Loading...
HomeMy WebLinkAbout01-13-2021 CC MinutesOn 11 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JANUARY 13, 2021 — 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 Grant Foster, Riverside Church, gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Jim Hill Council Member Fred Jones Council Member Chris Nunn Council Member Bob McPartlan Citv Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Community Development Manager Dorn Bosworth Environmental Planner Kimberly Haigler Deputy Police Chief Greg Witt 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS A. Announcements from Environmental Planner Kimbedv Haiqler & Members of the Natural Resources Board Sustainable Sebastian promotional merchandise has arrived • 2ntl Year Receipt of "Tree City USA Growth" Award 19� Year Receipt of "Tree City USA" Award • Earth Day Announcement — April 2e Ms. Haigler and Charles Stadelman, Chairman of the Natural Resources Board, distributed personalized tumblers to the Council Members so they may reduce the use of plastic bottles at their meetings. She also distributed Sustainable Sebastian merchandise and pamphlets that they plan to hand out at Earth Day in Riverview Park on April 2e. Regular City Council Meeting January 13, 2021 Page 2 Ms. Haigler also announced the City was awarded the Tree City USA designation for the 191h consecutive year and the Growth Award for the second consecutive year authenticating the City's extra effort in preserving and enhancing tree canopy. Mayor Dodd said Sustainable Sebastian was a multi -year project that the Natural Resources Board was working on to not only find ways to make things more sustainable such as working with restaurants in not using plastic and so forth, but also in working with the City on how to make the City itself more eco-friendly and more sustainable. He congratulated the board on their effort. Vice Mayor Hill also said the board was doing an excellent job in educating the public and he appreciated all their hard work. Mr. Sladelman said the board was direct representation of the Council and he looked forward to working on sustaining Sebastian for many years to come. Brief Announcements: Mayor Dodd congratulated the City's Procurement Manager, Ann -Marie Fraser, for recently receiving the prestigious NIGP Certified Procurement Professional Certification. Mayor Dodd said at the County Commission meeting there was an informative presentation on the distribution of the COVID-19 vaccinations. He stated the County is doing everything they can to expedite the distribution. Executive Roundtable's 3rd Annual Rail Trail 5K RurWValk across the 1-95 Central Railroad Corridor Greenway Pedestrian Overpass will be held Saturday, January 16 at 8:00 am — Meet at the Fellsmere Trailhead Preserve, 11090 County Road 512 Fellsmere Frog Leg Festival - January 21 - 24 (COVID Protocols will be in place. A drive-thrWtakeout option will be available for guests who may wish to enjoy the World -Famous Frog Leg Festival dinners in the comfort of their own home Mayor Dodd read the announcements. Vice Mayor Hill invited the public out to the Executive Roundtable's 5K Run which was certain to be a cool run over the Interstate 95 overpass. 7. PUBLIC INPUT Richard Gillmor, Sebastian, commended the City's Golf Pro Greg Gardner for keeping the golf course open during the lockdown. However because only one cart was used per person, the batteries have wom out because of overuse. He noted a tournament is difficult to play if one cart has a good battery but there might be five competitor carts with bad batteries. Mr. Gillmor also asked that the City consider replacing the golf course nets that have blown down with the hurricanes. He suggested that one of the council members such as Vice Mayor Hill, who is in the golf course business, might want to supervise the golf course and report back to them periodically. Regular City Council Meeting January13, 2021 Page 3 In closing, Mr. Gilimor said free speech is in jeopardy in this country, and he appreciated the ability of citizens to be able to get up at a City Council meeting like this and speak their mind. Council Jones stated he has been discussing the golf carts with the City Manager and asked him to give an update on when the batteries would come in. The City Manager explained the golf carts are still under warranty and if the City puts in another type of battery it would void the warranty; the required batteries are programed to the chargers in the software that comes with the new batteries. He said that he did not want to spend $35,000 for the batteries and then have to replace the carts. 6:24 pm In moving to receive input from the citizens sitting outside through video monitoring, Council Member Nunn asked that the outside participants remember to respect the employees who are making it possible for them to participate. Bob Schmidt said he was upset that he couldn't approach the building, his elected officials or the stores in Indian River County because of some perceived threat. He would like his freedom back. Peter Heilemann, new citizen of Sebastian, said the January CDC numbers say that of the 300,000 that died of COVID, only 4% died of COVID alone. The other 96% died of preexisting conditions. He said he would not allow the contrived panic of COVID to run his life. Sue Heilemann, said her in-laws came here looking for freedoms which are being taken away. She said she wanted her freedoms back and asked Council to reconsider the mask mandate. Stacie Meyer said she was assaulted at a store for not wearing a mask and asked Council to end the state of emergency; emergencies are to be immediate and unexpected. Martin Stieger said they are losing rights and the wearing of masks should be a choice. Tom , agreed with what everyone else had expressed; their rights were being taken away. Denise Russo said she just moved here from California which is a mess because the Governor has shut everything down. She said everybody needs to wake up and not ruin the beautiful state. Ruth Kuvlesky, founder Indian River Freedom Coalition, asked to lift the state of emergency, stop masking employees, and stop preventing people from coming into the building. Zoom Participants Bill Simmons asked why most of the items on the consent were listed as an emergency purchases. Mayor Dodd asked him to speak on that issue when the items are pulled. Regular City Council Meeting January 13, 2021 Page 4 Mr. Simmons asked if the legal fees from the Graves Brothers lawsuits been paid. Vice Mayor Hill called for a point of order requesting that responses to individuals come at the end of public input. Robert Stephen asked why Sebastian can't be part of the solution in spraying the canal system. Graham Cox, George Street, suggested a positive explanation of what is happening to control the aquatic invasive vegetation and where it is happening be sent out to property owners on the canal to give them an explanation of what to expect; it would be a good neighbor policy. Nelson McCollum said he gives Council credit for taking a lot of heal; commended staff for addressing the golf cart issue. He said he didn't feel like his rights were in danger if someone asked him to put a mask on; Council was on the right side of the issue. In regard to the canal vegetation, Mr. McCollum said as a former farmer, he has sprayed millions of gallons of glyphosate and he doesn't have cancer. He knows it is still being used today. He thanked Council for protecting the City's assets. 6:59 pm 8. CONSENTAGENDA A. Approval of Minutes — December 9, 2020 Regular City Council Meeting 21.001 B. Notification of the Emergency Purchase of Audio Visual Products from Pro Sound & Video; and Pathway Communications LTD to Continue Compliance with CDC Recommendation of Social Distancing by Offering Virtual Meetings in the Total Amount of $43,744.00 (Transmittal, Proposal/Invoices) 21.001 C. Notification of the Emergency Purchase of Digital Software from MCCi, SHI and GoGov to Enhance Electronic Public Interaction During the Local State of Emergency for the Initial Amount of $23,295.23 and Annual Cost of $23,567.67 (Transmittal, Proposal/Invoices) 21.002 D. Notification of the Emergency Purchase of Two Full Matrix Message Signs with 4G Fleet Manager Online Access from Prologic ITS, LLC in the Amount of $33.459.66 (Transmittal, Quotes) 21.003 E. Notification of the Emergency Purchase of 16 Handsfree Water Fountains with Bottle Filling Stations from Equiparts Corp. and Two Touchfree Water and Ice Dispensers from Culinary Depot, Inc. in the Total Amount of $46,901.70 (Transmittal, Quotes) 21.004 F. Notification of the Emergency Expenditure to Timothy Rose Contracting, Inc. — Cemetery Expansion — Roadway (CO#1) in the Amount of $14,990.00 to Complete Additional Improvements (Transmittal, CO#1, Quote, Staff Notes) Regular City Council Meeting January 13, 2021 Page 5 21.005 G. Notification of the Emergency Expenditure to Asphalt Paving Systems in the Amount of $21,328.78 to Repave Two Intersections After Culvert Replacement (Transmittal, Invoice) 21.006 H. Approve Alcoholic Beverages for the McGrath Family Event at Community Center on January 17, 2021 from 2:00 p.m. to 8:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 21.007 I. Approve Sweet Tea Sip & Stroll Special Event Organized by Snow's Space Coast Superior Events at Riverview Park on January 23-24, 2021 (Transmittal, Application, Receipt, Cert of Ins) 21.008 J. Approve Alcoholic Beverages for the Faulkner Family Event at Yacht Club on February 6, 2021 from 11:00 a.m. to 4:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) Council Members requested to pull items B, C. D, E, F, G, and I. Vice Mayor Hill asked that discussion on items B, C. D, and E be handled at one time because they are similar, based on CARES Act expenditures. MOTION by Council Member McPartlan and SECOND by Council Member Jones to approve items A, H, and J passed with a unanimous voice vole. 5-0. Items B. C. D. E Mayor Dodd stated they received a -mails from Stacie Meyer and Denise Harland and asked if they were present or on Zoom to discuss the items. They were not present. Richard Gillmor cited the dates of the emergency purchases and noted Council is in session now to where they can meet to decide how the money is spent. He noted $43,000 was spent for virtual meetings that have been happening successfully for the past seven months. He said it is time to end the emergency and let Council decide to how to spend the money. The City Manager summarized the audio visual equipment expense was to provide for wireless microphones, a new projector for the overhead screen, and a microphone in the courtyard to provide additional opportunities for people to participate in the meetings. He also explained the digital software provided people an opportunity to fill out the CARES Act grant forms on-line to be more efficient; the matrix signs are to provide notice to the public when the vaccines become available; and the water fountains throughout the City will now be hands -free to reduce the spread of the virus. The City Manager noted the Emergency Declaration requires him to bring the expenditures before them and if he has made a mistake he apologized. Council Member Nunn thanked the City Manager for spending the CARES Act money on things that make it better for the City, such as water fountains back in the parks. Regular City Council Meeting January 13, 2021 Page 6 MOTION by Council Member Nunn and SECOND by Council Member Jones to approve items B, C, D, and E. Vice Mayor Hill said there have been so many complaints that the public hasn't been able to participate in the meetings or contact them and here the City Manager has provided these ways and he did a heck of a job. He noted these waters are unchartered; and individually and as a group they are doing the best that they can; he has confidence that the City Manager will get us through this. Bill Simmons asked what it takes to be called an emergency. The City Manager explained the purchases were done under the emergency declaration and he has to bring them back to Council for ratification. There was no further public input. Roll call: Vice Mayor Hill - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd -aye Motion carried. 5-0 Item F — Cemetery Expansion Roadway The City Manager stated when staff did the bid for the expansion there was an additional bid for the roadway but it came in at $29,000. Staff renegotiated it to receive value engineering and it was reduced to $14,990. Council Member Jones noted the budget provided for $15,000 and asked why approval was needed. The City Manager explained a change order greater than 15% of the bid amount must come back to Council for approval. He noted the original contract was signed under the emergency declaration. Mayor Dodd called for public input on items F and G but there was none. MOTION by Vice Mayor Hill and SECOND by Council Member Nunn to approve consent agenda items F and G. Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Motion carried. 5-0 Item I - Sweet Tea SiD & Stroll Special Event Mayor Dodd stated that he pulled this item to announce that the event was open to the public at Riverview Park on January 23 and 24. Council Member Nunn stated they were still looking for vendors. There was no public input. Regular City Council Meeting January 13, 2021 Page 7 MOTION by Mayor Dodd and SECOND by Council Member McPartlan to approve item I passed with a unanimous voice vote. 9. COMMITTEE REPORTS & APPOINTMENTS 21.009 A. Citizens Budaet Review Advisory Board (Transmittal, Applications, List, Advertisements) I. Interview, Unless Waived, Submit Nominations for One At -Larne (Additional) Member Position - Term will Exoire November 2021 Applicant Sherrie Matthews introduced herself. Council Member Nunn nominated Mr. Sullivan. Council Member Jones nominated Mr. McGinn. Roll call: Council Member McPartlan - Mr. McGinn Council Member Nunn - Mr. Sullivan Mayor Dodd - Mr. McGinn Vice Mayor Hill - Mr. McGinn Council Member Jones - Mr. McGinn Terrence McGinn was appointed to the At -Large (Additional) Member position for the FY20/21 budget cycle. ii. Interview. Unless Waived. Submit Nominations for Two Alternate Member Positions - Terms will Exoire January 2024 Dave Newhart was unanimously nominated to fill the first alternate member position and James Sullivan was unanimously nominated to fill the second alternate member position. 21.010 B. Parks and Recreation Advisory Committee (Transmittal, Applications, List, Advertisement) I. Interview. Unless Waived. Submit Nominations for Unexpired. One Alternate Member Position —Term will Exoire Mav 2023 Mayor Dodd nominated Ms. Drumheller. Council Member Nunn nominated Mr. Pelletier. Roll call: Council Member Nunn - Mr. Pelletier Mayor Dodd - Ms. Drumheller Vice Mayor Hill - Ms. Drumheller Council Member Jones - Ms. Drumheller Council Member McPartlan - Ms. Drumheller Vicki Drumheller was appointed to the unexpired, alternate member position. 10. PUBLIC HEARINGS 20.141 A. Second Readina and Public Hearin of Ordinance No. 0-20-03 — Proyosino a Land Develooment Code Amendment to Section 54-2-5.10(2\ Size and Dimension Criteria with Reaards to Establishing Starting Points for Buildina Heiaht Measurement (Transmittal. 0-20-03. Sec. L70-1. EX. p. Minutes) Regular City Council Meeting January 13, 2021 Page 8 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54.2-5.10(2), SIZE AND DIMENSION CRITERIA, REGARDING THE ESTABLISHMENT OF STARTING POINTS FOR BUILDING HEIGHT MEASUREMENT; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENEKS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 12129/20) The City Attorney read the title of Ordinance No. 0-20-03 and Mayor Dodd opened the public hearing at 7:21 p.m. The Community Development Manager stated the ordinance would amend the section of the Land Development Code that has to do with where the City starts the measurement for building heights. It came about when a couple of the contractors were having problems meeting the current starting point if the property was in a flood zone. Staff looked at other coastal communities and the proposed ordinance is what staff believes would work for the City. She explained that if a property was in the flood zone, there would be a requirement of an additional foot of free board and that is where the City would start the measurement; and additional 18 inches would be required in the V Zone. She reported the ordinance was presented to the Planning and Zoning Commission; to Council for a first reading, and staff recommended approval. There was no public input and Mayor Dodd closed the public hearing at 7:24 p.m. MOTION by Vice Mayor Hill and SECOND by Council Member Jones to approve Ordinance No. 0-20-03. Roll call: Vice Mayor Hill - aye Council Member - aye Council Member Mr. McPartlan - aye Council Member Mr. Nunn - aye Mayor Dodd - aye Motion carried. 5-0 11. UNFINISHED BUSINESS 20.128 A. Aoorove CO#1 with Thor Guard Inc. to Increase the Previouslv.,ADDroved Purchase and Installation of a LiQhtninp Prediction and Warninc Svstem at Barber Street SDQrts Complex for a Total Cost of $29.751.35 (Transmittal. CO#1. Minutes Excerpt. SDecs) The City Manager explained the first system approved by Council would no longer be supported by the company; however, this upgraded system would provide more opportunities for use at the Barber Street Sports Complex. The City Manager offered to look into expanding the system to other locations in the City. Regular City Council Meeting January 13, 2021 Page 9 MOTION by Vice Mayor Hill and SECOND by Council Member Nunn to approve CO#1 with Thor Guard, Inc. for the purchase and installation of a lightning prediction and warning system. Roll call: Vice Mayor Hill - aye Council Member Mr. Jones - aye Council Member Mr. McPartlan - aye Council Member Mr. Nunn - aye Mayor Dodd - aye Motion carried. 5-0 12. NEW BUSINESS 21.011 A. Award and Authorize Negotiations for Request for Qualifications/RFQ #21-01) for As -Needed Engineenno Services to the Four Too-RankedFirms: Carter Associates. Inc.: Johnson. Mirmiran & Thompson. Inc.: Kimlev-Horn & Associates. Inc.: Schulke. Bittle & Stoddard. LLC (Transmittal. Score Sheet, Reference Checks) The City Manager conveyed the RFQ went out to solicit services and the selection committee chose the top four firms. He asked for authorization to negotiate contracts for award on an as -needed -basis. MOTION by Council Member Jones and SECOND by Council Member Nunn to award and authorize negotiations for as -needed engineering services from Carter Associates, Inc.; Johnson, Mirmiran & Thompson, Inc.; Kimley-Horn & Associates, Inc.; and Schulke, Bittle & Stoddard, LLC passed with a unanimous voice vote. 5-0 21.012 B. Aoerove Work Authorization (CSA#71 to Infrastructure Consullin(�& Engineerina for $ite Preoaralion of the Future Square Hanoars at Sebastian Municipal Airport in an Amount Not to Exceed $49.797.50 (Transmittal. CSA#7. Score. Fee Summarv. Certification) The City Manager said this work authorization was a part of the Airport Master Plan to promote and build hangar space. Vice Mayor Hill said he loved to see the expansion of the property. MOTION by Council Member Jones and SECOND by Council Member McPartlan to approve the CSA#7 to Infrastructure Consulting & Engineering for the site preparation of future square hangars at Sebastian Municipal Airport. Roll call: Council Member Mr. McPartlan - aye Council Member Mr. Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Council Member Mr. Jones - aye Motion carried. 5-0 Regular City Council Meeting January 13, 2021 Page 10 21.013 C. Award Invitation to Bid (ITB#21-03) Nuisance Abatement Mowinn Services to Conlon Landscaping Inc.: Micco Land Services. LLC, and Moblev II Enterorises. LLC for Two Year Terms with Renewal Options for 3ne Year Term (Transmittal. Bid Tab. Bid Responses. Aareement) The City Manager said this was to mow back vegetation on vacant lots and asked for approval. MOTION by Vice Mayor Hill and SECOND by Council Member Nunn to award nuisance abatement mowing services contracts to Conlon Landscaping, Inc.; Micco Land services, LLC; and Mobley II Enterprises, LLC. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jone - aye Council Member McPartlan - aye Motion carried. 5-0 13, CITY ATTORNEY MATTERS In response to a comment from the audience, the City Attorney assured Council that he does review every contract that comes before them; he does not approve them but reviews them for legal sufficiency. 14. CITY MANAGER MATTERS - None 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Nunn Council Member Nunn thanked staff for their great support structure for council members. He conveyed that he did not like to weer masks but he does when he has to. He didn't understand why it was so difficult for people to wear one for 10 feet to come inside to sit down, while it may not prevent the virus, it is respectful for your neighbor. He said given the comments regarding the County's distribution of the vaccines this past week, he encouraged everyone to find patience while the County works out the distribution kinks; it will make it a better place for us when we are done. B. Mayor Dodd Mayor Dodd stated it was the one-year anniversary of the City Attorney who has requested that Council look at his contract. He asked Council if there was consensus to meet as a committee and come back to Council. Regular City Council Meeting January 13, 2021 Page 11 Vice Mayor Hill suggested negotiations should be offered to all of the officers. It was the consensus of Council to have the Mayor meet with the City Attomey, City Manager, and Chief Financial Officer to come up with a process that will come back to Council for approval. He displayed the Septic to Sewer Report provided by staff and noted the City still has about 140 properties that can use sewer systems but the problem is that the City can't use the grant money until the City receives a 95% connection rate which will take some responsibility and planning. He asked if Council was interested in directing the City Manager to put a plan together to take over the effort and accomplish the hook up of all of the properties in the CRA District. He said there is a Schulke, Stoddard, & Bittle report indicating that the highlands are the greatest offender with the septic tanks and if the City cannot convert the CRA District, the highlands will never be in compliance. Mayor Dodd said the only way the City, can do this without requiring each property owner to convert, is by taking on responsibility, applying for as much grant money as the City can and then start assessments where a business would pay a little more than a homeowner. As an alternative to an assessment, he said if the City can put in 25 lift stations that a hundred properties could use, he was sure the County would much rather have 25 lift stations as opposed to each property having a lift station. The City Manager offered to put this onto the next agenda to receive clear direction on how to move forward. There was no objection to his suggestion. Mayor Dodd said he was concerned where they were going as a country; there was a perfect storm in 2020 of things that make people question the validity of the government and the validity of its intention towards the citizens. He said he may not be happy with the results of the presidential election or the wearing of masks but he is not willing to start a civil war over it. He is hearing militaristic talk that is much more severe than he has heard in his lifetime. He said he heard talk when he returned from Vietnam in California and Seattle but it was nothing compared to what he is hearing today. He said it is absolutely scary that the leaders in the Country would condone these attitudes and the citizenry is truly beginning to believe that it is them against the govemment. In regard to the comments on the mask policy, he heard it is the citizens against the government; the City is not trying to take away their rights, but follow the science. He implored citizens in Sebastian to think very hard about the damage that can be done when the citizenry believes that the government no longer cares for them or supports them; or that the government no longer protects them. It is scary what might happen over next 12 months. He asked the citizens to take some time to think about this. C. Vice Mavor Hill Regular City Council Meeting January 13, 2021 Page 12 Vice Mayor Hill said he appreciated all of the staff members such as the police officers, public works department that have to deal with the environment that we are in. He said he has never sat with more reliable guys on Council that have the best interests of the citizens at heart, but it has been an absolute beat down on all sides. He asked people to take a walk on the riverfront, look at the sunrise, dolphins, white pelicans and understand that they live in paradise. He said the Council Members and staff care about the community. He asked everyone to try to get along and thank God for what they have. D. Council Member Jones Council Member Jones said he has gone down to Fisherman's Landing which is going to be an awesome project once the job is done. He thanked the City Manager and Community Development Director for their work on the project. E. Council Member McPartlan Council Member McPartlan said the Treasure Coast Homeless Services Council will be having their point in time count next week to count how many homeless and couch surfers there are which equates to how many federal dollars that come down into the community to work with the homeless. He reported that he attended the Indian River Veterans Services Council where he invited them to participate with the City's Veterans Advisory Board. He asked people to be nice to each other; there are people out there that have real problems. 17. Being no further business, Mayor Dodd adjourned the Regular City Council Meeting at 7:56 p.m. Approved at the January 27, 2021 Regular City Council Meeting. Mayor Ed Dodd ATTEST.' Q°lWyj 60d "'Ina (9anette Williams, MMC - City Clerk