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HomeMy WebLinkAbout03-23-2022 CC Minutesana SEBASTIA HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, MARCH 23, 2022 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA I. Mayor Hill called the Regular City Council meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Council Member Dodd led the Pledge of Allegiance. 4. ROLL CALL Mayor Jim Hill Vice Mayor Fred Jones Council Member Ed Dodd Council Member Chris Nunn Absent: Council Member Bob McPartlan (excused) 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 City Engineer/Public Works Director Karen Miller Police Chief Dan Acosta Police Lt. Rob Vafiades 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 22.055 A. Proclamation - Treasure Coast Societv Children of the American Revolution for the N.S.C.A.R. National Dav of Service— Anril 5. 2022 Mayor Hill read and presented the proclamation to Senior State Florida Society of the Children of the American Revolution President Holly Hamilton and Treasure Coast Society Children of the American Revolution President Sydney Rigaud. President Hamilton presented a F.S.C.A.R. challenge coin to the City. Regular City Council Meeting March 23, 2022 Page 2 22.056 B. Proclamation - Florida Goober Tortoise Dav — Anril 10. 2022 Mayor Hill read the proclamation and invited everyone to attend Earth Day in Riverview Park on April 23. 22.057 C. Certificate of Aooreciation — Dervl Seemaver — Sebastian Renresemntive to 1RCC Metropolitan Plannine Oreanization's Citizens Advisory Committee Mayor Hill read and presented the cenificate to Mr. Seemayer. BriefAnnouncements: April I — Chamber of Commerce Concert in the Park — Sebastian River High School Band — 5:30 to 8: 00 pm April - Sebastian River Area Art Club Slow — Riverview Park-10 am to 3 pm April 9 — Craft Chub of Sebastian Show — Riverview Park — 10 am to 3 pm 4'" Year Recipient of "Tree City USA Growth "Award Vice Mayor Jones announced the upcoming events and the receipt of the Tree City USA award. 7. PUBLIC INPUT Gabrielle loffredo introduced herself and asked Council to do a better job of protecting her rights under the American with Disabilities Act (ADA) by providing more signs and animal control during the events in Riverview Park. She said recently dogs wearing service animal vests attacked her service dog which shouldn't be the case if they were a true service animal. She distributed a copy of the current ADA Law regarding service animals. (See attached) 8. CONSENT.ACQF,NDA A. Approval of Minutes — March 9, 2022 Regular City Council Meeting 22.058 B. Approve Road Closure and the Use of the Community Center for HALO's 5K Event on April 23, 2022 (Transmittal, Application, Receipt, Insurance) 22.059 C. Approve Alcoholic Beverages at the Community Center for the Roth Family Event on June 4, 2022 from 11:00 am to 6:00 pm - DOB Verified (Transmittal, Application, Receipt) MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve consent agenda items A-C passed with a unanimous voice vote. (4-0) 9. COMMITTEE REPORTS & APPOINTMENTS - None Regular City Council Meeting March 23, 2022 Page 3 10. PUBLIC HEARINGS 22.023 A. Continue Second Readine of Ordinance 0-22-03 - Pronosed Land Develonment Code Amendment - Article XXII and Article XVI Amendine Sections Relating to Murals and Set the Public Hearine for Auril 13.2022 (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 said the first reading was on February 17 at which time Council set the public hearing for today but staff didn't meet the advertising deadline. He asked Council to continue the public hearing until April 13, 2022. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to continue the public hearing of Ordinance No. 0-22-03 until April 13, 2022 passed with a unanimous voice vote. (4-0) 22.042 B. Second Readine and Public Hearine of Ordinance No. 0-22-05 — Amendine Code Section 38-2 Forms of Petition: Filine Fee. Amendine the Oualifvine Period (Transmittal. 0-22-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 38 ELECTIONS; PROVIDING SEC. 38-2 FORMS OF PETITION; FILING FEE. AMENDING THE QUALIFYING PERIOD; PROVIDING FOR SEVERABTLITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-05. The City Manager said this was the second reading of the ordinance to enact the Charter Amendment passed by the electorate last November. MOTION by Vice Mayor Jones and SECOND by Council Member Nunn to approve Ordinance No. 0-22-05. There was no public input. Regular City Council Meeting March 23, 2022 Page 4 Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member Nunn - aye Mayor Hill - aye Council Member McPartlan - absent Motion carried. 4-0 It. UNFINISHED BUSINESS 22.001 A. Resolution No. R-22-10 — Amnroval of the Communitv Develonment Block Grant (CDBG) Annual Action Plan for 2020/2021 (Transmittal. R-22-10. Plan. R-19-17, 11-20-25. R-20-16. R-21-11) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RESCINDING RESOLUTIONS R-20-16 AND R-21-11 RESPECTIVELY AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2019/2020 AND 2020/2021 ANNUAL ACTION PLANS, RATIFYING R-19-17 AND R-20-25 RESPECTIVELY APPROVING THE 2019/2020 AND 2020/2021 ANNUAL ACTION PLANS, RECOGNIZING THE CITY'S ATTEMPTS TO RECONCILE APPROPRIATIONS OF FUNDS; RECOGNIZING THE CITY'S DECISION TO FORGO ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AUTHORIZED BY THE CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT (CARES ACT), AND PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-22-10. The City Manager said the City received funds from the CARES Act and followed the guidelines for the sidewalk project but when staff submitted the project to HUD for approval they stated it didn't qualify. This resolution recognizes the City's decision to forego the CARES Act portion of the funding. There was no public input. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve Resolution No. R-22-10. Roll call: Council Member Dodd - aye Council Member Nunn -aye Mayor Hill -aye Vice Mayor Jones - aye Council Member McPartlan - absent Motion carried. 4-0 12. NEW BUSINESS Regular City Council Meeting Much 23, 2022 Page 5 22.060 A. First Reading Ordinance No. 0-22-02 - Pmnosed Land Develonment Code Amendment - Article IX Relating to Concurrenev. and Article XVIII and Article XIX Amending Sections Relating to Recreation and Set the Public Hearing for Aoril 13.2022 (Transmittal. 0-22-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.4, CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS BY PROVIDING FOR A NEW SECTION RELATING TO SCHOOL CONCURRENCY; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.7, CRITERIA FOR ADOPTED LEVEL OF SERVICE STANDARD (LOS) RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.8, CRITERIA FOR METHODOLOGY FOR DETERMINING DEMANDS ON CONCURRENCY FACILITIES PERTAINING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3- 9.9, CRITERIA FOR DETERMINATION OF AVAILABLE CAPACITY RELATING TO PARKS AND RECREATION FACILITIES; AMENDING LAND DEVELOPMENT CODE SECTION 544-1$A, CRITERIA FOR INFORMATION TO BE INCLUDED IN SITE PLAN RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 544-19.11, CRITERIA FOR REQUIRED IMPROVEMENTS AND DESIGN CRITERIA RELATING TO RECREATION; 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. 0-22-02. The City Manager said this was necessary to make the City's Land Development Code compliant with open space and school concurrency requirements in the City's 2040 Comprehensive Plan. Council Member Dodd said the City already has a definition of the recreation system with four zones and his preference would be that the money would be used in the zone that the money resides in; and if the City is expanded, it would be used in the new zone. The City Manager said he agreed, and asked if the sentence should read, "The monies and accrued interest from fees paid for any given development shall be used solely for acquisition of parkland or facilities reasonable related to serving said development but the neighborhood Dark must be within the zone of the development" Council Member Dodd said he didn't mind the wordsmithing as long as they weren't setting up a document that is not consistent with the way they manage their parks and they produce a document that lets people in a new subdivision have an anticipation that their developer has given the City money and it will be spent on them or near them. The City Manager agreed and offered to make annotations to the ordinance for them to review at the second reading. Vice Mayor Jones asked if the subdivisions that don't have enough space for a park, and they purchase property in lieu of, does the City use that property as a park. The Community Development Director replied yes, the money could be used to purchase Regular City Council Meeting March 23, 2022 Page 6 property or for facility expansion in that area for the neighborhood's benefit. She said she agreed with Council Member Dodd that the wording should be made clear that if the property is a neighborhood park it should be within that development zone. Vice Mayor Jones asked if part of the park has to be in another area, does the property need to be adjacent to the development or can it be located someplace else. The Community Development Director explained typically when new developments come in they realize they have to set aside park land. If they cannot provide the required property they will participate in the park -in -lieu program. MOTION by Council Member Dodd and SECOND by Council Member Nunn to pass Ordinance No. 0-22-02 on first reading as amended. Roll call: Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - absent Motion carried. 4-0. 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS - None 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Dodd Council Member Dodd asked to address the Code Enforcement Process that is listed under Council Member McPartlan's matters. He said they recently received information on liens that are outstanding and it was a good opportunity to do review on code enforcement regulations. As part of the review, he asked that they might consider a program to offer people a lien reduction if they close out their long standing liens. He also asked Council to consider that reductions be a part of the special magistrate system where there is a legal hearing, evidence is produced and reviewed by the special magistrate who then makes a recommendation to Council. He said there may be several other things they might want to consider as a result of the last lien reduction they recently considered. He asked for the consensus of Council to have the City Attorney bring back information on the process. Mayor Hill and Vice Mayor Jones said they were in favor of the review Regular City Council Meeting March 23, 2022 Page 7 Council Member Nunn said in the review he would like to include a situation that if someone owned a property for many years but hasn't lived there for a long time and there are fines against the property, what the new owner can do. Council Member Dodd asked to include if it was worth $68.00 to keep a lien active on a property for 14-15 yews; and if the grass cutting should be more per month or have a penalty if the property owner lets the City cut their grass every month or every other month for two years. Mayor Hill said the reason Sebastian is great and amazing because of the rules and laws that they have and he understood their desire to move some of the process along. He said they can't pick and choose what rules they like about a certain community which is his fear if they don't use the special magistrate process to receive legal advice as they make those decisions. The City Attorney offered to come back with information on the special magistrate process to decide reductions and Council for forgiveness. Council Member Dodd said he has had several conversations with the City Attorney regarding some of the things that have been happening at the board and committee meetings over the last couple months and he asked Council's consensus to take the 2015 resolution related to board meeting procedures as well as each board's originating code to make some determination as to the scope of the boards and then do some training. He said for example at some of the hoards, under public comment, the board will discuss items and take action without giving proper notification to the public before the meeting takes place, which is outside of the Sunshine Law. Council Member Nunn clarified that they have input so people can bring new items to them but the Planning and Zoning Commission has a job to review what has been presented to them. He asked if the board members should attend ethics training. Mayor Hill said that the City Attorney provides a synopsis to new members but he would not be opposed to having him provide a more in depth training once a year as to their roles and responsibilities. Council Member Dodd suggested the City Attorney and City Clerk may put together a document that they can go over with new board members. The City Attorney said he would help with training and focus on the two boards that hold quasi-judicial proceedings. Council Member Dodd said in regard to the young lady that spoke under public input, he believed there was a statute that stopped officials from questioning whether a service animal is truly a service animal and he asked if there was anything the City could do. Regular City Council Meeting March 23, 2022 Page 8 B. Mayor Hill Mayor Hill stated the City has a rule in place that prohibits pets during the festivals that needs to be enforced. It was the consensus of Council to keep the rule in place and Mayor Hill asked that the event promoters advertise that pets are not allowed. Council asked that it be advertised on the website and promotional material as well so that people are aware before they arrive at the event. The City Attorney said he would research service animal guidelines and get back to them. C. Vice Mavor Jones Vice Mayor Jones said there were some dogs going after other dogs at the park this weekend. He said they would have some growing pains as they begin to enforce the service animal rule. D. Council Member McPartlan Code Enforcement Process and Enforcement Addressed under Council Member Dodd's matters. ii. Consider Donations to Non -Profit Organizations for Sebastian Residents Council Member McPartlan was absent from the meeting. E. Council Member Nunn - None 17. Being no further business, Mayor Hill adjourned the regular City Council meeting at 6:58 p.m. Approved at the April 13, 2022 Regular City Council Meeting Mayor i '/I A�TTQEST //.. II neae Williams, City Clerk Hello, my name is Gabrielle loffredo and I live at 401 Columbus Street, Sebastian. I came here tonight to ask the city council to do a better job on protecting my rights under the ADA Law as a person with a disability that has and depends on her service dog to function in society (mobility/seizures). More signs, and animal control individuals walking around during the events to make sure the ADA Law is enforced. I have been to many events held in this beautiful county and my service dog has been attacked on two occasions by non -service dogs, ironically, they both had service jackets on. These attacks can cause me to fall/have a seizure, which can cause serious physical or mental damage or even death if I fall and hit my head. The following ADA Law States: I provided you a copy with the ADA Law from the U.S. Department of Justice. Can you please draw you attention to the highlighted sections? Read the Highlighted Sections U.S. Department of Justice Civil Rights Division Disability Rights Section Service Animals The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, contain updated requirements, including the 2010 Standards for Accessible Design (2010 Standards). This publication provides guidance on the term "service animal" and the service animal provisions in the Department's regulations. Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA. A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability. Generally, title II and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go. Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. This definition does not affect or limit the broader definition of "assistance animal" under the Fair Housing Act or the broader definition of "service animal" under the Air Carrier Access Act. Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the relevant State attorney general's office. Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is allowed to go. For example, in a hospital it usually would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or bum units where the animal's presence may compromise a sterile environment. A service animal must be under the control of its handler. Under the ADA, service animals must be harnessed, leashed, or tethered, unless the individual's disability prevents using these devices or these devices interfere with the service animal's safe, effective performance of tasks. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls. • When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person's disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task. • Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility. • A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal's presence. • Establishments that sell or prepare food must generally allow service animals in public areas even if state or local health codes prohibit animals on the premises. • People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals. If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal. • Staff are not required to provide care for or supervision of a service animal.