Loading...
HomeMy WebLinkAbout07-07-2020 CC SP MinutesSEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES TUESDAY, JULY 7, 2020 5:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA SPECIAL MEETING CALLED BY COUNCIL MEMBER GILLIAMS REGARDING THE GRAVES BROTHERS COMPANY ANNEXATION 1. Mayor Dodd called the Special Meeting to order at 5:00 p.m. 2. A moment of silence was held. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill (via Zoom Technology) Council Member Pamela Parris (via Zoom Technology) Citv Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Police Chief Dan Acosta Police Lieutenant Constantine Savvidis 5. SPECIAL MEETING ITEM (In accordance with R-2M2, public input is limited to the Item on the agenda.) Mayor Dodd said the City Attorney has sent an e-mail stating that he intended to request an executive session the following night under his matters pertaining to the active legal action the City is in regarding the Graves Brothers Annexation. He said since it should not be discussed in public he made a MOTION with a SECOND by Council Member Hill to table Item 5.A. Roll call: Vice Mayor Mauti - nay Council Member Gilliams - nay Council Member Hill - aye Council Member Parris - nay Mayor Dodd - aye Motion failed. 3-2 Special City Council Meeting July 7, 2020 Page 2 A. Graves Brothers Company Annexation Mayor Dodd cautioned that this was not an item they could discuss; they could listen to the people but not discuss the matter. MOTION by Council Member Gilliams and SECOND by Council Member Parris not to appeal the lawsuit with the Audubon Society. Public Input Rene Boisvert, Brookedge Terrace, said he wanted to stop the annexation. John Christino, SE Sebastian, asked Council not to appeal the ruling; go forward with the Chapter 164 process with public involvement. John Riley, Sebastian, said the annexation is a terrible deal for City and asked Council to reconsider. Bob Bedea said the annexation would not retain the City's charm, it would not protect the natural resources, and the public was left out of the process. Michelle Morris said it would be nice if the City stopped growing 36 years ago and asked what do they do —shut the door after each person moves here. She asked if they were going to not look for any growth, industry or be sustainable; or continue with extra services requiring increased taxes. She said she believed the majority of the citizens are not against this but they are against becoming Miami or Palm Beach County. Vera Render, 852 Mulberry Street, said if the City stopped the growth they wouldn't have the tax dollars and the beautiful amenities the City has today. She said the County is not going to share the tax dollars to provide the services that the growth will be using. She asked Council not to give up the opportunity to control something that will bring tax dollars to support our beautiful City. Donna Halloran, 925 Greenbrier Avenue, said it is time to bring all parties together to discuss the future land use plan and include many of recommendations of the six regional agencies that commented on the annexation and land use amendment. They have a second chance of doing it right; it is time to be open, transparent, and honest. Cathy Kline, Sebastian, said many residents asked the previous Council to reconsider but it was a slam dunk resulting in three new council members last November. She suggested that at the next election that everyone gel the vote out. She asked if Council will do the right thing and start over to consider what the constituents were saying in 2019. Louise Kautenburg, resident, encouraged Council to go ahead with appeal; the rejection was based on a small technicality. She said she has listened since last August to people stating this came through the back door and it will spoil our environment; those people were reacting to half-truths and lies; the annexation doesn't involve anything odious to the City. She has served on almost every committee for the last 25 years, and as in the case here, nobody attends the well -advertised meetings to ask questions or provide comment. She said the City needs to go ahead with the annexation. Special City Council Meeting July 7, 2020 Page 3 Andrea Ring, Quarry Lane, said the City needs to do this annexation smartly. She displayed a picture of an aerobic septic system that could be used. (See attached) Sharon Herman, Sebastian, asked how many people understand that the property will still be built if the City does not annex the property and the City won't receive the tax money from it. She also asked: -how long it will be before the Graves Brothers decide they want to build on the land -are they under obligation to come back to the table -and does the City have the opportunity to start over Charles Stadelman, Sebastian, said he commutes for work from Titusville to Miami because Sebastian is a beautiful place to live. He noted there is an exit on 195 that is planned to go to a future giant city; if the City doesn't take control of our area, we end up like Melbourne or Port St. Lucie. He recommended that the City uses all of their resources such as the boards to receive input. Tracey Cole encouraged Council to move ahead with the annexation so they can have control; citizens are much more for involved now. Ben Hooker, Sebastian, asked what the verdict was with court case. Mayor Dodd said the judges ruled in favor of the Audubon Society because the City left five acres off map advertising the annexation. Mr. Hooker said the City shouldn't be spending additional money on appealing the judge's ruling. He suggested that Council ask the Graves Brothers to adjust the annexation and then they vote yay or nay on the changes. Jeff Bass, Graves Brothers Company, said this was about control, there is no plan for the property —there was a picture distributed for the future land use change. He said the land is going to develop, the question was will it be Sebastian, the County, or Fellsmere that controls it. He said the annexation is not asking for services or to build houses but to come into a municipality's boundary so that municipality can control what happens there. He said the Graves Brothers Company was going to keep the land agriculture until there is a demand for a zoning change. The land use picture was a map showing what the zoning change would allow when the time comes for them to apply for the zoning change. He explained the annexation was the first step; it is voluntary, he can pull out at any time and if he does, he wasn't sure he was coming back to the table. The Graves Brothers would like to be part of Sebastian but they want to be part of something that wants them. Mr. Bass said the Graves Brothers used to own the land that is now the City of Sebastian and the City wouldn't be here if their company didn't log it in the 1920's and 1930's. The Graves Brothers would like to be part of the community that everyone wants. He said they weren't trying to do this under the guise of secrecy or anything; there were many meetings that were attended. He encouraged Council to appeal the judge's ruling; it is a good plan to have under Sebastian's control; there shouldn't be anything to prevent this from happening if the appeal is handled correctly. Grace Reed asked why they would ask someone to come back to the City with a different plan when it would be just as easy for them to go somewhere else. She said the City should say what is going to build and when. She said she has read the Special City Council Meeting July 7, 2020 Page 4 annexation contract and there will be no septic tanks and she asked if anybody that takes it over can guarantee that. It is a great idea for the City to control that growth. Nicholas Scheskowsky said the fact is this property will be developed --the question is will Sebastian have meaningful input when it is developed. He demanded an apology from the Council Member that referred to him as a thug at the last meeting. Christopher Nunn said if the annexation moves forward, can the campaign of disinformation stop. If they can control the lies, they can move forward. The fact is people still don't understand; he hoped they can move forward with honesty and integrity. Zoom Particioants Andrea Coy, 501 Palm Avenue, said they have heard good commentary on why they should appeal and continue with annexation. She thanked Mr. Bass for shining light on what is to come. She said she believed they need to have control over this property. She asked how Council can make a motion on an issue that Council is not allowed to discuss. Leslie Wayment said she objected to the meeting being to being called tonight as an emergency. She said there is nothing on the agenda for them to look at to provide input; the meeting should have been held after they heard from the lawyer. Kira Idom, 556 Roanoke Drive said she was familiar with the annexation of land and it needs to go forward to receive the taxes. She stated the whole community needs this. Joe Sco= i said he has noticed people have come up to speak in favor so more tax dollars go to the Police Department. Katie Preston said not a lot of people were paying attention when the annexation happened; this is something that Sebastian can control; she did not think they should be discussing this; and didn't agree with the motion. Mayor Dodd asked the City Attorney if the motion passed, would they no longer need an executive session or to move forward with the process. The City Attorney stated if it passed, there wouldn't be a need for the executive session. Mayor Dodd said he was going to go against his advice and open this up for Council comment because if it passed, Council would have made a decision on something that they shouldn't be discussing and if they can't do it correctly, they need to have a discussion. The City Attorney said he didn't disagree; this is something that should occur during the executive session which is why he sent out an e-mail yesterday, he would like to try to explain what he tried to say before they took the vote. The City Attorney said he sent an e-mail to Council to caution them that the matter was still confidential and not open to the public at this time. The public comment is something that Council should take into consideration during the executive session; it was not appropriate for Council to make a decision outside of the executive session. Special City Council Meeting July 7, 2020 Page 5 Vice Mayor Mauti asked if Mr. Bass would be present at the executive session. The City Attorney said he would not be allowed to attend by law. The City Attorney said the purpose is to meet with the attorneys to decide what to do going forward; he was going to ask for their decision tomorrow night. Mayor Dodd noted that only the City Attorney can request the executive session. 5.51 pm Council Member Hill said the City Attorney has been clear, therefore, he would not discuss any of this at this time. He said at the executive session three members can say they won't appeal or they will, then they could have Council discussion. Mayor Dodd said that was what he tried to do; that was why he attempted to table this until after the meeting tomorrow when they schedule the executive session however there is a motion on the floor. Vice Mayor Mauti asked if they go forward, will they be subject to more litigation. The City Attorney said they should have discussion at the execution session. Vice Mayor started to make a recommendation. Council Member Gilliams interrupted. Mayor Dodd said he opened this up for debate and he will not stop debating. Council Member Hill said that was the whole problem --in accordance with the advice of the City Attorney they should not have discussion. Mayor Dodd said if the motion passes, it directs the City Attorney to not appeal and he wouldn't let that happen without input. Vice Mayor Mauti noted they were going down a slippery slope. Mayor Dodd agreed, and said the motion greased the slippery slope; the motion should have never been made. Council Member Gilliams said he doesn't need to debate the issue; he was elected to listen to due process that was not done properly. He said they lost the first round, 4 it is appealed, they will lose again. He wasn't against the annexation, he was willing to have Mr. Bass come back and meet with the organizations and the community. Council Member Hill called for a Point of Order. He stated they are discussing whether they should open the discussion. Mayor Dodd said the motion was to direct the City Attorney not to appeal. Council Member Hill said but they have received advice as to whether or not they should be having this discussion; each Council Member should decide if they want to follow the City Attorney's advice or get them into more litigation. Council Member Gilliams said he thought this was a ploy to drag this out through the courts until there are new people on the dais, and the annexation will go through without due process. He said they should kill it now and save the tax payers a lot of money. Council Member Parris said her opinion was irrelevant, she wanted what the people want and they felt there was a breach of trust. She likes the idea of controlling the area and until there Is a future land use plan that people can understand, there's was breach of trust. Special City Council Meeting July 7, 2020 Page 6 Mayor Dodd called the vote; a yes vote directed the City Attorney not to appeal the annexation. Vice Mayor Mauti noted they would discuss the same vote in the executive session. Council Member Gilliams responded that he might not be in the executive session if he, Vice Mayor Mauti and Council Member Parris are removed by the Governor. Roll call: Council Member Gilliams - aye Council Member Hill - nay Council Member Parris - aye Mayor Dodd - nay Vice Mayor Mauti - nay Motion failed. 3-2 6. Being no further business, Mayor Dodd adjourned the Special Meeting at 6:02 p.m. Approved at the August 26, 2020 Regular City Council Meeting. Mayor Ed Dodd ATTEST: �w/MMC]�'�`��'�`^�,,�,,��� �J anette I6ams, - City Clerk -