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HomeMy WebLinkAbout12-11-2019 CC MinutesM �Y SEBASTIA HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, DECEMBER 11, 2019 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Dodd called the Regular Meeting to order at 6:00 p.m. 2. Mayor Dodd asked for a Moment of Silence for the people that have been hurt these past few weeks and Pastor Grant Foster of Riverside Church gave the invocation. 3. Vice Mayor Mauti led the Pledge of Allegiance. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill Council Member Pamela Parris Citv Staff Present: City Manager Paul Carlisle Acting City Attorney Manny Anon, Jr, City Clerk Jeanette Williams Public Facilities Director/Airport Director Scott Baker Community Development Director/CRA Manager Lisa Frazier Community Development Manager Dom Bosworth Administrative Services Director/CFO Ken Killgore Asst. Administrative Services Director Cindy Watson Procurement/Contracts Manager Ann -Marie Fraser Environmental Technician Kim Haigler Leisure Services Director Brian Benton Engineer/Stormwater Director Ken Griffin Golf Pro Greg Gardner Police Chief Michelle Morris Police Captain Dan Acosta 5. AGENDA MgDIF)('19TIONS Mod cations or additions require unanimous vote of City Council members Council Member Gilliams asked to modify the presentation part of the agenda to allow the opposing side to comment on the City Manager's herbicide presentation. Mayor Dodd and Council Member Hill did not support his request. Mayor Dodd advised him there would be two workshops in the near future for citizens to provide input at that will be facilitated by a professional mediator/facilitator. Regular City Council Meeting December 11, 2019 Page Two 6. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS 19.060 A. Wreaths Across America Ceremonv Presentation by Rick Lewis Rick Lewis, Sebastian Coordinator, briefly described the event to take place December le at 12:00 noon at the Veterans Memorial Park that will remember and honor those who served our country. Joe Crowley, Indian River County Location Coordinator, stated they hoped to have enough wreaths next year to cover all of the cemeteries in Indian River County. Mayor Dodd recognized Carolyn Sartain Anderson who tried to get this program running three years ago. 19.162 B. Comprehensive Development Plan 2040 Kick Off Presentation by Community Development Director/CRA Manager Lisa Frazier The Community Development Director presented the process to update the 2040 Comprehensive Development Plan for the City. (See attached PowerPoint presentation) She said there will be extensive public involvement then the LPA will recommend the plan to Council for transmittal to the Department of Economic Opportunity. She invited Council to the upcoming public workshops. 19.158 C. Herbicide Report Presentation by City Manaaer Paul Carlisle Br17 pm Mayor Dodd explained that last spring Council asked the City Manager to produce a report that identified options to remove the vegetation from the City's waterbodies. MOTION by Council Member Parris to allow local vendors to put in RFPs for the proposed options. Mayor Dodd explained it would be bid under the normal purchasing process. The City Manager added that would happen when the process is determined. The City Manager went over his PowerPoint presentation. (See attached) He noted that above all, the canals and ponds would need to get back into shape then look at what vegetation comes back and integrate the outlined options to stabilize the banks and return the waterways back to their functioning capacity. He described how well EcoMight's Whack Out Weeds works but noted he has not tested it in a waterway because of the moratorium. Council Member Gilliams noted only option 5 included capital expenses. The City Manager explained the other options are to keep the system at current capacity noting everything would be discussed together at the future workshops —where to start, what to use. Mayor Dodd stated the workshops are needed to get the citizens to agree to spend the money to do this and then develop a work plan that needs to be folded in the 20/21 budget. He asked Council if they would agree to use an impartial facilitator for a day and night workshop. He noted that the ballfields will need attention this spring and they will receive a list of what needs to be done to preserve the fields. Regular City Council Meeting December 11, 2019 Page Three It was the consensus of Council to have the City Manager find a facilitator and schedule two workshops as soon as possible. Council Member Hill said the City Manager did an outstanding job in finding options for the maintenance of the waterways; he said he was concerned that the City would completely lose the canal system and parks with the year -long moratorium. Brief Announcements - December 14 B 15 - Craft Club Show-10 am to 3 pm - Riverview Park - December 14 - Wreaths Across America Ceremony- 12:00 noon — Veterans Memorial Park - Sebastian Police Department Movie Night Out in Riverview Park (Twin Piers) - 6 pm - 9 pm 7. CONSENT AGENDA A. Approval of Minutes - November 20, 2019 Regular Meeting 19.002 B. Resolution No. R-19-34 - Accepting 4th Quarter Financial Report and Recognizing Necessary Amendments and Adjustments to the FY2018/2019 Annual Budget (Transmittal, R-19-34, Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RECOGNIZING AMENDMENTS AND ADJUSTMENTS TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019 AS PROVIDED FOR IN EXHIBIT 'A'; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 19.163 C. Approve Sebastian Riverfront Fine Art and Music Festival Road Closures and Offsite Parking Usage of City Hall, January 18 and 19, 2020 (Transmittal, Application, Letter) 19.164 D. Approve the Piggyback to Charlotte County Bid #18-509, Vehicles for the Replacement Purchase of Six 2020 Ford Explorer Interceptor Patrol Vehicles for the Police Department in the Amount of $337,874.64 (Transmittal, Notice, Quote, Contract) 19.165 E. Approve a Budget Adjustment to Piggyback Florida State Contract #21100000-15-1, Agriculture and Lawn Equipment to Replace a TerrainCut Mower with a John Deere 7400A TerrainCut Mower for the Parks Division in the Amount of $36,579.66 (Transmittal, Notice, Quote, Contract) 19.166 F. Approve Alcoholic Beverage for Peralta Family Event at Community Center on 1/11/20 from 5:00 p.m. to 9:00 p.m. - Permittee DOB Verified (Transmittal, Application, Receipt) Mayor Dodd asked to pull item B; Council Member Gilliams asked to pull item D. MOTION by Vice Mayor Mauti and SECOND by Council Member Parris to approve items A, C, E, and F. Regular City Council Meeting December 11, 2019 Page Four Roll Call: Vice Mayor Mauti — aye Council Member Gilliams — aye Council Member Hill — aye Council Member Parris —aye Mayor Dodd — aye Motion carried 5-0. Item B Mayor Dodd asked staff to put the future budget amendment resolutions under new business to give the public an opportunity to comment on them. Also on page 62, he pointed out that the FEMA reimbursement to the general fund was done because the general fund made the initial payment for the hurricane damage. MOTION by Mayor Dodd and SECOND by Council Member Hill to approve item B of the consent agenda. Council Member Gilliams requested a summary from the CFO regarding the budget amendment. The Chief Financial Officer briefly went over the end of the fiscal year budget amendment. VOICE VOTE of consent agenda item B passed unanimously, 5-0. Item D Council Member Gilliams said he would like the Police Chief to consider one hybrid vehicle so that eventually the Department can switch over. The Police Chief said they did plan to look at that for the FY20121 budget but noted those vehicles are considerably more expensive. She also stated her inventory is critically low at the moment. In response to Council Member Gilliams' request to keep the purchases local, the Chief explained the local businesses did not bid on the statewide bid. MOTION by Council Member Gilliams and SECOND by Vice Mayor Mauti to approve consent agenda item D. Roll call: Council Member Hill — aye Council Member Parris — here Mayor Dodd — aye Vice Mayor Mauti — aye Council Member Gilliams — aye Motion carried 4-0. 8. COMM17-E REPOR�,S & APPOJNTMENTS City commr ee repoartts ern�dd oundl�flAdfambber regions committee, 1p1t.. No public input w action except for City committee member nominations and appointments under this heading. 19.073 A. Planning and Zoning Commission (Transmittal, Applications, List, Ad) i. Interview, l nless Waived, Submit Nominations for One Unexpired, Alternate Member Position — Term to Expire January 1, 2023 Regular City Council Meeting December 11, 2019 Page Five Mr. Christino and Mr. Civil introduced themselves. Council Member Gilliams and Council Member Parris nominated Mr. Christino. There were no further nominations. Mr. Christino was appointed to the alternate member position on the Planning and Zoning Commission. 19.152 B. Citizens Budpet Review Advisory Board i.. Vice Mayor Mauti Confirms His Appointee, Ed Herlihy ii. Council Member Gilliams said he was having difficulty finding the right person, but should find someone by the first week of January. III. Council Member Parris appointed Christopher Burdge. 19.167 C. Indian River County Census 2020 Community Action Committee Council Member Hill and Council Member Gilliams nominated Mayor Dodd to be Sebastian's representative on the Census Committee. 9. PUBLIC HEARINGS 19.155 A. Second Readinc & Adootion Hearing Ordinance No. 0-19-07 Reoardino Recvclable Materials (Transmittal. Abdication. Zonina Mao) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 86, ARTICLE III, BY ESTABLISHING A DEFINITION FOR 'RECYCLABLE MATERIALS'; AND AMENDING THE LAND DEVELOPMENT CODE, ARTICLE =I - LANGUAGE AND DEFINITIONS, BY ESTABLISHING DEFINITIONS AND LAND USE CLASSIFICATIONS FOR "RECYCLING OR MATERIALS RECOVERY FACILITIES"; AND AMENDING ARTICLE V - ZONING DISTRICT REGULATIONS, BY ESTABLISHING RECYCLING OR MATERIALS RECOVERY FACILITIES AS CONDITIONAL USES IN THE INDUSTRIAL ZONING DISTRICT; AND AMENDING ARTICLE VI - CONDITIONAL USE CRITERIA, BY ESTABLISHING SPECIFIC CONDITIONS FOR RECYCLING OR MATERIALS RECOVERY FACILITIES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS, AND PROVIDING AN EFFECTIVE DATE. (PJ Ad 1211/19) The Acting City Attorney read the title of Ordinance No. 0-19-07 and Mayor Dodd opened the public hearing at 7:25 p.m. The City Manager asked if there were any additional amendments that Council would like to see. 7:25 pm Mayor Dodd cited page 128, in Article XXII, Language and Definitions, and asked how does the City enforce the storing of recyclable materials longer than 48 hours. The City Manager responded that it would be brought to the City's attention through a citizen's complaint or If staff noticed violations but there would not be specific directed enforcement. Mayor Dodd said item 4 gives the Planning and Zoning Commission the authority to allow the storage on the outside a building without a limit, if one lies these two together, he noted it might infer the time limit is 48 hours; the only thing that defines Planning and Zoning's authority is the term "adequate." He asked for what will the Planning & Zoning Commission use to decide if they allow outside storage. Regular City Council Meeting December 11, 2019 Page Six Council Member Gilliams asked if City Council could give the authority. Mayor Dodd said because Council is the appeal authority it would be easier if Council stipulates strong enough language to provide direction to the Commission. Council Member Gilliams suggested that if it affects an outside area, it should be brought to Council. The City Manager said he agreed, and asked them to consider the "minimum or greater screening" than that is required by Sec. 54-3-14.16 to be approved by the Planning and Zoning Commission or Council. The Community Development Director said the use of adequate was in reference to number 6 and 7 (page 129) which determines how large the area needs to be and what the screening should be --which will the minimum of the adequate measurement. She also stated conditional use requests go back to the zoning code which slates outside storage is temporary (48 hours). Mayor Dodd said he would prefer a modification to section 4 (bottom of page 128) to reference the Planning and Zoning Commission can approve the use within confines of section 6 and 7 along with the 48 hours storage limit. 7.32 pm The City Manager suggested replacing the term adequate with screening consistent with Section 54-3-14.16 or greater as approved during the site plan process. Mayor Dodd noted his objective is not to have what the County has behind the drop-off station on Roseland Road. MOTION by Mayor Dodd and SECOND by Council Member Hill to approve as submitted with the modifications to item 4 of page 128, in which word adequate is removed and references are made to item 6 and 7 and a 48 hour time limit. The City Manager asked to defer the ordinance to a time certain to get language exactly as it needs to be. MOTION REMOVED by Mayor Dodd and SECOND by Council Member Hill to approve the ordinance with the modifications. NEW MOTION by Mayor Dodd and SECOND by Council Member Hill to defer this until January 8 passed with a voice vote of 5-0. 10. UNFINISHED BUSINESS 19.148 A. Reconsider PI ovback to Sourcewell Contract 083116-KON for CiMryide Manacled Print Services from Konica Minolta Business Solutions U.S.A.. Inc. for the Duration of the Active Contract (Transmittal. O & A. Monthlv Ootions. Aoreement. Notice. Sourcewell Info. Price Tab. Info) MOTION by Mayor Dodd and SECOND by Council Member Hill to remove the item from the table passed with a voice vote of 5-0. Council Member Gilliams said he appreciated the additional contract information; he would like to track who uses the machines; and he appreciated the repairs would happen within an hour or the machine will be replaced. Regular City Council Meeting December 11, 2019 Page Seven MOTION by Council Member Gilliams and SECOND by Mayor Dodd to approve citywide print services from Konica Minolta Business Solutions USA. Roll call: Mayor Dodd — aye Vice Mayor Mauli - aye Council Member Gilliams — aye Council Member Hill — aye Council Member Parris — aye Motion carried 5-0. 19.158 B. Reconsider the Soravina and Treatment of Moscuitoes in the Citv (Transmittal. E- mail) Mayor Dodd said this was in response to the e-mail received from the Mosquito Control District. MOTION by Mayor Dodd and SECOND by Council Member Gilliams that spraying by the Indian River Mosquito Control District be exempt from the moratorium approved on November 20. Doug Carlson, Director, Indian River County Mosquito Control District, said the District serves a public health as well as a nuisance control function and looks forward to continuing to work with Sebastian. He said they spray permethrin on a need basis which has been five times this year. He distributed a sentinel chicken program handout to Council. (See attached) AMENDED MOTION by Mayor Dodd and SECOND by Council Member Gilliams to include all treatment by the Mosquito Control District be exempt from the moratorium passed with a voice vote of 5-0. 11. PUBLIC HEARING IN ACCORDANCE WITH CODE SEC. 2-172 19.018 A. Consider the Removal of Natural Resources Board Member Robert Bedea (Transmittal. Police Report, Bookino Details. Plea) 7:44 pm Council Member Gilliams stated the issue for removal has been resolved and suggested there was no need for a hearing. Mayor Dodd stated Mr. Bedea asked for the hearing from the previous Council. MOTION by Council Member Gilliams and SECOND by Council Member Parris to forego the hearing and reinstate Mr. Bedea. Council Member Gilliams began to go over his reasons to forego the hearing. Mayor Dodd advised that would in effect be holding a hearing and called the question. Roll call: Vice Mayor Mauti — aye Council Member Gilliams — aye Council Member Hill — nay Council Member Parris — aye Mayor Dodd — aye Motion carried 4-1. Regular City Council Meeting December 11, 2019 Page Eight 12. PUBLIC INPUT Andrea Ring, 407 Quarry Lane, said it has been determined that the clogged pipes under Tulip have caused stormwater to back up and increase vegetation growth in their quarter round. She requested the City clean out their quarter round annually. Ben Hooker, Sebastian, said the recently repaved roads have not been leveled. He noted the recyclable material hearing was not open to the public nor the pulled consent agenda items. Linda Kinchen, Delmar Street, said being a council member is an honor and a privilege awarded by the residents of Sebastian so they should know everything they do and say is under a microscope, whether it be privately, publicly or on social media so if they are calling residents names or not keeping their taxes up to date, they don't belong up there. Graham Cox 1213 George Street, submitted six pages of his comments that will enhance the City Managers herbicide report. (See attached) He said an integrated plan is needed for each area, a public education plan, and a citizens' advisory committee. 182 Columbus Street, said he has seen the post in the Sebastian Daily and finds it very disrespectful and hurtful, calling people fat, obese. He asked what is next, making fun of the disabled. Mayor Dodd noted the publicly made comments didn't come from the Council and Council Member Parris could address it under her matters. John Denise, 164 Coply Terrace, complimented the City Manager on his herbicide report and expressed concern regarding the parks. He described how he stayed away from his home for six weeks and came back to find his yard unrecognizable. If nothing is done in the parks for a year it will look like his yard and he was concerned for the youth that play in the parks. Diana Bolton, George Street, asked if there was a mechanism to notify the residents when there will be mosquito spraying; she said the chances of someone getting the West Nile Virus are one in 21 M; asked residents to keep the standing water to a minimum. The City Manager stated he would talk to Mr. Carlson regarding spraying notification. Marlene Burke, 181 Dickens Avenue, complimented the City Manager for the herbicide report and asked for the years the universities did their research. She also asked for an annexation consultant. Council Member Gilliams and Mayor Dodd called for a recess at 8:09 p.m. and reconvened the meeting at 8:17 p.m. 13. NEW BUSINESS Regular City Council Meeting December 11, 2019 Page Nine 19.124 A. Short List Attomev Aoolications for Interviews Mayor Dodd staled a list of the attorneys that submitted resumes was in front of them and asked the members to rank four choices to come up with a list of three or four and then they would interview the applicants before the next meeting. Council Member Hill suggested they use a head hunter to receive more resumes. Council Member Gilliams disagreed, noting one of the applicants has 70 attorneys to handle any issue that might come up. He suggested relieving Mr. Stokes and retain the firm of Weiss, Serota, Helfman, Cole and Bierman until a decision is made. Council Member Hill said he did not believe they had enough applicants to pick from. Vice Mayor Mauti would have liked to seen more applicants. Council Member Parris said there were enough resumes received to pick from. Mayor Dodd stated the City of Miramar went from an in-house attorney to a firm and estimated that they were going to spend $135K a year but it ended up being $250K and they budgeted $300K for the next year. He said the City has a lot that needs to be completed, a lot of code that needs to be rewritten. He would prefer a staff attorney who spends 20% of his time with Council and the rest of his time with staff. He noted there wasn't a ton of difference between their choices and there were a couple of applicants that he could be satisfied with. Council Member Gilliams said he would like to use Weiss, Serota, Heitman, Cole and Bierman on a month -to -month basis and keep everything under one roof. Mayor Dodd said Attorney Stokes is willing to stay on until a new attorney is found. Mayor Dodd asked the Council Members to rank their top three choices. Upon review by Mayor Dodd, the City Clerk and City Manager it was determined that David Migut, Manny Anon, Philip Sherwin and Sherry Sutphin received the highest rankings. 8:45 pm It was the consensus of Council to interview all four highest -ranked applicants. 19.160 B. Consider Annexation Consultant Request for Pr000sal (Transmittal. Letter. E-Mail, Court Order) Mayor Dodd explained he wanted Council Member Mauti to know some of the items he would have the consultant accomplish would interfere with the current court proceedings and instigate another court proceeding; he also said a consultant could not intervene in the 164 Process; and under F.S. Chapter 163, the Department of Economic Opportunities and Treasure Coast Regional Planning Council (TCRPC) have to review the future land use change which they have done this already. He said the TCRPC was made of extremely qualified planners who have assisted with City projects in the past and he requested that whatever way the motion is crafted, they don't prohibit the City Manager from using the TCRPC in this role as a consultant. Vice Mayor Mauti cited his letter (page 191) as his MOTION which was SECONDED by Council Member Parris: Regular City Council Meeting December 11, 2019 Page Ten Hire a consultant/facilitator to review what has been done; to become familiar with the documents as they currently stand; review all documents presented for accuracy and completeness; examine all data presented in the documents for accuracy and completeness. In this role, this consultant/facilitator will be an expediter between the IRC, the City of Sebastian and the Graves Brother's engineering firm. The purpose of this consultant/facilitator is to ensure that all data, documents, and variables (financial impact on schools, traffic flow, police -fire needs, emergence needs and public works services) have been properly and accurately examined and presented to ensure that all documents and conditions represent the best possible outcome for the City of Sebastian. The consultant/facilitator will render a summary report to the City Council with his/her questions, concerns and/or recommendations to bring this matter of annexation to a satisfactory completion. The City Manager asked to consult with the acting City Attorney to see if they have overstepped their bounds on the court case and Chapter 164 process. He said if this was to have an impartial planner to review the process, he explained that he was about to hire an environmental planner who could look at the annexation. Vice Mayor Mauti said he was looking for someone to facilitate between the County and the City to gel the best resolution possible. The City Manager said if the County and Council don't agree on the 164 Process, a third party arbitrator will be hired. The Acting City Attorney said that is the issue is enjoined until the issue comes back from Judge Metzger; which should be around January. Council Member Hill reminded them that they have been advised not to talk about the case. Council Member Gilliams asked who the facilitator would be and suggested they should petition the court to save some time. Council Member Hill called for a point of order. Mayor Dodd made a MOTION with a SECOND by Council Member Hill to table the motion on the floor. Acting City Attorney Anon advised that for the record that City Attorney Stokes, as well as the attorney representing the City in the lawsuit, doesn't mind general comments but the issue regarding these kinds of discussions could be used as admissions against interest which can be used against us. The City did file the answer and we expect the Judge's reply by December 23. He recommends that they say absolutely nothing on the dais and let the Judge make her ruling. Roll call: Council Member Gilliams — nay Council Member Hill — aye Council Member Parris — nay Mayor Dodd — aye Council Member Mauti — nay Motion failed 3-2. 10 Regular City Council Meeting December 11, 2019 Page Eleven Mayor Dodd asked them to vote on the original motion. Council Member Hill noted they are putting the City in legal jeopardy; Mayor Dodd said hiring someone could happen in the future but they should gel past the issues they are caught in. Council Member Gilliams asked if it was in the City's best interest to proceed without Dan Abbott's advice. The Acting City Attorney responded Mr. Abbott was hired for a particular issue and he did not have to be here to have the consultant discussion. Council Member Gilliams suggested they ask the Judge for a mediator. He also suggested the City could ask for relief and set aside the annexation agreement. He said during the Executive Session, some of the Council Members were misled to believe the annexation agreement could be amended. 9:09pm Mayor Dodd gaveled and asked Council Member Gilliams to suspend his comments. He advised Council Member Gilliams he was providing direction to the Acting City Attorney on a territory that they can't discuss. For the record, the Acting City Attorney restated Attorney Stokes' direction that they have absolutely no discussion or conversation about the pending case. Charles Stadelman, 146 Mabry Street, Chairman of the Natural Resources Board, requested an opinion as to the Board's mission statement to provide guidance to the Planning and Zoning Commission decisions as opposed to a hiring a consultant. Mayor Dodd advised that the Board members were not planners. MOTION by Council Member Gilliams and SECOND by Council Member Parris to extend the meeting until 10:00 p.m. passed with a voice vote of 4-1. Joseph Paladin, President, Black Swan Consulting, said everybody at the table can get what they want if they just sit down and talk about it. Mayor Dodd said it will be resolved but they must deal with the legal proceeding first. AMENDMENT by Council Member Gilliams to instruct the City Attorney to have Dan Abbott set aside the annexation agreement and ask for relief. There was no second to the amendment and it died. The Acting City Attorney emphasized that if they even vote on this, they shouldn't be discussing this. Mayor Dodd called the question. Roll call: Council Member Hill — nay Council Member Parris — aye Mayor Dodd — nay Vice Mayor Mauti — aye Council Member Gilliams — aye Motion carried 3-2. MOTION by Council Member Hill to have everyone that voted affirmatively pay all the legal fees that the City will get sued for. There was no second to the motion and it died. MOTION by Council Member Parris to table the pending lawsuit with the Audubon Society. Mayor Dodd advised they cannot do that. The motion died. 11 Regular City Council Meeting December 11, 2019 Page Twelve 19.168 C. Award Citvwide Si a' a. Construction and Installation Contract (RFP#19-10) to West Central Sians. Inc. — Sigqnstar in the Total Amount of $229.020.35 (Transmittal. Scores. Resoonse. Aareementl 9:21 pm The City Manager said the design criterion has been approved and the company that works for Disney responded to the proposal. MOTION by Council Member Hill and SECOND by Vice Mayor Mauti to approve the citywide signage, construction and installation contract to West Central Signs, Inc. — Signstar. Vice Mayor Mauti asked if landscaping protection and repair would be included. The Procurement Manager responded the bid form does include everything associated with the installation of the sign. Roll call: Council Member Hill — aye Council Member Parris — aye Mayor Dodd — aye Vice Mayor Mauti — aye Council Member Gilliams — aye Motion carried 5-0. Ben Hocker, Sebastian, said it would have been nice to see potential signs. Mayor Dodd said they were displayed when they came before City Council. 14. CITY ATTORNEY MATTERS 19.160 A. Pelican Island Audubon Societv et. al. v. City of Sebastian — Case No. 2019-AP- 000142 (Transmittal. Petition. Omer. Resoonse) The Acting City Attorney stated he covered Attorney Stokes' request to continue the gag order under item 13b. 15. CITY MANAGER MATTERS The City Manager wished everyone a Happy Holiday and Merry Christmas. He also thanked staff and the volunteers for all they have done for the parade. 16. CITY CLERK MATTERS - None 17. CITY COUNCIL MATTERS A. Council Member Gilliams requested an update on the American Legion site plan. The City Manager said their engineer did meet with staff and everything was up to date. In response to Council Member Gilliams, the City Manager reported that he did not submit any legislative/appropriation requests to the legislature for the upcoming session; the City was still waiting on documents from Family Heating and Air's permit; and instead of making a single handicapped playground in the City, it was decided that each park would have inclusive equipment to accommodate disabled children as they are upgraded. Council Member Gilliams said he would like to see a Citizens Academy in the future and to hire grant writers. He wished everyone a Merry Christmas. 12 Regular City Council Meeting December 11, 2019 Page Thirteen B. Council Member Hill announced the events listed under brief announcements. He noted the Police Department's Movie Night Out will be December 20'h and commended the Police Department for doing such a nice job during Light Up Night keeping everyone safe. C. Vice Mayor Mauti wished everyone a healthy and safe New Year. D. Council Member Parris stated the fabricated editorial in the local on-line, evil trash tabloid is completely inaccurate. She asked everyone to watch what they read. E. Mayor Dodd requested three workshops next year for the new Council Members to include: Council procedures; Growth Management Department Operations; and the budget process. There was no objection from City Council. He wished everyone a Merry Christmas and asked them to remember Americanism 18, Being no further business, Mayor Dodd adjourned the Regular City Council Meeting at 9:42 p.m. Approved at the January a, 2020 Regular City Council Meeting. - - Mayor Ed Dodd _ - ATTESL 4-tel. Wililama, MMC - Cify Clerk 13 Preserving Our Past — Preparing For Our Future City of Sebastian I Comprehensive Development Plan 2040 Kick off Presentation December 11, 2019 LN City of Sebastian Writing the Next Chapter Approach and Process Implement 15-years into From Today thru 2025 Vision Future Approach and Process What is the Comprehensive Plan? A set of policies intended to serve as the Community's Vision and to guide the development of a community, typically over a 10-20 year period. CITY OF SEBASTIAN ➢ Existing Comprehensive Plan 2009 ➢ Evaluation and Appraisal Report Based Amendments 201 o, Adopted in 2012 ➢ State Evaluation required every Seven Years ➢ Comprehensive Development Plan Proposed Update required by September 2020 Florida Statute Chapter 163.3177 - "The comprehensive plan shall provide the principles, guidelines, standards, and strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area that reflects community commitments to implement the plan and its elements. These principles and strategies shall guide future decisions in a consistent manner and shall contain programs and activities to ensure comprehensive plans are implemented." Florida Statutes Chapter 163.3177 Requirements for Comprehensive Plan • Required Elements a. Future Land Use Plan b. Transportation c. Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Aquifer Recharge d. Conservation e. Recreation and Open Space f. Housing g. Coastal Management h. Intergovernmental Coordination Alternative Elements a. Public Schools b. Capital Improvement Program c. Economic Development (not in scope) Ch. 163.3177, F.S. The Comprehensive Plan Process... • Key opportunity to create and implement the Vision • Provides analysis of existing Plan • Review of State Statutes (what's changed since zoo?) • Review of Existing Planning efforts • Coordinates analysis of current data • Coordinates Public Engagement • Update Goals, Objectives and Policies • Creates the framework for Code updates • Conduct Public Hearings r, • Local Planning Agency (Planning Commission) • City Council • Transmit to Florida Department of Economic Opportunity Current Plan Analysis Community Engagement Planning commission staff Draft Comprehensive Plan Emoting Condition Future Considerations Visioning - Public Engagement - Plan City Staff Outreach — Civic, Social, Other Groups Planning Commission :Stakeholders City Council t= 1;1 • Kick -Off • Monthly Updates & Reviews (two weeks prior) • Workshops/Public input • Findings and Draft Plans • Workshops/Public input meetings • Advisory Boards • On -Line Survey • Community -wide Kick -Off • Monthly Updates & Reviews • Review Findings and Draft Plans Proposed Timeline • LPA kick off presentation: • CC kick off presentation: • LPA Livability Workshop: • N RB Cons/Coastal: • LPA FLU, Housing, Schools: • LPA Mobility, Facilities: • P&R Parks, Rec, Open Space: • LPA Parks/CC: • LPA Final Draft: • CC Final Proposed: Nov 21, 2019 Dec 11, 2019 Feb 6, 2020 March 3, 2020 March 19, 2020 April 16, 2020 April 27, 2020 May 21, 2020 July 16 or Aug 6 Aug 26 or Sept 9 8 QUESTIONS?. City of Sebastian Herbicide Report Why The Report The City Council asked the City Manager to evaluate the use of herbicides in the City and provide options that maybe available as the overall stormwater systems, parks, and open spaces are to be managed moving forward. What the Report's Intent was. 0 THIS REPORT WAS NOT SANCTIONED TO DETERMINE WHETHER OR NOT GLYPHOSATE IS A DANGER OR NOT, BUT TO LOOK AT WAYS TO BETTER MANAGE THE CITY'S RESOURCES THROUGH INTEGRATED BEST MANAGEMENT PRACTICES What Was Considered -- 0 ------ Legal means of treatments City's current practices and their efficiency Available methodologies Permit requirements Cost vs. effectiveness Sustainability What other Communities have done Legal Means of Chemical Treatments 0 Federal Law The Environmental Protection Agency (EPA) regulates the use of pesticides in the United States under the authority of two laws: 1. the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 2. the Federal Food Drug and Cosmetic Act (FFDCA) No pesticide may be legally sold or used in the U.S. unless it bears an EPA registration number. If a pesticide is registered, EPA imposes enforceable label requirements, which can include: • maximum rates of application • classification of the pesticide as a "restricted use" pesticide • restrictions on use It is a violation of Federal law for any person to use a pesticide in a manner inconsistent with its label. Legal Means of Chemical Treatments 0 • State Law Chapters 482 and 487 The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) includes provisions for monitoring the distribution and use of pesticides, and for imposing criminal penalties for violations. It is unlawful under FIFRA to use a registered pesticide in a manner inconsistent with its label, to alter the label, or to distribute any adulterated or misbranded product in commerce. FIFRA authorizes "cooperative enforcement agreements" between the Environmental Protection Agency (EPA) and the states. In 1978, the states (including Florida) were given primary enforcement responsibility for pesticide use violations. In Florida, regulations of pesticide distribution, sale and use is accomplished through the Florida Pesticide Law (Chapter 487 of the Florida Statutes). This law and associated rules of the Florida Department of Agriculture and Consumer Services (FDACS) specifically address pesticide registration, labeling requirements, applicator certification and penalties for violations. Every year, the EPA issues national Consolidated Pesticide Agreement Guidance, which outlines the national enforcement priorities and activities that every state must address under its enforcement agreement. EPA also issues compliance monitoring strategies to help ensure consistency in enforcement activities across the nation. Slides from the City of Boca Raton r�% ---- ---------------- %Z:J Why develop the pilot program? * Evidence on the health impact of glyphosate is still developing Major international health and food safety organizations have issued differing statements on glyphosate potentially being carcinogenic • World Health Organization classified glyphosate as "possibly carcinogenic in humans" European Food Safety Authority concluded that glyphosate alone is "unlikely to be genotoxic" r_ Slides from the City of Boca Raton Study ------------------------------------------------------------------------------------------ 0 -------------------------------------------------------------------------------------------------- E P9 �I I r University of Florida Agricultural Extension Office reports: "Many people associate organic with safer. This can be misleading because it depends on how safety is measured. For example, there are multiple organic herbicides that are considered to have the same or higher toxicity when compared with glyphosate, because many of them have irritant and corrosive properties" - Dr. Raymon Leon, Extension Weed Specialist Slides from the City of Boca Raton Study -- 0 -------------------------- Pilot Program • For the past nine (9) months, the Recreation Services Department has been using organic herbicides and pesticides where possible in the barrier island parks. These organics and herbicides include Avenger and Mirimichi Green and several others listed below. Herbicides • Molasses Liquid • Dry Molasses • Avenger • Mirimichi Green • Dr. Earth Insecticides • Eco Via Granules • Azera • Niprovit Pro Plus • Garlic Barrier • Mosquito Dunks • Aza Sol Beetle B Gone • Molt-x • Mirimichi Green Slides from the City of Boca Raton Study One Park Application Area --------------------------------------------------------------------------------------- 0 --------------------------------------------------------------------------------- lr� 0 - in I Staff costs per application is static, 480 Material costs per application varies, from $12.42 to $442.24 Number of applications required annually per product varies, from 12 to 4z" Round Up Pro: 12 applications at a cost of $492.42 per application Annual cost = $5,909.04 Avenger: 36 - 48 applications at a cost of $922.24 per application Annual cost = $38,34.08 Mirimichi Green: 42 applications at a cost $633.92 of per application Annual cost = $26,624.46 Slides from the City of Boca Raton Study ----------------------------------------------------------------------------------------------------------------------------------------------------0 ------------------------------- Organic Herbicides • Effective at killing very small plants (less than 2 inches tall) • Large plants can suffer leaf burning after treatment with organic herbicides, and if the application is done properly, the user will see a lot of control shortly after application • Plants recover quickly and control level decreases because, unlike plants treated with synthetic herbicides, they can produce new growth from tissues that were not directly exposed to herbicide Slides from the City of Boca Raton Study Product Performance ■ To date the testing of organics has had mixed results i • Organic herbicides, when sprayed at rates 2-4 times as frequently as glyphosate, were marginally successful in cooler months but not effective in controlling weeds during the warmer months due to temperatures and increased rainfall Organic herbicides have been largely ineffective resulting in increased weed growth and weed coverage in areas typically maintained at a higher level However, Organic insecticides have shown some positive results Test Results Avenger Organic Herbicide Full Strength Application Found Up Pro Full Strength Application Te tNng was conducted from April 1811 through May 01 at Countess de Hoernle Park Test Results Avenger Organic Herbicide Round Up Pro Full Strength 2 Clays Full Strength 2 Days 15 Test Results Avenger Organic Herbicide Round lip Pro Full Strength 1 Week Full Strength 1 Week 16 Test Results Avenger Organic Herbicide Found lip Pro Full Strength 2 Weeks Full Strength 2 Weeks Test Results Avenger Organic Herbicide Full Strength 4 Week Round Up Pro Full Strength 4 Week I 18 Test Results Avenger Organic Herbicide Regular Strength Application 1 Found Up Pro Regular Strength Application f� 7 19 � Test Results Avenger Organic Herbicide Found Up Pro Regular Strength 2 Days Regular Strength 2 Darr KII IL Test Results Avenger Organic Herbicide Found Up Pro Regular r Strength 1 Week Regular Strength 1 Week Test Results Avenger Organic Herbicide Found Up Pro Regular Strength 2 Weeks Regular Strength 2 Weeks 22 Test Results Avenger Organic Herbicide Found Up Pro Regular Strength 4 Weeks Regular Strength 4 Weeks 3 w WW Mir got '• • '17, 7`�IT . b4p."WeV Test Results Mirimichi Green Round lip Pro Regular Strength 2 Days Regular Strength 2 Days 5 Test Results Mirimi hi Green Regular Strength I Week Round Up Pro Regular Strength 1 Week ;F� 26 Test Results Mirimi hi Green Round Up Pro Regular Strength 2 Weeks Regular Strength 2 Weeks 21 Test Results Mirimi h i Green Round Up Pro Regular Strength 4 Weeks Regular Strength 4 Weeks 8 City's Independent Test Results ----------------------------------------------------------------- 0 -------------------------------------------------------------------------- EcoMight W.O.W Day i Glyphosate Day i City's Independent EcoMight W.O.W Day 7 . t�:. - -�..�.• !,ram _,•:. ... in,�r "•' ��ix.,x rf� ,, ,,� ��?r� ;.'LR'. ,+•',�i'• �• e f � •-� �:.�i •rig= � _ � .F ` Results Glyphosate City's Independent Test Results ----------------------------------------------------------------- 0 ----------------------------------------------------------------------- EcoMight W.O.W Day 28 Glyphosate Day 28 { y 'Y- �y�Y��� Y y d I+G t y u Product Performance • Some Recreation team members have suffered some adverse reactions to the organics The City has received several complaints from patrons regarding the strong odor of the organic products as well as weedslappearanoe at pilot parrs W Florida Community Approaches a, At the recent Florida Recreation & Park Association Conference, organics was a topic at the Director's Roundtable: • Mang Florida cities and departments have tried organics unsuccessfully and had to spend time and monies to return the parks to it's original condition * They enoountered many weeds and a range of complaints from their citizens • Some directors stated that the continued investment in new products did not translate into improvement in the condition of the parks and open areas _iR W National Research Findings Nationwide, communities In cooler and more seasonal environments which have reduced the use of synthek herbicides have followed combined approaches such as: Integrated Pest Management, i Use of native plants, Organics as a first line of defense, synthetics as last resort, and i Phasing in restrictions. • Communities experience challenges with weed management, for example, Durango Colorado: • Initiated a three () year pilot program to switch a half dozen parks to organics_ Trial period ended with are increase in undesirable turf from :5% at the start of the program to 0% at the end of the three {0} year period_ The organic methods produced results that were less desirable, required more maintenance, and were more expensive_ 39 Potential Methods Biological Control ---------------------------------- ----------------------------------------- -------------------------------- The development of an effective biological control agent requires a significant amount of time and money, involves international coo eration, and may produce unpredictable results. For instance, the biological control agent may fail to reproduce and/or provide the desired control on the target weed. However, the long-term benefits of an effective biological control a ent can far exceed the development costs. The results from a success ul biological control agent last longer than most management techniques and reduce the need for, or amount of, chemical, mechanical, and physical controls. It is believed that successful biological controls save much time and money in aquatic and wetland plant mana ement. During the past 50 years, eighteen biological controls have wen evaluated overseas, studied in quarantine, and released in Florida and throughout the southeastern U.S. to control five invasive aquatic plant species. Potential Methods Livestock -------------- ---------------------- The goal of prescribed grazing for invasive plant management is to manipulate patterns of defoliation and disturbance to place a target plant at a competitive disadvantage relative to other plants in the community (Walker et al. 1994)• Achieving this goal requires extensive knowledge and solid understanding of how invasive and desirable plant populations within a particular ecosystem will respond to a particular herbivore's grazing behavior. Potential Methods Livestock ---------------------------------------- 0 ------------------------------ ------ In weed -infested areas, grazing must be carefully managed to reduce rather than increase invasive plant establishment and spread. Ecologically -based grazing prescriptions pay careful attention to positively directing plant community change, not just removing the weedy species (Sheley et al. 1996). Grazing prescriptions may put target plants at a competitive disadvantage using two general approaches (Frost and Launchbaugh 2003): Potential Methods Harvesters --------------- (OD -------------- Harvesters are self-contained, modified barges with underwater cutting blades and conveyor belts that remove material from the water column or surface and transport it to another location for disposal. o Expenses are generally high o Acquisition cost of machinery o High maintenance 0 Operating costs Potential Methods Harvesters -------------- O(D ---------- ---- Non-selective — removes all plant and animal species that cannot escape harvester path Removes slow -growing native invasive plants, like hydrilla Hydrilla recovers faster from plants mixed with harvesting than native plants and shades them out FL study: up to 32% removal of young -of -year sport fish per harvest in hydrilla Studies in other states show similar results of harvesting ash and invertebrates Potential Methods Harvesters ---------------------------------------- 0 ------------------------------ Invasive water hyacinth and hydrilla expand faster than harvesters can remove them Not effective in shallow water or reservoirs in flooded timber Cannot reach plants where control may be important (shorelines, among trees or snags) Potential Methods Shore -based track hoes ---------------- Shore -based track hoes �00 draglines are machinery that lifts aquatic plants and associated organic material directly from the water and piles it along shorelines or into dump trucks for off -site disposal. or draglines Usually used for emergency removal of debris at bridges or flood control structures. More reactive vs. preventive or proactive management Potential Methods _Shore-based_track hoes or draglines%�:J I Harvest rate is generally slow Best suited for emergent and woody species and thick floating masses of organic material Harvest wind-blown floating tussocks, floating islands or debris from lake shorelines Need access to shoreline for removal equipment Harvesters or tugs may need to push vegetation or organic material to track hoe or dragline May raise turbidity issues in shallow water Fragments or debris may drift downstream Potential Methods HandPulling ---------------------------------- ----------- T\ ------------------------------- I Hand -pulling requires digging out plants and their roots, or lifting or netting floating plants from the water surface. Plant material is then deposited away from the shoreline. Hand -pulling is practical for controlling small amounts of aquatic plants in easily accessible, shallow water. Physical aquatic weed removal only removes the parts of the plant above the pond bottom and leaves the roots intact. The results of physical removal are immediate, but usually very short-lived. This should be kept in mind when budgeting for long-term solutions to aquatic weed growth. Potential Methods Benthic Barriers --------------------------------------- r'�% ktj -------------------------- --------------- Benthic barriers consist of materials such as sand and gravel, burlap, plastic, fiberglass screens, nylon, and other synthetic substances that cover rooted plants and prevent them from growing. Benthic barriers typically kill the covered plants in one to two months and prevent new plants from growing. Benthic barriers are labor intensive to install and maintain and are therefore generally restricted to small locations, such as ornamental ponds, swimming areas, and around boat docks. Benthic barriers are not selective; they control all plants and other living organisms that are covered. Plants will eventually regrow if sediments accumulate on top of the material. Potential Methods Cutting/ SOOhearing _ � J Cutting or shearing requires the use of a variety of tools. Machetes simply chop plants. Tethered rakes or blades are thrown into the water and retrieved by hand. Heavy metal weights, chains and even bed springs can be towed through weed beds to cut or pull plants from the bottom. Hand -cutting can minimize environmental disruption if done with care, but rapid regrowth is possible if the roots are not removed. Cutting is time-consuming, labor-intensive, and the effects generally last less than one growing season. Potential Methods Cutting/ SOOhearing ------------------------------- --------------------------------------- Most submerged aquatic weeds, like spatterdock or water lilies, have deep roots. A blade won't pull up those roots. These roots strengthen helping the aquatic weed to grow back strong like "pruning". In the case of parotts-feather, it means fragments with roots are spread throughout the pond, resulting in more weeds than those that were there in the beginning. Potential Methods Dredging �------------------------------ ------ T0 Sediment removal is expensive and causes significant environmental impacts. Therefore, a considerable amount of planning and permitting is involved to identify priority control areas, minimize impacts to water quality and locate suitable disposal sites. Most sediment removal projects are conducted to alleviate problems associated with the accumulation of organic material, and aquatic plant control is a side benefit rather than a management goal. No matter how thorough, sediment removal leaves seeds and other reproductive material behind and aquatic plants usually regrow fairly quickly in Florida's shallow waters. I F� W °r4 I If, Options ---------- 0 ---------------- The options listed are based on estimates; an actual cost cannot be obtained until an actual bid is done. Option 1. Keep the current program in place without any changes. The following costs are associated with this are: • Contractor spraying $ 6o,000.00 • Staff and equipment (all divisions) $1,86o,000.00 • Totals $1,920,000.00 Options --------- 0 ---------- Option 2. Use alternative spray chemicals Glyphosate, but keep drainage systems in functioning at current levels. • Contractor spraying • Staff and equipment (all divisions) • Totals with reduced use of current condition and $ 300,000.00 $1,86o,000-oo $2,16o,000.00 Option 3. Use alternative treatments and organic treatments where applicable and no Glyphosate use. • Contractor spraying $1,300,000-00 • Staff and equipment (all divisions) $1,860000.00 • Totals $3,160000.00 Options --------- 0 ---------- Option 4. Limited chemicals with manual and mechanical removal. • Contractor man power and equipment. $2,073,000.00 • Staff and equipment (all divisions) $1,860,000.00 • Totals $3,933,800.00 Option 5. The use of limited chemicals, mechanical removal, and capital restoration and plantings. • Contractor maintenance $ 300,000.00 • Staff and equipment (all divisions) $1,860,000.00 • Capital restoration projects $ 500,000.00 • Totals $2,660,000.00 .. y 'tNt ry Indian River Mosquito Control District ;oOo Doug Carlson Director 5655 41^Street PH: 772-562-2393 Vero Beach, FL 32967 FAX: T 2-562-9619 Cell: 772-559-6999 IRMCD weEpage: irmoscuim com doug.carlson@ilmosquito2,org tpUq qre r o c saarro coeR STATUS REPORT Total Seraconversions for Current Surveillance Year Flavivirus WNV or SLEV This Week YeaMo-Data ass Number Sites w/at least 1 confirmed positive sentinel 0 8 Number of confirmed positive sentinels 0 65 3 Date: 12/9/2019 Alphavims EEEV cr HN This Week I Year -to -Date Number awaiting PRNT confirmation-' I 3 1 I I WNV= West Nile virus; SLEV-St Louis encephalitis virus; EEEV=EOStern equine enrepholith, HJV= Highlands virus ' HAI presumptive positives will go through ELISA testing for ronflrmatlon. Those samples that are negative, Inconclusive or equivocal on ELIM will go through PRNTtestingforfinal ronfirmaton. Total Seroconverdons per Flock Confirmed Confirmed Presumptive Pending Sentinel Flock# Confirmed SLEV "Flavivirus Confirmed Confirmed HJV positives HAI Confirmation WNV positives positives positives"(pending EEEV positives positives (PRNT) nfirm confirmation! I001-Lockwood I8 007-IRMCD 6 - 1 012-Youth Ranch 9 I014-Landfill 9 I I 1 I015-Powerlinc 9 I016-Fellsmere 5 I I I 1 1017-Ryall 8 I 2 I018-Fairgrounds 1 10 I 1 1 TOTAL 1 64 0 1 0 0 I 3 3 Comments on latest serologic data: We received notification of 3 new presumptive positive birds, 2 forthe 11/21-22 bleed date and 1 for the 11/26-27. Our year-to-date total remains at 64 WNV+and 1 flavivirus+chickens far a total of 65 confirmed seroconversions. We are waiting on 3 birds to came back from ELISA and 3 birds to come back from PRNT. We received notification from the Fellsmere home owner that they would like us to remove our sentinel flock from their property no later then January 1, 2020. We have selected a new location in Fellsmere that we will transition to Iaterthls month. Submitted by: Mark Kartzinel, Medical Entomologist I, Q. 1 �y O ty � Q � Q it •; � r r. he Doogle Earth 20,8.Googla ,la SIG, NJAA, ❑.S. Navy, NGA. GMCO 10 ml N Good evening. My name is Graham Cox, 1213 George Street, Sebastian Let me first remind ourselves of the wording that directs Mr. Carlise to prepare this report. In the Council minutes of April 10 there are two versions of the motion, as follows: Version 1 Mr. Dodd: proposed a motion to have the city manager provide city council a document that outlines the options for removing the vegetation from the canal system as part of the maintenance responsibility and provide that to the city council with pros and cons and cost estimates. Version 2 Mr. Dodd and Mr. Hill: proposed a motion to provide city council a document that outlines the options for removing the vegetation from the canal system as part of our maintenance responsibility and provide the document to city council with pros and cons and cost estimates. If you remember, at the Nov. 20 2019 meeting Mr. Dodd went further and proposed that the city manager include the golf course and the city parks in the study, in addition to the canal system. (They are not addressed in this report as separate items) We now have the report from the city manager. Despite the eight months it has taken for him to produce the report it falls short -- it plagiarizes FWC and IFAS documents without clear attribution, it does not provide pros and cons of realistic alternatives and the cost estimates have no back-up calculations to support the numbers. Nor does the report look at all the environmental and human health pros and cons, in particular the dollar and non -dollar costs of each. Though the plan describes a `dirty dozen' list of aquatic weeds it does not present a plan which specifies the species of unwanted/invasive vegetation we are dealing with in each area or segment of the canal. Simply listing them cut and pasted from an IFAS handbook does not tell us where they are, or how serious the threats are to the canal and ponds. The report does not describe a plan which would allow us to tackle one canal segment and then move to another so that the results can be compared for effectiveness and efficiency. Compared to the 17 page section on toxic chemicals the report does not seem to seriously consider mechanical, biological, physical and non -toxic chemical means of clearing the canal system of invasive aquatic weeds. This section is just 1 I pages, with another six pages devoted to controls using goats, sheep and cattle. The report dismisses on page two the use of non -toxic sprays that could be considered. The report does not consider the long-term and on -going management necessary to keep the canals, ponds and drainage ditches clear, nor the measures to keep the golf course and our parks clear of invasive plants. The report does briefly discuss the obligations to manage the storm water park and asserts the key issue here is Brazilian Pepper and other non-native vegetation. The real problem here is the non-use of this resource to clean the canal water and reduce nitrogen and phosphorous loads in the canal. We need a plan that includes a description of the resources — people, equipment and dollars -- to keep the canals, ponds and drainage ditches clear, and a plan that allows the city to be prepared to invest the resources to design, develop and implement an effective and efficient remediation and maintenance plan. I have spent many years reviewing and grading graduate student papers and reviewing and grading grant proposals. I have written and submitted many of them and been graded or better still awarded grants based on the quality of the application. However, if this manager's report was a student report I would grade it generously as a D minus, given the length of time he has had to produce this report and given the resources, i.e. people and agencies -- he could have called on for help. Simply listing herbicides and invasive plant species without seriously looking at them in a management context is not sufficient. We do need an open ended public discussion in January/February 2020 of the whole issue. We should do this sooner rather than later in multiple workshops. We need daytime and evening workshops, maybe even weekend workshops, to reach different stakeholders. We need much more precise descriptions of the problems, the alternative solutions, the pros and cons and the costs -- all costs, human health, ecological, not just dollar costs -- and examine how the city -- with help -- could finance the projects over time. We agree that the city should develop a capital improvement plan "that will address the sediment in the canals, the encroachment of vegetation and aquatic plantings to improve water quality, aquatic habitat and shoreline stabilization." (see page two). For example, can we get federal or state aid for any of this work? Can we get help from the Indian River Lagoon Council to explore funding possibilities. The IRL council does have three grant writers under contract, free of charge to municipalities and NGOs, to write grant applications on the city's behalf. The city should take up the Lagoon Council offer of grant -writing help. Let me now go into some detail: 1. The structure of the report is backwards. The most useful and meaningful discussion is in the last three pages of the report. The lists of state and federal approved chemicals as well as the list of invasive plants belong in an appendix, not up front occupying 17 pages of the 39 page report. 2. The report starts out defining the problem as the manager sees it -- we have to comply with US EPA, State, St. Johns Water management District, laws and rules to maintain the flow of water and to do this requires clearing weeds and using EPA and State approved toxic chemicals. The report almost immediately (page 2) dismisses the use of non -toxic alternative sprays (most are vinegar based) on the argument they have not been approved for use (so we can ask: how come so many entities are using them?). This is a very limited definition of the problem, but the report goes on to list solutions -- largely chemical -- without clearly describing the real problem/s. 3. The report then launches into a recitation of approved toxic chemical weed killers and then lists the `dirty dozen' invasive weeds that the FWC and IFAS don't like. I am assuming that this is the manager's way of defining the problem, simply listing the invasives. However, the report does not identify the specific unwanted/invasive vegetation species that we need to address in our efforts to clear -up our canal, other waterways as well as the golf course, parks, conservation areas. How are we to choose among the treatment options given such a broad listing as the report provides unless we know just which unwanted/invasive vegetation is present and just where precisely they are for us to deal with? 4. Here is how we would like the report structured to be useful. (Page numbers would certainly help in making comments.) First, define the problem/s: This report does not define the specific problems that the manager has been charged with reporting on. We need a definition of the problem -- probably several problems -- that we all can agree on. Hence the immediate need for the first two items of an Integrated Pest Management Plan, an IPM. These are l) a broad public education program; and 2) the creation of a stakeholder/citizen advisory committee, one that is there for the long haul because the problems will not be solved in a few months or even a couple of years. We need an integrated pest management plan (IPM) for each of the three areas of concern -- canals, golf course and parks. We have asked for an IPM Plan for the canal for at least four years to no avail. We are now saying we also need an IPM for the golf course and for the city parks and conservation areas. As noted, steps one and two of an IPM are an education program (to alert citizens to the issues) and a citizen participation element (to involve citizens and stakeholders in defining the problems and help seeking solutions.) The city manager's report does not provide an option for breaking the canal issue into smaller pieces -- e.g., tackling one short section of the canal one way, another section treated another way, then monitoring and comparing results over time. Whatever solutions we choose will be expensive and will take years to cover the backlog of problems before the annual costs become reasonable and built in to the normal city budget. The manager's report pre -supposes that the ultimate solution will involve spraying some toxic chemical so we are presented with an extensive discussion of chemical alternatives (dismissing non -toxic sprays as probably unlawful), with costs that do not make sense. The report gives short shrift to mechanical, biological and physical means of clearing the canal system. (There is a long section, more than five pages out of the 39, on goats, sheep and cattle as agents effective at clearing invasives, but this method is not appropriate for clearing aquatic weeds in the canal and along the banks, maybe on the golf course or in the parks.) Frankly, all this information listing chemical sprays and invasive plants belongs in an appendix, not in the main body of the report. The report should in fact be a much enlarged discussion section that appears in the last 12 pages of the report, in particular the last three pages. To move the plan forward the city needs to hire a qualified environmental manager whose sole job is: 1) prepare IPM plans with citizen input for the canal, golf course and parks; and 2) maintain the canals, ponds, golf course and parks to clear them of invasive plant species. It is a big job and requires the environmental manager to cross department boundaries to get the work done. Given that the solutions will be expensive and may strain the resources of the city, the council may well be looking to broad citizen dollar contributions over and above tax revenues. (As a side note, we have had to do this in the Lake George basin in NY, with environmental and chamber of commerce entities making substantial contributions to the $450,000 annual bill for tackling Eurasian Milfoil.) We should treat the canal as we treat power lines -- as a utility corridor that has to be maintained, and we should be prepared to devote major resources to keeping the water and the canal banks clean and secure. For example, FPL has a whole fleet of trucks and tree trimmers under contract, working constantly to clear the power, phone and cable line corridors. We should do the same for the canals, ponds and drainage ditches. The report does acknowledge that the FWC and IFAS contributed assistance in preparing this report. But as others have commented, both agencies have a bias towards toxic chemical spraying as THE solution. We did give the manager contact information for these agencies but whether he just lifted their text from their web sites and failed to talk with them we do not know. Attribution: the report should state exactly and clearly where the manager went for his long descriptions of the chemicals and the invasive plants. Just cutting and pasting without being specific about the source is not acceptable. The five options are not really alternative options. They are pretty much the same, but without defining the problem on the ground we cannot agree on one or several options. The table listing the municipalities the manager talked to is not clear -- what do the yes and no entries in the third column (Aquatic Use Label) mean? The city "contacted several companies to provide estimates": how did the manager define the problem he wants to solve when talking to these contractors? Is this a weed problem or a massive dredge the muck and silt problem? Is it clearing the trees that have overgrown the canal banks? Of course all of these solutions will be expensive. So how much did the contractors say it would be to take out the invasive plants using each of the four main means of doing this — mechanical, physical, biological and chemical (non -toxic as well as toxic?) And how much did they say it would cost to dredge the silt and muck and clear the palm trees and pepper trees growing in the canal or on the vacant lots along the canal banks? There is no explanation of the cost estimates in the five options. In option one, the costs for contractor spraying is put at $60,000, but the current cost per month is about $1,200. Is the $60,000 an annual cost? How come it is so much more than the $14,400 the city spends now on Applied Aquatics? What is "staff and equipment, all divisions"? Does this mean the city will hire its own workforce -- as they used to have before the 2008 staff cuts -- and use/buy its own mechanical equipment? Do we have an inventory of the city's equipment that we can consider for this work? What staff is currently available on the city payroll to do this work? I will keep coming back to this issue: the manager does not know or does not state precisely what aquatic weeds (and terrestrial weeds) we are dealing with, where are they, how extensive etc. This comes under "defining the problem to be solved." Ecological and human health costs -- these are not factored in to any of the options. This will take work to figure out these costs and though the city manager is not equipped to figure these costs out, somebody needs to make these calculations. "Some of the challenges are the vacant lots along the waterways" : the previous city manager and city engineer got into several discussions with the city council in earlier years, concluding that the city did not have authority to enter these overgrown properties and clear them, or at least cut back from the water's edge. I know because I had raised this issue with the city manager before. Now we have the manager's report saying they can enter properties, after telling the owner to clear the lot and, failing to get a positive response, present the owner with the bill. That is the good news in this report. We do need an open, constructive public discussion of the whole issue, and the sooner the better. We need much better descriptions of the problem/s, the alternative solutions, the pros and cons and the costs -- all costs, human health, ecological and dollar costs included, and how could the city -- with help -- finance the projects. As noted above, can we get federal or state aid for any of this work? Can we get help from the Indian River Lagoon Council to find funding? They do have three grant writers under contract, free of charge to municipalities and NGOs, to write grant applications on the city's behalf. Attorneys aManny Anon Kelley Armitage / David Migut Gary Oldehoff Philip Sherwin Sherry Sutphen Bell & Roper, PA Paul Gougelman Weiss Serota Hellman Cole & Bierman Douglas Wyckoff Dodd I Mauti Gilliams 1 � Hill Parris Attorneys Manny Anon Kelley Armitage David Migut Gary Oldehoff Philip Sherwin 3 Sherry Sutphen Bell & Roper, PA Paul Gougelman Weiss Serota Helfman Cale & Bierman Douglas Wyckoff �Dodd Mauti r Gilliams Hill Parris i 3 � I Dodd . Mauti Gilliams - Hill Parris Attorneys Manny Anon 3 Kelley Armitage David Migut Gary Oldehoff Philip Sherwin Sherry Sutphen Bell & Roper, PA I f Paul Gougelman f} Weiss Serota Hellman Cole &Bierman or Douglas Wyckoff Dodd Mauti Gilliams Hill Parris Attorneys Manny Anon Kelley Armitage David Migut Gary Oldehoff Philip Sherwin Sherry Sutphen Bell & Roper, PA Paul Gougelman Weiss Serota Hellman Cole & Bierman Douglas Wyckoff I Dodd Attorneys /] Manny Anon 5 Kelley Armitage David Migut Gary Oldehoff ✓ S Philip Sherwin 4 Sherry Sutphen Bell & Roper, PA V {S Paul Gougelman Weiss Scrota Hellman Cole & Bierman Douglas Wyckoff Mauti Hill I Parris Dodd I Mauti Gilliams Hill Parri Attorneys Manny Anon Kelley Armitage David Migut Gary Oldehoff Philip Sherwin Sherry Sutphen Bell & Roper, PA Paul Gougelman Weiss Serota Helfman Cole & Bierman Douglas Wyckoff MEMORANDUM TO: Mayor & City Council Members Charter Officers CC: Craig Repel, Attorney FROM: Council Member Damien Gilliam DATE: December 13, 2019 After reviewing the paperwork from Wednesday's Council meeting, for the short list for the City Attorney, I found many mistakes. At this time I am requesting a do -over as soon as possible. Please find attached the tally sheets.