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HomeMy WebLinkAbout07-15-2020 CC SP MinutesSEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES WEDNESDAY, JULY 15, 2020 - 6:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA SPECIAL MEETING CALLED BY MAYOR DODD Mayor Dodd called the Special City Council Meeting to order at 6:00 p.m. 2. A moment of silence was held and the Pledge of Allegiance was recited. 3. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gllliams Council Member Jim Hill (via Zoom Technology) Council Member Pamela Parris (arrived 6:05 p.m.) Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. (via Zoom Technology) City Clerk Jeanette Williams Because the Indian River County Board of County Commissioners discussed the requirement of wearing masks last week, Mayor Dodd reviewed that Sebastian's mask policy is that if someone is going to come into one of the City's buildings, individuals will have their temperature taken and they will be asked to wear a mask on the inside. In stores, workers are required to wear masks in close spaces and patrons are encouraged to wear masks. He said there are businesses that are beginning to require that customers wear masks such as Walmart. 4. SPECIAL MEETING ITEM (In accordance with R-20-02, public input is limited to the Rem on the agenda.) A. Citv Attornev to Schedule an Executive Session for Julv 16. 2020 The City Attorney requested an executive session in accordance with F.S.286.011(8) to discuss the settlement and negotiations regarding the annexation case. Council Member Parris joined the meeting. The City Attorney stated who would be in attendance and requested they meet for about an hour prior to the July 22 Regular City Council meeting. MOTION by Council Member Hill and SECOND by Mayor Dodd to hold an executive session on July 22 at 5:00 p.m. Special City Council Meeting July 15, 2020 Page 2 6:13 pm Council Member Gilliams stated what the Attorney was going to cover should have been covered at the last meeting and asked why the annexation agreement wasn't in the agenda backup. Mayor Dodd asked him to follow the law and not discuss the matter outside of the executive session. Council Member Hill noted Council Member Gilliams was provided the annexation agreement prior to the last meeting. Council Member Gilliams started to quote page 9 of the annexation agreement. Mayor Dodd suspended his commentary. Council Member Gilliams called for a Point of Order by Gilliams — He wanted the opportunity to read page 9 of the annexation agreement. The City Attorney offered to forward the annexation agreement to each member and and discuss it. Roll call to overrule the reading of page 9 into the record: Council Member Gilliams - nay Council Member Hill - aye Council Member Parris - nay Mayor Dodd -aye Vice Mayor Mauti - nay Motion failed. 3-2 The City Attorney read Subsection D of Page 9 of the agreement. (See attached) Council Member Gilliams said he wanted to emphasize that section to Council Members Mauti and Parris. Mayor Dodd said he was not going to argue the case and called for a recess at 6:23 p.m. All members returned at 6:27 p.m. and Mayor Dodd called for public input. Council Member Hill called for a Point of Order— He said Council has given authority to run meetings, and said he would respect his call for public input. Council Member Gilliams agreed with Council Member Hill. Public Discussion on the Scheduling of Executive Session Christopher Nunn, Sebastian, said they should move forward with what they need to do. Tim Cole, Sebastian, said he wanted the Graves Brothers in Sebastian noting the problems will be resolved shortly. Michelle Morris, Sebastian, said she was unclear why it was one council member's job to educate two others who should have done their homework and if they had done their homework, they should set that council member straight that they can read. Council Member Parris said she believed Council Member Gilliams' intent was to inform the public. She apologized for not remembedng that she received the agreement last November. Special City Council Meeting July 15, 2020 Page 3 Vice Mayor Mauti reminded everyone that he sat on P & Z Commission where he has followed the annexation from the beginning; they do not need Council Member Gilliams to educate them. Council Member Gilliams asked the City Attomey to explain the section for the public. The City Attorney said his role was to advise Council at this point not the citizens; he wanted to discuss a specific issue with them not the section he read into the record. Council Member Gilliams asked if there was any liability to the City if they don't pursue the annexation. Council Member Hill called the previous question. Roll call to call the question: Motion failed. 3-2. Council Member Hill - aye Parris - aye Dodd -aye Mauti - nay Gilliams - nay Council Member Gilliams continued that the agreement states the City will defend the Graves Brothers and he will require additional security money in escrow. Mayor Dodd cautioned him not to discuss what they should say in the executive session. Roll call to hold the Executive Session July 22, 2020 at 5:00 p.m.: Council Member Parris -aye Mayor Dodd - aye Vice Mayor Mauti - nay Council Member Gilliams - nay Council Member Hill - aye Motion carried. 3-2 Mayor Dodd announced there would be an Executive Session on July 22, 2020 at 5:00 p.m. to discuss the City Attorney's annexation matter. Being no further business, Mayor Dodd adjourned the Special Council Meeting at 6:38 p.m. Approved at the September 9, 2020 Regular City Council Meeting. Mayor DcE dd ATTEpST�: Jebhette Williams, MMC - City Clerk (a) Coordinate the pro -rasa funding of the interchange, bridge crossings, or roadways with adjacent property owners/developers when such other properties are benefited by these improvements. (b) Implement a "cost -recovery" agreement when the Owner funds more than its pro-rata share of an improvement. (c) Work with the Owner to secure appropriate impact fee credits based upon fair share apportionment payments and/or actual construction of improvements. (d) Review and process any permit applications or other requests for approval submitted to the City to ensure that development within the property proceeds in a tinwlr manner. The City further agrees to assist during the review processes of any other governmental approvals and permits for the property. 13. General Terms: (a) The terms "contribute "dedicate", "dedication", 'convey", "conveying", c r "conveyance" as used in this Agreement relating to a municipal or governmental transfer, -hall lilean to trranster u%+-rn'r;hil+ to the C itb or other goverfurwritat body, without any cost to or payment by the City or other governmental body, such dedication or conveyance shall lx a gilt by the Owner. without any compensation. (b) Preparation of this Agreement has been a joint effort of the parties and thr resulting document shall not, solely as a matter of judicial construction. be covistrued moiv severely against one of this parties than the other. (C) Owner, upon execution of this Agreement, shall pay to the City tine cost of recording this Agreement in Indian River Count%, Florida. 400011- (d) This Annexation is subject to various provisions contained in Chapter 171 Florida Statutes, Municipal Annexation or Contraction. A portion of the boundary of the Exhibit Z To Ordinance No, 0-14-04 ANNEXATION AGREEMENT Page 8 of 13 property is contiguous to the City. "Contiguous" is defined in Section 171.031(11) Florida Statute, to mean "that a substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality." Should there be any legal challenge to the annexation of the property, whether based on Contiguity, enclaves or any other theory, the Owner agrees to assume all risk associated with the challenge. The Owner further agrees to indemnify and hold h=m nlc." the City from all claims, suits and judgments in ,mv wo.d arising out of or relating to the atvxxation of the property, This indemnity and hold harmless shall extend to all costs, fees and expenses, including, but not limited to, reasonable otturn,a sfees and expert witness fees incurred by the City, in the investigation or defense of ,111%, Challenge to the annexation whatsoever, including but not limited to Chapter 164, Chapter I anti any legal challenge filed in Court, including all levels of court and any attorneys" fees that the City may be ordered to pay pursuant to Section 171.081 Florida Statutes (collectively a "Third Party Claim"). Promptly after receipt of notice of the making or cwinmencamwnt be and third 11,11Tv of mnY rtatina. action, lawsuit, or proceeding as to which indnntndk otum in,a}be sought (a "Third Party Claim"), the City shall notify Owner, Failure to do so shall not relieve Owner from any liability that it may have under this section unless Owner is prejudiced by the lack of such notice; provided that, in such case Owner shall not be responsible for that portion of the liability caused by the prejudice resulting from the lack of notice. If any such Third Party Claim is brought against the City, Owner shall be entitled to participate and, to the extent they nlav elect by -written notice delivered promptly to the City after receiving notice from the City, to assume the defense with counsel reasonably satisfactory to the City. The parties agree to cooperate fully in connection with the defense, negotiation, or settlement of any such legal proceeding, claim, or demand. 1-he City shall have the right to employ counsel in any such case, with counsel reasonably, acceptable to the Owner, and the fees and expenses of this counsel Exhibit 2To Ordinance No. 0-19-04 ANNEXATION AGREEMENT Page 9 of 13 shall be at the expense of the City, subject to reimbursement from Owner. to any of thesis events, fees and expenses of the City's counsel shall be borne by Owner. Owner may not settle any 'Third party Claim without the consent of the City. After any final judgment or award has been rendered by a court, arbitration board, or administrative agency of competent jurisdiction and the time in which to appeal from it has expired, a settlement has been consunvnated, or Owner and the City arrive at a mutually binding agreement with respect to each separale matter alleged to be inderanified by Owner, the City shall forward to Owner notice of any sun s Clue and owing by it with respect the the matter, and Owner immtediatrl% shall pay all of the stints owing, by wire transfer or certified or bank cashier's chock, to the City. 14, Attorneys` Fees. Should any part' to this Agreement bring an action against any other party to enforce any provision of the Agreement, the prevailing party in said action shalt be entitled to recover its reasonable attorneys' fees and court costs in all trial and appella e proceedings. 25. Notices. Every notice, demand, consent, approval or other document or instrument required or permitted to be given to any party to this Agreement shall be in writing and shall be delivered in person or sent by registered or certified mail, postage prepaid, return receipt requested, to the following address (or such other address as any party may designate. from time to time in writing). r-or City. Paul Carlisle, City Manager 1?25 Main Street Sebastian, Florida 32958 with a copy to: City Attorney 12?5 Main Street Sebastian, Florida 32958 j Far Owner: Jeff E. Bass President Graves Brothers Company 2770 Indian River Blvd., Suite 201 Vert, Beach, Florida 32960 with a ropy to: Registered Agent on file. Fxhibit 2 T'o ordinance No. 0-19-04 ANNEXATION AGREEMENT Page 10 of 13