time they spent looking at the budget as they do we wouldn’t need them, that the just in case funds he did not see as a slush fund but rather, what if something does come up and we need the funds. He said if we were voting tonight he would be aboard with 3.7166, but we are just setting a ceiling and he will be in favor of the Budcom recommendation. Ms. Coy thanked Mr. Gillmor for his comments, said she was not prepared to go line item by line item, and the public is not here to argue specific issues, but we are here to set the maximum, we are not establishing that firm rate tonight but giving ourselves options. She said she thought $50K for quiet zones is huge low, and asked why would we want to do that to ourselves, that quiet zones are safety, the lagoon is a health issue, and would rather have money there to do the baffle boxes. She said she disagreed with Mr. Hill and has seen us decrease the millage rate more often than not from what we set, and has seen us roll back until it hurt, and disagreed with the assumption that once it’s set it never changes, and over the last nine years she has seen it change. She said she will go with the Budget Committee recommendation and then we’ll have conversations about this. Mr. Adams thanked the Budget Board and staff and too was not keen in going with the Budget recommendation but to go with 3.7166, noted there are items in here we can make adjustments to and would not want to mistakenly burden citizens with thinking they are facing a higher millage rate. Mayor McPartlan said we are just setting the maximum millage rate and sending out the TRIM notice so he would go with the recommendation of the Budget Board for 3.8556. MOTION by Ms. Coy and SECOND by Mr. Gillmor to set millage at 3.8556 as recommended by the Budget committee. Roll Call: Ayes: Coy, Gillmor, McPartlan Nays: Hill, Adams Passed: 3-2 12 8 Regular City Council Meeting July 9, 2014 Page Eight 13. CITY ATTORNEY MATTERS 14.018 A. Report on All Aboard Florida Legal Counsel Correspondence Regarding Florida East Coast Railway & City of Sebastian Crossing Agreements (7/2/14 Email, 6/18/14 Letter) The City Attorney said he got an email at home last week after the agenda was set so he placed it on the agenda, had called the law firm and had been told that they sent letters out to all the local governments, and notified him that he had been the first to respond to their letter. He said with respect to the letter he recommends we do not execute it at this point, that whatever agreements are there at this time are in place, saw no reason to lock in contractually our responsibility for quiet zones when that responsibility is being considered and may change. He said this is for information but he is not asking for direction, and again recommend we not sign at this point. He said in addition, there has been a misconception, citing Exhibit A of the letter, which indicates Sebastian is responsible for two crossings which is incorrect, that Sebastian appears to be responsible for Barber Street and the Schumann Crossing is between FEC and Indian River County. He said the Clerk provided us with an extensive list of contacts and references to these agreements and we are unable to determine Schumann responsibility so that needs to be straightened out. Ms. Coy asked what about Main Street and he said that is also with the County. The City Attorney said he told Mr. Schiller that we would be in touch and said we heard earlier tonight the project may be put off for a few months into the fall, and asked Mr. Schiller if that extended the 120 day time for signature and he did not know. Other Matters The City Attorney reported that the Special Magistrate want ad had been advertised in the June 15th Florida Bar News, he had provided Council with a chart of responses prepared by Ms. Tarbell, we have 13 applications in hand and a 14th is on its way. He noted that some of the applicants are from a distance and recommended since we do not have the kind of volume to justify long distance travel he could contact those folks and say we are not interested at this time, then he can interview other applicants, negotiate a contract and bring Council the contract, or could interview and rank and bring them to Council for interview. He said that is a decision for Council, but thought he could interview the applicants constructively and bring Council the contract and at the same time have them meet the person. It was noted this latter process was followed for the last Special Magistrate appointment, and an excellent choice was made at that time. The City Attorney said David Hancock was a fair and neutral judge and served Sebastian well. Ms. Coy said if you stay local it keeps the flavor of Sebastian. 14. CITY MANAGER MATTERS The City Manager discussed the July 4th festivities and thanked City Council, and acknowledged all the City workers who were involved, citing Chris McCarthy’s organizational skills. He then invited Network Manager, Rob Messersmith give a brief update on the citywide computer upgrade rollout. Mr. Messersmith reported the system rollout started last week, computers were deployed Monday in City Hall, Tuesday and Wednesday at the PD, and road patrol will be done tonight and tomorrow, and there are no problems to report. 13 9 Regular City Council Meeting July 9, 2014 Page Nine The City Manager commended Mr. Messersmith for a job well done, which he had done almost single handedly. 15. CITY CLERK MATTERS 14.019 A. 2014 Election Matters Report (City Clerk Transmittal) The City Clerk read a brief report citing the City of Sebastian November 2014 election schedule including qualifying dates, early voting dates, and other information (see attached). 16. CITY COUNCIL MATTERS A. Council Member Adams None. B. Council Member Coy Ms. Coy said the 4th of July was a great day and thanked everyone involved, expressed dismay that staff member Bucky Gerber was leaving the City and will be missed, and said in reference to political signs that no one can post signs without permission of the property owners. C. Council Member Gillmor None. D. Mayor McPartlan None. E. Vice Mayor Hill None. 17. Being no further business, Mayor McPartlan adjourned the meeting at 8:18 p.m. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50