SEBASTIAN CITY COUNCIL REGULAR MEETING

MINUTES

WEDNESDAY, FEBRUARY 11, 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 Reverend Dave Newhart, St. Elizabeth’s Episcopal Church. 3. The Pledge of Allegiance was led by Mayor Richard Gillmor. 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 Human Resources Manager, Cynthia Watson Police Chief, Michelle Morris Police Officer, Steven 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

Mayor Gillmor requested, on behalf of the City Manager, addition of New Business item 12 E for an airport lease for Hangar B. Ms. Coy moved for approval and there was no objection.

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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 Adams Vice Mayor Adams and Mayor Gillmor read the Proclamation and it was accepted by Vice

Mayor Adams. 15.035 B. Proclamation – Crossing Guard Appreciation Day – February 6th – Accepted by Sebastian Crossing Guards and Supervisor/Certified Trainer Officer Steve Marcinik

Mayor Gillmor read and presented the Proclamation to several of the City of Sebastian crossing guards and Police Officer Marcinik.

15.036 C. Waste Management Presentation – Earth Day Community Recycling Event in

Riverview Park and Community Cleanup Day at BSSC and Schumann Park

Amy Boyson, Community Affairs Manager, Waste Management, introduced Deana Ryder-Hicks, Public Affairs Manager, and Bob Delacruz, Vero Site Manager, and gave a brief presentation on planned community activities on April 18, 2015 from 9 am to noon, 1) at Riverview Park in conjunction with Sebastian’s Earth Day event to include paper shredding/ recycling and electronic recycling and 2) at Barber Street Sports Complex and Schumann Park, a Community Cleanup Day to include household goods excluding white goods (see flyers with specifics attached). She said they would be advertising the events on bill inserts on March 6, 2015, an e-newsletter in April, and slides on Comcast Channel 25 with information regarding automated collection by robotic arm (see slides attached). Deanna Ryder-Hicks gave an update on the status of compressed natural gas vehicles into Sebastian, (see Power Point presentation attached), the benefits to the community, said they are working with local engineers to look at properties where infrastructure can be put into place for a fueling throughout the County, they are working with FL City Gas, and will keep everyone up to date as they progress. Mr. Adams asked her to define white goods, and she responded large household appliances such as stoves and refrigerators. Mayor Gillmor asked if we had a clause in our new franchise contract with Waste Management whereby we could provide a fueling station because we are getting gas here, and the City Manager responded that the provision provides that if Waste Management acquires the County franchise and if there is a CNG line down 512 then we will supply land, perhaps at the Airport at a fair market lease rate, and they would install a CNG station.

D. Brief Announcements

2/14 & 2/15 – Sebastian Art Club Show – two day judged show 2/16 – Presidents Day – City Hall Closed

Mayor Gillmor read the announcements above.

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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.

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

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

Registration Form) MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the consent agenda. Roll Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0

8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading.

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

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

Mayor Gillmor read the names of the new Disabilities Advisory Committee appointed on January 28, 2014 into the record as set out above.

9. PUBLIC HEARINGS (None)

10. UNFINISHED BUSINESS 15.021 A. Unified Plan on Seawall Options (Transmittal, PowerPoint Presentation)

The City Manager said he was directed at the January 14, 2015 meeting to get with the City Engineer, and come back with preliminary planning for seawalls, and since then there have been numerous brainstorming sessions and a meeting with St. Johns River Water Management, and the City Engineer has prepared a Power Point presentation.

The City Engineer gave a brief presentation (see Power Point attached for reference) which

included photographs representing the existing south canal locations showing some with only sloped banks, some with seawalls on only one side or both along the 6.5 miles; set out the engineering assessment process to develop a unified plan, cited need for available options both interim and long term, mitigation methods, and costs and availability of grants typically with 50% match. Ms. Coy asked if it was possible that areas with seawalls could become sloped and vice versa depending on the analysis, and Mr. Watanabe answered that is a good assessment, that there are different types of damage and the engineering assessment will highlight all the locations and come up with potential areas we need to improve, what it should look like, because in the long run it will all have to be upgraded.

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Ms. Coy noted she did not hear him say the word “rip-rap”. Mr. Watanabe said you try to

avoid that, that it is okay for emergency but for long term it is not the answer.

The City Manager emphasized that when the northern section was done on Collier Canal, the erected walls entombed the old walls, and that required us to mitigate and we had Hardee Park to use for mitigation, but we may not have that in the southern canal areas, so the City Engineer’s point was important because we are going to be required to mitigate. He said the purpose tonight is to give a preliminary assessment, and that he was seeking direction to put out an RFQ for qualified engineering firms to bid on this, come back with the bid results, and then report further on our strategy. Mayor Gillmor asked if he wanted a motion to approve $50K. The City Manager said he did not know what the cost would be and this is a best guess. MOTION by Mr. McPartlan and SECOND by Mr. Adams to approve the $50K and if it costs more bring it back. Mr. Hill said the designated fund for this is General Fund reserves so we are tapping reserves for $50K, and he was concerned about this because we have funds available in the General Fund for a stormwater and lagoon line item. He said Council was told over and over again not to tap into reserves, that we should raise taxes rather than tap into reserves. He said as a stormwater element this could be one of those projects we utilize that lagoon fund for. Ms. Coy said she was not opposed to using the General Fund reserve and would prefer not to tap into that lagoon fund because we have big lagoon projects too, that this seawall project will be huge, and we are looking at grants. Mr. Hill again reiterated his concern about using reserves when they were advised not to and there are funds to use for this in the General Fund. He said it is a worthy project but the funding source is wrong. Ms. Coy said the funds are not undesignated, projects were suggested and we already spent $50K for the septic, half of this year’s lagoon fund. She said she disagreed with him but that is not always unusual. Mayor Gillmor said this is an extraordinary expense, reserves are for rainy days and that is why you have the reserve. Roll Call: Ayes: Adams, Coy, McPartlan, Gillmor Nays: Hill Passed: 4-1

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

The City Engineer gave a brief Power Point presentation (see attached for reference), stating for the record that he was a licensed traffic engineer, said new 30 mph speed signs have been installed, described traffic counts, explained traffic investigation and traffic calming processes, including using speed fine signs, dummy PD vehicles, speed trailers, community outreach and education, and explained long term traffic options including traffic lights at either side of the bridge on Barber Street where there is sight obstruction with light trips, and perhaps at Tulip near the fire station, noting an approximate cost of $100K for one signal with steel pole.

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Ms. Coy asked if stop signs would work at those areas, and Mr. Watanabe responded there are programs that simulate traffic situation and best methods can be determined. Mr. McPartlan asked if we can break down speed data by the hour to help with police enforcement, and Mr. Watanabe said we can, staff has been doing some preliminary engineering and once we do an official speed study the speed limits have to be posted based on those results, which could result in higher speed limits, but in this case, based on the latest speed check it would be 32 mph, though it won’t stay that way because people go back to bad habits. Mayor Gillmor said he liked the signs on the garbage cans. Chief Morris said the PD has started enforcement, she interviewed for CH 25 last week on this issue, and it will play going forward, and responded to Mr. McPartlan that there was no consistent time in the data they collected to show speeding at any pattern as to a higher speed time. In response to Mr. McPartlan the City Manager said the new speed trailers for the next budget will not have the ability to take a photo, but there are speed trailers with message boards on top. Chief Morris said the messages can be programmed any way you want them. She further said they are writing tickets. Ms. Coy said hit their wallet and the numbers add up for their insurance noting we were the speed trap in Sebastian years ago. The City Manager said he would like to pursue the idea of a traffic magistrate brought up by Mr. McPartlan, noting our special magistrate had that job in Palm Beach County and it is not a tough leap to do this. There was no objection to pursuing that.

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

Linda Jereb, on behalf of the Barber Street Campaign, thanked the Police Department and Council and said they have noticed a great difference.

12. NEW BUSINESS 15.039 A. First Reading of Ordinance No. O-15-02 – Extending Veterans Advisory Board 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.

The City Attorney read Ordinance No. O-15-02 by title and said this is first reading of the ordinance that would extend the Veterans Advisory Board’s life for five years. (Subsequent to the meeting, the City Attorney advised the City Clerk, prior to the legal ad placement, to add “Veterans Advisory Board” in the title for reference.

MOTION by Mr. Hill and SECOND by Mr. McPartlan to approve.

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Wayne Newland, Chairman of the Veterans Advisory Board, said the Board is a link between the Veterans and their needs and the City, they have been very active and accomplished much including traffic control during ceremonies which has greatly enhanced the events, have begun engineering the sewer connection project for the VFW and American Legion. He said they appreciate the progress on little things but it serves to bring their concerns to City Council and has been very successful.

Roll Call: Ayes: Coy, Hill, McPartlan, Gillmor, Adams Nays: None Passed: 5-0

15.031 B. First Reading Ordinance No. O-15-03 - Temporary Use Permits – Schedule Second 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.

The City Attorney read Ordinance No. O-15-03 by title. The City Manager said he had direction to bring this back, after Father Dave Newhart made a presentation to Council at the last meeting with concern, he met with Father Newhart, the City Attorney and the Mayor, and the ordinance is back before them with one sentence added to restrict temporary uses in PS districts in residential areas to non-commercial uses, and he asked them to pass on first reading. Mayor Gillmor said this will allow pumpkin patches, picnics. Ms. Coy said no commercial vendors, no outside vendors. Mr. Adams said he was pleased everyone was able to sit down and resolve this since the original ordinance did not meet the intent of what Council wanted to do. MOTION by Mr. Adams and SECOND by Ms. Coy to approve. Mayor Gillmor said his concern was that we not require permits for things that we would expect churches to do anyway, like dinner on the grounds or inviting boy scouts over for some type of minor jamboree, and we should not expect that churches in residential areas couldn’t use their property for displays or things like this if its non-commercial. He said he did not want to see them get a permit for that but for something they know is going to be large like a pumpkin patch or something else, this allows them that freedom. Reverend Newhart thanked the Council for hearing the voice of many of the churches and the neighborhoods. He said they did some research and between 2010 and 2014 there have been 110 permits requested and ten of them were between two churches and there were no complaints to the police or code enforcement, which says a lot about those events. He said they have never been intrusive, thanked the City Manager, City Attorney and Mayor for meeting with him to hash it out, noting these events are beneficial for the community, and this speaks volumes to the Council that they have good ears as evidenced here tonight. He commended them for their efforts. He noted he had not seen any of them at their events and invited them to attend, and also to join them in the February 28 KIRB cleanup along the Indian River.

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The City Attorney advised that this ordinance provides three layers of investigation and decision making being staff, then City Manager and then appeal to City Council, and Council has the last word. Roll Call: Ayes: Hill, McPartlan, Gillmor, Adams, Coy Nays: None Passed: 5-0 The City Clerk said for the record, both hearings will be on March 11th.

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

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

The City Manager recommended award of the fish house construction to Ferreira Construction in the amount of $416,990, noting we will be short by almost $5k and asked for an appropriation of $4,915 from DST funds. MOTION by Ms. Coy and SECOND by Mr. Hill to award the Working Waterfront Fisherman’s Landing Marina Fish House construction contract to Ferreira Construction in the amount of $416,990 and appropriate $4,915 from DST funds. Roll Call: Ayes: McPartlan, Gillmor, Adams, Coy, Hill Nays: None Passed: 5-0

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

Mayor Gillmor reported on his attendance at the last few IRL NEP Council meetings including today’s where Indian River County officially bowed out of the Council, cited his conversations with SJRWMD representative, Doug Bourneke, Interim Director, Maurice Sterling, and Mayor Winger of Vero Beach, and the bottom line is that we need to have a representative on that Council. He noted Mr. Bourneke stated it well, that the status quo is that the counties have no control right now and this is an effort to remove the bureaucracy to a process where the five counties located around the lagoon have a majority say in how money is spent. He said the two water management districts will be contributing $500K each, DEP $250K, federal government $500K, and the five counties $250K total, for a total of $2M. He said the two objections that were brought out from Commissioner Solari were that he didn’t feel SJRWMD or SFWMD or DEP should have voting members on the Council and that there was no sunset review. He said there is in fact a strong sunset review in the draft five years out, the Council can disband with a majority vote, they can disband at any time by a supermajority vote, and any individual member can opt out at any time but leave their pledged funds for that year. He said all other commissions have voted unanimously and it would be a travesty for four counties and other agencies to form a Council without Indian River County as a representative. He said he had voiced the idea to Tom Frick that Sebastian have some form of seat on the Council, and when they form without IRC he believes there is a mechanism to allow other entities to join, but it is up to the Council whether to accept us. He said we have been at the forefront with saving our lagoon but still have a lot of work to do, will spend money for the foreseeable future, and without an ear he did not see us getting any of the money.

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He said every agency will have to buy into it, citing that the Treasure Coast Council of Local Governments, on which Vice Mayor Adams sits, has attendance by representatives of the federal government and deals with lagoon issues all the time. Mr. Adams said it is a great opportunity to make contact with legislators through the aides who attend. Mayor Gillmor closed by saying he was asking a resolution or vote of confidence to seek a seat on the Lagoon Council. Mr. McPartlan asked if we would share funding and membership with Vero Beach if we were accepted. Ms. Coy asked if it is possible not to split with Vero Beach but request our own seat at the rate of $25K. Mayor Gillmor discussed the possibility of offering them office space in the old school house as in-kind. Ms. Coy suggested we first ask the Council if they will accept us as our own entity and what would it cost. Mr. McPartlan said they are going to want $50K for our seat if we want a vote. Mr. Hill said they are going to need to vote unanimously to allow Sebastian a seat, and to have same vote for not as much money doesn’t make much sense. He said he thought Indian River County had some legitimate concerns and wished they could work out their issues with the board, noting some of them want to, that we do need a voice but he would like to see IRC represent us on the board. He said we should have a voice, agreed it won’t happen for less than $50K, and suggested we go forth and ask them for a say and bring it back. Mayor Gillmor said as of today the full board voted to remove any reference to IRC from the document, and that he has had conversations with County Commissioners as well. Ms. Coy said looking at the players and two names mentioned on page 144 are long standing, very vocal players who she knows will not budge, especially when you have the citrus organizations involved in all of this, with long standing water issues, control issues and have been very active. Mayor Gillmor said they voted to form with at least six members and have five on board right now, St. Lucie and Brevard will vote next week, and they only need one of them and it will be formed, with the first full meeting the last week of Feb or March 4 or 11. He said if we can get a seat for $25K would Council authorize that because he would like to be at that meeting and give that pitch. He said they approached Treasure Coast Regional League of Cities and Space Coast League of Cities but they don’t have that kind of money. He said this Council was crafted close to the Tampa Bay project and there are lots of cities on that Council. Mr. Hill said once we start talking money, they will lose him on that, but we can say go forward and find out what it takes to pursue our vote, and then come back and then we have something we can vote on, but he would be reluctant to just throw it out there. Ms. Coy said we are not voting on money tonight. Mr. McPartlan said we could go to the meeting and express the interest that Sebastian has on this project, hopefully the County will come around and take care of the seat, and if not maybe Vero Beach would like to join and split a seat but the thing is, we are willing to do whatever it takes to be a part of this because the return on your money is 8:1. He said if no one else wants to come on board with us, we go after our own seat for $50K.

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Mayor Gillmor said based on conversations he has had, they are going to be receptive to having us.

Ms. Coy said we have had people looking at that office space and the City Manager said yes but at the opposite end of the building. Mayor Gillmor said he thought he had his marching orders.

New E. Airport Hangar B Lease – Eagle Air Transport (added to agenda during agenda modifications - see new backup attached to minutes)

The City Manager said Mr. Nelson of Eagle Air Transport, which operates the planes which provide Skydive Sebastian lift services, had asked him if Hangar B is available for temporary use for work he needs to get done on his planes. He said this is a temporary two month lease effective immediately at $2500 per month net, and asked for Council approval. MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the temporary lease of Hangar B. Ms. Coy s asked if it is extendable upon request. The City Manager said paragraph C of the lease (see new backup attached to minutes) has a provision for extension with Council approval. Roll Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0

13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS - None

15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Vice Mayor Adams - None B. Council Member Coy

Ms. Coy reminded everyone that Barber Street speed limit is 30 mph and we are watching.

C. Council Member Hill - None D. Council Member McPartlan - None E. Mayor Gillmor - None 17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 8:02 p.m.

Approved at the ___________________________, Regular Meeting. By: __________________________________

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

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