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HomeMy WebLinkAbout08-26-2020 CC MinutesCm Cf SEBAT'N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, AUGUST 26, 2020 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Dodd called the Regular City Council meeting to order at 6:00 p.m. 2. Cantor Sara Kheel, Temple Beth Shalom, gave the invocation. 3. Vice Mayor Mauti led the Pledge of Allegiance. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill Council Member Pamela Parris (via Zoom 6:23 pm) Citv Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams CFO/Administrative Services Director Ken Kilgore Airport Director Scott Baker Community Development Director/CRA Manager Lisa Frazier Deputy Police Chief Greg Witt 6. AGENDA MODIFICATIONS - None 7. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 20.095 A. Proclamation - Hunaer Awareness Month - September 2020 - Sherry Siegfried. Director of Client Services. Treasure Coast Food Bank Mayor Dodd read and presented the proclamation to Ms. Siegfried who reported the need for food has increased 200% since the pandemic. She invited the public to acquire more information at hftps://stophunger.org. Brief Announcements September 5 - Fireworks Over the Lagoon — 8:30 p.m. Mayor Dodd invited the public to the fireworks presentation scheduled for September 5' . 8. PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 201912020 AMENDED ANNUAL ACTION PLAN THROUGH ADOPTION OF RESOLUTION NO. R-20-16 Regular City Council Meeting August 26, 2020 Page 2 20.003 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2019/2020 AMENDED ANNUAL ACTION PLAN, RECOGNIZING RECEIPT OF ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AUTHORIZED BY THE CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT (CARES ACT), AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND TRANSMIT ALL DOCUMENTS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. Mayor Dodd opened the public hearing at 6:08 p.m. and the City Attorney read the title of Resolution No. R-20-16. The Community Development Director said an amendment to the 2020 Action Plan was required to receive the additional $74,000 from the CARES Act. Corbett Alday, Guardian Resource Management, said this CDGB public hearing was to receive public input on the amendment to the action plan. He described how the money can be used to benefit low to moderate income people. He displayed a PowerPoint presentation. (See attached) He said the City's two eligible elements included affordable housing and public facilities, which in this case would be the sidewalk replacement underway in the CRA District. Louise Kautenburg said she was happy to see this as many homes in the Schumann area were built in the 70's and 80's and they have Union Pacific electrical boxes which are a safety hazard. In response to Council Member Gilliams, Mr. Alday explained the administrative fees included monitoring all aspects of the program in compliance with the HUD guidelines. The Community Development Director said the previous City Council wanted to include public facility infrastructure improvements, housing, safety aspects, and parks in the Five Year Consolidated Plan. In addition, the previous Council adopted an Annual Action Plan that included Improvements to the North Central Sidewalk Program which is part of a pedestrian loop that has a far reaching effect for the community. She said the additional CARES Act money would go towards housing for the seniors, disabled, and veterans. She also said the work would be done by contractors and the Building Department would ensure the work is done to the code. Mayor Dodd stated there would be an orientation tomorrow for any contractors who might be interested in being on the list as well as for homeowners that might need assistance. The Community Development Director stated her department would be taking in the applications. Regular City Council Meeting August 26, 2020 Page 3 MOTION by Council Member Hill and SECOND by Mayor Dodd to approve the amended CDBG Action Plan for FYI 9/20 through the adoption of Resolution No. R- 20-16. Mr. Alday stated the CDBG program was not affiliated with the SHIP Program. 20.003 The Community Development Direct formally announced that CDBG funding was available from HUD for the purpose of housing rehabilitation for very low to moderate income individuals and families that reside in owner occupied residences within the legal limits of the City; and contractors interested in bidding to provide the home improvement services should be registered with the City. 9. CONSENT AGENDA A. Approval of Minutes - June 24, 2020 Regular City Council Meeting B. Approval of Minutes - July 1, 2020 Special City Council Meeting C. Approval of Minutes - July 7, 2020 Special City Council Meeting D. Approval of Minutes - July 6, 2020 Regular City Council Meeting E. Approval of Minutes — July 13, 2020 Special City Council Meeting F. Approval of Minutes - July 22, 2020 Special & Regular City Council Meeting 20.094 G. Approve Agreement between the Sebastian Charter Junior High, Inc. and the City of Sebastian and for a School Resource Officer and Authorize the Mayor to Execute Appropriate Documents (Transmittal, Agreement) MOTION by Council Member Hill and SECOND by Mayor Dodd to approve Consent Agenda Items A — G. Roll call: Council Member Gilliams - nay Council Member Hill - aye Council Member Parris - aye Mayor Dodd - aye Vice Mayor Mauti - aye Motion carried. 4-1 10. COMMITTEE REPORTS & AP, INTMENTS committee rep s and nor em er region committee reports. No public input or action except /or City committee member nominations and appointments under this heading. Council Member Gilliams reported that he attended the Affordable Housing Committee earlier in the day where he learned there is additional CARES Act funding for those who need assistance in paying rent as well those paying a mortgage. More information could be obtained from the Indian River County website. He noted the United Way and the Florida Housing Finance Corporation also have funding available. Regular City Council Meeting August 26, 2020 Page 4 In the mid -County region, Council Member Gilliams said the County has purchased a piece of property to put up 55 single family homes for low and medium income individuals. He also reported that at the August County Commission Meeting, the Economic Development Council stated there is a revolving loan available for businesses from the Treasure Coast Regional Planning Council. 20.049 A. Natural Resources Board (Transmittal, Applications, Ad, List) i. Fill One Expired, Regular Member Position —New Term to Expire July 1, 2023 ii. Fill One Expired, Regular Member Position —New Term to Expire July 1, 2023 iii. Fill One Expired, Regular Member Position — New Term to Expire July 1, 2023 iv. Fill One Expired, Alternate Member Position — New Term to Expire July 1, 2023 MOTION by Council Member Hill and SECOND by Council Member Parris to appoint Nicole Mosblech, Charles Stadelman, and Thomas Carrano to the regular member positions; and Marcus Bradley to the alternate member position passed with a voice vote of 5-0. 11. UNFINISHED BUSINESS 20.002 A. Presentation of Proposed FY 2020-21 Budget and Capital Improvement Program (Transmittal, PPT, P&Z Minutes)(Draft Plan hthp://Dublic.citvofsebastian.oro/PDFs/202l Budoet/20200624 DraftBudaetBOOk.odfl The Chief Financial Officer displayed a PowerPoint presentation with an update to the general fund budget and revenues that he presented on July 22n°. For the FY20/21 draft budget, he explained there would be no changes in personnel; operating expenses would decrease by $161,000, capital spending would decrease by $125,000 there would be $4,691 less to transfer to other funds. Overall the draft budget would decrease $302,408 in the next fiscal year. He spoke on the revenue assumptions noting that the City should be cautious as they enter into next year given the coronavirus. He went over the enterprise and special revenue funds and briefly described some of the planned projects by the departments. On slide 21, he outlined the effect of a 3.1514 vs. 2.9399 millage rate increase on a $250,000 home. On slides 23 to 26, he outlined other considerations for Council to consider. He noted if the budget needed to be modified, it would likely result in a reduction of services. He said the City is balanced with a budget of 2.9399, if any concerns happen they may want to consider the 3.1514 millage rate but they didn't have to make a decision until September 10 with the second budget hearing to be scheduled within 15 days of the TRIM notice. Public Input Andrea Ring asked Council to make the taxes as low as possible for those not making money. 7:05 pm Regular City Council Meeting August 26, 2020 Page 5 Council Member Hill said he will always get the millage rate as low as he possibly can but is the first time in 16 years that they have so many things hanging out there where we don't know what is going to happen. He said he is looking to keep taxes as low as they possibly can while still looking out for the City. Vice Mayor Mauti commended the CFO. In response to Council Member Gilliams, the CFO explained: -the $700, 000 from the Building Fund was for improvements to the Golf Course Restaurant -the administrative assistant position for the Building Department is to be full-time -the $176, 000 local option gas tax will pay for road/street equipment such as a front end loader, sidewalks, school zone lights -$146, 000 for the 2002 bond issue was to resurface roads -discretionary sales tax will purchase ten police vehicles -local option gas tax and DST funds will pay to repair/reconstruct roads -the matching funds for Hangar D will come from DST funds -$500, 000 is allocated for the parking lot and sea wall and maintain Crabby Bills in the Working Waterfront -as each park is upgraded, handicapped equipment will be added -the Stormwater Utility Fund will pay for multi heads for the excavators for manual vegetation removal -the stormwater utility debt is to continue paying for the Collier Creek seawalls -the Stormwater Master Plan will show what needs to be done and help with FEMA and federal funding Council Member Gilliams said he was disturbed with the 12% increase in taxes; they should take a leadership role and cut where they can cut. Mayor Dodd said for three years now they have hit or met rolled -back but this year it won't be possible. He said they should look at 2.9399 to see if they can meet all of their obligations. He thanked the CFO for doing a good job with managing the money. 12. PUBLIC INPUT 7:33 pm Mayor Dodd reminded the public that there is an election coming up and asked everyone not to campaign. Frank Nolan, Barber Street, said he was thrilled that the CARES Act funding would help the elderly, disabled and veterans. Russell Herrmann, 586 Redwood Court, said most of the annexation speakers were asking for a slow -down in the process to receive more information; the judicial panel found the annexation seriously wanting. He said the three new council members have been harassed by the recall group. Mayor Dodd asked Mr. Herrmann not to get into the campaign realm. Council Member Gilliams asked for a Point of Order. Mr. Herrmann continued to say the water quality issue and lack of transparent government have not provided for enough progress. Regular City Council Meeting August 26, 2020 Page 6 Kathy Cline, Sebastian, said the contact information for each member is listed in the Sunday paper to find out how they stand on the issues. She will vote to retain Charles Mauti. The City Attorney noted Ms. Cline began to campaign (which is prohibited) but she moved on. Michelle Morris said she did write to Vice Mayor Mauti but never heard back from him. She said the facts are the facts, the recall group is concerned with the community, three council members have been charged —two criminally along with two civil infractions. Patricia Mandrel said the City is in turmoil because there is a recall movement to overturn three candidates who won the November election fairly. Mayor Dodd advised that Ms. Mandrel was crossing the boundary. Council Member Gilliams called for a Point of Order stating he would be happy to listen to the recall group speak if Mayor Dodd let all comments be heard. Mayor Dodd announced there would be a donnybrook allowing everyone to speak. Mayor Dodd called for a break at 7:48 p.m. and reconvened the meeting at 7:58 p.m. All members were present. Council Member Hill cited Resolution No. R-20-02, Section 3: Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in sanctions Imposed by the Chair including expulsion from the meeting. Decisions by the Chair may be appealed in accordance with Section 3 above. and asked Mayor Dodd to have the majority of Council overrule him if he chose to gavel a speaker. Patricia Mandrel continued to say that a lot of her comments are in regard the recall and agreed to let Mayor Dodd stop her if her comments led to influencing people to vote one way or the other. She asked the public to get the other side of the story before voting because the very person that has their best interest in mind, Charlie Mauti, is being recalled. Mayor Dodd advised her that she has moved into the campaigning mode. Council Member Gilliams called for a Point of Order claiming that Mayor Dodd had violated the rules. The City Attorney advised that Mayor Dodd had not violated the rules —Council can vote to suspend the rules --but Ms. Mandrel had crossed the line into campaigning. Council Member Gilliams stated he wanted Ms. Mandrel to continue with her speech. The City Attorney said he would speak up if he heard Ms. Mandrel cross into campaigning. Mayor Dodd said the thing he was trying to do was not spend time campaigning in the public arena. Regular City Council Meeting August 26, 2020 Page 7 Vice Mayor Mauti asked Ms. Mandrel to continue but refrain from commenting on the election. Patricia Mandrel said last November she was one of the 45 people who addressed council in opposition on the annexation, the people voted those council members out which is how democracy works. She asked the citizens if they wanted poisons in their waterways, do they want Sebastian to be Pt. St. Lucie North, and continue to be ignored by Council. Mayor Dodd advised her that in 2018 he proposed that the City stop using glyphosate and began the development of the Integrated Pest Management Plan so it was incorrect for her to say that he was in favor of spraying poisons. Ms. Mandrel's speaking time had expired at this point. Christopher Nunn thanked the CFO for the wonderful budget presentation and asked the public to pay attention to how long the Council meetings are lasting and how little is getting done. Clesson Hammond, Columbus Street, said everyone should be held responsible for what they have said. Patricia Mandel read a letter from Carolyn Sartain -Anderson outlining disability accessibility requests the City's buildings. (See attached) Bill Flynn, Main Street, said the recall group was started because of the illegal actions of three council members. He is aware that employees in this building are in fear of their lives because certain members have a propensity for violence and threats. He suggested there should be a metal detector at the entranceway. Andrea Ring, 407 Quarry Lane, said there are many fire hazards in the older houses (as mentioned by Ms. Kautenburg). Mayor Dodd said part of the CARES Act program might include having contractors check those homes. She said former City Engineer, Frank Watanabe, said he was going to make sure nothing was going to live in the canal system. In regard to the people who keep calling her they need to pay attention and get out to vote. Vera Render, 852 Mulberry Street, said the budget should be increased as opposed to taking from the $51M reserve. She said she was an informed resident and she was tired of people saying she was uneducated because they disagreed with her opinion. She invited the public to the candidate's forum tomorrow night to hear it from the candidates themselves. Zoom Input 8:32 pm Jason Miller, Sebastian, said he had a beautification issue at the corner of CR512 and US1. Michelle Cambridge, Sebastian, said Mayor Dodd was doing a great job and thanked the CFO for the great budget presentation. She asked that certain members stop questioning the cost of projects and when there are lawsuits going on. She encouraged the citizens to look at how the City has changed since the November election. Regular City Council Meeting August 26, 2020 Page 8 Vicky Turner said she wanted to refute a former speaker who said people were coerced in signing the recall petitions; she worked on the committee and at no time were people coerced into signing. Bob Stephen 150 Concha Drive, asked why the City was contracting with west coast businesses when there are businesses in Sebastian that need work. Joe Scozzari, 1401 Thornhill Lane, said the former speaker who spoke on shorter meetings noted they don't work when it comes to the budget. Cathy Clark, Sebastian, said she is receiving warnings for culverts that don't line up along her street. She noted the armadillo machine came through but it isn't helping the water flow which is backed up even more. She also noted there isn't any handicapped accessible equipment in the parks at the moment for the children. Mayor Dodd asked her to call the City Manager personally. 13. NEW BUSINESS 20.051 A. Resolution No. R-20-13 — Acceplinc the 3itl Quarter Financial Report and Recocnizinc Necessary Amendments and Adiustments to the FY 2019-2020 Annual Budcet (Transmittal. R-20-13. ReDort) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA APPROVING AN AMENDMENT AND RECOGNIZING CERTAIN 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. The CFO said each quarter staff comes to Council with the adjustments; there are no additional adjustments that need approval at this time. He said the reserve fund is slightly below $5M because of the decreased revenues the City has not received because of pandemic. He briefly outlined the fund summaries. The City Attorney read the title of Resolution No. R-20-03. Council Member Gilliams cited the number of hours the police volunteers give to the community and noted a citizens academy would help get people educated with their government. MOTION by Council Member Hill and SECOND by Vice Mayor Mauti to approve Resolution No. R-20-13 passed with a unanimous voice vote of 5-0. 20.096 B. Resolution No. R-20-14 — Public Transportation Grant Acreement to Desion and Establish Sewer Services on the West Side of the Sebastian Municioal Aimort (Transmittal. R-20-14. PTGA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THE ESTABLISHMENT OF SEWER UTILITY SERVICE AIRPORT WEST SIDE AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting August 26, 2020 Page 9 The City Attorney read the title of Resolution No. R-20-14. The City Manager said this was to expand the sewer system line along the west end of the airport that will help make the airport more economically feasible. MOTION by Council Member Hill and SECOND by Council Member Gilliams to approve Resolution No. R-20-14 Council Member Gilliams suggested that the County provide future matches for sewer improvements. Council Member Hill noted the importance of installing the sewer system with regard to the development of the airport. Roll call: Council Member Parris - aye Mayor Dodd - aye Vice Mayor Mauli - aye Council Member Gilliams - aye Council Member Hill - aye Motion carried. 5-0 20.097 C. Resolution No. R-20-15 — Public Transoortabon Grant Agreement to Design and Conduct Square Hanaar Site Develooment Work at the Sebastian Municipal Airoort (Transmittal. R-20-15. Acreementl A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR SQUARE HANGAR SITE ENGINEERING AND DEVELOPMENT AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Resolution No. R-20-15. The City Manager said this was in furtherance of the Airport Master Plan which will bring general aviation into the airport. MOTION by Council Member Hill and SECOND by Council Member Gilliams to approve Resolution No. R-20-15. Council Member Gilliams commended the Airport Director and City Manager for receiving this money. Council Member Hill thanked the Airport Director because this too, is important for the west side of the airport. Mayor Dodd noted since the City won't be annexing anybody on that side, it could be considered the City's commercial development area that will enhance the economy and bring jobs. Roll call: Mayor Dodd - aye Vice Mayor Mauti - aye Council Member Gilliams -aye Council Member Hill - aye Council Member Parris - aye Motion carried. 5-0 Regular City Council Meeting August 26, 2020 Page 10 14. CITY ATTORNEY MATTERS - None 15. CITY MANAGER MATTERS 9:01 P.M. The City Manager asked everyone to keep Louisiana and Texas in our thoughts because Hurricane Laura was heading towards them tonight as a category 5 hurricane. He reported that there is still money available for businesses and their employees from the CARES Act. He said that he and the CFO were looking into expending some of the funds to assist those in foreclosure. Mayor Dodd asked if a membership club was eligible such as the Italian American Club. The City Manager suggested that they should apply. Council Member Parris said businesses are having trouble entering information on-line to apply for this grant. The City Manager asked her to let the businesses contact him directly for assistance. 16. CITY CLERK MATTERS - None 17. CITY COUNCIL MATTERS A. Vice Mayor Mauti asked to go back in time stating his wasn't sure misinformation was presented by the council members. He read a three page letter into the record. (See attached) There was no objection to a MOTION by Mayor Dodd and SECOND by Council Member Gilliams to extend the meeting to 10:00 p.m. B. Council Member Gilliams said if the recall group waited one more day to turn in the petitions, the City could have saved $40,000 and held the recall election with the November 3 general election. He said the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has been called to his business five times when all they had to do was pick up the phone to ask about his food license. He noted the qualifying period was open for the November 3, 2020 General Election. As a business owner, he said that he did receive a $5,000 grant from the CARES Act and wanted the community to know that he has paid his taxes. He said the meeting that was held on April 22 was scheduled twice, the City Manager said he was entitled to the meeting, it was in the chambers and recorded but everyone is calling him a convicted felon in regard to the meeting. He found it disturbing that the Sebastian Daily was helping two members get on the dais. He said he didn't receive an invitation to the Sebastian Daily's candidate's forum scheduled for the following night. He thanked Larry Riesman for inviting him to the September 3 Press Journal candidate interview. Regular City Council Meeting August 26, 2020 Page 11 9:25 pm He asked the City Manager to figure out a plan to help those in the community who are losing their jobs and sleeping in their cars by getting local engineers together to put something together like a small tent city on the airport property where the people can be processed and given something to eat. He said Michelle Morris was incorrect in stating the April 22 was illegal meeting. In addition, he noted that he has a liquor license, real estate company, and property management company which cannot be owned by convicted felons so he asked that people quit slandering him. He said he welcomed Mr. Bass with the Graves Brothers Company to come back to Sebastian to be annexed and suggested that the City Manager waive the application fees. C. Council Member Hill stated if they didn't have Council Members violating the law, they wouldn't be having a special election that is costing $40,000. He said on July 22, 2020 City Council approved Resolution No. R-20-10, outlining the COVID-19 Recovery and Stimulus Plan application process and submittal to the County for pre -approval. He noted the last paragraph of the agenda transmittal stated, "assuming pre - approved by Indian River County, staff will quickly advertise availability and promptly accept applications and issue checks on a first come, first serve basis." There were two changes by Council to the application that evening. There was a citizen that asked what the time frame was that businesses could apply to which Mayor Dodd indicated there would be no applications until it was applied for to the County and advertised by the City Manager. Damien Gilliams voted yes. Council Member Hill read: F.S.112.3143(3)(a) No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained, other than an agency as defined in s. 112.312(2); or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer. Such public officer shall, prior to the vote being taken, publicly state to the assembly the nature of the officer's interest In the matter from which he or she is abstaining from voting and, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. He clarified if one of the Council Members were going to vote on something and there's a possibility that they will benefit financially, prior to the vote publicly state the nature of the Council Member's interest in the matter, then they have to abstain, let the attorney know, and file a memorandum with City Clerk within 15 days of the vote. He also read: F.S. 112.313(6) No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed to conflict with s. 104.31. He clarified if a Council Member has an agenda that isn't public yet, they can make copies of the agenda and distribute it for the benefit of himself and others. He also read: Regular City Council Meeting August 26, 2020 Page 12 F.S. 112.313(8) A current or former public officer, employee of an agency, or local government attorney may not disclose or use information not available to members of the general public and gained by reason of his or her official position, except for information relating exclusively to governmental practices, for his or her personal gain or benefit or for the personal gain or benefit of any other person or business entity. He said he was glad that Council Member Gilliams received his five thousand dollars but he believed all three statutes were violated and asked the Mayor, at direction of Council, draft a letter to Commission on Ethics asking for their opinion on the violation of the three statutes by Council Member Gilliams and ask them to impose any penalty they see fit. Mayor Dodd asked Council if there is a sense of Council to ask the City Attorney to develop a legal opinion on this issue. The City Attorney advised since he represents all members of Council, if they wanted to direct him to draft something to the Commission it would be better than an opinion coming from him. Mayor Dodd asked the members if they would like the Attorney to request an opinion from the Commission on Ethics: Roll call: Council Member Hill - aye Vice Mayor Mauti - aye Council Member Gilliams - aye Council Member Parris - aye Mayor Dodd - aye There was unanimous consent to request an opinion. The City Clerk stated that Council Member Gilliams did file a depository statement to receive contributions and make expenditures to retain his seat in the recall effort. D. In response to Ms. Morris' comment that she does not hear from certain members, Council Member Parris stated prior to sitting on Council, she did not receive responses from Council Member Hill. Council Member Parris incorrectly thought that Council Member Hill worked for the Sebastian Municipal Golf Course or the company that manages the Golf Course, International Golf Maintenance, Council Member Parris asked why the Planning and Zoning Commission was asked if they approved the Public Works Facility. The City Manager said it wasn't approval but if the building fit into the Comprehensive Plan from a planning prospective. She suggested they use some of the CARES Act for the homeless. E. Mayor Dodd apologized for outburst but he gets sensitive when someone calls him a liar and misinterprets his intentions. He said he did meet with Carolyn Anderson and another individual who stated the City had to bring every building in the City up to the 2010 ADA Code which is not a correct statement. Regular City Council Meeting August 26, 2020 Page 13 At the meeting, he and the City Manager were being told that the City had to spend hundreds of thousands which is not required unless modifications for repairs or a replacement is planned. At the meeting they agreed that adding push button doors on City Hall and the Police Department would be valid but they were not willing to reconstitute the Disabilities Advisory Committee, which was sunset by City Council, with that individual in charge who believes that hundreds of thousands of dollars are needed to be spent to meet Code which the City doesn't have to meet. Mayor Dodd said he was not opposed to Council Member Gilliams applying for the grant but it was improper for him to apply prior to the City receiving approval from the County. In regard to the annexation comments, he noted the only thing the judicial panel could find wrong was the absent five acres in the map published prior to the public hearing. He noted the panel did not find the procedures violated, each side was given ample time to present their case, including Mr. Bass. He also said he and the previous Council was aware that the annexation agreement provided for the attorney's fees to be paid by the applicant if there was a challenge. He said it was disjointed and discourteous for people to continue with the fallacy that started last August —the annexation is done. Even though the Vice Mayor used his name, he was not aware of who put out the number of houses the annexation would bring. Mayor Dodd said on April 22 of this year, three council members held a meeting illegally, it's that simple and anybody that doesn't believe that was the case is not looking at the facts as he was present. He was hoping they could get past the bickering and move -on with business, it bothers him that people use his name with untruths and misrepresenting the facts. 18. Being no further business Mayor Dodd adjourned the Regular City Council Meeting at 9:47 p.m. Approved at the September 23, 2020 Regular City Council Meeting Mayor Ed Dodd f ATTEST toerte Williams, M - ity lark� Amendment to the Action Plan City of Sebastian and Guardian Community Resource Management, Inc. August 26, 2020 Community Development Block Grants r> National Objectives Benefit to LMI persons r> Census or survey for indirect benefit Income verification for direct benefit Elimination of slum and blight Urgent needs 0a CARES ACT i . Coronavirus Aid, Relief and Economic Security Act 2. Additional funding of $74,778 Assist the public in dealing with the COVIDI9 4. Funds will be added to the Housing Repair program to make staying at home safer for the elderly, disabled and veterans. 0 Consolidate Plan Summary Housing: Promote affordable housing for seniors, veterans and the disabled CD through homeownership repairs. aMM„R Public Facilities: High priorities for community/senior centers renovation, ;;;; sidewalks, crosswalks and trails construction and renovation, all-inclusive playgrounds, acquisition in support of public facilities and crime prevention through environmental design (CPTED). e Entitlement Community Development Block Grants - Budget Activity Amount Sidewalk Repair/ Replacement ADA CRA I Veterans, Elderly and Disabled Administration Activity 1- Sidewalks PROJECT 1 - PUBLIC FACILITIES, LMI AREA (CENSUS TRACTS OF 51 % LMI) ► Sidewalk Repair/Replacement (North Central Avenue) ► Description: Engineering design and construction of an ADA sidewalk. Replaces a blighted, crumbling downtown sidewalk. ► National Objective: Slum and Blight Area ► Outcome Statement: Eliminating blighting influences and the deterioration of property and facilities. Benefit to LMI Census Areas. Activity 2 - Home Repairs PROJECT 2 - HOME REPAIR PROGRAM FOR VETERANS, ELDERLY AND THE DISABLED ► City Wide application for LMI Veterans, ♦ sr Elderly and the Disabled/ ► Description: Provision of home 4 , rehabilitation work targeted for veterans. Home repairs may include rehabilitation to make the improvements �' I for someone with disabilities. ► Service Area: City-wide ► Outcome Statement: Benefit to two LMI households with priority to VLI and LI veterans, elderly and disabled. The City of Sebastian Action Plan Amendment Questions Thank You 9 2021 Budget and Capital Program Presentation on Draft 2021 Budget _, i►�:,AGii aa. Prepared By: Ken Killgore Administrative Services Director/CFO 2021 Budget and Capital Program o Changes to General Fund Budgets. o Changes to General Fund Revenues. o Enterprise and Other Funds. oOther Considerations and Proposed Millage Recommendation. General Fund Personnel Additions/Deletions o No Full-time Additions o No Full-time Deletions o No Part-time Additions o Part-time Deletions: Leisure Services - Asst. Recreation Supervisor Leisure Services — Maintenance Worker I 91, Draft FY2021 General Fund Budget Versus Current FY2020 Budget $ (11,060) Personnel Costs (161,429) Operating Expenses (125,228) Capital Spending (4,691) Transfers to Other Funds $ (302,408) Decrease in Budget i Personnel Down $11,060 o Zero Provided for Pay Increases. o Health Insurance Premiums Down 3%. o No Increase in Full -Time Employees. o Decrease of 2 Part-time Employees. o $37,600 Provided for Retirement Payout. o $51,632 Provided for Added Responsibilities. o Zero Funding for Holiday Bonus or Incentives. What's Included? — Revenue Revenue Assumptions Sharing Up {� Significantly. o Franchise Fees and Utility Taxes Looking to be Equal to 2019 This Year. Assuming Collections Improve and 4.5% More is Received for 2021. o State Revenues - /z Cent i3 gun "Ame Mo°rth in Assuming This Improves and 4.5% More Received for 2021. o Assumed $50K Reimbursement for COVID-19. 0 33% Property Tax, 11% Franchise Fees, 18% Utility Taxes and 18% State Revenues Equal 80% of Total Revenues. 0 Enterprise Funds: Golf Course o Assuming 4.5% More Revenue than 2020. o $30,000 for Restaurant Lease. o $106,135 for Airport Rent. o Paying $38,366 Principal and Interest on $700,000 Building Fund Loan. o Paying $35,000 Toward General Fund Loans. o Forecasting Long-term Reduction in Deficit. Enterprise Funds: Airport o Added Revenue from Property Rentals. o Covering Personnel and Operational Cost. o Paying off $150,000 General Fund Loan. o Paying Scheduled Amortization of Loans from Discretionary Sales Taxes. o DST Funds for Matching Requirements on Grants for a Taxi Lane and to Establish Sewer Service on West Side of Airport. 0 Enterprise Funds: Building o Budgeting Minor Decrease in Revenues. o Adding Administrative Assistant. o Covering Personnel and Operational Cost. o Making Improvements to Front Counter. o Expecting $38,368 for Principal and Interest on Golf Course Loan. G Special Revenue and Other Funds: Special Revenue Funds Now Looking o Local Option Gas Tax: More Normal Assuming Collections Improve and Equal 2020. $400,000 Allocated for Road Resurfacing. $100,000 Allocated for Sidewalks. $81,000 Allocated for Roadway Signs. $176,000 Allocated for Equipment. $243,340 for Payment on Notes. ($591,000 Outstanding at 9/30/2020. Matures in 2022. 10 Special Revenue and Other Funds: Special Revenue Funds o DiscretionarySales Tax: Collections Down But Should Meet 3:796 Ifl Assuming Collections Better & Up 4.5% 2021. • Allocations to MIS and Police Vehicles. • $500,000 for Road Reconstruction Work. • Harrison St. Plaza/Design of N. Central Plaza. • Tree Protection Plan. Canal Restoration. Slip Lining • Economic Development Hangar. • May Defer Projects If Collections Not Adequate. 11 Special Revenue and Other Funds: Special Revenue Funds o Riverfront CRA Fund: 4% Increase in Taxable Values. Landscaping/Parking Improvements and Repairs at Working Waterfront. Special Events and Sign Grants. Expecting No New Sewer Connection Grant Funds Needed for 2021. Allocation of CRA Manager Cost. of Landscaping Contract. 12 Special Revenue and Other Funds: Special Revenue Funds o Recreation Impact Fee Fund: Fully Allocating the Available Collections. Unspecified Improvements ($5K per Zone). Additional Park Signage. Completing Barber Street Bleachers. Playground Improvements (Including All Inclusive Features). Future Projects Dependent on Collections. 13 Special Revenue and Other Funds: Special Revenue Funds o Stormwater Utility Fund: Fees Covering Ongoing Personnel and Operational Cost. Includes Equipment Replacements. $100,000 Allocated and Culverts Work. for Roadway Swales of Landscaping Contract. $200,000 Allocated for Developing an Updated Stormwater Master Plan. 14 Special Revenue and Other Funds: Special Revenue Funds o Law Enforcement Forfeiture Fund: Used Only for Unbudgeted Items. Specific Items Need City Council Approval. Current Balance is $32,700. o Parking In Lieu Of Fund: Expecting $57,835 Year End 2020 Balance. $3,000 in 2021 on Crab Stop Agreement. 15 Special Revenue and Other Funds: Special Revenue/Trust Funds o Cemetery Trust Fund: of Sales Expendable on Expansions or Cost Incidental to Adding Future Sites. oFunding Columbarium Niches. of Sales on Operations and Maintenance. oAllocation for Equipment, Driveway Resurfacing and Grounds Improvements. oTransferring $85K to General Fund, Then $90K in Future Years. 16 Special Revenue and Other Funds: Debt Service Funds o Stormwater Utility Debt Service: Includes Required Bank Note Payments Which are Paid by Discretionary Sales Tax. $782,000 Outstanding as of 9/30/20. Final Maturity on 5/01/22. 17 Capital Improvement Program o $27.6 Million Over 6 Years. $5.8 Million Next Fiscal Year. $23.2 Million Last Year. o Largest Items for Next Fiscal Year: $900,000 Street Repaving/Reconstruction. $200,000 Stormwater Master Plan. $500,000 Canal Restoration. • $569,264 New Taxi Way at Airport. e $1,000,000 Sewer Services at Airport. 18 Property Values and Millage: Certified Taxable Values o Rolled -Back Millage is 2.8091. Budget Assumes Same 2.9399 as This Year, A 4.66% Increase. o Total Certified Taxable Property Values Increased $99,290,047 or 7.18% Above 2020. Additions Account for $33,685,698 or 2.44% of the Increase. Reassessments Account for $65,604,349 or 4.74% of the Increase. o Last Year's Millage of 3.1514 Would Increase Revenues by $300,917 Over the 2.9399 Millage Currently Assumed in 2021 Budget Draft. 19 Property Values and Millage: Taxable Value Additions Dollar Value of Tax Roll Additions: 2020 33,685,698 2019 23,351,814 2018 151998,366 2017 35/951/704 2016 25,763,700 2015 25,492,245 2014 19,914,805 2013 9/435/090 Tax Roll Additions Yield $95,071 of Added Revenue for 2021 at the 2.9399 Millage). 20 Property Values and Millage: 3.1514 Mills Versus 2.9399 Green = Changed Taxes at 2.9399 ASSESSED VALUES TAXABLE VALUES TAXES $6 and $59 CHANGE (8.6%- 17.9%) ASSESSED VALUES TAXABLE VALUES TAXES $8 and $73 CHANGE (8.5%-18.0%) ASSESSED VALUES TAXABLE VALUES TAXES $9 and $88 CHANGE (8.6%- 17.9%) 1. 0322% On Homestead 2.9399 3.1514 $200,000 $202,064 $150,000 $152,064 $441 $479 $38 $250,000 $252,581 $200,000 $202,581 $588 $638 $50 $300,000 $303,097 $250,000 $253,097 $735 $798 $63 10% On Others: 2.9399 3.1514 $200,000 $220,000 $200,000 $220,000 $588 $693 $105 $250,000 $275,000 $250,000 $275,000 $735 $867 $132 $300,000 $330,000 $300,000 $330,000 $882 $1,040 $158 21 4.0000 3.9000 \ V 3.8000 3.7000 3.6000 S a 3.5000 m e 5 3.4000 a City of Sebastian Yearly Millage Setting Final Less Than Roil -back 3.3000 S- a ` m _ 3.2000 - -- - -- e 3.1000 - - - - - 3.0000 JL Final Less Than Proposed Final Same As Proposed Final Less Than Proposed 2.9000 2.8000 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 - Rolled- Back 3.0519 3.2121 3.3646 3.8038 3.9019 1 3.7311 3.5646 3.7398 3.5446 3.6290 3.6700 3A939 3.1514 IN Proposed 3.0519 3.0519 13.3646 3.8038 3.5940 3.3041 3.7166 3.7166 3.8556 3.8556 3.8556 3.8000 3.4000 j ■ Final 3.0519 i 2.9917 13.3456 3.3456 3.3041 13.3041 3.7166 3.7166 1 3.8556 3.8556 3.8000 3.4000 3.1514 2020 2.9399 3.1514 2.9399 fa Other Considerations o Labor Agreements Negotiations. o Hurricane Season. o Legal Settlements. o Additional Experience of Virus Effect Revenues — Might Adjust Revenue Estimates. o Assumed Better Revenues by October 2020. o Balanced by Optimistic Revenue Estimates, Cutting Pay Increases, Cutting Operating Accounts and Funding Capital Items with Other Funds or Deferring Them to Next Year. 23 f; Options on Millage j.' o Levy Rolled -Back Millage of 2.8091— 0%: Requires $186,240 of Expense Cuts - No Pay ' Increases and Reduction in Level of Service. Balance Budget by Using Reserves. o Levy Same 2020 Millage of 2.9399 — 4.7%: Draft Budget is Balanced With No Reserves. No Provision for Pay Increases. o Levy Same 2019 Millage of 3.1514 — 12.2%: Allows $300,917 Contingency for Less Revenues. Room for Labor Negotiations/Pay Increases. Some Cushion for Legal Fees/Settlements. 24 Options on Pay Increases o 2.0% - $145,471 Added to General Fund: Requires $145,471 of Expense Cuts and Reduction in Level of Service. Or Balance Budget by Using Reserves. o 2.5% - $183,307 Added to General Fund: Requires $183,307 of Expenditure Cuts and Reduction in Level of Service. Or Balance Budget by Using Reserves. o 3.0% - $215,024 Added to General Fund: Requires $215,024 of Expenditure Cuts and Reduction in Level of Service. Or Balance Budget by Using Reserves. 25 Concerns Regarding Proposed Millage o Budget Balanced at 2.9399 — 4.66% Tax Increase But There Are Concerns: Projected Revenues May Be Optimistic. No Room For Labor Negotiations. No Allowance For Legal Actions. Further Cuts May Reduce Levels of Service. o Only Option Will Be Using Reserves: • Now Close to $5 Million Level. • Could View Virus in Same Light as Hurricanes. But ... With Hurricanes, FEMA Replaces Reserves. Must Avoid Use of Reserves for Recurring Cost. 26 Recommendation on Proposed Millage o Rcccrnme-nd Proposed Millage -Bre, Approved at 3.1514 (2019 Rate). o b-c Advertised as a 12.19% Tax Increase. o May Still Need Expenditure Cuts or Need to Use Some Reserves. At Least Offers Some Ability to Cover Uncertainties Between Now and the Public Hearings Held in September. o Budget Balanced at 2.9399 Millage. Labor Negotiations and Revenue Projections May Require the Higher 3.1514. o No Votes Needed on Budget Until 9/14/2020. 27 Good evening Mayor Dodd, Vice Mayor Mauti , Council Members, I have asked Kathy Cline to read my statement under Public Input at this evening's meeting. My name is Carolyn Sartain Anderson, a resident of Sebastian, currently at my family home on Long Island. Since 2004 1 have been an active participant within the Community/supporting events and volunteering. I was one of 3 residents, along with Ms. Coy who wrote the 501 c.3 which established the Sebastian Senior Activity Center. I was elected the 1st President by the membership. I have served on 2 Charter Review Committees in 2011, where you became my mentor Ed Dodd, and held you in high regard, also served in 2016. 1 tried unsuccessfully, with 2 other residents, to bring Wreaths Across America to our City; which finally happened, with new folks, in 2019. 1 served on the FSL Committee and during Joe Griffin's tenure as City Manager resurrected the defunct Handicapped Committee, as the Disabilities Advisory Committee and served on the Board .... which has not met since Mr. Carlisle was hired. My participation in this Community as a disabled woman, overcoming daily adversity, gives folks an idea of my commitment to Sebastian. Mayor Dodd, this past February I requested a 1:1 meeting to discuss issues of concern to me/others. We met on F, February 7 for nearly 2 hours at City Hall. One of my major concerns was for you and the City Manager, to reactivate the Disabilities Advisory Committee immediately, to address issues pertinent to our citizens. You and Mr Carlisle had already received letters from a Sebastian resident, far more knowledgeable than you all with the ADA (Americans with Disabilities Act) citing concerns. You shared your concern, with me, that this individual might over step bounds regarding the City's obligation to be in compliance with ADA and use the Disabilities Advisory Committee, as a platform. Although I shook your hand at the conclusion of our meeting, I was deeply saddened that you would side with politics and not side with me on behalf of the folks with disabilities in our Community. My regard for you , Mayor, was lowered, by what I perceived as arrogance/ignorance and politics. Mayor Dodd, on March 3, 2020 1 met with you, City Manager Carlisle and the City resident ADA expert, aforementioned. Since I had previously not met Mr. Carlisle, I began the meeting by introducing myself/ my speech disability. balance issues, and not being able to enter the Chamber, without assistance since I moved here, 16 years ago! I want to feel empowered. We, who are disabled want to preserve our independence. A simple handicapped button, to open the Chamber door is all that's needed. Sadly, neither you Mayor or the City Manager'heard our voices'; you were both concerned about the legalities of ADA regarding the City, defending your compliance, as well as finances. There was NO reactivating the Disabilities Advisory Committee. Your parting words were, 'we'll get back to you'! I've never left a meeting regarding ADA having dealt with such total incompetence in my life as a Special Educator/ Administrator. Mr Mayor/Mr Carlisle, it's now August 26th, almost 6 months later, 'we'll get back to you'. Mayor Dodd, I no longer hold you in high regard. Shame on you Mayor Dodd and City Manager Carlisle! Many residents of Sebastian have no idea of what a City Manager form of government is, what the Charter by which we govern is and think the Mayor is all powerful. Sadly Mayor Dodd, you have perpetuated this belief by your media questionable comments/interviews and by your attitude/behavior. Citizens of Sebastian, Ed Dodd was elected as a Council Member by the residents and has an EQUAL vote with the other 4 Council Members, an EQUAL vote! He was elected by the other 4 Council members last November, as Mayor, and serves a 1 year term. His duty as Mayor is to simply conduct Council meetings, represent the City at ceremonial functions. NO POWER, an EQUAL among the 4 other Council members. In closing, may I share my gratitude and praise to Vice Mayor Charlie Mauti, for his service to Sebastian, he garnered the highest number of votes last November, based on his exemplary resume; running independently from other candidates. Charlie always has done his homework/is an independent, out of the box thinker/ problem solver. Sadly, the Recall group lumped him into the mix. Residents of Sebastian, by recalling Charlie Mauti, the City is losing the expertise, integrity, and the most highly qualified man to ever serve on the City Council, not part of 'the good ole boy network'. Vice Mayor Mauti only has the best Interest in slow growth development, annexation and environmental concerns at heart. It's a very sad day for Sebastian. I hold Vice Mayor Charlie Mauti in the highest regard and am proud to call him a friend. with many thanks, carolyn COMMENTS AND RECOMMENDATIONS I have several comments to make that are important to understand what has brought us to this point in our service to the City of Sebastian and the cautions of which we must be cognizant so that we, the people, control our growth and development. First— I need to address Councilman/Mayor Dodd's comments when he was being interviewed by Andy Hodges of the Sebastian Daily News a) Councilman/Mayor Dodd said that "a lot of misinformation was presented by three council members." • He did not, however, make clear to the interviewer what the misinformation was that the three council members were presenting and what its source was. • He failed to account for the information/misinformation coming from the news media. o The information presented to myself and other Planning -Zoning Board Commissioners by city staff going back to July 2019 was presented as factual. o However, I learned at a later date that there was much information withheld from the Planning -Zoning Commission by city staff. The withheld information was critical in presenting the full picture of concerns raised by other governing agencies, environmental groups, our adjoining, sister communities. The Planning -Zoning Commissioners had no knowledge that this information existed and should have been included in the agenda packet. o Further, there was, however, much information reported by Janet Bagley, a reporter for the TCPalm, without supporting sources or details. o On June 28, 2019, Ms. Bagley writes "Environmentalists, County worry about the impact of possible 5500 homes developed" in Sebastian — where did this number of homes come from? o Another article (08/28/2019) by Ms. Bagley titled,"IRC wants to discuss present annexation with Sebastian"... In her second paragraph, she continues to say that the annexed land by Graves Brothers' companies could be up to 3500 homes developed -where did this data come from? o In another article in the TCPalm (in the commentary section of 9/29/2019), titled "Let's hold referendum to design a perfect paradise" — many of the questions raised by this commentary were cogent to the growth of Sebastian — a central question to be addressed is "What will be the impact of 3699+ homes? So, these newspaper articles were presenting information with no support to determine if one were reading accurate news or embellished information ... To attribute this news information to three council members, overlooking what the news media was reporting is a misattribution. Second, Ms. Kautenberg stated at the July 7, 2020 meeting that "nobody attended the well -advertised meetings to ask questions or provide comment. The city needs to go ahead with the annexation." It is interesting to note, however, at the 8/15/2019 Planning -Zoning meeting, Ms. Kautenberg prefaced the opening of the public hearing (Graves Brothers' company comprehensive plan, future land -use map) by stating: "Due to the large number of people attending this meeting, each person who wants to speak during public input will be limited to three minutes instead of the regular five minutes." Did she forget, Ignore or lie in her July 7, 2020 statement about poor attendance? Third, it was disappointing for me to learn that the three judge panel from the 190 circuit court IRC ruled on one issue of the Graves Brothers' annexation: the city failed to provide an accurate map of the land to be annexed. There are several other issues that are just as cogent in the Audubon Society's numerous other legal objections to the court. These was no analysis to support rejecting the other arguments, relating to process, procedure and substantive law. Thus, the question begs to be asked: "Why?" Councilman/Mayor Dodd failed to see the complexities of the Audubon Society's suit— he attributed the ruling to a "minimal error by staff", referencing the five -acre parcel. There was more to the suit than just the five -acre parcel omitted from the map. I believe Mr. Riesman summed up the issues quite well in his editorial: Sebastian's future hinges on election qualifying. • He points out the errors that incumbents Jim Hill and Ed Dodd "led the charge to annex the Graves Brothers' property without dotting their I's and crossing their 7's. • They were the ones who blew off their own Planning -Zoning Commissioners'3-3 stalemate vote on the issue. • They were the ones who failed, along with the Graves Brothers and the City staff to hold open meetings with Indian River County, concerned citizens and environmentalists, allowing rumors to fester and costly litigation to be filed. • They were the ones who disregarded the pleas of 42 of 45 folks who spoke at the final annexation hearing on August 28, 2019, saying they did not want it or asking for the vote to be tabled so issues could be further discussed. • They were the ones who let Jeff Bass, President, CEO and fourth generation Graves Brothers owner, speak for as long as he wanted, while putting a time limit on the hearing and Sebastian residents' comments." It is these Council Members who ultimately are responsible for staff errors that led to three circuit judges to overturn the annexation after an appeal from the Pelican Island Audubon Society. It is these Council Members who have caused the city to be billed at least $30,000 in legal fees... and the city might be on the hook for more fees. In addition, it is clear that the citizens who spoke of the cost the City would incur for the Audubon Society's litigation against the City spoke without knowledge or understanding of the annexation agreement. It is important to note that the annexation agreement, on pages 9 and 10, clearly states that the City shall have the right to employ counsel in any such case, with counsel being reasonably acceptable to the owner and fees and exoenses of this counsel shall be borne by the owner" should the City not Prevail. Well, the Audubon Society prevailed, not the City— Thus, the owner of the property shall bare the cost of the fees and expenses. Once again, people are speaking without knowledge of the facts and details of the matter. My fourth point: The citizens of Sebastian have the city in their hands. I ask that each of you and each member of the future City Council to review the new comprehensive plan ... This plan is the future of Sebastian. But as proposed increased density and smaller building lots will not bring affordable housing to Sebastian. Sebastian is a bedroom community where retirees come to live. Sebastian has no job market in Sebastian —no industrial or technology based. Shopping centers and proposed developments do not provide sustainable salaries. Uncontrolled growth leads to suburban sprawl. It is my opinion that the new comprehensive plan does not address the issue of growth. Do you, the citizens of Sebastian and the city council and city management want to turn Sebastian into another Ft. Myers or Port St. Lucie? We are into a new era because of a pandemic and ever-expanding technology. Our old ways are changing: people no longer go to the supermarket or the dry cleaners. The youth of today shop on-line for their automobiles, their education, and their daily meals. We need to adjust to these changing times. I ask that you • Always seek out supporting data and detailed information when confronted with broad -brush statements — do not be afraid to ask for explanations or additional facts. Your city council and city management owes you nothing less. • Soon, you will be presented with a new comprehensive plan, one that is more than two -years overdue .... Please examine it carefully o Ensure that the information in that new plan is factual, accurate, and comprehensive and wide-ranging so that it will serve the citizens now and into the future. o If low -to moderate income housing is the desired outcome, then we, the City Council and you, the citizens, must look to how we can increase the job market here in Sebastian beyond entry-level, service jobs. For example: • Let us seek some high-tech industries to build an R & D Complex here. This is where the future lies. • Let us seek a partnership with our colleges and universities for a classroom facility with R & D capacity, and outreach to our high schools and the community for extended learning. • Let us seek planned recreational, open space for our citizens for those capable as well as for those with a disability • Let us think of other alternatives rather than crowded housing if we want to become more than a bedroom community... There are many opportunities we can explore ... But, the city must be ready to partner with the land owners to achieve these future goals. Respectfully, Charles M. Mauti, City Council Member and Vice Mayor