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HomeMy WebLinkAbout06-22-2022 CC Minutesanon CWAASTIA HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JUNE 22, 2022— 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Vice Mayor Jones called the regular meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Vice Mayor Jones led the Pledge of Allegiance. 4. ROLL CALL Vice Mayor Fred Jones Council Member Ed Dodd Council Member Bob McPartlan Council Member Chris Nunn Members Absent: Mayor Jim Hill (excused) Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Administrative Services/CFO Ken Killgore Asst. Administrative Services Director Cindy Watson City Engineer/Public Works Director Karen Miller Community Development Director Lisa Frazier Building Official/Fire Marshal Wayne Eseltine Police Lt. Constantine Savvidis 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Vice Mayor Jones recognized Community Policing Officer Donald Hart, Founder and Resident of Hart & Soul who had visitors in the audience that planned to watch the Council meeting. He explained the Hart & Soul Program was a mentoring program for young men from the age of 10 to 18 years old. Regular City Council Meeting June 22, 2022 Page 2 BriefAnnouncements: Thursday, June 30 - Informational Workshop — Graves Brothers Annexation in Council Chambers —11:30 am —1:30 pm Monday, July 4 - Freedom Festival — Parade at 8:30 am — Vendors, Food, Kids Activities, and Music in Riverview Park all day -Fireworks at 9:00 pm Council Member Nunn announced the upcoming events. 7. PUBLIC INPUT Abigail Sullivan, Sebastian, extended her gratitude to staff for holding the past annexation workshop. 8. CONSENT AGENDA A. Approval of Minutes — June 8, 2022 Regular City Council Meeting 22.106 B. Approve CSA #2 with Carter Associates, Inc., under the "As -Needed Engineering Services Agreement' for Construction Administration Services of the Stonecrop Drainage Improvement Project, Phase II (Transmittal, CSA #2, Scope) 22.107 C. Approve CSA #4 with Schulke, Bittle, & Stoddard, LLC under the "As -Needed Engineering Services Agreement' for Consulting Services to Provide a Survey, Design, and Construction Administration for a New Sidewalk and Crosswalk from Palm Lake Club to the Publix Shopping Center on US-1 in the Amount of $23,120 (Transmittal, CSA #4, Sketch) 22.108 D. Approve the 2022-2023 Dates for the Sebastian River Art Club Events at Riverview Park (Transmittal, Letter, Application, Tax Exempt, Insurance) 22.109 E. Approve Road Closures and Waive the Fee for the Use of Riverview Park and the Mobile Stage for the 2022 Sebastian River High School Homecoming Parade on September 14, 2022 (Transmittal, Application, Agreement) 22.110 F. Approve Alcoholic Beverages at the Community Center for the Gonzalez Family Event on July 16, 2022 from 1:00 to 11:00 pm - DOB Verified (Transmittal, Application, Receipt) 22.111 G. Approve Alcoholic Beverages at the Community Center for the Rivera Family Event on July 30, 2022 from 2:00 to 6:00 pm - DOB Verified (Transmittal, Application, Receipt) MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve consent agenda items A-G. Regular City Council Meeting June 22, 2022 Page 3 Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - absent Motion carried. 4-0 9. COMMITTEE REPORTS & APPOINTMENTS Council Member Nunn said he attended Affordable Housing Committee earlier in the day and said the State Housing Initiative Partnership Program (SHIP) and Supplemental Housing Assistance Rehabilitation Program (SHARP) have fands available for emergency septic, roof and plumbing repairs. He said more information was available on the City's website. He also said there are $40,000 grants available to purchase new homes within the SHIP program available to anyone living in Indian River County. 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 22.112 A. Approve the Sebastian Area Historical Societv's Reauest to Initiate a Historical Marker AnDlication with the Florida Department of State's Division of Historical Resources. Bureau of Historic Preservation for the Park's Familv Section of the Sebastian Municipal Cemetery (Transmittal. Arolicafion) The City Manager said the historical society has requested to construct a marker to designate the historical significance of the Park family and their relationship to the Sebastian Municipal Cemetery. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve the Sebastian Area Historical Society's request to erect a marker at the cemetery passed with a unanimous voice vote. (4-0) Katherine McDonald, President of the Sebastian Area Historical Society introduced Joan Park Valentine, great granddaughter of August Park, and described how August Park opened his home to new settlers in Sebastian until they could become established in the 1800's. 22.113 B. First Reading Ordinance No. 0-22-08 — Pronosine an Amendment to the Code of Ordinances Chanter 18 — Animals: Specifically Prohibiting Roosters and Exemntine Annroved Ae_ riculmml Operations — Set Public Hearing_ July_ 13. 2022 (Transmittal. 0-22-08) Regular City Council Meeting June 22, 2022 Page 4 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 18 ANIMALS, ARTICLE II, TO PROHIBIT ROOSTERS AND EXEMPT APPROVED AGRICULTURAL OPERATIONS; 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. 0-22-08. The City Manager said the proposed ordinance was the result of a couple residents discussing their challenges with crowing roosters. Vice Mayor Jones asked why the noise ordinance hasn't been used for the offending rooster. The City Manager said it was tried but by the time the code enforcement officer arrived the rooster wasn't crowing so there wasn't a violation. He said it was at the discretion of Council on how they wished to move forward. Vice Mayor Jones asked, "Once the ordinance was in effect, how the City would seek out the roosters." The City Manager explained if there was a complaint or if the code enforcement officer observed the crowing, the rooster would have to be removed from the property. There would be no grandfathering in because there was no way of telling if a rooster was replaced. Council Member Dodd said he understands this is important to the residents that raised the complaint, there are other municipalities that do this and since the City isn't going to be overly intrusive in how we affect this he didn't object but would like the officers to have the means to enforce the issue with a bad rooster. Council Member McPartlan clarified for the rooster existing now, there would be a complaint made and then the resident would have to get rid of the rooster through euthanasia or cooking him. He said he would rather use the noise ordinance with the magistrate process than making a law now for this one noisy rooster. Vice Mayor Jones said he was told there is a rooster collar that prevents them from crowing too loud and cautioned that if the ordinance passed, residents should take care with their roosters. Council Member Nunn said when there are chickens without roosters, the chickens start crowing. He said he was not a fan for creating an ordinance because of a few people; there are RVs, boats and many other issues that need to be dealt with in the City. Patti Sullivan, Sebastian, said there is a rooster in her neighborhood and the crow is an amazing sound. She suggested the City focus on things that we true violations. Regular City Council Meeting Jane 22, 2022 Page 5 Mary McGee advised that if chickens are purchased at Tractor Supply, they will identify the sex for you. Toni asked how many chickens are allowed. The City Manager advised currently, two chickens are allowed to one residential unit. Vice Mayor Jones asked that if someone has an animal that neighbors are complaining about to please be respectful, good neighbors to those that have the complaint. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to deny Ordinance No. 0-22-08. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Vice Mayor Jones -aye Mayor Hill -absent Motion carried to deny Ordinance No. 0-22-08. (4-0) C. Uodate to the Policies and Regulations of the Citv's Boards and Committee 22.114 i. First Reading Ordinance No. 0-22-09 — Amending Code of Ordinances Chanter 2 — Administration. Article VI — Boards. Commissions. Committees. Division 7 - Veterans Advisory Board - Set Public Hearing July 13, 2022 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 2 - ADMINISTRATION, ARTICLE VI - BOARDS, COMMISSIONS, COMMITTEES, DIVISION 7 - VETERANS ADVISORY BOARD; AMENDING SECTION 2-253 - REPEALED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-09. The City Manager said the next four ordinances are to clear up some language in the policies of the City's boards. Council Member Dodd said these are all related to the revisions related to the Handbook for the City's board and committees. The first item is reactivating the Veterans Advisory Board which has sunset. Council Member McPartlan asked to see a public comment section. Council Member Dodd said included in the changes, the boards that took the general purpose public comment section away have specific points to cover during a meeting, for example the Planning and Zoning Commission adheres Regular City Council Meeting June 22, 2022 Page 6 under state law, there is no place for citizens to discuss things that aren't on the agenda. If a citizen would like to introduce something they should bring that to the department or City Manager. He said the Planning & Zoning Commission, the Police Pension Board, Local Planting Agency are very specific boards and this wasn't an attempt to reduce public input because there will be input on each item on the agenda but an open public input session was not consistent with the objective of that board. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to pass Ordinance 0-22-09 on first reading to reapprove the Veterans Advisory Board and set the Public Hearing for July 13. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Vice Mayor Jones -aye Council Member Dodd - aye Mayor Hill - absent Motion carried. 4-0 22.115 ii. First Reading Ordinance No. 0-22-10 — Amending Code of Ordinances Chanter 2 — Administration. Article VI — Boards. Commissions, Committees. Division l — Generally. Amendine Section 2-166 — Definitions: Amending Section 2-167 — Annointmeam Amending Section 2-170 — Oualifications: Amendine Section 2-172 — Removal: Amending Section 2-173 — Attendance Requirement - Set Public Hearing July 13. 2022 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 2 - ADMINISTRATION, ARTICLE VI — BOARDS, COMMISSIONS, COMMITTEES, DIVISION 1 - GENERALLY, AMENDING SECTION 2-166 - DEFINITIONS; AMENDING SECTION 2-167 — APPOINTMENTS; AMENDING SECTION 2-170 - QUALIFICATIONS; AMENDING SECTION 2-172 — REMOVAL; AMENDING SECTION 2-173 - ATTENDANCE REQUIREMENT; PROVIDING FOR SEVERABILrIY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-10. The City Manager said this was updating the policies, procedures and qualifications for the boards. MOTION by Council Member Dodd and SECOND by Council Member Nunn to pass Ordinance No. 0-22-10 on first reading and set the public hearing for July 13, 2022. Roll call: Council Member Nunn - aye Vice Mayor Jones - aye Regular City Council Meeting June 22, 2022 Page 7 Council Member Dodd - aye Council Member McPartlan - aye Mayor Hill - absent Motion carried. 4-0 22.061 iii. First Readinu Ordinance No. 0-22-11 — Amendine the Citv of Sebastian Code of Ordinances. Chanter 2 — Administration. Articl_q_yI — Boards. Commissions. Committees. Division 2 — Code of Ordinances: Adontine Section 2-178 — Social Magistrate — Additional Jurisdiction. Pertainine to Lien Rrrinntinn and. Appeal - Set Public Hearina July 13. 2022 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN CODE OF ORDINANCES, CHAPTER 2 — ADMINISTRATION, ARTICLE VI — BOARDS COMMISSIONS COMMITTEES, DIVISION 2 - CODE OF ORDINANCES; ADOPTING SECTION 2-178 — SPECIAL MAGISTRATE — ADDITIONAL JURISDICTION, PERTAINING TO LIEN REDUCTION AND APPEAL; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-11. The City Manager said this ordinance was to give magistrate the ability to hold a hearing to determine if there are facts in place to cause a reduction in a lien amount placed upon a property. The City Attorney said in this ordinance he was recommending having the Special Magistrate hold a hearing that would provide evidence; the magistrate would have the authority to give up to a 25% reduction and anything above that would have to come to Council and then the only thing Council could consider would be the percentage. Council Member Dodd asked if the magistrate said no, is it normal not to have an appeal process. The City Attorney explained this entire process was discretionary and it wasn't subject to F.S.162 where it is appealable to the 19" Circuit Court. Council Member Dodd said he was in favor of the special magistrate holding the hearing with people proving they have a reason to have a lien reduced. Council Member Nunn said in past people have disagreed with the magistrate and taken it to the 19ih Circuit Court; he asked would that still be available. The City Attorney responded that appeal process is available under F.S.162. This can be used by Council to give the magistrate the authority to review up to a certain amount and then it is done and not appealable which will be disclosed in the application process. Regular City Council Meeting June 22, 2022 Page 8 Council Member McPartlan asked if the lien is $100,000, can the magistrate write off $25,000. The City Attorney advised that was correct, up to 25% and the applicant could not come to City Council for an additional reduction. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to pass Ordinance No. 0-22-11 on first reading and set the public hearing for July 13, 2022. Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - absent Motion carried. 4-0 22.116 iv. First Reading Ordinance No. 0-22-12 - Amending the Citv of Sebastian Code of Ordinances. Chanter 26 - Buildings and Building Regulations. Article II - Building Codes: Amending Sec. 26-31 - Technical Codes Adopted: Amending Article VI - Contractors. Division 2 - Construction Board: Adopting a New Section 26-171- Prohibited Activities: Adopting a New Section 26-172 - Causes for Discialinary Action: Repealing Section 26-174 - Enforcement of Article: Amending Section 26-175 - Penalties and Anneals: Amending Section 26-197 - Powers and Duties - Set Public Hearing July 13. 2022 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN CODE OF ORDINANCES, CHAPTER 26 - BUILDINGS AND BUILDING REGULATIONS, ARTICLE It - BUILDING CODES; AMENDING SEC. 26- 31 - TECHNICAL CODES ADOPTED; AMENDING ARTICLE VI - CONTRACTORS, DIVISION 2 - CONSTRUCTION BOARD; ADOPTING A NEW SECTION 26-171 - PROHIBITED ACTIVITIES; ADOPTING A NEW SECTION 26-172 - CAUSES FOR DISCIPLINARY ACTION; REPEALING SECTION 26-174 - ENFORCEMENT OF ARTICLE; AMENDING SECTION 26-175 - PENALTIES AND APPEALS; AMENDING SECTION 26-197 - POWERS AND DUTIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-12. The City Manager said this was for the Construction Board and the enforcement of the building codes and contractor licensures. MOTION by Council Member Nunn and SECOND by Council Member McPartlan to pass Ordinance No. 0-22.12 on first reading and set the public hearing for July 13, 2022. Roll call: Vice Mayor Jones - aye Regular City Council Meeting June 22, 2022 Page 9 Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - absent Motion carried. 4-0 22.115 V. Resolution No. R-22-15 — Citv Board and Committee Meetine Format (Transmittal. R-22-15)(Handbook provided under separate cover) 6:49 pm A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING R-12-38 IN ITS ENTIRETY; CREATING NEW BOARD CATEGORIES AND PROCEDURES; PROVIDING FOR MEETING START TIME AND END TIMES FOR ALL CITY BOARDS AND COMMITTEES; PROVIDING FOR A STANDARD AGENDA FORMAT; PROVIDING FOR PROCEDURES FOR PUBLIC INPUT AND PUBLIC HEARINGS; PROVIDING FOR USE OF ROBERTS RULES OF ORDER AS A GENERAL GUIDELINE; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Resolution No. R-22-15. The City Manager said this resolution was setting the agenda guidelines for our boards and takes away the ambiguous call for public input at the end of the meetings where the board members cannot take action on. Council Member Dodd cited, "the amended agenda will reflect that these boards have no Public Inpuf' which could be inferred that there is no public input on items that are brought forth. The City Manager said public input would only be allowed on items on the agenda. MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve Resolution No. R-22-15 with the City Attorney wordsmithing section 4A(2). The City Manager suggested adding, "There will be no public input except for those items that are on the agenda." Council Member Nunn suggested, "No public input except during those items on the agenda." Patti Sullivan, Sebastian, asked Council to be clear that they are not stifling public input but would like the input to be gennane to the agenda item. The City Attorney advised that he and the City Clerk would be conducting training in the future for the boards. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Regular City Council Meeting June 22, 2022 Page 10 Vice Mayor Jones - aye Mayor Hill -absent Motion carried. 4-0 13. CITY ATTORNEY MATTERS The City Attorney said he has been working with the new union coming onboard and he believed they reached a tentative agreement on what they will look like. 14. CITY MANAGER MATTERS The City Manager reported that the COVID rates are going up for Indian River County and he reminded everyone to cautious. Crab E Bills He also reported that the cost estimates for the temporary repairs of Crab E Bills have come in considerably higher than anticipated. Right now he was looking at $140,000+ and that number is not going to be the end from what he could see. He asked for direction from City Council. He said the repairs would be opening up the 512 square feet of seating area that was deemed unsafe and taking away the substitute 586 square feet open air which is a lot of money for a non -permanent fix given the amount of repairs that are needed. Council Member Dodd said the ultimate solution is to move the restaurant out of there and fix the building as it was but not too many people seem to be interested that solution. The next best thing is to isolate the non -safe area and let the restaurant operate until the lease is done. He suggested the City notify owner that they have until the end of their lease and if something happens that more of the building becomes unsafe, we will close that down. Council Member Nunn noted the building is a centerpiece to the Working Waterfront but it was not a historical structure. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to have the City Manager and City Attorney notify the lessor that they can have occupation of the space that they currently have until end of their lease period unless that space is deemed to be unsafe and at that time they would have to vacate that unsafe space. The City Attorney advised that they could address this by consensus and open it up for public input. Council Member Dodd withdrew his motion to go forward as a consensus decision. The City Manager asked if they wanted to consider a design build in the process to construct a new structure. Council Member Dodd suggested they address rebuilding at a later time. Regular City Council Meeting June 22, 2022 Page 11 Terry McGinn, Miller Drive, suggested that Council buy out Crab E Bill's lease and help them find another building and shut down the existing structure. Council Member Dodd said they have tried to help the lessor and they have refused. Vice Mayor Jones said it was important for the lessor to be aware of the City's intent. Karen Jordan said she doesn't really know Crab E Bills but because the building is more and more is unsafe, she didn't want to visit the restaurant. Council Member Dodd said the City has an obligation under the Florida Communities Trust grant to protect that building and the citizens. He said no one is interested in being punitive to any business in the City but they have no choice. Council Member Nunn said this is the City making a decision on what is best for the building. Council Member McPartlan said he looked forward to future conversations. The City Attorney clarified that the letter to be sent out is that the lessor can stay in the building until the end of her lease but after that there is no continuation. Toni, Sebastian, asked who pays if someone gets hurt in the building. It was the consensus of City Council that the lessor can occupy the building until the end of her lease. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Mayor Hill - absent B. Vice Mayor Jones - None C. Council Member McPartlan said there was a very good annexation workshop last week. He asked if the Sebastian River Improvement District could give a presentation to Council regarding their statutory powers, duties and how the proposed annexation would impact their assessments. D. Council Member Nunn - None E. Council Member Dodd said he was pleased to read in the newspaper that there will be a meeting with County officials to discuss the potential impacts of the Graves Brothers annexation. The City Manager confirmed there is a meeting set up with County Administrator Jason Brown and the property owner, Jeff Bass. Regular City Council Meeting June 22, 2022 Page 12 17. Being no further business, Vice Mayor Jones adjourned the regular City Council meeting at 7:30 p.m. Approved at the July 13, 2022 Regular City Council meeting. Mayot3m ATTEST: — — L�/, nette Williams, City Clerk