sebastian city council agenda council/20150211_cc... · 2015-02-05 · sebastian city council...

SEBASTIAN CITY COUNCIL AGENDA

There will be a regular Sebastian City Council meeting on Wednesday, February 11, 2015, at 6:30 PM. The agenda follows.

All City Council meetings are aired live on the City of Sebastian Channel 25 and streamed live on the Internet. To see meetings on the Internet, go to http://www.cityofsebastian.org. On the left-hand side of the home page you will see the heading, “Channel 25-Live”. Click there to view.

Note that Channel 25, City of Sebastian, now has a fixed repeat schedule for Council and other meetings.

The Council repeat schedule is as follows:

Thursday 10:00 AM, 3:00 PM, 7:00 PM Friday 9:00 AM, 6:30 PM, Midnight Saturday 5:00 AM, 10:00 AM, 3:00 PM, 8:00 PM Sunday 3:00 AM, 9:00 AM, 2:00 PM, 7:00 PM Monday 1:00 AM, 10:00 AM, 6:30 PM

All meetings are held in the Council Chambers located at City Hall, 1225 Main Street, Sebastian.

http://www.cityofsebastian.org/

SEBASTIAN CITY COUNCIL REGULAR MEETING

AGENDA

WEDNESDAY, FEBRUARY 11, 2015 - 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 Back of Agenda

1. CALL TO ORDER

2. INVOCATION – Reverend Dave Newhart, St. Elizabeth’s Episcopal Church 3. PLEDGE OF ALLEGIANCE – Led by Mayor Richard Gillmor 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.

15.034 A. Proclamation – African-American History Month – Accepted by Vice Mayor Jerome 5 Adams 15.035 B. Proclamation – Crossing Guard Appreciation Day – February 6th – Accepted by 6 Sebastian Crossing Guards and Supervisor/Certified Trainer Office Steve Marcinik 15.036 C. Waste Management Presentation – Earth Day Community Recycling Event in

Riverview Park and Community Cleanup Day at BSSC and Schumann Park

D. Brief Announcements 2/14 & 2/15 – Sebastian Art Club Show 2/16 – Presidents Day – City Hall Closed

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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.

7-24 A. Approval of Minutes – January 14, 2015 Regular Meeting

25-34 B. Approval of Minutes – January 28, 2015 Regular Meeting 15.037 C. Prior Approval for Council Travel – Mayor Gillmor Attendance at FLC Advanced 35-37 IEMO III – March 13-14, 2015 – Hilton Orlando/Altamonte Springs, FL (Transmittal,

Registration Form)

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.

15.030 A. Disabilities Advisory Committee - Announce Member Names for Record

Carolyn Sartain-Anderson, Michael Goodfellow, Albert Iovino, Andrea Ring and Mildred Virant

9. PUBLIC HEARINGS (None)

10. UNFINISHED BUSINESS

15.021 A. Unified Plan on Seawall Options (Transmittal, PowerPoint Presentation) 38-48

15.038 B. Barber Street Traffic Campaign (Transmittal, COS PD Statement, Traffic 49-59 Assessment Presentation by City Engineer)

11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda

12. NEW BUSINESS

15.039 A. First Reading of Ordinance No. O-15-02 – Extending Veterans Advisory Board 60-62 Repealer for Additional Five Years – Schedule Second Reading and Public Hearing

for March 11, 2015 (Transmittal, O-15-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING

SECTION 2-253 OF CHAPTER 2, ARTICLE V. DIVISION 7. OF THE CODE OF ORDINANCES; PROVIDING FOR A REPEALER EXTENSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

15.031 B. First Reading Ordinance No. O-15-03 - Temporary Use Permits – Schedule Second 63-68 Reading and Public Hearing for March 11, 2015 (Transmittal, O-15-03) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT

CODE SECTION 54-2-3.2(a)(7) REGARDING PERMITTED LOCATIONS FOR TEMPORARY USES AND SPECIAL EVENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

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15.040 C. Award Working Waterfront Fisherman’s Landing Marina Fish House Construction 69-138 Contract to Ferreira Construction in the Amount of $416,990 and Appropriate $4,915

from DST Funds (Transmittal, Bid Summary Sheet, Construction Services Agreement)

15.041 D. Consider Funding to Participate in Indian River Lagoon Council (Transmittal, Lagoon 139-148 Council News, Mayor’s Letter to IRC Commission Chair Davis)

13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS

15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Vice Mayor Adams B. Council Member Coy C. Council Member Hill D. Council Member McPartlan E. Mayor Gillmor 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.

Future Council Meeting Dates: 2/25/15 Regular City Council Meeting 6:30 pm 3/11/15 Regular City Council Meeting 6:30 pm 3/25/15 Regular City Council Meeting 6:30 pm 4/8/15 Regular City Council Meeting 6:30 pm 4/22/15 Regular City Council Meeting 6:30 pm

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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.

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PROCLAMATION African American History Month 2015

WHEREAS, in America we share a dream that no matter who we are, what we look like or how modest our beginnings or circumstances of our birth, we are all created equal; and

WHEREAS, for African Americans, it was a dream denied until January 1, 1863 when President Lincoln signed the Emancipation Proclamation, calling for an end to slavery, and for many it was a dream deferred until one hundred years later, when on August 23, 1963, Dr. Martin Luther King, Jr. stood on the steps of the Lincoln memorial and spoke of his dreams of freedom and equality, a dream that has never come easily, but always sustained by the belief that in America, change is possible; and

WHEREAS, National African American History Month is a time to tell stories of freedom won and to honor the individuals who wrote them, to trace generations of African Americans, free and slave, who risked everything to realize their God-given rights. When we listen to the echoes of speeches and struggle that made our Nation stronger, we hear again the thousands who sat in, stood up, and called out for equal treatment under the law, and we see yesterday's visionaries in tomorrow's leaders, reminding us that while we have yet to reach the mountaintop, we cannot stop climbing; and

WHEREAS, these brave Americans did not sacrifice to secure fundamental rights for themselves and others only to see those rights denied to their children and grandchildren. Our Nation is still racked with division and poverty, with too many children living in crumbling neighborhoods, attending substandard schools and affected by daily violence in their communities; and

WHEREAS, countless, quiet heroes who worked and bled for change, and African Americans who led by their example throughout the Nation’s history, know that with enough perseverance and united effort, people who love their country can change it.

NOW, THEREFORE, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, and on behalf of the Sebastian City Council, I hereby recognize February 2015 as National African American History Month and urge all residents to understand and learn more about African American history, to live by the example of those men and women who fought for equality, and to follow in their footsteps toward a better future.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 11th day of February 2015.

City of Sebastian, Florida

___________________________ Richard H. Gillmor, Mayor

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PROCLAMATION Crossing Guard Appreciation Day – February 6th

WHEREAS, each and every school day, thousands of dedicated individuals

whom we call crossing guards assist our children across busy streets as they arrive and

depart from school; and

WHEREAS, State and local governments place top priority on child safety and

recognize that education plays a critical role in ensuring the safety of our children and

the crossing guards who assist them on their way to and from school; and

WHEREAS, crossing guards provide an invaluable service to our communities

and deserve special recognition for their tireless efforts.

NOW, THEREFORE, I, Richard H. Gillmor, by virtue of the authority vested in

me as Mayor of the City of Sebastian, Florida, and on behalf of the Sebastian City

Council, do hereby recognize February 6, 2015 as CROSSING GUARD

APPRECIATION DAY in Sebastian and ask all of our citizens to express their

appreciation to our Sebastian Crossing Guards for keeping our children safe every day

of the school year.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of

the City of Sebastian to be affixed this 11th day of February, 2013.

City of Sebastian, Florida

________________________________ Richard H. Gillmor, Mayor

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SEBASTIAN CITY COUNCIL

MINUTES REGULAR MEETING

WEDNESDAY, JANUARY 14, 2015 - 6:30 P.M. CITY COUNCIL CHAMBERS

1225 MAIN STREET, SEBASTIAN, FLORIDA

1. Mayor Gillmor called the Regular Meeting to order at 6:30 p.m.

2. Invocation was given by Pastor Seth Goldsmith, Coastal Community Church. 3. The Pledge of Allegiance was led by Council Member Jim Hill. 4. ROLL CALL

City Council Present: Mayor Richard Gillmor Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Jim Hill Council Member Bob McPartlan City Staff Present: City Manager, Joe Griffin City Attorney, Robert Ginsburg City Clerk, Sally Maio City Engineer/PW Director, Frank Watanabe Administrative Services Director, Ken Killgore Fleet Manager, Greg Schmidt Zoning Tech, Dorri Bosworth Police Chief, Michelle Morris Police Officer, Steven Marcinik E-Records & Information Manager, Barbara Brooke-Reese

5. AGENDA MODIFICATIONS

Modifications and additions require unanimous vote of City Council members

None.



15.001 A. Remembrance of Former City Council Member/Vice Mayor Joe Barczyk (Service

1999-2005) by Council Member Hill

Mr. Hill gave a brief remembrance of former Council Member Joe Barczyk who passed away in January, citing his and his wife Jayne’s community involvement in Sebastian from 1998 to 2005 on many City committees.

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B. Presentation of Proclamations and Certificates by Mayor Gillmor 15.002 i. Proclamation – National Mentoring Month – January 2015 – Accepted by 6 Sabrina Seme, Big Brothers/Big Sisters of St. Lucie, Indian River and

Okeechobee Counties

Mayor Gillmor read and presented the proclamation to Sabrina Seme, Big Brothers/ Big Sisters. Ms. Seme encouraged participation in mentoring area children noting there are 200 children on a mentor waiting list.

15.003 ii. Proclamation – Florida First Responders Appreciation Week – January 5-9, 7 2015 – Accepted by Police Chief Michelle Morris

Mayor Gillmor read and presented the proclamation to Sebastian Police Officer Steve Marcinik.

C. Brief Announcements

• 1/17/15 and 1/18/15 – Sebastian River Fine Art & Music Festival – IR Drive/Riverview Park • 1/23/15 – Sebastian Chamber Concert in Riverview Park – Nightfly – 5:30 to 8 pm • 1/24/15 – Sebastian River Art Club Show in Riverview Park – 10 am to 4 pm

Mayor Gillmor read the announcements listed above. Ms. Coy added the Fellsmere Frog Leg Festival from 1/16/15 through 1/17/15. Mr. Hill announced that Sebastian had its 90th birthday on December 8, 2014, noting that Charles Sembler was on the first Town Council.

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.

8-21 A. Approval of Minutes – December 10, 2014 Regular Meeting 15.004 B. Approve Municipal Election Agreement Between IRC Supervisor of Elections and 22-23 City of Sebastian for Conduct of 11/3/15 General Election - $2 Per Registered Voter

– Approximately $34,000 from FY 2016 Budget (Transmittal, Agreement)

15.005 C. Approve Purchase of One 2015 Chevrolet 2500 Extended Cab 4X4 Truck for Crime 34-44 Scene/Investigations from Alan Jay Fleet Sales under Florida Sheriffs’ Association

Contract #14-22-0904 in the Amount of $27,928.50 with Balance of Budgeted Funds to Purchase Additional Required Equipment for Truck (Transmittal, Vendor Quote, FSA Bid Award)

15.006 D. Approve Purchase of Three 2015 Chevrolet Caprice Police Units from Alan Jay Fleet 45-48 Sales Under the State of Florida Contract #215100000-15-1 in the Total Amount of

$106,880.76 with Balance of Budgeted Funds to Purchase Additional Required Equipment for Units (Transmittal, Vendor Quote, State of FL Award)

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15.007 E. Approve Purchase of One 2015 Ford F-250 4x4 Truck for Code Enforcement from 49-58 Alan Jay Fleet Sales Under Florida Sheriff’s Association Contract #14-22-0904 in the

Amount of $26,992.50 with Balance of Budgeted Funds to Purchase Additional Required Equipment for Truck (Transmittal, Vendor Quote, FSA Bid Award)

15.008 F. Approve Purchase of One 2015 Chevrolet Tahoe for Police K-9 Service from Alan 59-64 Jay Fleet Sales under Florida Sheriffs’ Association Contract #14-22-0904 in the

Amount of $43,863.50 with Balance of Budgeted Funds to Purchase Additional Required Equipment for Truck (Transmittal, Vendor Quote, FSA Bid Award)

15.009 G. Approve Purchase of One 2015 Nissan Frontier Extended Cab Pickup Truck from 65-73 Roundtree-Moore Automotive Group for Building Department Under Florida Sheriff’s

Association Contract #14-22-0904 in the Amount of $18,909 (Transmittal, Vendor Quote, FSA Bid Award)

15.010 H. Approve Purchase of One 2015 Ford F-250 4X2 Truck for Parks Department from 74-83 Alan Jay Fleet Sales Under Florida Sheriff’s Association Contract #14-22-0904 in the

Amount of $22,942.50 (Transmittal, Vendor Quote, FSA Bid Award) 15.011 I. Approve Purchase of One 2015 Ford Interceptor Utility Vehicle for Police Department 84-92 from Duval Ford Fleet Sales Under Florida Sheriff’s Association Contract #14-22-

0904 in the Amount of $26,695 with Balance of Budgeted Funds to Purchase Additional Required Equipment for Vehicle (Transmittal, Vendor Quote, FSA Bid Award)

15.012 J. Approve Purchase of One 2015 Ford F-550 Truck for Stormwater Department from 93-102 Duval Ford Under Florida Sheriff’s Association Contract #14-12-0904 in the Amount

of $47,724 (Transmittal, Vendor Quote, FSA Bid Award) 15.013 K. Approve Purchase of Two 2015 Ford F-250 4X4 Trucks for Stormwater Department 103-112 from Alan Jay Fleet Sales Under Florida Sheriff’s Association Contract #14-22-0904

in the Total Amount of $53,985 (Transmittal, Vendor Quote, FSA Bid Award) 15.014 L. Authorize City Manager to Acknowledge Authorization Engagement Letter dated 113-124 12/10/14 with Rehmann Robson and Change Order for Additional $2,000 for Police

Officers Pension Plan (Transmittal, Engagement Letter, Example Change Order) 15.015 M. Authorize City Manager to Approve Memorandum of Understanding with Coastal 125-128 Florida Public Employees Association Regarding Changes to Collective Bargaining

Agreement to Increase the Cap for Employee Incentive Payments for Building Inspector Certifications from $250 to $500 Annually (Transmittal, Memo of Understanding, Article 14.5 CFPEA Pgs 29 & 30)

15.016 N. Approve Alcoholic Beverage Request at Yacht Club for Surprise Birthday Party 129 1/24/15 from 7 pm to 11 pm –Age Verified (Transmittal, Permit Application on File) 14.121/ O. Approve Resolution No. R-15-02 - Collier Club Final Plat Phase IIID (Transmittal, 15.017 R-15-02, Area Map, Engineer of Record Certification Letter, Application, Final Plat) 130-138

A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB, PHASE IIID; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

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Mr. McPartlan removed item L on behalf of the City Manager. MOTION by Ms. Coy and SECOND by Mr. Hill to approve items A-K and M-O. Roll Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0 Item L – Rehmann Robson Audit Engagement Letter The City Manager and Administrative Services clarified that there was $39K budgeted, staff thought this year’s audit could be done for $37K, but under GASB the police pension additional audit would cost $4,000 so the total cost is $41K and the additional $2K over budget would be appropriated from GF and enterprise funds. MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve item L as amended. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Gillmor Nays: None Passed: 5-0


15.018 A. Natural Resources Board 139-153

i. Interview, Unless Waived, Submit Nominations for One Unexpired Regular Member Position with Term to Expire July 2017 w/Option to Appoint Alternate if Current Alternate Moved Up (Transmittal, 4 Applications, Ad, Member List)

Prior to action on the Natural Resources Board appointment, Mayor Gillmor announced that applicant Terry Taylor was taking the place of his Citizens Budget Review Advisory Board Member appointee, and was withdrawing his application to Natural Resources Board. City Council briefly interviewed two of the remaining three applicants who were present, Andrea Ring and Jack Lampiasi. Mr. Hill nominated Ms. Ring to the regular member position and Mr. Lampiasi to the vacated alternate position. There were no other nominations, therefore they were appointed.

9. PUBLIC HEARINGS (Legislative & Quasi-Judicial)

Procedures for legislative public hearings: � Mayor opens hearing � Attorney reads ordinance or resolution � Staff presentation � Public input (Anyone wishing to speak is asked to raise hand and when called, go to the podium and state name for record) � Staff summation � Mayor closes hearing � Council deliberation and action

14.184/ A. Second Reading and Public Hearing - Ordinance No. O-14-06 - Deferred from 15.019 12/10/14 – Amending LDC Section 54-2-3.2 Re: Procedures and Criteria for 154-160 Temporary Use Permits – Legislative Hearing (Transmittal, O-14-06, Definitions)

AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-3.2 REGARDING PROCEDURES AND CRITERIA FOR REVIEW OF TEMPORARY USES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE.

Mayor Gillmor opened the hearing at 6:50 p.m. and the City Attorney read Ordinance No. O-14-06 by title.

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The City Manager said at the December 10, 2014 meeting he was instructed to gather information and provide a recommendation as to how the ordinance should read, met with businesses and civic organization to get their input, and provided it in the agenda transmittal. He noted he had heard from others by email as has Council. Mayor Gillmor called for public input. Louise Kautenberg, Sebastian asked them to consider this carefully since it has and will have a dramatic impact on local businesses, that they not kill the goose that laid the golden egg. She said this is not about fundraising for the vendors who do business without the bricks and mortar and local rules that are required of local businesses. Mr. Hill said he liked the input they got, and would propose we pass with a few changes, that the only zoning is Public Service (PS), only allowed on improved lots, six times per year. He asked for input from Council on the fee, and suggested perhaps $200 is reasonable, and that no alcoholic beverage sales or food trucks be allowed. Council discussion followed as to if only PS, Walmart could not sell anything under a temporary permit, what uses are in PS zoning, such as churches, American Legion, VFW, city properties, considering banning in PS in residential areas, the ability of the City Manager to override ordinance regulations, that seasonal tent sales are kind of a hybrid, not wanting to allow in commercial unimproved lots, PS zoning issue in relation to use of city parks and the need to make those sacred and approved only by Council. Further discussion took place on car sales and excluding them from the ordinance due to past problems that have occurred and their direct competition with local businesses. The City Manager said we can make car sales a prohibition and the City Attorney asked them to clarify car sales. The City Manager said car sales are excluded in the riverfront area and he has heard complaints about moveable tent car sales. Mr. Hill said that should be a separate regulation. It was agreed to address car regulation at a later time and exclude here. MOTION by Mr. Hill and SECOND by Ms. Coy to approve clearly outlining that the only zoning districts that will be allowed will be Public Service (PS) in non-residential areas, only on improved lots, allowed up to six times per year, fee of $200 per event, no independent food trucks, and no alcohol sales. Mayor Gillmor asked if he would consider moderating the fee for a smaller entity or having profit/non-profit fees such as is done for park events. The City Manager suggested a charitable entity having six events per year could pay the fee for the upfront event and then give him the discretion to reduce the cost for subsequent events assuming it is the same structure. Mr. Hill and Ms. Coy agreed to add to motion. Ms. Coy asked about car sales and Mr. Hill asked how we define a car. The City Attorney said motor vehicle covers a wide area. Mr. Hill asked if we can change the ordinance without changing the title and the City Attorney said yes. The City Manager then said he would be more comfortable if we could defer again, take Council’s recommendation and come back with a finished product at the next meeting. Mr. Hill said it is clear where we are.

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Mayor Gillmor noted a discrepancy between packet page 155 paragraph 4 (ordinance 1st page) which requires “if” the applicant is not the property owner they submit a $200 cash bond and on page on page 157 paragraph C (ordinance 3rd page) it states the applicant shall post $200 cash bond and it should state “if required”. Mr. Hill restated the amended motion to approve Ordinance No. O-14-06 with a clear understanding of the zoning districts, Public Service, no residential, only on improved lots, allowed up to six times per year, with upfront fee of $200 to be adjusted by the City Manager, no independent food trucks, no alcohol, and excluding motor vehicles that run on the road and have four wheels. Ms. Coy concurred. The City Attorney defined the motion is to approve with amendments as follows: Public Service districts in non-residential neighborhoods only, which he explained means if you had a church in a residential area, they would not be permitted to have a temporary use and if you have a church and the area around it is commercial, then you could, only on improved lots, and up to six times per year. Ms. Coy noted now we have excluded Christmas trees at Walmart and fireworks at Walmart and she did not want to exclude those. There was consensus to include commercial districts back in. The City Attorney restated again: • Commercial and Public Service in Non-Residential Areas • Improved lots • Six times per year • $200 for the initial event and City Manager will determine fees for subsequent events • No food trucks • No alcohol sales • No motor vehicles Mr. Hill said that is the motion and Ms. Coy concurred. Mr. Adams expressed concern for excluding churches in residential areas which would be prohibited from temporary uses citing the church on Clearmont, and the City Attorney agreed this ordinance would not permit a temporary use permit there. Mr. Hill said that is not the intent if they wanted a small event. Ms. Coy said this is not for something contained within the facility, but it would be prohibit something only outdoors. Mayor Gillmor said if they wanted something larger maybe they could use someone else’s commercial property or another church. Mr. Adams said we need to work on this some more. Mayor Gillmor asked for a roll call on the motion. Roll Call: Ayes: Coy, Hill, McPartlan, Gillmor Nays: Adams Passed: 4-1

15.020 B. Conduct Quasi-Judicial Public Hearing on Resolution No. R-15-01 – Special Use 161-194 Permit - RV Resort in PUD-C Zoning - Chesser’s Gap Transmittal, R-15-01,

Procedures & Staff Report, Conceptual Plan, Aerial, Aerial with Site Plan, App with Backup, Chesser’s Gap PUD and Plat, PZ Minutes 11-6-14)

A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR A RECREATIONAL VEHICLE RESORT WITHIN A COMMERCIAL PLANNED UNIT DEVELOPMENT (PUD-C), SPECIFICALLY FOR THE CHESSER’S GAP PUD LOCATED SOUTH OF SEBASTIAN BOULEVARD ALONG FLEMING STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE.

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Mayor Gillmor opened the public hearing at 7:22 pm and the City Attorney read Resolution No. R-15-01 by title. Ms. Coy disclosed she had a discussion with Dr. Fischer who was upset with the conduct of the Planning and Zoning Commission Meeting but she told him she could not discuss the issue with him, that discussion would not affect her decision, and, in response to the City Attorney, said she did not discuss with him the merits of this item.

Mayor Gillmor said he also had a similar conversation with Dr. Fischer, and in response to the City Attorney said he did not discuss the merits of this item. Mr. McPartlan said he had the same conversation with Dr. Fischer and spoke to Mr. King a little bit about the project and understanding RVers, and in response to the City Attorney said he would be able to base his judgment on the evidence produced before him on the record, uninfluenced by those phone conversations. The City Clerk swore in all those who intended to offer factual testimony during the hearing. Attorney Warren Dill, 1565 US 1, Sebastian, representing applicants Tarek Kirschen, owner of the property on the north side of Fleming Street, and Dr. Henry Fischer, owner of the property on the south side of Fleming Street. He introduced Mr. Kirschen, Dr. Fischer, Todd Howder of MBV Engineering and Peter Armfield of Armfield, Wagner, an appraisal firm in Vero Beach. Mr. Dill said the property is commonly known as Chesser’s Gap, is an approved PUD and is approved for residential, commercial and light industrial uses, and the request before Council is for a special use permit for a very upscale RV resort, because the Land Development Code does not address that use. He said all the uses requested are already approved as permitted or conditional uses except for the actual RV sites. He said the LDC cannot list every conceivable use so it provides this special exception process, so they can review that and can impose conditions on that use to strictly regulate the project. He said staff has recommended 16 conditions and the applicants are proposing two more. He described the process they must go through, first being the special use permit and second the site plan approval process, at which time additional conditions can be imposed. Mr. Dill said at the prior Planning and Zoning Commission hearing, some residents had concerns, which break down into two categories, the first being the misconception of these being mobile homes and property values, and the second being pedophiles. He said he can state unequivocally that there will be no mobile homes on the property because the zoning does not allow it here, conditions of approval will prohibit mobile homes and there will be deed restrictions which they will ask the City Attorney to look at and which will prohibit them. He went on to say he understood potential concerns regarding new uses coming into their area which may affect their property, noting this will be addressed by Mr. Armfield. He said the idea that saying that RV owners are pedophiles is incomprehensible to him, and realizes emotions run high and comments can be made, but there are lines that you don’t cross unless you can back it up. He said everyone took an oath to tell the truth and if it comes up, he will exercise his legal right to cross-examine that speaker at the podium and have them set forth their credentials and qualifications to make that statement. Mr. Dill said staff has done a complete and thorough job of reviewing the project, and recommends approval of the project. He said the resort is worthy of approval due its minimal impact on the surrounding area and the revenue that will be generated, that based on an

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average lot price of $80K, one lot would generate $1309 in annual taxes, which pales compared to the money these people will be spending in the businesses in town. He said they are people who are in motor homes that cost from $500K to several millions.

Todd Howder, MBV Engineering, gave a Power Point presentation (see PP attached to minutes for reference). During the presentation Mr. Howder noted that there would be a 90% reduction in daily trips from the RV Resort in comparison to the previously approved townhouses on this property, and Mr. Dill noted this was the best use for traffic impacts in the location. Further, it was noted that there would be a 50 foot buffer on the east side of the project, which was information left off the PZ hearing, as well as deletion of the exit to Wave Street, inclusion of no left turn out of the north side and no right turn out of the south side and a 24/7 guarded gate. Mr. Howder went on to cite the height comparison, entrance gatehouse, RV lot appearance with brick pavers, structures and seating, class A RV types, and prohibited RV types. Mr. Dill presented additional conditions in regard to allowing Class A motorhomes in excess of 26 feet only and review of deed restrictions by the City Attorney for consistency with conditions of approval of the Special Use Permit (see exhibit listing two conditions submitted by Mr. Dill attached to minutes). Peter Armfield, President Armfield-Wagner Appraisal Research, 1940 10th Avenue, Vero Beach, cited his 35 years of experience in appraisals in Indian River County, both public and private, including City of Sebastian, City of Vero Beach and Indian River County, his MAI certification which recognizes his expertise in appraisals of non-residential properties, and SRA designation which recognizes expertise in appraisal of residential properties. He said he was contacted by Warren Dill to form an opinion on the impact on values of surrounding residential properties of the subject property with 148 estate lots for Class A motor homes, well designed with landscaping. He said the principle surrounding properties are Harbor Point and Collier Creek to the east, which are upscale subdivisions with houses in the range of $200K to $400K, with square footage of 1800 to 4000 sf, and parts of Sebastian Highlands to the south and to the northeast with a price range somewhat lower. He said all of these areas are accessed from many directions. He said most values are related to supply and demand, and there is nothing in this development that will materially affect these subdivisions. He cited subdivisions of this type, including South Moon Under, Ashbury and Laurel Reserve which have developed successfully alongside of and accessible through other types of commercial, mobile home zoning uses and older highlands areas, and that has not lessened the marketability of homes in these subdivisions. Mr. Armfield said this RV resort will be quite attractive with professional landscaping, an improvement over what is there now, if developed as conceptualized with more intense stewardship, will have a homeowners’ fund to keep the property in an attractive manner over time. In conclusion, he stated that if Chesser’s Gap RV Resort is built as conceptualized, it will not result in a detrimental influence on surrounding residential properties. Mr. Dill said this concludes the applicants’ presentation subject to his right to cross-examine speakers, and to respond to speakers. The City Manager said on November 6, 2014, Planning and Zoning held its meeting and he watched it at home, the next day gathered materials and over the next two days reviewed all the materials, said some things were missed. He said he concluded this development will have a lot of merit to the City, and in subsequent talks to the agents for this property,

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encouraged them to move forward with this application to the Council, and recommended on behalf of staff, approval of R-15-01. Mayor Gillmor called recess at 8:07 pm and reconvened the meeting at 8:23 pm. All members were present. At this time Mayor Gillmor called for public input, specifically for those in favor. Debra Green said she originally wanted protection for children and that there would be background checks, the Police Chief said all sex offenders have to be registered, said she was an insurance underwriter for ten years, resorts come across her desk for individual owners, and they sell for $50K to $60K, and in the ten years she has been doing this she has not had one claim. She said this will bring good income to City and is for this. Christine Hall, owner Indian River RV, Sebastian, said she was very excited about this project, and described her RV owner clientele, who have disposable income, are very friendly, are outdoors people, love our river and our restaurants. She said this fits in our City and will bring more jobs including her own which has grown from two people to 15. She said she would much rather have this resort there than looking at the back of a Lowes. She said a lot of her northern customers end up buying a home and end up in Sebastian. Ben Hocker, Sebastian, asked for clarification of the number of anticipated units. He noted that the agenda packet states 148 on page 173, and on page 184 it states 96 units and $100K per unit and tonight it was presented at $80K per unit. Mayor Gillmor said the correct number is 148. He said 96 are on one side of the road and 51 are on the other side. Jim Sunnycalb, 721 South Easy Street, Collier Creek, described the Sunshine RV Resort where he stayed and found a place to live, that people in the resort will be the type of people who will want to build in his neighborhood. He said John King and Dr. Fischer will build a high class project and it will be done in good taste, did not see it being run down later and he sees it as an asset to Collier Creek, that this is a NIMBY syndrome such as it was with the Dog Park and Stormwater Park. He said he would rather see this than low income housing. Lynn Clark, Sebastian, asked when and if the development comes in will it be done in small phases or all at once. Mayor Gillmor called for public opposing the request. Greg Paschal, 115 Harbor Point Drive, also member of Parks and Recreation Committee, disagreed with the comment that they don’t understand about the project, stating that he had done a lot of research, had been at the development office, visited other sites and talked to a lot of people in the community. He said he had no problem with an RV park per se; it is the location and whether it is the best use in the heart of a residential area. He said information given has been coming from the development office and clarified that we are looking at a special use permit and this is a site plan. He said he finds it curious that there was never a disclosure statement made during the Planning and Zoning hearing about Jan King being in the development office and John King being a part of the development. He said when things came up in the hearing and it was asked if things would be in a particular place they were told no, they did not know because that is not a site plan, which he found odd and confusing as to where that information was coming. He cited PZ findings on the special use permit.

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He referenced staff report page six, LDC 54-2-6.2.d and said it reads that if Council is going to overturn what is already voted on by PZ they have to find that the application meets the six criteria set out in that section under LDC Conditional Use Criteria. He cited areas where it does not meet those criteria. He said he visited the St. Lucie West RV Resort cited by the applicant and that it is a completely enclosed development not split by a major thoroughfare, and it supports the uses around it, and is close to Mets stadium, I-95; but in this case, transient housing does not fit with the community that is established. He said the site managers in St. Lucie, said in their opinion, it does not make sense to split this by a major thoroughfare, and it will increase traffic. He referenced the statement made about 296 traffic trips, noting there was no estimate on the number of participants. He said the traffic will be increased. He then cited that after PZ, the Wave intersection has been moved, and since this is not a site plan they are not sure what they are looking at, it is a moving target and about talked about trust, and how hard it is to know what we are talking about. Mayor Gillmor asked if he was a spokesperson for people here and Mr. Paschal said no just very concerned. Mayor Gillmor told him there is a five minute time limit and his time was about up. Mr. Paschal said “if my community will give me more time”, and the audience yelled out. Mr. Hill said this is inappropriate, unless he is the only one who is going to speak in opposition. Mr. Paschal said he was not trying to monopolize others’ time. Mayor Gillmor said that is why he asked if he was their spokesperson and if everyone wants to give up their rights to speak. Mr. Paschal said that was not fair for him to speak for the community, and said he will wrap up his discussion, but that’s not really fair to say beforehand that there is a five minute limit. Mayor Gillmor said it is written on our agendas. He said the other aspect was safety and the other extreme was pedophilia but thought the applicant’s attorney was skewing our concern, because if you have residents that are not permanent the small things get lost and that is concerning. He said the last thing is that it has not been clearly stated if a lot owner could rent to someone else, and that is a concern as to the traffic going in and out and the transient nature of people traveling here for a couple of years or months. He asked to hear Council’s thoughts when they vote and that they really consider that the established residences around this use planned for ten to fifteen years back. He said it seems odd to put this in the heart of the City and he was disheartened by Dr. Fischer saying if we don’t like his vision, they are going to do something the community doesn’t like. Ms. Coy asked Mr. Paschal is anyone in his neighborhood is a snowbird. Mr. Paschal said no and Ms. Coy said there are many, many snowbirds in Sebastian but by his definition snowbirds are transients. She said she is allowed to sublet her home but perhaps he, in a deed restricted cannot, and that this development will have deed restrictions. She said when he says transients he is talking about every snowbird, maybe 50% of the population. Mr. Paschal responded even if his neighbor were a snowbird, it is permanent structure and if renting it out, you are more likely to know who is there. He said these are mobile homes, there today and gone tomorrow. Ms. Coy said if someone buys a lot there is a deed and we know how to find them. Mayor Gillmor advised that there is no clapping allowed. Mr. McPartlan said he had asked the Police Chief to pull criminal complaints on RV resorts in St. Lucie West and Fort Pierce area and our own affordable housing, that in his 14 years at DCF he did not recall getting complaints from an RV resort.

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Mr. Hill asked if it was appropriate to do this under this section of this quasi-judicial procedures and the City Attorney said it was in answer to an issue brought forward and okay. Chief Morris said she pulled data for that RV resort in Port St. Lucie for FY 12, 13 and 14 and there were 51 calls to PSL PD for medical, traffic, VIN verification, five generated reports – 2 disturbances, 1 theft, 1 suspicious vehicle and 1 agency assist; Fort Pierce similar but not luxury resort from Okeechobee Road, 314 calls for service over three year period and none were crime reports. She said she pulled from Sebastian’s low income housing and we had 1527 calls for service over three years and 94 were crime reports. John Johnston, 747 S. Easy Street, President of Collier Creek Homeowners’ Association, said the traffic around Fleming Street has school buses and parents picking up school children, did not believe no left turn or no right turn will make a difference, that this will cause congestion and would rather them have an entrance off 512. As to the subletting of RVs, they can come in today and be gone tomorrow, will be a seasonal park, and asked if he had an RV why would he come to Sebastian when there are National Parks much more appealing, noting shopping center falling apart, closed gas station, funeral home; and expressed concern about golf carts and the City’s ability to oversee regulations of the resort once it is established. Gilbert ??, Collier Creek, said a lot of good points were brought up against the park, on three sides there is RS-10 zoning and if this goes through it will be 15 units per acre, expressed concern about safety, entrances on both sides of Fleming, school kids walking and biking and that it will only take one of these big luxury RVs on a narrow street blocking up traffic and all you need is one accident and we will have to answer why we put the resort here. He asked how the 148 units and cited 296 trips add up to revenue for the City. He said he thinks the numbers are skewed. He said this is inconsistent with present zoning and a compromise of safety. Patricia Keller, owner of five undeveloped lots in Collier Creek Estates, had concerns about effect on property values, noted some property value has dropped as much as 50%, and allowing an RV park to be developed will impact the neighborhood, add to congestion and traffic, peace and tranquility, asked if any study had been done to find out where we are going to find all these upscale RVers, noting an average lot in Collier Creek is only $61K for ½ acre, and average house is $261K, whether banks will finance the lots, said property on 510 near A1A sat vacant for ten years, and she preferred a single family home project. Maureen Mathewson, 108 Harbor Point Drive, said they bought their lot 16 years ago partially based on Chesser’s Gap conceptual plans for restaurants, shops and now there is a rundown shopping center, abandoned gas station, and a crematorium. She said she opposed the planned townhouses and the crematorium, noting the City had promised they would put up a barrier there, but there is no barrier and no bushes, and she is asked to trust the conceptual plan. She said she didn’t know anyone who would spend $80K on an RV lot next to a crematorium. She said if this is approved she will ask the City to renew her faith and have it look like it is conceived in pictures, that transients have no stake in their property. She said she has been a resident for twenty five years and the City and Dr. Fischer have let her down.

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Walter Gill, 742 Easy Street, Collier Creek, an avid RV owner, said we are really talking about three resorts based on the three parcels which will hold RVs, cited his experience in staying in RV resorts, noting they start out with only Class A and then move to allowing Bs, Cs, and fifth wheels. He said As start at $59K and then jump up in price, noting he had never been to park divided up like this. Dave Samuelson, 100 Harbor Point Drive, said this Council is elected to their offices. Mayor Gillmor asked him to talk about the RV Resort. Mr. Samuelson said he was told this was a done deal and they only way they can convince him otherwise is to turn it down. Ms. Coy said for the record she did not watch the PZ meeting, requested a copy of it, started to watch it but stopped. She said she is getting her information tonight, resented his comment and said she is trying to do her job in a quasi-judicial hearing in accordance with the rules of law. Frank Lamachia, 722 South Easy Street, retired military pilot and safety officer, reiterated a few points, from a safety standpoint this is idiotic because it is two parks divided by a road, there a lot of kids, he rides his bike frequently, said he had never owned an RV, no special license is needed and some don’t know how to drive RVs, so this is not the proper forum for an RV park. He said he they will be driving around once they get there, asked where they get 126 trips, noting they will be driving around, said they won’t be happy canoeing on the property, asked will they hang out at the funeral parlor, or the dollar store, and the tiki bar won’t work, and the RV owners will lease out. He said he could bring in five appraisers who would say it will bring down property values. Mayor Gillmor asked people to stay on point, and if they have something new that Council has not already heard to bring it. Al Manzi, 742 Holden Avenue, asked if there would be water or well and sewer or septic, and Mayor Gillmor said it would be water and sewer. Mr. Manzi said Dr. Fischer and Mr. King did a great job on Collier Creek Estates and kept it at two homes per acre, that Dr. Fischer expressed threats and it is not the way he normally operates and understands he wants to maximize it. Mayor Gillmor said if he has reasons why he wants them to deny this, please get to it. Mr. Manzi said because he did not believe it will be an asset to the City. John Maylie, Carnation Drive, 380 feet from the development, asked who would want to have a resort at an intersection. Mayor Gillmor asked him what reason he would bring up that it should be denied. Mr. Maylie said he is going to talk about the comprehensive plan and that this does not satisfy the comprehensive plan. Mayor Gillmor said that has already been brought up, and asked if he had something new. Mr. Maylie asked if there was any way to guarantee eight foot walls all the way around to block walls and visual problems. Mayor Gillmor said I think it’s in the plan. Mr. Maylie said this is not a plan, and wanted to be sure if this is approved, that eight foot walls be stipulated. Ms. Coy said this is what she wants to hear, and asked if there is anything else they want stipulated. Mr. Maylie said they need lights and a crosswalk. David Barelle, Holden Avenue, reminded them that all those who spoke on how beautiful this will be are paid by the developer and the people who spoke against it live in the community, are the taxpayers who they represent and would appreciate it very much if they vote against this. Mayor Gillmor closed the hearing at 9:23 pm.

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Warren Dill responded to a number of item raised: 1) $80K lot cost is an average, some lower and some higher; 2) is it going to be phased or at once, noting it will be phased over a period of years; 3) the gentleman who visited St. Lucie West, noted that was a competitor and he would expect that response; 4) trust, that they were not asking them to trust them, that they had all the muscle they need to set conditions tonight and then set more when they come back with the site plan, which they will adhere to; 5) renters, any house in this City can be rented, and renters will have to be vetted the same way an owner does with background checks; 6) eight foot walls, it can be a requirement tonight or during site plan and they can require them to put the walls where they show them on the plans, and if they don’t trust them put the condition on; 7) a full traffic study will be required during site plan by a professional traffic engineer. He said the real teeth will come at site plan review. Todd Howder, MBV Engineering, said the trip information was taken from ITE, the Institute for Traffic Engineers, and is used by counties and municipalities throughout the State to generate daily trips. The City Manager recommended approval of the resolution and commented on the assault on Jan King which he thought was out of line. He said Ms. King has been a faithful servant of this community for over 25 years, he has absolute trust in her work product, and she has distanced herself and recused herself from this project. He said the fact that she works in Community Development does not reflect what is going on with this application. Mr. McPartlan said he did not understand RVing so had asked a lot of questions, noted that 461 of 502 lots in St. Lucie West have been sold, understood the concerns at PZ meeting about crime, that is why he had the Chief run the numbers and it appears that people who live in RV parks are law abiding citizens with a high disposable income, understood people’s disappointment in Chesser’s Gap stating the RV resort may revitalize that and the 512 corridor, encouraged people to visit the St. Lucie RV resort and said in his 14 years of driving down to St. Lucie, he has not seen an RV on the road pulling in or out, thought the project was good for the area, noting this could be low income affordable housing which we are in need of, but a Class A resort is what we want to bring in. Ms. Coy said 48 years ago she came to Sebastian with her father and it was her intention to retire to Sebastian in a 40 foot RV after her military career, and displayed a photo of it, but her career was cut short by a terrible car accident and she could no longer afford the RV. She said she came to Sebastian and retired into a trailer in Orange Heights, which she lost in the 2004 hurricanes. She said as she looks out in the audience, we could be sitting in the clubhouse of any of the RV resorts where she has been, noting they are the same as RVers, but is hearing this idea that RVers are different than them. She said we are not talking about a KOA, there are thousands who can afford these lots and they are good people, and to characterize them as any less is a personal affront to her. She said the other issue she hears is that they don’t trust that the developers will be held accountable. She committed to them that if this is approved she will stay on this and be up their butts to meet all conditions, citing eight foot walls, and appropriate lighting. She said on a Special Use they have the latitude to put in conditions, noting when Lowe’s wanted in there was nothing they could have done, but she is picking a project she can control. She said she is inclined to protect them, but stated the resort can be an asset to the City, and noted as reminded by the State, we are low on low income and senior housing, and as property owner, Council has to protect the property owner’s rights as well, and can impose conditions here and at site plan review, it can be tweaked some more.

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Mr. Adams said the job of Council is to do what they think is best for the residents and the City, and they have to look at the applicant’s side and the residents’ side, and the applicant owns the land and can make plans for what they want to do, bringing the RV resort to the City and the potential for tax dollars, benefits to businesses, potential for more jobs. He said it is a very nice looking proposal, but there are concerns of the citizens and he has his own concerns. He said Class A vehicles can do damage to Fleming, safety concerns with the dividing street, kids walking to school, RVs with blind spots could cause severe consequences, concern for noise pollution for the residents, with people outside at night. He said his biggest concern is safety with the vehicles, that this doesn’t look like a bad project but it is in a bad location and for that reason he would not be in favor of it. Mr. Hill said some of Mr. Adams’ concerns can be dealt with in the site review process, that he thought this is a good project and having it in place is better than what we have currently in place, it will be a beautiful project, and has seen a lot of what these developers have done in Sebastian. He said he was sure no one is more disappointed in what has occurred in Chesser’s Gap than Dr. Fischer but it is not his fault they were not successful. He said he wished he could afford an RV like this, it is a good project, he knows the people who are doing it, trusts what they have done in the past, and trusts our process. MOTION by Mr. Hill to approve Resolution No. R-15-01 with the conditions outlined by staff, as well as the two conditions outlined by the applicant which would include 26 foot Class A motorhomes only in addition to staff reviewing the deed restrictions to ensure conformity. He then referred to the applicant’s submittal listing the two conditions items 17 and 18 which are attached to the minutes and read: “17. The Special Use Permit authorizes only motorized recreational vehicles over 26 feet in length that are characterized as a Class “A” Motorhome/Recreational Vehicle to be on the property. The Special Use Permit does not allow Class “B” or Class “C” recreational vehicles on the property nor does it allow campers, travel trailers, park models, or mobile homes on the property. 18. The deed restrictions for the RV Resort shall be reviewed by the City attorney for consistency with the conditions of approval of the Special Use Permit.” Mayor Gillmor asked him if he wanted to include the eight foot wall. Mr. Hill said he would like to add “with the eight foot wall how it appears on the plan”. Ms. Coy seconded the motion. Mayor Gillmor said he appreciated Council Members’ study of this and he too looked into it, had questions about the cost, and investigated and spoke to the Executive Director of the Treasure Coast Regional League of Cities about the RV park down there and she said it is going great guns, started at $40K to $60K, and now up to $100K a lot, and almost sold out, saw the park on google earth, it is beautiful park, had ten to fifteen foot buffer and this park has a fifty foot buffer, cited people who are going to spend $80K to $100K for a lot and put a $200K to $300K Class A RV, stating that it is a lifestyle that is congenial. He said there are only two sites that will hold RVs and the third parcel is storage. Roll Call: Ayes: Hill, McPartlan, Gillmor, Coy Nays: Adams Passed: 4-1

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14.189/ A. Discussion Only: Sebastian Seawalls (Transmittal) 15.021 195

Mayor Gillmor said he had asked the City Manager to place this on the agenda for discussion, asked if anyone had an opportunity to go and see the seawalls, and said Council will have to come up with a unified plan and have discussion to go forward. Mr. Hill said repairing every linear foot of seawall on the south of 512 would be something virtually impossible for the City to do on our own, but he was concerned about some of the property owners being told they are going to have to pay for them. He said his thought is that until we get help with funding from other agencies, we have to provide relief for the homeowners so they don’t amenities on an individual basis. He said he has seen this done in other areas. He said we are going to have to tackle this as a stormwater management project, but now we need to make property owners who are losing property whole. He said people bought these properties from General Development Corporation who built the walls, and if we are telling one we are not going to pay for it we need to tell them all we are not paying for it, and that is not the way to go, but we need to make repairs on an individual basis and figure out a way the City will incur the cost for those damages. Ms. Coy agreed 100%, and said we need to do some assistance right now, and that we need to be prepared in looking for financing, and initiate the steps we went through the last time we did this, noting there is more than one way to fix a canal. She said we need to start that process and have numbers. Mr. Hill said we have a stormwater master plan and wondered if this should not be an element in the stormwater master plan, go forward in seeking funding but also have a plan. He asked City Engineer, Frank Watanabe the difference in the scope between this and the previous Collier Canal project. Mayor Gillmor noted we may need a motion to extend. The City Manager said the City Engineer had set up a meeting for them with St. Johns River Water Management District which occurred yesterday and the City Engineer had a short presentation. MOTION by Ms. Coy and SECOND by Mr. McPartlan to extend the meeting carried 5-0 on voice vote. The City Engineer gave a brief Power Point presentation (see attached), described yesterday’s meeting with SJRWMD, the different options available which are set out in the PP, for the approximately 14 miles of seawall compared to the less than one mile of the previous project cost which will be considerable. Mayor Gillmor said we will have to come up with a unified plan and asked if the City Engineer can come up with something. The City Manager asked if he was hearing if there is a damaged wall out there, he has to go fix it, even if it is on private property.

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Mr. Hill said he would say if there is a damaged wall, he and his staff should come up with a solution to make that person whole, that it is inherently wrong to tell one property owner we will fix his wall and tell another they are on their own, so we have to make these walls right because it is a safety issue and a property issue, and if there are damaged walls out there, he and his staff need to come up with a solution to getting those walls repaired. Mr. McPartlan asked how and who is determining the level of damage, like if you have a swale that isn’t working are we going to go out and start fixing people’s driveways because the swales aren’t working. Mr. Hill responded we have walls that are falling down that have become safety hazards. The City Engineer said there are concerns regarding the walls, these seawalls are a little different than structural retaining walls, they are damaged, there are safety concerns but they are not going to fall down and take the entire hillside with them, pools and homes are not going to slide down, and there are sufficient setbacks. He said one or two walls or even ten walls that fall into the canal will not impede the waterway. Mayor Gillmor said he liked the idea of a phased plan but recommended we could come up with something more immediate, decide if we want wetlands with a slope, clean up some of the water in there, and that wetlands will have to be part of the plan. The City Engineer said yes, based on discussion with SJRWMD, because we will have to provide some type of wetlands mitigation as we did with the previous project, we need to have that component of the project, which means we’ll have to have some grass slopes on straight sections but not on the turns. Mayor Gillmor asked if he could come up with some different options for Council to look at, but have a unified plan, if one falls in we have a plan for it, and it is part of a grand plan. The City Engineer said we can pursue it as a water quality project and go after funding, stating if we pursue as a dredging project we would not get as much money. Mr. Hill said he wanted to be clear that he is not saying go and repair a wall that is sagging, but if there is a health or safety issue out there, then we do something. Ms. Coy said the City Engineer said there are not immediate. Mr. Hill asked if there are safety issues, and the City Engineer responded, the walls should be perpendicular, and some are not, and if that continues it that could be an issue. Mr. Hill said then that we disagree with homeowners who come in here and say their wall is about to take a pool into the canal. The City Engineer said there is very little chance for a pool to come down. Mr. Hill said so I have a City Manager and City Engineer saying there is not an issue currently out there that would cause us to have emergency repairs to seawalls on the south side of 512. The City Engineer responded, but that could change due to heavy rain. Mr. Hill said he was glad to hear that and that changes things and we don’t need to go out and replace seawalls if it’s not necessary, and certainly not for aesthetic reasons, but thought we need to come up with a plan and treat the canal as a stormwater element because seven miles versus ½ mile that’s a big project. He said if there is not state of emergency we just need to come with a multi-year plan.

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The City Manager said he would like to come back with a short term plan because that could change, and where that fits in with a ten year multi-phase plan that we have been talking about and bring that back to Council. He said he would come back at the next meeting or meeting after that with something for them to review. The City Attorney said he sees this in a different way, what if the property owner won’t let us on his or her property, what if we don’t have the documents we need to do work on his property, are we going to acquire property, what if we decide to slope and he wants the seawall and dock. He said most of the Collier Canal property was on public property, cited the lawsuit from the early 90s due to an Elkcam Dam break caused by City action, the City provided funding and had the property owner contract for the work, and we got releases from those who received money. Mr. Hill said this issue is for staff to go forward and start working on it. Al Manzi, 742 Holden Avenue, said there are no seawalls behind Collier Creek Estates, he kayaks the canal, in certain areas there is not much room from the walls to the houses, noted previously SJRWMD made us do a complete dredge, agreed with Mr. Hill that the property owners not be asked to pay for the seawalls because the canal is used by the whole town, and said walls can be encapsulated. Christine Lenz, George Street, said they have seawalls and some need to be looked at, one neighbor had already talked to the City, that slopes are creating davits between the wall and the property, with some extensive damage.

11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda.

None.

12. NEW BUSINESS

13.079/ A. Presidential Streets Project Change Orders – Update by City Manager (Transmittal, 15.022 Change Orders 1, 2, and 3) 196-202

The City Manager gave a brief update on the three change orders on different parts of the project as set out in packet.

15.023 B. Reschedule November and December City Council Meetings at Council’s Discretion 203 (Transmittal)

After some discussion it was the consensus of Council to schedule the November/December meetings for November 18 and December 16.

13. CITY ATTORNEY MATTERS - None

14. CITY MANAGER MATTERS

The City Manager said the Pelican News has been reinstated and the first new issue is out.

15. CITY CLERK MATTERS - None

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16. CITY COUNCIL MATTERS A. Council Member Hill - None

B. Council Member McPartlan

Mr. McPartlan discussed speeding on Barber Street noting the speed limit is 30 mph. The City Manager said the City Engineer had done a speed count and it has been an eye opener and he would put it on the next agenda.

C. Mayor Gillmor

Mayor Gillmor reported that the Indian River County Commission had voted unanimously against participation on the Indian River Lagoon National Estuary Program Council (NEP), citing his attendance at the meeting where they looked at the draft interlocal agreement, which he then asked the City Clerk to forward to the members of City Council. He said this will be taken out from under the umbrella of SJRWMD and go to the new eight member board five of which will be County Commissioners, citing funding from different agencies, and expressed concern for our county not being involved and this going forward without representation for us. Mr. Coy said if we are not represented we may not get funding. Mr. Hill said he agrees but said we need to be careful that if we buy a seat on this board, because if there are all county commissioners and one council member from Sebastian with the other agencies, it will not hold nearly the weight we’d like. Mr. Hill said we need to contact County Commissioners. Ms. Coy suggested asking the Commission Chairman to come and explain their decision to us. Mayor Gillmor said Commissioner Solari had made a presentation and had issues with sunsetting, and again said he would have the Clerk forward the draft which now included a sunset in five years, and no requirement to stay on the board. D. Vice Mayor Adams

Mr. Adams said he had seen a scam phone call to seniors allegedly from IRS and asked that we put something on our website and our next newsletter to advise people that if they get a call they should contact the Police Department and not be afraid.

E. Council Member Coy

Ms. Coy said for those who cannot attend the February 11th, she completed the FIOG on-line seminar in six hours.

17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 10:30 p.m.

Approved at the ___________________________, Regular Meeting. By: __________________________________

Richard H. Gillmor, Mayor ATTEST: __________________________________ Sally A. Maio, MMC - City Clerk

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SEBASTIAN CITY COUNCIL

MINUTES REGULAR MEETING

WEDNESDAY, JANUARY 28, 2015 - 6:30 P.M. CITY COUNCIL CHAMBERS

1225 MAIN STREET, SEBASTIAN, FLORIDA

1. Mayor Gillmor called the Regular Meeting to order at 6:31 p.m.

2. The Invocation was given by Mayor Richard Gillmor. 3. The Pledge of Allegiance was Led by Council Member Bob McPartlan 4. ROLL CALL

City Council Present: Mayor Richard Gillmor Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Bob McPartlan City Council Absent: Council Member Jim Hill (excused) City Staff Present: City Manager, Joe Griffin City Attorney, Robert Ginsburg City Clerk, Sally Maio Building Director, Wayne Eseltine City Engineer/PW Director, Frank Watanabe Police Chief, Michelle Morris Administrative Services Director, Ken Killgore Human Resources Manager, Cynthia Watson Police Officer, Steve Marcinik Police Commander, John Blackledge E-Records & Information Manager, Barbara Brooke-Reese

5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members

Ms. Coy requested addition of an item 10B to discuss sending a letter to the Governor and our representatives regarding the State’s lack of response on All Aboard Florida to FRA. Voice vote 4-0 passed to add the item.



15.024 A. Certificate of Appreciation to Bill Flaherty, Citizens Budget Review Advisory Board

Service

Mr. Flaherty was unable to attend to receive his certificate. Mayor Gillmor expressed his appreciation to Mr. Flaherty.

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Regular City Council Meeting January 28, 2015 Page Two 15.025 B. Anjani Cirillo – Clambake Festival Presentation Anjani Cirillo, President, introduced some of the members of the Sebastian Clambake

Foundation Board, including Pat Rivizzo, Dot Judah, and Wayne Snow. Mr. Rivizzo thanked all City workers were amazing and the City’s cooperation is magnificent. Ms. Cirillo then noted that since 2002 the Foundation had been able to fund over $500K to charitable organizations, explained how the decision for recipients is decided, said they need a new slogan for 2015, with a deadline of the first week of June, and that this year’s event will be November 6, 7 and 8, 2015. She then presented a check for $25K to Beth Mitchell, Executive Director, Sebastian River Area Chamber of Commerce for the Pelican Porch Chamber building reconstruction project.

Ms. Mitchell said it is a tremendous honor, that the Chamber has been on board with them

since the beginning, there are phenomenal volunteers in our community, theh Clambake is the spirit of Sebastian, and they hope to break ground in late spring on the Pelican Porch project. She invited Chamber Board Chairman, Kim Ellis and Theresa Tolle, immediate past Chair, and Building Chair, to speak. Ms. Tolle also thanked the Foundation for the check and said they all inspire us. She also noted the Chamber is accepting any donations for the project.

Ms. Cirillo then gave checks in the amount of $1,000 to the American Legion and the Elks

Club. Ms. Cirillo thanked the 600 volunteers who came out despite some rain this year and allowed them to make this check presentation.

C. Brief Announcements

• 2/6/15 – Sebastian Chamber Concert in Riverview Park – Professor Pennygoode’s Mighty Flea Circus – 5:30 pm to 8 pm

• 2/7/15 Craft Show in Riverview Park – 10 am to 3 pm

Mayor Gillmor read the announcements listed above.

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.

15.026 A. Approve Budget Calendar for Preparation of Annual Budget and Capital

Improvement Program for Fiscal Year 2015-2016 (Transmittal, Calendar) 15.027 B. Approve Resolution No. R-15-03 – Approving Agreement to Repeal Airport Lease Agreements with Rud Aero (Transmittal, R-15-03, Rudd Letter, Leases)

A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A MUTUAL RESCISSION AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND RUD AERO, LLC TO TERMINATE ITS ASSIGNED AIRPORT LEASES WITH THE CITY OF SEBASTIAN; REPEALING RESOLUTION NO. R-12-13 WHICH ASSIGNED THE SEBASTIAN MUNICIPAL AIRPORT LEASE WITH V-RAPTOR AIRCRAFT, LLC TO RUD AERO, LLC; REPEALING RESOLUTION NO. R-13-01 WHICH ASSIGNED THE SEBASTIAN MUNICIPAL AIRPORT LEASE WITH NATIONAIR AVIATION INSURANCE AGENCY, INC. TO RUD AERO, LLC; PROVIDING FOR REPEAL OF THE ORIGINAL AIRPORT LEASES BETWEEN THE CITY OF SEBASTIAN AND V-RAPTOR, LLC AND NATIONAIR AVIATION INSURANCE AGENCY, INC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE.

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Regular City Council Meeting January 28, 2015 Page Three

15.028 C. Waive Bid Procedure In Accordance with Code Section 2-10 (f) for Good Cause

(Low Cost and Coordination with IRC E-Permitting System) - Authorize City Manager to Execute Agreement with Clear Village, Inc. for Building Department E-Permitting System in the Amount of $61,762.00 from Building Department Reserves ($41,692) and Appropriate Balance of $19,800 from General Fund Reserves (Transmittal, Martin County RFP Price Comparisons, Master Agreement with Clear Village, Statement of Work, IRC Administrator Transmittal Re: Recommendation to Approve Preferred Vendor Contract with Clear Village, Inc.)

MOTION by Ms. Coy and SECOND by Mr. Adams to approve the consent agenda. Roll Call: Ayes: Gillmor, Adams, Coy, McPartlan Nays: None Absent: Hill Passed: 4-0


Mr. Adams reported on the Treasure Coast Regional Planning Council (TCRPC) held two weeks ago in regard to the IR Lagoon National Estuary Program (IRL NEP), the Indian River County Commission decision not to join based on various reasons, and Martin County Commissioner Ed Fielding’s intention to pass on additional information and ask them to reconsider; the fact that the Federal Railroad Administration (FRA) declined the TCRPC request for a meeting on All Aboard Florida; noted the Coast Guard has received over 1000 comments on AAF and will go through by the end of this month to take action; the plan for TCRPC to implement hurricane evacuation routes and shelters to provide to Emergency Management centers at a later date; and reported that Senator Simpson will introduce a bill to try to eliminate Regional Planning Councils and leave their job to municipalities and counties, but he will establish a committee with planning councils to look at what are the problems and perhaps rejoining planning council boundaries to make nine and if in agreement he may pull the bill.

15.029 A. Construction Board i. Interview, Unless Waived, Submit Nomination for One Unexpired Concerned

Citizen Alternate Member Position with Term to Expire 9/30/16 (Transmittal, Application, Ad, List)

Latisha Hays was briefly introduced and being the only applicant, was appointed to the alternate concerned citizen position.

15.030 B. Disabilities Advisory Committee

i. Interview, Unless Waived, Submit Nominations for Five Member Positions (Transmittal, R-14-31, Applications, Ad)

Since there were five applicants for the five regular member positions: Carolyn Sartain-Anderson, Michael Goodfellow, Albert Iovino and Andrea Ring were all appointed to the newly formed Disabilities Advisory Committee.

9. PUBLIC HEARINGS - None

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Regular City Council Meeting January 28, 2015 Page Four


15.031/ A. Resolution No. R-14-30 – Temporary Use and Special Event Fees – Deferred from 14.104 12/10/14 for Adoption of O-14-06 (Transmittal, R-14-30)

A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING TEMPORARY USE AND SPECIAL EVENT FEES; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR AN EFFECTIVE DATE.

The City Attorney read Resolution No. R-14-30 by title. The City Manager noted the change to $200 for a temporary use permit first event and the City Manager’s discretion to lessen the fee for subsequent same uses.

MOTION by Mr. Adams and SECOND by Mr. McPartlan to approve Resolution No. R-14-30.

Roll Call: Ayes: Adams, Coy, McPartlan, Gillmor Nays: None Absent: Hill Passed: 4-0 B. Letter to Governor Re: All Aboard Florida

6:51 pm - Ms. Coy – our state did not take time to respond to FRA regarding AAF when all of us did, state of florida didn’t even write a note, they are the big wigs, we should a very strong letter of concern to governor, state legislators and federal legislators that state dumped us. Public thinks we have control over this – we worked very hard we sent over 800 pages and state did nothing. Members concurred with the recommendation.

BMCP sure griffin can do politically correct letter. 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda

Linda Jereb, Academy Terrace, spoke on her strong concerns about speeding and traffic issues on Barber Street, which she stated have accelerated over the years and are out of control since the repaving. She detailed an incident and subsequent letter to Council members about her puppy being killed on Barber Street when she lost control of his leash and he ran into the street, and she ran down the middle of the street after him and tried to wave down traffic to stop them. She said Council members, Police Chief and County Commissioner Flescher had responded to her letter, said she has a petition circulating, had a change.org on-line petition with 400 comments, was planning to put signs in front yards, had obtained latest traffic summary for Barber. She said the City may call it a collector road but to those who live there it is their home and they are looking for a consistent speed limit, noting in one direction it says 30 and the other 35, suggesting some signage detailing penalties or blinking lights, and at least an alert to drivers. She provided a packet of information including the request to return Barber to a residential street, control speeding, have the entire length of Barber be 30 mph, prohibit commercial truck usage, and have stop signs, or traffic lights at three main intersections, the on-line petition and list of responders, letters from local concerned citizens Margie Garrett-Lindsey, Kevin and Karen Gibson, Lori Schiller Bittner, Britta Burkard, Frank Mina, the petition, yard signs which state “30 MPH because we live here because it’s the law” people pass you and rant when you do speed limit. City Council granted her extra time to speak. Ms. Jereb provided the materials she referenced and an outline of her presentation (see attached).

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Regular City Council Meeting January 28, 2015 Page Five

Ms. Jereb asked for better Police enforcement, said she understood the Police Department is limited in their services, when there is a police presence it slows but as soon as they leave the speeding is back, so they need permanent traffic controls. She said she understands speed bumps are impossible, stop signs would be nice but would back traffic up and the only permanent solution would be a couple of traffic lights, noting people don’t stop for pedestrian walkways. She said they will continue the petition and knock on doors, and post the yard signs to make it go to 30 MPH. She asked Council to do something before it is a mother standing here telling Council about her child. Mayor Gillmor said most people obey the law but some don’t and said he had traffic reports from Chief Morris. Ms. Jereb said she had them, and noted it shows some people are driving over 60 mph. Mayor Gillmor said the Police had to write tickets.

Ms. Coy said this is not an agenda item tonight but we as Council need to be giving direction and come back and implement something. Mayor Gillmor thanked Ms. Jereb for coming and said this is the only way we get the whole picture. Ms. Coy asked what they could do to change the speed limit to make it uniform, said she had spoken to the City Manager this morning, suggested we advertise to make residents aware of the speed limits. Mayor Gillmor said in the last month there have been a bunch of warnings but not one citation. Jennifer Minor, Joy Haven Street, thanked Linda for starting this, said a problem is the miserable bridge across the canal and the fact that you cannot see traffic around it when pulling out onto Barber Street, that in the ten years she has lived there she has seen five accidents on that corner, one in which a little girl was hit on her bicycle. Mayor Gillmor said we can put a stop light there. She said doing 35 mph you are tailgated. Clara Wisniewski, Academy Terrace, said she has lived there for 23 years and conditions are getting worse with people tailgating and passing, and that she never walks or walk her dogs on Barber Street. Mr. McPartlan said he was discussing this issue with the City Manager about six or seven weeks and the speed limit should be 30 mph in both directions and we could have the City Engineer look into a traffic light. Mayor Gillmor said we should put this on the next agenda. The City Manager said with a consensus from Council he can change the speed limit, without being agendized, noting the City Engineer had done some research and found Barber is actually a City collector, and that north of CR 512 Barber Street it is also 35 mph and maybe consistency is where we need to go. Mayor Gillmor cited an email from a resident on Lake Street which comes off Barber on the north end near the bridge and that the gentleman states it is like a speed zone. Mr. McPartlan began to make a motion to make it 30, and Ms. Coy noted we cannot make a motion because it is not on the agenda, but there was a consensus. The City Manager said it was intended for this to be on the agenda but staff did not have the data until yesterday, so it will be on the next agenda, and that he would direct the installation of 30 mph speed limit signs tomorrow.

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Regular City Council Meeting January 28, 2015 Page Six

Pastor Dave Newhart, St. Elizabeth’s Church, asked Council to revisit its decision at the last meeting when they approved no temporary permits for churches in residential areas, listing all of the community service his church has participated in for years, which resonate with family values for which the events allow them to provide, and by not allowing temporary uses they have handcuffed the church. He said they want to be part of the community, and without those events they are sequestered inside. He asked them to reassess their decision even perhaps with a maximum of four events per year. He encouraged them to read neighbor, Jeff Crabtree’s email and how people come to enjoy time together. Ms. Coy said he changed her mind and asked as a part of the counter vote at the previous meeting, the ordinance be brought back for reconsideration at the next meeting on February 11th. Mayor Gillmor said he agreed, and that he did not think it was their intent to keep them from something like a pumpkin patch, but the intent was to keep outside vendors out and a huge tent city go up. He said he lived two doors down from the church and wouldn’t want that in his neighborhood, noting there are churches that use rent our parks for larger events. Pastor Newhart said if this applies to them, even Boy Scouts can’t do anything on their church property. Pastor Eldon Nash, Church of God, in Sebastian since 1934, said he came in support of Pastor Dave’s request.

12. NEW BUSINESS

15.032 A. Appropriate $2,000.00 from IR Lagoon Budget for Oyster Bed Restoration Project –

Boy Scouts of America Eagle Scout Candidate John Giordano Report on Project Participation (Transmittal)

The City Manager introduced John Giordano. John Giordano, currently a Life Scout and a member of Boy Scout Troop 500, which meets at St. Elizabeth’s Church, proposed the oyster mat project to earn his Eagle Scout designation, and needed City Council permission. He described the two locations chosen by the Natural Resources Board in cooperation with DEP with a cost of $7.50 each mat for 500 mats, 250 in each location, and asked Council to fund part of the project and he would fundraise for the remainder of the project. Ms. Coy asked how much was needed, and Mr. Giordano said it will be done in two phases with Phase I funded by the City in the amount of $2000 and John Giordano raising $2000 for Phase II. Mr. McPartlan they will need $3750 for 500 mats at $7.50 per mat. MOTION by Mr. McPartlan and SECOND by Ms. Coy to approve the $2000K. Andrea Ring, member of Natural Resources Board, asked if the project had been approved by the Boy Scouts. Mr. Giordano responded that in order to be approved, once Council approves it, they have to put in a proposal to have the project accepted. Ms. Ring suggested they hold up on giving the money until the project is approved.

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Regular City Council Meeting January 28, 2015 Page Seven

Mr. Giordano said the funds will be handled through Frank Watanabe and earmarked for oyster mats only, and in the off chance John is not approved the oyster mats will still be made.

The City Manager said we can make this contingent upon approval of the Boy Scout Council, he can receive invoices from John and he will handle the funding through the City Manager’s office. Mr. Adams said any moneys issued would go through the City Manager and not given out ahead of time.

Discussion at the podium continued and Mayor Gillmor called for a roll call. Roll Call: Ayes: Coy, McPartlan, Gillmor, Adams Nays: None Absent: Hill Passed: 4-0

15.033 B. First Reading of Ordinance No. O-15-01 Police Pension – Set Public Hearing for February 25, 2015 (Transmittal, O-15-01, Pension Board Actuary Opinion)

AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING AND RESTATING CHAPTER 58, LAW ENFORCEMENT, ARTICLE III, POLICE OFFICERS’ RETIREMENT SYSTEM, SECTIONS 58-46 THROUGH 58-69, INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; ESTABLISHING A “LOCAL LAW” PENSION PLAN FOR POLICE OFFICERS TO BE KNOWN AS THE CITY OF SEBASTIAN POLICE OFFICERS’ RETIREMENT SYSTEM; PROVIDING FOR DEFINITIONS; PROVIDING FOR MEMBERSHIP; PROVIDING FOR A BOARD OF TRUSTEES; PROVIDING FOR FINANCES AND FUND MANAGEMENT; PROVIDING FOR CONTRIBUTIONS; PROVIDING FOR BENEFIT AMOUNTS AND ELIGIBILITY; PROVIDING FOR PRE-RETIREMENT DEATH BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PROVIDING FOR OPTIONAL FORMS OF BENEFITS; PROVIDING FOR BENEFICIARIES; PROVIDING CLAIMS PROCEDURES; PROVIDING FOR REPORTS TO THE DIVISION OF RETIREMENT; PROVIDING FOR A ROSTER OF RETIREES; PROVIDING FOR A MAXIMUM PENSION LIMITATION; PROVIDING FOR MINIMUM DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS; PROVIDING FOR REPEAL OR TERMINATION OF THE SYSTEM; PROVIDING FOR DOMESTIC RELATIONS ORDERS, EXEMPTION FROM EXECUTION AND NON-ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY; PROVIDING FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR CONVICTION AND FORFEITURE, FALSE, MISLEADING OR FRAUDULENT STATEMENTS; PROVIDING FOR INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS AND ELIMINATION OF MANDATORY DISTRIBUTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.

The City Attorney read Ordinance No. O-15-01 by title.

Lee Dehner, Attorney for Police Officer Pension Fund, introduced Doug Lozen, Consulting Actuary, and Scott Owens, Investment Consultant, gave a brief presentation noting that this ordinance consolidates into one document all existing provisions of your pension plan up to and including the last collective bargaining agreement with the City, provides for Internal Revenue compliance, provides amendments required by State law for caps on amount of overtime you pay and use of vacation pay, and will actually result in reduction in the City’s funding plan. Doug Lozen, Foster and Foster, which provides actuarial services to the Board, addressed Council said this is a consolidation of existing provisions and incorporates SB 1128 passed in 2011 limiting overtime and cash in of sick and vacation time which will yield a reduction in funding requirements for the City.

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Regular City Council Meeting January 28, 2015 Page Eight

Mayor Gillmor asked about this giving broader investment authority to the Board, and Mr. Lozen said the investment consultant can address that question, though his firm works closely with the investment consultant to determine the rate of return on investments. Scott Owens, Graystone Consulting, responded Mayor Gillmor, said they conduct multiple asset allocation studies to find out what is going to be the most efficient portfolio of asset class, whether that is large companies, mid-size or small companies, fixed income whether government or corporate bonds, and what combination of those assets are going to be able to put together to reach the actuarial rate of return with the lowest amount of risk. MOTION by Ms. Coy and SECONDF by Mayor Gillmor to approve the first reading of Ordinance No. O-15-01 police pension and set public hearing for February 25, 2015.

Roll Call: Ayes: McPartlan, Gillmor, Adams, Coy Nays: None Absent: Hill Passed: 4-0 13. CITY ATTORNEY MATTERS – None

14. CITY MANAGER MATTERS - None

15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Hill - Absent

B. Council Member McPartlan

Mr. McPartlan suggested going back to the temporary use permits leaving it to the City Manager’s discretion, because if someone complains about a pumpkin patch we need an ordinance against them, and we can just give discretion to the City Manager. Mayor Gillmor agreed and suggested we have something separate for non-profits for displays, for a pumpkin patch, for a Christmas display or nativity scene, that he did not think we really have to have special (temporary) use permit and the intent was to keep out huge events like flea markets with hundreds of booths and vendors coming in which is something not appropriate for residential neighborhoods, and was not sure we need to write another ordinance. Ms. Coy reminded them that the Methodist Church on Roseland Road had pumpkin patches, and someone complained to the County, it wasn’t permitted in their ordinance and now not allowed at that church. She said it seems ridiculous you have to nit-pick, but if left to City Manager’s discretion and it doesn’t come out good it could be a problem, and we need to tweak it one more time. Mayor Gillmor said he was not good with other vendors coming in setting up a commercial enterprise six times per year in our neighborhoods. Discussion continued on different uses and it was noted that it will be brought back to the next agenda as previously requested by Ms. Coy.

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Mr. McPartlan said he had spent a lot of time discussing the Barber Street speeding issue with the City Manager and had looked into having our own traffic court for minor traffic offenses in Sebastian, and then spoke with the Chief Judge who put him in touch with his Administrator, and would bring back further information. Council members said they would like to hear more. Mr. McPartlan discussed the Point in Time Count, which is a Statewide homeless count in each area and asked if anyone had information to share with him they could call him at 453-8540. He cited times when the Police Department and City Public Works employees had assisted with homeless, and in one instance they were able to get a homeless man into a hospital and then into an apartment in Vero Beach where he still lives today. He said he cannot say enough for Officer Steve Marcinik. C. Mayor Gillmor

Mayor Gillmor spoke about the County’s 5-0 decision not to be a part of the Indian River Lagoon National Estuary Program Council, and the Martin County Commission 5-0 vote to participate on the Council. He said this City has done a lot to find out if we are responsible for lagoon conditions, have done as much as any city with baffle boxes and testing water and would like us to be part of the eight member Council that includes five County Commissioners, and reps from St. Johns River Water Management District, South Florida Water Management District, and DEP. He noted that the City Clerk had emailed each Council member the final draft interlocal agreement and it includes sunset review and an opt out provision, though noted there is no pro forma yet. He cited the funding that is already in place and said Representatives Posey and Murphy had stated they will submit for lagoon funding as noted in a newspaper article today. He said it was a shame that Indian River County was not going to participate, that he had talked to Vero Beach Mayor Winger who expressed interest and perhaps we could request to be on the Council and split Indian River County’s $50K cost with Vero Beach. He asked the City Engineer whether it is better to be involved in this Council and Mr. Watanabe answered yes. He then asked if we need future SJRWMD permits it would be best to be on this Council and Mr. Watanabe said it is a no brainer. Mayor Gillmor asked for a consensus to put this on the next meeting agenda to request a seat on the board if it is possible. Ms. Coy said it is a great idea and recommended a letter to the Indian River County Commission to ask them to justify excluding us. Mayor Gillmor said he would be happy to get a letter down there but was not positive with what the result will be. Mr. Adams asked if we shared the membership with Vero Beach would it be as we do with TCRPC that one is the member and the other the alternate and then rotate. Mayor Gillmor said there is a provision for other members getting a seat, and a city would presumably not have to come up with same amount of money, and it could be done like we do with TCRPC. Mr. McPartlan said the other Indian River County municipalities may also be interested. Mayor Gillmor directed this be on the next agenda and he can get the letter out. The City Manager clarified that he would prepare the letter for the Mayor’s signature and get this on the next agenda D. Vice Mayor Adams

Vice Mayor Adams was by-passed.

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E. Council Member Coy - None

17. Mayor Gillmor adjourned the Regular Meeting at 8:10 pm, however realizing Mr. Adams was by-passed he apologized and said he would reopen the meeting, and Mr. Adams declined.

Approved at the ___________________________, Regular Meeting. By: __________________________________ Richard H. Gillmor, Mayor ATTEST: __________________________________ Sally A. Maio, MMC - City Clerk

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