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iITY OF
SIE
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
REGULAR MEETING
AGENDA
WEDNESDAY, JUNE 10, 2020 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAYBE 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 - Pastor John Gill, Sebastian United Methodist Church
3. PLEDGE OF ALLEGIANCE — Led by Vice Mayor Mauti
4. READING OF CIVILITY PLEDGE
WE WILL BE RESPECTFUL OF ONE ANOTHER EVEN WHEN WE DISAGREE.
WE WILL DIRECT ALL COMMENTS TO THE ISSUES.
WE WILL AVOID PERSONAL ATTACKS.
5. ROLL CALL
6. AGENDA MODIFICATIONS
Modifications for additions require unanimous vote of City Council members
7. 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.
Brief Announcements
8. 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.
pgs 6-16 A. Approval of Minutes — May 19, 2020.Special City Council Meeting
pgs 17-26 B. Approval of Minutes — May 27, 2020 Regular City Council Meeting
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9. 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,
20.010 A. Integrated Pest Management Parks Update (no backup)
10. PUBLIC HEARINGS - None
11. UNFINISHED BUSINESS - None
12. PUBLIC INPUT
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.
13. NEW BUSINESS - None
14. CITY ATTORNEY MATTERS
15. CITY MANAGER MATTERS
16. CITY CLERK MATTERS
17. CITY COUNCIL MATTERS
A. Vice Mayor Mauti
B. Council Member Gilliams
pgs 27-84 i. Purchase of 12900 US Hwy 1 — Cemetery Expansion (CM Gilliams' Exhibits, FDLE
Report)
C. Council Member Hill
D. Council Member Parris
i. Consider a 15 Minute Time Limit to Discuss Agenda Items Except in Cases of an
Emergency Resolution or Ordinance
E. Mayor Dodd
18, ADJOURN (All meetings shall adjourn at 9:30 p. m. unless extended for up to one half hour by a majority vote
of City Council)
HEARING LOOP INSTALLED, SWITCH HEARING AID TO T -COIL.
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT
MEETINGS.
All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of
Sebastian Website www.cityofsebastian.org.
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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 Meetino Dates:
June 24, 2020 — Regular City Council Meeting — 6:00 pm
July 8, 2020 — Regular City Council Meeting — 6:00 pm
July 22, 2020 — Regular City Council Meeting — 6:00 pm
PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-20-02
Regular Citv Council Meetinqs
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 Meetinqs.
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 Headinq 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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Ways To Do Public Input
As of May 14`h, 2020, all upcoming board and council meetings held by the City of Sebastian can be held by Virtual
Meetings. Some or all elected officials or board members may choose to participate through video conferencing and
members of the public will be provided with several options to participate in the meeting.
These meetings will be broadcasted live on Comcast Channel 25, ATT Channel 99, the City's website
(www.cityofsebastian.orgllive), Facebook (https:llwww.facebook.com/cityofsebastian/live), UStream
(https:llvideo.ibm.comlchannellchannel25), Youi (https://www,youtube.com/sebastianflorida/live).
For members of the public to participate in these virtual meetings, they will have the following options:
To participate in Virtual Meetings (NOT INCLUDING ANY QUASI-JUDICIAL NEARINGSI
please use the following methods:
1. Maximum Densitv Capacity as allowed by the Governor DeSantis Executive Order Number 20-52 & 20-112
Meetings will be conducted in accordance with the Governor DeSantis Executive Order Number 20-52120-112. Thus,
members of the public that want to be heard will be able to do so. Because of social distancing guidelines, there are
only 26 seats available within the city council chambers. These seats will have ADA preference given to them.
Additionally, will be no available seating in the atrium (Lobby). There will seating will be available outside of the city
hall in the courtyard with a television and speakers. Please see a member of staff, when you arrive, if you are
planning on speaking or need anything relating to ADA at least 48 hours in advance.
All public speaking will be done inside the chambers using a special microphone setup that will allow public input
while making sure that there are no surfaces to be touched. In order to provide an orderly manner of input, we will be
giving out numbers. These numbers will be called in order so that we can allow people to queue (line-up) while
maintaining appropriate social distancing. There will be marks on the floor where someone can stand while waiting for
their turn.
At all times, members of the public must strictly adhere to the mandates of EO 20-83 and must keep the appropriate
social distancing of a minimum of six (6) feet at all times.
The City will NOT be providing any face coverings, please bring your own.
2. Zoom Webinar - Audio Participation Possible Durina The Meeting
Via the Zoom -us Application (must be installed on computer or phone)
When the agenda is published, the Zoom.us information should be included with it, as well as it being listed with the
agenda on the city's website.
This information will include a link will be provided for those who wish to view or participate in virtual meetings in a
timely manner. There will also be telephone numbers. You can dial any of the numbers provided with the zoom
information, and then entering the Webinar ID for the meeting when prompted.
The Webinar ID will be provided in a timely manner for upcoming virtual meetings.
ZOOM INFORMATION FOR THE
.TUNE 10, 2020 - REGULAR CITY COUNCIL MEF,TING
Please click the link below to join the webinar:
https:1/us02web.zoom.us/j/84821 444636
Or iPhone one -tap :
US: +13126266799,,84821444636# or +19294362866,,84821444636#
Or Telephone:
Dial(for higher quality, dial a number based on your current location):
US: +1 312 626 6799 or +1 929 436 2866 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 6833 or +1 253 215
8782
Webinar lD: 848 2144 4636
International numbers available: https:/1us02web.zoom. uslulkdrOUGAydV
Attendees may be allowed to speak, when called on, by raising their hands (via the app or by
pressing "9 while dialed in) and then waiting for permission to speak. More information can be
found on the City's Website at http.11www.cityofsebastian.orglimageslZoomTipsRaiseHand-
1587151643835.pdf
More instructions may follow as needed.
If you are having Issues with the online virtual meeting, please contact us at 772-388-8226 or email us
at costvCgcostv.cityofsebastion.com and we will attempt to assist you.
Please visit the website for detailed instructions on how to provide public comment using any of the previously
mentioned options.
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HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
SPECIAL MEETING HELD MAY 14, 2020
CONTINUED MAY 19, 2020 - 6:00 PM
MINUTES
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Dodd called the continuation meeting to order at 6:00 p.m.
2. A moment of silence was held.
3. The Pledge of Allegiance was recited.
4. The Civility Pledge was read.
5. ROLL CALL
Mayor Ed Dodd
Vice Mayor Charles Mauti
Council Member Damien Gilliams
Council Member Jim Hill
Council Member Pamela Parris
Also Present:
City Manager Paul Carlisle
City Attorney Manny Anon, Jr.
City Clerk Jeanette Williams
20.0546. RESOLUTION NO. R-20-06 — RELATING TO EMERGENCY MANAGEMENT, COVID-19
— LOCAL GOVERNMENT PUBLIC MEETINGS, QUORUM, PROCEDURES AND
OTHER MATTERS (Transmittal, R-20-06)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING
TO EMERGENCY MANAGEMENT, COVID-19 — LOCAL GOVERNMENT PUBLIC MEETINGS
QUORUM, PROCEDURES AND OTHER MATTERS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR SCRIVENER'S ERRORS' AND PROVIDING FOR AN EFFECTIVE DATE
7. AGENDA MODIFICATIONS
Modifications for additions require unanimous vote of City Council members
8. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS
Brief Announcements
5/25/20 - Memorial Day Observance in Riverview Park — Cancelled
9. PUBLIC INPUT
10. CONSENT AGENDA
A. Approval of Minutes — February 12, 2020 Workshop & Regular City Council Meeting
B. Approval of Minutes - February 26, 2020 Regular City Council Meeting
Special City Council Meeting
May 19, 2020
Page Two
C. Approval of Minutes — March 18, 2020 Regular City Council Meeting
20.046 D. Resolution No. R-20-03 Abandonment of Rear Easements — Sebastian Highlands
Unit 4, Lot 1, Block 121 (Transmittal, R-20-03, Site Map, Staff Report, Utility
Approvals, Application)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
VACATING CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 121, SEBASTIAN
HIGHLANDS UNIT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR
RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE
DATE.
20.058 E. Resolution No. R-20-05 — Adopting the Revised Indian River County Unified Local
Mitigation Strategy of 2020 (Transmittal, R-20-05)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING THE REVISED INDIAN RIVER COUNTY UNIFIED LOCAL
MITIGATION STRATEGY OF 2020; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS; SEVERABILITY; SCRIVENER'S ERRORS; AND AN EFFECTIVE DATE.
20.059 F. Authorize the Application Process for the 2019 Edward Byrne Memorial Justice
Assistance Grant (JAG) Countywide State Solicitation in the amount of $11,458.00
and Authorize the Mayor to Sign the 51% Letter for Submission to the County
Commission and Approve the Expenditure Upon Grant Award (Transmittal, Notice,
Information, Letter)
20.060 G. Approve Emergency Expenditure for Replacement of Asphalt Road Due to 31d Party
Sub -Contractor's Negligence (Transmittal, Settlement, Quote)
20.067 H. Approved a Construction Agreement with Indian River Docks, LLC for an ADA
Accessible Dock at the Yacht Club in the Amount of $27,820 (Transmittal, Quotes,
Plans)
20.063 1. Approve the Resurfacing of the Clay Tennis Courts at Friendship Park by Welch
Tennis Courts, Inc. in the Amount of $23,300 (Transmittal, Quotes)
11. COMMITTEE REPORTS & APPOINTMENTS
12. PUBLIC HEARINGS - None
13. UNFINISHED BUSINESS
14_ NEW BUSINESS
A. As Ordered by Judoe Croom - Case No. 312020CA000275 (Order)
20.054 i. Whether or not the City Council chooses to keep or terminate the state of
emergency issued by the Mayor (Transmittal, Sebastian's Declaration, Code 2-37,
F.S.166.041, E020-112, E020-52)
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Special City Council Meeting
May 19, 2020
Page Three
20.054 ii. Any orders issued by the City Manager from the date of the issuance of the
declaration of the local state of emergency, and until, shall be submitted to the City
Council for review action by the City Council in accordance with Section 2-37(2)c of
the Municipal Code.
Items Approved by the Citv Manaqer in Accordance with the Citv of Sebastian
Declaration of Local State of Emergency:
20.045 Fiscal Year 2019 CRA Annual Report in Accordance with F.S.163.371 (Transmittal to
County, Transmittal, Report)
20.038 Concrete Construction Service Agreement with Tim Rose Contracting, Inc. for the
New Pavement Culvert Replacement/Swale Regrading Capital Project — Not to
Exceed $40,000 (Transmittal, Minutes Excerpt, Price Sheet)
20.053 Emergency Purchase and Installation of (1) HVAC System for the M.I.S. Division's
Server Room from Arnold Air Conditioning in the Amount of $27,160.00 (Transmittal,
Quotes, Proposal)
20.061 Microsoft Enterprise Agreement to Connect to Office 365 and One Drive (Transmttal,
Agreements)
20.047 The Distribution of Sebastian Police Department Forfeiture Funds to the Substance
Awareness Center in Accordance with FS 932.7055 (Letter, Transmittal,
F.S.932.7055, Letters)
20.068 Rent Deferral for Cruiser Aircraft, Inc. at the Sebastian Municipal Airport for the
Months of April and May, 2020 (Transmittal, Agreement, Letter)
20.069 Indian River County Water and Sewer Connection Fees for the Sebastian Municipal
Golf Course Club House, Restaurant, Cart Barn, Maintenance Building and Field
Restrooms in the Amount of $29,547 (Transmittal, Invoice)
20.070 Acceptance of a $30,000 FAA CARES Act Grant for the Sebastian Municipal Airport
for Any Related Business, to Include Salaries (Transmittal, Grant, History)
20.071 Continuation of Employee Insurance Broker Services with the Gehring Group for
One Additional Year (Transmittal, Letter)
20.031 Continuation of Financial Auditing Services with Rehmann Robson for One
Additional Year (Transmittal, Letter)
CONTINUE HERE:
20.072 iii. The Citv Council shall determine facts necessary as to whether there was a
proper special meeting request by Mr. Gilliams and whether it was imoroperiv denied
as a proper request for a special meetino and an improper denial would constitute a
violation of Article ll. Section 2.12 of the Charter. (Transmittal. E-mails, Sec. 2.12,
E020-52)
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Special City Council Meeting
May 19, 2020
Page Four
Mayor Dodd started the meeting with the replay of Council Member Gilliams' Motion:
The City Council shall determine the facts necessary as to whether there was a
proper special meeting requested by Mr. Gilliams - yes - and whether it was
improperly denied — yes - as a proper request for a special meeting and an improper
denial would constitute a violation of Article II, Section 2.12 of the Charter. It was
seconded by Council Member Parris.
Mayor Dodd summarized there was a special meeting request and it was improperly denied.
Council Member Gilliams read a prepared statement titled, "Judge Croom's Equation." (See
attached) He said his goal was that the duly elected officials follow the Charter.
Vice Mayor Mauti said he has listened to the comments and believed the City Council
meeting that Council Member Gilliams held was legal since three Council Members could
call a meeting and the City Manager could cancel a meeting 24 hours before the meeting is
to begin. When he went to City Hall he was told the meeting was postponed (delayed) so
he was expecting others to arrive. The actions prior to the March 18 meeting had relevance
because the City Manager had the power to cancel the meeting but Mayor Dodd did not
bring the Declaration of Emergency to City Council. For these reasons, Council Member
Gilliams' call for the meeting was correct but he was conflicted to take action on any
decision to terminate any Charter member without valid facts, action and cause. He also
said the Latin phrase ab initio does not mean illegal.
Mayor Dodd asked if he had any comments regarding the meeting requested by Council
Member Gilliams. Vice Mayor Mauti responded that they should do the fact finding and .
come to a conclusion. He was prepared to vote on the matter.
Mayor Dodd said the first item of Judge Croom's May 12 order stated the Mayor can declare
a state of emergency in times of public emergency; therefore, the Mayor's act in this regard
does follow the law. He said there was no requirement to bring back the Declaration to
Council and when he brought it up at the March 18 meeting he thought everyone heard what
he was saying and understood what he signed; there were no complaints.
He also stated the Judge's order also finds the City Manager is the emergency management
authority for the City under that order and had the authority to cancel the April 22 meeting.
He noted meetings are now being held, honoring the Governor's order. He said he
approached City Hall the evening of April 22 because he wondered if anyone came for the
cancelled meeting. He was approached by some people who told him that two Council
Members were inside waiting for Pamela Parris. He informed Council Member Gilliams and
Mauti that the meeting was cancelled to which Council Member Gilliams said it was not
cancelled, he was having his own meeting so he left to call the police.
Mayor Dodd said Council Members Mauti, Gilliams and Parris were in violation of the
Charter, Sunshine Law, and the Open Meeting Act to which there was no way to fix those
violations. He noted there may have been poor communication but no violations took place.
The matter before them had nothing to do with the April 22 meeting.
Council Member Hill asked to speak. Council Member Gilliams called for a point of order
because Council Member Hill began the discussion. Mayor Dodd authorized Council
Member Hill to continue.
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Special City Council Meeting
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Page Five
Council Member Hill said the only relevance of the April 22 meeting was that the Charter
Officers were essentially fired at that meeting; there was a lot of discussion at the March 18
meeting regarding the Emergency Declaration to include discussion about the possibility of
cancelling the April 22 meeting; but the only valid request by Council Member Gilliams to
have a meeting was on April 23 but the officers were in a flux trying to figure out what to do.
The next request was honored so he did not believe a valid request from Council Member
Gilliams was denied and there was no Charter violation.
Mayor Dodd noted the motion included that Council Member Gilliams requested a meeting
request and it was denied.
Roll call: Council Member Gilliams - aye
Council Member Hill - nay
Council Member Parris - aye
Mayor Dodd - nay
Vice Mayor Mauti - nay
Motion failed. 3-2
MOTION by Council Member Hill and SECOND by Mayor Dodd that Council Member
Gilliams requested a special meeting (after the order of the Judge) that was granted.
He noted that meeting was going to be held Monday, May 18 but in accordance with Council
Member Gilliams' request was held Thursday, May 14.
Council Member Parris noted she was requested a special meeting but was told staff was
waiting for the Judge's written order.
Council Member Gilliams said he felt the Council was putting themselves in jeopardy in the
future for when they call for a special meeting. He said Council could look forward to an
appeal.
Roll call: Council Member Hill - aye
Council Member Parris - aye
Mayor Dodd - aye
Vice Mayor Mauti - aye
Council Member Gilliams - nay
Motion carried. 4-1
20.054 iv. The Citv Council may enact an emercaencv ordinances? under the provisions
of Article II. Section 2.13 of the Charter (Transmittal, Sec. 2.13)
Mayor Dodd said Judge Croom asked Council if there were any other emergency
ordinances that they might want to address. Council Member Gilliams said he would like to
address this provision at a future meeting but no members had any emergencies to discuss.
Mayor Dodd announced this item was closed.
15. CITY ATTORNEY MATTERS
The City Attorney asked that the prepared statements given by the Council Members be
provided to the Clerk for the record as well as the played videos from the March 18 Council
meeting and April 22 meeting. (See attached)
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Special City Council Meeting
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Page Six
He stated he would provide his opinion on whether the Golf Course should be open or not
for the record noting his opinion did not include the pickleball courts.
He stated the use of subsection G in the Emergency Declaration was not nefariously done
as the language and terms have been used since 2016.
He also stated he did prepare an opinion regarding the closure of the March 18; and he did
provide a written response to Mr. Scozzari's attorney on March 23.
He also noted ab initio means invalid from the outset; and he cited Judge Croom's order
related to the April 22 meeting which is also mentioned in the transcript of her May 4
hearing.
16. CITY MANAGER MATTERS
The City Manager announced there would not be the traditional celebration for Memorial
Day on Monday but he asked everyone to take a moment to remember those who have
sacrificed all for our freedom.
He asked Council to consider moving the July 4`h fireworks to Labor Day since the
Governor's Order restricts gathering. It was the consensus of Council to move the fireworks
to the Labor Day weekend. The City Manager stated if the virus spiked they could consider
cancelling the show in September.
Because June 15Y is the start of Hurricane Season, he asked everyone to have their
hurricane plans in place and think about what they are going to do should there be an
approaching storm.
17. CITY CLERK MATTERS - None
18. CITY COUNCIL MATTERS
Mayor Dodd said there is voting under Council matters but not on items; the reason is
there can be no public input on Council items. The voting that takes place is for Council
to come to a consensus to move an item to next agenda. He said Resolution R-20-02
Section 8 (a) (1) specifically states there is no public input under these items.
A. Council Member Hill
Council Member Hill said he has received a public information request for the agenda,
minutes, and any communications as to how the April 22 meeting was held.
He thanked Mayor Dodd for the outstanding job he has been doing ushering Council
through one of the longest meeting periods with the shortest agenda. He asked the City
Manager, City Attorney and City Clerk to stay strong noting they have done a heck of a job
these past few months.
He said he appreciated all of the e-mails that he has received; because of the citizenry it
makes his job worth it.
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Special City Council Meeting
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7:04 pm
B. Council Member Parris
Council Member Parris said she didn't know why they wouldn't continue on section G, the
virus is like no other emergency they have ever had, She said she was here because the
people put her here and she won't apologize for asking questions and was aware how it
feels to be intimidated.
Holdinq Council Workshops
She requested holding Council workshops between the City Council meetings to
brainstorm and communicate with each other on all of the agenda items.
Council Member Hill stated that would make sense for a specific item. Vice Mayor Mauti
said it would be a good idea. Mayor Dodd said he was not opposed to placing this on the
agenda but it was his fourth year on Council and he hasn't encountered any problems
with discussing issues.
Political Action Committee
Council Member Parris requested that a political advisory committee of highly intelligent
people be formed to advise them on political matters. Mayor Dodd said he was against
anything like that. Council Member Hill and Vice Mayor Mauti were also not in favor of
this.
Shannon Cook Warrior Salvage
The City Manager there wasn't a Warrior Salvage issue heard by Council last year but a
change in the recycling ordinance that excluded auto salvage; Mr. Cook is disagreeing
with that and to revisit that, the Comp Plan and ordinance would need to be changed; this
would be a City recycling land use change to be addressed.
Vice Mayor Mauti and Council Members Gilliams and Hill were open for discussion at a
future meeting.
Council Member Parris said she was looking forward to mediation on the legal issues.
The City Attorney advised they should not be discussing pending litigation.
C. Vice Mayor Mauti - None
D. Council Member Gilliams (E -Mails, Draft Resolutions)
i. Resolution to end the Mayor's Local State of Emergency — This was
addressed at the May 14 Special Meeting.
Resolution to issue Local State of Emergency approved by Council - This
was addressed at the May 14 Special Meeting.
iii. Resolution to conduct Zoom meetings during COVID-19 State of Florida
Emergency — This was addressed at the May 14 Special Meeting.
iv. Resolution to follow decision of Rowe v. Citv of Cocoa, 358 F.3d 800 (11`h
Cir. 2004) and limit public commentary durina resolution discussions to
Citv residents only. Non-residents may address the City Council at public
comment time end of agenda.
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Special City Council Meeting
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Page Eight
Council Member Gilliams stated that he would like to hear from the citizens that
live in the City and own businesses first under Public Input.
Council Member Hill, Vice Mayor Mauti and Mayor Dodd were opposed to stifling
public comment on their matters.
Council Member Parris suggested opening the building an hour earlier to take
care of the City's business.
The majority of the Council Members were not in favor of placing limits on who
would address them regarding agenda items.
V. Resolution on am)rovinq, denvinq, cancellation of anv contracts entered bV
Citv Manaqer as of 3-17-2020
Council Member Gilliams said he would like to workshop the design build contract for
the new Public Works Facility to be built at the airport.
Mayor Dodd noted the contract that will be considered in the near future is to
approve only the design so that something will be construction ready but at this
time he wasn't sure if the City can afford to pull the trigger on the construction
because financial staff haven't determined the financial impact of COVID-19 so
they might need to make a decision as to whether they go or don't go with the
project. He said he believed Council reviewed the RFP correctly in 2019.
Council Member Hill said this is just the design phase without any idea of
construction costs; this Council will have the ability to determine if they like the
project --want to go forward --move the building or not. He noted there has been
no trigger pulled to start construction.
Council Member Gilliams said $460K to design the building is excessive; sales
and fuel taxes are going to drop; he wasn't interested in pushing a $5-8M building.
Vice Mayor Mauti said he was comfortable looking at the design contract when it
comes before Council in the future.
The majority of the members were not in favor of workshopping the RFP process
that selected the contractor to design the new Public Works Facility.
vi. Resolution to terminate the Citv Attornev's contract without cause
Council Member Gilliams withdrew this item for consideration.
vii. Resolution to aapoint an interim ON Attornev
Council Member Gilliams withdrew this item for consideration.
7:18 pm
8
13 of 84
Special City Council Meeting
May 19, 2020
Page Nine
Council Member Gilliams asked what was planned for the budget projections given
the current COVID-19 impact. Mayor Dodd said staff has always, and will, continue
to project the taxpayer's money.
Council Member Gilliams asked if there was a way to open up testing for non-
symptomatic residents to see who the COVID-19 carriers are. The City Manager
responded that testing was available and he has put the City on a list to receive
kits when they are available.
Council Member Gilliams asked for Council consensus to require everyone wear a
mask in the chamber. Council Member Hill said he was not in favor of the
requirement but if they were available, people could wear one. Mayor Dodd and
Vice Mayor Mauti said they were comfortable because they were socially
distanced.
Council Member Gilliams asked that someone from the Chamber of Commerce
give Council an update as to how they are doing with their recent change in
leadership as well as what is being done for the small businesses.
Council Member Parris and Vice Mayor Mauti agreed they would like to hear from
the Chamber. Mayor Dodd and Council Member Hill said they wouldn't be
opposed to inviting the Chamber at a future time but they did not want to set a date
or time.
The City Manager stated the Art Center and Senior Activity Center would reopen in
phase 2 of the Governor's Executive Order.
Council Member Gilliams said the Community Center was reported to him as being
despicable in regard to cleanliness. The City Manager said he would look into it.
In regard to hurricane planning as to shelters, the City Manager said he has
spoken to Indian River County Chief Stone who plans to open all shelters at one
time (instead of phases) to provide social distancing.
Council Member Gilliams displayed one of the County's Situation Report which is
titled Official Use Only and asked why he couldn't share it with the community.
The City Manager under the mutual aid agreement we have with the County, we
are following their protocol. He noted much of the same information can be found
in the community reports.
Council Member Gilliams asked for consensus to have the City Manager look into
sharing the report.
The City Manager said he did ask Chief Stone who stated he would quit sending the
report if it was distributed to the public. It was the consensus of Vice Mayor Mauti
and Council Members Parris and Gilliams to have the City Manager ask again.
E. Mayor Dodd apologized to the citizens of Sebastian for the 10 hour (continuation)
meeting to discuss these items. He said the actions taken by himself, the City
9
14 of 84
Special City Council Meeting
May 19, 2020
Page Nine
Manager, and City Clerk were taken to protect the City as a result of the meeting
held on April 22. He wanted the residents to know our objective is to protect the staff
and City in this process; he still stands ready to support the citizens of the City and
staff in what has to take place. He noted this too shall end and there will be a time in
the future that they might be able to slide back to a little bit of normalcy.
Council Member Parris thanked the clerk for her assistance.
19. Being no further business, Mayor Dodd adjourned the Special City Council meeting at 7:43 p.m.
Approved at the June 10, 2020 Regular City Council Meeting.
Mayor Ed Dodd
ATTEST:
Jeanette Williams, City Clerk
15 of 814
Special City Council Meeting
May 19, 2020
Page Ten
Manager, and City Clerk were taken to protect the City as a result of the meeting
held on April 22. He wanted the residents to know our objective is to protect the staff
and City in this process; he still stands ready to support the citizens of the City and
staff in what has to take place. He noted this too shall end and there will be a time in
the future that they might be able to slide back to a little bit of normalcy.
Council Member Parris thanked the clerk for her assistance.
19. Being no further business, Mayor Dodd adjourned the Special City Council meeting at 7:43 p.m.
Approved at the June 10, 2020 Regular City Council Meeting.
Mayor Ed Dodd
ATTEST:
Jeanette Williams, City Clerk
1
16 of 84
MY OF
SEBAsir,
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
REGULAR MEETING
MINUTES
WEDNESDAY, MAY 27, 2020 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Dodd called the Regular meeting to order at 6:00 p.m.
2. A moment of silence was held.
3. Council Member Jim Hill led the Pledge of Allegiance.
4. Mayor Dodd read the Civility Pledge.
5. ROLL CALL
Mayor Ed Dodd
Vice Mayor Charles Mauti
Council Member Damien Gilliams
Council Member Jim Hill
Council Member Pamela Parris
Citv Staff Present:
City Manager Paul Carlisle
Acting City Attorney Manny Anon, Jr.
City Clerk Jeanette Williams
6, AGENDA MODIFICATIONS
A unanimous voice vote approved the removal of item, "13A - Update by Sebastian River
Area Chamber of Commerce."
7. 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.
20.044 A. Proclamation for Chief J. Michelle Morris — Retiring with 33 Years of Meritorious
Service to the Sebastian Police Department
Mayor Dodd read and presented the proclamation to retired Police Chief Morris.
20.073 B. Proclamation — Code Enforcement Officers Appreciation Week - June 1 — 5, 2020
Mayor Dodd read and presented the proclamation to Code Enforcement Officer
Curtis Bloomfield.
20.055 C. Proclamation — Recoanizinq Former Vice Mavor Sal Neqlia for His Manv Years of
Communitv Service
Mayor Dodd read and presented the proclamation to Sal Neglia.
17 of 84
Regular City Council Meeting
May 27, 2020
Page Two
Brief Announcements by Mavor Dodd:
• He announced the Senior Center intends to stay closed until they reassess the Governor's plan to
reopen meeting places on June 23.
-He apologized to Council Member Gilliams and Council for closing the May 98 meeting early.
-He announced that Sebastian is fourth highest city in the state and number one on the Treasure
Coast to have responded to the Census and asked everyone to be sure to respond. Council Member
added that people can respond by phone.
Brief Announcements by Council Member Gilliams:
• He reminded the public that the 4'h of July Celebration is cancelled.
• He invited citizens to participate in the City meetings through Zoom on the computer.
-He announced the pickleball courts are open.
-He asked everyone to consider wearing a mask.
8. CONSENT AGENDA
20.074 A. Approve the Piaavback to Broward Colleae Contract #RFP -2018 -167 -EH to
Authorize Shenandoah Construction to Clean. Repair, Maintain. Televise and Install
Stormwater Pipes for Fiscal Years 2020 and 2021 (Transmittal, Price. Acceptance,
Award)
Council Member Gilliams pulled item A and asked that future items be placed under New
Business.
The City Manager explained the City's underground drainage system is aging and it was
cost effective to slip line the pipe and run a new pipe through the aging pipe; in order to
maximize the value, the City piggybacks existing publicly bid contracts.
MOTION by Council Member Hill and SECOND by Mayor Dodd to approve the piggyback
contract with Shenandoah Construction.
Roll call: Vice Mayor Mauti
- aye
Council Member Gilliams
- nay
Council Member Hill
- aye
Council Member Parris
- aye
Mayor Dodd
- aye
Motion carried. 4-1
9. 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.
20.049 A. Natural Resource Board (Transmittal, Application, Ad, List)
i. Interview, Unless Waived, Submit Nominations for One Unexpired,
Alternate Member Position
There was unanimous support for Mayor Dodd and Council Member Hill's nomination of
Patrick Powers to the unexpired position on the Natural Resources Board.
Regular City Council Meeting
May 27, 2020
Page Three
20.048 B. Parks and Recreation Advisory Committee (Transmittal, Application, Ad, List)
i. Interview, Unless Waived, Submit Nominations for One Unexpired,
Alternate Member Position
Mr. Mauro introduced himself. There was unanimous support for Mayor Dodd and
Council Member Gilliams' nomination of Richard Mauro to the unexpired position on the
Parks and Recreation Advisory Committee.
20.028 C. Planninq and Zoning Commission (Transmittal, Applications, Ad, List)
i. Interview, Unless Waived, Submit Nominations for One Expired, Regular
Member Position
Mr. Christino (current alternate member) stated that fresh ideas and voices are a benefit
to the City and requested to be a regular member.
Mr. Qizilbash stated he would like to serve again.
Council Member Hill made a motion to appoint Mr. Carter and Mr. Christino to the regular
member positions. Mayor Dodd seconded the motion.
Vice Mayor Mauti commented on Mr. Carter and Qizilbash's experience and contributions
to the Commission and asked that they remain.
It was agreed that Council would make the appointments separately and Council Member
Hill withdrew his motion to appoint Mr. Carter and Mr. Christino.
Council Member Hill made a new motion to appoint Mr. Carter that was seconded by
Mayor Dodd. A unanimous voice vote appointed Mr. Carter to another term.
ii. Interview, Unless Waived, Submit Nominations for One Exoired, Regular
Member Position
Council Member Hill nominated Mr. Christino; Vice Mayor Mauti nominated Mr. Qizilbash.
Roll call: Council Member Gilliams - Mr. Qizilbash
Council Member Hill - Mr. Christino
Council Member Parris - Mr. Christino
Mayor Dodd - Mr. Qizilbash
Vice Mayor Mauti - Mr. Qizilbash
Mr. Qizilbash was appointed for another term on the Planning and Zoning Commission.
20.018 D. Police Pension Board of Trustees (Transmittal, Application, Ad, List, Code)
i. Interview, Unless Waived, Submit Nomination for One Civilian Position
There was unanimous support for Council Member Gilliams' and Council Member Parris'
nomination of Andrea Ring to the Police Pension Board of Trustees.
10. PUBLIC HEARINGS - None
11. UNFINISHED BUSINESS - None
19 of 84
Regular City Council Meeting
May 27, 2020
Page Four
12. PUBLIC INPUT
Andrea Coy spoke on Council Member Gilliams' accusation of criminal activity regarding the
surplus sand at the cemetery during her term on City Council. (See attached)
Christopher Nunn, Sebastian, described the process of government contracting and asked
certain Council Members to resign.
Andrea Ring thanked Council for the appointment to the Police Pension Board.
Russell Herrmann, 586 Redwood Court, spoke on government transparency. (See
attached)
Nickolas Scheskowsky said he watched the petition process in action and was excited for
the enthusiasm.
Steve Smith, 158 Columbus, spoke on his radio broadcasting and news reporting
experience.
Michelle Morris, Sebastian, described the legitimate rental of Riverview Park by the recall
committee. She also thanked Mayor Dodd and Vice Mayor Mauti for admitting their recent
mistakes.
Tracey Cole, Sebastian, stated she has 7,400 signed petitions in the boxes that she had
with her. She asked the three Council Members to resign to save the citizens time and
money.
Nelson McCollum, Sebastian, asked why the August 28, 2019 meeting where the Graves
Brothers annexation took place when the City was under a hurricane emergency.
Graham Cox, 1213 George Street, asked that the City move forward with the Future Land
Use Amendment, the Comp Plan Revision and the Integrated Pest Management Plan. (See
attached)
Bob Bedea, Sebastian, stated that since the canal spraying has been put on hold he has
seen plants and wildlife return to the canal behind his house.
Father Dave Newhart, asked Council to work together to reach a consensus.
Jeff Holmestaff said he was not political but Council needed to stop because people are
suing the City.
Bob McPartlan cited the advice given by the former City Attorney that when Council Member
Gilliams implies criminal activity was taken by former City council members after
investigations were completed and found no criminal activity, the City could be sued for
slander if he continued with his allegations.
Mayor Dodd called for a recess at 7:28 pm and Council returned at 7:33 p.m. All members
were present.
20 of 844
Regular City Council Meeting
May 27, 2020
Page Five
A Zoom caller stated to Council Member Gilliams that one of the scariest things to happen
during his life was the public cheering after the hanging of Saddam Hussein as he too
thought he was doing the right thing.
13. NEW BUSINESS
20.075 A. Update by Sebastian River Area Chamber of Commerce Chairman of the Board
Joel Stout (no backup)
This item was pulled from consideration under agenda modifications.
19.155 B. Discussion (per Council Member Parris) Reaardina the Approved and Codified
Recvclina Ordinance 0-19-07 for the Industrial Zonina_ District Warrior Salva_a_e
(Transmittal. 0-19-07. Application. Mar))
7:34 pm
Council Member Parris stated that she would like to increase the ability to recycle and
include automobiles, especially as the population increases.
The City Manager described the recent code change to allow recycling with certain
conditions. He noted if you change the zoning for one district, it would apply for the all
industrial districts. Additionally he stated the City's current Comp Plan prohibits junk and
salvage.
Discussion followed if the Council wanted to have automobile recycling within the City.
Mayor Dodd advised there are multiple steps that need to happen.
MOTION by Council Member Parris and SECOND by Council Member Gilliams to modify
the Comp Plan to allow auto salvage and then change the ordinance 0-19-07.
Shannon Cook, Warrior Salvage, described the meetings he held with staff and was in
possession of records where he asked to recycle automobiles before he purchased his
property to run his recycling business. He asked for a reconsideration vote to include
automobiles.
AMENDMENT to the motion by Vice Mayor Mauti and SECOND by Council Member
Parris to have the City Attorney prepare an investigative document to bring back to board
at the second meeting in June.
Roll call on the amendment: Council Member Parris - aye
Mayor Dodd - aye
Vice Mayor Mauti - aye
Council Member Gilliams - aye
Council Member Hill - nay
Motion carried. 4-1
Roll call on the original motion
Motion carried. 5-0
Council Member Hill
- aye
Council Member Parris
- aye
Mayor Dodd
- aye
Vice Mayor Mauti
- aye
Council Member Gilliams
- aye
21 of 84
Regular City Council Meeting
May 27, 2020
Page Six
20.050 C. Resolution No. R-20-04 - Acceptina the 1st Quarter Financial Report and
Recoanizina Necessary Amendments and Adjustments to the FY19120 Annual
Budaet (Transmittal. R-20-04. Report)
8:06 pm
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
RECOGNIZING AMENDMENTS AND ADJUSTMENTS TO THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020 AS
PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR
SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION by Council Member Hill and SECOND by Mayor Dodd to approve Resolution No.
R-20-04.
The Administrative Services Director/CFO spoke on some of the fund summaries.
Roll call: Mayor Dodd - aye
Vice Mayor Mauti - aye
Council Member Gilliams - aye
Council Member Hill - aye
Council Member Parris -aye
Motion carried. 5-0
20.050 D. Resolution No. R-20-07 - Acceptina the 2nd Quarter Financial Report and
Recoanizina Necessary Amendments and Adiustments to the FY19120 Annual
Budaet (Transmittal. R-20-04. Report)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
RECOGNIZING AMENDMENTS AND ADJUSTMENTS TO THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020 AS
PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR
SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION by Mayor Dodd and SECOND by Council Member Hill to approve Resolution No.
R-2-07.
Bob McPartlan said the Administrative Services Director has a commendable financial
mind.
Roll call: Vice Mayor Mauti - aye
Council Member Gilliams - aye
Council Member Hill - aye
Council Member Parris - aye
Mayor Dodd - aye
Motion carried. 5-0
20.062 E. Approve CSA #6 with Infrastructure Consultina and Enaineerina (ICE) for the
Desian of New Taxi Lane at the Sebastian Municipal Airoort in the Amount of
$69.882.50 and Authorize the Citv Manaaer to Execute Appropriate Documents
(Transmittal. CSA #6. Scope)
The City Manager reported the CARES Act will pay 100% for this project and asked for
approval.
Regular City Council Meeting
May 27, 2020
Page Seven
In response to Andrea Ring, the Mayor advised that the City cannot use Federal Aviation
Administration funds to improve her street.
MOTION by Council Member Hill and SECOND by Mayor Dodd to approve CSA#6 with
Infrastructure Consulting and Engineering to design a new taxi lane.
Roll call: Council Member Gilliams - aye
Council Member Hill - aye
Council Member Parris - aye
Mayor Dodd - aye
Vice Mayor Mauti - aye
Motion carried. 5-0
20.076 F. Discussion (Per Council Member Parris) Council Workshops
8.50 pm
Council Member Parris requested workshops between Council meetings to discuss topics
that citizens contact her about.
Council Member Hill noted that a consensus of Council can request a workshop on a
specific matter at any time; and any (topic) items can be brought up under her matters.
Mayor Dodd said there are issues that need to be workshopped such as the Graves
Brothers land use and noted the committees can workshop items such as the clay tennis
courts where the public can comment. He said he was not opposed to holding workshops
during their regular meetings to discuss certain, pertinent issues or assign the issue to the
appropriate standing committee.
Council Member Gilliams said he would like to workshop the design -build of the new
Public Works Facility; as well as the spraying in residential yards; and 60 foot lots planned
for the Spirit of Sebastian subdivision
MOTION by Council Member Parris and SECOND by Council Member Gilliams to
hold workshops on demand starting with the new Compound. Council Member
Parris asked that the bid process be included in the workshop.
The City Manager said the agreement hasn't been approved but the $5M is in the budget.
He explained the contractor has been working at risk (they have expended funds) to bring
the project into budget by designing it in phases and Council will choose which design they
like best.
He also explained the grant by the City will cover the lift station, and the sewer connection
for the west end of the Airport on Roseland Road.
The City Attorney advised that since the bid was awarded, he was not comfortable
revisiting the bid at a workshop.
Council Member Hill noted the agenda item was to discuss the holding of workshops not
the new Public Works Facility; workshops have always been held as needed.
23 of 81�
Regular City C
Page Eig-'Qo °unci/ Meeting
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24 of 8, +
Regular City Council Meeting
May 27, 2020
Page Nine
15. CITY MANAGER MATTERS
The City Manager stated COVID-19 testing was available for residents at the Eastern
Florida State College in Palm Bay. He noted that he has asked for Senator Mayfield's
assistance in procuring a Sebastian site.
16. CITY CLERK MATTERS - None
17. CITY COUNCIL MATTERS
A. Council Member Parris cited Code Section 66-1 (1) & (2) which she said goes with the
Civility Pledge.
She may be considering the rescission of her vote on May 18 relating to Agenda Item 14a iv
but needed to review the minutes.
She cited a quote by Eleanor Roosevelt.
Mayor Dodd asked the City Attorney to look into if they could reconsider the vote.
B. Vice Mayor Mauti cited the meaning of ab initio which he stated was taken from the
intervener's pleading. Mayor Dodd said that was also in one of Judge Croom's orders.
Vice Mayor Mauti asked for an updated schedule on the Camp Plan's revision. The City
Manager said he would provide that.
C. Council Member Gilliams asked for an update on the Scozzari Variance. The City
Manager advised the Scozzari's have withdrawn their application and were going to submit
a new variance for consideration.
He said he is adamant that they look at the Wright Construction contract (to build the new
Public Works Facility) because they are from the west coast and they need to keep the work
local; in addition he felt that design drawings should come in under $200K; if there were no
issues there, they could move forward.
Council Member Gilliams said people needed to be tested for the COVID-19 virus to start
tracking and tracing.
He asked for consensus to determine if the Community Development Director had the
authority to extend the Graves Brothers FLUM with the Florida Department of Economic
Opportunities.
He asked for early consideration of how much of a budget shortfall there will be because of
the COVID-19 virus.
He thanked Mayor Dodd for apologizing for closing the May 18 meeting early.
He stated he was making public service announcements at Riverview Park on Saturday and
a police officer asked him to leave. He has asked for an internal investigation.
Regular City Council Meeting
May 27, 2020
Page Ten
He suggested that the City should consider selling items at the clay tennis courts to offset
the cost of resurfacing the court.
He asked for consensus to have the consent agenda items read aloud before approval.
There was no consensus.
MOTION by Mayor Dodd and SECOND by Council Member Gilliams to extend the meeting
until 10:00 p.m. passed with a voice vote of 3-2. (Ayes: Gilliams, Parris, Mauti) (Nays: Hill,
Dodd)
Council Member Gilliams said he would like to see the Integrated Pest Management Plan
back on track.
He said there will be meetings and a Council Member has the right to call a special meeting.
D. Council Member Hill thanked Mayor Dodd for keeping the meetings together and Ken
Killgore for the outstanding accounting.
He said the Governor's Executive Order requires the City not to have the 4th of July
Celebration which requires a lot of planning that should be underway at this point. He
pointed out the 4th of JUly will still be the 4th but the celebration with fireworks will carry
forward to September 51h in time for Labor Day.
He said he understands the concerns of the public regarding the clay tennis courts and he
looks forward to finding ways to make it more revenue neutral; his goal was to make sure
that citizens have the amenities that they need.
Council Member Hill noted the City of Sebastian has the fourth highest response in the state
to the 2020 Census and invited the public to respond by phone at (844) 330-2020 or in
Spanish (844) 468-2020.
E. Mayor Dodd said he heard in the public input that the City is trying to hide under the
COVID-19 to not get things done which is not true; the committees and boards will start
again this month.
He explained that the City cannot finalize the future land use map (FLUM) until they get out
from under the 164 Process with the County which the City doesn't know how long that will
take; from the City's prospective it would have been disastrous to have requested and
receive a shorter extension.
In regard to Council Member Gilliams' threat to remove him as Mayor, he said advised his
that he can't do it.
18. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 9:36
p.m.
Approved at the June 10, 2020 Regular City Council Meeting
Mayor Ed Dodd
ATTEST:
26 of 0
Wwrl ceil ildtai y
To: Sebastian City Clerk 4/18-12019
This is a request under the florida sunshine law for information
PGI
I iiiM iitv l
(;hUi, pj uperty on us- i vor the expansion of -f g f- ia QLY ase
the cemetary.
I am asking for all information to the purchase / annexation
opening of the cemetary trust and pay back to to the trust.
j:1 A
A - 7L
LISU ai-I e-aidiu-21-rum tine cruy mdrwgers i star i counci!
members / during this transaction.
All requests for bid to remove fill from this property. Also
where the city is storing the fill from this .Druirerty for future use as
Fri, or 4 it was soid was Me frioney usea to payea back to the
cemetary trust.
Ben Hocker
4 Larchmont I errace
Sebastian Florida 32958
Phone 772 388 9601
Page 1
I hank You
27 of 84
Jeanette Williams
From:
Scott Baker
Sent:
Wednesday, April 17, 2019 11:11 AM
To:
Jeanette Williams
C-�=
eaui cansie
Subject:
Re: Fischer Contract
No contract. Just correspondence. We received two bids. First bid would have cost the city $50k; Fischer's
LtF1 3717 E'i `�: i c a�. "n. �r�- i.s.:' �� y _t 'uizs us wttii3i iii iI[iiI 'YVUi at f.11e f.`eIll Lery � no C�large.
Scott
From: Jeanette Williams [iwilliams n,cityofsebastian.orpI
Sent: April 17, 2019 at 11:01:26 AM
TQs Scott Baker
Subject: Fischer Contract
Scott,
Do you have a Fischer contract for removing the sand at the cemetery?
Jeanette
City -C'lerk's Office -
1225 Main Street
Sebastian, FL 32958
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4/29/19
Can you please provide all city public records of e --mall,
phone raccrds,tex s and computer records. durfnq the
time rame c i-eb 1 201 / tnru March 31 2UI i c -.
city manager � van co, a€ d' ma mhoar� Pill t^nrf hAr,1Dnrf n �
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30 of 84
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Certificate of
Good Standing
32 of 84
3 Z -'L
Charter or by the city council. The city clerk shall have such powers as are confirmed by the
Charter, this Code of Ordinances and by the Florida Statutes, as presently constituted or
hereafter an?ended.
(Cotte 1980, § 2-2; Ord. No. 0-01-05. § 1, 2-14-01; Ord. leo. 0-13-01, § 1, 3-13-13)
Charter references—Authentication, recording and codification of ordinances. § 2.15;
city clerk, § 3.05.
Cross reference—Employee benefits, § 2-136 et seq.
t3 =k fT:a.
The office of city engineer shall be held by a person who is a registered engineer in. the
state. The city engineer shall be appointed by the city manager.
(Code 1980, § 2-3)
Sees. 2-4-2-9. Reserved,
Editor's note--Forirwrly, § 24 pertained to personnel procedures, derived from the 1980
Code, § 2-4. Such section was deleted by Ord. No. 0-99-13, § 1, adopted Sept. 22, 1999.
See. 2-10• Procurement of goods and services.
(a) Applicability Except as specifically set firth herein, all procurements for goods and
services for the city shall fall under the ultimate responsibility of Lhe charter officer utilizing
the goods or services (hereinafter called the "purchasing officer"), and shall be effected in
accordance with this section.
(b) Purchasing thresholds, Any request for the purchase of materials, equipment, services
and supplies unless otherwise exempt under this section is subject to competitive bird
procedures as follows:
(1) Up to :2500.00—Purchnsing officer or their designee may authorize purchase.
G4) ->LaIUU.UI to •P1),0V().UU-14YU or more verna.i giautes where pracGrew; purenaka,19
officer or designee may authorize purchase.
(3) $5,000.01. to $15,000.00 ---Three or more written quotes; purchasing officer or
designee may authorize .purchase.
i dAnn C Qnz nnn nf%
required.
(5) Over $25,000.00—Formal sealed bids and city council authorization required.
(c) Exceptions to thresholds.
(.1) doint. bid: The purchasing officer shall have the authority to cooperate Avath other
local governments or other public entities in the development and use of mutually
cooperative procurement contracts or master agreements. Such contracts shall
require council approval.
Supp. No. 60 C.1)2:6 33 of 84
/0-11 ADMINISTRATION § 2-93
Sec, 2-90. Lapse of appropriations.
Every appropriation, except an appropriation for a capital expenditure, shall lapse at the
close of the fiscal year to the extent that it has not been expended or encumbered. An
appropriation for a capital expenditure shall continue in force until the purpose for which it
was made has been accomplished or abandoned; the purpose of any such appropriation shall
be deemed abandoned if three years pass without any disbursement from or encumbrance of
the appropriation. Provided, however, the city council may create and maintain reserve funds
in the operation of utilities and the retirement of utility indebtedness for the purpose of
offsetting depreciation of utility physical properties as well as the expenditures necessary in
times of emergencies brought about by unexpected weather or other conditions.
(Code 1980, § 2-61)
Sec. 2-91. Reserved.
Editor's note—Ord. No. 0-06-01, § 3, adopted Feb. 22, 2006, repealed § 2-91, which
pertained to the central procurement system and derived from Code 1980, § 2-63 and Ord. No.
0-96-10, § 3, adopted July 24, 1996.
Sec. 2-92. Reserved.
Editor's note Ord. No. 0-06-01, § 3, adopted Feb. 22, 2006, repealed § 2-92, which
pertained to competitive sealed bids over $6,000.00 and derived from. Code 1980, § 2-64; Ord.
No. 0-91-16, §§ 1, 2, adopted June 12, 1991 and Ord. No. 0-96-10, § 4, adopted July 24, 1996.
Sec. 2-93. Sale, exchange or abandonment of city property.
(a) Personal property. If, upon recommendation of the respective department head, the city
manager has determined that personal property owned by the city is no longer needed or is
obsolete, the property may be sold by bid or by auction. Notice of sale shall be published once
in a newspaper of general circulation in the city. The city manager shall establish a price, or
determine sale by auction; however, if the depreciated value of any personal property is in
excess of $4,000.00, approval of the city council is required prior to such sale.
(b) Real property. When the city council has determined that any real property which is
owned by the city should be sold it is no longer needed for city purposes, such property may be
sold by bid or by auction with reserve. Notice of sale shall be published once a week for at least
two weeks in a newspaper of general circulation in the city calling for bids and specifying the
terms of purchase, including the minimum price, if any. If a suitable offer to purchase is not
received, the city may terminate the sale procedure and may reinitiate such procedures if
desired.
(c) Exchange of real property. When the city council finds it is in the public interest to
exchange real property owned by the city for other real property needed to fulfill a city purpose,
r the city council shall adopt an ordinance authorizing the exchange on such terms and
conditions as the city finds is in the public interest.
Supp. No, 36 CD2;7
34 of 84
§ 2-93 SEBASTIAN CODE
(d) Abandonment of interest in veal property. The city may abandon any city -held easement
or city interest in real property by adopting an ordinance declaring the interest abandoned. In
the case of a utility or drainage easements, or an easement located on the rear lot line or side
lot line of a lot located in a platted subdivision the abandonment may be by adopting a
resolution to abandon such easements.
(e) Bidding procedures. The bidding procedures set forth in section 2-92, for purchasing
items shall apply to subsections (a) and (b) of this section if the item is offered for sale by bid.
(Code 1980, § 2-65; Ord. No. 0-95-28, § 1, 12-6-95)
State law reference—Alternate procedure for purchase of property, F.S. § 166.045.
Secs. 2-94----2-105. Reserved.
DIVISION 2. FINANCE DEPARTMENT" -
See. 2-106. Created.
The city manager shall appoint a qualified person working directly under his supervision to
be director of finance, performing the duties prescribed hereunder and such further functions
as the city manager may assign_
(Code 1980, § 2-71; Ord. No. 0-99-13, § 2, 9-22-99)
Sec. 2-107. Director of finance—Powers and duties.
The director of finance shall be the city auditor and treasurer, and accordingly shall
maintain a general accounting system for the city government and units thereof; be custodian
of all funds belonging to or under the control of the city; supervise the collection of all money
due the city; supervise all tax or other assessments; and supervise the disbursement of city
funds, in furtherance of which the director must be a signator on any disbursement of city
funds.
(Code 1980, § 2-72; Ord. No_ 0-99-13, § 3, 9-22-99)
*Cross reference—Officers and employees, § 2-56 et seq.
Supp. No. 36 CD2:$ [The next page is CD2:111
35 of 84
CEMETERIES § 34-5
ARTICLE 1. IN GENERAL
Sec. 34-1. Applicability.
The rules and regulations in this chapter shall be applicable in the municipal cemetery.
(Code 1980, § 8-18)
See. 34-2. 'I)rust ftmd.
(a) A cemetery trust fund is hereby ,established which willbe administered by the finance
director pursuant to the policies established by the city council.
(b) A permanent endowment, in the minimi amount of $375:000, is hernhy
Ltae proceeds of which shall lie used for the sole purpose o-Tproviding funding for the operation,
care and maintenance of the cemetery.
(c) The proceeds from the sale of interment sites in the cemetery shall be deposited into the
trust fund, one-half of which shall be added to the permanent endowment- Non -endowed funds
will be used solely for capital exDansion.of'the smote. y to ;��.; _'- f,: -d, y ,
vu- vyr...-, do au3ii��iiL
watering system installation and related costs incidental to providing additional interment
sites for future sale.
(d) Funds in the cemetery trust fund shall not be used for any purpose, other than stated
in (b) and (c) above and shall be invested in accordance with the cites investment policy. As a
foT Il z-'p�� Luer vi inZenue& sites, the city obligates itself to use the
proceeds of such sales for no other purpose than as stated in this section.
(Code 1980, § 8-1; Ord. No. 0-93-12, § 1, 6-23-93; Ord. No. 0-01-20, § 1, 9-26-01)
Cross reference, --Finance, § 2-86 et seq-
Sec. 34-3. Records.
The cemetery sexton and office of the city clerk shall keep records as required -
(Code 1980, § 8-19)
Sec. 34.4. Unlawful conduct.
It shall be unlawful for any person to break or injure any tree or shrub, or mar any
landmark, marker or memorial or in any way deface the grounds of the cemetery.
(Code 1980, § &18.1)
Sec. 34-5. Hours; trespass.
The cemetery shall be open daily from 7:00 a.m. until sunset. Any unauthorized person on
the grounds after sunset will be a trespasser.
(Code 1980, § 8-20)
t:if:14::3
43 of 7_36 of 84
required). In any case, the property is being sought for an extremely reasonable price
and it will return City investment and extend the sales life of the r. empt,pr+! frnm 17 +gars
to JU-gU years (sales lite can be further extended with niche and mausoleum sales).
ANNEXATION — Should Council move forward with the purchase, annexation and
rezoning should take place; providing for a public service land use designation.
SAND — With the existence of the "sugar sand" ridnp 'in tha n-A=terfhc �';t - _-. "
�._ b:_, v y c,uutu
consider removal and sale of the sand. This would create more space for lot sales and
the sand sales could equal the value of the property.
STRUCTURE — if the purchase is made, the site should be improved. These activities
would include (1) removal of dead trees; (2) clearing of overgrown brush; (3)
demolishing the existing r ilanidatorl etrtlnti+rn• .,r..i !A± di -.--.i',
_ ___ .� Lr,:a trrn tti i,Eiut i ur iivcllCf punip and
electric service.
CEMETERY TRUST FUND — Ordinance 0-93-12 establishes procedures for funding the
Cemetery Trust Fund. Under these regulations, all niche and lot sales fund the Trust.
Trust revenue is then divided evenly between the Non -Expendable Trust and
Exoendship Tri tst ThA rt trro r.! lz.�i- : 4 .. __: &_7n"1 nn .-.
ra ;i tva,.,uc aria �zr3,�1J3 respectively. fn order
to purchase this lot without affecting other City funds and not violate 0-93-12, staff
recommends approving Resolution R-13-10. This resolution will allow the City to borrow
$26,007 from the Non -Expendable Trust and re -pay it from future cemetery sales without
funding the Expendable Trust until the money is refunded. At our current rate of 60
sales per year, the Non -Expendable portion of the trust should be repaid by the end of
r_:v 1 a
RECOMMENDATION
Staff recommends Council take the following action:
nNFirUVC K- 1.3- itJ.
Authorize Staff to close on the purchase of 12900 US Highway 1 within the
provisions of the sales contract.
37 of 84
cm OF
SIEBASTIAN
HOME Of PELICAN ISLAND
AGENDA TRANSMITTAL
12900 US Highway 1
Cemetery Expansion Purchase
A 111
/J, rov or,Submittal by:
, t 1
'A'IL/nny', ity Manager
Exhibits:
Agenda No. /UH -/J•UdU
Department Origin: City Manage
Administrative Srvc:
City Attorney:
City Clerk:
Date Submitted: 15 MAY 13
For Agenda Of: 22 MAY 13
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
$300,000 1 $0
SUMMARY
APPROPRIATION REQUIRED:
$300,000 — Cemetery Trust Fund
irc aewa- s'- Tari Cerziezery nos approximately 1,032 lots remaining. With average lot
sales at 60 per year, the remaining sales life of the cemetery is a little over 17.2 years
(not include niche sales). While this appears to be a long period, property around the
cemetery for future expansion is limited and property values are at an all time low.
At the May 8, 2013 meeting, Council preliminarily considered expanding the Cemetesv
into 12900 US Highway 1, which is a 1.4 acre parcel. As a result of that meeting, a
$300,000 offer was issued to the Seller pursuant to the terms of the agreement Council
reviewed. The appraised value of the property is $375,000.
Should Council wish to move forward to close on this land purchase, the following items
are provided as part of the due diligence process:
CEMETERY SALES — By making this purchase, staff has identified a number of options
for cemetery expansion. These options include a potential mixture of lot, niche and
mausoleum sales. The worst case scenario is that the property be converted into an
area for lot sales only along the existing terrain. Because the terrain has a ridge,
potential lot e,xnansinn is rQci!jc,..pd to pppm?irnatplu 7)n T'hi� ••R -,u t 4 F.-+^ ,•, ;=Ra
generate approximately $720,000 in sales revenues and take approximately 12 years to
sell, expanding the useful sales life of the cemetery to approximately 30 years.
However, many options are available to increase capacity and sales potential of the
property. One such way includes a mixture of lot, niches and mausoleum sales. In this
4utai '',1-2 spz;x. tilt co,i U' i.7d uF caicci 'VV1)1uh would eAiend i & sales iIf& OT
the cemetery for another 19.8 years (36.8 years total). in this extreme positive example,
gross revenue of $2,432,000 could be earned (significant capital investment would be
RG • M
arrOF
SERASTKN
HOME Of PSS. CM ISLAND
AGENDA TRANSMITTAL
I Sutjzz.
__ ;ems.,
12900 tis Highway 1 Purchase
ppr d for Submittal by:
!Tli e,City Manager
Exhibits:
Department OrWP141
Administrative
City Attorney:
City Clerk:41
Date Submitted: 2 MAY 13
For Agenda Of: 8 MAY 13
EXPENDITURE REQUIRED: AMOUNT BUDGETED. APPROPRIATION REQUIRED:
$10,000 � $0 � $300,000
SUMMARY
The City was contacted by John Kinq (Remax Crown Realty). reoresentino_ Charmian
Rallis, concerning the City's interest in purchasing a 1.4 acre parcel at 12900 US
Highway 1. The parcel is located immediately north of the Sebastian Cemetery and is
situated so that it can easily accommodate cemetery expansion.
Sally Maio and I have estimated that the cemetery has approximately 15 years of burial
space rernaininq, Based on the current real estate market and limited places for
cemetery expansion, I have taken the liberty to execute a conditional offer on the parcel.
This action has provided opportunity for Council to consider purchase of the land for
$300,000,
The purpose of this being placed on the agenda at this time is for Council to consider
this action in two phases. First, if Council does not wish to move forward, upon vour
direction. I will inform Mr. King and the transaction will not proceed forward and there will
be no cost to the City. Second, if Council wishes for more due diligence, l have
negotiated a sales contract that requires a refundable $10,000 deposit to hold the price
at $300,000 while more research is conducted prior to a closing date of ,lune: 10, 2013.
Some items for your consideration include:
The purchase would be made from the Cemetery Trust Fund which has an
approximate balance of $950,000;
If Council wishes to proceed with a purchase, the Cemetery Trust Fund
Ordinance limits the amount that can spend up to $250,0300. Council may wish to
consider changinq the current trust fund guidelines. which are there to ansure
funding for perpetual maintenance. Staff is of the opinion that these regulat�M 138
39 of 84
could simply be changed to provide both flexibility for capital Purchase and
tunding for perpetual maintenance;
The current appraised value of the subject parcel is $375,000;
Purchase of this parcel could expand the useful life of the cemetery for another
50 years_
RECOMMENDATION
Authorize the City Manager to execute sales contract and provide a $10,000 deposit
from Cemetery Trust fund to begin a period of due diligence.
91 of 138
CRY coundi ikreei:FrFtq
May 8, 2013
Page Ten
Mr. Geletko demonstrated and explained how the solar trash containers operate and
allow for advertisement. He then thanked them for their consideration and said they have
been here for 45 years.
Roll Call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0
13.079 E_ Presidential Street Protect Final Uodate — Consider Coolidae Street Addition
83-89 {City Manager Transmittal, Preliminary Cost Estimates Draft. Enoineerina
Drawinasl
The City Manager gave a brief explanation, stating this will be a good opportunity to
expand the project to add Coolidge Street, and sought direction to either Trove forward
as is, or ask Frank Watanabe with Neel -Schaffer to do a little more engineering to add
Coolidge into the project before we go out to bid, and if we do that, funding can come
from Cavcorp project savings in the CRA.
MOTION by Mr. Wright and SECOND by Mr, McPartlan to go out to bid with the project
expansion.
Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Wright Nays: None Passed: 5-0
t ve Crty WhirTageF saia he would Come baGR to Couneii wish a contract to award unless
the numbers are crazy, in which case he would be back to them sooner.
13.080 F. Consider Purchase of 12900 US 1 for Cemetery Exnansion (City-Manaaer
90-100 Transmittal. Prooertv Mao, Pr000sed Contract)
lt� C4 ivldi ldgel Said `Fie had been (Wrtacted by jann King, Crown Realty, who
represents the seller of a 1.4 acre property north of the cemetery, he had discussed this
with the Clerk and they agree there are apprcAmately 10 -15 years left of burial and
niche space on the existing property, and if we don't expand we will cease operation and
become maintenance only. He said with this property we could expand up to potentially
50 years and he did not think they would see a competitive a price in ten more years. He
said tree crFler is $3WK and appraised at i�5r bK= it can be purchased with cemetery trust
fund money which comes from cemetery sales which has a current balance of $975K,
though only a percentage of the trust can be used for capital purchases, so we may
need to adopt an ordinance to change the provisions of the trust fund. He said there is
currently $275K available without changing the trust fund language. He further explained
the intent of the cemetery trust fund provision to provide for perpetual care, but said it
R"i-akes Sense to use sorne & trie :ands Tor capgal improvements to the cemetery, He
requested authority to provide a $10K deposit to give him a month to research the use of
the property and make sure it makes sense, and if we decide it does not, the deposit will
be refunded. He said if Council wishes to moue forward, and the purchase is feasible, he
will bring something back to a special meeting or the May 22" meeting.
r 0Titi N' by lith. ,`Indicia and .'9Ci..CJND by tib. Wrior to approve.
Mr. Wright said the prig is less than the property appraisal, and he is optimistic that
property prices will continue to rise so this is the right time to make this purchase.
Rall Call: Ayes: Coy, Hill, McPartlan, Wright, Adams Nays: None Passed 6-U
E
i
Regular City Council MP ..ting
May 22, 2013
Page Four
13.087
24-37
13.080
38-43
C �jof", &4
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.
A. Parks and Recreation Advisory Committee
(City Clerk Transmittal, Three Armlicafions. Ad. List)
i. Interview, Unless Waived and Fill One Expired, Regular Member Position
Mr. Adams nominated Greg Paschall and Mr. Wright agreed with the nomination
Lawanna Perry asked to speak to express her continued interest, and said it seemed
they had decided. Mayor McPartlan said the City always needs its citizens to come
forward and encouraged her to continue to apply.
Norman Meyer said he would like to keen his hat in the ring lout rdi4p. to family
commitments he would probably have to miss the first three meetings of Parks and
Recreation and withdrew his application for now.
Greg Paschall thanked Council for the opportunity, said he has two young sons and
they have been to every City park, he would do his best to talk to people in the
community and bring their concerns to the committee and had spoken to former Chair
Scott Simpson on some issues.
Ms. Coy said to Ms. Perry that she should not take this personally, that Council had
three highly motivated and qualified individuals and suggested she attend the meetings
and get a leg up for the next opening.
Mr. Adams said he did not mean to offend Ms. Perry because he knows how hard she
works at Little League and her work is greatly appreciated.
Mr. Paschall was appointed to the Regular Member position by virtue of the only
nomination.
9. PUBLIC HEARINGS - None
10. UNFINISHED BUSINESS
A. Purchase of 12900 US Hi4hwav One Cemetery Expansion Purchase - Adopt
Resolution No. R-13-1_0 and Authorize. Staff to Close on Purrhase Wdh;n
Provisions of Sales Contract (City Manager Transmittal. R-13-10)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
BORROWING FUNDS FROM THE NON-EXPENDA81-E CEMETERY TRUST FUND AND
REPAYING THE FUNDS WITH ALL NICHE AND LOT SALES, PROVIDING FOR CONFLICT;
PROVIDING FOR AN EFFECTIVE DATE.
The City Manager explained how the 1.4 acre property was brought to the City's
attention by John King, that he had worked quickly to secure it at a cost of $300K. after
the last meeting staff had looked at about five issues to bring to Council's attention, and
ultimately he would ask for Council's authorization to complete the sale and purchase.
4
42 of 84
Regular Citv Council Meetino
May 22, 2013
Page Five
He reviewed how the cemetery is managed, the Clerk takes care of sales and records,
and he is in charge of operations, maintenance and personnel, that there are
r'innrrlxim?t'�ly ion() Lnt;z ramaininy in 4ha anri iiLeal%, hqc a lifsa of ahni. 0 17 7
years. He said Council needs to decide If it wants to close cemetery services at build out
and just maintain, or continue offering municipal cemetery services, however, it would be
staffs recommendation to expand cemetery services, due to availability of funds,
population growth, the good price for the property below assessed value, and indications
that we are leaving the bottom for property prices and if we wait the cost will be higher,
anri th,a nrnr rim'
He said staff crunched numbers to consider the purchase and looked at two extreme
case scenarios, 1) since the property is on a hiif, 213 of the property would be unusable
for lots, if we just use the flat areas we could get about 760 lots from the 1.4 acres, and
with City resident rates of $1000 for a full lot would get us $760,000 in revenue; and 2)
f:ts.!g E-'. A �.-•__ •_
_: Oyu n5,tiw cti,�rrc yr3 .,; �, 11 z' ± g i.icti[i�ty io`sFi t :y tUt , Tt!'t if eiii�i
a mausoleum, which could bring in significant revenues up to $4000 to $7500 per space.
He described the opportunity to build a mausoleum into the hill with space for lots above
and with niche and lot sales for a potential of $2.5 million in revenue- He said this
purchase is safe financially, and there is potential to return our investment and is a
competitive price.
He then discussed the ridge and the possibility of digging out the sand and selling it which
could bring a significant profit, which would open lot space to about 800. He said the
property would have to be annexed and rezoned to public service, and a dilapidated
structure would have to be removed. He said the code provides for a cemetery trust fund
which is just about $975K and it is divided into a spendable trust which is used for capital
i �r vrii iCt iiS iiCi dxpal f'` Ivri, ai lu a 11Q[r:SPdfJUduid fui'"iut�tii �7ei ftt i rrrait�teilance. me
said there is currently $763,382 in the non -spendable for perpetual maintenance and
$273,993 in the -spendable portion so we are about $25K short for the purchase. He
recommended if Council wishes to move forward with the purchase, they pass R-13-10 to
suspend the trust fund rules for an indefinite period so we can borrow $28,007 from the
non -spendable trust fund portion to make the purchase, and then all cemetery sales going
€urwaiu wiii pay back iffinat elft ourit to the Pith]-spenaable trust tuntj until replenished.
The City Attorney read Resolution No. R-13-10 by title.
MOTION by Mr. Hill and SECOND by Mr. Wright. to adopt Resolution No. R-13-10 and
authorize the City Manager to close the purchase of the 12900 US 1 property within the
provisions or the sates contract reviewed at the last meeting and in packets this evening.
Mr. Adams asked what is involved in removing and selling the sand and would the
revenue from that go to the cemetery fund or the general fund- The City Manager said it
should and needs to stay in the cemetery fund, that there is no plan laid out, and the
essential bottom line is we have a lot of options if we buy that lot.
Ms. Coy said Vero Beach Crestlawn cemetery fund is getting short and ours is healthy
so kudos to whoever set this up. The City Manager said there will be road and
maintenance issues to address, but if we maintain good interest on our investment we
should be able to build up our perpetual maintenance and capital funds.
5
43 of 84
Rpntd;mrCAty rminril Mr-Ptinn
May 22, 2093 v
Page Six
Mr. Adams asked if the sand were to be sold, would it go to the non -expendable or
expendable fund. The City Manager said it would be up to Council, but his knee jerk
rG7Ptiflr► tgrni4ir� ha fn Freers. it in 0h rar--tery ire Him- ..�r.i4�f fi inrl ilA. Ora -mc C -M A s;rw m wa
are borrowing the funds from the non -expendable, maybe we should look at the
ordinance to consider increasing the amount we keep in the expendable fund. The City
Manager said he would even go the other way and reduce the amount you need in the
perpetual fund and at this stage this is premature. He said he would not recommend
amending the ordinance at this time.
The City Clerk commented that the code language only provides that proceeds from
sales of interment sites shall be paid into the trust fund, and the City Manager stated that
was his comment, that if we sell sand, the proper place for that is the cemetery trust fund
and his knee jerk reaction is to put it in the expendable fund for future capital
improvements.
Roll Call: Ayes: Hill, McPartlan, Wright, Adams, Coy Nays_ None Passed: 5-0
11. PUBLIC INPUT
(procedures on back of agenda)
Dave De'vtrgillu and Mike Mui ray, iuudri uI P iican island Place, requested iiiai C' Ty
Council revisit previous discussions from several years ago on the realignment of Barber
Street in the area near Pelican Island .Elementary due to the dangerous curve that exists
there and incidents Vvhich have occurred with people missing the turn, driving off the
road, and even once hitting and killing Mr. Murray's dog in th wale. They provided a
petition signed by 35 individuals in the neighborhood (see tition attached). Mr.
Devirgiito said ne was a me oer or mf -U Citizens Acvpory U-ommittee ants Mr. Matson
said he would have no probler donating the three qrlots the County owns.
Mr. Wright asked if he had discuss d this with a City Manager, and Mr. DeVirgilio said
he met with him about eight months o, a the good news is there was a preliminary
plan drawn.
The City Manager responded the i ie is d e want to reintroduce this and said it was
on the books in 2005 when he a ved, and we k it off the books soon after. He said
the county had worked to acq - e several lots on a eastbound section of Barber, and
there were issues with scru lay habitat, and disco Fish and Wildlife scrub jay take
issues. He said funding s moved to other areas anih the budget naming up it may
be something we wan o look at again during CIP, we have preliminary drawings.
Petr. Hill asked if i as an MPO project since it was Barber and the City Manager said it
was local, the c unty's contribution was that they had purchased properties. Mr. Hill said
he thought he save it on an MPO plan. Mr. DeVirgilio said it was on the plan when he
started on CAC and is now done. Ms. Coy said it might have been combined with the
larger Barber/Schumann intersection project.
Mr. Wright said it would be good to get some drawings to see how it was aligned and
discuss it further. The City Manager said those two projects — Barber Street realignment
and the intersection project - had never been tied together.
,-7 t-�- <-�
)CY I ID -, D VV
Mr. Hooker,
There was not a Request to Bid. Attached are the two quotes we received. We decided to go with
Henry Fischer's quote because it wouldn't cost the City anything and Henry Fischer is providing the base
rock for the new driveway as part of the agreement.
If you need more information, please left me know.
Jeanette
45 of 84
ton
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(772) 589-3159 - FAX (77p 5847731 - h f ischerk� ligfiro rid a. com
C il v of sebast i Eiji
Aufi.; Kip 7,
1225 Wn Sinsel
ScNistian FL 32958
RE: Clearing j Fill Rc-movaf
sehnfian cenleter�
NO Kdso
Site Development
- Road & Parking Lot Constructia�
-St,')rm Drainage - Land Cleinn,
* Fill Hauling & cfonlpp'.;tio'n
* Hlaavy Equipment Rentals
Mch L 201 ?
On Fn'Ndn� 8 4f hxpeoed the norlen; ponhmi orse ammon vemoery prMeny io
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n effort to determhic a cost Air the iIearing and ivnwval of �,ciib and dobris-
I troin a barned
sinnn= mul leveling tile p3'e:.Nr1-,t to dw ChANg a�jaccifl cotnetei-y pi-operty grade.
%We have re; ice ed the owns asnaMcd xvkh thiszlcti- ity and offer Ow Lly of Snamin Te 545wkg:
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Ex"Wonmid i iLwttwal of E'X'Cis FiH Nkni.-izd
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Hem-, Fiselwf -alld som" %kill perfioryn d9b s"Tc of %ork frvC �6Lh 1hC lifipfl(iflifl,'l thit Hcntl%
Fisher mid Sons 0l remb all fill maiall psemd konl the C%cavation am! Kdog of Me pmpaq 0
lieu of payruent. llcllr'. kichk�r.md perMA 18 nwnths bt� i3crmitted to
%voi'k and a dfivewapennh Q Whwd b) Ow Q w acee` the ire from US Hkv1. 1 lenf�y
Fischer and sons will construct the (cck�s.' dr1% C and refnoi e It upoll conlplefivfl
kk`iV; appr'�t"-iznt- tht� opporiuni(� :o psr�t--"-�flt �"ou Nor all i:',6111atc L)I'f � Cur prqiecl.
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111 < U 3 k )%i L i I i, j f I t v i s pp4 i i I u n i t � it) 1) 1 t) ti it I c I I i t: , q i i - , I a I ., i i i.
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47 of 84
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required). In any case, the property is being sought for an extremely reasonable price
and it will return City investment and extend the safes life of the cemetery from 17 years
to 30-40 years (sales lite can be further extended with niche and mausoleum sales).
ANNEXATION — Should Council move forward with the purchase, annexation and
rezoning should take place; providing for a public service land use designation.
SAND — With the existence of the "sugar sand" ridge in the parcel, the City could �q�,�i�NT
consider removal and sale of the sand. This would create more space for lot sales ands
_ = the sand sales could equal the value of the property. -
STRUCTURE — If the purchase is made, the site should be improved. These activities
would include (1) removal of dead trees; (2) clearing of overgrown brush; (3)
demolishina the existing dilaoidated structure: and. W disconnection of water pump and
electric service.
CEMETERY TRUST FUND — Ordinance 0-93-12 establishes procedures for funding the �- -- -
Cemetery Trust Fund. Under these regulations, all niche and lot sales fund the Trust.
Trust revenue is then divided evenly between the Non -Expendable Trust and
F'vrionriahln Tri mt Tha rc Errant ha}arira is �7RI I R7 assn# t�%71 G{2.1 racet+rtiv,=1v in nrdAr
to purchase this lot without affecting other City funds and not violate 0-93-12, staff
recommends approving Resolution R-13-10. This resolution will allow the City to borrow
$26,007 from the Non -Expendable Trust and re -pay it from future cemetery sales without
funding the Expendable Trust until the money is refunded. At our current rate of 60
sales per year, the Non -Expendable portion of the trust should be repaid by the end of
RECOMMENDATION �
Staff recommends Council take the following action: '
r
i'
2. Authorize Staff to close on the purchase of 12900 US Highway 1 within the
provisions of the sales contract.
HOME Or PELICA 4 E5LAWD
AGENDA TRANSMITTAL
12900 US Highway 1
Cemetery Expansion Purchase
I ,I
Approves forJSubmittal by:
J
Alh inner, ity Manager
II Ar
I Exhibits-.
Department Origin: Citv Manager
Administrative Srvc;
City Attorney:
City Clerk:
Date Submitted: 15 MAY 13
For Agenda Of: 22 MAY 13
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
5300,000 1 $0
SUMMARY
APPROPRIATION REQUIRED:
530U00 — Cemetery Trust Fund
sales at 60 per year, the remaining sales life of the cemetery is a little over 17.2 years
(not include niche sales). While this appears to be a long period, property around the
cemetery for future expansion is limited and property values are at an all time low.
At the May 8, 2013 meeting, Council preliminarily considered expanding the Cemetery
31 iLLJ IG:133 VV , YYI 11 VII IJ U I.T u ....• a, ar.a ....�.�.. •.3Y
$300:000 offer was issued to the Seller pursuant to the terms of the agreement Council
reviewed. The appraised value of the property is $375,000.
Should Council wish to move forward to close on this land purchase, the following items
are provided as part of the due diligence process:
CEMETERY SALES — By making this purchase, staff has identified a number of options
for cemetery expansion. These options include a potential mixture of lot: niche and
mausoleum sates. The worst case scenario is that the property be converted into an
area for lot sales only along the existing terrain. Because the terrain has a ridge,
potential lot expansion is reduced to approximately 720. This amount of lots would
generate approximately z-pi1u,uuu in safes revenues ana iaKe approximateiy iE years to
sell, expanding the useful sales life of the cemetery to approximately 30 years.
However, many options are available to increase capacity and sales potential of the
property. One such way includes a mixture of lot, niches and mausoleum sates. In this
scenario, a total of 1192 spaces could be created which would extend the sales life of
the cemetery for another 19.8 years (36.8 years total). In this extreme positive example,
gross revenue of $2,432,000 could be earned (significant capital investment would be
49 of 84
From:
Scott Baker
Sent:
Friday, January 19, 2018 8:54 AM
To:
'front desk'
Subject:
RE: Signed City of Sebastian Cemetery Property Letter
Perfect. Thanks. I'll get permits into motion.
Scott
From: front desk fmailto:hfischerewediaflodda.coml
Sent: Friday, January 19, 2018 8S3 AM
To: Scott Baker
Subject: Signed City of Sebastian Cemetery Property Letter
Dear Mr. Baker,
Please find attached signed letter. is it possible to setup with you a pre -construction meeting
sometime on Monday, January 22, 2018? Please contact me when you get a chance. Thank you for
your time in this matter.
Regards,
Mew t, fi8c4er,
President
- — ---Hen-ry Fischer &-Sans, Yne.
10729 US Highway 1
Sebastian, FL 32958
1975-2018
43
Years of Excellence
Henry Fischer & Sons, Inc.
Office: (772).589-3159
Fax: (772) 589-7731
Cell: (772) 473-8868
Email: hfischer(&wedivflorida.coln
50 of 84
From: Scott Baker
Sent: Monday, January 22, 2018-10:53 AM
To: 'front desk`
Subject: Attn: Hank - Sebastian Cemetery expansion clearing
Hello Hank,
I just left speaking with Linda in the Building Dept. and she is creating a clearing permit for Henry
Fischer & Sons, Inc. to clear the sandy area north of the cemetery per your letter dated January 15,
2018.
The permit should be ready later today.
Thanks,
Scott
51 of 84
From: Scott Baker
Sent: Monday, January 22, 2018 3;17 PM
To: Kin Kelso
Cc: Joe Griffin: Kenneth KillRore
Subject: Cemetery land expansion area clearing
Kip,
A Clearing Permit should be issued this week to clear the cemetery property north of the main
cemetery area.
Fischer & Sons will begin soon after that.
We need to get you hooked up with the foreman of the clearing project to coordinate "time outs"
during grave side services.
Scott
52 of 84
Front:
Sent:
To: Linda
Lo
Sub/ect: Thud hsl
ay
Scott
RF Clea keranuarY 25 2018 g:pg
Scott, wring Permit - Cemeter AM
l will ch Y Property
eck on it. ;t has been en
Thanks
Linda tered, andpaid, so;arn
int ` Co
Baker a
Just waiting for it to be
To: Lind ursda y, Ja
SubjeM. aC eh sl nUapPrOved.
rY 2S, 20�8 g: 0�
Ju oda /In8 Permit -Cemetery Pro AM
0/1 Pe
ow;n riy
gen the Permit � on the clearing Pe
ankHank the in foxed? what happen rrf7inrequest involy.
Scott eXt? Do l Picking p the her.
Permit and nod• fY Fisher,
or have You
53 of 84
From:
Lisa Frazier
Sent:
Wednesday, January 31, 2018 8:24 AM
To:
Scott Baker
Subject:
RE: expansion of cemetery property: clearing of
Scott
Spoke to Kip yesterday and Kim/myself will walk the property tomorrow. We all understand the value
of the property and will provide you with our findings by Friday.
Thanks
Lisp Leger Frasier, AICP
Community Development Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Direct: 772-388-8228
From: Scott Baker
Sent: Wednesday, January 31, 2018 7:27 AM
To: Lisa Frazier
Subject: expansion of cemetery property: clearing of
Good Morning Lisa,
Understanding your desire to hold off clearing the property north of existing cemetery grounds until
the grounds are needed,
would like to proceed with the clearing and leveling for several reasons:
1) The offer from Henry Fischer & Sons to clear the property for free in exchange for keeping the
sand is a good deal for the city. I cannot say how long this offer will last. The alternative is to
pay $27,000 or more to a clearing company.
2) The clearing process is expected to take months to accomplish if Fischer does the work.
3) The cemetery plans to install a comprehensive, modern irrigation system — and it would be a
smart idea to include the northern expansion property in this plan.
I understand this permit approval is currently in your hands.
Thanks,
Scott
54 of 84
Frarn:
Sent:
SCQtt
SubJect. Wed ker
cQisa Frnazieay February � 20
Lisa meterYpro 183:55 pM
Checking in to s pertY Bearing permit
T°daY l see
how
to the Your d
Mc Dna/d cernete Y observed a c ear g co is °pn7ing along
Interested 5) - This is count
) located �pany haul, on this.
Scott ks, n Your thoughts op th ertY we hay n rth o away fr°m a V.
is. a nO record 0 its C eae n (ac oss the
t ne site (ger
g permit. °ad from Y similar
55 of 84
From: Scott Baker
Sent: Monday, February 12, 2018 11:36 AM
To: Merbert Mi[on
Cc: Kip Kelso
Subject: FW: Cemetary Site
Attachments: Cemetary_Site1.JPG; Ce meta ry_Site3.JPG; Cemetary _Site2.]PG
Bub,
There is a section of property north of the cemetery that the city owns for expansion of the cemetery.
We are about to be granted a clearing permit whereby Fischer Trucking will haul away the sand and
level the property.
Before we can do that there is some clean up that needs to be done (see attached pictures).
Will you please get with Kip and coordinate a time and day where Parks people can come in to haul
away the man made trash and things that don't belong .._ mostly the plastic containers.
Thanks,
Scott
From: Kim ]ones
Sent: Monday, February 12, 2018 10:09 AM
To: Scott Baker
Cc: Lisa Frazier
Subject: Cemetary Site
Scott, Attached are pictures of the various containers on the property which may be a concern on the
cemetery property
56 of 84
From: Timothy Clarke
Sent: Tuesday, February 13, 2018 7:20 AM
To: Scott Baker
Cc: Kip ifelso; Merbert Milon: Timothit Clarke
Subject: RE: Cemetery property clearing
Will do Scott.
From: Scott Baker
Sent: Monday, February 12, 2018 3:27 PM
To: Timothy Clarke
Cc: Kip Kelso; Merbert Milon
Subject: Cemetery property clearing
Alan,
Before we turn over clearing and levelling of `sand hill' cemetery property to Fisher Trucking the city
needs to pick up a bunch of garbage that is strewn across the top of the hill. See Bub for pictures.
The trash debris is too much to pick up by hand — we need to get a bucket loader up there. Bub thinks
traction is going to be a problem. Lots of sugar sand. Please take a moment to run out there to see if
you have any thoughts on how to get mechanical equipment up the bill. If the Egyptians can do the
impossible, we should be able to find a way.
Thanks,
Scot
57 of 84
From: Scott Baker
Sent: Tuesday, February 13, 2018 11:20 AM
To: Timothv Clarke; Merbert Milon;Tim Walker; Robert Robinson
Cc: Kip Kelso
Subject: FW: Trash debris pick up @ cemetery sand hill
Change to Friday. I forgot Bub has MOT class on Thursday.
From: Scott Baker 4
Sent: Tuesday, February 13, 2018 11:17 AM
To: Timothy Clarke; Merbert Milon; Robert Robinson; Timothy Clarke
Cc: Kip Kelso
Subject: Trash debris pick up @ cemetery sand hill
This note is about the trash field on top of the sand hill at the Sebastian Cemetery.
The trash needs to be picked up and properly disposed of before we turn the area over to Hank Fisher.
The challenge is getting machine access (bucket loader and maybe a back hoe) to the top of the hill.
Alan has scoped things out and has a plan on how to best move equipment.
This may involve help from Stormwater.
Can we please meet in the PW conference room on Thursday morning, first thing (08:00am) to lay out
a plan?
Thanks,
See you then
• :�
.F
-� I �Y� �..� \3 fes�.,,✓•��� � �;1 '�
r. � � +iii L� +t., r 41 �• �� Y , .�
71,
'9717
f
From:
front desk
Sent:
Wednesday, February 7, 2018 2:21 PM
To:
Scott Baker
Subject:
RE: Signed City of Sebastian Cemetery Property Letter
Dear Mr. Baker,
If any environmental issues arise please contact us if you need any assistance.
Regards,
Henry Fischer
From: Scott Baker lmailto:RBaker4CitvofSebastian.ore]
Sent: Tuesday, February 06, 2018 10:54 AM
To: front desk <hfischer(@wedieflorida.com>
Subject: RE: Signed City of Sebastian Cemetery Property Letter
I will look into it. Thanks,
Scott Baker
From: front desk rmailto:hfischernwedioflorida.coml
Sent: Tuesday, February 06, 2018 10:43 AM
To: Scott Baker
Subject: RE: Signed City of Sebastian Cemetery Property Letter
Dear Mr. Baker,
Could you please contact FPL to remove existing power pole that went to old burnt building onsite.
This pole will be in the way of excavation (We can go around, however, site will look better when
completed if removed now. Let me know if this possible.
Rega rds,
Henry A. Fischer
From: Scott Baker(mailto:RBaker()CitsrofSebastian.orR]
Sent: Monday, February 05, 2018 4:31 PM
To: front desk <hfischer@wedigflorida.com>
Cc: Lisa Frazier <LFrazier@CityofSebastian.org>
Subject: RE: Signed City of Sebastian Cemetery Property Letter
Hello Hank,
The clearing permit is undergoing an environmental site review, which may add a few more days to
the process.
If any environmental sensitive species are found, we may be forced to take a look at a mitigation
process (which will likely add time to the process). For now my office is in a wait-and-see mode.
I'll keep you posted when I learn something.
62 of 84
Thanks for keeping on top of this.
Best,
ScottBaker
From: Front desk rmaiIto: hfischernawediaflori da. coml
Sent: Monday, February 05, 2018 3:52 PM
To: Scott Baker
Subject: RE: Signed City of Sebastian Cemetery Property Letter
Dear Mr. Baker,
Any updated information on the Cemetery Expansion / Clearing project? How are we progressing,
please contact me when you get a chance.
Regards,
Henry Fischer
President
Henry Fischer and Sons, Inc.
From: front desk
Sent: Friday, January 19, 2018 2:21 PM
To: Scott Baker <RBaker@CityofSebasiian.org>
Subject: RE: Signed City of Sebastian Cemetery Property Letter
Do you have a date for pre -construction meeting? Please contact.
From: Scott Baker [mailto:RBaker@CityofSebastian.org]
Sent: Friday, January 19, 2018 8:54 AM
To: front desk <hfischerf@wedieflorida.com>
Subject: RE: Signed City of Sebastian Cemetery Property Letter
Perfect. Thanks. I'll get permits into motion.
Scott
From: front desk f maiIto:hfischerfa3)wedigflorida.coml
Sent: Friday, January 19, 2018 8:53 AM
To: Scott Baker
Subject: Signed City of Sebastian Cemetery Property Letter
Dear Mr. Baker,
Please find attached signed letter. Is it possible to setup with you a pre -construction meeting
sometime on Monday, January 22, 2018? Please contact me when you get a chance. Thank you for
your time in this matter.
Regards,
63 of 84
From:
Scott Baker
Sent:
Tuesday, February 20, 2018 2:38 PM
To:
'front desk'
Subject:
Sebastian Cemetery sand hill
Hello Hank,
We have a "green light" to begin the land clearing at the northern area of the Sebastian Cemetery.
Our people are removing trash and manmade debris from the mill top.
I'm also working on removing the FPL power pole you mentioned.
Thanks,
Scott Baker
CHY CC
HOME OF PELICAN ISLAND
R. Scott Baker
Public Facilities Director; Airport Director
1225 Main Street
Sebastian, FL 32958
Desk 772-228-7013
Cell 772-633-D897 < Best number to reach me
RBaker@cityofsebastian.org
From, ScottBaker
Sent: Wednesday, February 21, 2018 2:04 PM
To: 'front desk'
Subject, Cemetery sand hill clearing
Hank,
I've reached out to FPL requesting removal of the power pole that is situated on top of the hill,
I'll let you know more when I hear back.
Scott Baker
65 of 84
From: Fiici ger, Nancy
Sent: Thursday, February 22, 2018 6:53 PM
To: Hernandez, Jose
Cc: Scott Baker
Subject: RE: FPL Pole 4-9304-5121-0-9: Removal of
Attachments: Cemetery power pole.png
Jose,
Will you please contact Scott Baker regarding his request to get this pole removed?
Thank you,
Nancy
From: Scott Baker [mailto:RBakerfc Qb/ofSebastian.orq]
Sent: Wednesday, February 21, 2018 10:45 AM
To: Flickinger, Nancy
Subject: FPL Pole 4-9304-5121-0-9: Removal of
CAUTION - EXTERNAL EMAIL
Good Morning Nancy,
I'm hoping you can help me either directly or by referring me to the appropriate person in FPL to have a work
order put in to remove an electrical pole iocated at a burned down house.
The location is 12900 US -1 in Sebastian.
The pole (#4-9304-5121-0-9) is located on top of a sand hill where a house once stood. Wires leading to it come
from a pole located on the eastern right of way close to US -1 (see attached photo). The property is scheduled to
be levelled, and we need to have the abandoned pole removed.
Thank you,
Scott Baker
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Environmental 'Review
12900 US Highwav 1
iWi i FtiL)DUL f 1UN
The following environmental review summarizes the results of field survey conducted on the above
referenced site on February 12, 2013. The purpose of the field survey was to asses the vegetative
community, wildlife, wetland and determine the potential presence of any listed species or listed habitat
on the site, which may cause constraints for future development.
Sff E rl..f iAFCAC.1ARISTILS
The project site consists of approximately 1.4 acres, located along the south border of the Sebastian
Municipal Cemetery in Sebastian, Florida. On the south the parcel is bordered by commercial
development and to the east, it is bordered by residential development. A parcel map is attached as
Figure 1. The site was previously occupied by a residence, which was destroyed by fire in 2014. The
foundation of the residence and scattered debris" is all that remains, Which is visioie in the attached sr'ze
Photos.
SOILS
The USDA/NCRS Soil Survey indicates that the entire site consists of St. Lucie Sand. Soils map of the site
is attached as Figure Z. f he toilowing is a general description of the soil as described within the SCIS
survey.
11- St. Lucie Sand, 0 to 5 percent slopes
This soil is generally made up of sandy marine deposits and found on knolls and ridges on marine
terraces. Typical natural communities consist of sandy soils on ridges and dunes of xeric uplands and
airc! Pine Scrub. i�acurai drdinage is excessiviriy ar- me VSf Cri d r�epi�r %v vi�rcer' iauie rrr�ie �fre�i ilii
inches. This soil is non -hydric.
VEGETATION COMMUNITY
Undisturbed. this site w ssld he classified as relic sand diene/ srrob. however: decartE5 of disturbance
from the homestead that resided on the property has resulted in 70% of the property being dominated
by dense invasive vegetation. Along the steep slope that follows the southern border, the vegetation is
dominated by sparse native scrub species, including: Prickly Pear, Scrub Hickory, and Sand Pine. Within
the immediate vicinity of the homestead, the vegetation consists of invasive vegetation which include:
Vinca, multiple species of Kalanchoe, Sansavaria; and non-native bromeliads. The eastern third of the
property is a dense forest dominated by Longleaf and Australian Pine.
WETLANDS AND SURFACE WATERS
There are no wetlands or surface waters present on this site.
PRU i LCI ED SPLUES
An Osprey was observed, perched on a snag at the western edge of the property. However, no nest is
located on the site or its immediate proximity.
As part of the field review of this property, a 75% Gopher Tortoise survey was completed in accordance
with the FWC management guidelines. The Gopher Tortoise is a listed species of Threatened status and
protection measures Tor tr;e Species and its burrow must De TCHowea as pare uF aff aeveiopment
projects. The survey found one abandoned gopher tortoise burrow on site.
There is a documented Florida Scrub Jay nesting site within a half mile from the property, on the
opposite side of USI, behind commercial development. The highly disturbed habitat of this site is not
considered ideal for the Scrub Jay, however, a complete Scrub Jay Survey was conducted in accordance
wi�ii rvv�.tiidi�a�crtaetri�ure.iett�it�. i�vcviu�t�t,.cuf:a+..attu.iay }.rte�cit�.�ruusvit3�rvCu.
Figure I
0
0
ParreR 1)
OhsncrNalne Propert%Addre•
3039210 100(llt}UU_'1;. 1 CITY OF 1 900 US JIMI MAY I SL BAST IAN- FL
70 of 84
Hgure 2
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71 of 84
Site Photos
.� �d�-•: xw-.,��"s° •tet �l
Report prepared by Kimberly Haigler on March 5, ZIDI9 for etre City of Sebastian
72 of 84
)0 C
iVIF. i-it7C..3tet,
Please find attached the grubbing permit and environmental sign -off.
The unsigned road site plan is all we have.
At this point, f think you should request a meeting with Scott Baker.
Jeanette
73 of 84
CITY OF SEBASTIAN, FLORIDA
122x" Mijilz Sh•cct Schasti,ul, EL 32958
f Ph: 772-589-5537 >'aN: 772-559-?,5GG E-IV MI : city�Cit�rotsebs�stian.ark 18"�CO3'9 !
i BUILDING PERMIT �
—T PERMIT INFORMATION LOCATION -INFORMATION
--
Permit # �S-003 33C Issued: 2121120*18 AddFess. 19-2 -N CENTi L PV - -- —�
Permit Type: GRUBBING Sebastian, FL
Class of Work: MISCELLANEOUS Township: Range:
Prnnnsrd !ler (Oi A.AAFRr IAs I i 'fc1 Rt".,ir
Sq. Feet: Est. Value: Book: Page:
I Cost: Total Fees: 50.00 Subdivision:
Amount Paid: 50.00 Date Paid: 1/2412018 _ Parcel-Number: _
CONTRACTOR INFORMATION _ OWNER INFORMATION _
ame: NOME-OWNER j Name: CITY OF SEBASTIAN
Addr: ! Address: 12.25 MAIN ST I
SEBASTIAN, FL 32958-4166
r-Phone: 1_ic: j Phone:
"'1fs�k"besc:TEV=F:OT�E_RTY-Ft EXRANSTO-fq-O€ GEMETERY--
j APPLICATION FEES
RUBBING 5TRU OW OF I
I
Inspections Required
�y FINAL �-
I
f i
—THIS-PERMIT-BECOMES`NUCL-AND VOID IF CONS"FRUCTION AUTRORIZEO-€S-907-COMMEgCED'WiTFft1N—MONTH-FRC F9—
ISSUANCE, OR IF CONSTRUCTION IS SUSPENDED, OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME.
.:, vi ,� ., ..r ,,,�+•., r✓Hr.i _"u Jr^G WI'it+rtliUivJ AMC IfIUL'HlYU i
CORRECT, ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER
SPECIFIED HEREIN OR NOT.
- NOTIft- -
IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT
MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER
i
GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS. STATE AGENCIES. OR FEDERAL AGENCIES.
** ARNMC-7 Tn 0VVNJF:R **
YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN
YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF I
COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE
BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING,
Zj ra`+i rai al i'l� 13ci tJir TVIiK
NOTICES.-F COMM.EtIC.EME.L�iT- j
THIS PERMIT IS APPROVED ON THIS DATE PURSUANT TO THE FLORIDA BUILDING CODE. �- _I - - - - -- 1VAYNI= ESEL-TINE-BUIL GING-OFFICIAL -- - T-
THIS PERMIT SHALL BEA VAILABLE 01V SITE ATALL TIMES. IAISPECTIOIi1S SHALL BE I`
COMPLETED PRIOR TO PERMIT EXPIRATION TO AVOID ADDITIOAfAt, FFF`S- I
74 of 84
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mvN ebastiank, C:ell 772, 33 -7 i
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nr� SeGastian.o
75 of 84
Run: 5102119 4:02PM CITY OF SEBASTIAN, FLORIDA Page: 1
Building Permit Applications
Application Number 180000298
Number
Type Opened
Closed Description
180000298
GRUB 1!22118
LEVEL PROPERTY FOR EXPANSION OF CEMETERY LX Approved
Notes: LML
_ 'Date In
_ Date ni �t
Date Due
— --- -
>�y �t�tus
Rev eW l yRe:
LN6INLtKf N6
[Dept: kNUINEERtNu
1125118
1128/18 2121118
kim APPIRZOVED
1/25118 Natural sand dune,
osprey nest. anima( burrow requires further review, per Lisa Frazier. KJ,
2/2112018
OK.KJ.
Review TVpe-.
CONTRACTOF4 LNG_ICENSI_-.- dept: CONTRAC T GR LICENSfNG '-----____-._
122118
1/2!5/18 1122118
LINDA LOHSL APPROVED
76 of 84
SEBAST IAN DAILY
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HOME > COMMUNITY > Sebastian Bones Found Near
Cernetery Buried For Decades
Near Cemetery Buried For
ara_ as
E)May 30, 2018 & Andy dodges CD Community Q O
Sebastian hones found in lot near cernetem
.,C83HSIi,_Vi—AirieclitCalf exaiifU
details about the bones found near the Sebastian
Cemetery last month.
Feeling lazi
Sick of Places not d
OUR-( RRIJ1,5-
Y.I
SEARCH ...
s ti.
li
1 iiil_ moi-.` i i C 6— GG-pYii - J
Fri_ 4/12 @, 8.30pm - BIai
Spit. 4113 @ 2pm - 8
Sat 4/13 8-.30pm - T
ew
Out 4114 tw -:�prlf
All Acts Are Subject To CPallgc
WHA I tL1t ES iaCJNU ON
IN SEBASTIAN?
77 of 84
' v,�.r
+�.����*'��- .`i`.0. ;�'� ;_.'¢� �,a;�, -- . ��w a _--
{l:d':- -R �: R— �f�.v - 'wi.Le F i.._ r 1T�Y�Y S F -r `,�. 1. n. _ _ _ 4��.5.'
Sebastian hones found in lot near cernetem
.,C83HSIi,_Vi—AirieclitCalf exaiifU
details about the bones found near the Sebastian
Cemetery last month.
Feeling lazi
Sick of Places not d
OUR-( RRIJ1,5-
Y.I
SEARCH ...
s ti.
li
1 iiil_ moi-.` i i C 6— GG-pYii - J
Fri_ 4/12 @, 8.30pm - BIai
Spit. 4113 @ 2pm - 8
Sat 4/13 8-.30pm - T
ew
Out 4114 tw -:�prlf
All Acts Are Subject To CPallgc
WHA I tL1t ES iaCJNU ON
IN SEBASTIAN?
77 of 84
Watch Live Now
Watch Live Coverage - Start Dowdoad
i qday Unilne News urt i
Police recovered hundreds of bone fragments in a
V6C& r,t ivL CJiY v..J.
Authorities say they belong to a man buried in the
lot for many years.
According to Dr. Roger Mittleman, chief medical
examiner, the bones were dry and brittle. Some of
them rru-,heci. nrobabiv from the heave machinery
used by workers to clear the land for a nearby
expansion of the Sebastian Cemetery.
Dr. Mi cierrian suggesLeC: L€le rrunicrri reriraills were
that of a man, "more on the older side than the
younger side," and possibly had been there for
dprAriPC
The bone fragments were discovered by a man
searching the lot with a metal detector. He came
across the sones when an item ser off iris merai
detector, prompting him to further in the sand.
The man then alerted police of his findings.
Construction
project at HALO
on U.S. 'I is for
sewer (hies
0 AG it 16, i
28th Annual
Pelican Cup Golf
Tournament
U April 16, 2019 Q
0
HALO Rescue is
Searching for
Lolita's Forever
Dome
Q April 16, 2019 Q
0
`
Dinner at The
Crab Stop
Seafood Bar &
Grill of
Sebastian
O Aprii 16, 2019 Q
0
—�
Beef '0' Brady's
remodeling
lt' restaurants
®`— near Sebastian,
Florida
O April 16, 2019 Q
0
fi�rr' Sebastian Man
Charged with
efony sexual
Battery
O April 15, 2019 Q
0
Mino 9,11:1
A SUMMARY APPRAISAL OF THE
PROPERTY LOCATED
AT 12900 U.S.#11
IN INDIAN RIVER COUNTY, FLORIDA
FOR THE ESTATE OF PAUL_ RALLIS
APPRAISAL #41907
:..::..�
Armfleld & Wagner
t7Appraisal & Research, Inc.
Vero Beach, Florida
79 of 84
I
24
CENSUS TRACT
The subject is designated as being within Census Tract 508.01, based on Census Tract Map
#061 for Indian River County, Florida, as prepared by the U.S. Department of Commerce for
2000 census data.
SITE DESCRIPTION
The subject site consists of an interior site located along the east side of U.S. #1, just north
of the Sebastian Cemetery, in an enclave of unincorporated Indian River County. The site
has a rectangular shape with 200 feet of frontage along U.S. #1 and about 310 ± feet of
average depth. The north property line dimension is indicated at 298.90 feet and the south
property line at 322.38 feet. The rear property line is 213.03 feet in length. Total site area is
indicated at 62,136 ± square feet, or 1.43 acres, per the Indian River County Property
Appraisers records.
The north portion of the property has an elevated site topography along the sand ridge and
contains an old cabin, which is not estimated to contribute any vaide�rtii6r, there is an old
truck, camper and some outside storage/garbage on the property. The south portion of the
site has a lower topography, more similar to the adjacent Sebastian Cemetery to the south.
The site is wooded and consists of sand ridge topography and vegetation. There may be a
very distant riverview of the Indian River to the east.
Access to the subject property is available from an abandoned driveway that is sloped upward
from U.S. #1. The adjacent property to the north is improved with a medical office building
and there is concrete retaining wall separating the subject property from this property, which
has a lower, level elevation more similar to U.S. #1. Development of the subjectrp ot-enty
would require demolition and removal of the existing cabin and outside storage, along with
leveling the site topography. Thi could provide for some available fill dirt/sand, u most
likely will also require some additional costs.
Access to the subject property is provided by U.S. Highway #1 to the west. U.S. #1 is a
four -lane highway with a landscaped or concrete median. It consists of the principal
north/south commercial arterial in Indian River County and provides access to Brevard County
to the north, as well as to the City of Vero Beach and St. Lucie County to the south. This
arterial roadway provides good commercial exposure to the subject site, although there is a
median which restricts access. This landscaped median along U.S. #1 restricts access to
the subject site, but there are median cuts nearby for both northbound and southbound traffic.
In summary, the subject site consists of an interior site located along the east side of U.S. #1,
just north of the Sebastian Cemetery, in an enclave of unincorporated Indian River County.
The site has 200 feet of frontage along U.S. #1 and about 310 ± feet of average depth. Total
site area is indicated at 62,136 ± square feet, or 1.43 acres. The site may require some
additional clearing and demolition costs, but has adequate frontage, depth, and size for
indepenc�ent use. A county plat map and aerial map are provided on the following pages.
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PROJECT INFORMATION
SITE ADDRESS
GRAPHIC SCALE LEGEND
SITE, PLAN:
SEUA9nAN,RORM3Ma
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(w FEES) QYSRIOCOMCRETE
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PROJECT INFORMATION
SITE ADDRESS
42910'1.314104 f1YA1
SEUA9nAN,RORM3Ma
OWNERTAPPLICANT
CRY OF SESASTIAM
1225 MMN STREET
S 4plAN FLOR1OA3295B
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ZONING LAND USE
PS INSTITUTIONAL
aTINO SITE DATA
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TOTAL UVERVIONS AREA OSE =Dl0#
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P"QPoaeD SITe DATA.
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LCTAAOTR. Sar 9+25
FRONT YARD SETBACK: 30 NA
SIDEYARD SETRACK'.
RESIDENTIAL; HA NA
1IOFLRE50KRTNL' 0 NA
REAR YARD SETRAM 37 W
OPEN SPACE 43%IAwNI two%
MKOING HEIGHT ._ VAX NABUILDING
BUILDING CCVERAGE. .% NA
PLOT DATA
116 %]ZSTA7OAgOPL07CRID EINE+512 6F IE PLOTS PER G1i0.6{ SFPB:PLOT)
TOTAL AREA OF Is ED PLOTS
3193E SF I U SF.4P1 PLOTS
PERMITS REQUIRED
Cm Of SEBASTm(0.S0) MA*R SITE PUN
5lRWMD ENVIRONMENTAL RESOURCES PERMIT 100 EXEMPTION
FW NPOES NOTICE Of INTENT
FLOOD ZONE
THESUILIECTPROp,ERTV IS LOCATED IN FLOOD LONE R PER
FIRODINSURANCE RATE MAP 0120BIC0103 N, DATm DEC.4. TC,Z
WASTEWATER SOURCE
INDAN RRIFI: CDUNIYUTB.FTIFS
POTABLE WATER SOURCE
INDIAN RNER COUNTY UTILITIES
�//``ONS RUCTION SCHEDUI..E
BEGINCONSI�UCTION JANUARY2100
ENDCONS'IRWITON FESRUARY201E
PROJECT DESCRIPTION
LATOUT FOR FENRL RESTING ROTS AND CO%STRUCTON OF SCRiVLC.R.•)AG
STORMIWATER STATEMENT
STLXUNATERA'EL$E AODTE5SW BT THE CITY OFS®TSTlAN t9A RD.fDSXE SVALE.OR
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DESIGNED
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8 _
5 $
MAR11 Rp SEBASTIAN CEMETERY
SITE PLAN ENGINEERING, INC.
DATE
NOVEMBER 2018DRAWN
3-
M401A BOWLES VILLAMQAR dr ASSOCIATES
CA
_
2-
Co
�^����
CONSULTING ENGINEERING 93799
CHECKED
AJB
1 _ _
G` CITY of SEBASTIAN FLORIDA
+vdl w' .r.�a.cri`.ir"n i°.:I'
DATE ISSUED
111fi20te
REVISIONS DATE L
Co
Lyl
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
INVESTIGATIVE REPORT
On 06-13-2418, Special Agent (SA) James Coppola and Resident Agent in Charge (RAC)
Michael Bartus of the Fort Pierce Field Office of the Florida Department of Law Enforcement
(FDLE) met with Damien Gilliams at FDLE's Fort Pierce Field Office. The meeting was in
reference to a complaint that Gilliams had against former and current city officials for the city of
Sebastian in Indian River County, Florida.
Prior to the meeting, SA Coppola had obtained documents from Chief Michelle Morris of the
Sebastian Police Department. The documents had been provided to Chief Morris by Gilliams_
During the meeting Gilliams made accusations that former city of Sebastian Managers Al
Minner and Joe Griffith and current Sebastian Mayor Jim Hill had engaged in illegal activity.
The following is a summary of the meeting that was held with Damien Gilliams
Gilliams stated that At Minner who was the Sebastian City Manager in 2013. Joe Griffith who
was the Sebastian City Manager in 2017, and Jim Hill conspired and conducted "back door
deals" during the purchase and land excavation of property (1.4 acre parcel) that was
purchased by the city of Sebastian in order to expand the city's cemetery.
Gilliams referenced a city council meeting (which was one of the documents that SA Coppola
had received) that was held on 05-22-2013. During the city council meeting, former City
Manager, Al Minner discussed the ridge and the possibility of digging out the sand and selling it
which could bring a significant profit (the selling of the sugar sand that was on the 1.4 acre
parcel). Another council member asked At Minner what was involved in removing and selling
the sand, and would the revenue from that go to the cemetery fund or the general fund. Al
Minner stated that it should and needs to stay in the cemetery fund, that there is no plan laid
out, and the essential bottom line is there were a lot of options, if the 1.4 acre parcel was
purchased. The city of Sebastian purchased the land (1.4 acre parcel) for the expansion of the
cemetery in 2013, for $300,000, and the land had appraised for $375.000.
In 2017, Joe Griffith who was the acting Sebastian City Manager approved the land excavation
for the 1.4 acre parcel that was originally purchased in 2013. The city of Sebastian received
two (2) quotes for the excavation work.
Case Number: OR -48-1033 Serial #: 128
Author: Coppola, James Michael Office: Ft. Pierce
Activity Start Date: 06113/2019 Activity End Date:06/13/2019
Approved By: Bartus, Michael Robert
Description: Damien Gilliams complaint
THIS REPORT 1S INTENDED ONLY FOR THE USE OF THE AGENCY TO WHICH IT WAS
DISSEMINA TED AND MAY CONTAIN INFORMATION THAT IS EITHER PRIVILEGED OR
CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. ITS
CONTENTS ARE NOT TO BE DISTRIBUTED OUTSIDE YOUR AGENCY.
Page :1of2 357720191001095733
Case Number OR -48-1033
IR Number 128
• The first quote was from Henry Fisher and Sons, Inc. The quote stated that Henry Fisher
and Sons, Inc., would perform the land excavation for free with the stipulation that Henry
Fisher and Sons, Inc. retain all fill material generated from the excavation and leveling of
the property in lieu of payment. The quote was dated 03-01-2017.
. The second quote was from Timothy Rose Contracting, Inc. which was for $27,640. The
quote mentioned a credit of $8,550 if the company kept excess fill. The quote was dated
03-02-2017.
Henry Fisher and Sons, Inc. ultimately retained the contract for land excavation.
Gilliams alleged that the deal with Fisher and Sons, Inc., was a "back door deal" because the
sand was valued for much more money which was mentioned during the city council meeting in
2013. Gilliams had also obtained current values of fill per yard. According to Gilliams, based on
the size of the 1.4 acre parcel that was purchased and the amount of sand that Gilliams
believes was on the land (when it was excavated) Fisher and Sons, Inc. received a "kick back"
because Fisher and Sons, Inc. contributed to Joe Griffith's City Manager campaign. Gilliams
also stated that, "nobody did work for free." Gilliams surmised that the above -referenced former
and current city managers also illegally profited from the land excavation deal with Fisher and
Sons, Inc. Gilliams surmised that the quote provided by Timothy Rose Contracting, Inc., was a
cover up. Gilliam could not provide any evidence as to how the quote was a cover up, but
stated that the sand was worth much more money than $8,550. Therefore, the quote from
Timothy Rose Contracting, Inc. was a cover up because Fisher and Sons, Inc., was going to get
the deal because of the connection with Joe Griffith.
Land excavation began in 2018 under the current Sebastian City Manager Paul Carlisle
During the land excavation, Gilliams surmised that proper permits were not pulled for the land
excavation. According to Gilliams, because the proper permits were not obtained, Gilliams
believes that the land was excavated in secret so city of Sebastian residents were not aware of
deal that was made with Fisher and Sons, Inc., which Gilliams believes shows criminal doing on
the part of city of Sebastian officials.
It should be noted that Gilliam provided documents which included email correspondence by
city officials discussing obtaining permits regarding the land excavation.
It should also be noted that SA Coppola and RAC Bartus repeatedly asked Gilliams if he had
evidence such as a witness, email correspondence indicating illegal activity, or any statements
that were made to him by someone indicting that a crime had occurred and could substantiate
his accusations. Gilliams responded by saying all of the evidence was in the documents he had
provided, which are available to the public.
At this time, there is insufficient evidence in order to open a criminal investigation into the
allegations that Gilliams has made against former and current Sebastian City Managers and
Mayor Al Minner, Joe Griffith, and Jim Hill.
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