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HomeMy WebLinkAbout01-08-2020 CC Minutesm. SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL PARLIAMENTARY & MEETING PROCEDURES WORKSHOP — 5:00 P.M. BOARD OF ADJUSTMENT MEETING & REGULAR MEETING WEDNESDAY, JANUARY 8, 2020 CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA MINUTES 1. Mayor Dodd called the workshop to order at 5:00. 2. A moment of silence was held and Council Member Gilliams led the Pledge of Allegiance. 3. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Pamela Parris Members Absent Council Member Jim Hill Staff Present City Manager Paul Carlisle City Attorney James Stokes City Clerk Jeanette Williams Public Facilities Director/Airport Director Scoff Baker Community Development Director/CRA Manager Lisa Frazier Community Development Manager Dorri Bosworth Community Development Senior Planner Robert Loring Administrative Services Director/CFO Ken Killgore Asst. Administrative Services Director Cindy Watson Procurement/Contracts Manager Ann -Marie Fraser Leisure Services Director Brian Benton Engineer/Stormwater Director Ken Griffin Golf Pro Greg Gardner Police Chief Michelle Morris Deputy Police Chief Greg Witt 4. CONVENE PARLIAMENTARY & MEETING PROCEDURES WORKSHOP A. Review Roberts Rules of Order Mayor Dodd convened the workshop at 5:03 p.m. to talk about Council procedures. He summarized how the City Council operates off of an agenda with motions to approve or disapprove the agenda items; the option to table items; and the method to vote on an item. He said Council Members could raise a point of order to enforce the rules; a point of information; and a point of privilege to bring the discussion back to themselves. Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Two Andrea Ring asked who rules on the point of order. Mayor Dodd explained the chair rules on the point of order which has to be on something specific and if the requestor or other member disagrees, there can be a vote. A second isn't required for a point of order. B. Review Sunshine Law and Public Communication Practices Mayor Dodd said the Sunshine Law applies to any member of a board, committee, or official except for the state legislators. He advised that no two people can have a conversation about an item that may come before them for a decision; it's very difficult to think of things that may not come before City Council. He also noted members of the public cannot be an intermediary between two members either. The City Attorney advised that K two or more members of one board are going to be present at another board meeting, the meeting needs to be advertised as a joint meeting. Mayor Dodd said it was highly important for members to understand that they give away some of their 1" Amendment Rights to the Sunshine Law. Jeff Kracht, 5700 Marina Drive, asked to speak regarding the Chapter 164 process that the City is currently involved in. Mayor Dodd asked him to return during Public Input. Mayor Dodd said everyone has signed agreements that they would not improperly use the social media outlets. The City Attorney advised that if the members use a social media site and mention the City's business, or list themselves as a Council or board member; it takes the page or websile out of the personal realm and makes it a public page. He also said it is the substance of the communication, not the device that makes something a public record; text messages should be screen shot and turned over to the City Clerk for retention. Mayor Dodd advised Bob Stephen that Council Members should speak to each other at these meetings. C. Review Past Practices Mayor Dodd said they typically follow an agenda and use a primary motion as a single source to pass or fail an item. He said he would try not to amend a primary motion with something that is not pertinent to the item. He said once a motion is made and seconded, they will continue to receive public input. The City Attorney advised that Section 10b (of R-15-10) is interpreted to mean that if the rules are not strictly followed, it doesn't invalidate the action. D. Review Resolution No. R-15-10 — Meeting Procedures Mayor Dodd advised Resolution No. R-15-10 lays out the sequencing of the agenda. He asked the Council Member if they would like to see any revisions at a subsequent meeting. Mayor Dodd read Section 3 related to the chair and noted the five Council Members are vested with equal power based on the Charter. Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January8, 2020 Page Three Bob Stephen asked if the City Manager wasn't doing his job, did he have to wait until the next Council meeting to talk to Council. Mayor Dodd advised him to speak under public input at a Council meeting or call the hotline number to begin a paper trail. It was the consensus of City Council to move up Public Input after the Consent Agenda or Committee Reports through a revision of the resolution. Mayor Dodd reviewed that a Council Member has the power to bring an item to Council and then turn the power to Council who can then act on the item and then give it to the Charter Officers for implementation. Being no further business, Mayor Dodd recessed the workshop at 5:45 p.m. 5. ADJOURN WORKSHOP & CONVENE REGULAR CITY COUNCIL MEETING Mayor Dodd reconvened the Regular City Council Meeting at 6:01 p.m. All Members except Council Member Hill were present. 6. AGENDA MODIFICATIONS Modifications for additions require unanimous vote of City Council members MOTION by Mayor Dodd and SECOND by Council Member Gilliams to add item #13a requesting to lift the spraying moratorium in order to spray the ballfields. Council Member Gilliams said he would not vote for the additional item and requested the information be placed on the next agenda so they would have time to review the material. No further action was taken. 7. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS Presentations of prodamations, cerli6cates and awards, and brief timely announcements by Council and Staff. No public input w action under this heading. Brief Announcements January 11— Craft Club Show in the Park — 10 am to 3 pm January 18 to 19 — Sebastian River Fine Art and Music Festival In Riverview Park January 16 to 19 — Fellsmere Frog Leg Festival in Sister City Fellsmere Mayor Dodd announced the upcoming events and the City Manager added the Indian River County Executive Roundtable Committee would be holding their 5K Run Saturday at the Fellsmere Preserve which will support the underserved youth of Indian River County. 8. ADJOURN CITY COUNCIL MEETING AND CONVENE BOARD OF ADJUSTMENT MEETING Chairman Dodd adjourned the Regular City Council meeting and convened the Board of Adjustment meeting at 6:11 p.m. A. MOTION by Chairman Dodd and SECOND by Mr. Gilliams to approve the May 8, 2019 Board of Adjustment Minutes passed with a unanimous vote of 4-0. Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Four B. Quasi -Judicial Public Hearina I. FRED AND GLORIA CLIFFORD REQUESTING A VARIANCE FROM SECTION 54-2-5.2.2(d)(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE IN REGARDS TO LOT 45, SAN SEBASTIAN SPRINGS SUBDIVISION REPLAT, LOCATED AT 616 CROSS CREEK DRIVE. THE VARIANCE IS FOR AN EXISTING POOL SCREEN ENCLOSURE TO BE AT MAXIMUM 1.3 FEET FROM THE SIDE PROPERTY LINE OF A CORNER LOT, AND ENCROACH INTO A 5 FOOT UTILITY EASEMENT, WHERE THE REGULATIONS FOR THE RS-20 ZONING DISTRICT REQUIRES THAT STRUCTURES MAINTAIN A MINIMUM SETBACK OF 15 FEET FROM THE SIDE PROPERTY LINE. (Transmittal, Staff Report, Criteria, Exhibits, Application, Aerial, Notice) Chairman Dodd opened the public hearing and the City Attorney read Mr. and Mrs. Clifford's request. There were no ex-parte communications to disclose by the Council Members. The City Clerk swore in everyone that was to provide testimony. Mr. Clifford explained that they purchased house in December 2017 and a year later found out the 1998 pool enclosure was installed utilizing an old survey with a ten foot setback however today's code requires a fifteen foot setback. The Community Development Manager said the 1998 pool enclosure permit was issued in good faith, but now that Mr. Clifford would like to sell his house, there may be a title insurance issue because of the encroachment into the setback and the utility easement. She said based on the Land Development Code definition, this was a considered a side yard encroachment requiring it to be 15 feet from the property line; they advised Mr. Clifford that he would need to see if the encroachment was okay with FPL and the homeowners association (HOA). She said the backup included approval from both parties. She said staff did feel that the request met all of the criteria outlined on pages 19-21 of the agenda packet. She said if the enclosure was redesigned, it would have to meet the 15 feel setback and staff recommended approval. Mr. Gilliams stated the FPL letter cited the wrong lot number. The Community Development Manager gave him a copy of a letter with the corrected lot number and he noted the date should have been yesterday or today. The Community Development Manager noted the FPL letter was received within an hour of requesting the lot correction; the legal notice was published in the newspaper as well as 28 property owners were notified within 300 feet. She was also in receipt of approval submitted by the HOA's attorney. The City Attorney said the applicant has the responsibility to provide the information, Council could certainly request additional information, but at some point staff has to determine there is enough information provided. Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Five Council Member Gilliams said staff should have checked the date of the FPL letter and the validity of the homeowner's document indicating the (HOA) board's consent. Ted Godfrey said the Cliffords are not responsible for the previous owner's violation nor should they be expected to bear any hardship to rectify the situation. He supported the request for a variance. (See statement attached) There was no one to speak in opposition. MOTION by Vice Chairman Mauti and SECOND by Ms. Parris to approve the variance. Roll call: Vice Chairman Mauit—aye Mr. Gilliams—aye Ms. Parris — aye Mr. Hill — absent Chairman Dodd — aye Motion carried 4-0. 9. ADJOURN BOARD OF ADJUSTMENT MEETING AND RECONVENE REGULAR CITY COUNCIL MEETING Mayor Dodd reconvened the City Council meeting at 6:36 p.m. All members were present except for Council Member Hill. 10. CONSENTAGENDA 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. I/ a member o/ 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 — November 26, 2019 Special Council Meeting B. Approval of Minutes - December 11, 2019 Regular City Council Meeting 20,001 C. Approve Municipal Election Agreement between the Indian River County Supervisor of Elections and City of Sebastian for Calendar Year 2020 (Transmittal, Agreement) 20.002 D. Approve the Fiscal Year 2020/2021 Budget and Capital Improvement Program Calendar (Transmittal, Calendar) 19.063/20.003 E. Award Agreement to Guardian Community Resource Management, Inc. (RFP #19- 12) for CDBG Administration Services in the Approximate Yearly Expense of $20,000424,000 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Scoresheet, References, Response, Agreement) 20.004 F. Approve the Piggyback to Florida Sheriffs Association Contract #FSA18-VEH16.0 Cab & Chassis Trucks and Heavy Equipment to Replace a Caterpillar (CAT) 311F Excavator with Attachments for the Public Works Department in the Amount of $182,793.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quote, Notice of Intent, Contract Info, Comparative Quotes) Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Six 20.005 G. Approve Road Closures for the Sebastian Police Department's Movie Night Out on February 21", 2020 and the Sebastian Easter Egg Hunt on April 11' . 2020 (Transmittal, Map) 20.006 H. Approve Alcoholic Beverages for Miller Family Event at Community Center on 1/10/20 from 5:00 p.m. to 11:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 20.007 1. Approve Alcoholic Beverages for Radebach Family Event at Yacht Club on 211/20 from 12:00 p.m. to 5:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) MOTION by Council Member Gilliams and SECOND by Council Member Parris to approve consent agenda items A-t. Roll call: Council Member Gilliams — aye Council Member Hill — absent Council Member Parris — aye Mayor Dodd — aye Vice Mayor Mauti — aye Motion carried 4-0. 11. CyMMITTEE REPORTS & APPgINTMENJS City committee reports and Counci MMem66erregional/committee reports. No public input or action except for City committee member nominations and appointments under this heading. 20.008 A. Citizens Budget Review Advisory Board t. Council Member Gilliams Announces His Appointee ii. Council Member Paris Announces Her Appointee Council Member Paris announced her appointment is Ralph E. Holmes. Council Member Gilliams announced his appointment is Gilbert Lewin. 20.009 B. Construction Board (Transmittal, Application, Ad, List) I. Interview, Unless Waived, Submit Nominations for One Unexpired, Regular Member Position — Term to Expire 9/30121 Mayor Dodd and Council Member Gilliams appointed Richard Witcher for the regular member position with a term to expire September 30, 2021 with a unanimous voice vote. Mayor Dodd reported at the Treasure Coast Council of Local Government meeting earlier in the day, there was an interesting presentation given on the importance of the upcoming Census. He asked everyone to think about the 2020 Census. 12. PUBLIC HEARINGS 19.155 A. Reconsider Revisions Made to Ordinance No. 0-19-07 and Hold Public Hearino Recardina Recvclable Materials (Transmittal. Application. Zomna Mao) Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Seven 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 XXII — 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 12/1/19) MOTION by Mayor Dodd and SECOND by Council Member Gilliams to remove Ordinance 0-19-07 from the table passed with a unanimous voice vote. The City Attorney read the title to Ordinance No. 0-19-07 and Mayor Dodd opened the public hearing at 6:42 p.m. The City Manager stated the ordinance was tabled to address the subjective language of the tern adequate and tie in section 4 with 5, 6 and 7 regarding the buffer and 48 hour storage. Rebecca Grohall, representing Shannon Cook, asked for consideration of allowing 96 hours versus 48 for outside storage; allowing cars to be part of the recycling business; and to strike the words or greater on page 169, which seem as ambivalent as the tern adequate. The City Manager explained this code change addresses all industrial lands of the City not a specific site; intended to remove products that have resale value the next day prompting the 48 hour time frame. He said staff writes ordinances based on conversations with the applicant and tried to accommodate as many items as possible because it is good to recycle but staff did not want to see cars stacked up but would do as directed by Council. The Community Development Director stated the ordinance hasn't been changed since it went before the Planning & Zoning Board in October, then to Council in November and December; and now staff is being asked to completely modify it. She asked Council to consider junkyards are prohibited in the City of Sebastian and if cars are allowed, they will be allowing junkyards to occur requiring a modification to the Comprehensive Plan. She also noted the buffer requirement was clearly identified in the revised language. Council Member Gilliams stated he was concerned with changing the definition of junk and increasing the storage time to 96 hours. He began a MOTION to a pass the ordinance as presented. Shannon Cook, Red Warrior Holding Corp., said included in the definition of a junkyard or salvage yard, an individual can buy something off the yard which is not going to be the case with his recycling facility; recycling materials are defined by what the item is made of. He explained that when he receives an automobile, it cannot go back on the road, it is considered metal, it will be loaded onto a closed truck with other metals (washer, dryers) and the car increases the value of his load. Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Eight He asked Council to keep in mind these cars are on the side of people's houses now or in fields. He requested the 96 hour storage period in case his hydraulic excavator would need repaired. He offered to put the vehicles behind something. He asked to operate a recycling facility without restrictions on what type material he will recycle. Ben Hocker said the cars are going to be crushed and six cars will go into his truck loads; he asked what the County allows. Aaron Bowles, MBV Engineering, said the minor modifications they are requesting were not excessive; the 96 hour was to cover an item dropped off Friday and picked up Monday. He said if automobiles were not included, Mr. Cook would like to postpone the hearing. The City Manager stated RVs, trailers, and boats were also excluded, and asked Council to remember this would change the entire industrial areas within the City; if vehicles were to be allowed, the Comprehensive Plan would have to be revised. He also said automobiles were not requested until the end of their application conversation. Mayor Dodd closed the public hearing. The Community Development Director said there has always been a copy of the applicant's application in meeting backup which does not include anything about automobiles. Council Member Gilliams asked for a point of order to allow Mr. Cook to make an additional comment. Mr. Cook explained his application timeline and noted he always planned to recycle cars. The Community Development Director said the Comprehensive Plan specifically states junkyards are prohibited in the industrial zoning area and there has been continuous conversation requesting clarification as to what exactly his plans would be for the property which the City did not find out until his site plan application for a salvage yard. MOTION by Council Member Gilliams and SECOND by Council Member Parris for discussion. Council Member Parris asked that automobiles be recycled. AMENDED MOTION by Council Member Parris and SECOND by Mayor Dodd to allow the recycling of automobiles. The City Attorney advised they did not have the authority to pass an ordinance inconsistent with the comprehensive plan; they should pursue a motion to amend the plan first. Roll call on the amendment: Council Member Parris — aye Mayor Dodd — nay Vice Mayor Mauti — aye Council Member Gilliams — nay Council Member Hill — absent Motion failed 2-2. AMENDMENT by Mayor Dodd and SECOND by Council Member Gilliams to remove the words "or greater' in section 7 on page 169. Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Nine Roll call: Mayor Dodd — aye Vice Mayor Mauti — aye Council Member Gilliams — aye Council Member Hill — absent Council Member Parris — aye Motion carried 4-0. MOTION by Council Member Gilliams and SECOND by Council Member Parris to approve Ordinance 0-19-07 as submitted with the amendment of removing the words, .or greater." Roll call: Council Member Hill —absent Council Member Parris — aye Mayor Dodd — aye Vice Mayor Mauti — aye Council Member Gilliams - aye Motion carried 4-0. 13. UNFINISHED BUSINESS 7:37 pm 19.158/20.010 A. Consider Liftinc the Moratorium of Herbicide Soravinc to Allow the Testinc of an Oroanic Herbicide (Transmittal) Mayor Dodd advised this item was only to allow the City Manager to test Whack Out Weeds (WOW) in an aquatic arena. MOTION from Mayor Dodd and Council Member Parris to exempt the City Manager from the spraying moratorium to test the WOW or other herbicide products. The City Manager said he planned to test plots with different vegetation types. Vice Mayor Mauti asked that signs be posted if plots are in a public area. Bob Stephen asked how this could be requested prior to the herbicide workshops noting that members of the public have decided that the City wasn't capable of doing a responsible job for the spraying. Mayor Dodd asked him to refrain from criticizing staff. Council Member Gilliams called for a point of order noting Mr. Stephen has a right to speak. The City Attomey advised that the Mayor as the chair of the meeting has the right to request that staff not be defamed or discredited. Mayor Dodd asked Mr. Stephen to limit his comments to the subject at hand. Mr. Stephen asked what is going to be sprayed and when. Diana Bolton, George Street, said it was wonderful to be cautious with the test plots. She asked that a survey of the underwater life be taken noting some of the plants and algae eaters are needed. Andrea Ring, Quarry Lane, asked what areas the City Manager planned to try Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Ten The City Manager said he would like to try to treat the cattails and spatterdocks at Garden Street Park (50 by 50 square feet), milfoil at Hardee Park (20 or 30 feet), and he was still looking for an area with water hyacinth and water lilies. He noted staff is certified to spray and the MDS sheet indicates there are no known effects to aquatic life. Council Gilliams requested that the spraying be monitored by a community scientist and asked to recognize the Natural Resources Board Chairman, Charles Stadelman who was sitting in the audience. Mayor Dodd denied his request noting the Board was not charged with the assignment. Council Member Gilliams asked to appeal. Roll call of the appeal: Council Member Gilliams- aye Council Member Hill - absent Council Member Parris - aye Mayor Dodd - nay Vice Mayor Mauti - aye Motion carried 3-1. Charles Stadelman stated he was not representing Board; however, he recommended lifting the moratorium to test the herbicide. Before approaching the Board to provide input, Mr. Stadelman requested receipt of for baseline information that will be forthcoming from the City Manager during the upcoming workshops. AMENDMENT by Council Member Gilliams and SECOND by Vice Mayor Mauti to lift the moratorium to allow the City Manager to test two spots of 20 to 50 feet location at Garden Park; a 50 to 50 feet location at Hardee Park; a 50 to 50 feet location at the Elkcam waterway (Concha) and one additional (50 to 50 feet) high water area to be determined by the City Manager with someone from the environmental community to observe the spraying and identify the invasive/non-evasive plants. (note: Mr. Gilliams removed the fish survey request at 8:04 pm) Roll call on the amendment: Council Member Hill- absent Council Member Parris -aye Mayor Dodd - nay Vice Mayor Mauti - aye Council Member Gilliams -aye Motion carried 3-1. Roll call of main motion: Vice Mayor Mauti - aye Council Member Gilliams - aye Council Member Hill - absent Council Member Parris - aye Mayor Dodd - aye Motion carried 4-0. 19.124/20.011 B. City Attome Recruitment- Confirm the Rankin+ of Attornevs to be Interviewed (Transmittalilliams Letter, Mauti Letter, Score Sheets) Mayor Dodd stated that Council Member Gilliams found some errors in the ranking sheets and as a result there was a change in the number forth rank so the four applicants are Anon, Migut, Oldehoff and the firm, Weiss, Serota, Heitman, Cole, and Bierman. MOTION by Council Member Gilliams and SECOND by Council Member Parris to proceed with a clean ballot and put it out to the public. 10 Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Eleven Roll call: Council Member Parris — aye Mayor Dodd — nay Vice Mayor Mauti — aye Council Member Gilliams — aye Council Member Hill — absent Motion carried 3-1. Mayor Dodd said he would ask the City Attomey to bring the process forward at the next meeting. He did not want to vote at this meeting because one Council Member was absent. The City Attorney advised this was put on the agenda to confirm or not confirm the prior ranking; the motion supported the ranking was to be redone as a new agenda item on a future agenda. Council Member Gilliams stated that he requested a re -vote. The City Attorney advised they cannot transact business that is not on the agenda. The City Manager stated his transmittal was for a clarification of the vote. Council Member Gilliams asked Council to re -vote and use Council Member Hill's ranking from the last time. Mayor Dodd noted his request for a re -vote passed and would happen at the next meeting. Mayor Dodd recessed the meeting at 8:20 p.m. and reconvened the meeting at 8:25 p.m. Mayor Dodd said the City Attorney advised the agenda item was to determine if errors were there and it was determined that they were, and there would be a re -vote. Council Member Gilliams asked for a point of order to hold a re -vote tonight. Mayor Dodd ruled that the meeting should proceed to Item 15A. The City Attorney advised the Mayor chairs the meeting and establishes the order of the meeting. Mayor Dodd stated he has established the order. The City Manager read his agenda summary on page 180 which suggested that Council may consider Weiss, Serota, Heitman, Cole, and Bierman as the fourth applicant. Because the item was closed out, MOTION by Council Member Parris and SECOND by Council Member Gilliams to recall the motion to have a re -vote. Roll call: Mayor Dodd did not want to have a re -vote Vice Mayor Mauti wanted to have a re -vote Council Member Gilliams wanted to have a re -vote Council Member Parris did not want to have a re -vote Council Member Hill was absent Motion failed 2-2. The City Attorney stated the motion was to bring this item back to the table to entertain a new motion. Council Members Gilliams and Parris withdrew their motion and second. Mayor Dodd stated the conversation started with their interviewing Manny Anon, David Migut, Gary Oldehoff, and Paul Gougelman with the firm of Weiss, Serota, Helfman, Cole, and Bierman. It was the consensus of Council to have the City Clerk set up interviews with those four attorneys before the next meeting. Il Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Twelve 14. PUBLIC INPUT Charles Stadelman, Natural Resources Board, said the Board appreciates Council's support of Sustainable Sebastian. He cited some of the Board's upcoming activities. Tracey Cole, Thomas Street, asked that the administrative hearing to consider the removal of Robert Bedea from the Natural Resources Board be reconsidered so that the public and police officer have an opportunity to provide input. Ms. Cole also asked how Council Member Gilliams could put off paying his business property taxes and make a good City budget. She also asked that council members have the integrity to admit when they are wrong. Jeff Kracht, 5700 Marina Drive, retired NYC detective, said he left NYC because it was deteriorating at a rapid rate. He said the officer was denied due process in the decision to keep Robert Bedea on the Natural Resources Board. He felt compelled to stand up for the officer tonight. Joe Scozzari, 1401 Thornhill Lane, spoke regarding the City's police force. Ben Hocker, Sebastian, said in New York, he deferred his business taxes for two years to use the money; it is a common business practice. Graham Cox, 1215 George Street, offered to help with Item 13A. Mayor Dodd asked him to contact the City Manager. Council Member Gilliams called for a point of order. Mayor Dodd said his offer to help was accepted. The City Attorney advised they needed to take a vote. Mayor Dodd denied Council Member Gilliams' request to hear more commentary from Mr. Cox. Roll call: Council Member Gilliams — aye Council Member Hill — absent Council Member Parris —aye Mayor Dodd — nay Vice Mayor Mauti - aye Motion carried 3-1 to allow Mr. Cox to proceed. Mr. Cox volunteered to find a botanist to identify the vegetation at the test spray sites. Christine Vicars, George Street, said the members ignoring the rules discussed at the beginning of the evening are putting the City at risk and said it has to stop. 15. NEW BUSINESS 19.024/20.012 A. Award Agreement to AmPro. Inc. (ITB #19-131 for the Purchase and Installation of Token Machine Operated Pickleball Court Liahtino in the Amount of $104.070.00 and Authorize the Citv MaineQer to Execute the Appropriate Documents (Transmittal. Bid Tab. References. Resoonse. Acreement) The City Manager asked Council to consider this low bid by AmPro, Inc. 12 Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Thirteen MOTION by Council Member Gilliams and SECOND by Council Member Parris to approve an agreement with AmPro, Inc. to purchase and install lighting at the pickleball courts. It was noted the $5.00 token for an hour and fifteen minutes of light would be purchased at the Golf Course. Roll call: Council Member Parris — aye Mayor Dodd — aye Vice Mayor Mauti — aye Council Member Gilliams — aye Council Member Hill — absent Motion carried 4-0. 19.109 B. Aoorove Budpidet Adiustment and Work Services Apreement with Eau Galls Electric. Inc. `RFQ #19-05) for the Desicn Build and Purchase of an Ememencv Generator for City Hall in the Total Amount of $148.129.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal. Council Aoorova. Quotes. Agreement) The City Manager stated this would allow City Hall to be functional all by itself in the case of an emergency. MOTION by Council Member Gilliams and SECOND by Council Member Parris to approve the purchase of the emergency generator for City Hall. Roll call: Council Member Parris — aye Vice Mayor Mauti — aye Council Member Hill — absent Motion carried 4-0. 16. CITY ATTORNEY MATTERS - None 17. CITY MANAGER MATTERS - None 18. CITY CLERK MATTERS - None 19. CITY COUNCIL MATTERS A. Council Member Hill — absent Mayor Dodd — aye Council Member Gilliams — aye B. Council Member Parris thanked the City Manager for his efforts with the herbicide substitution noting she has budgetary concerns. She suggested the City Manager may wish to consider other vendors. C. Vice Mayor Mauti - None 13 Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Fourteen D. Council Member Gilliams apologized to the City Manager and City Attorney for the previous. He noted the County is no longer using glyphosate. He asked that the following be added to an upcoming agenda: -an update on the plan for the Harbor Lights Hotel location -uncompleted projects in the CRA district for example the observation deck, Archie Smith Fish House --The City Manager advised that notices have been sent out that the City would be reviewing site plans. -have students act as legislative affairs interns for our community —it was the consensus or Council to direct the City Manager to have Human Resources work up a program -he requested a Citizens Academy to have citizens volunteer at City Hall — Mayor Dodd said he would like to see a proposal first -he requested grant writers and a lobbyist to receive funds to replace the seawalls — Mayor Dodd asked that the strategic plan be completed first The City Manager advised that he would be requesting their budget goals and objectives in an upcoming meeting; noting a grant administrator is what the City needs Council Member Gilliams noted a parking sign near the Chamber of Commerce still needed to be changed so the public is aware the spaces are public spots. It was the consensus of Council to change the sign. Council Member Gilliams said in regard to the removal of Robert Bedea from the Natural Resources Board, he felt the judicial system took care of the allegations made. He also stated his taxes are paid every year through a system which is available to everybody. He invited the public to call his City cell phone (772) 584-0602 or contact him at dgilliams@cityofsebastian.org. E. Mayor Dodd invited the public to the two upcoming herbicide and pesticide spraying workshops to come up with solutions and costs. Mayor Dodd asked the City Attorney to review the potential Sunshine violation at the Natural Resources Board meeting held the night before. Council Member Gilliams asked him to also include the casting of the attorney rankings. 20. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 9:26 p.m. Approved at the February 12, 2020 Regular City Council meeting. Mayor E d - - ATTEST. anehe Williams, MMC - City Clerk - 14 A Florida Power & Light Company, 3301 Orange Ave, Fort Pierce, FL 34947 FPL July 29, 2019 Fred Clifford 616 Cross Creek Dr, Sebastian, FI 32958 Re: Platted Easement Encroachment San Sebastian Springs, Lot 45 Thank you for contacting FPL about the encroachment of the 5ft easement on the south parameter of lot 45 San Sebastian Springs, PB11, PG 92 in the platted utility easement of the referenced location. FPL has facilities on this easement but has no objection to this existing encroachment and will not require its removal, however FPL does not agree to the future encroachment of any other structures into the easement. If I can be of any further assistance, please contact me at (772) 489-6204. Sincerely Armlight Marna Project Manager A NEXTera ENERGY Company Warrior Scrap Metals 772-539-3073 Warriorbines®att.rret 12/31/19 Dear City of Sebastian and Council, We are writing this letter to ask for this subject of the new definition ofrecycling be held to the next meeting for the reasons that we are attempting to ensure the written description is useable for all parties — in doing so, reassuring that business activities that are not allowed do not happen in the city of Sebastian. We would like to make this happen without the expense and without the headache to the city having to govern this industry. By simply implementing rules in the conditional use. In our extensive review of all articles and written language, we have found a few things we believe could be adjusted to work better for all parties. We are attempting to describe what is recyclable with item descriptions, which are very difficult in today's world, where ahnwt everything is recyclable. What we are suggesting is to categorize recycling as the type of product, for instance, metal, plastic, cardboard, etc. not having to describe items just what there made out of. For example, a metal recycler would be able to recycle metal. A plastic recyclerwould be able to recycle plastic all as a conditional use and approvals. The current way that we are describing recyclables are by the item instead of the material. Ultimately this proposes a huge challenge as there me millions of items, but only a few different kinds of materials are recyclable. Therefore it will be much easier to categorize by what the item is made of rather then what its made into. In the end process, it is all the same. We understand the concern in Sebastian by staff and council is that they do not want ajunkyard or similar business. We are not in any way the same; the recycling world is a completely different world. We would like to explain the differences and write a new definition ofrecycilng to work easier for all, so there is no or very little governing required. We would like to propose more rules in the conditional use, not less instead of governing what we would recycle as a recycler, once we receive permission to be a speck recycler for in our case, metal. We want to recycle all types of metal only. Each material should have its own conditional approval to ensure the city doesn't end up with something they do not want. The additional rules will include that there are no on -site sales. For example, it would mean me as a metal recycler would only be allowed to purchase metal on -site, not sale; this will prevent the definition of ajunkyard. With the additional time frame of material sitting before shipment reassures, you can not have ajunkyard or sitting materials. We would like the extra time on this matter to bring these ideas into our definition, which would be friendly to the city and recyclers. By definition of a junkyard is to sell or reuse pans, which is why materials sit so they can sell additional parts and items to make money by sales. If this was prohibited, an extra written role in our definition would, in every way, preventjunkyards. The turnaround time for materials on the ground at this point is proposed at 48 hours. We would like this to be extended to 96 hours due to uncontrollable circumstances we feel this will be more realistic. I was asked to write this letter to explain ideas through an experienced recycler to ensure it works forall. We understand what the city does not want, so through mcremles, not less, we believe that we can make the city assured they will not end up with a junkyard orrelamd business in a much simpler way. 1 understand it must work for all. If there are concerns about the visibility of the materials, include in the definition so that they cannot be seen. We would like to get together to make this right We are asking you to please table this matter to the next meeting to gives us time to perfect what will be a very green and positive future move for our city. Thank you for your consideration and time on this matter. We have been working for a long time on this and are looking forward to completion in the very best way it could be. Thank you & Happy New Year! Sincerely, Warrior Scrap Metals ma HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: January 8", 2020 AGENDA ITEM TITLE: Request to Lift the Moratorium on Spraying of Herbicides and Pesticides at City Athletic Fields and surrounding Common Areas RECOMMENDATION: Staff Recommends lifting the moratorium on the spraying of herbicides and pesticides on City athletic fields and surrounding common areas in order to ensure the safety of athletic league participants. BACKGROUND: The City Council issued a moratorium on the spraying of all herbicides and pesticides in all City parks for 120 days beginning on November 20a', 2019. We are currently beginning to experience issues with fire ants, sod webworms, and mole crickets at our athletic fields. The upcoming youth athletic leagues are getting organized and would begin practices in late January / early February. In order to ensure safe playing facilities, City staff needs to begin treatments for these problems as soon as possible. While in the approximately 6 weeks since the moratorium we have been able to closely monitor the fields and have currently began to have concerns with the pests, weeds, and also fungus that have now appeared. 1F AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: N/A Administrative Services Department/CFO Review: ATTACHMENTS: 1) Memo City Mana er Authorization: Date: 117 /a 0,10 166- AN) HOME OF PELICAN ISLAND Leisure Services Department 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 OFFICE TELEPHONE (772) 228-7057 To: Paul E. Carlisle, City Manager From: Brian Benton, Leisure Services Director Date: January 6, 2020 Subject: City Athletic Field and Common Area Spraying City staff has spent the last 6 weeks closely monitoring our athletic fields and surrounding common areas since the November 20" spraying moratorium was put into place. The athletic fields at Barber Street are beginning to experience issues with sod webworms, mole crickets, and some fire ants. These pests are beginning to cause damage to the field level and root system. If these conditions are allowed to continue with no treatment there is the potential of field safety concerns for the upcoming youth athletic leagues due to the uneven turf, bare spots, holes in the fields, and fire ant hills. As stated by the STMA (Sports Turf Managers Association) "A facility may be liable for injury if it can be proven that the typical/normal standard of care was violated." The responsibility of an athletic facility is to provide a safe, playable area for all athletes. The athletic field at Friendship Park has begun to see an increase in usage by the local soccer organization; however there are now fire ant hills spread across the field making the field unsafe for usage. We are currently seeing an increase in the number of field usage requests due to the greatly improved condition of the athletic fields at Barber Street over the last 12 months. This is a direct result of the hard work of our 2 staff members assigned to this facility, whom are both Licensed certified applicators. Staff has attended OF/IFAS Green Industries Best Management Practices training as well. City staff requests permission to begin the following applications that are necessary at this time: • Spray a mixture of Speedzone, Mansion and Crosscheck on the football fields • Spray the Baseball/Softball fields with Mansion and Crosscheck • Spray the common areas with Speedzone • Spray the fence lines and sidewalks with WOW • Spray fungicide at Barber Street athletic fields • Apply TopChoice or Advion to Friendship Park athletic field • Apply an application of TopChoice to Barber Street in late February, early March All applications are done according to the label and when conditions are best. City staff assesses the field conditions on a daily basis and this determines what needs to be applied in the future. These are the applications that need to be done currently based on what is happening with the turf. We will be conducting soil sample testing in the coming weeks to determine the current soil conditions on the fields. The Leisure Services Department's goal is to provide the athletic participants the safest, playable athletic facility possible. EcoWGHT° Date: 2019 INFOCEcoMIGHTcom https9/ecomight.C=/ 786.667.4100 SAFE REPLACEMENT FOR GLYPHOSATE AVAILABLE EFFECTIVE, ECONOMICALLY VIABLE, AND NATURALLY ORGANIC PRODUCT REDUCES LIABILITY FOR DOT, PROTECTS ENVIRONMENT, AND SAFEGUARDS HUMAN HEALTH GROWING PROBLEM • Gyyphosate, introduced in 1974, is by far the most widely used herbicide in the world. • The United States operates nearly 140,000 miles of railroad tracks, more than 100,000 bridges, and almost 47,000 miles of interstate alone, all of which are regularly treated for weed control and most likely with a glyphosate-based product. • Thousands of people are filing lawsuits against Bayer, the current manufacturer of Roundup, and it's only a matter of time before those who are using glyphosate-based products are also targeted to be at fault. • Both federal and state Department of Transportations are at significant risk if they choose to continue spraying glyphosate-based products. The cost of a single employee who claims to have gotten ill due to spraying toxic chemicals can cost hundreds of thousands of dollars in lawsuits, medical payments, and negative publicity. PROBLEMS WITH ORGANIC SOLUTIONS TO DATE • Organic alternatives to glyphosate are often ineffective. Many are contact herbicides, which means they only kill the portions of the plant they touch. If the roots are not destroyed, the weed will re-emerge quickly. • Products that are labeled "organic" or "natural" do not mean they are non -toxic Many natural and organic substances can be just as harmful to humans, animals, and aquatic life. • Instead, organizations, should be seeking herbicides that are labeled "minimum risk exempt". This US EPA designation specifies products that contain only active and inert ingredients found on a stringent list of about SO non -toxic, natural substances. • The EPA has determinated that certain "minimum risk pesticides" pose little to no risk to human health or the environment. • Organic products are often so expensive that organizations cannot afford to use them on a long-term basis for ongoing weed control. EcoMI GHT" https-.//ecom ight.com/ EMBRACING A SAFE ALTERNATIVE Date: 2019 INFOCEcoMIGHt.com 7866674100 • Most government officials as well as the general public see the need for environmental stewardship and embracing sustainable solutions fora better world. • It's understandable that governments, corporations, and others cannot abandon glyphosate without a reaso- nable alternative: however, one is now available. • W.O.W. is a naturally organic, non -selective herbicide that successfully controls weed growth at an affordable price. Since it is a systemic herbicide, W.O.W. kills weeds at the roots, leaving treated areas clear for longer periods of time. • Organizations that embrace a viable, effective, and safe alternative before glyphosate is officially banned will enhance their image as a good steward of the environment. Positive publicity will likely follow as glyphosate continues to be covered heavily in the media. " It absolutely smoked everything I sprayed it on" - Bradley Jacklin, golf course turf expert " I obtained a free sample of W.O.W. and used it with high hopes and low expectations. I was shocked to find that it worked very well. All ingredients are exempt from U.S EPA regulation, which means no application flags or record -keeping is required." - John Berryhill, Landscape Curator, Botanic Garden of Smith College It think I've seen every new product and "snake oil" over the past 30 years in the golf industry. In order for me to use a product it must be the best on the market. EcoMIGHTS' W.O.W. works as good or better than any other weed killer I've ever seen. Extremely effective. It's is a game changer." - Shannon Easter, superintendent of Broken Sound Club and recipient of the Environmental Leaders in Golf Award W.O.W. (Whack Out Weeds!) Our inert ingredients are all exempt from Federal regulation under the Minimum Risk Exemption regulations in 40 CFR 152.25(f). These ingredients make EcoMIGHT the safest pest and weed control products not only for the recipients of the sprays but the applicator as well! *When used as directed Liquid CMICENMTE Visit us at EcoMIGHTcom to find out more about Non -Selective € c o M �G H T Herbicide C EM&A Directions: Shake well before mixing. Add 6-8 ounces of formula per 1 gallon of water and shake well again. Use 8-16 oz. to 1 gallon of water if there is a heavy weed presence in treated area. Spray directly on unwanted foliage Reapply as necessary. 1 gallon covers 1000-1500sq.feet itepending on density of the weeds being treated in area. Do not store in direct sunlight or below 400 Caution: Wear safety glasses, dust mask and gloves. Avoid frequent or prolonged contact with skin. In case of contact with eyes, flush with water for at least 15 minutes If swallowed, call a physician immediately. KEEP OUT OF REACH OF CHILDREN Notice: Seller makes no warranty, expressed or Implied, nor accepts any responsibility for any direct or consequential damages beyond purchase price, because seller cannot control user's handling, end use, or effect of use. I II78139II II 0003 0 78898 50803 2 Florida Department of Agriculture and Consumer Services 0 Bureau of Pesticides, Pesticide Registration Section Telephone (850) 617-7940 NICOLE "NIKKI" FRIED FAX (850) 617-7949 COMMISSIONER APRIL 05, 2019 ECOMIGHT, LLC. FAID: 0050285001 6538 COLLINS AVE. CO ID: E0285001 SUITE 403 MIAMI BEACH, FL 33141 UNITED STATES THIS IS CONFIRMATION THAT THE FOLLOWING I PRODUCT BRANDS) HAVE BEEN REGISTERED BY FLORIDA. NOTE: ALL PERMITS AND REGISTRATIONS EXPIRE ON DECEMBER 31 SI OF THE EVEN REGISTRATION YEAR AND MUST BE RENEWED FOR THE NEXT REGISTRATION PERIOD BY PAYMENT OF THE APPLICABLE FEES AS REQUIRED UNDER CHAPTER 487. FLORI DA STATUTES. FIFRA SECTION 18 EMERGENCY EXEMPTION PETITIONS ARE NOT SUBJECT T'O STATE REGISTRATION FEES, BUT ARE LISTED WITH OTHER PRODUCT BRANDS IN TIIE SYSTEM FOR AUDITING PURPOSES. EFFECTIVE EXPIRATION PRODUCT BRAND NAME FLH-PA REG NO DATE. DATE W.O.W.(WHACK OUT WEEDSD EXEMPT 04/05/2019 12/31/2020 SAFETY DATA SHEET — 16 Sections SECTION 1 — CHEMICAL PRODUCT AND COMPANY IDENTIFICATION Pmdaci ldenaee,. W.O.W. (Whacked Out Weeds) [WHMIS Gamirczdonl n/a I Produduse Nonselective Herbicide Manutannens Nama ECOMIGHT LLC Supplier's Name BSO/Oprganic sveel Addmss6538 Collins Ave. Suite 403 street Address 595 Regal Blvd. cy Miami Beach I Memphis "nCB Tn. Postal Code 33141 E" 'ky denhone postal Cade 38118 Emetgenq .lemon 786-340-1494 Date Msos Prepared 01/05/2019 Msos Prepared By Michael Briansky Pnooe NJ er 786-667-4100 SECTION 2—COMPOSITION/INFORMATION ON INGREDIENTS Peppermint oil - active ingred 4.5% 8006-90-4 40 CFR 152.25(0 list Potassium sorbate- active 3.5% 24634-61-5 Sodium Chloride active 3.5% 7647-14-5 Water / soap- inert Potassium benzoate inert 582-25-2 SECTION 3 — HAZARDS IDENTIFICAl. `ION skin : Osa,comay SknAteorytbn n( EyeCamatl Ox kneamn Ox ingesmn iteyes : contact with eyes will cause irritation and pain In : inhaling xapprs or prpfluct mat cause upper respiratory tract irritation Itingestion : may cause trn a ion o digestive tract, may cause stomach pains I I I SECTION 4 — FIRST AID MEASURES Skin Confab -NIA Eye Contact - Flush eyes for 15 minutes with eyelids open. If still irritated seek medical attention. Ingestion - Drink two glasses of water. Do not induce vomiting, seek medical attention. iohantion- Remove the person for affected area to an area of fresh air. If symptoms persist seek medical attention. SECTION 5 — FIRE FIGHTING MEASURES Flammable If M. under Wucn mnddlonav Closed containers can explode due to buidup of pressure when stored or exposed to extreme heat. swansorE ncdon carbon dioxide. water. water og, dry chemical, chemicalfoam Fash,ml Upper Flammade limn (%by vdume)We r rFbmmaWe Limit l%by Mume)We None Auloignibun Temceraare ('C) not determined Enploeion Male— Sensidvity to lmped Na bipersion Data— serdwity to state MisUlerye We HemMous Combustion Pmducts n/a his is an non-flammable solution (SECTION 6 —ACCIDENTAL RELEASE MEASURES Leak and Spgl PrM4dusee onfine spill, use personal protective equipment as required. Prevent further leakage and spills by removing products d flush with water. Dispose of cleaned up product properly. SECTION 7— HANDLING AND STORAGE I HaWgPiodeheesab Equlmrrn Handle with accordance of good industrial safety practices. ssxege Regwnmens Keep containers tightly closed. store in a well -ventilated place SECTION 8 — EXPOSURE CONTROL / PERSONAL PROTECTION Esposure Llmitb O ACGIH TLV ❑ OSHAPEL O 00et(SpecOy) Spe Engineenog Controls (such as ventilation, enclosed process) n/a Personal Pn lttbve Epulpment O Gbas O fesni Eye 0 Footwear Clothing MNer if cneaw. please speclly type n/a 'SECTION 9 — PHYSICAL AND CHEMICAL PROPERTIES Physic a state liquid odour and Appearance white liquid Lemon plants I spedfic Gravity Vapour Density (air = 1) Evaporation Rate pH Boiling Point (' C) Coefficient of WatedOl Distribution SECTION 10 —STABILITY AND REACTIVITY Chemiml sketaty XOYes 71 It no, under which conditions? N No Inm'npafidMy wflh ONersubstams If yes, which ones'? Yes xN Na Reactivity, and under what conditions? Hazallous Decomposition Products SECTION 11 —TOXICOLOGICAL INFORMATION Effects of Acute Exposure none Effects of chronic exposure none Irritancy, of Product Skin sensitization none Carcinogenicity-IARC none Reproductive toxicity none Embrotoxicity none Name of synergistic productsheffects his Odour ThRithod(ppm) Vapour Pressure (mmHg) Freezing Point (' C) tsolubiiitym Water)100% yes Respiratory sensitization Avoid Breathing in Carcinogenicity -ACGIH none Teratogenicity none Mutagenicity none SECTION 12 — ECOLOGICAL INFORMATION [Aquatic Toxicity] none known. Flo Environmental Impacts (SECTION 13 — DISPOSAL CONSIDERATIONS I waste oI$p l ispose in accordance with local laws. ispose with accordance of national regulations. SECTION 14 — TRANSPORT INFORMATION: DOT- Land/ Air/ Vessel NOT DOT Regulated sp�s"�1nknia°"' Ship in an upright position. rm roc n/a Iooi1 Not regulated n/a prsq n/a SECTION 15 — REGULATORY INFORMATION [wHMIS n/a [OSHA] Ciassficabon] We [SERA] Na ITSCA) We This product has been classed in accordance with the hazard criteria of the Controlled Products Regulations (CPR) and the SDS contains all of the information mouired by CPR. SECTION 16 — OTHER INFORMATION This is believed to be an all -natural organic product that is safe to handle.