HomeMy WebLinkAbout02112015 Agenda Packet
SEBASTIAN CITY COUNCIL
REGULAR MEETING
AGENDA
WEDNESDAY, FEBRUARY 11, 2015 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE
Procedures for Public Input are on Back of Agenda
1. CALL TO ORDER
2. INVOCATION – Reverend Dave Newhart, St. Elizabeth’s Episcopal Church
3. PLEDGE OF ALLEGIANCE – Led by Mayor Richard Gillmor
4. ROLL CALL
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff.
No public input or action under this heading.
15.034 A. Proclamation – African-American History Month – Accepted by Vice Mayor Jerome
5 Adams
15.035 B. Proclamation – Crossing Guard Appreciation Day – February 6th – Accepted by
6 Sebastian Crossing Guards and Supervisor/Certified Trainer Office Steve Marcinik
15.036 C. Waste Management Presentation – Earth Day Community Recycling Event in
Riverview Park and Community Cleanup Day at BSSC and Schumann Park
D. Brief Announcements
2/14 & 2/15 – Sebastian Art Club Show
2/16 – Presidents Day – City Hall Closed
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7. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no
separate discussion of consent agenda items unless a member City Council so requests; in which event, the
item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent
agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the
meeting or by raising his/her hand to be recognized.
7-24 A. Approval of Minutes – January 14, 2015 Regular Meeting
25-34 B. Approval of Minutes – January 28, 2015 Regular Meeting
15.037 C. Prior Approval for Council Travel – Mayor Gillmor Attendance at FLC Advanced
35-37 IEMO III – March 13-14, 2015 – Hilton Orlando/Altamonte Springs, FL (Transmittal,
Registration Form)
8. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for City
committee member nominations and appointments under this heading.
15.030 A. Disabilities Advisory Committee - Announce Member Names for Record
Carolyn Sartain-Anderson, Michael Goodfellow, Albert Iovino, Andrea Ring and
Mildred Virant
9. PUBLIC HEARINGS (None)
10. UNFINISHED BUSINESS
15.021 A. Unified Plan on Seawall Options (Transmittal, PowerPoint Presentation)
38-48
15.038 B. Barber Street Traffic Campaign (Transmittal, COS PD Statement, Traffic
49-59 Assessment Presentation by City Engineer)
11. PUBLIC INPUT
New information or requests to city council not otherwise on the prepared agenda
12. NEW BUSINESS
15.039 A. First Reading of Ordinance No. O-15-02 – Extending Veterans Advisory Board
60-62 Repealer for Additional Five Years – Schedule Second Reading and Public Hearing
for March 11, 2015 (Transmittal, O-15-02)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTION 2-253 OF CHAPTER 2, ARTICLE V. DIVISION 7. OF THE CODE OF ORDINANCES;
PROVIDING FOR A REPEALER EXTENSION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
15.031 B. First Reading Ordinance No. O-15-03 - Temporary Use Permits – Schedule Second
63-68 Reading and Public Hearing for March 11, 2015 (Transmittal, O-15-03)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT
CODE SECTION 54-2-3.2(a)(7) REGARDING PERMITTED LOCATIONS FOR TEMPORARY USES
AND SPECIAL EVENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
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15.040 C. Award Working Waterfront Fisherman’s Landing Marina Fish House Construction
69-138 Contract to Ferreira Construction in the Amount of $416,990 and Appropriate $4,915
from DST Funds (Transmittal, Bid Summary Sheet, Construction Services
Agreement)
15.041 D. Consider Funding to Participate in Indian River Lagoon Council (Transmittal, Lagoon
139-148 Council News, Mayor’s Letter to IRC Commission Chair Davis)
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
A. Vice Mayor Adams
B. Council Member Coy
C. Council Member Hill
D. Council Member McPartlan
E. Mayor Gillmor
17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority
vote of City Council)
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT
MEETINGS.
All City Council Meetings are Aired Live on Comcast Channel 25.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY’S ADA COORDINATOR AT 589-5330 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Future Council Meeting Dates:
2/25/15 Regular City Council Meeting 6:30 pm
3/11/15 Regular City Council Meeting 6:30 pm
3/25/15 Regular City Council Meeting 6:30 pm
4/8/15 Regular City Council Meeting 6:30 pm
4/22/15 Regular City Council Meeting 6:30 pm
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PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-13-18
Regular City Council Meetings
Public input is ALLOWED under the headings:
Consent Agenda
Public Hearings
Unfinished Business
New Business
Public Input
Public input is NOT ALLOWED under the headings:
Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards);
Committee Reports and Appointments (except for committee members giving reports and
applicants being interviewed for committee appointments);
City Council Matters
Charter Officer Matters
Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetings.
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City
Council may extend or terminate an individual’s time by majority vote of Council members present.
Input Directed to Chair
Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of
the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of
a member of City Council or City staff. Individuals shall not address City Council after commencement of
City Council deliberation on an agenda item after public input has concluded, provided, however, the
Mayor and members of City Council may recall an individual to provide additional information or to answer
questions.
Certain Remarks Prohibited
Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted
and may result in expulsion from the meeting. The Chair shall make determinations on such remarks,
subject to the repeal provisions below.
Appealing Decisions of Chair
Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City
Council shall overrule any decision of the Chair.
Public Input Heading on Agenda
The heading on Regular Meeting agendas “Public Input” provides an opportunity for individuals to bring
NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED
AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are
asked to provide copies of material for Council one week prior to the meeting if they intend to refer to
specific material. City Council will not debate an issue during Public Input but may by consensus direct a
Charter Officer in regard to the item if necessary or place a requested item on a future agenda.
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PROCLAMATION
African American History Month 2015
WHEREAS, in America we share a dream that no matter who we are, what we look like or
how modest our beginnings or circumstances of our birth, we are all created equal; and
WHEREAS, for African Americans, it was a dream denied until January 1, 1863 when
President Lincoln signed the Emancipation Proclamation, calling for an end to slavery, and for
many it was a dream deferred until one hundred years later, when on August 23, 1963, Dr. Martin
Luther King, Jr. stood on the steps of the Lincoln memorial and spoke of his dreams of freedom
and equality, a dream that has never come easily, but always sustained by the belief that in
America, change is possible; and
WHEREAS, National African American History Month is a time to tell stories of freedom won
and to honor the individuals who wrote them, to trace generations of African Americans, free and
slave, who risked everything to realize their God-given rights. When we listen to the echoes of
speeches and struggle that made our Nation stronger, we hear again the thousands who sat in,
stood up, and called out for equal treatment under the law, and we see yesterday's visionaries in
tomorrow's leaders, reminding us that while we have yet to reach the mountaintop, we cannot stop
climbing; and
WHEREAS, these brave Americans did not sacrifice to secure fundamental rights for
themselves and others only to see those rights denied to their children and grandchildren. Our
Nation is still racked with division and poverty, with too many children living in crumbling
neighborhoods, attending substandard schools and affected by daily violence in their
communities; and
WHEREAS, countless, quiet heroes who worked and bled for change, and African
Americans who led by their example throughout the Nation’s history, know that with enough
perseverance and united effort, people who love their country can change it.
NOW, THEREFORE, by virtue of the authority vested in me as Mayor of the City of
Sebastian, Florida, and on behalf of the Sebastian City Council, I hereby recognize February 2015
as National African American History Month and urge all residents to understand and learn
more about African American history, to live by the example of those men and women who fought
for equality, and to follow in their footsteps toward a better future.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Sebastian to be affixed this 11th day of February 2015.
City of Sebastian, Florida
___________________________
Richard H. Gillmor, Mayor
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PROCLAMATION
Crossing Guard Appreciation Day – February 6th
WHEREAS, each and every school day, thousands of dedicated individuals
whom we call crossing guards assist our children across busy streets as they arrive and
depart from school; and
WHEREAS, State and local governments place top priority on child safety and
recognize that education plays a critical role in ensuring the safety of our children and
the crossing guards who assist them on their way to and from school; and
WHEREAS, crossing guards provide an invaluable service to our communities
and deserve special recognition for their tireless efforts.
NOW, THEREFORE, I, Richard H. Gillmor, by virtue of the authority vested in
me as Mayor of the City of Sebastian, Florida, and on behalf of the Sebastian City
Council, do hereby recognize February 6, 2015 as CROSSING GUARD
APPRECIATION DAY in Sebastian and ask all of our citizens to express their
appreciation to our Sebastian Crossing Guards for keeping our children safe every day
of the school year.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
the City of Sebastian to be affixed this 11th day of February, 2013.
City of Sebastian, Florida
________________________________
Richard H. Gillmor, Mayor
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SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JANUARY 14, 2015 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Gillmor called the Regular Meeting to order at 6:30 p.m.
2. Invocation was given by Pastor Seth Goldsmith, Coastal Community Church.
3. The Pledge of Allegiance was led by Council Member Jim Hill.
4. ROLL CALL
City Council Present:
Mayor Richard Gillmor
Vice Mayor Jerome Adams
Council Member Andrea Coy
Council Member Jim Hill
Council Member Bob McPartlan
City Staff Present:
City Manager, Joe Griffin
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
City Engineer/PW Director, Frank Watanabe
Administrative Services Director, Ken Killgore
Fleet Manager, Greg Schmidt
Zoning Tech, Dorri Bosworth
Police Chief, Michelle Morris
Police Officer, Steven Marcinik
E-Records & Information Manager, Barbara Brooke-Reese
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
None.
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff.
No public input or action under this heading.
15.001 A. Remembrance of Former City Council Member/Vice Mayor Joe Barczyk (Service
1999-2005) by Council Member Hill
Mr. Hill gave a brief remembrance of former Council Member Joe Barczyk who passed away
in January, citing his and his wife Jayne’s community involvement in Sebastian from 1998 to
2005 on many City committees.
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B. Presentation of Proclamations and Certificates by Mayor Gillmor
15.002 i. Proclamation – National Mentoring Month – January 2015 – Accepted by
6 Sabrina Seme, Big Brothers/Big Sisters of St. Lucie, Indian River and
Okeechobee Counties
Mayor Gillmor read and presented the proclamation to Sabrina Seme, Big Brothers/ Big
Sisters. Ms. Seme encouraged participation in mentoring area children noting there are 200
children on a mentor waiting list.
15.003 ii. Proclamation – Florida First Responders Appreciation Week – January 5-9,
7 2015 – Accepted by Police Chief Michelle Morris
Mayor Gillmor read and presented the proclamation to Sebastian Police Officer Steve
Marcinik.
C. Brief Announcements
• 1/17/15 and 1/18/15 – Sebastian River Fine Art & Music Festival – IR Drive/Riverview Park
• 1/23/15 – Sebastian Chamber Concert in Riverview Park – Nightfly – 5:30 to 8 pm
• 1/24/15 – Sebastian River Art Club Show in Riverview Park – 10 am to 4 pm
Mayor Gillmor read the announcements listed above.
Ms. Coy added the Fellsmere Frog Leg Festival from 1/16/15 through 1/17/15.
Mr. Hill announced that Sebastian had its 90th birthday on December 8, 2014, noting that
Charles Sembler was on the first Town Council.
7. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate
discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and
acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a
Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized.
8-21 A. Approval of Minutes – December 10, 2014 Regular Meeting
15.004 B. Approve Municipal Election Agreement Between IRC Supervisor of Elections and
22-23 City of Sebastian for Conduct of 11/3/15 General Election - $2 Per Registered Voter
– Approximately $34,000 from FY 2016 Budget (Transmittal, Agreement)
15.005 C. Approve Purchase of One 2015 Chevrolet 2500 Extended Cab 4X4 Truck for Crime
34-44 Scene/Investigations from Alan Jay Fleet Sales under Florida Sheriffs’ Association
Contract #14-22-0904 in the Amount of $27,928.50 with Balance of Budgeted Funds
to Purchase Additional Required Equipment for Truck (Transmittal, Vendor Quote,
FSA Bid Award)
15.006 D. Approve Purchase of Three 2015 Chevrolet Caprice Police Units from Alan Jay Fleet
45-48 Sales Under the State of Florida Contract #215100000-15-1 in the Total Amount of
$106,880.76 with Balance of Budgeted Funds to Purchase Additional Required
Equipment for Units (Transmittal, Vendor Quote, State of FL Award)
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15.007 E. Approve Purchase of One 2015 Ford F-250 4x4 Truck for Code Enforcement from
49-58 Alan Jay Fleet Sales Under Florida Sheriff’s Association Contract #14-22-0904 in the
Amount of $26,992.50 with Balance of Budgeted Funds to Purchase Additional
Required Equipment for Truck (Transmittal, Vendor Quote, FSA Bid Award)
15.008 F. Approve Purchase of One 2015 Chevrolet Tahoe for Police K-9 Service from Alan
59-64 Jay Fleet Sales under Florida Sheriffs’ Association Contract #14-22-0904 in the
Amount of $43,863.50 with Balance of Budgeted Funds to Purchase Additional
Required Equipment for Truck (Transmittal, Vendor Quote, FSA Bid Award)
15.009 G. Approve Purchase of One 2015 Nissan Frontier Extended Cab Pickup Truck from
65-73 Roundtree-Moore Automotive Group for Building Department Under Florida Sheriff’s
Association Contract #14-22-0904 in the Amount of $18,909 (Transmittal, Vendor
Quote, FSA Bid Award)
15.010 H. Approve Purchase of One 2015 Ford F-250 4X2 Truck for Parks Department from
74-83 Alan Jay Fleet Sales Under Florida Sheriff’s Association Contract #14-22-0904 in the
Amount of $22,942.50 (Transmittal, Vendor Quote, FSA Bid Award)
15.011 I. Approve Purchase of One 2015 Ford Interceptor Utility Vehicle for Police Department
84-92 from Duval Ford Fleet Sales Under Florida Sheriff’s Association Contract #14-22-
0904 in the Amount of $26,695 with Balance of Budgeted Funds to Purchase
Additional Required Equipment for Vehicle (Transmittal, Vendor Quote, FSA Bid
Award)
15.012 J. Approve Purchase of One 2015 Ford F-550 Truck for Stormwater Department from
93-102 Duval Ford Under Florida Sheriff’s Association Contract #14-12-0904 in the Amount
of $47,724 (Transmittal, Vendor Quote, FSA Bid Award)
15.013 K. Approve Purchase of Two 2015 Ford F-250 4X4 Trucks for Stormwater Department
103-112 from Alan Jay Fleet Sales Under Florida Sheriff’s Association Contract #14-22-0904
in the Total Amount of $53,985 (Transmittal, Vendor Quote, FSA Bid Award)
15.014 L. Authorize City Manager to Acknowledge Authorization Engagement Letter dated
113-124 12/10/14 with Rehmann Robson and Change Order for Additional $2,000 for Police
Officers Pension Plan (Transmittal, Engagement Letter, Example Change Order)
15.015 M. Authorize City Manager to Approve Memorandum of Understanding with Coastal
125-128 Florida Public Employees Association Regarding Changes to Collective Bargaining
Agreement to Increase the Cap for Employee Incentive Payments for Building
Inspector Certifications from $250 to $500 Annually (Transmittal, Memo of
Understanding, Article 14.5 CFPEA Pgs 29 & 30)
15.016 N. Approve Alcoholic Beverage Request at Yacht Club for Surprise Birthday Party
129 1/24/15 from 7 pm to 11 pm –Age Verified (Transmittal, Permit Application on File)
14.121/ O. Approve Resolution No. R-15-02 - Collier Club Final Plat Phase IIID (Transmittal,
15.017 R-15-02, Area Map, Engineer of Record Certification Letter, Application, Final Plat)
130-138
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING
THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB, PHASE IIID; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
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Mr. McPartlan removed item L on behalf of the City Manager.
MOTION by Ms. Coy and SECOND by Mr. Hill to approve items A-K and M-O.
Roll Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0
Item L – Rehmann Robson Audit Engagement Letter
The City Manager and Administrative Services clarified that there was $39K budgeted, staff
thought this year’s audit could be done for $37K, but under GASB the police pension
additional audit would cost $4,000 so the total cost is $41K and the additional $2K over
budget would be appropriated from GF and enterprise funds.
MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve item L as amended.
Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Gillmor Nays: None Passed: 5-0
8. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for City committee
member nominations and appointments under this heading.
15.018 A. Natural Resources Board
139-153
i. Interview, Unless Waived, Submit Nominations for One Unexpired Regular
Member Position with Term to Expire July 2017 w/Option to Appoint Alternate
if Current Alternate Moved Up (Transmittal, 4 Applications, Ad, Member List)
Prior to action on the Natural Resources Board appointment, Mayor Gillmor announced that
applicant Terry Taylor was taking the place of his Citizens Budget Review Advisory Board
Member appointee, and was withdrawing his application to Natural Resources Board.
City Council briefly interviewed two of the remaining three applicants who were present,
Andrea Ring and Jack Lampiasi.
Mr. Hill nominated Ms. Ring to the regular member position and Mr. Lampiasi to the vacated
alternate position. There were no other nominations, therefore they were appointed.
9. PUBLIC HEARINGS (Legislative & Quasi-Judicial)
Procedures for legislative public hearings:
Mayor opens hearing
Attorney reads ordinance or resolution
Staff presentation
Public input (Anyone wishing to speak is asked to raise hand and when called, go to the podium and state name for record)
Staff summation
Mayor closes hearing
Council deliberation and action
14.184/ A. Second Reading and Public Hearing - Ordinance No. O-14-06 - Deferred from
15.019 12/10/14 – Amending LDC Section 54-2-3.2 Re: Procedures and Criteria for
154-160 Temporary Use Permits – Legislative Hearing (Transmittal, O-14-06, Definitions)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE
SECTION 54-2-3.2 REGARDING PROCEDURES AND CRITERIA FOR REVIEW OF TEMPORARY USES;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE.
Mayor Gillmor opened the hearing at 6:50 p.m. and the City Attorney read Ordinance No.
O-14-06 by title.
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The City Manager said at the December 10, 2014 meeting he was instructed to gather
information and provide a recommendation as to how the ordinance should read, met with
businesses and civic organization to get their input, and provided it in the agenda
transmittal. He noted he had heard from others by email as has Council.
Mayor Gillmor called for public input.
Louise Kautenberg, Sebastian asked them to consider this carefully since it has and will
have a dramatic impact on local businesses, that they not kill the goose that laid the golden
egg. She said this is not about fundraising for the vendors who do business without the
bricks and mortar and local rules that are required of local businesses.
Mr. Hill said he liked the input they got, and would propose we pass with a few changes, that
the only zoning is Public Service (PS), only allowed on improved lots, six times per year. He
asked for input from Council on the fee, and suggested perhaps $200 is reasonable, and
that no alcoholic beverage sales or food trucks be allowed.
Council discussion followed as to if only PS, Walmart could not sell anything under a
temporary permit, what uses are in PS zoning, such as churches, American Legion, VFW,
city properties, considering banning in PS in residential areas, the ability of the City Manager
to override ordinance regulations, that seasonal tent sales are kind of a hybrid, not wanting
to allow in commercial unimproved lots, PS zoning issue in relation to use of city parks and
the need to make those sacred and approved only by Council. Further discussion took place
on car sales and excluding them from the ordinance due to past problems that have
occurred and their direct competition with local businesses. The City Manager said we can
make car sales a prohibition and the City Attorney asked them to clarify car sales. The City
Manager said car sales are excluded in the riverfront area and he has heard complaints
about moveable tent car sales. Mr. Hill said that should be a separate regulation. It was
agreed to address car regulation at a later time and exclude here.
MOTION by Mr. Hill and SECOND by Ms. Coy to approve clearly outlining that the only
zoning districts that will be allowed will be Public Service (PS) in non-residential areas, only
on improved lots, allowed up to six times per year, fee of $200 per event, no independent
food trucks, and no alcohol sales.
Mayor Gillmor asked if he would consider moderating the fee for a smaller entity or having
profit/non-profit fees such as is done for park events. The City Manager suggested a
charitable entity having six events per year could pay the fee for the upfront event and then
give him the discretion to reduce the cost for subsequent events assuming it is the same
structure.
Mr. Hill and Ms. Coy agreed to add to motion. Ms. Coy asked about car sales and Mr. Hill
asked how we define a car. The City Attorney said motor vehicle covers a wide area. Mr. Hill
asked if we can change the ordinance without changing the title and the City Attorney said
yes. The City Manager then said he would be more comfortable if we could defer again, take
Council’s recommendation and come back with a finished product at the next meeting. Mr.
Hill said it is clear where we are.
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Mayor Gillmor noted a discrepancy between packet page 155 paragraph 4 (ordinance 1st
page) which requires “if” the applicant is not the property owner they submit a $200 cash
bond and on page on page 157 paragraph C (ordinance 3rd page) it states the applicant
shall post $200 cash bond and it should state “if required”.
Mr. Hill restated the amended motion to approve Ordinance No. O-14-06 with a clear
understanding of the zoning districts, Public Service, no residential, only on improved lots,
allowed up to six times per year, with upfront fee of $200 to be adjusted by the City
Manager, no independent food trucks, no alcohol, and excluding motor vehicles that run on
the road and have four wheels. Ms. Coy concurred.
The City Attorney defined the motion is to approve with amendments as follows: Public
Service districts in non-residential neighborhoods only, which he explained means if you had
a church in a residential area, they would not be permitted to have a temporary use and if
you have a church and the area around it is commercial, then you could, only on improved
lots, and up to six times per year.
Ms. Coy noted now we have excluded Christmas trees at Walmart and fireworks at Walmart
and she did not want to exclude those. There was consensus to include commercial districts
back in. The City Attorney restated again:
• Commercial and Public Service in Non-Residential Areas
• Improved lots
• Six times per year
• $200 for the initial event and City Manager will determine fees for subsequent events
• No food trucks
• No alcohol sales
• No motor vehicles
Mr. Hill said that is the motion and Ms. Coy concurred.
Mr. Adams expressed concern for excluding churches in residential areas which would be
prohibited from temporary uses citing the church on Clearmont, and the City Attorney
agreed this ordinance would not permit a temporary use permit there. Mr. Hill said that is
not the intent if they wanted a small event. Ms. Coy said this is not for something contained
within the facility, but it would be prohibit something only outdoors. Mayor Gillmor said if they
wanted something larger maybe they could use someone else’s commercial property or
another church. Mr. Adams said we need to work on this some more.
Mayor Gillmor asked for a roll call on the motion.
Roll Call: Ayes: Coy, Hill, McPartlan, Gillmor Nays: Adams Passed: 4-1
15.020 B. Conduct Quasi-Judicial Public Hearing on Resolution No. R-15-01 – Special Use
161-194 Permit - RV Resort in PUD-C Zoning - Chesser’s Gap Transmittal, R-15-01,
Procedures & Staff Report, Conceptual Plan, Aerial, Aerial with Site Plan, App with
Backup, Chesser’s Gap PUD and Plat, PZ Minutes 11-6-14)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A
SPECIAL USE PERMIT FOR A RECREATIONAL VEHICLE RESORT WITHIN A COMMERCIAL PLANNED
UNIT DEVELOPMENT (PUD-C), SPECIFICALLY FOR THE CHESSER’S GAP PUD LOCATED SOUTH OF
SEBASTIAN BOULEVARD ALONG FLEMING STREET; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR EFFECTIVE DATE.
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Mayor Gillmor opened the public hearing at 7:22 pm and the City Attorney read Resolution
No. R-15-01 by title.
Ms. Coy disclosed she had a discussion with Dr. Fischer who was upset with the conduct of
the Planning and Zoning Commission Meeting but she told him she could not discuss the
issue with him, that discussion would not affect her decision, and, in response to the City
Attorney, said she did not discuss with him the merits of this item.
Mayor Gillmor said he also had a similar conversation with Dr. Fischer, and in response to
the City Attorney said he did not discuss the merits of this item.
Mr. McPartlan said he had the same conversation with Dr. Fischer and spoke to Mr. King a
little bit about the project and understanding RVers, and in response to the City Attorney
said he would be able to base his judgment on the evidence produced before him on the
record, uninfluenced by those phone conversations.
The City Clerk swore in all those who intended to offer factual testimony during the hearing.
Attorney Warren Dill, 1565 US 1, Sebastian, representing applicants Tarek Kirschen, owner
of the property on the north side of Fleming Street, and Dr. Henry Fischer, owner of the
property on the south side of Fleming Street. He introduced Mr. Kirschen, Dr. Fischer, Todd
Howder of MBV Engineering and Peter Armfield of Armfield, Wagner, an appraisal firm in
Vero Beach.
Mr. Dill said the property is commonly known as Chesser’s Gap, is an approved PUD and is
approved for residential, commercial and light industrial uses, and the request before
Council is for a special use permit for a very upscale RV resort, because the Land
Development Code does not address that use. He said all the uses requested are already
approved as permitted or conditional uses except for the actual RV sites. He said the LDC
cannot list every conceivable use so it provides this special exception process, so they can
review that and can impose conditions on that use to strictly regulate the project. He said
staff has recommended 16 conditions and the applicants are proposing two more. He
described the process they must go through, first being the special use permit and second
the site plan approval process, at which time additional conditions can be imposed.
Mr. Dill said at the prior Planning and Zoning Commission hearing, some residents had
concerns, which break down into two categories, the first being the misconception of these
being mobile homes and property values, and the second being pedophiles. He said he can
state unequivocally that there will be no mobile homes on the property because the zoning
does not allow it here, conditions of approval will prohibit mobile homes and there will be
deed restrictions which they will ask the City Attorney to look at and which will prohibit them.
He went on to say he understood potential concerns regarding new uses coming into their
area which may affect their property, noting this will be addressed by Mr. Armfield. He said
the idea that saying that RV owners are pedophiles is incomprehensible to him, and realizes
emotions run high and comments can be made, but there are lines that you don’t cross
unless you can back it up. He said everyone took an oath to tell the truth and if it comes up,
he will exercise his legal right to cross-examine that speaker at the podium and have them
set forth their credentials and qualifications to make that statement.
Mr. Dill said staff has done a complete and thorough job of reviewing the project, and
recommends approval of the project. He said the resort is worthy of approval due its minimal
impact on the surrounding area and the revenue that will be generated, that based on an
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average lot price of $80K, one lot would generate $1309 in annual taxes, which pales
compared to the money these people will be spending in the businesses in town. He said
they are people who are in motor homes that cost from $500K to several millions.
Todd Howder, MBV Engineering, gave a Power Point presentation (see PP attached to
minutes for reference). During the presentation Mr. Howder noted that there would be a 90%
reduction in daily trips from the RV Resort in comparison to the previously approved
townhouses on this property, and Mr. Dill noted this was the best use for traffic impacts in
the location. Further, it was noted that there would be a 50 foot buffer on the east side of the
project, which was information left off the PZ hearing, as well as deletion of the exit to Wave
Street, inclusion of no left turn out of the north side and no right turn out of the south side
and a 24/7 guarded gate. Mr. Howder went on to cite the height comparison, entrance
gatehouse, RV lot appearance with brick pavers, structures and seating, class A RV types,
and prohibited RV types.
Mr. Dill presented additional conditions in regard to allowing Class A motorhomes in excess
of 26 feet only and review of deed restrictions by the City Attorney for consistency with
conditions of approval of the Special Use Permit (see exhibit listing two conditions submitted
by Mr. Dill attached to minutes).
Peter Armfield, President Armfield-Wagner Appraisal Research, 1940 10th Avenue, Vero
Beach, cited his 35 years of experience in appraisals in Indian River County, both public and
private, including City of Sebastian, City of Vero Beach and Indian River County, his MAI
certification which recognizes his expertise in appraisals of non-residential properties, and
SRA designation which recognizes expertise in appraisal of residential properties. He said
he was contacted by Warren Dill to form an opinion on the impact on values of surrounding
residential properties of the subject property with 148 estate lots for Class A motor homes,
well designed with landscaping. He said the principle surrounding properties are Harbor
Point and Collier Creek to the east, which are upscale subdivisions with houses in the range
of $200K to $400K, with square footage of 1800 to 4000 sf, and parts of Sebastian
Highlands to the south and to the northeast with a price range somewhat lower. He said all
of these areas are accessed from many directions. He said most values are related to
supply and demand, and there is nothing in this development that will materially affect these
subdivisions. He cited subdivisions of this type, including South Moon Under, Ashbury and
Laurel Reserve which have developed successfully alongside of and accessible through
other types of commercial, mobile home zoning uses and older highlands areas, and that
has not lessened the marketability of homes in these subdivisions.
Mr. Armfield said this RV resort will be quite attractive with professional landscaping, an
improvement over what is there now, if developed as conceptualized with more intense
stewardship, will have a homeowners’ fund to keep the property in an attractive manner over
time. In conclusion, he stated that if Chesser’s Gap RV Resort is built as conceptualized, it
will not result in a detrimental influence on surrounding residential properties.
Mr. Dill said this concludes the applicants’ presentation subject to his right to cross-examine
speakers, and to respond to speakers.
The City Manager said on November 6, 2014, Planning and Zoning held its meeting and he
watched it at home, the next day gathered materials and over the next two days reviewed all
the materials, said some things were missed. He said he concluded this development will
have a lot of merit to the City, and in subsequent talks to the agents for this property,
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encouraged them to move forward with this application to the Council, and recommended on
behalf of staff, approval of R-15-01.
Mayor Gillmor called recess at 8:07 pm and reconvened the meeting at 8:23 pm. All
members were present.
At this time Mayor Gillmor called for public input, specifically for those in favor.
Debra Green said she originally wanted protection for children and that there would be
background checks, the Police Chief said all sex offenders have to be registered, said she
was an insurance underwriter for ten years, resorts come across her desk for individual
owners, and they sell for $50K to $60K, and in the ten years she has been doing this she
has not had one claim. She said this will bring good income to City and is for this.
Christine Hall, owner Indian River RV, Sebastian, said she was very excited about this
project, and described her RV owner clientele, who have disposable income, are very
friendly, are outdoors people, love our river and our restaurants. She said this fits in our City
and will bring more jobs including her own which has grown from two people to 15. She said
she would much rather have this resort there than looking at the back of a Lowes. She said
a lot of her northern customers end up buying a home and end up in Sebastian.
Ben Hocker, Sebastian, asked for clarification of the number of anticipated units. He noted
that the agenda packet states 148 on page 173, and on page 184 it states 96 units and
$100K per unit and tonight it was presented at $80K per unit. Mayor Gillmor said the correct
number is 148. He said 96 are on one side of the road and 51 are on the other side.
Jim Sunnycalb, 721 South Easy Street, Collier Creek, described the Sunshine RV Resort
where he stayed and found a place to live, that people in the resort will be the type of people
who will want to build in his neighborhood. He said John King and Dr. Fischer will build a
high class project and it will be done in good taste, did not see it being run down later and
he sees it as an asset to Collier Creek, that this is a NIMBY syndrome such as it was with
the Dog Park and Stormwater Park. He said he would rather see this than low income
housing.
Lynn Clark, Sebastian, asked when and if the development comes in will it be done in small
phases or all at once.
Mayor Gillmor called for public opposing the request.
Greg Paschal, 115 Harbor Point Drive, also member of Parks and Recreation Committee,
disagreed with the comment that they don’t understand about the project, stating that he had
done a lot of research, had been at the development office, visited other sites and talked to
a lot of people in the community. He said he had no problem with an RV park per se; it is the
location and whether it is the best use in the heart of a residential area. He said information
given has been coming from the development office and clarified that we are looking at a
special use permit and this is a site plan. He said he finds it curious that there was never a
disclosure statement made during the Planning and Zoning hearing about Jan King being in
the development office and John King being a part of the development. He said when things
came up in the hearing and it was asked if things would be in a particular place they were
told no, they did not know because that is not a site plan, which he found odd and confusing
as to where that information was coming. He cited PZ findings on the special use permit.
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He referenced staff report page six, LDC 54-2-6.2.d and said it reads that if Council is going
to overturn what is already voted on by PZ they have to find that the application meets the
six criteria set out in that section under LDC Conditional Use Criteria. He cited areas where
it does not meet those criteria. He said he visited the St. Lucie West RV Resort cited by the
applicant and that it is a completely enclosed development not split by a major thoroughfare,
and it supports the uses around it, and is close to Mets stadium, I-95; but in this case,
transient housing does not fit with the community that is established. He said the site
managers in St. Lucie, said in their opinion, it does not make sense to split this by a major
thoroughfare, and it will increase traffic. He referenced the statement made about 296 traffic
trips, noting there was no estimate on the number of participants. He said the traffic will be
increased. He then cited that after PZ, the Wave intersection has been moved, and since
this is not a site plan they are not sure what they are looking at, it is a moving target and
about talked about trust, and how hard it is to know what we are talking about.
Mayor Gillmor asked if he was a spokesperson for people here and Mr. Paschal said no just
very concerned. Mayor Gillmor told him there is a five minute time limit and his time was
about up. Mr. Paschal said “if my community will give me more time”, and the audience
yelled out.
Mr. Hill said this is inappropriate, unless he is the only one who is going to speak in
opposition. Mr. Paschal said he was not trying to monopolize others’ time. Mayor Gillmor
said that is why he asked if he was their spokesperson and if everyone wants to give up
their rights to speak. Mr. Paschal said that was not fair for him to speak for the community,
and said he will wrap up his discussion, but that’s not really fair to say beforehand that there
is a five minute limit. Mayor Gillmor said it is written on our agendas. He said the other
aspect was safety and the other extreme was pedophilia but thought the applicant’s attorney
was skewing our concern, because if you have residents that are not permanent the small
things get lost and that is concerning. He said the last thing is that it has not been clearly
stated if a lot owner could rent to someone else, and that is a concern as to the traffic going
in and out and the transient nature of people traveling here for a couple of years or months.
He asked to hear Council’s thoughts when they vote and that they really consider that the
established residences around this use planned for ten to fifteen years back. He said it
seems odd to put this in the heart of the City and he was disheartened by Dr. Fischer saying
if we don’t like his vision, they are going to do something the community doesn’t like.
Ms. Coy asked Mr. Paschal is anyone in his neighborhood is a snowbird. Mr. Paschal said
no and Ms. Coy said there are many, many snowbirds in Sebastian but by his definition
snowbirds are transients. She said she is allowed to sublet her home but perhaps he, in a
deed restricted cannot, and that this development will have deed restrictions. She said when
he says transients he is talking about every snowbird, maybe 50% of the population. Mr.
Paschal responded even if his neighbor were a snowbird, it is permanent structure and if
renting it out, you are more likely to know who is there. He said these are mobile homes,
there today and gone tomorrow. Ms. Coy said if someone buys a lot there is a deed and we
know how to find them.
Mayor Gillmor advised that there is no clapping allowed.
Mr. McPartlan said he had asked the Police Chief to pull criminal complaints on RV resorts
in St. Lucie West and Fort Pierce area and our own affordable housing, that in his 14 years
at DCF he did not recall getting complaints from an RV resort.
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Mr. Hill asked if it was appropriate to do this under this section of this quasi-judicial
procedures and the City Attorney said it was in answer to an issue brought forward and okay.
Chief Morris said she pulled data for that RV resort in Port St. Lucie for FY 12, 13 and 14
and there were 51 calls to PSL PD for medical, traffic, VIN verification, five generated
reports – 2 disturbances, 1 theft, 1 suspicious vehicle and 1 agency assist; Fort Pierce
similar but not luxury resort from Okeechobee Road, 314 calls for service over three year
period and none were crime reports. She said she pulled from Sebastian’s low income
housing and we had 1527 calls for service over three years and 94 were crime reports.
John Johnston, 747 S. Easy Street, President of Collier Creek Homeowners’ Association,
said the traffic around Fleming Street has school buses and parents picking up school
children, did not believe no left turn or no right turn will make a difference, that this will cause
congestion and would rather them have an entrance off 512. As to the subletting of RVs,
they can come in today and be gone tomorrow, will be a seasonal park, and asked if he had
an RV why would he come to Sebastian when there are National Parks much more
appealing, noting shopping center falling apart, closed gas station, funeral home; and
expressed concern about golf carts and the City’s ability to oversee regulations of the resort
once it is established.
Gilbert ??, Collier Creek, said a lot of good points were brought up against the park, on
three sides there is RS-10 zoning and if this goes through it will be 15 units per acre,
expressed concern about safety, entrances on both sides of Fleming, school kids walking
and biking and that it will only take one of these big luxury RVs on a narrow street blocking
up traffic and all you need is one accident and we will have to answer why we put the resort
here. He asked how the 148 units and cited 296 trips add up to revenue for the City. He said
he thinks the numbers are skewed. He said this is inconsistent with present zoning and a
compromise of safety.
Patricia Keller, owner of five undeveloped lots in Collier Creek Estates, had concerns about
effect on property values, noted some property value has dropped as much as 50%, and
allowing an RV park to be developed will impact the neighborhood, add to congestion and
traffic, peace and tranquility, asked if any study had been done to find out where we are
going to find all these upscale RVers, noting an average lot in Collier Creek is only $61K for
½ acre, and average house is $261K, whether banks will finance the lots, said property on
510 near A1A sat vacant for ten years, and she preferred a single family home project.
Maureen Mathewson, 108 Harbor Point Drive, said they bought their lot 16 years ago
partially based on Chesser’s Gap conceptual plans for restaurants, shops and now there is
a rundown shopping center, abandoned gas station, and a crematorium. She said she
opposed the planned townhouses and the crematorium, noting the City had promised they
would put up a barrier there, but there is no barrier and no bushes, and she is asked to trust
the conceptual plan. She said she didn’t know anyone who would spend $80K on an RV lot
next to a crematorium. She said if this is approved she will ask the City to renew her faith
and have it look like it is conceived in pictures, that transients have no stake in their
property. She said she has been a resident for twenty five years and the City and Dr.
Fischer have let her down.
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Walter Gill, 742 Easy Street, Collier Creek, an avid RV owner, said we are really talking
about three resorts based on the three parcels which will hold RVs, cited his experience in
staying in RV resorts, noting they start out with only Class A and then move to allowing Bs,
Cs, and fifth wheels. He said As start at $59K and then jump up in price, noting he had
never been to park divided up like this.
Dave Samuelson, 100 Harbor Point Drive, said this Council is elected to their offices. Mayor
Gillmor asked him to talk about the RV Resort. Mr. Samuelson said he was told this was a
done deal and they only way they can convince him otherwise is to turn it down.
Ms. Coy said for the record she did not watch the PZ meeting, requested a copy of it, started
to watch it but stopped. She said she is getting her information tonight, resented his
comment and said she is trying to do her job in a quasi-judicial hearing in accordance with
the rules of law.
Frank Lamachia, 722 South Easy Street, retired military pilot and safety officer, reiterated a
few points, from a safety standpoint this is idiotic because it is two parks divided by a road,
there a lot of kids, he rides his bike frequently, said he had never owned an RV, no special
license is needed and some don’t know how to drive RVs, so this is not the proper forum for
an RV park. He said he they will be driving around once they get there, asked where they
get 126 trips, noting they will be driving around, said they won’t be happy canoeing on the
property, asked will they hang out at the funeral parlor, or the dollar store, and the tiki bar
won’t work, and the RV owners will lease out. He said he could bring in five appraisers who
would say it will bring down property values.
Mayor Gillmor asked people to stay on point, and if they have something new that Council
has not already heard to bring it.
Al Manzi, 742 Holden Avenue, asked if there would be water or well and sewer or septic,
and Mayor Gillmor said it would be water and sewer. Mr. Manzi said Dr. Fischer and Mr.
King did a great job on Collier Creek Estates and kept it at two homes per acre, that Dr.
Fischer expressed threats and it is not the way he normally operates and understands he
wants to maximize it. Mayor Gillmor said if he has reasons why he wants them to deny this,
please get to it. Mr. Manzi said because he did not believe it will be an asset to the City.
John Maylie, Carnation Drive, 380 feet from the development, asked who would want to
have a resort at an intersection. Mayor Gillmor asked him what reason he would bring up
that it should be denied. Mr. Maylie said he is going to talk about the comprehensive plan
and that this does not satisfy the comprehensive plan. Mayor Gillmor said that has already
been brought up, and asked if he had something new. Mr. Maylie asked if there was any
way to guarantee eight foot walls all the way around to block walls and visual problems.
Mayor Gillmor said I think it’s in the plan. Mr. Maylie said this is not a plan, and wanted to be
sure if this is approved, that eight foot walls be stipulated. Ms. Coy said this is what she
wants to hear, and asked if there is anything else they want stipulated. Mr. Maylie said they
need lights and a crosswalk.
David Barelle, Holden Avenue, reminded them that all those who spoke on how beautiful
this will be are paid by the developer and the people who spoke against it live in the
community, are the taxpayers who they represent and would appreciate it very much if they
vote against this.
Mayor Gillmor closed the hearing at 9:23 pm.
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Warren Dill responded to a number of item raised: 1) $80K lot cost is an average, some
lower and some higher; 2) is it going to be phased or at once, noting it will be phased over a
period of years; 3) the gentleman who visited St. Lucie West, noted that was a competitor
and he would expect that response; 4) trust, that they were not asking them to trust them,
that they had all the muscle they need to set conditions tonight and then set more when they
come back with the site plan, which they will adhere to; 5) renters, any house in this City can
be rented, and renters will have to be vetted the same way an owner does with background
checks; 6) eight foot walls, it can be a requirement tonight or during site plan and they can
require them to put the walls where they show them on the plans, and if they don’t trust
them put the condition on; 7) a full traffic study will be required during site plan by a
professional traffic engineer. He said the real teeth will come at site plan review.
Todd Howder, MBV Engineering, said the trip information was taken from ITE, the Institute
for Traffic Engineers, and is used by counties and municipalities throughout the State to
generate daily trips.
The City Manager recommended approval of the resolution and commented on the assault
on Jan King which he thought was out of line. He said Ms. King has been a faithful servant
of this community for over 25 years, he has absolute trust in her work product, and she has
distanced herself and recused herself from this project. He said the fact that she works in
Community Development does not reflect what is going on with this application.
Mr. McPartlan said he did not understand RVing so had asked a lot of questions, noted that
461 of 502 lots in St. Lucie West have been sold, understood the concerns at PZ meeting
about crime, that is why he had the Chief run the numbers and it appears that people who
live in RV parks are law abiding citizens with a high disposable income, understood people’s
disappointment in Chesser’s Gap stating the RV resort may revitalize that and the 512
corridor, encouraged people to visit the St. Lucie RV resort and said in his 14 years of
driving down to St. Lucie, he has not seen an RV on the road pulling in or out, thought the
project was good for the area, noting this could be low income affordable housing which we
are in need of, but a Class A resort is what we want to bring in.
Ms. Coy said 48 years ago she came to Sebastian with her father and it was her intention to
retire to Sebastian in a 40 foot RV after her military career, and displayed a photo of it, but
her career was cut short by a terrible car accident and she could no longer afford the RV.
She said she came to Sebastian and retired into a trailer in Orange Heights, which she lost
in the 2004 hurricanes. She said as she looks out in the audience, we could be sitting in the
clubhouse of any of the RV resorts where she has been, noting they are the same as RVers,
but is hearing this idea that RVers are different than them. She said we are not talking about
a KOA, there are thousands who can afford these lots and they are good people, and to
characterize them as any less is a personal affront to her. She said the other issue she
hears is that they don’t trust that the developers will be held accountable. She committed to
them that if this is approved she will stay on this and be up their butts to meet all conditions,
citing eight foot walls, and appropriate lighting. She said on a Special Use they have the
latitude to put in conditions, noting when Lowe’s wanted in there was nothing they could
have done, but she is picking a project she can control. She said she is inclined to protect
them, but stated the resort can be an asset to the City, and noted as reminded by the State,
we are low on low income and senior housing, and as property owner, Council has to
protect the property owner’s rights as well, and can impose conditions here and at site plan
review, it can be tweaked some more.
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Mr. Adams said the job of Council is to do what they think is best for the residents and the
City, and they have to look at the applicant’s side and the residents’ side, and the applicant
owns the land and can make plans for what they want to do, bringing the RV resort to the
City and the potential for tax dollars, benefits to businesses, potential for more jobs. He said
it is a very nice looking proposal, but there are concerns of the citizens and he has his own
concerns. He said Class A vehicles can do damage to Fleming, safety concerns with the
dividing street, kids walking to school, RVs with blind spots could cause severe
consequences, concern for noise pollution for the residents, with people outside at night. He
said his biggest concern is safety with the vehicles, that this doesn’t look like a bad project
but it is in a bad location and for that reason he would not be in favor of it.
Mr. Hill said some of Mr. Adams’ concerns can be dealt with in the site review process, that
he thought this is a good project and having it in place is better than what we have currently
in place, it will be a beautiful project, and has seen a lot of what these developers have done
in Sebastian. He said he was sure no one is more disappointed in what has occurred in
Chesser’s Gap than Dr. Fischer but it is not his fault they were not successful. He said he
wished he could afford an RV like this, it is a good project, he knows the people who are
doing it, trusts what they have done in the past, and trusts our process.
MOTION by Mr. Hill to approve Resolution No. R-15-01 with the conditions outlined by staff,
as well as the two conditions outlined by the applicant which would include 26 foot Class A
motorhomes only in addition to staff reviewing the deed restrictions to ensure conformity. He
then referred to the applicant’s submittal listing the two conditions items 17 and 18 which are
attached to the minutes and read:
“17. The Special Use Permit authorizes only motorized recreational vehicles over 26 feet
in length that are characterized as a Class “A” Motorhome/Recreational Vehicle to be on the
property. The Special Use Permit does not allow Class “B” or Class “C” recreational vehicles
on the property nor does it allow campers, travel trailers, park models, or mobile homes on
the property.
18. The deed restrictions for the RV Resort shall be reviewed by the City attorney for
consistency with the conditions of approval of the Special Use Permit.”
Mayor Gillmor asked him if he wanted to include the eight foot wall.
Mr. Hill said he would like to add “with the eight foot wall how it appears on the plan”.
Ms. Coy seconded the motion.
Mayor Gillmor said he appreciated Council Members’ study of this and he too looked into it,
had questions about the cost, and investigated and spoke to the Executive Director of the
Treasure Coast Regional League of Cities about the RV park down there and she said it is
going great guns, started at $40K to $60K, and now up to $100K a lot, and almost sold out,
saw the park on google earth, it is beautiful park, had ten to fifteen foot buffer and this park
has a fifty foot buffer, cited people who are going to spend $80K to $100K for a lot and put a
$200K to $300K Class A RV, stating that it is a lifestyle that is congenial. He said there are
only two sites that will hold RVs and the third parcel is storage.
Roll Call: Ayes: Hill, McPartlan, Gillmor, Coy Nays: Adams Passed: 4-1
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10. UNFINISHED BUSINESS
14.189/ A. Discussion Only: Sebastian Seawalls (Transmittal)
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195
Mayor Gillmor said he had asked the City Manager to place this on the agenda for
discussion, asked if anyone had an opportunity to go and see the seawalls, and said Council
will have to come up with a unified plan and have discussion to go forward.
Mr. Hill said repairing every linear foot of seawall on the south of 512 would be something
virtually impossible for the City to do on our own, but he was concerned about some of the
property owners being told they are going to have to pay for them. He said his thought is
that until we get help with funding from other agencies, we have to provide relief for the
homeowners so they don’t amenities on an individual basis. He said he has seen this done
in other areas. He said we are going to have to tackle this as a stormwater management
project, but now we need to make property owners who are losing property whole. He said
people bought these properties from General Development Corporation who built the walls,
and if we are telling one we are not going to pay for it we need to tell them all we are not
paying for it, and that is not the way to go, but we need to make repairs on an individual
basis and figure out a way the City will incur the cost for those damages.
Ms. Coy agreed 100%, and said we need to do some assistance right now, and that we
need to be prepared in looking for financing, and initiate the steps we went through the last
time we did this, noting there is more than one way to fix a canal. She said we need to start
that process and have numbers.
Mr. Hill said we have a stormwater master plan and wondered if this should not be an
element in the stormwater master plan, go forward in seeking funding but also have a plan.
He asked City Engineer, Frank Watanabe the difference in the scope between this and the
previous Collier Canal project.
Mayor Gillmor noted we may need a motion to extend.
The City Manager said the City Engineer had set up a meeting for them with St. Johns River
Water Management District which occurred yesterday and the City Engineer had a short
presentation.
MOTION by Ms. Coy and SECOND by Mr. McPartlan to extend the meeting carried 5-0 on
voice vote.
The City Engineer gave a brief Power Point presentation (see attached), described
yesterday’s meeting with SJRWMD, the different options available which are set out in the
PP, for the approximately 14 miles of seawall compared to the less than one mile of the
previous project cost which will be considerable.
Mayor Gillmor said we will have to come up with a unified plan and asked if the City
Engineer can come up with something.
The City Manager asked if he was hearing if there is a damaged wall out there, he has to go
fix it, even if it is on private property.
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Mr. Hill said he would say if there is a damaged wall, he and his staff should come up with a
solution to make that person whole, that it is inherently wrong to tell one property owner we
will fix his wall and tell another they are on their own, so we have to make these walls right
because it is a safety issue and a property issue, and if there are damaged walls out there,
he and his staff need to come up with a solution to getting those walls repaired.
Mr. McPartlan asked how and who is determining the level of damage, like if you have a
swale that isn’t working are we going to go out and start fixing people’s driveways because
the swales aren’t working. Mr. Hill responded we have walls that are falling down that have
become safety hazards.
The City Engineer said there are concerns regarding the walls, these seawalls are a little
different than structural retaining walls, they are damaged, there are safety concerns but
they are not going to fall down and take the entire hillside with them, pools and homes are
not going to slide down, and there are sufficient setbacks. He said one or two walls or even
ten walls that fall into the canal will not impede the waterway.
Mayor Gillmor said he liked the idea of a phased plan but recommended we could come up
with something more immediate, decide if we want wetlands with a slope, clean up some of
the water in there, and that wetlands will have to be part of the plan.
The City Engineer said yes, based on discussion with SJRWMD, because we will have to
provide some type of wetlands mitigation as we did with the previous project, we need to
have that component of the project, which means we’ll have to have some grass slopes on
straight sections but not on the turns.
Mayor Gillmor asked if he could come up with some different options for Council to look at,
but have a unified plan, if one falls in we have a plan for it, and it is part of a grand plan.
The City Engineer said we can pursue it as a water quality project and go after funding,
stating if we pursue as a dredging project we would not get as much money.
Mr. Hill said he wanted to be clear that he is not saying go and repair a wall that is sagging,
but if there is a health or safety issue out there, then we do something.
Ms. Coy said the City Engineer said there are not immediate.
Mr. Hill asked if there are safety issues, and the City Engineer responded, the walls should
be perpendicular, and some are not, and if that continues it that could be an issue.
Mr. Hill said then that we disagree with homeowners who come in here and say their wall is
about to take a pool into the canal. The City Engineer said there is very little chance for a
pool to come down. Mr. Hill said so I have a City Manager and City Engineer saying there is
not an issue currently out there that would cause us to have emergency repairs to seawalls
on the south side of 512. The City Engineer responded, but that could change due to heavy
rain. Mr. Hill said he was glad to hear that and that changes things and we don’t need to go
out and replace seawalls if it’s not necessary, and certainly not for aesthetic reasons, but
thought we need to come up with a plan and treat the canal as a stormwater element
because seven miles versus ½ mile that’s a big project. He said if there is not state of
emergency we just need to come with a multi-year plan.
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The City Manager said he would like to come back with a short term plan because that could
change, and where that fits in with a ten year multi-phase plan that we have been talking
about and bring that back to Council. He said he would come back at the next meeting or
meeting after that with something for them to review.
The City Attorney said he sees this in a different way, what if the property owner won’t let us
on his or her property, what if we don’t have the documents we need to do work on his
property, are we going to acquire property, what if we decide to slope and he wants the
seawall and dock. He said most of the Collier Canal property was on public property, cited
the lawsuit from the early 90s due to an Elkcam Dam break caused by City action, the City
provided funding and had the property owner contract for the work, and we got releases
from those who received money.
Mr. Hill said this issue is for staff to go forward and start working on it.
Al Manzi, 742 Holden Avenue, said there are no seawalls behind Collier Creek Estates, he
kayaks the canal, in certain areas there is not much room from the walls to the houses,
noted previously SJRWMD made us do a complete dredge, agreed with Mr. Hill that the
property owners not be asked to pay for the seawalls because the canal is used by the
whole town, and said walls can be encapsulated.
Christine Lenz, George Street, said they have seawalls and some need to be looked at, one
neighbor had already talked to the City, that slopes are creating davits between the wall and
the property, with some extensive damage.
11. PUBLIC INPUT
New information or requests to city council not otherwise on the prepared agenda.
None.
12. NEW BUSINESS
13.079/ A. Presidential Streets Project Change Orders – Update by City Manager (Transmittal,
15.022 Change Orders 1, 2, and 3)
196-202
The City Manager gave a brief update on the three change orders on different parts of the
project as set out in packet.
15.023 B. Reschedule November and December City Council Meetings at Council’s Discretion
203 (Transmittal)
After some discussion it was the consensus of Council to schedule the November/December
meetings for November 18 and December 16.
13. CITY ATTORNEY MATTERS - None
14. CITY MANAGER MATTERS
The City Manager said the Pelican News has been reinstated and the first new issue is out.
15. CITY CLERK MATTERS - None
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16. CITY COUNCIL MATTERS
A. Council Member Hill - None
B. Council Member McPartlan
Mr. McPartlan discussed speeding on Barber Street noting the speed limit is 30 mph. The
City Manager said the City Engineer had done a speed count and it has been an eye opener
and he would put it on the next agenda.
C. Mayor Gillmor
Mayor Gillmor reported that the Indian River County Commission had voted unanimously
against participation on the Indian River Lagoon National Estuary Program Council (NEP),
citing his attendance at the meeting where they looked at the draft interlocal agreement,
which he then asked the City Clerk to forward to the members of City Council. He said this
will be taken out from under the umbrella of SJRWMD and go to the new eight member
board five of which will be County Commissioners, citing funding from different agencies,
and expressed concern for our county not being involved and this going forward without
representation for us.
Mr. Coy said if we are not represented we may not get funding. Mr. Hill said he agrees but
said we need to be careful that if we buy a seat on this board, because if there are all county
commissioners and one council member from Sebastian with the other agencies, it will not
hold nearly the weight we’d like.
Mr. Hill said we need to contact County Commissioners. Ms. Coy suggested asking the
Commission Chairman to come and explain their decision to us. Mayor Gillmor said
Commissioner Solari had made a presentation and had issues with sunsetting, and again
said he would have the Clerk forward the draft which now included a sunset in five years,
and no requirement to stay on the board.
D. Vice Mayor Adams
Mr. Adams said he had seen a scam phone call to seniors allegedly from IRS and asked
that we put something on our website and our next newsletter to advise people that if they
get a call they should contact the Police Department and not be afraid.
E. Council Member Coy
Ms. Coy said for those who cannot attend the February 11th, she completed the FIOG on-
line seminar in six hours.
17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 10:30 p.m.
Approved at the ___________________________, Regular Meeting.
By: __________________________________
Richard H. Gillmor, Mayor
ATTEST:
__________________________________
Sally A. Maio, MMC - City Clerk
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SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JANUARY 28, 2015 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Gillmor called the Regular Meeting to order at 6:31 p.m.
2. The Invocation was given by Mayor Richard Gillmor.
3. The Pledge of Allegiance was Led by Council Member Bob McPartlan
4. ROLL CALL
City Council Present:
Mayor Richard Gillmor
Vice Mayor Jerome Adams
Council Member Andrea Coy
Council Member Bob McPartlan
City Council Absent:
Council Member Jim Hill (excused)
City Staff Present:
City Manager, Joe Griffin
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Building Director, Wayne Eseltine
City Engineer/PW Director, Frank Watanabe
Police Chief, Michelle Morris
Administrative Services Director, Ken Killgore
Human Resources Manager, Cynthia Watson
Police Officer, Steve Marcinik
Police Commander, John Blackledge
E-Records & Information Manager, Barbara Brooke-Reese
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
Ms. Coy requested addition of an item 10B to discuss sending a letter to the Governor and
our representatives regarding the State’s lack of response on All Aboard Florida to FRA.
Voice vote 4-0 passed to add the item.
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff.
No public input or action under this heading.
15.024 A. Certificate of Appreciation to Bill Flaherty, Citizens Budget Review Advisory Board
Service
Mr. Flaherty was unable to attend to receive his certificate. Mayor Gillmor expressed his
appreciation to Mr. Flaherty.
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15.025 B. Anjani Cirillo – Clambake Festival Presentation
Anjani Cirillo, President, introduced some of the members of the Sebastian Clambake
Foundation Board, including Pat Rivizzo, Dot Judah, and Wayne Snow. Mr. Rivizzo thanked
all City workers were amazing and the City’s cooperation is magnificent. Ms. Cirillo then
noted that since 2002 the Foundation had been able to fund over $500K to charitable
organizations, explained how the decision for recipients is decided, said they need a new
slogan for 2015, with a deadline of the first week of June, and that this year’s event will be
November 6, 7 and 8, 2015. She then presented a check for $25K to Beth Mitchell,
Executive Director, Sebastian River Area Chamber of Commerce for the Pelican Porch
Chamber building reconstruction project.
Ms. Mitchell said it is a tremendous honor, that the Chamber has been on board with them
since the beginning, there are phenomenal volunteers in our community, theh Clambake is
the spirit of Sebastian, and they hope to break ground in late spring on the Pelican Porch
project. She invited Chamber Board Chairman, Kim Ellis and Theresa Tolle, immediate past
Chair, and Building Chair, to speak. Ms. Tolle also thanked the Foundation for the check
and said they all inspire us. She also noted the Chamber is accepting any donations for the
project.
Ms. Cirillo then gave checks in the amount of $1,000 to the American Legion and the Elks
Club. Ms. Cirillo thanked the 600 volunteers who came out despite some rain this year and
allowed them to make this check presentation.
C. Brief Announcements
• 2/6/15 – Sebastian Chamber Concert in Riverview Park – Professor Pennygoode’s Mighty Flea
Circus – 5:30 pm to 8 pm
• 2/7/15 Craft Show in Riverview Park – 10 am to 3 pm
Mayor Gillmor read the announcements listed above.
7. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no
separate discussion of consent agenda items unless a member City Council so requests; in which event, the
item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent
agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the
meeting or by raising his/her hand to be recognized.
15.026 A. Approve Budget Calendar for Preparation of Annual Budget and Capital
Improvement Program for Fiscal Year 2015-2016 (Transmittal, Calendar)
15.027 B. Approve Resolution No. R-15-03 – Approving Agreement to Repeal Airport Lease
Agreements with Rud Aero (Transmittal, R-15-03, Rudd Letter, Leases)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A
MUTUAL RESCISSION AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND RUD AERO, LLC
TO TERMINATE ITS ASSIGNED AIRPORT LEASES WITH THE CITY OF SEBASTIAN; REPEALING
RESOLUTION NO. R-12-13 WHICH ASSIGNED THE SEBASTIAN MUNICIPAL AIRPORT LEASE
WITH V-RAPTOR AIRCRAFT, LLC TO RUD AERO, LLC; REPEALING RESOLUTION NO. R-13-01
WHICH ASSIGNED THE SEBASTIAN MUNICIPAL AIRPORT LEASE WITH NATIONAIR AVIATION
INSURANCE AGENCY, INC. TO RUD AERO, LLC; PROVIDING FOR REPEAL OF THE ORIGINAL
AIRPORT LEASES BETWEEN THE CITY OF SEBASTIAN AND V-RAPTOR, LLC AND NATIONAIR
AVIATION INSURANCE AGENCY, INC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE.
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15.028 C. Waive Bid Procedure In Accordance with Code Section 2-10 (f) for Good Cause
(Low Cost and Coordination with IRC E-Permitting System) - Authorize City Manager
to Execute Agreement with Clear Village, Inc. for Building Department E-Permitting
System in the Amount of $61,762.00 from Building Department Reserves ($41,692)
and Appropriate Balance of $19,800 from General Fund Reserves (Transmittal,
Martin County RFP Price Comparisons, Master Agreement with Clear Village,
Statement of Work, IRC Administrator Transmittal Re: Recommendation to Approve
Preferred Vendor Contract with Clear Village, Inc.)
MOTION by Ms. Coy and SECOND by Mr. Adams to approve the consent agenda.
Roll Call: Ayes: Gillmor, Adams, Coy, McPartlan Nays: None Absent: Hill Passed: 4-0
8. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for City
committee member nominations and appointments under this heading.
Mr. Adams reported on the Treasure Coast Regional Planning Council (TCRPC) held two
weeks ago in regard to the IR Lagoon National Estuary Program (IRL NEP), the Indian River
County Commission decision not to join based on various reasons, and Martin County
Commissioner Ed Fielding’s intention to pass on additional information and ask them to
reconsider; the fact that the Federal Railroad Administration (FRA) declined the TCRPC
request for a meeting on All Aboard Florida; noted the Coast Guard has received over 1000
comments on AAF and will go through by the end of this month to take action; the plan for
TCRPC to implement hurricane evacuation routes and shelters to provide to Emergency
Management centers at a later date; and reported that Senator Simpson will introduce a bill
to try to eliminate Regional Planning Councils and leave their job to municipalities and
counties, but he will establish a committee with planning councils to look at what are the
problems and perhaps rejoining planning council boundaries to make nine and if in
agreement he may pull the bill.
15.029 A. Construction Board
i. Interview, Unless Waived, Submit Nomination for One Unexpired Concerned
Citizen Alternate Member Position with Term to Expire 9/30/16 (Transmittal,
Application, Ad, List)
Latisha Hays was briefly introduced and being the only applicant, was appointed to the
alternate concerned citizen position.
15.030 B. Disabilities Advisory Committee
i. Interview, Unless Waived, Submit Nominations for Five Member Positions
(Transmittal, R-14-31, Applications, Ad)
Since there were five applicants for the five regular member positions: Carolyn Sartain-
Anderson, Michael Goodfellow, Albert Iovino and Andrea Ring were all appointed to the
newly formed Disabilities Advisory Committee.
9. PUBLIC HEARINGS - None
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10. UNFINISHED BUSINESS
15.031/ A. Resolution No. R-14-30 – Temporary Use and Special Event Fees – Deferred from
14.104 12/10/14 for Adoption of O-14-06 (Transmittal, R-14-30)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING
TEMPORARY USE AND SPECIAL EVENT FEES; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-14-30 by title. The City Manager noted the change
to $200 for a temporary use permit first event and the City Manager’s discretion to lessen
the fee for subsequent same uses.
MOTION by Mr. Adams and SECOND by Mr. McPartlan to approve Resolution No. R-14-30.
Roll Call: Ayes: Adams, Coy, McPartlan, Gillmor Nays: None Absent: Hill Passed: 4-0
B. Letter to Governor Re: All Aboard Florida
6:51 pm - Ms. Coy – our state did not take time to respond to FRA regarding AAF when all
of us did, state of florida didn’t even write a note, they are the big wigs, we should a very
strong letter of concern to governor, state legislators and federal legislators that state
dumped us. Public thinks we have control over this – we worked very hard we sent over 800
pages and state did nothing. Members concurred with the recommendation.
BMCP sure griffin can do politically correct letter.
11. PUBLIC INPUT
New information or requests to city council not otherwise on the prepared agenda
Linda Jereb, Academy Terrace, spoke on her strong concerns about speeding and traffic
issues on Barber Street, which she stated have accelerated over the years and are out of
control since the repaving. She detailed an incident and subsequent letter to Council
members about her puppy being killed on Barber Street when she lost control of his leash
and he ran into the street, and she ran down the middle of the street after him and tried to
wave down traffic to stop them. She said Council members, Police Chief and County
Commissioner Flescher had responded to her letter, said she has a petition circulating, had
a change.org on-line petition with 400 comments, was planning to put signs in front yards,
had obtained latest traffic summary for Barber. She said the City may call it a collector road
but to those who live there it is their home and they are looking for a consistent speed limit,
noting in one direction it says 30 and the other 35, suggesting some signage detailing
penalties or blinking lights, and at least an alert to drivers. She provided a packet of
information including the request to return Barber to a residential street, control speeding,
have the entire length of Barber be 30 mph, prohibit commercial truck usage, and have stop
signs, or traffic lights at three main intersections, the on-line petition and list of responders,
letters from local concerned citizens Margie Garrett-Lindsey, Kevin and Karen Gibson, Lori
Schiller Bittner, Britta Burkard, Frank Mina, the petition, yard signs which state “30 MPH
because we live here because it’s the law” people pass you and rant when you do speed
limit.
City Council granted her extra time to speak. Ms. Jereb provided the materials she
referenced and an outline of her presentation (see attached).
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Ms. Jereb asked for better Police enforcement, said she understood the Police Department
is limited in their services, when there is a police presence it slows but as soon as they leave
the speeding is back, so they need permanent traffic controls. She said she understands
speed bumps are impossible, stop signs would be nice but would back traffic up and the
only permanent solution would be a couple of traffic lights, noting people don’t stop for
pedestrian walkways. She said they will continue the petition and knock on doors, and post
the yard signs to make it go to 30 MPH. She asked Council to do something before it is a
mother standing here telling Council about her child.
Mayor Gillmor said most people obey the law but some don’t and said he had traffic reports
from Chief Morris. Ms. Jereb said she had them, and noted it shows some people are
driving over 60 mph. Mayor Gillmor said the Police had to write tickets.
Ms. Coy said this is not an agenda item tonight but we as Council need to be giving direction
and come back and implement something. Mayor Gillmor thanked Ms. Jereb for coming and
said this is the only way we get the whole picture. Ms. Coy asked what they could do to
change the speed limit to make it uniform, said she had spoken to the City Manager this
morning, suggested we advertise to make residents aware of the speed limits.
Mayor Gillmor said in the last month there have been a bunch of warnings but not one
citation.
Jennifer Minor, Joy Haven Street, thanked Linda for starting this, said a problem is the
miserable bridge across the canal and the fact that you cannot see traffic around it when
pulling out onto Barber Street, that in the ten years she has lived there she has seen five
accidents on that corner, one in which a little girl was hit on her bicycle. Mayor Gillmor said
we can put a stop light there. She said doing 35 mph you are tailgated.
Clara Wisniewski, Academy Terrace, said she has lived there for 23 years and conditions
are getting worse with people tailgating and passing, and that she never walks or walk her
dogs on Barber Street.
Mr. McPartlan said he was discussing this issue with the City Manager about six or seven
weeks and the speed limit should be 30 mph in both directions and we could have the City
Engineer look into a traffic light.
Mayor Gillmor said we should put this on the next agenda.
The City Manager said with a consensus from Council he can change the speed limit,
without being agendized, noting the City Engineer had done some research and found
Barber is actually a City collector, and that north of CR 512 Barber Street it is also 35 mph
and maybe consistency is where we need to go.
Mayor Gillmor cited an email from a resident on Lake Street which comes off Barber on the
north end near the bridge and that the gentleman states it is like a speed zone.
Mr. McPartlan began to make a motion to make it 30, and Ms. Coy noted we cannot make a
motion because it is not on the agenda, but there was a consensus. The City Manager said
it was intended for this to be on the agenda but staff did not have the data until yesterday,
so it will be on the next agenda, and that he would direct the installation of 30 mph speed
limit signs tomorrow.
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Pastor Dave Newhart, St. Elizabeth’s Church, asked Council to revisit its decision at the last
meeting when they approved no temporary permits for churches in residential areas, listing
all of the community service his church has participated in for years, which resonate with
family values for which the events allow them to provide, and by not allowing temporary
uses they have handcuffed the church. He said they want to be part of the community, and
without those events they are sequestered inside. He asked them to reassess their decision
even perhaps with a maximum of four events per year. He encouraged them to read
neighbor, Jeff Crabtree’s email and how people come to enjoy time together.
Ms. Coy said he changed her mind and asked as a part of the counter vote at the previous
meeting, the ordinance be brought back for reconsideration at the next meeting on February
11th.
Mayor Gillmor said he agreed, and that he did not think it was their intent to keep them from
something like a pumpkin patch, but the intent was to keep outside vendors out and a huge
tent city go up. He said he lived two doors down from the church and wouldn’t want that in
his neighborhood, noting there are churches that use rent our parks for larger events.
Pastor Newhart said if this applies to them, even Boy Scouts can’t do anything on their
church property.
Pastor Eldon Nash, Church of God, in Sebastian since 1934, said he came in support of
Pastor Dave’s request.
12. NEW BUSINESS
15.032 A. Appropriate $2,000.00 from IR Lagoon Budget for Oyster Bed Restoration Project –
Boy Scouts of America Eagle Scout Candidate John Giordano Report on Project
Participation (Transmittal)
The City Manager introduced John Giordano.
John Giordano, currently a Life Scout and a member of Boy Scout Troop 500, which meets
at St. Elizabeth’s Church, proposed the oyster mat project to earn his Eagle Scout
designation, and needed City Council permission. He described the two locations chosen by
the Natural Resources Board in cooperation with DEP with a cost of $7.50 each mat for 500
mats, 250 in each location, and asked Council to fund part of the project and he would
fundraise for the remainder of the project.
Ms. Coy asked how much was needed, and Mr. Giordano said it will be done in two phases
with Phase I funded by the City in the amount of $2000 and John Giordano raising $2000 for
Phase II. Mr. McPartlan they will need $3750 for 500 mats at $7.50 per mat.
MOTION by Mr. McPartlan and SECOND by Ms. Coy to approve the $2000K.
Andrea Ring, member of Natural Resources Board, asked if the project had been approved
by the Boy Scouts. Mr. Giordano responded that in order to be approved, once Council
approves it, they have to put in a proposal to have the project accepted.
Ms. Ring suggested they hold up on giving the money until the project is approved.
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Mr. Giordano said the funds will be handled through Frank Watanabe and earmarked for
oyster mats only, and in the off chance John is not approved the oyster mats will still be
made.
The City Manager said we can make this contingent upon approval of the Boy Scout
Council, he can receive invoices from John and he will handle the funding through the City
Manager’s office.
Mr. Adams said any moneys issued would go through the City Manager and not given out
ahead of time.
Discussion at the podium continued and Mayor Gillmor called for a roll call.
Roll Call: Ayes: Coy, McPartlan, Gillmor, Adams Nays: None Absent: Hill Passed: 4-0
15.033 B. First Reading of Ordinance No. O-15-01 Police Pension – Set Public Hearing for
February 25, 2015 (Transmittal, O-15-01, Pension Board Actuary Opinion)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING AND RESTATING
CHAPTER 58, LAW ENFORCEMENT, ARTICLE III, POLICE OFFICERS’ RETIREMENT SYSTEM,
SECTIONS 58-46 THROUGH 58-69, INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY
OF SEBASTIAN; ESTABLISHING A “LOCAL LAW” PENSION PLAN FOR POLICE OFFICERS TO BE
KNOWN AS THE CITY OF SEBASTIAN POLICE OFFICERS’ RETIREMENT SYSTEM; PROVIDING
FOR DEFINITIONS; PROVIDING FOR MEMBERSHIP; PROVIDING FOR A BOARD OF TRUSTEES;
PROVIDING FOR FINANCES AND FUND MANAGEMENT; PROVIDING FOR CONTRIBUTIONS;
PROVIDING FOR BENEFIT AMOUNTS AND ELIGIBILITY; PROVIDING FOR PRE-RETIREMENT
DEATH BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF
BENEFITS; PROVIDING FOR OPTIONAL FORMS OF BENEFITS; PROVIDING FOR
BENEFICIARIES; PROVIDING CLAIMS PROCEDURES; PROVIDING FOR REPORTS TO THE
DIVISION OF RETIREMENT; PROVIDING FOR A ROSTER OF RETIREES; PROVIDING FOR A
MAXIMUM PENSION LIMITATION; PROVIDING FOR MINIMUM DISTRIBUTION OF BENEFITS;
PROVIDING MISCELLANEOUS PROVISIONS; PROVIDING FOR REPEAL OR TERMINATION OF
THE SYSTEM; PROVIDING FOR DOMESTIC RELATIONS ORDERS, EXEMPTION FROM
EXECUTION AND NON-ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY; PROVIDING FOR
FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR CONVICTION
AND FORFEITURE, FALSE, MISLEADING OR FRAUDULENT STATEMENTS; PROVIDING FOR
INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR DIRECT TRANSFERS OF
ELIGIBLE ROLLOVER DISTRIBUTIONS AND ELIMINATION OF MANDATORY DISTRIBUTIONS;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-15-01 by title.
Lee Dehner, Attorney for Police Officer Pension Fund, introduced Doug Lozen, Consulting
Actuary, and Scott Owens, Investment Consultant, gave a brief presentation noting that this
ordinance consolidates into one document all existing provisions of your pension plan up to
and including the last collective bargaining agreement with the City, provides for Internal
Revenue compliance, provides amendments required by State law for caps on amount of
overtime you pay and use of vacation pay, and will actually result in reduction in the City’s
funding plan.
Doug Lozen, Foster and Foster, which provides actuarial services to the Board, addressed
Council said this is a consolidation of existing provisions and incorporates SB 1128 passed
in 2011 limiting overtime and cash in of sick and vacation time which will yield a reduction in
funding requirements for the City.
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Mayor Gillmor asked about this giving broader investment authority to the Board, and Mr.
Lozen said the investment consultant can address that question, though his firm works
closely with the investment consultant to determine the rate of return on investments.
Scott Owens, Graystone Consulting, responded Mayor Gillmor, said they conduct multiple
asset allocation studies to find out what is going to be the most efficient portfolio of asset
class, whether that is large companies, mid-size or small companies, fixed income whether
government or corporate bonds, and what combination of those assets are going to be able
to put together to reach the actuarial rate of return with the lowest amount of risk.
MOTION by Ms. Coy and SECONDF by Mayor Gillmor to approve the first reading of
Ordinance No. O-15-01 police pension and set public hearing for February 25, 2015.
Roll Call: Ayes: McPartlan, Gillmor, Adams, Coy Nays: None Absent: Hill Passed: 4-0
13. CITY ATTORNEY MATTERS – None
14. CITY MANAGER MATTERS - None
15. CITY CLERK MATTERS - None
16. CITY COUNCIL MATTERS
A. Council Member Hill - Absent
B. Council Member McPartlan
Mr. McPartlan suggested going back to the temporary use permits leaving it to the City
Manager’s discretion, because if someone complains about a pumpkin patch we need an
ordinance against them, and we can just give discretion to the City Manager.
Mayor Gillmor agreed and suggested we have something separate for non-profits for
displays, for a pumpkin patch, for a Christmas display or nativity scene, that he did not think
we really have to have special (temporary) use permit and the intent was to keep out huge
events like flea markets with hundreds of booths and vendors coming in which is something
not appropriate for residential neighborhoods, and was not sure we need to write another
ordinance.
Ms. Coy reminded them that the Methodist Church on Roseland Road had pumpkin
patches, and someone complained to the County, it wasn’t permitted in their ordinance and
now not allowed at that church. She said it seems ridiculous you have to nit-pick, but if left to
City Manager’s discretion and it doesn’t come out good it could be a problem, and we need
to tweak it one more time.
Mayor Gillmor said he was not good with other vendors coming in setting up a commercial
enterprise six times per year in our neighborhoods. Discussion continued on different uses
and it was noted that it will be brought back to the next agenda as previously requested by
Ms. Coy.
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Mr. McPartlan said he had spent a lot of time discussing the Barber Street speeding issue
with the City Manager and had looked into having our own traffic court for minor traffic
offenses in Sebastian, and then spoke with the Chief Judge who put him in touch with his
Administrator, and would bring back further information. Council members said they would
like to hear more.
Mr. McPartlan discussed the Point in Time Count, which is a Statewide homeless count in
each area and asked if anyone had information to share with him they could call him at 453-
8540. He cited times when the Police Department and City Public Works employees had
assisted with homeless, and in one instance they were able to get a homeless man into a
hospital and then into an apartment in Vero Beach where he still lives today. He said he
cannot say enough for Officer Steve Marcinik.
C. Mayor Gillmor
Mayor Gillmor spoke about the County’s 5-0 decision not to be a part of the Indian River
Lagoon National Estuary Program Council, and the Martin County Commission 5-0 vote to
participate on the Council. He said this City has done a lot to find out if we are responsible
for lagoon conditions, have done as much as any city with baffle boxes and testing water
and would like us to be part of the eight member Council that includes five County
Commissioners, and reps from St. Johns River Water Management District, South Florida
Water Management District, and DEP. He noted that the City Clerk had emailed each
Council member the final draft interlocal agreement and it includes sunset review and an opt
out provision, though noted there is no pro forma yet. He cited the funding that is already in
place and said Representatives Posey and Murphy had stated they will submit for lagoon
funding as noted in a newspaper article today. He said it was a shame that Indian River
County was not going to participate, that he had talked to Vero Beach Mayor Winger who
expressed interest and perhaps we could request to be on the Council and split Indian River
County’s $50K cost with Vero Beach. He asked the City Engineer whether it is better to be
involved in this Council and Mr. Watanabe answered yes. He then asked if we need future
SJRWMD permits it would be best to be on this Council and Mr. Watanabe said it is a no
brainer.
Mayor Gillmor asked for a consensus to put this on the next meeting agenda to request a
seat on the board if it is possible. Ms. Coy said it is a great idea and recommended a letter
to the Indian River County Commission to ask them to justify excluding us. Mayor Gillmor
said he would be happy to get a letter down there but was not positive with what the result
will be.
Mr. Adams asked if we shared the membership with Vero Beach would it be as we do with
TCRPC that one is the member and the other the alternate and then rotate. Mayor Gillmor
said there is a provision for other members getting a seat, and a city would presumably not
have to come up with same amount of money, and it could be done like we do with TCRPC.
Mr. McPartlan said the other Indian River County municipalities may also be interested.
Mayor Gillmor directed this be on the next agenda and he can get the letter out. The City
Manager clarified that he would prepare the letter for the Mayor’s signature and get this on
the next agenda
D. Vice Mayor Adams
Vice Mayor Adams was by-passed.
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10
Regular City Council Meeting
January 28, 2015
Page Nine
E. Council Member Coy - None
17. Mayor Gillmor adjourned the Regular Meeting at 8:10 pm, however realizing Mr. Adams was
by-passed he apologized and said he would reopen the meeting, and Mr. Adams declined.
Approved at the ___________________________, Regular Meeting.
By: __________________________________
Richard H. Gillmor, Mayor
ATTEST:
__________________________________
Sally A. Maio, MMC - City Clerk
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