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HomeMy WebLinkAbout09-09-2020 CC Minutesan Lf SEBASTIAN HOME HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, SEPTEMBER 9, 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. Pastor Seth Goldsmith, Coastal Community Church of Sebastian, gave the invocation. 3. Council Member Parris 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) Citv Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams CFO/Administrative Services Director Kenneth Killgore Police Chief Dan Acosta Police Lieutenant Tim Wood 5. AGENDA MODIFICATIONS - None PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS A. Proclamation - Suicide Awareness and Prevention Month — September — Accepted by Colleen Phillips. Communitv Relations Soecialist — Treasure Coast 211 Helplllne Mayor Dodd read the proclamation. Ms. Phillips thanked Council for recognizing that help is available so no one will have to suffer in silence. B. Proclamation — Constitution Week - September 17 — 23 - Accepted by Dr. Hollv Hamilton. Treasure Coast Societv Children of the American Revolution & Pelican Island Chapter. Daughters of the American Revolution Mayor Dodd read the proclamation and presented it to Delilah Daley, Emilia Daley, and Dr. Hamilton. C. Proclamation - Inflammatory Breast Cancer Awareness Month — October — Accepted by Dr. Hollv Hamilton Mayor Dodd read the proclamation and Dr. Hamilton invited the public to participate in the virtual Hunt for Hope this year to help fund research. Regular City Council Meeting September 9, 201-0 Page 2 7. CONSENT AGENDA A. Approval of Minutes — July 15, 2020 Special City Council Meeting MOTION by Council Member Hill and SECOND by Vice Mayor Mauti to approve the July 15, 2020 minutes passed with a voice vote of 5-0. 8. COMMITTEE REPORTS & APPOINTMENTS - None 9. UNFINISHED BUSINESS - None 10. PUBLIC INPUT 6:13 pm 6:31 pm Grace Reed, Sebastian, thanked Mayor Dodd and Council Member Hill for the wonderful fireworks show this last Saturday night. She noted that Council works for the residents and to ensure Council is working in their best interests, residents should become involved by attending board and council meetings and let their voice be heard during public input but most importantly to go out and vote. Russell Herrmann, 586 Redwood Court, reminded everyone why it is important to vote in the two elections that are looming. He said all eyes expect to see continued progress. Michelle Morris said they wouldn't be here if it wasn't for the April 22°d closed door meeting and lack of transparency; she said September 15`� election is a very important day and that she will see everyone at the polls. Andrea Ring, 407 Quarry Lane, said she was not afforded the ability to speak at the last budget meeting. She said she was afraid that if the council members change, the Integrated Pest Management Subcommittee would go nowhere. She urged everyone to vote "no." Council Member Gilliams, apologized on behalf of himself, to Mrs. Ring that she wasn't able to speak. Malcolm McCollum said if Sebastian doesn't grow, it will die; growth is inevitable. He also said the County has no plan to provide water and sewer to the Graves Brothers' property which is not contiguous to Fellsmere. He asked the voters to make their choice carefully on September 15d' because it will decide the population two decades from now. Sharon Herman, Sebastian, noted the sudden stop of the spraying of chemicals in the City's waterways have put the City back; she asked the public not to mix the annexation into the recall election because it is not on the table. She said if a property owner wants to sell and there is someone to buy, it's going to happen; the property will be developed. Zoom Input Robert Stephen said on the April 22"d meeting was not closed door meeting; he asked the Mayor if he was going to charge the taxpayers for the lawsuits when they start suing because the City is spraying more chemicals. Christopher Nunn, Sebastian, said the 6,600 people that responded to the recent annexation poll was twice of the 3,300 that chose the Council members in last the election. He said people understand what is going on and encouraged everyone to do their research and go out to vote. Regular City Council Meeting September 9, 2020 Page 3 Andrea Coy said Mr. Stephen needs to talk to the State Attorney's Office because the State Attorney thinks something was wrong with the April 22"d meeting, in addition to Judge Croom. She encouraged everyone to get out to vote. She thanked the Mayor for the fireworks. Patty Sullivan said she represents families with children who are planning to get more involved. She thanked the recall group for making an impact on the community. She encouraged everyone to vote yes on Tuesday. 11. NEW BUSINESS 20.093 A. Aoorove Revised Sbendina Plan for the Initial $924.322 Allocation from the Coronavirus Aid Relief & Economic Securitv (CARES) Act Fund (Transmittal) 6:53 pm The City Manager said this was an amendment to the City's original spending plan. He noted the City wasn't receiving many grant applications which is leading to the possibility that the funds would not be expended by their due date. He outlined the revised spending plan. The CFO reported that there are 12 outstanding business grant applications to process. Mayor Dodd asked if the City Manager would buy additional test kits and noted he distributed a contract tracing flyer because testing without tracing doesn't do too much. (See attached) Council Member Hill said he would rather see the money go towards rent and mortgage assistance than test kits right now. The City Manager advised these funds must be expended by September 30 and the next allotment would need to be spent by December 31. Council Member Hill said he would rather help people from losing their homes. With regard to helping with utilities, the City Manager explained that the funds are prohibited from being used towards a municipal utility but could be used towards for example, a FPL bill. Council Member Hill asked if it would it be feasible to allow the City Manager the ability to adjust the funding in these categories as he deems appropriate, based on the need going forward, so if they get to September and they used less funds for rent or business grants could they buy more test kits. The City Manager responded that if he reallocated funds and the County signed off on the amendment that is all he would need to satisfy the grant requirements. Council Member Gilliams said he could see the funds used for food delivery, distance learning, technology improvements, and expenses for the homeless population. He said he did not think sending the money to the County for mortgage and rent distribution would come back to Sebastian. He said he would also like to find a way to help businesses that don't have a storefront. MOTION by Council Member Hill and SECOND by Mayor Dodd to move approval of the revised spending plan while allowing for some leeway with the City Manager to make adjustments as he sees fit going forward and requiring at the last meeting of the month report back on what he has spent and how. 3 Regular City Council Meeting September 9, 2010 Page 4 6:57 pm 7:08 pm Council Member Parris said the testing kits are expensive and she liked the idea of reviewing the expenditures on the 23rd. Sherrie Matthews, Sebastian, said she applauded the efforts that Council is putting forward because the City is in need of relief. Christopher Nunn asked if a modification could be made for the businesses in Sebastian whose owners were not residents. The CFO explained a Sebastian business owner with a physical location is eligible for the business grant however, employees of the Sebastian businesses applying for the worker grant must be residents. Zoom Input Andrea Coy, Sebastian, said the last time they were voting on grants, a couple of council members filed for the grant and noted if they are considering to apply, they may want to declare a conflict of interest. Council Member Hill restated his motion: to approve the revised spending plan while allowing the City Manager to make adjustments to the line items based on the need of the public and return back to Council on September 23`d with a report on the revised plan. The City Manager stated what he was hearing from Council is to put the testing kit money towards the rent and mortgage relief and if that doesn't transpire bring it back to testing i kits. He stated currently, he will need to move some funds into the small business grants. Mayor Dodd said he was comfortable with the City Manager moving the funds. He said a third party organization was administering the County's rent and affordable housing program. Roll call: Vice Mayor Mauti - aye Council Member Gilliams - aye Council Member Hill - aye Council Member Parris - aye Mayor Dodd - aye Motion carried. 5-0 Council Member Gilliams stated he filled out a conflict of interest form and was abstaining from the vote. The City Attomey stated that was the incorrect procedure, prior to the vote Council Member Gilliams should have stated the nature of the conflict, refrained from participating in the discussion, and subsequently has 14 days to file a form with the clerk. MOTION by Mayor Dodd and SECOND by Council Member Hill to recall the previous motion. Roll call: Council Member Gilliams - aye Council Member Hill - aye Council Member Parris - aye Mayor Dodd - aye Vice Mayor Mauti - aye Motion carried. 5-0 51 Regular City Council Meeting September 9, 2010 Page 5 MOTION by Council Member Hill and SECOND by Mayor Dodd to approve the revised spending plan while allowing the City Manager to make adjustments to the line items based on the need of the public and return back to Council with a report on the revised plan. Council Member Gilliams stated that he has already received funds for his business and if additional funds become available; he did not want to have a discrepancy therefore he was abstaining. Roll call: Council Member Hill - aye Council Member Parris - aye Mayor Dodd - aye Vice Mayor Mauti - aye Council Member Gilliams - abstain Motion carried. 4-0 12. CITY ATTORNEY MATTERS A. Reoort on Commission on Ethics The City Attorney stated he was asked at the last Council meeting to obtain an opinion from the Commission on Ethics to which he received several options. He said the Commission does not issue formal opinions on acts that have already occurred; after something has occurred a complaint is filed by using Form CE50. He did not recommend filing a complaint because if anyone files a complaint against an officer and it fails, the respondent has the opportunity to argue to have their attorney fees paid and there is a high burden of proof. He suggested they may wish to censure however he would do whatever they recommend. Council Member Hill said the City Attorney's advice is a lot more than what he believed; there was no need to potentially put them in line for more litigation in the future. There was a consensus of Council not to take this matter any further at this time. 13. CITY MANAGER MATTERS - None 14. CITY CLERK MATTERS - None 15. CITY COUNCIL MATTERS A. Council Member Gilliams stated he wanted to respond to a few comments made during public input regarding the April 22 meeting. There were two scheduled meetings on April 22, the public was invited, the doors were open, and the meeting was taped and available on YouTube. He said he has operated under the Charter rules from day one. He apologized to Ms. Ring saying people should show appreciation to those that participate in City meetings. With regard to the annexation, he said there were a lot of environmental and conservation organizations that wanted to have say in the agreement. He said all parties, including the County, should have had a say in that annexation and he was in favor of bringing it back to the table. Regular City Council Meeting September 9, 20U Page 6 He noted the City is 80-85% built out with roads that need repaired before adding 1,100 acres of agriculture which won't bring in any revenue for 10-20 years. He thanked the City Manager for starting the stormwater master plan on track. He said he might have upset a few people in the community because he made a promise to get to bottom of the sugar sand surplus property and wanted those to know he wasn't done yet. He noted he kept his word on the spraying. He said everyone knows how he feels about developing on 60 ft lots; the lots should be a minimum of 80 ft. He was in favor of the new hangars at the airport. He would have liked to workshopped the engineering for the new Public Works Facility but he understood that he was out -voted. He thanked the community for giving him the opportunity to bring attention and people to the chamber to discuss the problems. B. Council Member Hill thanked everyone for showing up for the fireworks which was a shot in the arm to get them where they should be. C. Council Member Parris said she did fill out the CARES Act grant application but refrained from completing it when she found out that she didn't qualify. She said she would continue to work for the health and wealth of the community whether on dais or on the other side. D. Vice Mayor Mauti thanked everyone for showing up and for their support. E. Mayor Dodd said he also enjoyed fireworks. He said the comment that business was being done behind closed doors is completely false; he was here on April 22" d when the door was locked and people were not allowed to come in. He agreed that they have generated a massive amount of interest in the community and he hoped it doesn't die. He said the annexation went through seven public hearings and no one showed up. He was 7:32 pm excited about the level of public input and he congratulated the citizens for doing that. He said the Integrated Pest Management process will continue; it started in 2018 when Council directed the City Manager to make a plan, to which he did, and as a result a task force was implemented that has produced the first version. He stated they chose to direct the City Manager to use as little of glyphosate as possible to produce the best management practices which is where they are heading. Mayor Dodd said the recall would not have happened if there wasn't an illegal meeting on April 221d; they have to forward and consolidate the City and the Council. 16. MOTION Council Member Hill and SECOND by Vice Mayor Mauti to adjourn th0,Qpglular .-.__ _ City Council Meeting at 7:35 p.m. passed with a unanimous voice vote. Approved at the September 23, Regular City Council Meeting ATTEST: _ Mayor Ed Dodd eanette Williams, MMC - City Clerk APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1. L- `A `�`" l.-l-- "�`��'f ,hereby disclose that on r 4r 2d�, W-ND ��� u,20 >- �b (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of _ which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: �c,rt,Nr} Vir�S (1rf—(f" t jZ,,.�,-c-r fi �avnuw�t c /yr1T� tkkr r4- P14 I'•ie^� -L f yK C If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. C�.a zo Date Filed Signatur ;' NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $$10,000. CE FORM 8B - EFF. 1112013 Adopted by reference m Rule 34-7.010(1)(f), F.A.C. PAGE FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME —FIRST NAME —MIDDLE NAME NAME O BOARD, COUNCIL, COMMISSIONi AUTHORITY, OR COMMITTEE t L-L I IQ. j MArILINGADDRE/SS % / ',I _ THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON NO Z,3 U > �-I W'J 1 „I.L 14 S WHICH I SERVE IS A UNIT OF: / / CITY5C6 W S'% t✓+cJ Vir�o' couM CITY �c U COUNTY Lt OTHER LOCAL AGENCY c. 3L(70 NT1' NME O. O ISELSU �Vw,I,O.,N C . 67 DATE O)) VOTE OCCURRED MY POSITION IS: d ELECTIVE 7 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss, Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAB) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fling this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting In the situations described above, you are not prohibited by Section 112.3143 from otherwise participatingin these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM BB - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. HEALTH Contact Tracing for COVI D-119 FloridaHealthC0VID19.gov • Florida Department of Health if you test Positive for COVID-19, public health staff will ask you about your close contacts. Over a number of days, staff will monitor you and your contacts. This is called contact tracing and it's a core public health function that helps stop the spread of disease. t �I = You tested positive. You will be asked to self -isolate at home. -Stay in one room awayfrom others in your household, including pets. Have sole use of a bathroom. Ask your doctor about pain and fever medication. Get rest and stay hydrated. Keep track of your symptoms and check your temperature twice daily. Timelineforatoppiog self -isolation You tested positive with symptoms: -At least 10 days have passed since your symptoms first appeared. At least 24 hours have passed since you've had a fever without using fever -reducing medications, and other symptoms have improved. You tested positive without symptoms: -At least 10 days have passed since the day you were tested. Public health staff will help you identify the time frame when --:3 you may have been infectious. O 2 Staff will help you recall your close contacts during that time and will notify contacts of their potential exposure. These contacts have symptoms. ; Pk They will be asked to self -isolate for to days. They may be referred to testing -They will advised to stay in one room away from others in their household, including pets, and have sole use of a bathroom. They will be advised to wear a face mask and keep a social distance of at least 6 feet if they need to be around other people or pets within the home. They will be asked to keep track of their symptoms. -They may be asked about their close contacts. Your identity will not be revealed. This contact has no This contact symptoms. was missed. Because some people with COVID-19 have no apparent symptoms, this person will be asked to self -quarantine for 14 days. a They may be referred to testing. They will be advised to wear a face mask and keep a social distance of at least 6 feet if they need to be around other people or pets within the home. ':They will be asked to watch for COVID-19 symptoms. it's imeortant that you speak with a contact tracer if you have had potential exposure to COVID-19. The Florida Department of Health urges all ` Floridians to answer calls from: This person could have COVID-19. If they have symptoms, they may choose to be tested. If they don't have symptoms, they may never choose to be tested. That's why everyone show Id, practice hand and face hygiene Wear a face mask and social distance for at least 6 feet when in public. -Avoid closed spaces with poor ventilation, crowded places and close -contact situations like talking in close range —the Three Cs. (833) 91]-2880 (833) 443-5364 (850) 583-241() COVID-19 Symptoms: fever or chills, rough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, and diarrhea. Severe Symptoms: trouble breathing, persistent pain or pressure in the chest, confusion, inability to wake or stay awake, or bluish lips or face. At -Home Care Guidance: CDC.gov/coronavirus/2019-ncov/if-you-are-sick/. Floada He=le0. OHiRaf Co�.municaeoos W-31-2e