HomeMy WebLinkAbout04-13-2022 CC Minutes'm I
SE�T�V
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
REGULAR MEETING
MINUTES
WEDNESDAY, APRIL 13, 2022 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Hill called the Regular City Council meeting to order at 6:00 p.m.
2. A moment of silence was held.
Council Member Nunn 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
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 Manager Dorri Bosworth
City Engineer/Public Works Director Karen Miller
Airport Manager Jeff Sabo
Police Chief Dan Acosta
Police Capt. Tim Wood
Police Lt. Rob Vafiades
AGENDA MODIFICATIONS - None
6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS
Council Member Dodd wished Mayor Hill a happy birthday.
22.063 A. Proclamation — National Public Safetv Telecominunicators Week — Anril 10-16.
2022
Mayor Hill read and presented the proclamation to Telecommunicator Officers Joann
Patterson and Will Glines.
Regular City Council Meeting
April 13, 2022
Page 2
22.064 B. Proclamation — National Volunteer Week — April 17-23, 2022
Mayor Hill read and presented the proclamation to Capt. Pieter Ketelaar and Lt. Rob
Mastrandrea of the Sebastian Community Policing Volunteers.
22.065 C. Proclamation — Water Conservation Month — Avril 2022
Mayor Hill read and presented the proclamation to St. Johns River Water Management
Intergovernmental Coordinator Jim Cannon.
22.066 D. Proclamation — International Earth Dav - Avril 22, 2022
Mayor Hill read and presented the proclamation to Sebastian Environmental Planner/GIS
Specialist Kimberly Haigler.
22.067 E. Proclamation — National Arbor Dav — Avril 29, 2022
Mayor Hill read and presented the proclamation to Sebastian Environmental Planner/GIS
Specialist Kimberly Haigler. The Environmental Planner reported all vendor spots have
been reserved for the annual Earth Day event and she invited to public to come out to
learn about the environment and have a good time.
Brief Announcements:
Friday, April 15 — Leisure Services Annual Easter Event begins at 5:45 pm with Meet the Easter
Bunny for photos; Easter Egg Hunt starts promptly at 6:45 p.m.; Sebastian Police Department
Movie Night Out "Hop " at 7: 30 pm — Riverview Park
Saturday, April 23 — Natural Resources Board Earth Day — Riverview Park — 9 am to 4 pm
Saturday, April 23 — Paper Shredding and Electronic Recycling Event — CavCorp Parking Lot —
9 am to noon
Saturday, April 23 — Spring Cleaning Drop Off — Barber Street Sports Complex — 9 am to
noon
Vice Mayor Jones announced the upcoming events.
7. PUBLIC INPUT
Ruth , Sebastian, said a lot of the habitat area around Garden Park has been
destroyed and she hoped that something could be done.
Mr. Tallant, 561 Biscayne Lane, also spoke about the vegetation removal at Garden Park.
Laurie Garofalo said her new neighbor has a rooster that starts crowing at 5:40 in the
morning and continues throughout the day. She noted the City's code provides for the
Regular City Council Meeting
April 13, 2022
Page 3
keeping of fowl but does not address roosters. She asked Council to take a look at the
City's code. Donna Gaskins also asked Council to look into the code and said there must
be a reason that Indian River County doesn't allow roosters.
8. CONSENT AGENDA
A. Approval of Minutes — March 23, 2022 Regular City Council Meeting
22.068 B. Resolution No. R-22-11 Abandonment of Rear Easement — 287 Caravan Terrace
(Transmittal, R-22-11, Map, Report, Approvals, Application)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 45,
BLOCK 299, SEBASTIAN HIGHLANDS UNIT 11; PROVIDING FOR CONFLICTS
HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER' S
ERRORS; PROVIDING FOR AN EFFECTIVE DATE.
22.069 C. Approve Alcoholic Beverages at the Community Center for the Montes Family
Event on May 14, 2022 from 1:00 pm to 8:00 pm - DOB Verified (Transmittal,
Application, Receipt)
22.070 D. Approve Alcoholic Beverages at the Community Center for the Ioffredo Family
Event on June 24, 2022 from 6:00 pm to 10:00 pm - DOB Verified (Transmittal,
Application, Receipt)
22.071 E. Approve Alcoholic Beverages at the Community Center for the Yanez Family
Event on October 15, 2022 from 4:00 pm to 10:00 pm - DOB Verified
(Transmittal, Application, Receipt)
Council Member Dodd asked to pull item #B.
MOTION by Council Member Nunn and SECOND by Council Member McPartlan to
approve consent agenda items A, C, D, and E passed with a unanimous voice vote. (5-0)
Item B — Resolution No. R-22-11
Council Member Dodd said he was concerned that this vacation of easement might cause
the same issue that happened on the Gardenia ditch.
The City Manager said staff did not think this abatement would be an issue and for future
abatements, staff has developed a license to encroach so if there are issues the property
owner acknowledges that they are responsible for those issues.
MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve
consent agenda item #B.
Regular City Council Meeting
April 13, 2022
Page 4
Roll call: Vice Mayor Jones - aye
Council Member Dodd - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Hill - aye
Motion carried. 5-0
9. COMMITTEE REPORTS & APPOINTMENTS
22.072 A. Police Pension Board of Trustees (Transmittal, Application)
i. Formal Appointment of Mr. Paul Reeves as the Fifth Member
MOTION by Council Member Dodd and SECOND by Council Member McPartlan to
appoint Mr. Paul Reeves to the Police Pension Board of Trustees passed with a
unanimous voice vote. (5-0) Mr. Reeves will serve a four year term ending in April
2026.
Report on the Indian River Countv MPO meetinp- held earlier in the dav:
Council Member McPartlan said the MPO has been working on the county -wide
visioning plan and some of the community has said they were not aware that this plan
was going on. The MPO has extended the time frame to receive public input until May in
an effort to reach more citizens and they are looking for venues in different parts of the
county.
Council Member Dodd said the plan will drive a lot of what happens in the County and it
important to do as much outreach as possible. He said he volunteered to advertise the
north County meeting when it is scheduled. It was the consensus of Council to help out
with the advertising.
Report on the Countv Commission meeting held Tuesdav:
Council Member Dodd said the County has approved the contract for the expansion of
the North County Library therefore residents will see the construction begin soon.
Council Member Dodd also said the state has allocated a large sum of infrastructure
money to move up the construction date of the Oslo interchange next year which will
drive a lot of the development for that area.
Report on the IRC Beach and Shores Preservation Advisory Committee:
Vice Mayor Jones said the committee has received approval to remove seven derelict
vessels from the river.
Regular City Council Meeting
April 13, 2022
Page 5
10. PUBLIC HEARINGS
22.060 A. Second Reading and Public Hearing of Ordinance No. 0-22-02 - Prov_ osed Land
Development Code Amendment - Article IX Relating to Concurrencv, and Article
XVIII and Article XIX Amending Sections Relating to Recreation (Transmittal.
Final Copy, Legislative Covv)
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 54-4-18.4, CRITERIA FOR INFORMATION TO
BE INCLUDED IN SITE PLAN RELATING TO RECREATION; AMENDING LAND
DEVELOPMENT CODE SECTION 54-4-19.11, 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 and Mayor Hill opened the
public hearing at 6:40 p.m. The City Manager said this was to bring the Land
Development Code in compliance with the Comp Plan. Staff has defined where the
additional park lands would be in relative to the development and if the developer
couldn't provide the additional land, they would have to purchase property outside of the
area for an additional cost of 15%. Staff also included the provision not to accept any
lands less than one acre.
There was no public input.
MOTION by Council Member Dodd and SECOND by Council Member McPartlan to
approve Ordinance No. 0-22-02.
Roll call: Council Member Dodd - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Hill - aye
Vice Mayor Jones - aye
Motion carried. 5-0
Regular City Council Meeting
April 13, 2022
Page 6
22.023 B. Continue Second Reading and Public Hearing of Ordinance 0-22-03 - Proposed
Land Development Code Amendment - Article XXII and Article XVI Amending
Sections Relating 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 and Mayor Hill opened the
public hearing at 6:42 p.m. The City Manager said was the second reading with two
substantive changes to include that the Chamber was going to administer the program and
a clear definition of what the themes would be. He requested approval from Council.
There was no public input.
MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve
Ordinance No. 0-22-03.
Roll call: Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Hill - aye
Vice Mayor Jones - aye
Council Member Dodd - aye
Motion carried. 5-0
11. UNFINISHED BUSINESS - None
12. NEW BUSINESS
22.073 A. Approve Ahrens Companies Change Order #5 in the Amount of $34,548.00 for
Increased Material Costs Associated with the Construction of Hangar "D" at the
Sebastian Municipal Airport and Authorize the City Manager to Execute the
Related Documents (Transmittal, CO#5, List)
The City Manager said the cost of materials is increasing daily and while staff was able to
offset some of the sales tax by purchasing as many materials as they could it wasn't
enough to get the project completed. He said he didn't feel the increase was an
unreasonable request and asked for approval.
MOTION by Council Member McPartlan and SECOND by Council Member Dodd to
approve Change Order #5 to the Ahrens Companies for the increased costs associated
with the construction of Hangar D.
Regular City Council Meeting
April 13, 2022
Page 7
There was no public input.
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
22.074 B. Consider Request to Move the August 10. 2022 Council Meeting (Transmittal,
calendar)
MOTION by Council Member Dodd and SECOND by Council Member Nunn to cancel
the August 10 meeting and if it is needed, the City Manager may call a meeting on
August 31 passed with a unanimous voice vote. 5-0
13. CITY ATTORNEY MATTERS
21.115/22.075 A. Request Executive Session Regarding Imuending Collective Bargaining
Negotiations (Transmittal)
The City Attorney cited F.S.465.605(1) which is an exemption from the Sunshine Law
specifying all discussions between the chief executive officer (City Manager) of the
public employer, or his or her representative (Negotiation Team), and the legislative body
or the public employer (City Council) relative to collective bargaining shall be closed and
exempt from the provisions of F.S.286.01I/Sunshine Law. He requested a collective
bargaining meeting with the City Council to discuss wages and the implementation of the
compensation and benefit plan.
It was the consensus of Council that they will meet on April 20 at 6:00 p.m.
The City Attorney reported that he has advised the Leisure Services Department and
Police Department on the service dog issue.
He said he would have the board and special magistrate revisions for them to review at
the end of the month.
14. CITY MANAGER MATTERS
The City Manager said hurricane season is right around corner and he asked residents to
bring their household garbage to the Spring Cleaning Event at the Barber Street Sports
Complex.
In regard to the Garden Street Park discussion, the City Manager said the park has been
neglected in the back due to staff turnover. To prepare for the hurricane season and help
with the muck in the lake, staff has taken 90% of vegetation out, opened up some of the
waterways, applied probiotics and upgraded the fountain.
Regular City Council Meeting
April 13, 2022
Page 8
15. CITY CLERK MATTERS — None.
16. CITY COUNCIL MATTERS
A. Mayor Hill
Mayor Hill asked the City Manager to take a look at the Code with regard to
roosters since the houses are allowed to be so close to each other.
B. Vice Mayor Jones - None
C. Council Member McPartlan
i. Consider Donations to Non -Profit Organizations for Sebastian Residents
Council Member McPartlan said he has received a lot of emails from elderly
residents who are having trouble making their rent and mortgage payments. He
asked Council if they would be interested in having the Treasure Coast Homeless
Services Council oversee donations from the City with the restriction that the
donation could only be used for Sebastian residents.
Mayor Hill said he was not in favor of governments giving donations to charities
but there is a difference in a government giving to a church.
Council Member Dodd said he wouldn't mind giving to residents but there would
have to be a set of rules. Mayor Hill said his concern would be who is controlling;
these organizations because the organizations do a better job than government in
getting the money out.
Council Member McPartlan said the director of the Treasure Coast Homeless
Services Council is the expert for HUD and federal guidelines. She could give
donations specifically to Sebastian residents.
Mayor Hill suggested this should be done through the budgeting process rather
than a case -by -case basis.
Council Member Nunn asked if the Treasure Coast Homeless Services Council
receives money from the County, do residents really want to be double taxed from
the same organization.
Council Member Dodd suggested that the Treasure Coast Homeless Services
Council director give the City Manager a proposal to bring to Council.
Vice Mayor Jones said if they consider this, what is going to stop other
organizations from asking for donations.
Regular City Council Meeting
April 13, 2022
Page 9
D. Council Member Nunn
i. Discuss Drivewav Swales and Culverts
Council Member Nunn said one of the biggest topics that came up during the
election was storm drainage and from what he can see when it rains, the first level
of storm drainage problems revolve around the culverts. He has spoken to some
homeowners with blocked culverts who have told him to just fine them $100 a
day and the City will get the money when they die and sell the house.
He said he would like to propose a culvert and swale enforcement action where
the code enforcement officers spend a couple of weeks of finding where the
problems are and have a third party company go out to clean the swale and charge
it back to the homeowner. He asked Council how they felt about it.
Council Member Dodd said they would probably end up with 6,000-7,000 code
enforcement actions and need temporary code enforcement officers to manage
that.
Mayor Hill said one of the most important things is to have an understanding of
the City's drain system which is constructed to hold water. Code Enforcement
would have to be careful so we aren't maintaining them because of the number of
swales in the City.
The City Manager said the challenge has been the people who say they just aren't
going to fix it. He spoke to the City Attorney about putting a special assessment
on the tax bill because it would provide a total public benefit.
Mayor Hill asked how that is different than mowing someone's lawn. The City
Manager said mowing the lawn is not a public benefit. He said he would like to
find a meaningful way to clear the swales of the four or five residents who refuse
to do it so tax payers aren't charged with cleaning their property.
Council Member Dodd said the time to do this is when they redo the code
enforcement process. Council Member Nunn said he was trying to focus on storm
drainage; he didn't want to get drowned out in a larger process.
Mayor Hill asked Council to agree to have staff provide a report on what they can
do and what they cannot do.
The City Attorney advised that a special assessment needs to be for the good of
all, not a specific property.
E. Council Member Dodd — None.
17. Being no further business, Mayor Hill adjourned the Regular City Council meeting at 7:19 p.m.
Regular City Council Meeting
April 13, 2022
Page 10
Approved at the April 27, 2022 Regular City Council Meeting.
anette Williams, City Clerk