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HomeMy WebLinkAbout03-18-2020 CC Minutes(71yOF SES?V HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT & COMMUNITY REDEVELOPMENT AGENCY MINUTES WEDNESDAY, MARCH 18, 2020 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Dodd called the Regular City Council meeting to order at 6:00 p.m. Rev. John Gill, Sebastian United Methodist Church, gave the invocation. 3. Vice Mayor Mauti led the Pledge of Allegiance. 4. Vice Mayor Mauti read the Civility Pledge WE WILL BE RESPECTFUL OF ONE ANOTHER EVEN WHEN WE DISAGREE. WE WILL DIRECT ALL COMMENTS TO THE ISSUES. WE WILL AVOID PERSONAL ATTACKS. Mayor Dodd said they were operating under guidelines established by Governor DeSantis. Mayor Dodd assured the public that we chose to have the meeting to deal with some of the business items and the City is coordinating with the County and Governor's office. In an attempt to aggressively attack the COVID-19 virus, governments have been directed not to have groups more than 10 but tonight the City is going to provide public access through the City's Facebook page where Council can answer questions from the public. He invited the public to go to the City of Sebastian.org sign up for emergency link and fill in information to receive updates. 5. 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 City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Police Chief Michelle Morris Police Captain Dan Acosta Police Officer Kendall Holycross Mayor Dodd said he signed a Declaration of Local Emergency in concert with Indian River County on Tuesday and the City was operating under the guidelines of the President and Governor DeSantis. He said the meeting was being held to deal with some items that needed to be addressed. He noted that municipalities are prohibited from having groups of more than 10 people in a gathering on any government property hence the limit to the access of the meeting. He invited the public to sign up for emergency alerts on the City's website to receive notices on their phones and e-mails. The City Manager said they were all cognizant of social distancing and some of the things that have been put into place to prohibit the spread of the disease included on-line permitting, setting up electronic participation for public meetings, installing barriers to protect staff, supplying disinfectant wipes/hand sanitizers to wipe down common areas, limiting/postponing the inside inspections of home improvements, cancelling garage sale permit requirements, cancelling City sponsored events, cancelling events in the City's facilities, and the closure of the Splash Pad. He has been participating in daily conference calls with the County, other cities, and the state and federal governments. The City is following the CDC and Florida Department of Health's guidelines. Mayor Dodd said it was within their purview to cancel the April 8th Council meeting. There was no objection from the other Council Members. Verbatim as requested at May 14`h 2020 meeting: Dodd — ok the April 8 meeting closure it's within the purview of the city manager to actually do that but he wanted to make sure we don't have any issues with that. I think it's an appropriate thing to do. We've had, I don't know if any of you have or not, but I've had lots of a -mails today about why we didn't cancel this meeting but I felt like I'm the one working with the city manager that insisted we continue with the meeting cause I felt like that we needed to get together and talk about this as a group and we could do it safely with the social distancing and so forth without a problem so. Any issues with cancelling the April 8 meeting? jmnlQimmr, Dodd — cancelling the April 8 meeting. No? All right, so it's cancelled then. So our next meeting is April 22nd. Anything else, anyone have any questions for the City Manager? Hill — Mayor Dodd if I could Dodd — yes Hill - I would suggest that we not only cancel the April 8 meeting but have, not hold a public meeting until the State of Florida lifts its emergency declaration. Dodd —yeah Hill — so, so keep that in mind that just because we get, if in fact the state of Florida extends their emergency declaration beyond April 8 through other meetings, I don't believe it's appropriate for us to be holding a public meeting during these times. Dodd — yes, and the city manager has the authority to actually cancel that April 22 meeting if it turns out the state extends the limits that we have. So he can notify us if it's time to cancel that. March 18, 2020 Board of Adjustment Hearing, CRA & Regular City Council Meeting 2 It's just, I don't want uh -- I prefer not to say cancel until we decide to have a meeting, let's put a date, we have a couple things like on the agenda right now tonight that we need to postpone until a certain date. Hill — right, I understand. So we have to give it a certain date and then we will have to have another meeting. I do feel it's somewhat inappropriate for us to have a public meeting when the state of Florida and we are in concert with the state of Florida is asking people not to get together in public. So I understand why we are here for this purpose and I think it's good for PSA anyway, I think you, uh, it's a great public service announcement, I think it's very appropriate but I think we should make the statement that we aren't going to hold a public meeting until the state of emergency has been lifted. I think that would be the appropriate way to show the public that not only are we asking them to not congregate in groups; we're not going to congregate in groups that would require their input. Dodd — ok Carlisle — and we'll, we could address that, like I said we will know closer to the 22nd we will know what we have, if we have to close that meeting. The emergency directive order gives me the power to cancel it without meeting with you all, I could say it's not safe, it's not prudent, it's not in best interest of city and I can cancel it based on our ordinance and the powers that are transferred to me. I can sign contracts, bills. Hill — right Carlisle - we have new council members; they haven't been through this, we want to make sure there's opportunity for them to under the process and that we aren't trying to do something underhanded or trying to do something subversive, so we're were going to do what's prudent for the City. I've been entrusted with this power. I hope that everyone on the council trusts that I'm gonna do what is in the best interest of the City, I'm not going to take advantage of that at all. Hill — there's a couple of things there and I agree with you 100%. The fact of the matter is that the emergency declaration has afforded you the power to run this city and to do, make the decisions that are necessary to. Secondly, I would say that if in fact you were to do something that I seriously doubt and I would bet the house against, you do something inappropriate, you'll face those measures when we get back to the meetings. Carlisle — that's correct Hill - and the third thing, uh, there was a third thing. I'm starting to get Bidenitous there. But, but no, so those two things by themselves, you have the extraordinary power to, to make all the decisions, to make the expenditures, to approve the expenditures that are budgeted items, us even those that are not under emergency situations so. And there's no better person that I would rather have at that helm or with that power than you, uh, so I am very comfortable and I hope that the citizens of this community are very comfortable that we have an incredibly capable uh city manager who is going to be able to take us through this, guide us through this and he's the one with the brains, not the people up here so we have him to run the City and I am very happy that we have him to do that. Dodd — now you just , you just crossed the boundary, cause he's going to start snickering down there when you said he's the one with the brains not the guys up here so. Chuckles. I don't have any problem with that, I guess we can say is tentatively, we are going to meet on the 22nd March 18, 2020 Board of Adjustment Hearing, CRA & Regular City Council Meeting 3 subject to, subject to the ruling by the city manager related to safety. How's that, does that fit the legal thing that we need to do. Hill — if, if, I'm sorry, if I could, I think that the easy part of this is to follow the guidelines of the state Dodd - yep Hill - because that is what we decided that we are going to do. So if the state still says that we going to have, we would recommend no greater group than 10, my guess is that probably gonna be stay home by then Dodd —yeah Hill - but who the heck knows Dodd — yeah, yeah Hill - but whatever the state guidelines are, so if the state says we shouldn't have a gathering of a group greater than 10 then we shouldn't have a council meeting because at that point we can only allow one person in here at a time, it's great, it's very inconveniencing and we're asking the public to follow the guidelines of the state Dodd — ok Hill - while we ourselves are not doing that Dodd — as it stands right now, the limit of 10 people expires on April 15, unless the governor decides to extend it and then it's the CDC guidelines of 50 people after that. So if the Governor extends the 10 person limit then yes, certainly we should not have the meeting. Hill- I would be very comfortable with that Gilliams - Mr. Mayor Dodd —yes Gilliams — I, uh, I feel very uncomfortable having the meeting today. I think that the public can't be here, I think we should uh, we should put this meeting off. Dodd — Let me go forward and talk about a couple of things first and we will deal with that, how's that Gilliams — how far are you going to go Dodd — I am just going to go to the next item Gilliams — ok March 18, 2020 Board of Adjustment Hearing, CRA & Regular City Council Meeting 4 Dodd —ok, any other questions for the City Manager. Let me turn my, get my thing back on here so I can find out if anybody on Facebook have sent any questions in. Apparently not. Umm there's someone typing right now on Facebook. He reads his screen --Everyone is on Facebook, no questions at this time. All right thank you guys. In order to have this meeting, given the rules we are working under End of Verbatim Council Member Hill suggested they wait to hold any future meetings until Florida lifts the State of Emergency noting the City Manager has the power to make necessary decisions to run the City. Mayor Dodd said the limit of 10 people expires April 15 unless the Governor decides to extend it. Council Member Gilliams said he was uncomfortable holding the meeting because the public was not present. 6. AGENDA MODIFICATIONS Mayor Dodd suggested they make for following agenda modifications to go forward with the meeting: bypass the proclamation section • bypass Item 8-Public Input because they can't have more than 10 people in the room • convene the public hearing for Item 9 and postpone it until the next meeting • He noted as long as no one wanted to pull something from the Consent Agenda it could be approved; if an item was pulled it would have to wait until the public could give input pull Item 13-Committee Reports MOTION by Council Member Hill and SECOND by Council Member Gilliams to move Item 15-Unfinished Business -Concrete Services up to the Consent Agenda as Item 7f Pull New Business Items 16a-Quarterly Budget Report and b-Retail Strategies, LLC Agreement Mayor Dodd noted Items 16c-Wright Construction Group Agreement and 16d-Emergency Air Conditioner Purchase could not be considered because there should be public comments. Council Member Hill suggested the items be added to the Consent Agenda. Council Member Gilliams was opposed to moving these items to the Consent Agenda. There was a unanimous voice vote to approve the bulleted changes suggested by Mayor Dodd. PROCLAMATIONS. AWARDS BRIEF ANNOUNCEMENTS Presentations of proclamations, ce;if Cates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 20.042 A. Proclamation — Red Cross Month, March 2020 — Coast to Heartland Community Volunteer Leader March 18, 2020 Board of Adjustment Hearing, CRA & Regular City Council Meeting 5 20.043 B. Proclamation — Procurement Month, March 2020 — Ann -Marie Fraser, CPPB, MBA, Procurement and Contracts Manager 20.044 C. Announcement of New City of Sebastian Police Chief, Captain Daniel N. Acosta upon Retirement of Police Chief Michelle Morris 20.031 D. Presentation of Fiscal Year 2019 Comprehensive Annual Financial Report (CAFR and Annual City Audit by City Auditor, Rehmann Robson (Transmittal, Audit available at http://www.cityofsebastian.org/city-financials) 8. PUBLIC INPUT Mayor Dodd recessed the City Council meeting at 6:23 p.m. and convened the Board of Adjustment Meeting. MOTION by Mr. Hill and SECOND by Ms. Parris to postpone items a and b; and defer to the City Attorney for direction on when they can call item b. The City Attorney advised that the motion should be to postpone item 9b and continue item to the April 22 meeting subject to any further restrictions from Governor DeSantis' office; then the item can be further postponed to a date to be determined. Mr. Gilliams asked the reason for postponing the hearing. Chairman Dodd stated they could not have an uninhibited public comment under the rules they were operating on. The City Attorney advised that all land use and quasi-judicial matters should be postponed. Chairman Dodd said he did speak to Mr. Scozzari earlier in the day and he understood the need to postpone the hearing. Mr. Hill asked to cease any code enforcement action on the property until the hearing be part of the motion. The City Manager said he was not aware of any code enforcement issues with the property. Mr. Gilliams said he thought the whole meeting should be postponed. Chairman Dodd said if there was no meeting tonight and no action was taken on the hearing, the City would have to go through the entire notification process again. Chairman Dodd said he was comfortable going forward since the meeting is on the television and Facebook. Ms. Parris said she thought it was important to let the public know they were having the meeting and concerned about the situation. Vice Chairman Mauti said he was uncomfortable moving forward with any of this right now. Roll call: Vice Chairman Mauti -nay Mr. Gilliams -nay Mr. Hill -aye Ms. Parris -nay Chairman Dodd Chairman Dodd announced the motion failed to postpone the hearing. He closed the meeting at 6:29 p.m. and stated the entire agenda would be moved to the next meeting. March 18, 2020 Board of Adjustment Hearing, CRA & Regular City Council Meeting 6 91 10. 11 12. 20.046 20.047 Recess Citv Council Meetina and Convene as Board of Adiustment A. Approve January 8, 2020 BOA Minutes B. JOSEPH AND JULIA SCOZZARI, IN REGARDS TO LOTS 27 & 28, BLOCK 381, SEBASTIAN HIGHLANDS UNIT 11, LOCATED AT 1401 THORNHILL LANE, ARE REQUESTING VARIANCES TO ALLOW AN EXISTING DETACHED GARAGE LOCATED ON LOT 26 TO BE UNIFIED TO THEIR RESIDENTIAL PROPERTY. THE DETACHED GARAGE IS SETBACK 26.1 FEET FROM THE FRONT PROPERTY LINE, WHEREAS THE CODE REQUIRES ACCESSORY STRUCTURES TO BE LOCATED BEHIND THE FRONT SETBACK OF THE HOUSE, WHICH IS 29.8 FEET. THE DETACHED GARAGE IS 20 FEET IN HEIGHT, WHEREAS THE CODE REQUIRES ACCESSORY STRUCTURES NOT TO EXCEED THE HEIGHT OF THE HOUSE, WHICH IS 15 FEET. THE DETACHED GARAGE IS 1,728 SF IN SIZE, WHEREAS THE CODE REQUIRES ACCESSORY STRUCTURES NOT TO EXCEED 1,000 SF MAXIMUM. THE DETACHED GARAGE IS CONSTRUCTED OF YELLOW CORRUGATED METAL, WHEREAS THE CODE REQUIRES ACCESSORY STRUCTURES OVER 750 SF IN SIZE TO BE OF THE SAME COLOR AND MATERIALS OF THE HOUSE, WHICH IS GRAY STUCCO. (PJ Ad 3/4/2020) (Transmittal, Report, Ex A-F, Application, Notice) Recess Board of Adiustment and Convene as Communitv Redevelopment Aaencv A. Approve February 26, 2020 CRA Minutes B. Fiscal Year 2019 CRA Annual Report in Accordance with F.S.163.371 - Accept and Forward to City Council (Transmittal, Report) Adiourn Communitv Redeveloument Aaencv Meetina and Reconvene as Citv Council CONSENT AGENDA A. Approval of Minutes — February 12, 2020 Workshop & Regular City Council Meeting B. Approval of Minutes - February 26, 2020 Regular City Council Meeting C. Fiscal Year 2019 CRA Annual Report in Accordance with F.S.163.371 - Acceptance by City Council (Transmittal, See Pages 45-61 for Report) D. Resolution No. R-20-03 Abandonment of Rear Easements — Sebastian Highlands Unit 4, Lot 1, Block 121 (Transmittal, R-20-03, Site Map, Staff Report, Utility Approvals, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 121, SEBASTIAN HIGHLANDS UNIT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE. E. Approve the Distribution of Sebastian Police Department Forfeiture Funds to the Substance Awareness Center in Accordance with FS 932.7055 (Transmittal, F.S.932.7055, Letters) March 18, 2020 Board of Adjustment Hearing, CRA & Regular City Council Meeting 7 13. C,MMITTEE REPOR-S & APPOINTMENTS L ry committee reports an dd ouncil Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 20.048 A. Parks and Recreation Advisory Committee (Transmittal, Application, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Unexpired, Alternate Member— Position to Expire 5/31/2021 20.049 B. Natural Resources Board (Transmittal, Application, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Unexpired, Alternate Member— Position to Expire 7/1/2022 20.010 C. Integrated Pest Management Parks Update (Transmittal) 14. PUBLIC HEARINGS - None 15. UNFINISHED BUSINESS 20.038 A. Approve Concrete Services under the Concrete Construction Service Agreements with Tim Rose Contracting, Inc. for the New Pavement Culvert Replacement/Swale Regrading Capital Project — Not to Exceed $40,000 (Transmittal, Minutes Excerpt, Price Sheet) 16. NEW BUSINESS 20.050 A. Resolution No. R-20-04 - Accepting the 151 Quarter Financial Report and Recognizing Necessary Amendments and Adjustments to the FY19/20 Annual Budget (Transmittal, R-20-04, 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, 2019 AND ENDING SEPTEMBER 30, 2020 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 20.051 B. Presentation by Retail Strategies Alabama, LLC - Sarah Beth Thornton, Business Development Approve the Piggyback to City of Lauderdale Lakes RFP No. 19-3410-18R for a City - Wide Retail Trade Analysis and Marketing Plan using Retail Strategies Alabama, LLC in the Amount of $40,000.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Experience, Schedule, Agreement, Notice, Lauderdale Lakes Document) 20.052 C. Approve a Pre -Construction Services Agreement with Wright Construction Group, Inc. (RFQ #18-09) for the Design Build of the Municipal Garage and Public Facilities Compound near the Sebastian Airport in the Amount of $446,335.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Agreement, Proposal, Minutes Excerpt) March 18, 2020 Board of Adjustment Hearing, CRA & Regular City Council Meeting 8