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SEBASTIA
HOME Of PELICAN ISLAND
SEBASTIAN CITY COUNCIL REGULAR MEETING
MINUTES
WEDNESDAY, APRIL 14, 2021 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1226 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Dodd called the Regular City Council meeting to order at 6:00 p.m.
2. A moment of silence was held.
3. Vice Mayor Hill led the Pledge of Allegiance.
4. ROLL CALL
Mayor Ed Dodd
Vice Mayor Jim Hill
Council Member Fred Jones
Council Member Bob McPartlan
Council Member Chris Nunn
Staff Present:
City Manager Paul Carlisle
City Attorney Manny Anon, Jr.
City Clerk Jeanette Williams
Community Development Manager Dorn Bosworth
Environmental Planner Kimberly Haigler
Building Official/Fire Marshal Wayne Eseltine
Public Facilities Manager/Airport Director Scott Baker
Chief Dan Acosta
Deputy Police Chief Greg Witt
Police Officer Robert Vafiades
5. AGENDA MODIFICATIONS — None
6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS
21.054 A. Proclamation — National Public Safetv Telecommunicators' Week — ADO 11-17.
2021
Mayor Dodd read and presented the proclamation to Sebastian Communication
Technicians, Brittany Lutz and Roxanne Huben.
21.055 B. Proclamation — National Volunteer Week — April 18-24. 2021
Mayor Dodd read and presented the proclamation to Community Policing Volunteer
Captain Pieter Ketelaar and Lieutenant Robert Mastrandrea.
Regular City Council Meeting
April 14, 2021
Page 2
21.056 C. Announcement - Council Member Fred Jones Comq'eted Florida Leacue of
Cities Universitv Online Orientation for Newiv Elected Officials
Mayor Dodd congratulated Council Member Jones for completing the newly elected
official's course and presented a certificate to him.
Mayor Dodd also congratulated Barbara Brooke -Reese, MIS Manager, who has
graduated from the Florida Institute of Government's Certified Public Technology
Manager Program. He noted she deserves much kudos given that she has felt the brunt
of the changes to electronic technology during the last year.
Brief Announcements:
• Monday, April 19 - FDOT Public Workshop on the Proposed Roundabout at the CR510166th Ave
Intersection in Council Chambers - 5:30pm
• Saturday, April 24 - Earth Day Celebration at Riverview Park - 9am - 4pm
• Tuesday, April 27 - Charter Review Committee's 2"tl Public Hearing in Council Chambers - 6pm
Mayor Dodd announced the upcoming FDOT workshop would be held to discuss the
widening of CR510 and proposed roundabout. He also said the Earth Day celebration
will be a great event for the kids; and the public's last chance to talk to the Charter
Review Committee would be April 27.
7. PUBLIC INPUT
Steve Lucier, Toledo Street, thanked the Public Works Department for all of the City's
ditch maintenance. He said people are starting again with the misinformation regarding
glyphosate which bothers him, if they can't tell the truth, they shouldn't make statements.
8. CONSENT AGENDA
A. Approval of Minutes - March 24, 2021 Regular City Council Meeting
21.057 B. Resolution No. R-21-08 -Abandonment of Rear Yard Easement, 133 Nebraska
Circle (Transmittal, R-21-08, Map, Report, Approvals, Application)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 9, BLOCK 447,
SEBASTIAN HIGHLANDS UNIT 17, PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS;
PROVIDING FOR EFFECTIVE DATE.
21.058 C. Approve Road Closure and the Use of the Community Center for HALO's 5K
"Chase Your Tail" Event on April 24, 2021 (Transmittal, Application, Receipt,
Insurance)
21.059 D. Consider Request from Sebastian River Junior Women's Club and the Pelican
Island Conservation Society to Sell Alcohol at the Arbor Day and Earth Day
Celebration in Riverview Park on April 24, 2021 from 9:00 a.m. to 4:00 p.m.
(Transmittal)
Regular City Council Meeting
April 14, 2021
Page 3
21.060 E. Approve Alcoholic Beverages at the Community Center for the Perez Family
Event on May 15, 2021 from 6:00 pm to 10:00 pm - DOB Verified (Transmittal,
Application, Receipt)
Mayor Dodd asked to pull Item #D.
MOTION by Council Member McPartlan and SECOND by Council Member Nunn to
approved Consent Agenda Items A, B, C and E passed with a unanimous voice vote.
(5-0)
Item D
Mayor Dodd said he remembered a year or two ago when the subject of serving alcohol
at the Earth Day event was discussed, there were members of the Natural Resources
Board not in favor of this because it was more of a kid celebration than adult celebration.
He asked if the current Board discussed this.
The Environmental Planner explained that previously, the Board wanted to ask a vendor
to come to sell the alcohol and this year, Pareidolia Brewing Company approached the
Board to donate the beer proceeds to an organization. The Board chose the Pelican
Island Conservation Society since they were unable to hold the wildlife festival this year.
The Board then invited the other local brewery, Mash Monkey Brewing Company to
participate.
MOTION by Mayor Dodd and SECOND by Vice Mayor Hill to approve Item D passed
with a unanimous voice vote. (5-0)
9. COMMITTEE REPORTS & APPOINTMENTS
10. PUBLIC HEARINGS - None
11. UNFINISHED BUSINESS
21.061 A. Approve Desipn Build Guaranteed Maximum Price JGMPI Work Services
A)lreement with Ahrens Enterprises Inc. dba Ahrens Companies, 2nd Ranked
Firm of RFO 19-04 DesigQn Build of �langar "D" at Sebastian Municipal Airport in
the Amount of $1.964.0.00 (Transmittal, Proposal)
The City Manager reviewed that negotiations for the design/build of Hangar D started
almost two years ago with an award to Johnson Laux Construction but it wasn't
successful so staff ceased negotiations and moved to Ahrens Enterprises who went to
work right away to get within budget for a complete project. He asked Council to approve
the design/build agreement.
Vice Mayor Hill congratulated staff for the outstanding work and injecting money into our
economy.
MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to approve the
design build guaranteed maximum price work services agreement with Ahrens
Enterprises for Hangar D at the Airport.
Regular City Council Meeting
April 14, 2021
Page 4
There was no public input.
Council Member Jones asked if the estimated $85,000 income to the City included the
office space, or hangar, or both. The City Manager said that was based on the square
footage of the current design. Council Member Jones asked that the references to
"county" be changed to "city' on pages 47 and 48.
Roll call: Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Hill - aye
Motion carried. 5-0
12. NEW BUSINESS
21.062 A. First Readina Ordinance No. 0-21-03 — Proppsed Land Development Code
Amendment in Repards to Mobile Food Establishments and Criteria for
Temporary Uses — Set Public Hearina for Mav 12. 2021 (Transmittal. 0-21-03.,
F.S. 9.1 2)
6:23 pro
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND
DEVELOPMENT CODE SECTION 54-5-22.2, DEFINITION OF TERMS BY CREATING
A DEFINITION FOR MOBILE FOOD ESTABLISHMENTS, AMENDING LAND
DEVELOPMENT CODE SECTIONS 54-2-3.2, 3.3, AND 3.4 RELATING TO THE
PROCEDURES AND CRITERIA FOR REVIEW OF TEMPORARY USES, AND
INITIATING LAND DEVELOPMENT CODE SECTION 54-2-3.6 WHICH INSTATES
PROCEDURES AND CRITERIA FOR MOBILE FOOD ESTABLISHMENTS; PROVING
FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR
AN EFFECTIVE DATE.
The City Attorney read the title of Ordinance No. 0-21-03. Mayor Dodd said the State
has preempted what municipalities can do to regulate food trucks and this ordinance will
bring the City's code up to the state requirements.
The City Manager noted the title will be changed to read "providing for severability" as
opposed to "proving for severability" during the second reading.
Mayor Dodd said on page 3, it was noted that an operator may need to obtain a
business tax receipt. The City Manager explained if the owner takes the wheels off the
truck and it is no longer mobile, the owner may then need to obtain a business tax
license.
The Community Development Manager explained that if an owner had two or three
trucks and they took catering phone calls from their house, they would then need a
business tax license for the home business; but the owner of an individual food truck
would not.
Regular City Council Meeting
April 14, 2021
Page 5
6:33 pm
Vice Mayor Hill said he appreciated the way the ordinance was written because it
protects the local businesses as the trucks will not be allowed on City property to be in
competition with local businesses unless it is during a special event. The City Manager
added that one or two trucks could be on private property for events such as the church
bazaar or a sanctioned event.
Council Member Nunn said while it is important to protect the local businesses, he noted
many of food trucks are local residents trying to survive using their trucks and the
ordinance will give them an opportunity to earn a living on local property.
Council Member Jones said on page 71, section (2) he noted the line, "Cooking under
temporary structures in prohibited ... ," should say, "is prohibited unless approved by
the City of Sebastian Fire Marshal .. "
MOTION by Vice Mayor Hill and SECOND by Council Member Jones to pass Ordinance
No. 0-21-03 on first reading with the title correction and set the public hearing for May
12, 2021.
Derek Gerry, 920 US Highway 1, Mash Monkeys Brewing Company expressed his
support and appreciation for allowing this to go through.
The motion passed with a unanimous voice vote. (5-0)
21.063 B. First Readina Ordinance No. 0-21-04 - Amendina City Code Chapter 46 -
Floods -Set Public Hearing for Mav 12.2021 (Transmittal. 0-21-04)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE
OF ORDINANCES CHAPTER 46 FLOODS TO AMEND DIVISION 1 - GENERALLY; TO
ADD DIVISION 2 - DEFINITIONS FOR ACCESSORY STRUCTURE, AND MARKET
VALUE; TO DELETE DIVISION 2 - DEFINITION FOR MANUFACTURED HOME PARK;
TO PROVIDE FOR ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS;
SPECIFY ELEVATION OF MANUFACTURED HOMES IN FLOOD HAZARD AREAS;
PROVIDING FOR APPLICABILITY AND SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S
ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
6:39 pm The City Attorney read the title to Ordinance No. 0-21-04. The City Manager said this is
one of two ordinances that have been required to be updated because of Florida
Building Code and FEMA changes
MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to pass
Ordinance No. 0-21-04 on first reading and set the public hearing for May 12, 2021.
Mayor Dodd cited the definition of market value on page 83, "The market value is the
actual cash value (like -kind replacement cost depreciated for age, wear and tear,
neglect, and quality of construction) ... and noted the mode in Tallahassee right now is
to have insurance companies reimburse you for the depreciated value instead of the
replacement cost and he asked if that term "replacement cost depreciated" was from
something the City received.
6:40 pm
Regular City Council Meeting
April 14, 2021
Page 6
The Building Official explained, market value comes into play when you are trying to
determine substantial improvement. For example, if a house is flood damaged after a
hurricane, one option is to determine property value by using market value from a
property appraiser, which is the cost to build the structure new minus depreciation based
on age. This is for when the building is more than fifty percent damaged.
Mayor Dodd said that is what is happening in Tallahassee right now; however, the
Building Official said he didn't think this was related to insurance.
Roll call: Council Member Nunn
- aye
Mayor Dodd
- aye
Vice Mayor Hill
- aye
Council Member Jones
-aye
Council Member McPartlan
- aye
Motion carried. 5-0
The motion passed with a unanimous voice vote. (5-0)
21.064 C. First Readina Ordinance No. 0-21-05 — Amendinq Chapter 26 Buildings and
Buildina Regulations — Set Public Hearing for Mav 12, 2021 (Transmittal. 0-21-
05, Admin Model Code)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY OF
SEBASTIAN CODE OF ORDINANCE CHAPTER 26 BUILDINGS AND BUILDING
REGULATIONS; AMENDING ARTICLE II. — BUILDING CODE SECTION 26-31:
TECHNICAL CODES ADOPTED; AMENDING ARTICLE Vt.-CONTRACTORS DIVISION
I. -GENERALLY SECTION 26-168: RENEWAL OF CERTIFICATE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE
DATE.
The City Attorney read the title to Ordinance No. 0-21-05.
MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to pass
Ordinance No. 0-21-05 and set the public hearing for May 12, 2021.
Mayor Dodd asked if the item C, on page 91, modifies the fact that if someone is doing a
remodel for only 10% of their building, they won't have to bring the rest of the building up
to the current code. The Building Official said that was correct, only the new work would
have to conform to the current code.
MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to pass
Ordinance No. 0-21-05 on first reading and set the public hearing for May 12, 2021.
The motion passed with a unanimous voice vote. (5-0)
21.065 D. Aoprove the Purchase and Five Year Service Aoreement for the Sebastian
Police De. artment's Bodv Wom and In -Car Cameras in the Amount of
S392.915%(Transmittal. Quote)
Regular City Council Meeting
April 14, 2021
Page 7
The City Manager said this was to bring the Police Department's body and vehicle
cameras up to compliance; the chosen company provided the most responsive reply; the
cost would be paid over the next five years with discretionary sales tax; and the City
would set the parameters to trigger the camera recording.
MOTION by Vice Mayor Hill and SECOND by Council Member Jones to approve the
purchase and five year service agreement for body worn and in car camera in the
amount of $393.915.
Roll call: Vice Mayor Hill - aye
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd -aye
Motion carried. 5-0
13. CITY ATTORNEY MATTERS
The City Attorney reported the Charter Review Committee will be before Council in May
with eight recommendations.
14. CITY MANAGER MATTERS
The City Manager reported that FPL is requesting a significant rate increase and he
suggested the public might want to speak up at the upcoming Public Service
Commission hearings during the summer.
Council Member Nunn said Bowman Consulting was at the Chamber today to talk about
underground utilities which will also be expensive.
15. CITY CLERK MATTERS - None
16. CITY COUNCIL MATTERS
A. Mayor Dodd
Mayor Dodd said he appreciated the comments made by Mr. Lucier with regard to the
erroneous social media posts and noted that he offered to meet with the misleading
individual to talk about misinformation but he was tumed down.
He said it is important for citizens to understand that there's not anything nefarious going
on the Council, nobody is making money; every decision being made is made by people
who care about the City. He said he is more than willing to sit down with anyone who
would like to talk about some of these things. He asked the public not to listen to the
naysayers and invited the public to contact any one of them.
B. Vice Mavor Hill
Regular City Council Meeting
April 14, 2021
Page 8
Vice Mayor Hill said the Indian River School District is discussing the discontinuation of
mask wearing and asked the City Manager when he thought City Hall and other facilities
could get back to normal.
The City Manager said he planned to allow staff to attend conferences again in June,
and was thinking about relaxing the mask wearing, and outdoor seating during public
meetings by the end of May.
Vice Mayor Hill recapped that by the end of May, barring some unforeseen
circumstance, people will be able to come to Council meetings without masks and
temperature checks. The City Manager concurred.
C. Council Member Jones
Council Member Jones asked when the last time a competitive salary rate was done for
the City's employees. The City Manager said just this last week, he met with the Human
Resources Manager and they have decided to do a citywide Class and Compensation
Study to see if anything needs to be adjusted.
D. Council Member McPartlan
Council Member McPartlan said at the last Planning and Zoning Commission meeting,
the Commissioners brought forth engineering concerns and he asked if staff was looking
into their suggestions and concerns. The City Manager responded that prior to the
meeting, the plan was vetted by the City's Community Development Department and
Engineering Department, the contracted engineer and an independent engineering
consultant to make sure it is cost effective, efficient and functioning. He said while he
had not been directly asked the questions, the concerns regarding the recycling of the
car wash water was not feasible and underdrains always present challenges.
Council Member McPartlan asked the City Manager to go into depth about the
Fisherman's Landing parking areas. The City Manager explained the City is in a lease
agreement with Fisherman's Landing whereby they have the right for the entire parking
section of the dock and a row of parking on the south side across the street to keep the
public safe and separated when the fishermen loadlunload the fish.
Council Member McPartlan invited the public to see the awesome Word War II soldier
Charlie Sembler has constructed at the Sembler property next to Fishermen's Landing.
E. Council Member Nunn
Council Member Nunn said he was glad that Mayor Dodd gave the misleading social
media participant an opportunity to have a factual discussion.
He thanked staff for the organized meetings and reminded the public that they are only a
month from hurricane season and suggested everyone should prepare now and trim
their trees, gather supplies and not wait till the last minute.
17. Being no further business, Mayor Dodd adjourned the regular City Council meeting at 7:08 pm
Regular City Council Meeting
April 14, 2021
Page 9
Approved at the April 28, 2021 Regular City Council meeting.
major
ATTEST.'
anette Williams, MMC� City Clerk _