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HomeMy WebLinkAbout09242014 Minutescnv��r IEST_" Qz� HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 24, 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. The invocation was given by Council Member Adams. 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, Ken Killgore Community Development Director, Frank Watanabe Administrative Support Officer, Cynthia Watson Deputy Police Chief, Greg Witt Public Works Director, Jerry Converse E -Records & Information Manager, Barbara Brooke -Reese AV Specialist, Matt Sinno 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None Regular City Council Meeting September 24, 2014 Page Two 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 i. September 25th - Sebastian River High School Homecoming Parade — Indian River Drive from Main Street to Riverview Park Followed by Rally in Riverview Park ii. October 4th - Craft Club of Sebastian Fall Craft Show in Riverview Park — 10amto3pm iii. October 1St- Sebastian Police Department — Community Night Out Event at Riverview Park — 5:30 pm to 7:30 pm Mayor McPartlan read the brief announcements above and included the change of date for the Chamber of Commerce Candidate Forum in City Council Chambers to Thursday, October 9th from 7 pm to 9 pm and noted it would be broadcast live on Comcast Channel 25 and rebroadcast from October 10th to 12th on Channel 25. Mr. Adams announced events geared toward children as follows: • IR Lagoon Science Festival Lagoon Poinciana Point Park - September 27th _ 10 amto3pm • National Estuaries Day at ELC on September 27th from 9 am to 1 pm • Lagoon Community Project in Jensen Beach on September 28th from 8 am to 11 am 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 — September 10, 2014 Regular Meeting B. Approval of Minutes — September 15, 2014 Special Meeting/Budget Hearing 14.158/ C. Approve Mutual Termination of Contract with C & S Companies for Golf Course 13.082 Storage Building Design -Build as Approved on 12/13/13 (Transmittal) 14.159 D. Award Annual Quarter Round Cleaning Contract to Sampson Tree Service of Ft. Pierce and Authorize City Manager to Execute Contract — One Year with Two Automatic One Year Extensions Unless Terminated by Either Party (Transmittal, Bid Tabulation Form, Bid Documents and Agreement, Insurance) 14.160 E. Approve Modified Contract Between City of Sebastian and International Golf Maintenance, Inc. (IGM) for Maintenance of the Sebastian Municipal Golf Course for a Period of Ten Years Commencing on October 1, 2014 and Transfer Ownership of Maintenance Equipment to IGM Upon Payment to City for Equipment Payoff Amount Due Seacoast Bank (Transmittal, Proposed Agreement, Current Agreement, Equipment List) N Regular City Council Meeting September 24, 2014 Page Three 14.161 F. Resolution No. R-14-26 — Amending Lease Agreement By and Between Sebastian Municipal Airport and Sebastian Municipal Golf Course (Transmittal, R-14-26, R-00- 48) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO SECTION 4 "RENT" OF THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN FOR USE OF LAND FROM THE SEBASTIAN MUNICIPAL AIRPORT IN THE OPERATION OF THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 14.162 G. Resolution No. R-14-27 - Ratification of PBA Contract Amendment — 3% Increase in Rate of Pay Effective 10/1/14 (Transmittal, R-14-27, 9/5/14 CFPBA Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING A 3% WAGE INCREASE FOR ALL STEPS OF PAY GRADE 27 AND 30 IN ACCORDANCE WITH ARTICLE 15.2 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION (CFPBA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2016; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY'S RATIFICATION AND CAUSE SAID INCREASES TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Hill removed item E. MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve items A -D, F -G. Roll Call: Ayes: Hill, Adams, Coy, Gillmor, McPartlan Nays: None Passed: 5-0 Item E — IGM Golf Course Maintenance Agreement Vice Mayor Hill recused himself and said he had a voting conflict (see Conflict Form attached). MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve item E. Roll Call: Ayes: Adams, Coy, Gillmor, McPartlan Nays: None Recused: Hill Passed: 4-0 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. 14.013 A. Police Pension Board of Trustees i. Confirm Appointment of Fifth Member — Kenneth Killgore, Administrative Services Director to Fill Unexpired Vacancy with Term to Expire October 2017 (Transmittal) MOTION by Ms. Coy and SECOND by Mayor McPartlan to confirm Mr. Killgore. Roll Call: Ayes: Coy, Gillmor, McPartlan, Hill, Adams Nays: None Passed: 5-0 Other Reports Mr. Adams reported on unemployment figures from the Treasure Coast Council of Local Governments meeting showing a slight increase for July due to seasonal adjustments. Regular City Council Meeting September 24, 2014 Page Four Mr. Gillmor reported on his attendance at the Indian River Lagoon National Estuary Program meeting in Palm Bay today, said the program has been housed in SJRWMD for many years, and there has been talk that it has not been that productive and are talking about moving it out into its own sphere of influence and out of the umbrella of SJRWMD. He said St. Johns and South Florida Water Management Districts would continue to fund it and they are asking the four counties to chip in $50K each to help move this along. He said it was an interesting meeting and the bottom line is if this works out there may be grants they can take advantage of. He said he spoke on behalf of Treasure Coast Regional League of Cities saying that they would want to be part of that voice. 9. FINAL PUBLIC HEARING ON MILLAGE AND BUDGET 14.021 A. Final Hearing on Millage for Calendar Year 2014 and FY 2014/2015 Budget (Transmittals, R-14-22, R-14-23 w/schedule A, R-14-24 w/plan, and R-14-25 w/attachment A, Proposed Revised Budget Under Separate Cover) The City Attorney advised City Council this was the second and final hearing on the millage and budget resolutions and read the titles for Resolutions R-14-22, R-14-23, R-14-24, and R-14-25. a) Resolution No. R-14-22 - Millage Rate for Calendar Year 2014 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 3.8556 MILLS FOR THE CALENDAR YEAR 2014 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. b) Resolution No. R-14-23 - Budget for Fiscal Year 2014/2015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30,2015; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. C) Resolution No. R-14-24 - Approval of Six -Year CIP — FY 2015-2020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A SIX-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS ENDING 2015-2020; PROVIDING REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 2 Regular City Council Meeting September 24, 2014 Page Five d) Resolution No. R-14-25 -Adopting Financial Policies A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, READOPTING AMENDED FINANCIAL POLICIES GOVERNING VARIOUS AREAS OF BUDGET AND FINANCE AS PROVIDED FOR IN ATTACHMENT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager announced the proposed millage rate of 3.8566 mills, which is 8.77% higher than the rolled -back rate of 3.5446, said this millage rate would allow funding for lagoon improvements, extra street paving, AAF contingencies, and the COPS grant. The City Attorney noted for the record that the actual millage proposed is 3.8556 as set out in millage Resolution R-14-22 (there was a typo in a procedures list provided by the Clerk) The Administrative Services Director gave a brief Power Point presentation (see PP attached), noting the 3.8556 rate allows the budget to fund the recommendations of the Budget Advisory Board, for $15K COPS match, $50K for AAF, $100K for IR lagoon, and $157K for street repaving. He continued by explaining the effects of the rate increase and citing required advertisements as set out in FS. iii. Mayor McPartlan opened the hearing for public comment at 6:43 p.m. There was no one who requested to give input. iv. Mayor McPartlan closed the hearing. V. City Council Deliberation and Action a) Adopt Resolution No. R-14-22 - Millage Rate for Calendar Year 2014 MOTION by Ms. Coy and SECOND by Mayor McPartlan to adopt Resolution No. R-14-22 millage rate for calendar year 2014. Mr. Hill asked the City Manager whether all the road improvements in his original proposed budget were included in this current budget. The City Manager said his original recommendation was to keep the millage rate at 3.7166 mills, and that would have fund city services including some street repaving in the amount of $200K, but that amount would not cover the lagoon, AAF, the COPS grant or the extra street repaving. He said with the higher millage there is an extra $157K for extra street repaving. Mr. Hill then stated staff should check its figures. The Administrative Services Director said under the original recommendation at 3.7166 mills recommended $200K (from ad valorem) for street resurfacing, that the Board then recommended a higher millage rate and setting aside $100K for street resurfacing, $100K for lagoon, $50K for AAF and $15K for COPS grant, and added $57K from the insurance savings to the street resurfacing. Mr. Hill again said the City Manager's original recommendation had $200K for street resurfacing. Mr. Hill said then we have reduced the amount for street resurfacing from the City Manager's original proposal to put $200K toward street repaving and now at a higher millage rate we are putting only $157K toward streets Regular City Council Meeting September 24, 2014 Page Six resurfacing, but we have increased revenues in the amount of $65K. The ADS said that was accurate. Mr. Hill said we want to be honest with the public and say that this budget we are passing tonight actually reduces the amount for street repaving and we are not doing more, but doing less. He then cited the other recommendations of $100K for the lagoon, $50K for AAF, and $15K for COPS for a total of $165K, and reducing road repaving, and asked if we have specific lines items for any of those expenditures. The Administrative Services Director said for street resurfacing and AAF they are moving those funds from General Fund to Local Option Gas Tax because that line is typically used for those expenses. Mr. Hill said the $100K for the lagoon is already spent and we have a specific line item for it so this Council doesn't have the discretion to move that money around. The Administrative Services Director said that is being transferred to a capital fund that is typically used for stormwater improvements, will show in the General Fund budget as an appropriation transferred to that fund and then we will create a project in that fund. Mr. Hill asked if there is a project for this in that fund and the ASD said the capital improvement funds are created from the capital improvement program. Mr. Hill asked if this is the same thing with AAF. The ASD said those funds will go to Local Option Gas Tax. Mr. Hill asked when we will decide what we will spend the $100K for the lagoon on. The ASD said the thinking at this time is matching funds for baffle boxes. Mr. Hill said in his opinion this is not an acceptable way to run a government, that this is tax and spend, said we have done so well over the last decade of not taxing and spending but streamlining, and is embarrassed that we are going to increase taxes by 9% when we can balance the budget at rolled -back, and we are increasing taxes 5% more than the City Manager wanted and paving less roads and he cannot support. Mr. Gillmor said one of the biggest things as a Board we have agreed upon is that the lagoon is the number one issue, and without putting money toward that you are saying it is not a big deal, and everything revolves around that. He said it is a huge economic engine for growth in the Treasure Coast and no matter what you do, people live here because of the proximity to the lagoon, and recalled Mr. Flaherty's comment that he did not know of anyone who would not ante up $5 extra for the lagoon. He said we know that baffle boxes cost $50K and then another $20K or more for maintenance and we can earmark funds for other lagoon related items. He said the lagoon is worth saving and unless municipalities step up and save it and are willing to spend money, in the amount of an average of ten cents per week per homeowner, which is the difference between 3.7166 and 3.8556 mills. He said there are no slush funds, a budget is nothing more than a moving target, and as Vice Mayor Hill knows we do budget adjustments every quarter and we juggle the budget, because our projections aren't exact. He said as far as roads go we need to do all we can for the roads and for lagoon and for AAF and we will be well positioned to fix our quiet zones and assure safety of our citizens. He said it is reckless not to put money toward those items. 3 Regular City Council Meeting September 24, 2014 Page Seven Mr. Adams voiced his displeasure with the anticipated increase in the millage rate, said the budget was balanced at rolled -back rate with an actual surplus, the budget already had money earmarked for street resurfacing, the excess funds can be put toward the lagoon, and to the COPS grant and the AAF grant. He said there is no reason to increase our millage and unduly burden our residents whether it is five dollars or five cents, and you can't say that people can find that money because you don't know what people are dealing with. He said the budget was balanced at the lower rate and there was no reason to increase it and again expressed his strong displeasure for council's intent to increase the millage. Ms. Coy said twice tonight she has heard that the budget is balanced at rolled -back, but it fails to account for very important financing that we need immediately, that we need to do the lagoon now, noting the baffle box project alone will eat up $100K, and matching grants for quiet zones for AAF quiet zones is not accounted for in our alleged balanced rolled -back balanced. She said she did not believe in using reserves as slush funds because they are emergency funds only. She said we know where this money should go that we are asking for with a minimal increase. She asked the Mayor's permission to call the Chairman of the Budget Board to the podium for a clarification. Ms. Coy asked for clarification from Ed Herlihy, Chairman of the Budget Advisory Board, stating it was her understanding that we were increasing the amount of monies for road resurfacing and adding an additional $157K to the original amount. Mr. Herlihy responded that is correct, and that it was his understanding, and one member of the budget committee who was sitting with him tonight conferred, that there is the original $200K in the balanced budget the City Manager put forth, and the Budget Board added $100K to that number and then when the $57K surplus came up because of reduction in cost of benefits, they recommended that the $57K be added for a sum total of $357K for roads, and they have heard nothing different and nothing has been said that the $200,000 has disappeared. Ms. Coy asked the City Manager if there is $357K budgeted for road resurfacing in next year's budget. The City Manager said we had a balanced budget at rolled -back rate, at 3.7166 we had $200K for road resurfacing in the budget we presented, we are resurfacing and redoing Coolidge, Tulip and Fleming and this year we are doing Englar. He said it was staff's understanding that the extra $100K was for street resurfacing and then the $57K savings was added for a total of $157K to street repaving and that was the Budget Board recommendation. Ms. Coy said that this will be above and beyond what is listed in your rolled -back balanced budget, so right now if we look at the budget as proposed before us tonight there is $357K towards road resurfacing. The City Manager said we have earmarked some of those budget funds for specific projects, Fleming, Tulip, Coolidge and the extra $157K will be earmarked for street resurfacing. Ms. Coy said we are probably saying it differently but are on the same page. 7 Regular City Council Meeting September 24, 2014 Page Eight The ASD said the $157K is coming from ad valorem taxes as opposed to the other projects which are funded by DST. Ms. Coy said $200K is coming out of discretionary sales tax and $157K is coming out of general fund. She said the bottom line is that $357K is earmarked for fixing roads, so we are not doing less, we are doing more and we can't get behind on our roads. She said that is the intent, thanked Mr. Herlihy and is what she understood from the last meeting. She said staff was being so proficient that it gets confusing, and it is generally easy to confuse the public. She said so it is $357K to fix roads and the City Manager said actually it is more than that. Mr. Hill said we are talking about the General Fund right now, and those other funds are not part of this subject, that the City Manager's recommendation had an additional $200K for street repaving on top of all the other stuff that are in the other funds, and the budget that we are approving has less than that, and the bottom line is we went from the original $200K of spending to an additional $156K we are spending, so there is $34K less for street paving than the City Manager's recommendation. Ms. Coy said she is not buying it, and he can say it his way, bottom line is that the citizens group recommended certain items needed to be done, street repaving needs is important and needs to catch up and this millage rate does that, the lagoon is extraordinarily important, we need to put our money where our mouth is and this slight increase in the millage rate does that. She said the State has its guidelines and we have to talk in rolled -back rate, but the difference between 3.8556 and 3.7166 is .1390 which is 13 cents on a hundred dollars. She said there are political viewpoints, but this is not a political Council, we have to take into effect the needs of the City and the rate we are asking for and the improvements and funds we are asking for is not irresponsible and is the right thing to do. She said we need the grant from the State for quiet zones and we are doing this with this minimal raise in the millage. Mayor McPartlan said in looking at the rolled -back rate there was nothing in there for AAF or the lagoon which are the biggest issues that have come before this Council in the past year, and we are putting our money where our mouth is, all the baffle boxes will need matching grants, as with AAF with the money put aside we'll get the maximum bang for the dollar, that he has called the City Manager because there are a lot more roads in disrepair out there and his hope is that we can maintain them so it doesn't get to the place where we have to replace them. Roll Call: Ayes: McPartlan, Coy, Gillmor Nays: Hill, Adams Passed: 3-2 b) Adopt Resolution No. R-14-23 - Budget for Fiscal Year 2014/2015 MOTION by Ms. Coy and SECOND by Mr. Gillmor to adopt Resolution No. R-14-23 budget for FY 2014-2015. Mr. Hill asked if there is less money in this budget than there was in the City Manager recommendation for road improvements. The ASD said there is less funding out of General Fund ad valorem tax money. Roll Call: Ayes: Coy, Gillmor, McPartlan Nays: Adams, Hill Passed: 3-2 8 Regular City Council Meeting September 24, 2014 Page Nine C) Adopt Resolution No. R-14-24 - Six -Year CIP for FY 2015-2020 MOTION by Mr. Gillmor and SECOND by Mayor McPartlan to approve Resolution No. R-14-24. The City Attorney said this is the six year Capital Improvement Plan. Roll Call: Ayes: Adams, Coy, Gillmor, McPartlan, Hill Nays: None Passed: 5-0 d) Adopt Resolution No. R-14-25 - Adopting Financial Policies MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve. Roll Call: Ayes: Gillmor, McPartlan, Hill, Adams, Coy Nays: None Passed: 5-0 The City Manager restated the millage of 3.8556 is 8.77% higher than the rolled -back rate of 3.5446 which will help fund the Indian River Lagoon improvements, extra street paving, AAF funding contingency, and the COPS grant. 10. UNFINISHED BUSINESS 14.018 A. All Aboard Florida i. Rusty Roberts — Brief Presentation Rusty Roberts gave a brief update on the proposed All Aboard Florida passenger rail project .(see written presentation attached hereto) and responded to questions from Council. Mr. Gillmor asked if the upgrades to the tracks would increase the ability of trains to go faster including freight trains and Mr. Roberts answered yes. Mr. Gillmor asked about the perception that trains will seal one side of our community to the other and asked him to elaborate on how long gates will come down for the passenger trains. Mr. Roberts said the freight train speeds will not increase that much beyond what they are now, but the passenger trains through Indian River County will reach top speed of 110 mph, but will slow down for the approach to the Sebastian River bridge to 70-80 mph. He said when people attend the public meetings there will be a video simulation showing the time frame which is about 48 seconds at 68 mph. He said the average traffic light is 120 seconds, and they will go through twice per hour at 48 seconds each time, so they feel it will be a minimal disruption. He said freight trains are longer, there will be some increased speeds but not much. He said all rail is being upgraded, noise will be reduced, the passenger train is cushioned and will absorb sound and vibration. Ms. Coy said she was happy to hear his concerns about quiet zones and are offering some affordable assistance to accomplish that. She asked if quiet zones will affect freight trains too. She said she will have a lot of technical questions going forward. She said now that FRA has kind of directed that you will make these intersections with the utmost safety in mind, that most intersections once you are done complying with State directives, will be pretty close to quiet zone ready and in some cases fully quiet zone ready. She said 0 Regular City Council Meeting September 24, 2014 Page Ten She appreciates news, his coming here and it is better than six months ago. Mr. Roberts said on quiet zone costs, the designs are in the 30% stage right now and they are going to try to get to 90% and provide the City with those documents which will give a good picture to figure out budget needs for the various crossings. The City Attorney asked Mr. Roberts it the City could get a copy of his prepared statement. He provided it to the City Clerk. ii. Authorize Submission of FDOT Quiet Zone Application — Notice of Intent (Transmittal, Cover Letter & Supporting Documents) The City Manager said staff is proceeding with applying for an FDOT grant for quiet zones. He cited page 147 of the agenda packet which was the letter to FDOT and corrected in the third paragraph, first sentence, from "$500,000" to 150,000". The Community Development Director/City Engineer highlighted the grant set out in the agenda packet, said he has been in touch with the FDOT project manager and FRA local contact, Thomas Drake, who encourages all local agencies to submit the application on the $10M in grants. He said agencies have to do leg work ahead of time and we are ahead of it, said the County hired a consultant for $38K and are in the process of doing calculations. He said he will work with Thomas Drake on more revisions. He explained the difference between quiet zone and sealed corridor regulations and components, and said based on conversations with FRA and FDOT we are ready to submit the Notice of Intent, the letter and application before the October 15th deadline. The City Manager asked for Council consensus. Mr. Gillmor noted there are two corrections in the letter, that the total grant should read 1500,000". Public input Walt McCarty, 110 Bryant Court, expressed concern for residents in Park Place and others who live adjacent to the tracks and if you are going to bring 30 trains per day you are going to destroy their peace of mind and asked them fight this tooth and nail and at the very least put up walls. Mark Lund, Louisiana Avenue, Sebastian, said he lives adjacent to the tracks, and as seven grandkids whose house backs up to the tracks and they mosey over to the tracks and said a wall would be terrific idea. He said he was concerned about their property values, said he took pictures of the Sebastian River bridge stating he doesn't even know how freight trains go over that thing. He said the sound barrier is a good idea, was concerned about his property values and that he is really against it. John Tenerowicz, 310 South Wimbrow, Sebastian, said it is unprofessional that they couldn't stick around long enough to answer questions. 10 Regular City Council Meeting September 24, 2014 Page Eleven Cheryl Doyle, 25 Palmer Drive, Sebastian, invited them to sit on Louisiana Avenue, stating the whistle blows 4 to 7 times all day from Main Street to 512 without a stop, and if we don't get a quiet zone it will be 240 whistles in a twelve hour period. She said what they are doing with the traffic tie up is going to be a nightmare for our town, that trying to get off of Louisiana is hard now, expressed concern for safety if we have to take someone to the hospital, police can't get to US 1, and about property values, asking who will want to rent from her or buy her house and said we are hurting our quiet little town. She said we are paying for people to travel Miami to Orlando, saying no one here is going to take that train. Denise Lund, 1053 Louisiana, Sebastian, said their children bought 1040 Louisiana, and the horn does blow all the way from 512 to Main Street, said they live in an older home and has had pictures fall off the wall. She said this is their livelihood and this is all they have, and can't pick up and just move. She asked them to please not allow this. Paul Nelson, 1309 Louisiana Avenue, said this is going to affect everyone who lives and works here, and asked what is going to be the compensation for people and would property taxes go down. Mayor McPartlan said we are requesting quiet zones, but this is not the City that wants this train and they have been against AAF, but we can't stop it because they own the tracks and are just trying to get safety features and looking into quiet zones. Ms. Coy said we are not voting on the train, and we don't have the ability to stop anything but we can mitigate the damages. She said she used to live in Orange Heights and understands what they are saying. She said they are notifying the State that we want quiet zones, and it will apply to freight trains which scare her more than the passenger trains. She said Sebastian is the only municipality in IRC applying for quiet zone grants thanks to Mr. Watanabe. She asked Mr. Watanabe if he had offered to help other agencies. Mr. Watanabe said he got calls from MPO TAC, Indian River and St. Lucie Counties, and on this wall, while a sound wall is typical for a roadway, the sealed corridor does not mean there will be a wall, noting a passenger rail will be less decibels than freight trains. Ms. Coy said to the public there will be other opportunities for your input, such as the meeting in Vero Beach. Mr. Watanabe said we are submitting for a $10M grant by State of Florida, and Council approved the $50K match. Ms. Coy said we are trying to get funding for quiet zones, and perhaps we can look at some kind of fencing for safety, for residential areas that are that close. MOTION by Ms. Coy and SECOND by Mr. Gillmor to authorize submission of the FDOT quiet zone application. Mr. Gillmor recommended that the public contact their senators or congressmen and the only thing that will stop the train is if FRA does not fund it, noting that that stopped a project in Wisconsin. 11 Regular City Council Meeting September 24, 2014 Page Twelve Ms. Coy requested in preparation for the FRA and AAF public meeting at the Richardson Center on November 5th to conduct an Open House in our Chambers to have the City Manager and Community Development Director answer questions and take input and dialogue on October 15th from 3:30 p.m. to 6:30 p.m. Council concurred. 14.015 B. First Reading of Ordinance No. 0-14-05 — CNG Franchise Agreement Between City of Sebastian and Florida City Gas — Set Public Hearing for October 8, 2014 (Transmittal. 0-14-05. w/Attached Franchise Aareement. 0-14-01) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A SHORT TITLE; PROVIDING FINDINGS AND INTENT; INCORPORATING THE FRANCHISE AGREEMENT; GRANTING TO PIVOTAL HOLDINGS, INC. D/B/A FLORIDA CITY GAS; ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR A PERIOD OF TWENTY-FIVE (25) YEARS TO CONSTRUCT, OPERATE, MAINTAIN, OWN AND TRANSPORT IN THE CITY OF SEBASTIAN, FLORIDA, WORKS FOR THE MANUFACTURE OF, THE TRANSMISSION OF, THE DISTRIBUTION OF, AND THE TRANSPORTATION OF, THE SALE OF GAS, INCLUDING NATURAL , MANUFACTURED, OR MIXED GAS; PROVIDING CONDITIONS TO THE GRANT OF THE FRANCHISE; PROVIDING FOR CITY REGULATION OF THE GAS SYSTEM; PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-14-05 by title. The City Manager said in February staff brought forward an ordinance for a gas franchise for Florida City gas, adopted it, but FCG failed to execute in a timely manner which voided the ordinance, revisions have been made and it is back for adoption again. He recommended recommend passing this on first reading and set public hearing for October 8th MOTION by Mr. Hill and SECOND by Ms. Coy to approve. In response to Mr. Gillmor, the City Manager said the remuneration rate has not been changed. Roll Call: Gillmor, McPartlan, Hill, Adams, Coy Nays: None Passed: 5-0 14.028 C. Approve North Sebastian Sewer and Water Main Design Interlocal Agreement Between Indian River County and City of Sebastian in the Amount of $62,088 (Transmittal, IRC Report, Interlocal Agreement, Interlocal Agreement 2012) The City Manager said this is here at the request of Indian River County and in an effort to move forward sewer in our CRA District, that this agreement voids the previous Davis Street agreement and obligates the City in the amount of $62,088 for its share of the design. He recommended approval. MOTION by Mr. Gillmor and SECOND by Mr. Hill to approve. Damian Gilliams, 1623 US 1, asked why Council would even consider giving money to Indian River County and hoped they would quiz their reps to find out how much money they have on franchise fees in escrow to expand their facility and said we should not expend one dime, because they have millions in their fund. 12 Regular City Council Meeting September 24, 2014 Page Thirteen Ms. Coy said she did not mind partnering or paying our fair share but we had the Davis Street project that just went away, and the money disappeared and the project came to a halt and would only approve it with a caveat that if the project doesn't get finished the County would reimburse us the design fee, with a contingency written up that if not done in x number of years. She said she does not intend to pay for construction because there is money and she is disappointed that they are asking us and pleading poverty. Mr. Gillmor said he would like to change his motion to incorporate that, a time certain or we get our money back. Mr. Watanabe said he believed two years would be a good time frame. He said the majority of the survey data for Davis Street was being used for this project. He agreed with a time frame. Mr. Gillmor said initially start pulling permits in two years, and Mr. Watanabe said this is the design to get coalition funds for the construction. Mr. Gillmor said he didn't want this sitting on a shelf, citing other County projects proposed in the north county that disappear. Ms. Coy said what about they pay it and we reimburse after. Mr. Gillmor said he would change motion to 30 months from time things start to when they have to pull permit otherwise we want our money back. Earl Masteller, Masteller and Moler, Design Engineer, said this sewer project is more viable than the Davis Street project, because it includes area outside the City, from the cemetery to Bay Street and those northern areas have more ERUs, including multiple ERUs in commercial areas. He said this is an economic, environmental and commercial incentive and that he can assure them he and the County are not interested in this plan sitting on a shelf, but felt if plans are in place and are construction ready we have a better opportunity for grants. He said the Davis project was not affordable, and if you want to put time frame, this change will have to go back down to the County and they have to approve what you did. Ms. Coy said he can't guarantee that because he doesn't expend dollars at the County level, and though he had a great reputation, she wants a guarantee of county funding. Mr. Hill said they are requiring this so they can get a grant, and if they can't get grants they don't do the project and it is worth us partnering with the County for applying for grants. He said we talk about the river and this lets us change septic into sewer and putting on a time limit could handcuff the County. Ms. Coy said what is upsetting is that the County approved this last week and didn't even come to us before they did. Mr. Gillmor noted on the 395 ERUs only 25% are ours, and the rest are in the County, and what is not shown is the other segment, they want to get Roseland Road hooked up, yet they are asking for 45% of the funds. Mr. Masteller said that is Sebastian is paying less for ERUs because they are benefitting from the vast majority of ERUs in the Roseland commercial area, and why the Davis Street project was more expensive because it did not include that area. 13 Regular City Council Meeting September 24, 2014 Page Fourteen Mr. Gillmor said he liked the time certain, that this is negotiation and that's how it works. Ms. Coy said let's ask the County for a presentation. Mr. Masteller said the problem in the past with this area was they had to put in grinders, and gravity sewer is the least costly alternative. Ms. Coy said it was not unreasonable for us to defer for one meeting and ask about the 25% question. She said it could be at the next meeting. Arjuna Weragoda, IRC Utilities, said he understands the time certain on the construction side, but the construction cost is $2.1 M and the County has put this on their five year Cl P, and they are going after grant money and if you have a shovel ready project it is easier to get funding. He said we attended a Council meeting and had a public workshop and we shared with Representative Mayfield and it was concluded that without construction plans the chances for the grant are not that good. He said if you feel like you want to put a time on the construction side we can come back. Ms. Coy asked him why since you are a utility and monies all go back to the County, why they are asking us to pay for this. Mr. Weragoda said it goes back to Davis Street. Ms. Coy said the way this was done says the County assumes we are willing to go ahead, noting we were counting on the Davis Street project and it got us in some hot water. She asked if anyone called from the County to see if we wanted to do this. The City Manager said we were approached by Mr. Baird, Mr. Burke and Mr. Masteller who asked if we were still interested in partnering in sewer and preserving the lagoon, noting the City's portion of the $150K for Davis Street was in repaving streets and drainage. Mr. Watanabe said that was correct. Ms. Coy said and while the street was torn up the County was going to come in and put in sewer. Mr. Gillmor said none of that $150K was for engineering. The City Manager said there was $5K for survey work. Mr. Weragoda said Mr. Masteller used that survey in the design. Mr. Gillmor said the City's total exposure was $150K to put in sewer and pave the road, the County has the franchise and asked again why are we paying. Mr. Gillmor said he was sticking with his motion and Mr. Hill withdrew his second. Ms. Coy said she wants a presentation from Mr. Baird or someone who can talk about the money. Mr. Hill asked how long have we talked about getting sewer to the riverfront and they are asking us to partner to get a grant which is incredibly necessary, citing studies showing pollution coming from septic. He said we had the County come here and discuss this plan and we all said yes and we should go forward with this and it would take care of everything on the east side of US 1. He then made a motion to approve this item but it died for lack of a second. 14 Regular City Council Meeting September 24, 2014 Page Fifteen Mayor McPartlan asked the City Manager to contact the County to come to a meeting to talk about the dollars and cents. The City Manager said he would try to get someone here for the next meeting. Mr. Gillmor suggested maybe inviting one of our County Commissioners as well. 14.163/ D. Approve Contract for Coolidge Street Construction and Award to Timothy Rose 13.079 Contracting in the Amount of $460,037 and Authorize City Manager to Execute (Transmittal, 12/13/13 Agenda Transmittal Re Presidential Streets, Coolidge Bid Contract from Timothy Rose Contracting) The City Manager said the Coolidge Street portion of the Presidential Streets project got shelved because of funding problems and staff would like to move forward now, and they can see the history of the project in the transmittal. He recommended award to Timothy Rose Contracting. MOTION by Mr. Adams and SECOND by Mayor McPartlan to approve. Damien Gilliams, 1623 US 1, asked if some of the money is coming from the CRA account, said you are raising taxes, you have money for roads and have unrestricted $5M in reserves, are moving money around so people can't track it. He said CRA money and DST money going to roads and playing a shell game. He said we should not raise taxes on resurfacing of roads because we have plenty of funds we have been moving around. He started talking about the north county sewer project. Ms. Coy called a point of order. Mr. Gilliams cited page 206 noting CRA money which he said should be used for other purposes. He said Golf Course and Building are losing money. He said people are tired of taxes and you have $5M in reserves. Ms. Coy called a point of order and said taxes are long done and were at the beginning of the meeting and we are on contract for Coolidge Street and ask the speaker remain on topic. Mr. Gilliams said there are DST funds in this item and it is all intertwined Ms. Coy asked for the project timeframe. The City Manager said Monday after Clambake for start and finish before the Arts Festival in January. Ms. Coy asked that it be guaranteed the staging area be clear for the art festival in case the road was not quite complete. The City Manager said he was certain we can make that guarantee. Roll Call: Hill, Adams, Coy, Gillmor, McPartlan Nays: None Passed 5-0 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Andrea Ring, Quarry Lane, Sebastian said she had an ongoing problem Waste Management not collecting her yard waste or coming by at all and Mr. Gillmor contacted them and now they are collecting the waste and wanted to thank him for his help. 15 Regular City Council Meeting September 24, 2014 Page Sixteen Walt McCarty, 110 Bryant Court, said he was back to discuss the squawking bird issue in his neighborhood, said he had called five or six times and went through the police record, noting that police officers visited him and heard the birds and went over to the property and the people were away and said the birds were in the back yard and in large cages and could not be moved and the same weekend an officer came out we went out on back porch and he heard the noise and said he was going to talk to them. He questioned why would they lie, and concluded his contention that there is a hole in the law. He said we have officer documentation that they are in the back yard, and they are large parrots. He said noise destroys your quality of life and is asking for an ordinance that you can't keep exotic birds in your back yard. He said other people in the neighborhood are afraid of confrontation. The City Manager said he had not been out there, but had met with the Chief, Council Member Gillmor, a Code Enforcement Officer who has been out there many times, and the Chief brought incident reports to the meeting and on every one no citation issued because they could not find supporting evidence and the Code Enforcement Officer made the same assertion. He said there has been a suggestion made that the gentleman supply a recording because if an officer Deputy Chief Witt said when we respond if there is no violation we can't make assumptions because it violates peoples' due process. He said Mr. McCarty is advised to call when occurring and if there is a violation they can take action. The City Manager said they asked for a recommendation from the City Attorney at their meeting about ordinance language. Mayor McPartlan asked if there is a problem with leaving them out on the back porch unattended, and the City Manager said they are in a porch area. Deputy Chief Witt said if an animal is outside they look to see if there is water or food and if not we contact animal control, and if the animal is being cared for but just being outside or on a porch is not a violation. Mayor McPartlan asked if we have talked to other neighbors and the City Manager said yes but he was not sure of their motivation not to come forward. Mayor McPartlan asked the City Attorney about our noise ordinance. The City Attorney said we spent time putting together a noise ordinance and if there is excessive noise you call police, stated he was at the staff meeting and the police records indicate when calls came in officers responded in a reasonable period of time, and they don't hear the violation of the ordinance and if they don't hear it they don't issue and if they do they issue a citation. He said an officer can demand the noise be tempered within five minutes and if not he can take the next step. He said the problem here is that we have a complaint from one specific property owner and we have talked with him about having a tape recording and he suggested it, and said he would record the noise, and that discussion took place on more than one occasion but it never occurred. He said our people have not heard anything to act under our ordinance, so from the way ordinance is addressed, we don't have a violation that we can establish. He said there have dozens of complaints filed over a period of years and it is a noise ordinance we don't proceed further. Mayor McPartlan said any recording would have to be time stamped. Wei Regular City Council Meeting September 24, 2014 Page Seventeen Mr. Gillmor said our noise ordinance was due to noise from the river and to a large degree that noise has subsided and been moderated and businesses have worked with the Police and neighbors, but his concern in reading this is it could be dogs and birds and there are mechanisms here but if you don't hear the noise you can't write a citation. The City Attorney said we also suggested we have a handheld decibel meter and though the noise ordinance is not a decibel type ordinance there is nothing wrong with an officer having a meter to register what kind of noise we are hearing. The City Manager said he empathized with Mr. McCarty and said he would have him get with Deputy Chief Witt and trade phone numbers, that he has the number for Code Enforcement on speed dial and can by-pass our call center when it occurs so they can get out to the house and verify it, and we can get him to work on a recording process, and even if there was authentication problems it is a place to start. Mayor McPartlan asked if we have spoken to the owners of the birds and the City Attorney said yes. Damien Gilliams said he felt for this gentleman and said Council purposely wrote the ordinance on the riverfront to take care of its friends and it is not enforceable. He said they have a duty and responsibility to provide peace and quiet at people's homes, and asked why don't they just tell the guy they're not going to do anything about it. He went on to say that it was not brought up that the hospital is on the east side of the railroad tracks and we need to get with others and lawyer up and stop this train, saying they are just enlarging the freight. Ms. Coy called a point of order for him to stay on topic and we have already addressed that. Russ Owen, Sebastian, said he had come to Council about his swale and that had been corrected but now the problem is mosquitoes, and that no one is spraying. He also said there is a large piece of aluminum in a tree near Attorney Gore's office since the 2004 hurricanes and someone needs to get it out. Ms. Coy advised he call Mosquito Control every day. 12. NEW BUSINESS - None 13. CITY ATTORNEY MATTERS 14.018 A. Oral Report Re: Meeting with Indian River County Attorney. City of Vero Beach Attorney and All Aboard Florida The City Attorney reported on the meeting which included Miles Tobin, Government Representative for AAF, where they talked about the crossing agreements and said no one has signed them as yet. He said Mr. Tobin said there will be tangible benefits up and down the line and AAF would quantify those for us. He said he will be bringing this back in the near future, noting the time limits originally imposed have been lifted. 14.164 B. Florida Constitutional Amendment Two — Regulation of Medical Marijuana (Proposed Amendment Language) The City Attorney said after discussions with staff about preparing a zoning ordinance, it has been decided for now to handle this as a special use under the current code, which is 17 Regular City Council Meeting September 24, 2014 Page Seventeen something we impose conditions for. He said he got an email this morning from the County Attorney and that the County may look at something along the line of the pill mill ordinance, which they allowed municipalities to use, and said because of our irregular borders it may make sense to deal with this on a larger scale and we may be able to incorporate the County ordinance. 14. CITY MANAGER MATTERS The City Manager congratulated Sebastian Vacation Rentals, John and Debra Conway, who were recognized at the IRC Chamber Industry Appreciation for best reuse of property; said he will attend tomorrow's Executive Roundtable meeting with Chief Morris and report back to Council; and told Council he would like to enter into an agreement with Mulligans for a boat slip in which the City will install a lift for the Sebastian Police boat. He said the five year agreement is gratis. There was no objection from Council. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Adams - None B. Council Member Coy - Go -Line Update Ms. Coy said there are issues with north county Go -Line routes and are currently level F. She asked for permission to sit down and seriously review alternate solutions to routes with the City Manager and MPO Director and Senior Resources to review it and come back with possible solutions at Council level. C. Council Member Gillmor - None D. Mayor McPartlan - None E. Vice Mayor Hill - None 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 9:19 p.m. Approved at the October 6X014 Rprgular Council Meeting. By6 Bob McPartlan, Mayor Attest: � Sally A. Maio, C, City Clerk 18 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—F RST NAME—MI DLE NAME r NAM F ARD, CO NCfL, COMMI AUTH f� , OR COMMI E ICS to uC,[ era MAILING D ytE�S �1/ THE BOA UNCIL, COMMISSION, AUTH ITY OR COMMITTEE ON WHIC ERVE IS A UNIT OF: ITY ❑ COUNTY P. ❑OTH R LOCAL AGENCY CITY ` CO NT E POLITICALSulDIVISI DATE ON WHICH VO O CU RED ) i 1_/ S: kIrrOSITibNIL, ELECTIVE APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DIS L rURE OF LOCAL OFFICER'S INTEREST L I, hereby disclose that on 20 : (a) A m sure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: c" aes� °l�� 0A'g'q (LI Date Filed Sign*re NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 STATEMENT BY RUSSELL (RUSTY) ROBERTS REPRESENTING ALL ABOARD FLORIDA SEBASTIAN CITY COUNCIL, September 24, 2014 Mr. Mayor, Members of the Council, I appreciate this opportunity to appear before you today and provide this brief update on the All Aboard Florida intercity passenger rail project. The All Aboard Florida project will be one of the largest transportation construction projects undertaken in our state in decades, perhaps not since the interstate system was built. Not since Henry Flagler first brought his train down this coast to Key West has Florida had the opportunity to benefit by a major new transportation corridor. And like Flagler's venture, this project is a private sector driven initiative. Though our financing includes utilizing an existing federal loan program created to modernize rail infrastructure for passenger and freight, it is fully collateralized and will be repaid with private funds and with interest, much like financing on your home. And, AAF has skin in the game. These borrowed funds are supplemented by hundreds of millions of dollars in cash and equity from Florida East Coast Industries and third party investors. Without question this is an unprecedented venture. Grand initiatives rarely succeed without vision and without risk. But when successful, the benefits are always fully appreciated. Our vision seeks to create a product that serves both the nine million people who live within proximity of the corridor we plan to serve, and the more than 90 million visitors who flock to Florida every year. All Aboard Florida is a new and exciting venture that is vital to a healthy economy and essential to serving the six million more residents expected to live here by 2030. Some of those folks will likely live here in Sebastian and I suspect you'll find that you have 7 or 8 old grouches by then. In the planning and development of this ground- breaking venture we are very aware that this service will have impacts. However, the environmental impact statement process we are undergoing is designed to balance those impacts with the many benefits the new infrastructure will provide. As you know, the Draft EIS was issued by the Federal Railroad Administration on Friday. We are now in the first few days of a 75 day public comment period. In addition to the opportunity for this council and the public to submit comments online, the FRA will be conducting eight public meetings, where interested individuals will be able to view detailed designs and specific features of the project... and have the opportunity to ask questions of FRA officials, AAF personnel and our planning and development partners. Here in this county, the public meeting will be held at Indian River State College, in Richardson Hall, 3:30 — 7:00 pm on November 5tn The scope of an EIS is broad and comprehensive, including impacts to land use, air and water quality, noise and vibration, navigation, wildlife, historic properties, and more. We believe that the findings of the DEIS are consistent with what we have been saying about the project, both in terms of benefits and impacts. The report shows there would be minimal adverse impacts, with improvements to public safety, air quality and noise associated with the implementation of All Aboard Florida. Here in Sebastian we know that there are questions about safety and our plans with regard to the bridge over the St. Sebastian River. First, safety; Be assured we are putting safety first in the planning and construction of this passenger system. Every grade crossing on the corridor will be upgraded with safety enhancements done in full accordance with FDOT and FRA sealed corridor guidelines. The Federal Railroad Administration's final report will confirm this and it will outline the safety measures to be installed at crossings throughout Indian River County. These improvements will be 100% paid for by AAF. The city will bear zero costs. The result will create one of the safest railroads in the country, with adherence to the highest standards of safety required for operations of type proposed by AAF. The results of the AAF investment will be a significant improvement in terms of safety and operational efficiency. It will be a tangible benefit along the entire route. AAF will improve the operating efficiency and reliability of the railroad through investments in new signals, communications technology and physical plant improvements to bridges and railroad capacity. These improvements mean a more predictable and efficient operation of both freight and passenger traffic in the corridor. Our trains will be less impactful as well. They are shorter, lighter, better for the environment, and cause less vibration than freight trains. These improvements mean an overall less impact, the details of which are referenced in the EIS document. You will also note in the Draft EIS that the St. Sebastian River Bridge will be replaced. Two new independent ballast deck structures will be built on the east side of the existing bridge. The old bridge will be removed. Our bridge will also improve water flows because we will replace the current 25 and 50 foot spans with longer 75 foot spans, resulting in fewer piers in the water. With regard to quiet zones, we are sensitive to the City's concern about additional expenses needed to make Sebastian a quiet zone. While this is a designation that only the city can apply for under FRA regulation, we want to work with you to realize this goal. We now believe that the significant investments made by AAF into the crossings will largely absorb the vast majority of the costs associated with improvements needed to affect quiet zones along the corridor, eliminating the need for trains to utilize horns as a public safety warning. AAF represents a once in a lifetime opportunity to realize this benefit at the lowest possible cost to the city, the quickest possible time frame and the easiest possible process. In addition to the investment we are making, as evidence of our commitment to supporting the realization of this benefit to the city, we are willing to assist with needed engineering, bidding, construction management and installation of the required components to make a quiet zone. The only thing we cannot do... is prepare and file the application to the FRA. However, we have initiated conversations with several officials of the MPO and county so that we can insure a cooperative and coordinated approach and we have suggested that one application be submitted for the county and cities as a cost -savings measure. This is similar to the process undertaken in South Florida. Should additional local costs be required, through a pre -funding agreement with the city, or designated applicant, AAF can complete the work concurrently with our required safety and infrastructure upgrades, resulting in significant savings to each municipality. And, I just want to say parenthetically that, without the coming of All Aboard Florida, freight train horns would remain part of the daily routine. While, in this first phase, our passenger system does not offer a local station stop, it does bring several significant benefits, some of which I have just outlined, and it sets the stage for future expansion. But, you can't expand what doesn't exist. Like any large-scale infrastructure project, our system must be built in phases. Make no mistake. All Aboard Florida has a window to the future. It doesn't begin and end here. Florida's growth will continue, and we are bullish about the future and the opportunities ahead to serve more communities. So, we appreciate your patience, your diligent advocacy on behalf of your city's residents, and you're your willingness to stay engaged with us.