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Home My WebLink About03-09-2022 CC Minutesan a HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, MARCH 9, 2022 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the regular meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Council Member McPartlan led the Pledge of Allegiance. 4. ROLL CALL Mayor Jim Hill Vice Mayor Fred Jones Council Member Ed Dodd Council Member Bob MCPartlan Council Member Chris Nunn Citv Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Administrative Services Director/CFO Ken Killgore Asst. Administrative Services Director Cindy Watson Community Development Director/CRA Manager Lisa Frazier Community Development Manager Dom Bosworth Community Development Planner Michelle Faulkner Public Works Director/Engineer Karen Miller Leisure Services Director Brian Benton Public Facilities Director/Airport Director Scott Baker Airport Manager Jeff Sabo Police Lieutenant Constantine Savvidis 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 22.046 A. Proclamation and Presentation - Meals on Wheels - March 2022 - Karen Dieal. the President and CEO of Senior Resource Association Mayor Hill read and presented the proclamation to Ms. Diegl. Regular City Council Meeting March 9, 2022 Page 2 22.047 B. Proclamation — hish Heritaue Month — March 2022- Jim Sullivan. Committee Member of the Ancient Order of Hibernian and Louise Sullivan. Florida State President of the Ladies Ancient Order of Hibernian Mayor Hill read and presented the proclamation to Mr. and Mrs. Sullivan 22.048 C. Proclamation — Flood Awareness Week — March 7-13. 2022 — Community Development Department Planner Michelle Faulkner. Certified Floodnlain Manaeer Mayor Hill read and presented the proclamation to Ms. Faulkner. 22.049 D. Presentation of Fiscal Year 2021 Comprehensive Annual Financial Report and Annual City Audit by Ross Cotherman of Rehmann Robson (Transmittal, CAFR available at: htms://www.citvofsebastim.orE/Archive.asox?ADII)=129 Ross Cotherman of Rebmann, Robson reported the City has completed a thorough comprehensive financial report which indicates the City's commitment to the citizens. He briefly went over the financial statements. He thanked the CFO and his team. BriefAnnouncements: 2e Year Recipient of "Tree City USA "Award March 12-13 — Craft Club of Sebastian in Riverview Park 10 am — 3 pm March 18-20 — Shrimpfest & Craft Brew Hullabaloo in Riverview Park Vice Mayor Jones announced the upcoming events. 7. PUBLIC INPUT Andrea Ring, Quarry Lane, said she would like to see more duplexes built in the City. Bill Simmons requested the status of Crab E Bills structural inspection. A. Approval of Minutes — Febmary 23, 2022 Regular City Council 22.049 B. Approve Municipal Election Agreement between the Indian River County Supervisor of Elections and the City of Sebastian for the November 8, 2022 Election (Transmittal, Agreement) MOTION by Council Member Nunn and SECOND by Council Member McPartlan to approve consent agenda items A and B passed with a unanimous voice vote. (5-0) 9. COMMITTEE REPORTS & APPOINTMENTS Regular City Council Meeting March 9, 2022 Page 3 22.034 A. Planninu & Zoning Commission (Transmittal Applications, Advertisement, List) i. Interview. Unless Waived. Submit Nominations for One Unexpired. Regular Member Position — Term will Expire Mav 1.2022 (At Council's Discretion Mav 1.2025) Council Member Nunn nominated Sara Battles; Council Member McPartlan nominated John Christina. Both applicants were nominated for the extended term until May 1, 2025. Roll call on the nominations: Vice Mayor Jones - Battles Council Member Dodd - Battles Council Member McPartlan - Christino Council Member Nunn - Battles Mayor Hill - Battles Sara Battles was appointed to the vacant position with a tern to expire May 1, 2025. ii. Interview. Unless Waived. Submit Nominations for One Unexpired. Reeular Member Position —Term will Expire Mav 1. 2023 Vice Mayor Jones nominated Stephen Lucia,, Council Member McPartlan nominated John Christine. Roll call on the nominations: Council Member Dodd - Christina Council Member McPartlan - Christina Council Member Nunn - Lucia Mayor Hill - Lucia Vice Mayor Jones - Lucia Stephen Lucia was appointed to the vacant position with a term to expire May 1, 2023. 10. PUBLIC HEARINGS -None 11. UNFINISHED BUSINESS 22.050 A. Citv Council Consideration of a Recommended Soendine Plan for the Funding Received from the American Rescue Plan Act (Transmittal. Overview) The City Manager stated two workshops were held to hear recommendations from the public and Council. He briefly went over the proposed categories on page 49 of the agenda backup and said staff was willing to take direction from Council. Council Member McPartlan said he would like to wait to spend the money noting there is a lot of uncertainty right now; the stornwater plan will come back in August/September and may call for a different specifications, for example a pipe size. Regular City Council Meeting March 9, 2022 Page 4 The City Manager advised the Gardenia ditch has been engineered and designed. He didn't think the Concha dam and Schumann Drive pipe would be changed by the stomiwater master plan but they could be changed during the engineering/design process. He said the projects have to be designed and engineered by 2023 to get them bid out and obligated by 2024. He noted they don't have to be completed until 2026 but they have to have a purchase order or contract written by December 2024. Council Member Nunn stated by approving the spending plan it wasn't obligating the money for the specific projects, only the employee incentive plan. They have time to get the projects together and move money if necessary. He recommended approval of the plan to move forward with the issues. Council Member Dodd said he was concerned that the federal government may come back after the fact if they find out we used the money for a different project. He explained that if they pay out retention incentives and the federal government determines that the employees weren't eligible he was concerned that they will have to pay back the federal government out of general revenue. Mayor Hill said the Concha project will be done because it is a need. Council Member Dodd said we have allocated $400,000 in budget for the dam and only $200,000 is needed from the American Rescue Plan but $700,000 has been earmarked. He asked how is that higher amount managed through the budgeting process. Council Member Nunn asked if earmarking the American Rescue monies was considered the same as allocating it. The City Manager explained the federal government considers obligating the money by signing a contract or purchase order. This was a proposed budget plan but it was not obligated. With regard to the Concha dam, the City would move that unused money into the stormwater reserves for another stormwater project. Council Member Dodd said he didn't have a problem with any of the projects but wanted to make sure they weren't going to have to come back with $3M from the general revenue to cover the fact that the federal government might say the City didn't play the game right. The City Manager said the retention incentive provision could be found on page 28 of the overview noting the federal government always changes the rules and nothing is to say some of the projects may end up being funded by FEMA and they may need to find other projects to spend it on. Council Member McPartlan said he has always been supportive of the employees and police but a retention incentive is for someone who is looking to move yet everyone will be receiving it. Regular City Council Meeting March 9, 2022 Page 5 Terry McGinn, Miller Drive, said for every stormwater project the City can backfill with this money will be fewer funds the City will have to come up with and maybe they won't be able to because of the rising costs of food, energy, and gas. Sharon Hermann, Sebastian, said it was awesome to treat the employees for working during a difficult time. She said every day the City waits to get a bid or commitment on a project the prices will go up and we may find that we don't have enough money to do the projects. Margie Hausmanis, George Street, said in regard to the retention bonuses, she works in a local hospital where there are employees enticed to go elsewhere for a lot more money so the hospital is stuck with people not committed or emotionally vested in the City. She said she supported keeping the quality employees here. MOTION by Mayor Hill and SECOND by Vice Mayor Jones to go forward with the recommended spending plan. Roll call: Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member MCPartlan - nay Motion carried. 4-1 12. NEW BUSINESS 22.023 A. Ordinance No. 0-22-03 - Proposed Land Development Code Amendment -_ Article XXII and Article XVI Amendine Sections Relatine to Murals (Transmittal. 0-22-03) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2 PROVIDING A DEFINITIONS OF TERMS REGARDING MURALS; AMENDING SECTION 54-3-16.3 PROVIDING FOR EXEMPTIONS PERTAINING TO MURALS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-03, The City Manager explained this ordinance would provide a mural definition, acceptable themes, and modify some of the colors in the CPA District's color wheel. Council Member Dodd said he wasn't sure what kind of meaning the word "category" brings to item #15. The City Manager explained the categories would be natural, social, cultural, or historic significance. Regular City Council Meeting March 9, 2022 Page 6 Council Member Dodd asked that the Sebastian River Area Public Mural Program and Sebastian River Area Public Mural Program Committee be defined in the ordinance. The City Manager offered to add the categories under section # 15. MOTION by Council Member Dodd and SECOND by Council Member Nunn to pass Ordinance No. 0-22-03 on first reading. Roll call: Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 22.045 B. Discussion and Direction on Draftine Pet Waste Ordinance (Transmittal. IRC Code Sec. 302.05.302.11) The City Manager said at the last meeting it was discussed that the City's Code Enforcement Officer was enforcing the County's ordinance and he asked Council if they wanted to add a more restrictive ordinance. Council Member Nunn said from the discussion last time, it didn't seem like they needed to go any further and it was good to know the City can enact a more restrictive ordinance if needed. It was the consensus of Council that everything should remain status quo. Mayor Hill called for a break at 7:14 p.m. and reconvened the meeting at 7:21 p.m. All members were present. 22.051 C. Consider Code Enforcement Lien Reduction for 373 Ham Terrace (Transmittal. Real Estate Contract. Citv's Lien. Wells Fareo Pavout) The City Attorney gave a brief history of the City's involvement with the code enforcement lien and on February 18, 2022, he filed to preserve the City's claim to the lien and which is now an asset. He said what they have before them today is to determine if there is an extenuating circumstance or a hardship regarding the lien. He said the City doesn't have any policies to address the reduction of liens, they would be hearing unworn testimony from the property owners and be able to give it as much weight as they want but his recommendation was to stay the course. Attorney Jeff Battista, representing Ms. Holpfer, said there is a hardship with this case. Attorney Sheryl Moore, representing Mr. Holpfer, said the house was about to sell and the Holpfers were concerned that the lien would diminish the equity of the house once the mortgage is paid off. She asked Council to lower or remove the lien amount. Regular City Council Meeting March 9, 2022 Page 7 Mayor Hill said on September 16, 2019 there were two notices of violation dropped off asking to move the trailer within five days or will face a fine of $250 a day resulting in a lien against the property or require the appearance in County Court. The property owners received a second code violation on September 24, 2019. He continued to say 56 days went by and the case went before the magistrate where the property owners were ordered to bring the property into compliance within 10 days or else the fine would start. This order included appellate instructions. The owners left the trailer in front of the house until they decided to move out. Mayor Hill said he would not even consider anything less than a 50% reduction to show the City's laws do matter. Vice Mayor Jones said Code Enforcement's ultimate goal is to achieve compliance but sometimes there are extenuating circumstances. He said based on what he read, he was not opposed to a reduced fine amount. Council Member Nunn said he has spent time looking at the whole case and he was against reducing fines in most circumstances, but there me times and situations that involve extenuating circumstances that can't be avoided. MOTION by Council Member Nunn to reduce the lien to $1,500.00. The motion died for lack of a second. Council Member Dodd said he too believes that if someone breaks a law they should pay for it. Because of the circumstances surrounding this case, he said a $25.00 per day fine would be more appropriate. The lien amount would be $16,500.00 which would protect the integrity of the code enforcement system and provide relief for this case. MOTION by Council Member Dodd and SECOND by Council Member Nunn to reduce the lien to $16,500.00. Mayor Hill said he would not support this motion. Council Member McPartlan said these fines would still be incurring today if the house wasn't being foreclosed on which would be an additional $12,000 or at the rate of $25.00 a day, it would be an additional $3,000.00. He said he was in agreement with Mayor Hill. Council Member McPartlan said if they forgive the $82,000.00 today, there will be a long list of people that want to park their boats in the driveway or put up a ten foot fence in the future. The City Attorney advised since the house had gone to foreclosure, when it was sold, the bank would get their money and the City would be second in line. Vice Mayor Jones said he could not support anything less than a 50% reduction 7:53 pm Regular City Council Meeting March 9, 2022 Page 8 Ms. Moore said if the parties did know about the notice they would have removed the trailer. The City Attorney described the notice steps that the City had taken. Council Member Nunn said without getting into anything, there are circumstances beyond control which is the reason he made his motion and agreed to Council Member Dodd's motion. He asked Council to consider the situation is not as everything may look. Council Member Dodd said he agreed with Council Member Nunn. Roll call to reduce the lien to $16,500.00: Mayor Hill - nay Vice Mayor Jones - nay Council Member Dodd - aye Council Member McPartlan - nay Council Member Nunn - aye Motion failed. 3-2 MOTION by Vice Mayor Jones and SECOND by Mayor Hill to reduce the lien by 50%. Roll call: Vice Mayor Jones - aye Council Member Dodd - nay Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Motion carried. 4-1 The City Attorney advised he would prepare the partial release and file it accordingly. 22.052 D. City of Sebastian 100'h Year Anniversary Celebration (Transmittal. 1924 Minutes) The City Manager said it was important to get a committee together of long standing people to participate in preparing for the 100" Year Celebration. He requested some names of people from the Council Members. Mayor Hill suggested working with the Chamber of Commerce. Vice Mayor Jones suggested Cathy McDonald from the historical society. Council Member Dodd suggested that they establish a seven person committee who will call upon groups such as the historical society to make it work. He said they should put out the word and make up an application requesting qualifications. Regular City Council Meeting March 9, 2022 Page 9 Council Member Nunn recommended a date be set for the initial committee to elect a chair, and maybe make a parade committee. Council McPartlan suggested letting the annual festivals, such as the ShrimpFest, know that the I00" year anniversary is coming up so they can help us make the year -long celebration successful. It was the consensus of Council to have the City Manager reach out to interested individuals to hold an initial planning meeting. 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS 22.053 A. 2022 Citv of Sebastian Communitv Eneaeement Survev The City Manager advised that a survey would be mailed out to 1,500 residents to see what they would like to see changed or focused on in the City. He asked that the recipients fill out the survey and return it to help with the City's strategic plan and budget process. In regard to the Crab E Bill's structural inspection, he said eight or nine openings were made from the walls to the outside. There were some significant things found and some things that were not as bad as originally thought. He said he expected the report to be completed soon. He said the Stormwater Master Plan consultant has been gathering data throughout the City to include 4,000 points of interest such as culvert crossings, culvert pipe sizes, road elevations and now they will start on the modeling process to show where the water should be going and where it is impeded. Once the modeling is completed, that will indicate what capital projects will be needed. The last phase will be the search for additional funding opportunities. The City Manager said the builder was on track with the new Public Works Facility and it should be completed by the end of May. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Nunn - None B. Council Member Dodd - None C. Mayor Hill - None D. Vice Mayor ]ones - None Regular City Council Meeting March 9, 2022 Page 10 E. Council Member McParthm With regard to the Community Engagement Survey, Council Member MCPartlan said he liked the question "Where do you receive information from?" which will help target how we get the word out. He requested that they go over the Code Enforcement Process and how it is enforced at a future meeting. He also asked for feedback on donating money to non -profits with restrictions such as the Treasure Coast Homeless Council to help with rental assistance or utility payments as their funding sources tun out quickly. Council Member McPartlan invited the public to attend the upcoming events the Veterans Council of Indian River County has planned: Neil Diamond Tribute Concert — March 12 — Vero Beach Elks Lodge to support the American Gold Star Mothers oflndian River County 29°i Annual Red, White, and Blue Concert — April 3 & 4 - Vero Beach High School Performing Arts Department Denim and Diamonds Country Themed Dinner —April 9 - Indian River County Fairgrounds 17. Being no further business, Mayor Hill adjourned the Regular City Council meeting at 8:20 p.m. Approved at the March 23, 2022 Regular City Council Meeting. Mayor J/,'/,�'ill - — — ATTEST: -- -- - -- / anette Williams, City Clerk CITY OF SEBASTIAN CITY COUNCIL CODE ENFORCMENT LIEN IN THE MATTER OF: Case No. 19-036989 Case No. 19-036990 Nicholas & Rachel Holpfer 373 Harp Terrace Sebastian, Florida 32958 PARTIAL RELEASE OF LIEN Respondent Legal Dese.: Sebastian Highlands Sub Unit 14, Blk 506, Lot 19, PBI 843C Address: 373 Harp Terrace, Sebastian, FL 32958 Parcel ID: 31381200005506000019.0 PARTIAL RELEASE OF CODE ENFORCEMENT LIEN On March 9, 2022, the City of Sebastian City Council Meeting was held and considered whether or not to reduce the $81,850.00 Code Enforcement Lien issued on November 19, 2019 against Nicholas & Rachel Holpfer, owners of property located at 373 Harp Terrace, Sebastian, Florida 32958. On March 9, 2022, the City Council, by a vote of 4 to 1, voted to partially reduce the Code Enforcement Lien against the above property and owners in the amount of $40,925.00. ACCORDINGLY, the CODE ENFORCEMENT LIEN RUNNING WITH THE LAND with the effective date of November 25, 2019 and recorded in the Official Records Book 3257 at Page 543 of the Public Records of Indian River County, Florida is hereby PARTIALLY RELEASED IN THE AMOUNT OF $403925.00. RENDERED in Sebastian, Florida, this I I day of March, 2022 CITY OF SEBASTIAN, FLORIDA Pfiul E. Carlisle, — City Manager - - PARTIAL RELEASE OF CODE ENFORCMENT LIEN — HOLPFER 373 HARP TERRACE, SEBASTIAN, FL OFFICAL RECORDS BOOK 3257 AT PAGE 543 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA ATTEST: ette Williams, MMc ty Clerk Approved as to form and legality for reliance by the City of Sebastian ord on _ M Anon, Ci Attome