CITY COUNCIL REGULAR MEETING MINUTES JUNE 29, 2022 Pursuant to Public Notice, Mayor Steven Osmer convened a regular meeting of the City Council on Wednesday, June 29, 2022, at 6:00 p.m., in the Council Chamber. Those present were Mayor Steven Osmer, Vice Mayor Jodi Rozycki, Councilmember Mindy Gibson, Councimember Dominick Montanaro, Councilmember David Vigliotti, City Manager Courtney Barker, City Attorney James Beadle and City Clerk Gwen Peirce. Councimember Montanaro led the Pledge of Allegiance and a moment of silence. (TIME: 6:01 P.M.) CITIZEN COMMENTS No one indicated a desire to speak. (TIME: 6:02 P.M.) CITY COUNCIL COMMENTS Vice Mayor Rozycki spoke regarding the 21-day Flag Salute. Councimember Gibson spoke regarding the Governor signing into law House Bill 105, Councimember Montanaro congratulated Councimember Gibson on her recent appointments by the Space Coast League of Cities as their representative on the Florida League of Cities Board of Directors and Florida Municipal Insurance Trust. He spoke Councimember Vigliotti spoke regarding his participation at the vintage Surf and Skate event and recent Sustainability Board meeting. He spoke regarding a pamphlet thel board the Smoking Bill," and vetoing House Bill 620 regarding the bills previously mentioned. isp planning to send to new residents. Mayor Osmer spoke regarding his participation in the 21-day Flag Salute. (TIME: 6:07 P.M.) CITY ATTORNEY REPORT None. (TIME: 6:07 P.M.) CITY MANAGER REPORT City Manager Barker stated that City Hall will be closed on July 4. She announced that City Clerk Peirce has received the Robert N. Clark Award from the Florida Association of City Clerks. She congratulated Councilmember Gibson on her appointment to Florida Municipal Pension Trust and Preferred Government Insurance Trust. She stated that a new Police Officer has been hired. She spoke regarding a volunteer opportunity hanging doorhangers regarding the fertilizer ordinance and landscape watering ordinance. She spoke regarding the successful Junior Fire Academy. She spoke regarding an upcoming visit from the Chief Resilience Officer from the State of Florida. CITY COUNCIL PAGE2 2 MEETING MINUTES JUNE 29, 2022 consensus to move in that direction. ACTION ITEM: City Manager Barker requested ift the City Council would like staff to work on an ordinance to restrict smoking in City parks and beaches. The City Council provided ACTION ITEM: City Manager Barker requested if the City Council would like to work towards publicizing legal notices online per House Bill 7049. The City Council provided City Manager Barker announced that Brevard County doesn't have enough staff to fill lifeguard positions. She stated that staffi is continuing discussions with Brevard County on how to address the issue. She also stated that an item regarding enforcement of dogs on the beach will be coming at an upcoming Council meeting. Discussion ensued. consensus to pursue posting legal notices online. (TIME: 6:29 P.M.) CONSENT AGENDA A. ADOPTION OF MINUTES: JUNE 15, 2022, REGULAR MEETING Mayor Osmer asked for citizen comments; there were no comments. ACTION: Councilmember Gibson MOVED, SECOND by Vice Mayor Rozycki, to approve the Consent Agenda as presented. VOTE: ALL YES. MOTION CARRIED. (TIME: 6:29 P.M.) PUBLIC HEARING: DISCUSSITAKE ACTION ON ORDINANCE NO. 1216, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, VACATING AND ABANDONING A PORTION OF A 10 FEET WIDE PUBLIC UTILITY & DRAINAGE EASEMENT, LYING WITHIN LOT 14, BLOCK A, AMHERST GARDENS, SECTION 5, UNIT 1, ACCORDING TO PLAT THEREOF, AS RECORDED IN PLATI BOOK 25, PAGE 44, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, (415 EAST AMHERST CIRCLE) AS DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY, CONFLICTS, RECORDING AND EFFECTIVE DATE (SECOND READING) City Attorney Beadle read the title of the ordinance. Mayor Osmer asked for citizen comments; there were no comments. ACTION: Councimember Montanaro MOVED, SECOND by Councimember Vigliotti, to approve Ordinance No. 1216 on second reading, amended to confirm that the address is (TIME: 6:36 P.M.) DISCUSSITAKE ACTION ON ORDINANCE NO. 1218, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, VACATING AND ABANDONING A PORTION OF A 10 FOOT WIDE PUBLIC UTILITY & DRAINAGE EASEMENT, LYING WITHIN LOT 16, CRESTHAVEN SATELLITE BEACH UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN A PLAT BOOK 19, PAGE 3, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, (275 CHERRY CIRCLE) AS DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY, CONFLICTS, RECORDING AND AN EFFECTIVE DATE (FIRST READING) 415 Amherst Circle. VOTE: ALL YES. MOTION CARRIED. CITY COUNCIL PAGE3 3 MEETING MINUTES JUNE 29, 2022 City Attorney Beadle read the title of the ordinance. Mayor Osmer asked for citizen comments; there were no comments. ACTION: Councilmember Montanaro MOVED, SECOND by Councimember Gibson, to approve Ordinance No. 1218 on first reading. VOTE: ALL YES. MOTION CARRIED. (TIME: 6:34 P.M.) DISCUSSITAKE ACTION ON RESOLUTION NO. 1047, A RESOLUTION OF THE CITYOFSATELLITE BEACH, BREVARDCOUNTY,FLORIDA, REPEALING RESOLUTION NO. 808; ADOPTING THE COMPREHENSIVE EMERGENCY MANAGEMENT PLAN FOR THE CITY OF SATELLITE BEACH; AND City Attorney Beadle read thei title oft the resolution. Fire Chief Dave Abernathy introduced Michelle Cechowski, Director of Emergency Management for the East Central Florida Regional Planning Council, who presented an overview of the City's Comprehensive Emergency Management Plan and answered Councimembers questions. The following City resident spoke regarding this item: Mark Boyd. adopt Resolution No. 1047. VOTE: ALL YES. MOTION CARRIED. PROVIDING AN EFFECTIVE DATE ACTION: Councimember Gibson MOVED, SECOND by Councimember Vigliotti, to (TIME: 6:51 P.M.) PRESENTATION OF RECOMMENDATIONS BY HOLIDAY. ADHOC Siena Botez-Gunter, Caitlin Shelton, and Justin Toth, Interns, provided the presentation Councimember Gibson expressed concern over the cost long-term and spoke in support of contracting for one year. Councilmember Montanaro expressed concern over the expense and recommended obtaining business sponsors to help offset the costs. COMMITTEE on the recommendations of the Ad Hoc Committee. Councimember Vigliotti spoke in support of the proposal. The following City resident spoke regarding this item: Mark Boyd. ACTION: Councilmember Gibson MOVED, SECOND by Councimember Montanaro, to approve a one-year agreement with Holiday Outdoor Décor for holiday decorations, in an amount of $14,684; and approve the purchase of the fountain light, in the amount of (TIME: 7:24 P.M.) PUBLIC HEARING: DISCUSSITAKE ACTION ON ORDINANCE NO. 1217, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2021/2022 BUDGET ORDINANCE NO. 1206; PROVIDING AN EFFECTIVE DATE (SECOND READING) $6,194.86. VOTE: ALL YES. MOTION CARRIED. City Attorney Beadle read the title of the ordinance. CITY COUNCIL PAGE4 MEETING MINUTES JUNE 29, 2022 Mayor Osmer asked for citizen comments; there were no comments. ACTION: Councimember Gibson MOVED, SECOND by Vice Mayor Rozycki, to approve Ordinance No. 1217 on second reading. VOTE: ALLYES. MOTION CARRIED. (TIME: 7:25 P.M.) DISCUSSITAKE ACTION ON WAIVING THE CITY'S PROCUREMENT POLICY TO CONTRACT WITH PREFERRED GOVERNMENTAL INSURANCE TRUST FOR GENERAL LIABILITY AND WORKER'S COMPENSATION Councilmember Gibson stated that she would be recusing herself from this item because she is being considered for appointment to the PGIT Board of Trustees. Ms. Gibson filed a Form 8B with the City Clerk, which will be filed with the official minutes. City Manager Barker provided background information on the item. FOR FY 22/23 ACTION: Councimember Montanaro MOVED, SECOND by Councilmember Vigliotti, to approve waiving the City's procurement policy to contract with Preferred Governmental Insurance Trust for General Liability and Worker's Compensation for FY 22/23. VOTE: (TIME: 7:30 P.M.) AGENDA ITEMS FOR NEXT REGULAR COUNCIL MEETING 4-0. MOTION CARRIED. Councilmember Gibson ABSTAINED. None. Mayor Osmer adjourned the meeting at 7:30p.m. Hoerfai Gwen Peirce, CMC City Clerk S a - 1 S FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRSTI NAME MIDDLEN NAME GIBSON, MINDY MAILING ADDRESS 565 CASSIAI BLVD CITY SATELLITE BEACH DATE ON WHICHV VOTE OCCURRED JUNE 29, 2022 NAME OFE BOARD, COUNCIL, COMMISSION, AUTHORITY, ORC COMMITTEE SATELLITE BEACH CITY COUNCIL THE BOARD, COUNCIL, COMMISSION, AUTHORITY ORC COMMITTEE ON WHICHI SERVEI ISAUNITO OF: UCITY NAME OFF POLITICAL SUBDIVISION: CITY OF SATELLITE BEACH MYPOSITIONIS - ELECTIVE 0 APPOINTIVE COUNTY BREVARD OCOUNTY OOTHERLOCAL AGENCY WHO MUST FILE FORM 8B This form is for use by any person serving att the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. Ita applies to members of advisory and non-advisory bodies who are presented with a Yourr responsibilities under thel law when faced with voting on a measure in which you! have a conflict of interest will vary on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on greatly this form depending before conflict of voting interest under Section 112.3143, Florida Statutes. completing andi filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A; person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain orl loss. Each elected or appointed local officer also MUST ABSTAIN! from knowingly (including the parent, subsidiary, or sibling organization ofap principal by which he or she is retained); to the special private gain or loss ofa relative; ort to thes special private gain orl loss ofa al business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A' "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation on voting prohibited measure which ar from votingi in that capacity. would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained are not listed on any national or regional stock exchange). ELECTED OFFICERS: Ina addition to abstaining from voting int the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature ofy your interest ini the measure on which you are WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for abstaining from voting; and the recording minutes of ther meeting, whos should incorporate the form int the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating int these matters. However, your must disclose the nature of the conflict before making any attempt to influence the decision, IF YOU INTEND TO MAKE ANY ATTEMPTTO INFLUENCE THE DECISION PRIOR TO THE MEETING. AT WHICH THE VOTE WILL BE You must complete, and file this form (before making any attempt toi influence the decision) with the person responsible for whether orally ori in writing and whether made by youd ora aty your direction. TAKEN: the recording PAGE1 minutes oft the meeting, who will incorporate the form in the minutes. (Continued on page2) CE FORM 8B- EFF. 11/2013 Adopled by reference inF Rule: 34-7.010(1)(). F.A.C. APPOINTED OFFICERS (continued) Acopy oft the form must be provided immediately tot the other members of the agency. Thef form must be read publicly at ther next meeting after thef formi isf filed. IF YOUT MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPTI BY DISCUSSION, AT THE MEETING: You must disclose orally the nature ofy your conflict int the measure before participating. agency, and the form must be read publicly at the next meeting aftert thet formi ist filed. Your must complete the form and file ity within 15 days after the vote occurs with the person responsible for recording ther minutes oft the meeting, who musti incorporate the form in the minutes. Ac copy oft the form must be provided immediately tot the other members of the DISCLOSURE OF LOCAL OFFICER'S INTEREST MINDY GIBSON hereby disclose that on JUNE 29 20 22 (a)A AI measure came or will come before my agency which (check one or more) inured tor my special private gain orl loss; inured tot the special gain or loss ofr my business associate, inuredt tot the special gain or loss ofr my relative, inured tot the special gain or loss of whoml am retained; or inured tot thes special gain orl loss of by which ist thep parent subsidiary, or sibling organization or subsidiary ofa a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest int the measure is as follows: ABSTAINED FROM A VOTE REGARDING AN AGREEMENT WITH PREFERRED GOVERNMENTAL INSURANCE TRUST (PGIT): SINCE IAM BEING CONSIDERED FOR AN APPOINTMENTTO THE PGIT BOARD OF TRUSTEES. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way ast toy provide the public with notice oft the conflict. JUNE 29, 2022 Date Filed Qulnsh Bu Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE ORI EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, ORA CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B-E EFF. 11/2013 Adopted by reference inF Rule 34-7.010(1)00, FAC. PAGE2