CITY COUNCIL REGULAR MEETING  MINUTES NOVEMBER 16, 2022  Pursuant to Public Notice, Mayor Steven Osmer convened a regular meeting of the City Council on Wednesday, November 16, 2022, at 6:10 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 Gibson led the Pledge of Allegiance and a moment of silence. Mayor Osmer announced that Item #9 was pulled from the Agenda.  (TIME: 6:11 P.M.) CITIZEN COMMENTS  Linette Pelletier, Resident, expressed concern over the skate park project not being heard Tracy Anderson requested if anyone from the Recreation Board was contacted regarding Billl Leslie, Resident, expressed appreciation to the Public Works employees for their hard  by the Recreation Board prior to the City Council approval.  the skate park project.  work before and following Hurricane Nicole. (TIME: 6:17 P.M.) CITY COUNCIL COMMENTS work before and following Hurricane Nicole.  Councimember Vigliotti expressed appreciation to the City departments for their hard Councimember Montanaro expressed appreciation to the City departments for their hard work on Hurricane Nicole. He congratulated Jodi Rozycki and Mark Boyd on being elected on November 7 and congratulated Stephen Sams on his campaign. He spoke regarding Founders Day being rescheduled for January and cautioned residents when Councimember Gibson thanked City staff for their hard work on Hurricane Nicole and spoke regarding the state oft the beaches. She expressed congratulations to Jodi Rozycki Vice Mayor Rozycki expressed appreciation to staff on their hard work on the hurricane and spoke regarding staff's efforts. She congratulated the Police Department on their win Mayor Osmer spoke regarding staff's work on the preparation and clean-up for Hurricane  visting the beach.  and Mark Boyd and commended Stephen Sams on remaining involved.  of the Battle of the Badges Softball Game.  Nicole.    CITY COUNCIL  PAGE: 2  MEETING MINUTES NOVEMBER 16, 2022 (TIME: 6:24 P.M.) CITY ATTORNEY REPORT (TIME: 6:24 P.M.) CITY MANAGER REPORT  None.  City Manager Barker announced the upcoming Business Networking Event at the Pour House and the Community Garden Meet-up. She spoke regarding the upcoming Ocean Reef Beach Festival, Fire Department Open House and Twilight Santa. She spoke regarding the rescheduled Adopt-a-Canal Open House and spoke regarding her and City staff's attendance at the Love our Lagoon Celebration. She spoke regarding the upcoming Florida League of Cities Legislative Conference and legislative priorities for the City. She spoke regarding a grant that was applied for through National Fish and' Wildlife She spoke regarding the work by various City departments before, during and following Hurricane Nicole and provided an update on the damage to the beach crossovers, beaches, three residences and City facilities. She spoke regarding the FEMA designation and debris cleanup. She requested consensus for the Council to add the setback oft the Coastal Construction Control Line be reviewed by the State to legislative priorities. City Manager Barker spoke regarding pursuing a City app option sO residents can get information more rapidly, which is important especially during emergencies.  Federation's Atlantic Flyaway Shorebird Initiative.  (TIME: 6:37 P.M.) CONSENT AGENDA  A. ADOPTION OF MINUTES: NOVEMBER 2, 2022, REGULAR MEETING B. APPROVAL OF AMENDMENT AND RENEWAL TO EMPLOYEE HEALTH CENTER SERVICES AGREEMENT CAREATC, INC. AND THE CITY OF  SATELLITE BEACH  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: 6:38 P.M.) PUBLIC HEARING: DISCUSSITAKE ACTION ON ORDINANCE NO. 1228, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, CREATING A NEW ARTICLE 1, CHAPTER 35, SATELLITE BEACH CITY CODE, TO BE ENTITLED "BEACH PARKING FEE PROGRAM"; PROVIDING INTENT; ESTABLISHING A BEACH PARKING FEE PROGRAM; ESTABLISHING A RESTRICTED BEACH PARK AND ACCESS MAINTENANCE FUND; PROVIDING FOR THE SELECTION OF A THIRD-PARTY VENDOR TO MANAGE THE PROGRAM; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE (SECOND READING)    CITY COUNCIL  PAGE3 3  MEETING MINUTES NOVEMBER 16, 2022  City Attorney Beadle read the title of the ordinance. City Manager Barker provided additional background information on the proposed ordinance. City Manager Barker spoke regarding a letter received from County Attorney Morris Richardson in opposition to the proposed beach parking plan. She recommended tabling the ordinance until the City requests that the County place an item on the agenda to release the deed restrictions The following City residents spoke regarding this item: John Pope, Bill Leslie, Adam  for Pelican Beach Park and Hightower Beach Park.  Floyd, Mike Badarack, Tearah Ott, Jean Townsend, Amber Close. The following non-residents spoke regarding this item: Noni  ACTION: Councimember Montanaro MOVED, SECOND by Councimember Gibson, to table Ordinance No. 1228 until the City is notified oft the County's response to the request for release of deed restrictions. VOTE: ALL YES. MOTION CARRIED. (TIME: 7:26 P.M.) DISCUSS/TAKE ACTION ON A PROPERTY OWNERS REQUEST TO ALLOW THE INSTALLATION OF A BOAT STORAGE PAD TO BE PLACED ON THE PROPERTY IN CONFLICT WITH CITY INTERPRETATION OF SECTION 30-615  This item was removed from the Agenda.  (TIME: 7:26 P.M.) DISCUSS/TAKE ACTION ON CHANGE ORDER NO. 2-FINAL FOR GOODSON PAVING, INC., FOR A REDUCTION IN FINAL CONTRACT PRICE OF Allen Potter, Public Works Director, provided background information on the item. The following City Resident spoke regarding this item: Mark Boyd.  $41,053.67  ACTION: Councilmember Montanaro MOVED, SECOND by Councimember Vigliotti, to approve Change Order No. 2 - Final for Goodson Paving, Inc., for a reduction in Final (TIME: 7:30 P.M.) DISCUSSITAKE ACTION ON JOBEAR CONTRACTING, INC. CHANGE ORDER NO. 1 REMOVING THE DRAIN FIELD AT DESOTO PARK DURING Allen Potter, Public Works Director, provided background information on the item. Mayor Osmer asked for citizen comments; there were no comments.  Contract price of $41,053.67. VOTE: ALL YES. MOTION CARRIED  THE SEPTIC TANK REMOVAL IN THE AMOUNT OF $15,430  ACTION: Councimember Montanaro MOVED, SECOND by Councimember Vigliotti, to approve Jobear Contracting, Inc. Change Order No. 1, removing the drain field at Desoto Park during the septic tank removal in the amount of $15,430. VOTE: ALL YES.  MOTION CARRIED.    CITY COUNCIL  PAGE 4  MEETING MINUTES NOVEMBER 16, 2022  (TIME: 7:36 P.M.) PUBLIC HEARING: DISCUSSITAKE ACTION ON ORDINANCE NO. 1229, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, AMENDING APPROPRIATIONS OF FUNDS FOR THE FISCAL YEAR 2021/2022 BUDGET ORDINANCE 1206; SAID ORDINANCE WAS PREVIOUSLY AMENDED BY ORDINANCE NO. 1217; PROVIDING AN EFFECTIVE  DATE (SECOND READING)  City Attorney Beadle read the title of the ordinance.  Mayor Osmer asked for citizen comments; there were no comments.  ACTION: Councilmember Gibson MOVED, SECOND by Vice Mayor Rozycki, to approve Ordinance No. 1229 on second reading. VOTE: ALLYES. MOTION CARRIED. (TIME: 7:37 P.M.) DISCUSS/TAKE ACTION ON ORDINANCE NO. 1230, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE CITY BOARDS HANDBOOK CREATED BY ORDINANCE NO. 1101, AS AMENDED BY ORDINANCE NO. 1137, ORDINANCE NO. 1138, ORDINANCE NO. 1152, ORDINANCE NO. 1167, ORDINANCE NO. 1172 ORDINANCE NO. 1183 AND ORDINANCE NO. 1225; AMENDING THE CITIZENSHIP REQUIREMENT FOR THE SUSTAINABILITY BOARD NON-VOTING MEMBER; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE (FIRST READING) City Attorney Beadle read the title of the ordinance. City Manager Barker provided The following City Residents spoke regarding this item: Mark Boyd, Tracy Anderson. Discussion ensued regarding potential issues with removing the voter registration requirement for primary and alternate board members. Further discussion ensued regarding allowing non-voting board liaisons to be appointed on other boards, such as Beautification Board and Recreation Board, and to remove the voter registration requirement for the non-voting board liaisons on all boards in order to allow for individuals who may not be U.S. citizens or residents of the City to have input on the boards. ACTION: Councimember Montanaro MOVED, SECOND by Councimember Gibson, to AMENDED ACTION: Councimember Montanaro MOVED, SECOND by Councimember Gibson, to approve amended Ordinance No. 1230 on first reading with the inclusion of  background information on proposed changes.  approve amended Ordinance No. 1230 on first reading.  allowing for non-voting board liaisons to be appointed on other boards.  (TIME: 7:46 P.M.) BOARD APPOINTMENTS  ACTION: Councilmember Montanaro MOVED, SECOND by Councimember Gibson to reappoint Mike Chase to the General Employee Pension Plan Board of Trustees and reappoint Laurie Heyes as a Primary Member on the Library Board, terms ending  11/16/2025. VOTE: ALL YES. MOTION CARRIED.    CITY COUNCIL  PAGE 5  MEETING MINUTES NOVEMBER 16, 2022  ACTION: Councimember Montanaro MOVED, SECOND by Councimember Gibson to appoint Sandy Grutta as an Alternate Member on the Beautification Board; Padmini Dhople as a Primary Member and Jennifer Stonehouse as an Alternate Member on the Library Board; James Brown as an Alternate Member on the Recreation Board; and Adam Floyd as an Alternate Member on the Sustainability Board, terms ending 11/16/2025. (TIME: 7:54P.M.) AGENDA ITEMS FOR NEXT REGULAR COUNCIL MEETING  VOTE: ALL YES. MOTION CARRIED.  None.  Mayor Osmer adjourned the meeting at 7:55 p.m.  JHufa Gwen Peirce, CMC City Clerk  S C    Receiveol at meefing  llie/22 4P  FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS  LAST NAME--FIRSTI NAME-MIDDLE NAME Boyd, Mark. Joseph MAILING ADDRESS 384 Norwood Avenue CITY Satellite Beach, FL DATE ON WHICHV VOTE OCCURRED November 16, 2022  NAME OFE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Satellite Beach City Council (Elect. - Not' Yet Swown In/Voting) THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON. WHICHISERVE ISAUNIT OF: (Elect- Not Vetsuvsen: In/Uay)13  COUNTY Brevard  E CITY NAME OFF POLITICAL SUBDIMISION: City of Satellite Beach MYF POSITIONIS: CE ELECTIVE  COUNTY  DOTHERLOCALAGENCY 0 APPOINTIVE  WHO MUST FILE FORM 8B  This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of Your responsibilities under thel law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before  interest under Section 112.3143, Florida Statutes.  completing and filing thet 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 wouldi inure tol his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or shei is retained); to the special private gain orl loss ofa relative; or to the special private gain or loss of 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 prohibited For purposes of this law, a relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, rather-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  from voting int that capacity.  are notl listed on any national or regional stock exchange).  ELECTED OFFICERS:  Inaddition to abstaining from voting in the situations described above, you must disclose the conflict:  PRIOR TO THE VOTE BEING TAKEN by publicly stating tot the assembly the nature of your interest in the measure ony which you are WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the  abstaining from voting; and  minutes of the meeting, who 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 in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING. AT WHICH THE VOTE WILLI BE You must complete and file this form (before making any attempt toi influence the decision) with the person responsible for recording the  whether orally or in writing and whether made by you or aty your direction.  TAKEN:  minutes oft the meeting, who will incorporate the form int the minutes. (Continued on page: 2)  CE FORME 8B- EFF. 11/2013 Adopted by reference ini Rule 34-7.010(1)), F.A.C.  PAGE1    APPOINTED OFFICERS (continued)  Acopy of thei form must be provided immediately to the other members oft the agency. The form must be read publicly at the next meeting after thet form is filed.  IF YOU MAKE NO ATTEMPT TOI INFLUENCE THE DECISION EXCEPT BY DISCUSSION, AT THE MEETING: Your must disclose orally the nature of your conflict in the measure before participating. agency, and thet form must be read publicly at the next meeting after the form is filed.  Your must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes oft the meeting, who must incorporate thet form in the minutes. A copy of the form must be provided immediately to the other members of the  DISCLOSURE OF LOCAL OFFICER'S INTEREST  Mark. Joseph Boyd  hereby disclose that on November 16  20 22  (a)A A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to thes special gain or loss of my business associate, inured to the special gain orl loss of my relative, inured tot the special gain orl loss of Goodson Paving, Inc.  by which  whom la am retained; or inured to the special gain or loss of  is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency andt the nature of my conflicting interest int the measure is as follows:  Item 10 on the Meeting Agenda for the above-referenced date. My lawi firm and I represent Goodson Paving,  Inc. on corporate matters.  Ifo 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 thei interest in such a way  ast to provide the public with notice oft the conflict.  Navebe-lb,2e9)  Date Filed  Signature  7  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 OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, ORA  CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B- EFF. 11/2013 Adopted byr reference in Rule 34-7.010(1)(), F.A.C.  PAGE2