HomeMy WebLinkAbout06-23-2021 CC Agendagill �'1
SO
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL REGULAR MEETING
AGENDA
WEDNESDAY, JUNE 23, 2021 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK
OR ON THE CITY'S WEBSITE
1. CALL TO ORDER
2. MOMENT OF SILENCE
3. PLEDGE OF ALLEGIANCE - Led by Council Member Nunn
4. ROLL CALL
5. AGENDA MODIFICATIONS
Modifications for additions require a unanimous vote of City Council
6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council
and Staff. No public input or actions under this heading.
A. Certificate of Appreciation to David Reyes, Planning & Zoning Commission
Service
B. Certificates of Appreciation to Charter Review Committee Members
pgs 8-29 C. Presentation by Michael Fetto, Manager, Florida Power and Light -
Storm Secure Underground Program (Transmittal, PPT)
pgs 30-43 D. Presentation by Lisa Frazier, Community Development Director -
Fisherman's Landing - Working Waterfront (PPT)
Brief Announcements:
July 3ra — Freedom Festival — Parade at 8:30 am — Vendors & Food in Riverview Park all day -
Fireworks over Lagoon at 9 pm
7. 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 materials 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.
1 of 198
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 of 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 44-50 A. Approval of Minutes — May 26, 2021 Regular City Council Meeting
pgs 51-60 B. Approval of Minutes — June 9, 2021 Regular City Council Meeting
pgs 61-75 C. Resolution No. R-21-09 — Parking -In -Lieu Purchase Program for 807 Indian River
Drive (Transmittal, R-21-09, Request, Code Sec. 54-3-15.4(a)(5)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING
PARTICIPATION FOR PROPERTY OWNERS, JOSEPH P. AND MARTHA S.
GRAHAM, IN THE PARKING -IN -LIEU PURCHASE PROGRAM, LIEN AGREEMENT
AND COVENANT RUNNING WITH THE LAND, FOR PROPERTY LOCATED AT 807
INDIAN RIVER DRIVE, SEBASTIAN, FLORIDA; PROVIDING FOR CONFLICTS,
SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
pgs 76-80 D. Approval of Emergency Replacement of Swing Gear/Swing Motor and Hydraulic
Hoses to Final Drive on Bobcat Excavator from Smith Brothers Bobcat of Ft.
Pierce in the Amount of $17,612.00 (Transmittal, Quote, Sole Source
Determination)
pgs 81-90 E. Approve 2021/2022 Sebastian River Art Club Show Dates at Riverview Park
(Transmittal, Application, Cert. of Ins., Tax Exemption)
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.
10. PUBLIC HEARINGS
Procedures for legislative public hearings:
A Mayor opens hearing
i Attorney reads ordinance title
i Staff presentation
A Mayor closes hearing
i Council deliberation and action
pgs 91-108 A. Presentation by Corbett Aldav, Guardian Resource Manaqement, CDBG
Administrative Services Consultant
Resolution No. R-21-10 - Community Development Block Grant (CDBG) Annual
Action Plan for FY 2021/2022 (Transmittal, R-21-10, Annual Action Plan (FY
2021\2022). Public Notice. HUD Award Letter, PPT Point Presentation)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2021/2022 ANNUAL
ACTION PLAN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND
TRANSMIT ALL DOCUMENTS TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR
SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE.
2 of 198
pgs 109-153 B. Second Readina & Public Hearing of Ordinance No. 0-21-01 — Adoption of the
Proposed Comprehensive Plan 2040 (Transmittal, 0-21-01, DEO ORC Report &
Proposed Response) (Comprehensive Plan 2040 is available at
httDs://www.citvofsebastian.oralDocumentCenterNiew/1307/Sebastian-
CombinedPlan FINAL 06152021?bidld=
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY OF
SEBASTIAN COMPREHENSIVE PLAN IN ITS ENTIRETY, EXCLUDING THE
ECONOMIC DEVELOPMENT ELEMENT, PURSUANT TO 163.3184 (3), FLORIDA
STATUTES; PROVIDING FOR ADOPTION OF THE CITY OF SEBASTIAN
COMPREHENSIVE PLAN 2040, INCLUDING AMENDMENTS TO THE LAND USE
ELEMENT AND THE FUTURE LAND USE MAP, THE TRANSPORTATION & MOBILITY
ELEMENT, THE HOUSING ELEMENT, THE INFRASTRUCTURE ELEMENT, THE
CONSERVATION & COASTAL MANAGEMENT ELEMENT, THE PARKS,
RECREATION, & OPEN SPACE ELEMENT, THE GOVERNANCE &
IMPLEMENTATION ELEMENT, AND THE PUBLIC SCHOOLS ELEMENT; INCLUSIVE
OF ALL ASSOCIATED TABLES, EXHIBITS AND MAPS; AUTHORIZING FINDINGS
AND ADMINISTRATIVE ACTIONS; PROVIDING FOR TRANSMITTAL; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES
INCONSISTENT WITH THIS ORDINANCE; PROVIDING FOR SCRIVENER'S ERRORS, -
AND PROVIDING FOR EFFECTIVE DATE. (PJ Ad 6/13/2021)
pgs 154-159 C. Second Readinq & Public Hearinq of Ordinance No. 0-21-06 — Charter
Amendment — Amending Sec. 1.02(4) Public Utilities (City Attorney Transmittal
for Eight Ordinances)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN,
THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 1.02 (4) OF THE CITY
CHARTER, RELATING TO INCLUDE BUT NOT LIMITED TO ELECTRONIC
COMMUNICATION SERVICES AS A PUBLIC SERVICE, PROVIDING BALLOT
LANGUAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
pgs 160-163 D. Second Readina & Public Hearina of Ordinance No. 0-21-07 — Charter
Amendment — Amendina Sec. 2.02 Eligibility
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN,
THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 2.02 OF THE CITY
CHARTER, RELATING TO INCLUDE THE PROVISION THAT ONCE ELECTED OR
APPOINTED, A COUNCIL MEMBER MUST MAINTAIN CONTINUOUS PHYSICAL
RESIDENCY AND VOTER REGISTRATION IN THE CITY OF SEBASTIAN
THROUGHOUT THEIR TERM OF OFFICE; PROVIDING BALLOT LANGUAGE; AND
PROVIDING FOR AN EFFECTIVE DATE.
3 of 198
pgs 164-167 E. Second Readina & Public Hearina of Ordinance No. 0-21-08 — Charter
Amendment — Amendina Sec. 2.06(b) Mavor & (c) Vice Mavor
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN,
THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 2.06 (B) MAYOR -
DUTIES, GENERAL OF THE CITY CHARTER TO GIVE THE MAYOR THE POWER TO
DECLARE A STATE OF LOCAL EMERGENCY; AMEND SECTION 2.06 (C) VICE
MAYOR -SELECTION AND TERM TO REMOVE THE LANGUAGE STATING THE TERM
OF THE VICE MAYOR SHALL BE FOR ONE YEAR OR UNTIL HIS OR HER
SUCCESSOR IS ELECTED; PROVIDING BALLOT LANGUAGE; AND PROVIDING FOR
AN EFFECTIVE DATE.
pgs 168-172 F. Second Readina & Public Hearinq of Ordinance No. 0-21-09 — Charter
Amendment — Amendinq Sec. 2.08(c)(d)(e)(f) Vacancies, Forfeiture of Office;
Fillina of Vacancies
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN,
THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 2.08 (A) VACANCIES
OF THE CITY CHARTER TO ADD SUSPENSION; ADD 2.08 (C) SUSPENSION FROM
OFFICE TO INCLUDE THE SUSPENSION OF A COUNCIL MEMBER IF ARRESTED
FOR A FELONY OR MISDEMEANOR RELATED TO THE DUTIES OF OFFICE; ADD
2.08 (D) SPECIAL HEARING TO INCLUDE WHEN CITY COUNCIL WILL HOLD A
SPECIAL HEARING TO REMOVE OR SUSPEND A COUNCIL MEMBER OR MAYOR;
ADD TO SECTION 2.08 (E) (2) AND (3) FILLING VACANCIES THAT CITY COUNCIL
CAN REVOKE AND RESTORE SUSPENDED COUNCIL MEMBER OR MAYOR WHO
IS ACQUITTED OR FOUND NOT GUILTY; CHANGE SECTION (D) TO (F); PROVIDING
BALLOT LANGUAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
pgs 173-175 G. Second Readina & Public Hearing of Ordinance No. 0-21-10 — Charter
Amendment — Amendina Sec. 2.12(a) Procedure
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN,
THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 2.12-PROCEDURE (A)
MEETING OF THE CITY CHARTER TO LIMIT A SPECIAL MEETING TO ONE (1)
TOPIC AND REQUIRE REASONABLE NOTICE; PROVIDING BALLOT LANGUAGE;
AND PROVIDING FOR AN EFFECTIVE DATE.
pgs 176-178 H. Second Readina & Public Hearinq of Ordinance No. 0-21-11 — Charter
Amendment — Amendina Sec. 4.02(b) Adoption of State Election Laws
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN,
THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 4.02 (B) - FILING OF
CANDIDATE'S OATH; FEE OF THE CITY CHARTER TO CHANGE THE DAYS A
CANDIDATE HAS TO QUALIFY FOR ELECTION TO AT LEAST EIGHTY-ONE (81)
DAYS, BUT NO MORE THAN NINETY-SIX (96) DAYS, PRIOR TO THE DAY OF THE
ELECTION, PROVIDING BALLOT LANGUAGE; AND PROVIDING FOR AN EFFECTIVE
DATE.
4 of 198
pgs 179-181 I. Second Readina & Public Hearina of Ordinance No. 0-21-12 — Charter
Amendment — Amendina Sec. 4.12 Election Procedures: Tie Vote
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN,
THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 4.12 (B) — ELECTION
PROCEDURES; TIE VOTE TO INCLUDE THE LANGUAGE FOR THE OUTCOME OF A
TIE VOTE SHALL BE IN ACCORDANCE WITH FLORIDA LAW; PROVIDING BALLOT
LANGUAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
pgs 182-185 J. Second Readina & Public Hearina of Ordinance No. 0-21-13 — Charter
Amendment — Amendina Sec. 4.14 Interim Government
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN,
THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 4.14 - INTERIM
GOVERNMENT OF THE CITY CHARTER TO CLARIFY WHAT TO DO WHEN THERE
IS NOT A MAJORITY OF CITY COUNCIL AVAILABLE TO SERVE AND TAKE ACTION
EITHER THROUGH DEATH, RESIGNATION, SUSPENSION OR REMOVAL FROM
OFFICE; PROVIDING BALLOT LANGUAGE; AND PROVIDING FOR AN EFFECTIVE
DATE.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
pgs 186-192 A. Approve Wright Construction Group CSA #1 in the Amount of $40,573.00 for the
Design and Engineering of the Sebastian Municipal Airport West Side Sewer
Utility Infrastructure (Transmittal, CSA #1, Scope & Fee)
pgs 193-196 B. Florida Leaaue of Cities Items (Transmittal. FLC Info)
Appoint Council Delegate to FLC Annual Conference Business Meeting
Consider Resolutions to be Submitted to FLC
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
pgs 197-198 A. Charter Officer Goal Setting and Evaluations in Accordance with Resolution No. R-21-04
B. Mayor Dodd
i. Consider Letter to Governor Requesting Veto of HB403 — Home -Based Businesses
C. Vice Mayor Hill
D. Council Member Jones
E. Council Member McPartlan
F. Council Member Nunn
5 of 198
17. AN0U RN (All meetings shall adjourn at 9:30 pm unless extended for up to one half hour by a majority
vote of City Council)
NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE
FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THEAPPEAL IS TO BE HEARD. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO
NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S
SEATING ADA COORDINATOR AT 388-8226 —ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL
GOVERNMENT MEETINGS.
ZOOM INFORMATION
Please click the link below to join the webinar: https://us02web.zoom.us/j/86501952811
Or One tap mobile: US: +19294362866„86501952811# or +13017158592„86501952811#
Or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 929 436 2866 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 6833 or
+1 253 215 8782 or +1 346 248 7799
Webinar ID: 865 0195 2811
International numbers available: https://us02web.zoom.us/u/kdRTaXxvBn
Upcoming Council Meeting Dates:
July 14, 2021 — 6:00 pm
July 28, 2021 — 6:00 pm
Tuesday, August 10, 2021 — 6 pm
August 25, 2021 — 6 pm
6 of 198
PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-20-34
Regular Citv Council Meetinqs
Public input is ALLOWED under the heading:
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, providing, 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.
Appealina Decisions of Chair
Any member of Council may appeal the decision of the Chair to the entire Council. A majority
vote of City Council shall overrule any decision of the Chair.
Public Input Heading on A eg nda
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 be consensus direct a Charter Officer in regard to the item if
necessary or place a requested item on a future agenda.
7 of 198
Ln Of
SEAT-V
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetinq Date: June 23, 2021
Agenda Item Title: Florida Power and Light electrical undergrounding presentation
Recommendation: N/A
Background: Florida Power and Light is in the process of planning and
acquiring easements for placing the electric lines underground in the City. This is park of their
"hardening" process to reduce the amount of power outages during a storm event. The
presentation was requested to inform City Council and the residents of Sebastian regarding the
process and the importance of this project.
If Aqenda Item Requires Expenditure of Funds: $0
Attachments:
1. Presentation documents
Administrative Services Department Review: NIA
City Attorney Review: NIA
Procurement Division Review, if applicable: NIA
City Manager uth rization: /! //
Date:
W
0
00
FUNDING:
• Sebastian Waterfront
Collaborative secured
funding from the Stan
Mayfield Working
Waterfront Program
administered through
the Florida
Communities Trust
(FCT).
• Match was provided
with CRA funds to
purchase and
redevelop property.
• Florida Inland
Navigation District
(FIND) has provided
funding for the
revitalization of the
property.
iT 11
H*%41 CIF PUKAN RSLAA0
CITY OF SEBASTIAN
WORKING WATERFRONT COLLABORATIVE
MANAGEMENT PLAN
STAN MAYFIELD WORKING
WATERFRONT PROGRAM
08-003-WW1
The Management
Plan provides
conditions by which
the City will meet the
requirements
outlined within the
Jvrw2010 enabling documents
UpdateaAugusl2012
z— Uwate ADN 2013
from F CT: Stan
Mayfield Working
Waterfront Grant
Contract, 2009; and
the Declaration of
Restrictive
Covenants, 2010.
The Project Site shall be managed only for the conservation,
protection and enhancement of working waterfronts along with
other related uses necessary for the accomplishment of this
purpose specifically designated in the Management Plan
approved by FCT. (Declaration of Restrictive Covenants, 2010)
Management Objectives for the Site:
Management objectives for the Waterfront Collaborative shall be:
1) Protect and promote commercial fishing by providing dockage for licensed
commercial fishing vessels.
2) Protect commercial fishing by providing an area for the packing/shipping of
freshly caught seafood and aquaculture products.
3) Rebuild the historic fish house which will once again serve the area with
seafoodlaquaculture unloading and packing facilities.
4) Provide information to day trippers, residents and local school districts (via field
W trips) on the history of Sebastian's working waterfront.
N
0 5) Showcase local seafood at the fish market/eatery. DRC\OM3-WW
6/11/2010
C.0 Ilk
00-----
W
W
0
00
Proposed WW Facility Uses
Retail Fish Market and Eatery - Promotion of the Florida seafood industry by offering
seafood, a4 uaculture and limited food service at the 1540 Indian River Drive
location.
➢ Museum — Interactive and static displays showing Sebastian's fishing heritage at the
1540 Indian River Drive location.
➢ Assembly Area — The 1540 Indian River Drive facility will also host community
semina
meeting areas for various educational and cookie augment capitalrs and recurring expenses
➢ Special Events —Fundraising activities that�rcial fishing operations.
that are required to directly benefit Florida
➢ Interpretive Kiosks — Interactive signage throughout -the working waterfront.nlms from
➢ Touch Pools - "Wet" Exhibits displaying clam raceways, showing
seedling size to various stages of development.
➢ Ice Depot — Provision of ice for commercial fishing.
➢ Smoke House — On site retro-style seafood cooking �mmercial fisherman.
➢ Dock — Commercial dockage available for lease t
➢ Fish House — Rebuild the historic above water" fish house structure. the transport of
"Retro" Rail System — install railroad and push carsystem
materials and product throughout the facilities.through the
➢ Boardwalk - Expansion of the docks from the Sembler property u9
Dabrowski site and to Hurricane Harbor.
➢ A4 uacutture — Operation of clam cultivation chambers and other marine organisms
for commercial and educational purposes.
ce is available, making small leases available to
Micro Business Incubator — As spa
businesses that have a direct link/benefit to Florida commercial fishing.
W
0
00
*FCT Annual Revenue and Activity Report
*Any alterations from the Management Plan requires FCT
approval
*FCT Post Completion compliance requires developed in
accordance with Management Plan
Once the project is fully developed, the project may be eligible
for a five-year reporting cycle.
1. Must be requested by recipient in writing
2. Statement of Completion
3. Updated Management Plan
• As -built master site plan
• Revise all Text - Completed or Ongoing
4. Photographs of all site improvements and restoration activities.
• Hurricane Harbor is listed on the state registry of historic
places, not a historic structure.
• 105 parking spaces on west side with handicap parking north
of building
• Facility to host demonstrations and educational events about
commercial fishing history and trades
• The fish market/eatery will provide limited food service of
Florida seafood
r�. One of the existing buildings on the project site will be used as a Working waterfront
building and the other as an educational site highlighting the cultural and historic heritage of
Florida's traditional Working Waterfronts.
6. Permanent structured displays of artifacts and other items shall be provided that provides
information about the economic, cultural or historic heritage of Florida's traditionai Working
Waterfronts.
0 7. Interpretive kiosk or signs shall be provided that educate the public about the economic,
o cultural, or llistonc heritage of Florida's traditional Working Waterfronts.
CCo
M
co
b'
o
list 010 Doe
wkA
k..tsscutnos"b � ji Ana
ss ,ank SA iuIpU.%O sod
'�P s .gvtst �e S,aq`u ss�` SO
.i�
UW u S C vat' ys ;a a� e
! U .
�ssPs°0'Pus ��s� i� � '��' Ua SP Pu'e sy$ s�
S° sass, JS�',yPOp 6v� es1 Sv� �ysA tt t, So e
�'A ��o U �d � ,� % 10v° l�o v$tpvt a o1
6vtP"e°��os sssl 1a sell s e$gse4aS p SantZ! �Asss S
pva v,�PW Z�5 ooAsss tq S -, i,e sW .sSW!t!p8
t�vp' n aP°° s sal- u'e'• t �s �3SS-51 �� 1e%d
S vsu ;;*uS�vOFeuStiedZ VIOI
°} ss)fluu s-U� '� v�y�►ed • `- �o Z g�y�sd
va°°� 6 $d°gu StA ,� sao s volatP�'w a 1a Sy1 tt`d S
ten° asn 1y its ea �,P s sy1 uo buk*
pv►6 q�� v° 9y1 }o v°�• o its > � �Ppads� o1�,sekl
• „,►•q l�. ail* vslpv a u! p►31 . I.4ty 1ss�v+.
Ad ss vg� �aq e�`upo v�s`�t�°s M v!� �:� us' do
1 ° �sd a �j �,y�.av � vot�ot d� , amp osd spuei
10,06
}° � vtdaP ds u MOW
:Sastus�d
ed y1o4 6uPa�l�s �Sd..�►1 Z
qqqo0e �8vool° p'��s PUPAStW-'ad p
ua 0160 �t 4pdo' �psS 5�
P ti 1$ Pa1 ,ems wa'aq �► a
7 olvn sss S u�
ss�1 u�1
o
rooffi a ,egaS
a
5eal
On C(
BAS
ilia
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL REGULAR MEETING
& COMMUNITY REDEVELOPMENT AGENCY
MINUTES
WEDNESDAY, MAY 26, 2021 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Vice Mayor Hill called the regular meeting to order at 6:00 p.m.
2. A moment of silence was held.
3. Council Member McPartlan led the Pledge of Allegiance.
4. ROLL CALL
Vice Mayor Jim Hill
Council Member Fred Jones
Council Member Bob McPartlan
Council Member Chris Nunn
Members Absent:
Mayor Ed Dodd (excused)
Staff Present:
City Manager Paul Carlisle
City Attorney Manny Anon, Jr.
City Clerk Jeanette Williams
Building Office/Fire Marshal Wayne Eseltine
Administrative Services Director/CFO Ken Killgore
Asst. Administrative Services Director Cindy Watson
Public Facilities Manager/Airport Director Scott Baker
Leisure Services Director Brian Benton
Community Development Manager Dorri Bosworth
Community Development Planner Michelle Faulkner
Police Chief Dan Acosta
5. AGENDA MODIFICATIONS
Modifications for additions require a unanimous vote of City Council
There was no objection to the City Manager's request to add the Settlement Agreement
related to Case No. 31-2020-CA-000269 (19th Circuit Court, Indian River County) Ed
Dodd, Individually and as Mayor of the City of Sebastian, Florida; Paul Carlisle,
Individually and as City Manager of the City of Sebastian, Florida; and Manny Anon, Jr.,
Individually and as City Attorney of the City of Sebastian, Florida, Plaintiff, v. Charles M.
Mauti; Damien H. Gilliams; and Pamela Parris, Defendants, v. Michael Barfield, and
Barbara Petersen, Plaintiff intervenors, v. Charles M. Mauti; Damien H. Gilliams; Pamela
Parris; and City of Sebastian, Defendants., to the unfinished business section of the
agenda.
44 of 198
Regular City Council & CRA Meeting
May 26, 2021
Page 2
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff.
No public input or actions under this heading.
21.079 A. Presentation of Life Savina Awards to Gaae Keplev. Jeffrev Rosenkrans,
Thomas Hand, Kennedv Green, Andrew Muehlberaer by Vice Mavor Hill and
Police Chief Acosta
Vice Mayor Hill read a recent Sebastian Daily article describing the heroic efforts of the
rescuers. (See attached) Vice Mayor Hill and the Council Members presented Gage
Kepley, Jeffrey Rosenkrans, and Thomas Hand with the awards. Chief Acosta said it
takes a special person to step in and be heroes. He presented a hero medallion to
young Gage.
21.056 B. Announcement — Council Member Chris Nunn Completed Florida Leaaue of
Cities Universitv Online Orientation for Newlv Elected Officials
Vice Mayor Hill presented Council Member Nunn his certificate of appreciation.
Brief Announcements:
The City Manager announced there will be a mobile COVID vaccination site at the
Barber Street Sports Complex on June 10`n
7. PUBLIC INPUT
Andrea Ring, Quarry Lane, said the City Attorney had not gotten back to her regarding a
certain matter. She also commented about a FPL light pole on her property.
Sharon Herman, Sebastian, thanked the Council Members for all that they do for the City
and will continue to do. She asked if the 55+ mobile home park on Riverview Drive was
in the City's limits because she was concerned about the septic tanks affecting the
lagoon. Vice Mayor Hill advised that the park is in the County's jurisdiction and she may
wish to contact the County Commission.
8. Vice Mayor Hill recessed the City Council meeting and convened the Community
Redevelopment Agency meeting at 6:15 p.m.
A. Approval of Minutes — April 28. 2021 CRA Meetinq,
MOTION by Mr. Nunn and SECOND by Mr. McPartlan to approve the April 28, 2021
CRA minutes passed with a voice vote of 4-0.
B. Facade, Sian and Landscapina Proaram
i. Consider Grant Request from Sandy's Grille — 171 Sebastian Boulevard
(Transmittal, Summary, Application)
The City Manager advised that staff recommended approval.
MOTION by Mr. McPartlan and SECOND by Mr. Jones to approve the grant award to
Sandy's Grille, 171 Sebastian Blvd. There was no public input.
45 of 198
Regular City Council & CRA Meeting
May 26, 2021
Page 3
Roll call: Vice Chairman Hill - aye
Mr. Jones - aye
Mr. McPartlan - aye
Mr. Nunn -aye
Chairman Dodd - absent
Motion carried. 4-0
C. Septic -to -Sewer Proqram
i. Consider Grant Request from Ronald Sypher — 1683 N. Central Avenue
(Transmittal, Application, Quote, Tax Receipt, Deed, Email)
The City Manager advised that staff recommended approval.
MOTION by Mr. Jones and SECOND by Mr. McPartlan to approve the grant award to
Mr. Sypher, 1683 N. Central Avenue. There was no public input.
Roll call: Mr. Jones - aye
Mr. McPartlan - aye
Mr. Nunn - aye
Chairman Dodd - absent
Vice Chairman Hill - aye
Motion carried. 4-0
21.017 ii. Approve CSA #1 Under the Continuina Enaineerina Services Aareement to
Schulke. Bittle & Stoddard. LLC to Evaluate and Recommend Svstem Type and
Method for Connection to Existinq Indian River County Department of Utilitv
Services Sewer Collection and Transmission Facilitv (Transmittal. CSA #1)
The City Manager said it was recommended by Council to do a holistic approach to get
the septic systems off the river, staff contacted Schulke, Bittle & Stoddard to come up
with cost estimate and plan as outlined in CSA #1 under the continuing services
agreement.
Vice Chairman Hill noted this would help 129 parcels on the riverfront. There was no
public input.
MOTION by Mr. Nunn and SECOND by Mr. Jones to approve CSA#1 with Schulke,
Bittle, and Stoddard.
Roll call: Mr. McPartlan - aye
Mr. Nunn - aye
Chairman Dodd - absent
Vice Chairman Hill - aye
Mr. Jones - aye
Motion carried. 4-0
9. Vice Mayor Hill adjourned the Community Redevelopment Agency meeting and
reconvened the City Council meeting at 6:20 p.m.
10. CONSENT AGENDA
46 of 198
Regular City Council & CRA Meeting
May 26, 2021
Page 4
21.042 A. Resolution No. R-21-07 — Approving an Amendment and Recognizing Certain
Adjustments to the Budget for the Fiscal Year Beginning October 1, 2020 and
Ending September 30, 2021 (Transmittal, Resolution No. R-21-07, Report)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
APPROVING AN AMENDMENT AND RECOGNIZING CERTAIN ADJUSTMENTS TO
THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND ENDING
SEPTEMBER 30, 2021 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR
CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN
EFFECTIVE DATE.
21.080 B. Approve Agreement between the City of Sebastian and Indian River County
School Board for Two (2) School Resource Officers, One (1) at Sebastian
Elementary and One (1) at Pelican Island Elementary School (Transmittal,
Agreement)
21.081 C. Authorize the City Manager to Execute the Florida Department of Transportation
Highway Lighting, Maintenance, and Compensation Agreement #ASM73 to
Maintain and Operate Lighting on the State Highway System within the City
(Transmittal, Agreement)
21.082 D. Approve the 2021/2022 Dates for the Craft Club of Sebastian Shows at
Riverview Park (Transmittal, Letter, Application, List, COI, Tax Exemption)
MOTION by Council Member McPartlan and SECOND by Council Member Nunn to
approve consent agenda items A-D.
Roll call: Council Member Nunn - aye
Mayor Dodd - absent
Vice Mayor Hill - aye
Council Member Jones - aye
Council Member McPartlan - aye
Motion carried. 4-0
11. COMMITTEE REPORTS & APPOINTMENTS
Council Member Jones Committee displayed a map of derelict vessels in the Indian
River that the County Beach and Shores Committee has been working with the Florida
Fish and Wildlife Commission to remove.
Vice Mayor Hill thanked Council Member Jones and said if it wasn't for the program the
river would be full of those boats because of the storms.
12. PUBLIC HEARINGS - None
13. UNFINISHED BUSINESS
Added A. Settlement Aareement related to Case No. 31-2020-CA-000269 (19th Circuit
Court. Indian River Countv) Ed Dodd, Individually and as Mayor of the Citv of
Sebastian, Florida; Paul Carlisle, Individually and as Citv Manager of the Citv of
47 of 198
Regular City Council & CRA Meeting
May 26, 2021
Page 5
Sebastian. Florida: and Manny Anon, Jr., Individually and as City Attorney of the
City of Sebastian, Florida. Plaintiff, v. Charles M. Mauti; Damien H. Gilliams: and
Pamela Parris. Defendants, v. Michael Barfield: and Barbara Petersen. Plaintiff -
Intervenors, v. Charles M. Mauti: Damien H. Gilliams: Pamela Parris; and City of
Sebastian. Defendants
The City Manager said the agreement was orchestrated through the City Attorney and
Sherry Sutphen, attorney with our insurance company, to settle the City's portion of the
lawsuit for the Sunshine Law violations. He stated the settlement was a good offer with
fair and reasonable conditions and would not be paid by the residents.
MOTION by Council Member McPartlan and SECOND by Council Member Jones to
approve the settlement agreement between the City and the intervenors, Michael
Barfield, Barbara Petersen; and, authorize the City Manager to sign the agreement.
(Copy attached)
Roll call: Vice Mayor Hill - aye
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - absent
Motion carried. 4-0
14, NEW BUSINESS
21.012 A. Award Work Service Agreement to Loren ,lock Truckina in the Amount of
$682,201.22 for the Construction of a Taxi Lane and Site Work Improvements for
Future Hangar Develooment and Repair of Taxiwav Aloha (Transmittal.
Aareement. Exhibit A — Proiect Manual available at:
httgsalweblink.citvofsebastian.orglweblinkldocview.asDx?id=239814&dbid=0rel)o=City
Exhibit B — Construction Plans (8'/2 x 11 coov attached) also available at:
httns:l/webl i nk.citvofsebastian.oroMlebLink/DocView.aspx?id=239815&dbid=0&reoo=City
Bid Sched #1. Bid Sched #2, Bid Tab)
The City Manager said the agreement was to construct Taxiway A and asked for Council
approval. Vice Mayor Hill thanked staff for obtaining the grants that will greatly help the
airport.
MOTION by Council Member McPartlan and SECOND by Council Member Nunn to
approve the agreement with Loren Jock Trucking to construct the taxi lane, develop the
site for the future square hangars and repair Taxiway Alpha.
Roll call: Vice Mayor Hill - aye
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - absent
Motion carried. 4-0
MRIMMOU
Regular City Council & CRA Meeting
May 26, 2021
Page 6
20.003/21.083 B. Award Invitation to Bid (#21-05) to A. Thomas Construction, Inc. in an Amount
Not to Exceed $169.479.87 for the CDBG Sidewalk Improvement Proiect on
North Central Avenue (Transmittal. Bid Response. Reference Checks.
Aareement)
The City Manager said this was to replace the sidewalk from Capt. Hiram's down to
Davis Street and asked Council to approve the contract. Vice Mayor Hill noted this was
another great job by staff to secure grant funding to complete a needed project with little
output by the City.
MOTION by Council Member Jones and SECOND by Council Member McPartlan to
approve the contract to A. Thomas Construction to improve the North Central Avenue
sidewalk.
Roll call: Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - absent
Vice Mayor Hill - aye
Motion carried. 4-0
21.084 C. Approve Work Authorization (CSA#1) for Professional Enaineerina Services
Associated with Fillina an Existina Ditch between Gardenia Street and Evernia
Street from Riviera Avenue to the Outfall from Johnson. Mirmiran & Thompson
(JMT) in Amount Not to Exceed $38.633.00 (Transmittal. CSA #1. Fee Proposal.
Map)
The City Manager said this was the area off Riviera Drive where staff tried to correct a
failing ditch but the soil is unstable causing issues for residents so he recommended
hiring JMT to design a way to pipe the ditch to be successful; the actual construction
would be bid out after design.
MOTION by Council Member Jones and SECOND by Council Member McPartlan to
approve the CSA #1 with Johnson, Mirmiran & Thomposon to design a way to stabilize
the ditch off Riviera Drive.
Roll call: Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - absent
Vice Mayor Hill - aye
Council Member Jones - aye
Motion carried. 4-0
15. CITY ATTORNEY MATTERS
The City Attorney advised that the City Manager did contact the chairman of the
committee that Ms. Ring was referring to under public input matters. Because Ms. Ring
mentioned that Roberts Rules of Order were not followed, he stated they are guidelines
for conducting meetings.
g'Zm�'T:�
Regular City Council & CRA Meeting
May 26, 2021
Page 7
16. CITY MANAGER MATTERS
The City Manager reported that he does plan to install two Veterans Parking Program
signs at City Hall with additional signs throughout the City. He noted there are 16,000
veterans in Indian River County.
He also stated the City has received $1,666,000 from the 2021 American Rescue Plan
Act and he intends to bring a spending plan to Council shortly.
He said he has met with Florida Power and Light who plans to relocate the power lines
for just about every resident underground. He said they plan to do a presentation in
near future.
17. CITY CLERK MATTERS - None
18. CITY COUNCIL MATTERS
A. Council Member McPartlan - None
B. Council Member Nunn noted that with 16,000 veterans in Indian River County that is
10% of our population; the average population of the United States who has served in
the military is 1 % which shows how great Indian River County is.
C. Mayor Dodd -Absent
D. Vice Mayor Hill - None
E. Council Member Jones - None
19. Being no further business, Vice Mayor Hill adjourned the Regular City Council meeting
at 6:39 p.m.
Approved at the June 9, 2021 Regular City Council meeting.
Mayor Ed Dodd
ATTEST:
Jeanette Williams, City Clerk
50 of 198
01) �A
SE&N"MAN
HOME Of PELICAN ISLAND
SEBASTIAN CITY COUNCIL REGULAR MEETING
MINUTES
WEDNESDAY, JUNE 9, 2021 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 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
Asst. Administrative Services Director Cindy Watson
Deputy Police Chief Greg Witt
Code Enforcement Officer Rich lachini
Code Enforcement Office Curtis Bloomfield
5. AGENDA MODIFICATIONS
There was no objection to Mayor Dodd's request that the two pages of Ordinance No. 0-
21-07, placed in front of them on the dais, replace pages 62 and 63 of the agenda
packet.
6. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS
21.085 A. Proclamation — Code Enforcement Officers Appreciation Week — June 7 to 11,
2021
Mayor Dodd read and presented the proclamation to Code Enforcement Officers Rich
lachini and Curtis Bloomfield.
7. PUBLIC INPUT
Sherida Billman, resident, said in her profession she has come across a lot of land
clearing with the loss of habitat. She said she hoped the builders and new home ownE�rs
51 of 198
Regular City Council Meeting
June 9, 2021
Page 2
are taking steps to preserve the large indigenous trees when lots are cleared for a new
home as they provide habitats for many species and shade. She noted that after the
clearing passes inspection, there is no way to enforce that those trees remain on the
property. She also said the builders have horrible placement and selection of the trees
that they are putting on the properties. She requested to be part of the process to help
people select the correct trees.
Ms. Billman also said when the lots are cleared for new homes, gopher tortoises make
boroughs in the newly tilled soil so she asked if there could be another inspection before
final grading to make sure there are no tortoises.
Ms. Billman suggested making the Harbor Lights Motel site a porch swing park like there
is in the Ft. Pierce Jetty Park.
8. CONSENT AGENDA
A. Approval of Minutes - Mav 12, 2021 Reaular Citv Council Meetinq
MOTION by Council Member Nunn and SECOND by Council Member Jones to approve
the minutes of the May 12, 2021 Council Meeting passed with a voice vote of 5-0.
9. COMMITTEE REPORTS & APPOINTMENTS
21.046 A. Natural Resources Board (Transmittal, Applications, Advertisement, List)
Interview, Unless Waived, Submit Nominations for One Regular Member
Position
MOTION by Mayor Dodd to appoint Jeffrey Carrier to the regular member position and
Alesandra Valenzuela to the alternate member position; SECOND by Council Member
Nunn passed with a unanimous voice vote. 5-0
21.010 B. Parks and Recreation Advisory Board (Transmittal, Applications, Advertisement,
List)
i. Interview, Unless Waived, Submit Nominations for Two Expired Regular
Members, One Expired Alternate Member Positions — Terms will Expire
May 2024
MOTION by Council Member Nunn and SECOND by Vice Mayor Hill to appoint the three
current members for another term passed with a unanimous voice vote. 5-0
21.086 C. Plannina and Zonina Commission (Transmittal. Applications, Advertisement, List)
Interview, Unless Waived, Submit Nominations for One Regular Member
Position — Term will Expire May 2024
Vice Mayor Hill and Council Member Jones nominated Louise Kautenburg.
52 of 198
Regular City Council Meeting
June 9, 2021
Page 3
John Christino introduced himself and said he brings his building experience to the
board, he has been reading the plans, driving to locations, and in his opinion, doing what
is right for the City.
Louise Kautenburg introduced herself and said she has served on the board for a good
long time, she enjoys the work, enjoys the study and was here to work.
Council Member McPartlan nominated John Christino noting whatever happens they
would both stay on the board as excellent members.
Roll call: Vice Mayor Hill - Ms. Kautenburg
Council Member Jones - Ms. Kautenburg
Council Member McPartlan - Mr. Christino
Council Member Nunn - Ms. Kautenburg
Mayor Dodd - Ms. Kautenburg
Louise Kautenburg was appointed to serve in the regular member position with a term to
expire May 31, 2024.
10. PUBLIC HEARINGS - None
11. UNFINISHED BUSINESS - None
12. NEW BUSINESS
21.074 A. First Reading of Ordinance No. 0-21-06 — Charter Amendment — Amendinq Sec.
1.02(4) Public Utilities — Set Public Hearina for June 23, 2021 (City Attornev
Transmittal for Eight Ordinances)
6:20 pm
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN,
THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 1.02 (4) OF THE CITY
CHARTER, RELATING TO INCLUDE BUT NOT LIMITED TO COMMUNICATION AS A
PUBLIC SERVICE, PROVIDING BALLOT LANGUAGE; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read the title. Mayor Dodd explained the Charter is the City's
constitution which is reviewed every five years to see if the electorate would like to make
any changes.
Council Member Nunn suggested adding "electronic" communication services to the
ballot question to let the public know it is about internet, e-mail services as opposed to
telephone services.
MOTION by Council Member Nunn and Vice Mayor Hill to change the ballot title and
question to the following on first reading:
PROVIDING LOCAL PUBLIC SERVICES TO INCLUDE BUT NOT LIMITED TO
ELECTRONIC COMMUNICATION SERVICES (15 word limit)
53 of 198
Regular City Council Meeting
June 9, 2021
Page 4
Shall Section 1.02 (4) Public Utilities of the City of Sebastian City Charter be amended,
as provided in Ordinance 0-21-06, to include but not limited to electronic communication
services as a possible public utility? (75 word limit)
There was no public input.
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
B. First Reading of Ordinance No. 0-21-07 — Charter Amendment — Amending Sec.
2.02 Eliqibilitv — Set Public Hearinq for June 23. 2021
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN,
THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 2.02 OF THE CITY
CHARTER, RELATING TO INCLUDE THE PROVISION THAT ONCE ELECTED OR
APPOINTED, A COUNCIL MEMBER MUST MAINTAIN CONTINUOUS PHYSICAL
RESIDENCY AND VOTER REGISTRATION IN THE CITY OF SEBASTIAN
THROUGHOUT THEIR TERM OF OFFICE; PROVIDING BALLOT LANGUAGE; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the title to Ordinance No. 0-21-07. MOTION by Vice Mayor Hill
and SECOND by Council Member McPartlan to pass Ordinance No. 0-21-07 on first
reading.
There was no public input.
Roll call: Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Hill - aye
Council Member Jones - aye
Motion carried. 5-0
C. First Reading of Ordinance No. 0-21-08 — Charter Amendment — Amendinq Sec.
2.06(b) Mavor & (c) Vice Mavor — Set Public Hearing for June 23. 2021
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN,
THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 2.06 (b) MAYOR -
DUTIES, GENERAL OF THE CITY CHARTER TO GIVE THE MAYOR THE POWER TO
DECLARE A STATE OF LOCAL EMERGENCY; AMEND SECTION 2.06 (c) VICE
MAYOR -SELECTION AND TERM TO REMOVE THE LANGUAGE STATING THE TERM
OF THE VICE MAYOR SHALL BE FOR ONE YEAR OR UNTIL HIS OR HER
SUCCESSOR IS ELECTED; PROVIDING BALLOT LANGUAGE; AND PROVIDING FOR
AN EFFECTIVE DATE.
54 of 198
Regular City Council Meeting
June 9, 2021
Page 5
6:29 pm
The City Attorney read the title to Ordinance No. 0-21-08.
MOTION by Council Member Nunn to change the question by removing the term of the
vice mayor noting the first part of the question is very important. He suggested matching
the language to the term of the mayor to make is less confusing for the voters. He
suggested the following title:
ADD MAYOR HAS THE POWER TO DECLARE EMERGENCY AND
MATCH VICE MAYOR LANGUAGE TO MAYOR (15 words)
Mayor Dodd said he wouldn't be willing to support that change but would support totally
removing the language of the vice mayor's term. There was no second to this motion.
MOTION by Council Member Nunn and SECOND by Vice Mayor Hill to approve
Ordinance No. 0-21-08 with the correct spelling of the word declare.
Sharon Herman said the problem is not the title but the way the ballot summary is written
because the way the public is right now, they will read "vice mayor term limits" and reject
the entire ballot question.
AMENDED MOTION by Council Member Nunn and SECOND by Vice Mayor Hill to
approve 0-21-08 with the correct spelling of the word declare and changing the ballot
summary to remove the word limit:
Shall Section 2.06 (b) Mayor -Duties, general of the City Charter be
amended, as provided in Ordinance 0-21-08, to give the Mayor the power
to declare a state of local emergency to be consistent with City Code
Section 2-37; and 2.06 (c) Vice Mayor -Selection and Term be amended
to remove the term UwA of the Vice Mayor?
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
D. First Readina of Ordinance No. 0-21-09 — Charter Amendment — Amending Sec.
2.08(c)(d)(e)(f) Vacancies. Forfeiture of Office: Fillina of Vacancies — Set Public
Hearina for June 23. 2021
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN,
THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 2.08 (a) VACANCIES
OF THE CITY CHARTER TO ADD SUSPENSION; ADD 2.08 (c) SUSPENSION FROM
OFFICE TO INCLUDE THE SUSPENSION OF A COUNCIL MEMBER IF ARRESTED
FOR A FELONY OR MISDEMEANOR RELATED TO THE DUTIES OF OFFICE; ADD
2.08 (d) SPECIAL HEARING TO INCLUDE WHEN CITY COUNCIL WILL HOLD A
SPECIAL HEARING TO REMOVE OR SUSPEND A COUNCIL MEMBER OR MAYOR;
55 of 198
Regular City Council Meeting
June 9, 2021
Page 6
ADD TO SECTION 2.08 (e) (2) AND (3) FILLING VACANCIES THAT CITY COUNCIL
CAN REVOKE AND RESTORE SUSPENDED COUNCIL MEMBER OR MAYOR WHO
IS ACQUITTED OR FOUND NOT GUILTY; CHANGE SECTION (d) to (f), PROVIDING
BALLOT LANGUAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the title to Ordinance No. 0-21-09. Council Member Nunn said
during their last discussion the question came up if the felony or misdemeanor was to be
related to the duties of office or could it be any felony. Mayor Dodd clarified that crime
would only be related to the duties of office.
There was no public input.
MOTION by Vice Mayor Hill and SECOND by Council Member Jones to pass Ordinance
No. 0-21-09 on first reading.
Roll call: Mayor Dodd - aye
Vice Mayor Hill - aye
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Motion carried. 5-0
E. First Readina of Ordinance No. 0-21-10 — Charter Amendment — Amending Sec.
2.12(a) Procedure — Set Public Hearinq for June 23, 2021
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN,
THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 2.12 - PROCEDURE
(a) MEETING OF THE CITY CHARTER TO LIMIT A SPECIAL MEETING TO ONE (1)
TOPIC AND REQUIRE REASONABLE NOTICE; PROVIDING BALLOT LANGUAGE;
AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the title to Ordinance No. 0-21-10. Council Member Nunn said
he was glad the Charter is being amended in this regard because there is no such thing
as not having notice for a meeting in the State of Florida.
MOTION by Council Member Nunn and SECOND by Council Member McPartlan to pass
Ordinance No. 0-21-10 on first reading.
There was no public input.
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
56 of 198
Regular City Council Meeting
June 9, 2021
Page 7
F. First Readina of Ordinance No. 0-21-11 — Charter Amendment — Amendinq Sec.
4.02(b) Adoption of State Election Laws — Set Public Hearina for June 23. 2021
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN,
THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 4.02 (b) - FILING OF
CANDIDATE'S OATH; FEE OF THE CITY CHARTER TO CHANGE THE DAYS A
CANDIDATE HAS TO QUALIFY FOR ELECTION TO AT LEAST EIGHTY-ONE (81)
DAYS, BUT NO MORE THAN NINETY-SIX (96) DAYS, PRIOR TO THE DAY OF THE
ELECTION; PROVIDING BALLOT LANGUAGE; AND PROVIDING FOR AN EFFECTIVE
DATE.
The City Attorney read the title to Ordinance No. 0-21-11. Mayor Dodd noted this was a
request by the Supervisor of Elections, Leslie Swan and made a MOTION with a
SECOND by Council Member Jones to pass Ordinance No. 0-21-11 on first reading.
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
G. First Readina of Ordinance No. 0-21-12 — Charter Amendment — Amendinq Sec.
4.12 Election Procedures; Tie Vote — Set Public Hearinq for June 23, 2021
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN,
THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 4.12 (b) — ELECTION
PROCEDURES; TIE VOTE TO INCLUDE THE LANGUAGE FOR THE OUTCOME OF A
TIE VOTE SHALL BE IN ACCORDANCE WITH FLORIDA LAW; PROVIDING BALLOT
LANGUAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the title to Ordinance No. 0-21-12. MOTION by Vice Mayor Hil
and SECOND by Council Member Nunn to pass Ordinance No. 0-21-12 on first reading.
There was no public input.
Roll call: Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Hill - aye
Council Member Jones - aye
Motion carried. 5-0
H. First Readina of Ordinance No. 0-21-13 — Charter Amendment — Amendina Sec.
4.14 Interim Government — Set Public Hearina for June 23. 2021
57 of 198
Regular City Council Meeting
June 9, 2021
Page 8
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN,
THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 4.14 - INTERIM
GOVERNMENT OF THE CITY CHARTER TO CLARIFY WHAT TO DO WHEN THERE
IS NOT A MAJORITY OF CITY COUNCIL AVAILABLE TO SERVE AND TAKE ACTION
EITHER THROUGH DEATH, RESIGNATION, SUSPENSION OR REMOVAL FROM
OFFICE; PROVIDING BALLOT LANGUAGE; AND PROVIDING FOR AN EFFECTIVE
DATE.
The City Attorney read the title to Ordinance No. 0-21-13. MOTION by Vice Mayor Hill
and SECOND by Council Member McPartlan to pass Ordinance No. 0-21-13 on first
reading.
Vice Mayor Hill thanked the Charter Review Committee for their hard work on all of the
initiatives.
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
13. CITY ATTORNEY MATTERS
The City Attorney said staff has been receiving a -mails asking how to submit comments
on the sentencing for the Gilliams/Parris case. He displayed the criteria for contacting
Judge Linn on the overhead display. (See instructions attached) He said the sentencing
would be held June 21 st on the third floor of the Court House.
Mayor Dodd noted the City is not taking a stand on the case. Council Member Nunn
said for those individuals submitting e-mails, their e-mail address and name will also be
part of the record.
The City Attorney said he would be out on military duty June 131n until the 25tn
14. CITY MANAGER MATTERS
The City Manager announced there would be a Vaccination Event at the Barber Street
Sport Complex tomorrow from 10 a.m. until 7 p.m.
15. CITY CLERK MATTERS - None
16. CITY COUNCIL MATTERS
A. Council Member Nunn invited the public to participate in the July 3rd fireworks and
celebrate July 4tn the whole weekend.
He said after attending the Institute for Elected Municipal Officials training this past
weekend, he was surprised that anyone who may have attended the training would not
58 of 198
Regular City Council Meeting
June 9, 2021
Page 9
understand what they can do and can't do regarding public meetings. He noted the
events that have happened in Sebastian during the past year are now part of the training
presentation.
B. Mayor Dodd said they have all received a -mails from Charlan Thomas about a
decorative lighting issue on Faith Terrace and he asked Council if they would want to
give staff any direction on this but before they do that he asked that they discuss how to
enforce it —police officers with light meters; what criteria do they use —people could
complain about landscape lighting which could outlaw landscaping lighting within the
City. He said it wasn't that he didn't have a lot of sympathy for the Faith Terrace
residents but he didn't know if they can do anything that could be enforced or cause
more problems than solve it.
Vice Mayor Hill said they couldn't write an ordinance that you have to be a good
neighbor which is where the problem lies; they can't legislate being a good neighbor. It
would be better if they resolved it amongst themselves.
Council Member Nunn said there are other houses on the street with the similar lighting;
he understood that the neighbors all used to be friends; maybe they should have a picnic
to settle things. He said he was against creating an ordinance to solve a neighborly
dispute; if they talked it out, it would be better in the long run.
Council Member Jones said he was afraid they would run into a serious constitutional
issue if they did something like an ordinance.
Council Member McPartlan said there was a citizen complaining about a FPL light that
was shining in the window. He noted the Faith Terrace neighbor is paying FPL to have
the annoyance.
Vice Mayor Hill noted some people don't like the lighting but many people want more.
Mayor Dodd stated the consensus of Council was that they really couldn't write an
ordinance for the decorative lighting and they should move on.
Mayor Dodd said now that the trial is over he said he wanted to make sure everyone
understood how big of a deal it was for the citizens to stood up and changed the
leadership in the City.
He asked everyone to remember on the morning of April 23 and 24 how staff stood up
and they were concerned about what happened but it didn't let it stop them from doing
what needed to be done for the City. He said he could never convey the amount of
support he received from the City Attorney, City Manager, and City Clerk during that time
which was harrowing.
C. Vice Mayor Hill said the amount of support that he received from the public also
made it a lot easier; the comments were amazing.
D. Council Member Jones - None
59 of 198
Regular City Council Meeting
June 9, 2021
Page 10
E. Council Member McPartlan asked for an update on study for the Crab E Bills
structure and if there could be a presentation on covenant associated with the Working
Waterfront.
The City Manager responded that he is working with the consulting engineer to prepare
an evaluation of the structure to bring it back as a package on what it is going to take to
stabilize the building. He may have someone in place by August but the study would not
be completed.
Mayor Dodd asked the City Manager to make a presentation on the status of the
Working Waterfront and what the City is required to do as part of the grant process. The
City Manager offered to make a presentation.
Council Member Jones said he wanted people to know that they do follow up on
complaints and he mentioned a specific complaint of speeding on South Easy Street.
The City Manager said he did receive the complaint of people speeding on South Easy,
running the stop signs, and erratic driving; the Police Chief did a records search and
found:
There were 86 traffic citations which included three accidents. (two
motorcycle, one automobile) A traffic study conducted five years
ago indicated there was not a speeding problem. The traffic study
completed this morning indicates the average speed is 30 mph.
There were 8,000 trips east bound; one vehicle doing between 55-
66 mph and one was doing between 60-65 mph. Of the 5,000 west
bound trips, one vehicle was doing 55-60 mph and one vehicle was
doing 45-50 mph.
He said the majority speed is 35 mph, which is five miles over the posted speed limit and
is common. In reference to stop signs, the City Manager said stop the police cannot be
there 24/7 but they are enforcing the stop signs; there is not a speeding issue there and
no further action is warranted.
17. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at
7:14 p.m.
Approved at the June 23, 2021 Regular City Council meeting.
Mayor Ed Dodd
ATTEST.
Jeanette Williams, City Clerk
60 of 198
M �V
QMA
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetinq Date: June 23, 2021
Agenda Item Title: Resolution R-21-09, Parking -In -Lieu Purchase Program for 807 Indian River
Drive, former Bait Shop across from the Yacht Club
Recommendation: Approve Resolution R-21-09, and authorize the City Manager to exeCILte the
Agreement attached and identified as "Attachment A"
Background: Joe and Martha Graham, current owners of the property, have been working with
staff to bring the property into compliance regarding various additions and renovations constructed on the property
without permits by the previous owners. They also have a potential tenant who would like to convert the use; of the
building from bait shop (retail) to a small take-out restaurant that includes minimal seating areas on the outside
decks. A site plan modification has been approved by staff conditionally on the owners receiving Council's approval
of the proposed agreement. For the new restaurant, per the Land Development Code, total square footage: of all
seating areas requires 6 parking spaces. The existing site will provide three spaces located onsite, including one
handicapped space, and if approved by Council, three spaces through the Parking -In -Lieu program.
In 2010, City Council established the Parking -In -Lieu Purchase Program to allow owners and developers in the
Community Redevelopment Area (CRA) to purchase required parking by paying a fee into the Riverfront Parking
Trust Fund to be used only to develop and maintain public parking within the CRA east of the FEC railroad... Only
properties zoned Commercial Riverfront (CR) or Commercial Waterfront Residential (CWR) may participate, and
50% of the required amount of parking may be purchased, up to a maximum of 30 spaces. Public parking utilized in
this program is not assigned to a business or reserved in any manner, and confers no rights upon the business to
place any advertisement, notices or signage upon the parking spaces. The fee has been established at $3,200 per
parking space.
The total charge for 3 spaces will be $9,600, and the Owners have requested financing terms similar to the
agreements previously approved. As such, the agreement identified as Attachment A has been prepared and included
in Resolution R-21-09. If approved, the agreement will be recorded as alien against the property, and released when
paid in full.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount:
Total Cost: NIA
Funds to Be Utilized for Appropriation:
Attachments: 1. Resolution R-21-09 including Attachment A 3. Request email from Owner
2. LDC Section 54-3-15.4(a)(5)
Administrative Services Department Review.
City Attorney Review: i�%.cQrLdrL
Procurement Division Review, if applicable:
City Manager Authorization:
Date:
61 of 198
RESOLUTION NO. R-21-09
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING PARTICIPATION FOR PROPERTY OWNERS, JOSEPH P.
AND MARTHA S. GRAHAM, IN THE PARKING -IN -LIEU PURCHASE
PROGRAM, LIEN AGREEMENT AND COVENANT RUNNING WITH
THE LAND, FOR PROPERTY LOCATED AT 807 INDIAN RIVER DRIVE,
SEBASTIAN, FLORIDA; PROVIDING FOR CONFLICTS, SCRIVENERS
ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian has determined that it is in
the public interest to allow businesses within the Riverfront area the opportunity to
utilize public parking to meet their parking needs; and
WHEREAS, Joseph P. & Martha S. Graham wish to participate in the Parking-lin-
Lieu Purchase Program and purchase three (3) parking spaces for property located at
807 Indian River Drive;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. The City Council approves the Parking -In -Lieu Purchase Program
Agreement, Lien Agreement and Covenant Running with the Land attached hereto as
Attachment A, and authorizes the City Manager to execute and record the same.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. SCRIVENER'S ERRORS. Sections of this ordinance may be
renumbered or re -lettered and corrections of typographical errors which do not affect
the intent may be authorized by the City Manager, or the City Manager's designee,
without need of public hearing, by filing a corrected or re -codified copy of same with the
City Clerk.
Section 4. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
62 of 198
The foregoing Resolution was moved for adoption by
The motion was seconded by and, upon being put to a
vote, the vote was as follows:
Mayor Ed Dodd
Vice -Mayor Jim Hill
Council Member Fred Jones
Council Member Bob McPartlan
Council Member Christopher Nunn
The Mayor thereupon declared this Resolution duly passed and adopted this 23`d day of
June, 2021.
CITY OF SEBASTIAN, FLORIDA
In
ATTEST:
Jeanette Williams, MMC
City Clerk
Approved as to form and content for
reliance by the City of Sebastian only:
Manny Anon, Jr., Esq.
City Attorney
Mayor Ed Dodd
63 of 198
ATTACHMENT A
PARKING -IN -LIEU PURCHASE PROGRAM AGREEMENT
LIEN AGREEMENT
COVENANT RUNNING WITH THE LAND
(hereinafter collectively referred to as "Agreement")
THIS AGREEMENT is between the City of Sebastian, a Florida municipal
corporation, as "City", and Joseph P. and Martha S. Graham, as "Owners", of the property
located at 807 Indian River Drive, Sebastian, FL.
WHEREAS, the City Council of the City of Sebastian finds that providing public
parking to assist private businesses meet their parking needs is an economic benefit to the
entire community; and
WHEREAS, the requirements for parking are outlined in Sec. 54-3-15 of the City's
Land Development Code and include an In Lieu of Parking Program allowing businesses to
purchase parking to meet their parking requirements; and
WHEREAS, the recently approved site plan for the subject property to change the:
business use from retail to restaurant requires 6 parking spaces and provides 3 on the site; and
WHEREAS, the Owners have decided to participate in the Parking -In -Lieu Purchase
Program and purchase three (3) additional spaces from the City.
NOW THEREFORE, in consideration of the mutual promises and obligations stated
herein, the City and Owners do hereby incorporate all terms and conditions in this Agreement
and mutually agree as follows:
1. PURPOSE. The purpose of this agreement is to provide the Owners with the non-exclusive
use of three (3) additional public parking spaces for the benefit of the development of their
property located at 807 Indian River Drive.
2. FEE. The fee for 3 parking spaces at $3,200 per space, as established by Resolution R-10-
35, totals nine thousand six hundred dollars ($9,600.00).
3. PAYMENT AND INTEREST. Owner agrees to make monthly payments to the City of
$95.00 for one -hundred and twenty (120) months, including interest at the rate of three and one;
half percent (3.5%) per annum, in accordance with the loan summary and amortization
schedule in Exhibit A, attached hereto and incorporated herein by this reference, for a total of
$11,400.00. Payment is due to the City the first of every month, starting August 1, 2021.
4. ESTABLISHMENT OF LIEN. This Agreement, and the obligations created hereunder, is
secured by a lien upon the property described in Exhibit B, attached hereto and incorporated
herein by this reference. Such lien shall be of equal dignity with the lien for taxes and shall be
enforceable in the same manner as provided by law, and may be satisfied at any time by
payment thereof, including accrued interest. Upon such payment, the City shall, by appropriate
64 of 198
means, evidence the satisfaction and cancellation of such lien upon the record thereof. Notice
of such lien may be filed in the office of the clerk of the circuit court and recorded among the
public records of Indian River County.
5. COVENANT RUNNING WITH THE LAND. This Agreement shall constitute a
covenant running with the land and shall be binding upon the heirs, successors and assigns of
the parties.
6. NON EXCLUSIVE USE AND OWNERSHIP. The parking spaces are for the non-
exclusive use by the Owners, and the City shall retain fee ownership of the public parking
spaces.
7. LIMITS OF USE. This Agreement confers no rights upon the Owners to place any
advertisement, notices or signage. The City expressly retains all such rights. The Owners
shall make no use of the parking spaces except as specifically authorized in this Agreement.
8. SUCCESSORS AND ASSIGNS. This Agreement and each of its terms and conditions
shall be binding upon the parties and their respective successors and assigns. There shall be no
assignment of this Agreement or any of the rights or obligations herein, without the advance
written consent of the City.
9. NOTICES. All notices required by this agreement shall be in writing and delivered either
by registered or certified mail to the other party at the address given below:
"City": City Manager "Owners": Joseph P & Martha S. Graham
City of Sebastian 13995 Ruffner Lane
1225 Main Street Sebastian, FL 32958
Sebastian, FL 32958
Any party may change address or designee by giving written notice of such change to the other
parties.
10. REMEDIES. This Agreement provides the Owners with the necessary parking spaces
required by the Code of the City of Sebastian only during such time as the Owners are current with
respect to their financial obligations described herein. If any party shall fail to perform any term
or condition hereof, and continue such nonperformance for a period of ninety days after receiving
a notice of default, it shall be subject to such administrative, contractual, and legal remedies as
provided by this Agreement, the Code of Ordinances of the City of Sebastian, and the laws of the
State of Florida. Jurisdiction for any court action filed regarding this Agreement shall be in a court
of competent jurisdiction in Indian River County, Florida.
11. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
2 65 of 198
12. RECORDING. The City shall be responsible for recording this Agreement in the Official
Records of Indian River County and the Owners shall pay all recording fees. A copy of the
recorded Agreement shall be provided to the Owners by the City within fifteen (15) business
days after recording.
13. EFFECTIVE DATE. This Agreement shall be effective upon the execution of the last
party to sign.
ATTEST:
Jeanette Williams, MMC
City Clerk
OWNERS:
By:
Joseph P. Graham
By:
Martha S. Graham
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF SEBASTIAN, FLORIDA
By:
Paul Carlisle, City Manager
Date:
Approved as to form and legality for
reliance by the City of Sebastian only
Manny Anon, Jr., City Attorney
Date:
Date:
The foregoing instrument was acknowledged before me this day of 2021, by Joseph P.
Martha S. Graham, who are personally known to me or both produced (identification).
SEAL
NOTARY PUBLIC
Print Name:
Commission No.
Expiration:
3
66 of 198
Loan Amount:
Interest Rate:
Total of Payments:
EXHIBIT A
$9,600.00
3.5
$11,400.00
Amortization Schedule
Term:120 months
Monthly Payment:
Total Interest Paid:
$95.00
$1,792.00
Date
Interest
Principal
Balance
Aug, 2021
$28
$67
$9,533
Sep, 2021
$28
$67
$9,466
Oct, 2021
$28
$67
$9,399
Nov, 2021
$27
$68
$9,331
Dec, 2021
$27
$68
$9,263
Total 2021
$138
$337
$9,263
Jan, 2022
$27
$68
$9,195
Feb, 2022
$27
$68
$9,127
Mar, 2022
$27
$68
$9,059
Apr, 2022
$26
$69
$8,991
May, 2022
$26
$69
$8,922
Jun, 2022
$26
$69
$8,853
Jul, 2022
$26
$69
$8,784
Aug, 2022
$26
$69
$8,715
Sep, 2022
$25
$70
$8,645
Oct, 2022
$25
$70
$8,575
Nov, 2022
$25
$70
$8,505
Dec, 2022
$25
$70
$8,435
Total 2022
$311
$828
$8,435
Page 1 of 6
67 of 198
Date
Interest
Principal
Balance
Jan, 2023
$25
$70
$8,365
Feb, 2023
$24
$71
$8,294
Mar, 2023
$24
$71
$8,224
Apr, 2023
$24
$71
$8,153
May, 2023
$24
$71
$8,082
Jun, 2023
$24
$71
$8,010
Jul, 2023
$23
$72
$7,939
Aug, 2023
$23
$72
$7,867
Sep, 2023
$23
$72
$7,795
Oct, 2023
$23
$72
$7,723
Nov, 2023
$23
$72
$7,650
Dec, 2023
$22
$73
$7,578
Total 2023
$282
$858
$7,578
Jan, 2024
$22
$73
$7,505
Feb, 2024
$22
$73
$7,432
Mar, 2024
$22
$73
$7,359
Apr, 2024
$21
$73
$7,285
May, 2024
$21
$74
$7,211
Jun, 2024
$21
$74
$7,137
Jul, 2024
$21
$74
$7,063
Aug, 2024
$21
$74
$6,989
Sep, 2024
$20
$75
$6,914
Oct, 2024
$20
$75
$6,840
Nov, 2024
$20
$75
$6,765
Dec, 2024
$20
$75
$6,690
I Total 2024
$251
$888
$6,690
Page 2 of 6
68 of 198
Date
Interest
Principal
Balance
Jan, 2025
$20
$75
$6,614
Feb, 2025
$19
$76
$6,538
Mar, 2025
$19
$76
$6,463
Apr, 2025
$19
$76
$6,387
May, 2025
$19
$76
$6,310
Jun, 2025
$18
$77
$6,234
Jul, 2025
$18
$77
$6,157
Aug, 2025
$18
$77
$6,080
Sep, 2025
$18
$77
$6,003
Oct, 2025
$18
$77
$5,925
Nov, 2025
$17
$78
$5,848
Dec, 2025
$17
$78
$5,770
Total 2025
$219
$920
$5,770
Jan, 2026
$17
$78
$5,692
Feb, 2026
$17
$78
$5,613
Mar, 2026
$16
$79
$5,535
Apr, 2026
$16
$79
$5,456
May, 2026
$16
$79
$5,377
Jun, 2026
$16
$79
$5,298
Jul, 2026
$15
$79
$5,218
Aug, 2026
$15
$80
$5,139
Sep, 2026
$15
$80
$5,059
Oct, 2026
$15
$80
$4,978
Nov, 2026
$15
$80
$4,898
Dec, 2026
$14
$81
$4,817
Total 2026
$187
$952
$4,817
Page 3 of 6
69 of 198
Date
Interest
Principal
Balance
Jan, 2027
$14
$81
$4,737
Feb, 2027
$14
$81
$4,655
Mar, 2027
$14
$81
S4,574
Apr, 2027
$13
$82
$4,493
May, 2027
$13
$82
$4,411
Jun, 2027
$13
$82
$4,329
Jul, 2027
$13
$82
$4,246
Aug, 2027
$12
$83
$4,164
Sep, 2027
$12
$83
$4,081
Oct, 2027
$12
$83
$3,998
Nov, 2027
$12
$83
$3,915
Dec, 2027
$11
$84
$3,831
Total 2027
$153
$986
$3,831
Jan, 2028
$11
$84
$3,747
Feb, 2028
$11
$84
$3,663
Mar, 2028
$11
$84
$3,579
Apr, 2028
$10
$84
$3,495
May, 2028
$10
$85
$3,410
Jun, 2028
$10
$85
$3,325
Jul, 2028
$10
$85
$3,240
Aug, 2028
$9
$85
$3,154
Sep, 2028
$9
$86
$3,069
Oct, 2028
$9
$86
$2,983
Nov, 2028
$9
$86
$2,896
Dec, 2028
$8
$86
$2,810
Total 2028
$118
$1,021
$2,810
Page 4 of 6
70 of 198
Date
Interest
Principal
Balance
Jan, 2029
$8
$87
$2,723
Feb, 2029
$8
$87
$2,636
Mar, 2029
$8
$87
$2,549
Apr, 2029
$7
$87
$2,461
May, 2029
$7
$88
$2,374
Jun, 2029
$7
$88
$2,286
Jul, 2029
$7
$88
$2,197
Aug, 2029
$6
$89
$2,109
Sep, 2029
$6
$89
$2,020
Oct, 2029
$6
$89
$1,931
Nov, 2029
$6
$89
$1,842
Dec, 2029
$5
$90
$1,752
Total 2029
$81
$1,058
$1,752
Jan, 2030
$5
$90
$1,662
Feb, 2030
$5
$90
$1,572
Mar, 2030
$5
$90
$1,482
Apr, 2030
$4
$91
$1,391
May, 2030
$4
$91
$1,300
Jun, 2030
$4
$91
$1,209
Jul, 2030
$4
$91
$1,118
Aug, 2030
$3
$92
$1,026
Sep, 2030
$3
$92
$934
Oct, 2030
$3
$92
$842
Nov, 2030
$2
$92
$750
Dec, 2030
$2
$93
$657
Total 2030
$44
$1,095
$657
Page 5 of 6
71 of 198
Date
Interest
Principal
Balance
Jan, 2031
$2
$93
$564
Feb, 2031
$2
$93
$471
Mar, 2031
$1
$94
$377
Apr, 2031
$1
$94
$283
May, 2031
$1
$94
$189
Jun, 2031
$1
$94
$95
Jul, 2031
$0
$95
$0
Total 2031
$8
$657
$0
Page 6 of 6
72 of 198
EXHIBIT B
Indian River County Tax Parcel: 31-39-06-00020-0020-00012.0
Legal Description: Lot 12, Block 2, Edgewater Park Subdivision PBI 1-23
73 of 198
Sec. 54-3-15.4. - Parking requirements.
(5) Within the commercial waterfront residential and commercial riverfront zoning districts the
following shall apply:
a. Increases to the floor area of an existing building, construction of a new building having
greater floor area or a change to the approved uses in an existing building, the parking
requirements of this section shall apply. In lieu of meeting these requirements, owners or
developers in the community redevelopment area (CRA) shall be allowed to purchase required
parking spaces by paying a fee in accordance with this subsection (5).
(i) Establishment of riverfront parking trust fund. The riverfront parking trust fund is
hereby established to receive the fee paid by developers in lieu of providing on -
site parking necessary for a project and shall be used only to develop and
maintain public parking within the community redevelopment area east of the
Florida East Coast railroad tracks. This program is available to commercial uses
and properties within the commercial riverfront (CR) and commercial waterfront
residential (CWR) districts only.
(ii) Establishment and calculation of trust fund spaces. The fee amount shall be
calculated on a "per space" standard. Fees shall be determined by the city based
upon the cost of design and construction per parking space. If the city purchases
additional land to be utilized as public parking, then the costs shall include the
acquisition costs. These fees will be adopted by the city council and may be
amended from time to time by resolution.
(iii) Maximum. The maximum number of spaces that may be purchased in this
program is 30 per development.
(iv) Nonexclusive use. Any public parking utilized in this program is not assigned to a
business or to be reserved in any manner. Participating in this program confers no
rights upon the business to place any advertisement, notices or signage upon the
parking spaces the city expressly retains all such rights.
(v) Exceptions. Residential and multifamily uses are excluded from utilizing the parking
trust fund to meet their parking requirements.
74 of 198
Dorri Bosworth
From: msgraham6207@comcast.net
Sent: Thursday, April 15, 2021 11:02 AM
To: Dorri Bosworth; kkilgore@cityofsebastian.org
Subject: Fee in lieu of parking at 807 Indian River Dr.
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments
or clicking links, especially from unknown senders.
Hello, I would like a finance agreement for the three required parking spaces. If possible I would like it
financed for a 10 year period, with monthly payments. Thank you.
Martha Graham
75 of 198
Jh J
3ETLAN
HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: June 23, 2021
Agenda Item Title: Approval of Emergency Replacement of Swing Gear/Swing Motor
& Hydraulic Hoses to Final Drive on Bobcat Excavator.
Recommendation: The Fleet Management Division, on behalf of the Storm Water
Division, recommends that the City Council approve the
emergency replacement of the worn swing gear and swing motor
as well as replacement of all corroded hydraulic hoses to final
drive on the Bobcat excavator with inventory ID# SW 621. The
"Single Source" vendor is Smith Brothers Bobcat of Ft. Pierce.
Backqround: These repairs were necessary in order to maintain the safe and
efficient operating conditions of the machine. This excavator is
primarily used to maintain the City's drainage canals which
requires the machine to operate partly submerged in water in
order to clear earth and vegetation that obstructs the flow of
water. The premature wear and corrosion is in direct correlation
with the working conditions of the machine. It was the opinion of
the Fleet Management Division that these recommended repairs
are cost-effective after considering the age, working hours and
overall condition of this machine.
If Agenda Item Requires Expenditure of Funds:
Proposed Project Expense: $17,612.00
Amount Budgeted in Current FY: $112,293.00
Fund to Be Utilized for Appropriation: Stormwater Revenue Fund
Administrative Services Department Review:
City Attorney Review:
Procurement Division Review, if applicable: L l_
i1
City Manager Authorization.
Date:
Attachments:
1. Quote - Single Source Vendor
2. Determination of Sole Source and Emergency Purchase
76 of 198
OK Bober of me Tresun Cast
as
ship To: CUSTOMER PICKUP IN STORE
Smith Bras Contracting Equipment, Inc.
4405 Prosperity Drive * Fort Pierce, FL 34981
Phone: 772-460-9998 a Fax: 772-248-0742
www.sbequipment.com
Branch I
D t - TREAQL>b�R CQAAT
Date Tune Page
06/07/2021 8:26299 {01 1
Account No. Phone No. Quote N%4
SEEM 07 1 000302
Ship Via Purchase Order
Invoice Tot CITY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN FL 32958 85-8012740157C2 771448
I Salesperson
DRP
RQTTMATE PXPPIRY DATfi: 08/03/2132J
SERVICE ESTIMATE
********* Segment 01 *********
Stock #: C013579 EXCAVATOR MS #: 82VW11552
Make: BC Model: B42
Is to have the following work done
STRUCTURAL-SWING-CIRCLE/BEARING-REPLACE
ADDITIONAL DESCRIPTION:
HRS
1. STRUCTURAL-SWING-CIRCLE/SEARING-REPLACE 24.00
(DO62069000AA)
Quantity xl
24.00
Part#
Description
Qty
Price
Amount
6692961
RING, SLE
1
2762.29
2762.29
7CM1290
SCREW
24
3.76
90.72
1SEM1224
WASHER
24
3.21
77.04
7171918
SCREW
20
2.95
59.00
1SEM1224
WASHER
20
3.21
64.20
FRT
FREIGHT
1
200.00
200.00
Parts:
3253.25
Labor:
5400.00
Authorization:
Subtotal:
8653.25
********* Segment 02 *********
HYDRAULIC -MOTOR -SWING -REPLACE
COMPLAINT:
MULTIPLE HOSES ARE VERY RUSTED AND NEED TO BE REPLACED.
ADDITIONAL DESCRIPTION:
Customer signature indicates agreement to terms and conditions on front and reverse side of this contract.
Curve a vam for 30 days. Deals is not rogueed to honor error in Wft Mkd matskn m prang, c+e" cud pew to dnpdch A 2-hour mahrmrm charge for sReeaadd Sence and IM VO . Plus wrls
uhopmpbte quwee, pno dnnSrs from vendors, suppty . d►Yo" rn costa a other btYd ,="GE: Cyelerner egwprrrm kh ova t0 days b ' dmposairo p �
cmrimm m Eeanhata arc the that charge Troy charge depaaero on addtroaal de rwsl* and vus roe eo be rofeosed nrhW eu rrl storofle tees and r.w.
I"" needs If e6e600ner eleas b approve a Msaospensnre rsp�r option remead at a recommended
overaa syburn repaa a Ne customer don NOT rsca" a vorlrnsnshrP quaMAoo Recanted By:
agarw addtbnae h+Aw.� n fua s due wen completim Isrger Pea regrwe a daoesd
Egupmem is stored at atUomer rat and covered byeus aver insurance The dearerslrp s rat babta SWMkturo
fa tArrsaguertbat or rherdardil damages IN SHOP. NINMI tm t hour Laba/dag11 M apP�d fe ALL
roprra Sthop uhd nrsoeaarreha Np appq MAO SERME: Senior o0s are Quararrtred by Pnrtied Hama
77 of 198
�( Bobcat of We Treasure Coast
Ship To: CUSTOMER PICKUP IN STORE
Smith Bros Contracting Equipment, Inc.
4405 Prosperity Drive • Fort Pierce, FL 34981
Phone: 772-460-9998•Fax: 772-248-0742
VAwwww.sbequipment.com
Branch
Ai - TRRAS ' COAST 1
Date lime I Page
06/07/2021 R_,26;59 to) 2__
Account No. Phone No. Quote Nlb4
SEBASOQ7 1000302
Ship Via Purchase Order
Invoice Tot CITY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN FL 32958 85-8012740157C2 77144
Salesperson
DRP
n5:[.TM-aT9 ENPIRX DATE: Qs/03/2021
SERVICE ESTIMATE
HRS
1. HYDRAULIC -MOTOR -SWING -REPLACE (A045281000AA) 3.00
..=vacs
Quantity x1
Part#
3.00
Description Oty
Price Amount
7025615
MOTOR, SL
1
6132.74
6132.74
7185239
HOSE HYDRAULIC
1
54.11
54.11
7185240
HOSE HYDRAULIC
1
53.22
53.22
7164951
HOSE HYDRAULIC
1
61.96
61.96
7178781
HOSE, HYD
1
61.77
61.77
7178782
HOSE HYDRAULIC
1
70.34
70.34
7178784
HOSE HYDRAULIC
1
67.49
67.49
7178221
HOSE, HYD
4
78.12
312.48
15HBOBOB
FITTING
4
13.03
52.12
7178222
HOSE, HYD
1
99.16
99.16
ISHBO406
FITTING, HYD CO
3
3.68
11.04
6903117
FLUID, HYD 2.5
6
54.27
325.62
6516722
FILTER, OIL HYD
1
12.49
12.49
6666819
FILTER, OIL HYD
1
65.27
65.27
FRT
FREIGHT
1
250.00
250.00
Parts:
7629.81
Labor:
1080.00
Authorization:
Subtotal:
8709.81
********* Segment 03 •a*******
ELECTRICAL -FUEL -FUEL LEVEL SENDER -REPLACE
ADDITIONAL DESCRIPTION:
HRS
1. ELECTRICAL -FUEL -FUEL LEVEL SENDER -REPLACE 1.00
Customer signature indicates agreement to terms and conditions on front and reverse side of this contract.
Ouate A vald lar 30 days Dealerm not few ed w hai a errors m wMe tndudnq mst- k" m PrXii-S
eredd card ppw to "Oda A 2-how minimum charge far Road So vice MW lees WN 8110Y.19M 0a1n
day Storage Fee Egwpmem
rrhearrWlsie gaoMA pnop owl" from verAwk supply pri;W*rna, changes in ererghl eeus or odor
W EsW As and the final charge rimy ehWW dsperdrq on addtlonal diagnoars Ord
taxed STORAGE Customer equipment bit over 10 days s to $101
wt not lobe released unW aubdumkrq atara0akw and repair see P•rd
repay nerds II Watamer elacl{ b Qpprev0 0 bssaxpensae tepee Opmrh maead of a reconvrrnded
overall sysletn tepee or nViaga eea the custornst does NOT tMue a vx wWmnMq gaatamee
Rece,ved By:
agaear addtienal Wlwe Paymerd n as b due upon owrple m. Larger KAs requre a deposit
Srg�tltre
f W .- re�"W p damage.• IN SHOP MinmLm 1 Laborlpugrosoe appeed to ALL
repair. falhop and nuscoUnWA fw% apply. ROAD SERME: Sennee ens we grurardeed a
PnMad Name 78 of 198
�G Bobcat Ofme'1�sure coast
Ship To: CUSTOMER PICKUP IN STORE
Invoice To: CITY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN FL 32958
(E032135000AA)
Quantity
Part#
7286464
6717579
Authorization:
Smith Bros Contracting Equipment, Inc.
4405 Prosperity Drive a Fort Pierce, FL 34981
Phone: 772-460-9998 * Fax:772-248-0742
www.sbequipment.com
Branch I
03 - TREASUt,:S COAST
Date Time I Pape
06/07/2021 q,26,59 (Ol 3
Account No. Phone No. Quete Nlb4
SEBAS007 O+DQ302 _
Ship Via Purchase Order
85-8012740157C2 771448
I Salesperson
DRP
129TTMATR EXPIRY DATE: 08/Qa/202
SERVICE ESTIMATE
X1
1.00
Description Qty Price
Amount
SENSOR, FUEL 1 109.78
109.78
GASKET 1 4.53
4.53
Parts:
114.31
Labor:
135.00
Subtotal:
249.31
Parts:
10997.37
Labor:
6615.00
TOTAL:
17612.37
Customer signature indicates agreement to terms and conditions on front and reverse side of this contract
immiffiwbY
veld [e 30 days Deafer is not roqu.ed 10 honor errata m quota urdu0eg mstalros m prcrrq. crad4 card Wror to dapalch A 2-hear mrumum charge fe Road Servroe and lees *,H a y. ptus pmalr quotes pro changes hom vandms, wpply pro6lans, dranpos rn hal0ht eo«t ar other bdled STORAGE Customer giaAm" nt IM over 10 days a subiact to $101 day StW9aFoo & pn*nl
rrees Es4m¢tos and the 1mW chsrpe may change dependnp en adddionat waprlpM6 and wa r4l to Oo retoased unW WASUndarp aorape fees and ropau riles are pad
eds if cusWrrer elect to apes» a bss�eaperanre repot opson msbad of a recerrnerdMysYm repair a repMcenwrtt tho cuHOner does NOT stave a workrrrirahhw Buuanteo Received By:
d0eaul (dart Payarnt in tue a dw upon Cprrptabon larger Deis reyuve a depotsa (tared at cva0omer risk and eovaed by waterer msuraKa The deatershrp a not haWo S+pneture
querlLal lY n14ddWl rlanepes W $11C?: Mwrknn 1 Mar LAOe/Waprto�c appled To ALLtrap a,d n.aa«aneee tees apply ROAD SERVICE: sernce wa are p wramaee b/ Prrrited Name 79 of 198
civcr
SEBAST'V
�� `;
HOME OF PELICAN ISLAND
TO:
CC:
FROM:
DATE:
SUBJECT:
hTi-tea IC
Procurement Files
City Manager's Office
Administrative Services Department
1225 Main Street
Sebastian, FL 32958
(772) 388-8205
Kenneth W. Killgore — Acting Procurement/Contracts Manager
October 16, 2019
Determination of Sole Source and Emergency Purchase
In accordance with City Code Section 2-10 (c) (3):
"A contract may be awarded for goods or services without competitive bids when the
purchasing officer determines in writing that there is only one practical source for the
required item. Approval shall be in accordance with the dollar threshold established by
this section."
The Stormwater Department's Excavator needed to be repaired as quickly as possible by the Bobcat
Dealer to be able to effectively continue clearing earth and vegetation that obstructs the drainage
canals in preparation for possible Hurricane events. In addition to declaring this as a sole source in
accordance with the above section of the City Code, this is being considered an emergency purchase
in accordance with City Code Section 2-10 (c) (4):
"Where the purchasing officer finds it to be in the best interest of the city, they may
declare the existence of an emergency procurement condition and suspend any or all
provisions of this section. Spending authority under this provision shall not exceed
$25,000.00, however, if a state of emergency covering the city has been declared the
limit shall be raised to $50,000. All emergency purchases over $15,000 shall be
reported to council as soon as practical."
This Memo is being provided for the record to document my determination that the manufacturer's
local dealer known as Smith Bros Contracting Equipment, Inc. is the only one practical source for the
required repairs and that it is in the best interest of the city to declare that an emergency procurement
condition exist.
Kenneth W. Killgore, Acting P6PurementlContracts Manager
END OF DOCUMENT
:1 • •:
QIY of
qFR
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: June 23, 2021
Aqenda Item Title: Sebastian River Art Club
Recommendation: Approve 2021/2022 dates for the Sebastian River Art Club shows at
Riverview Park
Background: Requested dates are from 8:00am until 4:00pm. One rain date is scheduled
for April 2"d if needed.
November 20, 2021
January 29, 2022
February 19, 2022
April 2, 2022 (Rain Date)
If Agenda Item Reauires Exoenditure of Funds:
Budgeted Amount: N/A
Total Cost: NIA
Funds to Be Utilized for Appropriation: N/A
Attachments:
1. Park Use Permit Application
2. Certificate of Liability Insurance
3. Consumers Certificate of Tax Exemption
Administrative Services Department Review: City Attorney Review: i'92!•L�4yLdrL-
Procurement Division Review, if applicable: 1A O
City Manager Auth rization: -
Date:
81 of 198
Date: May 12, 2021
To: Brian Benton, Leisure Services Director
From: Donna Ware, Sebastian River Art Club President
CC: Ron Paul, Leisure Services Assistant
Re: Request for 2021-2022 Sebastian River Art Shows at Riverview Park
The Sebastian River Art Club would like to reserve Riverview Park for the following
dates:
November 20, 2021, January 29, 2022, February 19, 2022, with a rain date of April
2 or 9, 2022.
We have decided to cut back on our show schedule this year, due to aging
members and the status of our budget due to Covid-19 restrictions over the past
year and a half.
We respectfully request the non-profit rate, as we are a non-profit 501(c)3
organization.
Thank you so much for the City's support of our mission of bringing art into the
community.
If you have any questions, please call me directly at 757-999-0331.
Donna Ware, President SRAC
82 of 198
mcf
;0�1_
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN PARK USE PERMIT APPLICATION
1225 Main Street, Sebastian, FL 32958
Parks Phone: (772)228-7054 Fax: (772) 388-8248
mhemandez@cRyofsebastian,org
NO PERSON SHALL DRIVE OR PARK ANY
UNAUTHORIZED VEHICLE ON ANY AREA
WITHIN ANY PARK OR RECREATIONAL
AREA EXCEPT DESIGNATED PARK ROADS
OR PARKING AREAS. ORD. 74--9
DRIVING OR PARKING ANY
UNAUTHORIZED VEHICLE IN THE PARK
AREA WILL RESULT IN FORFEITURE OF
THE SECURITY DEPOSIT -
Donna Ware, President
2, _ 5
Date:
Please check appropriate box:
Pavilion Rental Only "
S100 Security Deposit - $50 (tent plus 6.8% tax - $53.40
/ \ Park Event (75 to 300 anticipated attendees)
$100 Security Deposit - $100 rent plus 6.8% tax - $106.80
Special Event: (301 or more anticipated attendees) '
City Council Approval
$20D Security Deposit - $200 rent plus 6.8% tax - $213.60
*Akohofic Beverage Request for on y event requires City Council Approval
Sebastian River Art Club
!Name of Permittee (permits may only be issued to an adult) blame of organization (if applicable)
1245 Main Street
Physical Address
Sebastian, FL 32958
City State Zip Phone
Riverview Park
Facility (Park or Pavilion) Requested
Nov ;.14'.tj Jan 8-4
Requested Date(s) Time From - To
Mailing Address if Different
sebastianriverartclub.com
E-Mail
75-100
Anticipated Number of Attendees
Rain Date (if applicable)
Will there be any sale of goods?
Yes X No (if yes, please describe type of goods an back)
Will there be food or other vendors?
Yes No X (If yes, please list name, address of each on back with description and
schematic of structures (tents, etc.) to be erected or otherwise assembled on back. (May require Health Dept. or
IRC Fire Dept- permit)
I, Donna Ware the undersigned, acknowledge that I am the applicant or
authorized agent of the above referenced organization. I am aware of the provisions of the City of Sebastian
Codes in respect to this application and use of City facilities for which I have applied for a permit for a Park Event
or Special Event. I have been provided with the general rules prescribed by the City and agree to the terms
thereof. j n
Signature of App rcant
757-999-0331
83 of 198
City of Sebastian
N.Ome of Pelican k air d
Cif.- of Sebastian Municipal Police Department
AnWication fGr PoEee=E_x'tx•s>,.Duty Officer Services
This applicntimi is ruquiecd to engage extra -duty servieos of the requested number of Officers for pe.rblic safety, lrc:alth and
welfare services, Out are In ndditloo to those pro-vidad gepernlly to the publie_ if is Understood that this is a RQn-h'srlding
agreement. A minimum of five (5) dnys:advnnce notice is requevted prior to the service date and udva11ced payment is
required. Cnticalliiflwn (of the detail, with less tfinn 24 hours notlee prior to a miziencement of the datuil, will result in three
(3) hours minimum billing per officer, Poyminit shovid be made praynble to the City of Sebastian, 1223 Win Street,
5elarashan, Floridii 32958,
k,A* (3) Mott: Miulmum Per Eaeli Ofncer-Roquired*l*
Raate Per Hour For Each Offter , ......—.3 40.00
Date Per Hour For Each Supervl5trr...........S45,01)
Rate Per AMile For Eneli VOilcle......... $f1:4S!57.00 Minbutim -'
(?applies to on -site utilization ol'vchick)
Applicant:
iMailing Address:
City; ~ ./ Stare; ZIPCode;
Regoestcd By.
iarrn6er of f i"lice rs : cylai-t c'd; In plilill Clotlies: f �
Starting Date; Ending Date,
Starting Time- Ending'T'im:
Services Requested:
Ser•vlee Locatlow,
Estimated Attendance:
Alcoholic Beverages Served; Yes No Ty ,
Other Comments or Unties:
Dn 1e Received
Reviewed Ky
Captain
U I"f i t er's Signature
Officer's Comments
Cre"Wd 12115 ExtM-Ptagr OJjir"urSerfrlcss (rorntr YO)
A ppllcara's,Signakere
Date Worked 'Giese Worked
85 of 198
CITY OF
11OA11: OF PELICAN IS7. AND
uuu.ulNc DWART.W NI
vita, r 1trV110IO ; m 110
IM" rt.VNSTI UT-SU,ASTMIN, FLORIDA 1N5*
TFI.MIMI: (Ti7; 5f4->P.Z: rAA (m__j Sd 2.%Ob
SPECIAL EVENT / PARK USE ONLY
PERMITTECH. ' 1-'�
PERMIT NO. Z t - i
Application date .8 ' Z
Name of event: k:-r i ") `}'VLL V Cat
C +
Organization holding event:
Address location for event:
(if not owner of site, provide written consent from property owner)
lt l l - /�z( DateZ d i s) of event: (`'I� 2 qL.c- , Times) of Event: from: �Ci to:
Contact person(s): ! o n n LL. ��t i >i Val - Phone(s):
Contact e-mail address: �c� Wire ` rrL&.( • Cu iY�
Date when ready for inspection:
Time:
ee APPLICATION SHALL BE ACCOMPANIED BY A NEATLY DRAWN, LEGIBLE SKECTCH SHOWING SITE LOCATION, SIZES OF ALL TENTS,
LOCATION OF VENDORS, COOKING AREAS, GENERATORS, STRUCTURES OR STAGES, AND TEMPORARY SANITARY FACILITIES.
RESPONSIBLE PARTY FOR THE EVENT SHALL CAREFULLY READ AND INTITIAL EACH BOX OF THE ATTACHED VENDORS SAFETY CHECKLIST
AND SIGN AT THE BOTTOM.
NOTE: ADDITIONAL FEES MAY APPLY IF EVENT REQUIRES AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT FROM INDIAN RIVER COUNIY
FIRE BUREAU. APPLICATIONS ARE AVAILABLE AT INDIAN RIVER COUNTY FIRE BUREAU WEBSITE
ANY TENTS LARGER THAN 12X12 WILL REQUIRE A CERTIFICATE OF FLAME RESISTANCE
SPECIAL EVENT COOKING QUEST�IONAIRE
1. Location of cooking shown on attached sketch? YES/lt� _ N/A V �,�U ) I'(
2. Is any cooking taking place under a tent? If yes, Explain: A) () 7 �—
(No deep frying permitted under a tent) / O
3. Describe Number, type and size of cookers r J(j C••
4. Type(s) of heating source? (LP, Electric, Charcoal, etc.) Ajo A) e-
SPECIAL EVENT SITE INFORMATION
1. Number of On -Site parking stalls utilized (provide a parking plan) A)o A &
12
Z. Is Off -Site or overflow parking available? Explain (provide agreements with property owners) 1/L
1. Number, type and location of proposed restroom facilities: f
2. Number and Type of temporary structure(s): ! l) D A.
3. Temporary electric power? Please check: Yes
Provided By: Portable Generator
If Other, please describe:
4. Providing crowd control, security, or parking assistance?
If yes, please describe:
5. Estimated attendance at peak time:
h1 v t'lx4fa_ ice' ,'.-I" c) -),I S
Size(`s)):
No
Other
Yes No x
Only items that in accordance with applicable Florida Statutes and City Ordinances will be permitted to be sold in the City of
Sebastian. FIREWORKS ARE PROHIBITED FOR RETAIL SALE IN THE CITY OF SEBASTIAN. SPARKLERS AS DEFINED IN F.S. 791 MAY BE
PERMITTED FOR RETAIL SALE PROVIDED A SPECIAL EVENT PERMIT HAS BEEN ISSUED BY THE CITY OF SEBASTIAN.
Any vendor found in non-compliance with the Florida Fire Prevention Code and any associated NFPA may not be able to open
and/or operate until the vendor corrects the code violation(s).
I HAVE READ AND UNDERSTAND THE FORGOING SPECIAL EVENT REQUIREMENTS AND VENDORS SAFETY CHECKLIST
APPLICANT'S SIGNATURE: 61 PRINTED NAME: bw4ja 0Q re-
Approved: Denied: By: Date:
Approved: Denied: By:
City Manager's Signature
Fire Marshars Signature
Fire Safety Specialty Fees
Small Special Event:
One Day / < 25 sites / No cooking or temp. electric / Max tent size 12x12
Reoccurring Special Event:
Non-consecutive but reoccurring one day Special Event
One Day / < 25 sites / May include cooking or temp. electric / Max tent size 12x12
Good for 120 days / Up to 6 per year (may be extended with proper notice)
Large Special Event:
All other Special Events
Date:
NO FEE
$60.00 (per event
depending on # of inspections)
•• ADDITIONAL FEES MAY APPLY FOR AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT THROUGH IRC FIRE RESCUE •'
$60.00
(per event)
87 of 198
CITY OF
I IP11L O]' I'F.LICAI'i ISL11=�'I7
NLHLD"'G 6EPAIITb1EY1
fim rAMN71011 offxl:
e: 25AM : STREET - SEWSTIAn. Fi.M PA 521%5
VENDORS CHECKLIs,r
SPECIAL. EVENT VENDOR REOUIREMENTS
General: Please read caref0v 1 initial each section and sign at the bottom
SPECIAL EVENT NAME: A 7 f /`) T16'. '06
DATE(5) OF EVENT
EVENT COORDINATOR--. P LG L�a�ff
- �t ) If-),yio ,
TENTS: All tents shall have some type of Flame_ Retardant or
6 Resistant Wertilicate (TAG or PAPERWk) an -site and
submitted to the Fire Prevention Mice prior to the event. Shade
canopies smaller than 12x12 without sides may be approved for
use on a case by case basis. Canopies must be spaced a
minimum of 4 fl. apart. No smoking allowed in any tent.
❑ COOKING TENTS: Tents are allowed to have cooking
(APPROVED APPLIANCES) along the outer edges of the tent.
! LIP gas tanks must be secured in place (max cap 201bs.) Fire
Extinguisher must be readily available. Any LP tanks larger than
20 lbs. shall be secured 10 ft. from tents with gas lines secured,
All cooking vendors shall have a 1 Oft, separation from all other
non -cooking vendors. ND DEEP FRYING UNDER TENTS.
FIRE EXTINGUISHERS: It is recommended that every vendor
have an extinguisher. At least one currently certified and tagged,
or within one year of manufacture date, extinguisher is required
every 75 ft along event walkways. All-vendlors.who are cooking
and/or -using generators ere -re uired-to-have.at least one Sib
ABC currently r withal) one-year of
manufacItire, datsl"¢ZA O C} ztirs uisfir, All vendors who
are dee .faUry.ing-areze�ired,lo-h v at"least one currently, :
taggeN{ass K extinguisher.
❑ SEATING: Seating and chair arrangements shall be approved
i by the Fire Prevention Office prior to the event and have a
minimum of aft. wide walkways to all exits in the tent. Tents with
an occupant load of over 49 require a minimum of 2 exits.
❑ LARGE TENTS: For tents, 20x2O or larger where enclosures
are used (sides), exits shalt have exit signage. If a tent is used
at night, exit signs will have attached emergency lighting and be
AC and DC powered. 20x2O or larger tents must have NO
SMOKING signs.
❑ OPEN FLAMES: Any unauthorized open flames, fireworks or
fuel -fired tighting or devices are prohibited in any tent or similar
All vendors shall be responsible for the following items:
VENDOR NAME: a `al /"I !J6x'p—
VENDOR CONTACT: av j l7d LVLIre-
enclosure unless prior approval from the Fire Prevention Office
is obtained.
SPECIAL EVENT PEtRitiff N0._--
❑ STORAGE: Use or handling of flammable liquids or gases shall
be prohibited at the site unless specifically approved and
Inspected by the Fire Prevention Office.
❑ FLOORIDECOR, No hay, straw, shavings or similar materials
shall be permitted to be used within any structure, tent or
canopy. Exceptions: Pre -approved Dame retardant treated
materials or livestock beddingifodder.
f�i, _41.'t:_
❑ GENERATORS: Generators shall be on level ground, secured,
and safety arranged and isolated from the occupants/general
public. Exhaust shall be directed away from combustible
material(s), people and/or animals. Spare fuel shall be stored in
an approved container at a safe distance from the generator.
NO HOT FUELING. Fire extinguisher required.
0 ELECTRIC: wiring and lighting shall be free of damage. Alt
electdcal equipment shall be isolated from the
occupants/general public in a safe manner. All electrical
connections and devices shall be in approved enclosures.
❑ COOKING: All food cooking concession trucks, trailers, and
structures of rigid construction are required to have a currently
tagged commercial ventilation and extirguishment/suppression
systems it required per the FFPC and NFPA 96.
Cafe References: Florida Fire Prevention Code (FFPQ, NFPA 1,
NFPA 96, NFPA 70, NFPA 101, & NFPA 102.
Any vendor(s) found not complying with any of the
checklist items may not be allowed to open and/or operate
until compliance is matte.
f have read and vriderstand tare above vendor reoulrernoWs
for this Special went
A.114
Responsible Parry In Charge of Special Event
Client#:1426830 SEBASRIV2
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MwmurrrY)
1r26no21
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE BOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WANED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODIN:ER I NAYS t r Lisa Kipcakli
USI Insurance Services LLC PHONE
FAX
2502 N Rocky Point Dr. Suite 400 Ell- 813.66G-8925 I IAA. N,1, 484-652'5239
A� lisa.kipcakliQuai.com
Tampa, FL 33607
INSURERIB►AFFORDING COVERAGE NAIC i
INSURER A-. Twin City Fire Insurance Company nt59
INSURED � WSURERB:
Sebastian River Art Club Inc.
INSURER C :
1245 Main St I
INSURER D :
Sebastian, FL 32958
' I INsuRrst E
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEE d REDUCED -Y PAID CLAIMS.
L"TR TYPE OF INSURANCE POLICY NUMBER aYWD RIn laal AK UMTs
A X cOMMERCIJILOEN8mUA8mm 21SBMRS1750 32/23/2021 OW23120 s1,000.000
CLAIMS#IADE (OCCUR pmm , $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY F� JECPROT 7 LC>C
OTHER:
Al1TOMOBI1.E I Mail ITY
ANY AUTO
ZONLY
SCHEDULED
ALTOS
NON40WNED
ONLY AUTOS ONLY
UMBRELLA LLA OCCUR
EXCESS LLAB CLAIMS -MADE
OED I I RFTENTION S
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
ANY PROPRtETORIPARTNERfEXECUTiVE
OFFtCERlMEMBER FXCLUDED9 N I A
(Mandan y In NH)
under
=XW
OF OPERATIONS below
MED EXP (Airy one person) $10,000
PERSONAL & ADV IN.JIRY $1,000,000
GENERAL AGGREGATE $2,000,000
PRODUCTS -compioPAGG s2,000,000
COMBINED SINGLE LDAT(AI118011 s
BODILY INJURY (Pet person) S
BODILY INJURY (Per awderd) s
/Per eetJdeMl
s
EAC 31 OCCURRENCE
AGGREGATE
I� I7E I _ IFRTH-
E.L. EACH ACCIDENT s
E.L. DISEASE - EA EMPLOYEE S
E.L. DISEASE -POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AGGRO im, Adamonsl Remade schedule, may be amclnd D mow space to rumuw)
CERTIFICATE HOLDER CANCELLATION
C of Sebastian SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EIEFORE
City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
1225 Main St ACCORDANCE WITH THE POLICY PROVISIONS.
Sebastian, FL 32958
AUTHORUM REPRESENTATIVE
01988-2015 ACORD CORPORATION. All rights ntserved.
ACORD 25 (2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S31032469AN31032466 DYSZS
04104 9
Consumer's Certificate of Exemption
Issued Pursuant to Chapter 212, Florida Statutes
I 85.8017752775C-2 I 03/27/2019
Certificate Number Effective Rate
This certifies that
SEBASTIAN WEIR ART CLUB INC
1245 MAIN ST
SEBASTIAN FL 329584165
DR-14
R. 01/18
03/31/2024 I 501(C)(3) ORGANI7.ATION
Expiration Date Exemption Category
Is exempt from the payment of Florida sates and use tax on real property rented, hwslent rental property rented, tangible
personal property purchased or rented, or services purchased.
DR-14
Important Information for Exempt Organizations R.01/1s
t1Ul;l0A
You must provide all vendors and suppliers with an exempton certificate before making tax-exempt purchases.
See Rule 12A-1.038, Florida Administrative Code (FA-C.).
2. Your Consumer's Cerdf/cate of ExempBon is to be used solely by your crganization for your organization's
customary nonprofit activities.
3. Purchases made by an Individual on behalf of the organization are taxable, even If the Individual will be
reimbursed by the organization.
4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible
personal property, sleeping accommodations, or other real property Is taxable. Your organization must register,
and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this
requirement except when they are the lessor of real property (Rule 12A-1.070, F.A.C.).
5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no
circumstances should this certificate be used for the personal benefit of any individual. Violators will be Ilabkt for
payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree
felony. Any violation will require the revocation of this certificate.
B. If you have questions about your exemption certificate, please call Taxpayer Services at 850-48"800. The
mailing address Is PO Box 6480, Tallahassee, FL 32314-8480.
90 of 198
an tl
S.BASTIAN
HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
Council Meeting Date: June 23, 2021
Aqenda Item Title: Community Development Block Grant (CDBG) Annual Action
Plan for FY 2021/2022 Public Hearing and Adoption of
Resolution No. R-21-10
Recommendation: Staff recommends approval of the Community Development
Block Grant (CDBG) Annual Action Plan for FY 2021/2022
through the adoption of Resolution No. R-21-10
Background:
On May 13, 2021, the City of Sebastian received notification of Fiscal Year (FY) 2021
allocations for the CDBG program through the Office of Community Planning and
Developments (CPD) formula programs in the amount of $133,517. The allocated funding
will be incorporated into the established Home Repair/Rehabilitation program for Veterans,
Elderly and the Disabled. Including this funding into the existing program will save time and
resources in making these funds more readily available. The City is required to adopt an
Annual Action Plan for the expenditure of allocated funds in accordance with the 5-year
Consolidated Plan adopted on August 15, 2019. HUD requires receipt of the 2021 Action
Plan on or about December 16, 2021.
ACTION PLAN FOR 2021/2022:
Community Development Block Grant $133,517.00
PROPOSED ALLOCATIONS
Home Repair Program for Veterans, Elderly and Disabled $106,813.60
Administration $ 26,703.40
HUD allows up to 20% for administration costs for the program. The estimated amount to
benefit low- and moderate -income persons for the CDBG Program is 80%. Funds not
dispersed within the annual allocation must be spent within three (3) years.
The City expects no displacement of families, individuals, or businesses to occur as a result
of the activities. Should displacement occur as a result of any project or activity, the City will
follow the regulations of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended. The Action Plan has been developed using an estimate
of the amount of 2021 CDBG entitlement funding that the City anticipates receiving from the
U.S. Department of Housing and Urban Development (HUD). Funding amount revisions will
be made to the activities in the Action Plan should the exact amount of funding awarded by
HUD differ from this estimate. Priority activities will remain the same regardless of the
amount of funding received from HUD. The City will adhere to the Citizen Participation Plan
amendment requirements if an activity will be added to or cancelled from the Action Plan.
The City may also use unprogrammed CDBG monies to fund 2021 CDBG activities as
needed or/or until the 2021 funds are made available from HUD.
There were no comments presented to the Community Development Department in regards
to the allocation of funds during the 14 day commenting period.
91 of 198
Resolution No. R-21-10 provides for the approval of: (1) Approves the 2021/2022
Annual Action Plan; (2) and authorizes the City Manager to execute and transmit all
required documents to the U.S. Department of Housing and Urban Development.
Attachments
1. Resolution No. R-21-10
2. Annual Action Plan (FY 2021 \2022)
3 Public Notice
4. HUD Award Letter
5. Power Point Presentation
Administrative Servioes Department Review: In w
City Attorney Review: RrL6tL/,
Procurement Division Review, if applicable:
City Manager Authorization:
Date:
f
92 of 198
RESOLUTION NO. R-21-10
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2021/2022 ANNUAL
ACTION PLAN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND
TRANSMIT ALL DOCUMENTS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the U.S. Department of Housing and Urban Development Fiscal Year 2021 allocations
from the Office of Community Planning and Development's (CPD) formula programs; which provide
funding for housing, community and economic development activities, and assistance for low- and
moderate -income persons and special needs populations; for the City of Sebastian in the amount of
$133,517; and
WHEREAS, the City of Sebastian has prepared the 2021/2022 Annual Action Plan pursuant to all
requirements of the U.S. Department of Housing and Urban Development; and
WHEREAS, Notice of the Public Hearing regarding the Annual Action Plan was published in a
newspaper of general circulation; and
WHEREAS, the Annual Action Plan was made available for review and comments prior to the
adoption by City Council at City Hall and on the City website; and
WHEREAS, the City of Sebastian conducted a public hearing on June 23, 2021, for citizen review
and comment; and
WHEREAS, the proposed CDBG projects and activities are consistent with the U.S. Housing and
Urban Development's National Objectives.
NOW THEREFORE, THE CITY OF SEBASTIAN HEREBY DETERMINES, FINDS, AND RESOLVES AS
FOLLOWS:
Section 1. (1) Approves the 2021/2022 Annual Action Plan; (2) and authorizes the City Manager
to execute and transmit all required documents to the U.S. Department of Housing and Urban
Development.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered
and corrections of typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of further action of the City Council by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE. This resolution shall become effective upon adoption.
93 of 198
The forgoing Resolution was moved for adoption by . The motion was
seconded by and, upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Jim Hill
Council Member Fred Jones
Council Member Christopher Nunn
Council Member Bob McPartlan
The Mayor thereupon declared this Resolution duly passed and adopted this 23`d day of June 2021.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
By:
Ed Dodd, Mayor
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
Manny Anon, Jr., City Attorney
94 of 198
ANNUAL ACTION PLAN 2021-22
CITY OF
SEBAS
HOME OF PELICAN ISLAND
ANNUAL ACTION PLAN 2021-2022
Prepared by:
Guardian CRM Inc
City of Sebastian Annual Action Plan 2021-2022
95 of 198
ANNUAL ACTION PLAN 2021-22
I. EXECUTIVE SUMMARY
The City of Sebastian Community Development Department is pleased to present the third Annual Action Plan for 2021-
2022. This plan addresses programs for the Community Development Block Grant (CDBG) funding provided by the U.S.
Department of Housing and Urban Development and identifies the second programmatic year specific objectives and
outcomes.
To provide a suitable livine environment
This includes improving the safety and livability of neighborhoods; increasing access to quality facilities and
services; reducing the isolation of income groups within areas by de -concentrating housing opportunities and
revitalizing deteriorating neighborhoods; restoring and preserving natural and physical features of special value
for historical, architectural, or aesthetic reasons; and conserving energy resources.
To provide decent housine
Included within this broad goal are the following: assist homeless persons in obtaining affordable housing;
retain the affordable housing stock; increase the availability of permanent housing that is affordable to low- and
moderate -income residents without discrimination; and increase supportive housing the includes structural
features and services to enable persons with special needs to live in dignity.
To expand economic opportunities
Within this goal are creating jobs accessible to low and very low-income persons; providing access to credit for
community development that promotes long term economic and social viability; and empowering low- income
persons in federally assisted or public housing to achieve self sufficiency.
II. CITIZEN PARTICIPATION
This plan was created through consultation with various agencies and public hearings open to the public for comment on
the needs of low- to moderate -income persons in the City. There was a public hearing and a public notice comment period
where the plan was posted on the official website. The City also recently did a city-wide needs survey and preserving
housing stock was a high priority. Moving all the funds to housing means that the City will achieve 100% LMI benefit
which helps in the overall 5-year goal of benefiting LMI with 70% of the funds.
The City has not received any written comments relative to the CDBG program, and if any are received, they will be
documented in future Action Plans.
III. RESOURCES
The City is slated to receive an allocation for the CDBG program for FY2021-22 of $133,517.
Table 1: Funding Sources
Funding Source Amount
Community Development Block Grant I $133,517
IV. ANNUAL OBJECTIVES
The City wishes to keep the program simple to meet the national objective of benefiting low to moderate income persons
through housing and eliminating blighted/deteriorated public facilities.
The goals and objectives to be carried out during the action plan period are indicated by placing a check in the following
boxes:
City of Sebastian Annual Action Plan 2021-2022 2
96 of 198
41
0
0
ANNUAL ACTION PLAN 2021-22
Objective Category ❑ Objective Category: ❑ Objective Category:
Decent Housing Suitable Living Expanded Economic
Environment Opportunities
Which includes:
assisting homeless persons ❑
obtain affordable housing
assisting persons at risk of ❑
becoming homeless
retaining the affordable ❑
housing stock
increasing the availability of
affordable permanent
housing in standard
condition to low-income and
moderate -income families,
particularly to members of
disadvantaged minorities
without discrimination based
on race, color, religion, sex,
national origin, familial
status, or disability
increasing the supply of
supportive housing which
includes structural features
and services to enable
persons with special needs
(including persons with
111WADOS) to live in
dignity and independence
providing affordable housing
that is accessible to job
opportunities
Table 2: 2021 CDBG Activities
Which includes:
improving the safety and
livability of neighborhoods
eliminating blighting
influences and the
deterioration of property
and facilities
increasing the access to
quality public and private
facilities
reducing the isolation of
income groups within areas
through spatial
deconcentration of housing
opportunities for lower
income persons and the
revitalization of
deteriorating neighborhoods
restoring and preserving
properties of special
historic, architectural, or
aesthetic value
Which includes:
❑ job creation and retention
El
0
U
In
❑ conserving energy resources ❑
and use of renewable energy
sources
Activity
Home Repair Program for Veterans, Elderly and Disabled
Administration
TOTAL
establishment, stabilization,
and expansion of small
business (including micro -
businesses)
the provision of public
services concerned with
employment
the provision of jobs to
low-income persons living
in areas affected by those
programs and activities
under programs covered by
the plan
availability of mortgage
financing for low-income
persons at reasonable rates
using non-discriminatory
lending practices
access to capital and credit
for development activities
that promote the long-term
economic social viability of
the community
Amount
$106,813.60
$26,703.40
$133,517.00
The City of Sebastian's Community Development Department staff is the lead agency for the development and
implementation of the Consolidated Plan and the Annual Action Plan. The staff, stakeholders, and the City Council itself
have all worked in cooperation for the development of the plan.
City of Sebastian Annual Action Plan 2021-2022
3
97 of 198
ANNUAL ACTION PLAN 2021-22
V. DESCRIPTION OF ACTIVITIES
PROJECT 1— HOME REPAIR PROGRAM FOR VETERANS, ELDERLY AND THE DISABLED
City Wide application for LMI Veterans, Elderly and the Disabled
1. Description: Provision of home rehabilitation work targets; veterans, the elderly and the disabled. This will be the
only activity this year due to cost of addressing safe, health, and code compliant homes. Home rehab applicants
must undergo a rigorous income qualification to be eligible. Six (6) homes have been qualified. During the
COVID outbreak, the cost of materials and construction has increased. There is more need than was budgeted so
the City will narrow the current scopes of work to health and safety priorities and then allow the applicants to
reapply for more repairs in future years to be as fair as possible and assist all six applicants.
2. Completion date: September 30, 2024
3. Service Area: City-wide
4. Outcome Indicator: Rehab 3 LMI Households for Code, Safety and ADA needs
5. Outcome Statement: No major findings, and timely expenditure of funds. Benefit to 3 LMI households.
VI. GEOGRAPHIC DISTRIBUTION/ALLOCATION PRIORITIES
To further the objectives of the grant, it is necessary to identify the location of neighborhoods by Block Groups where
most households are very- low, low- or moderate- income households.
The Block Groups that have a population where the percent of low- income households is greater than 50% are illustrated
on the map below and are listed as:
• Block Group 3 of Census Tract 508.08 (55.92% LMI)
• Block Group 2 of Census Tract 508.06 (54.75% LMI)
• Block Group 1 of Census Tract 508.08 (60.26% LMI)
• Block Group 1 of Census Tract 508.06 (54.22% LMI)
• Block Group 2 of Census Tract 508.05 (50.51% LMI)
Refer to the Consolidated Plan Chapter 1 for census tract maps.
VII. ANNUAL AFFORDABLE HOUSING GOALS
The City will support the Indian River County's established goals relative to housing. The City seeks to support
the County's use SHIP and other state funded programs developed through Housing Trust Funds for the provision
of affordable housing.
VIII. PUBLIC HOUSING
The City will participate in any Public Housing needs assessment process to address needs and planned activities.
IX. HOMELESS AND SPECIAL NEEDS
The City of Sebastian does not receive public or private funds to address homeless needs. However, the City will
provide technical assistance and staff support to the Treasure Coast Homeless Services Council.
X. BARRIERS TO AFFORDABLE HOUSING
The City will continue to support Comprehensive Plan and Land Development Code changes that address housing
needs identified:
• Regulatory barriers including zoning regulations and impact fees.
• Need for additional affordable housing units.
City of Sebastian Annual Action Plan 2021-2022 4
ANNUAL ACTION PLAN 2021-22
Strategies to remove these regulatory barriers include changing regulations to allocate density bonuses for
developments that will build affordable units. Also, local municipalities may choose to refund impact fees and
other fees like building permit fees. The Shimberg Center projects that over the next five, ten, fifteen years the
need for housing, while affordable in Sebastian will continue to grow. The projected needs based upon
households paying 50% or more of their income for housing costs.
Refer to the Consolidated Plan Chapter 2 for Shimberg Center the projected affordable housing need.
XI. OTHER ACTIONS
Antipoverty strategy
The City will coordinate with various agencies whenever possible for activities like employment outreach and
training to respond to individuals and families.
Lead Based Paint
The City will continue to coordinate with the State Department of Health whenever to ensure that structures in the
housing program (as applicable) with lead based painted are properly remediated.
XII. CDBG PROGRAM SPECIFIC REQUIREMENTS
Of primary note, the City does not expect to generate or receive any program income from CDBG funded
projects. There is not any program income received in a preceding year program. The City does not have a
Section 108 loan.
Surplus funds are not applicable in this annual action plan.
There are no CDBG grant funds unexpended from a prior year.
There is not income from float -funded activities.
None of the projects listed in this action plan are categorized as "Urgent Need" per the HUD regulations.
The City will ensure that over a three-year period, 70% of CDBG funds are utilized for activities that benefit low -
and moderate- income persons.
City of Sebastian Annual Action Plan 2021-2022
99 of 198
CITY OF SEBASTIAN, FLORIDA
PUBLIC COMMENT PERIOD NOTICE
2021 /2022 CDBG ACTION PLAN
The City of Sebastian is adopting the Annual Action Plan for entitlement Community Development
Block Grant (CDBG) requirements. The City is seeking input from potential stakeholders and the
public on the needs of low-income citizens. Approximately $133,517 of regular CDBG funding is
available to the City for improvements that benefit low-income citizens of the City. These fiends
must be used for one of the following purposes:
1. To benefit low-income persons; or
2. To aid in the prevention or elimination of slums or blight; or
3. To meet other community development needs of a particular urgency because existing
conditions pose a serious and immediate threat to the health or welfare of the community.
A public hearing will be held on June 23, 2021, in City Council Chambers at 1225 Main Street Sebastian,
Florida 32958 at 6:OOPM or as soon as may be heard thereafter, for community organizations and the public
to provide input into the action plan after the public hearing. A draft plan has been developed based upon
those comments. Based on the public and staff input the activities proposed include needed housing repairs
for veterans, elderly, and special needs. The rising cost of construction and the number of applicants for
these limited funds has led the City to apply all funds to owner occupied housing rehabilitation. The focus is
veterans, elderly and the disabled. Repairs for code, safety and health can be eligible. This will also help the
City meet its goal of spending 70% of CDBG funds on LMI benefit.
The public is invited to review the draft action plan posted on the web at www.citvofsebastian.Ora
or to view hard copy by contacting Ms. Lisa Frazier, Community Development Director at phone:
(772) 388-8228 or email: lfrazier(&,,citvofsebastian.orv,. Written comments can be provided to Ms.
Lisa Frazier by July 22, 2021.
City of Sebastian
City Council
Fair Housing/Disability Access Jurisdiction and Equal Opportunity Employer
100 of 198
�IAEN I G,
rt� 9
wW GG
9B�N CtvE�Ot
OFFICE OF COMMUNITY PLANNING
AND DEVELOPMENT
The Honorable Ed Dodd
Mayor of Sebastian City
1225 Main Street
Sebastian, FL 32958
Dear Mayor Dodd:
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-7000
May 13, 2021
I am pleased to inform you of your jurisdiction's Fiscal Year (FY) 2021 allocations for the
Office of Community Planning and Development's (CPD) formula programs, which provide
funding for housing, community and economic development activities, and assistance for low- and
moderate -income persons and special needs populations across the country. Public Law 116-260
includes FY 2021 funding for these programs. Please note that this letter reflects a revised amount
for the Community Development Block Grant and Section 108 borrowing authority. Your
jurisdiction's FY 2021 available amounts are as follows:
Community Development Block Grant (CDBG) $133,517
Recovery Housing Program (RHP) $0
HOME Investment Partnerships (HOME) $0
Housing Opportunities for Persons With AIDS (HOPWA) $0
Emergency Solutions Grant (ESG) $0
Individuals and families across the country are struggling in the face of four converging
crises: the COVID-19 pandemic, the resulting economic crisis, climate change, and racial inequity.
Through these bedrock programs, CPD seeks to develop strong communities by promoting
integrated approaches that provide decent housing and suitable living environments while
expanding economic opportunities for low- and moderate -income and special needs populations,
including people living with HIV/AIDS. We urge grantees to strategically plan the disbursement of
grant funds to provide relief for those affected by these converging crises and help move our
country toward a robust recovery.
Based on your jurisdiction's CDBG allocation for this year, you also have $667,585 in
available Section 108 borrowing authority. Since Section 108 loans are federally guaranteed, this
program can leverage your jurisdiction's existing CDBG funding to access low -interest, long-term
financing to invest in Opportunity Zones or other target areas in your jurisdiction.
HUD continues to emphasize the importance of effective performance measurements in all its
formula grant programs. Proper reporting in the Integrated Disbursement and Information System
(IDIS) is critical to ensure grantees comply with program requirements and policies, provide
demographic and income information about the persons that benefited from a community's
activities, and participate in HUD -directed grantee monitoring. Your ongoing attention to ensuring
www.hud.gov espanol.hud.gov
101 of 198
complete and accurate reporting of performance measurement data continues to be an invaluable
resource with regard to the impact of these formula grant programs.
The Office of Community Planning and Development is looking forward to working with you
to promote simple steps that will enhance the performance of these critical programs and
successfully meet the challenges that our communities face. If you or any member of your staff have
questions, please contact your local CPD Office Director.
Sincerely,
FIIT-
James Arthur Jemison II
Principal Deputy Assistant Secretary
for Community Planning and Development
102 of 198
Jn
SE rLINN
HOME OF PELICAN ISLAM
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: June 23, 2021
Agenda Item Title: Second Reading of Ordinance 0-21-01 providing for the transmittal of the
City of Sebastian Adopted Comprehensive Plan 2040 in accordance with the
State Coordinated Review Amendment Process Section 163.3184(2) and (4),
Florida Statutes
Recommendation: Adopt Ordinance 0-21-01 on Second Reading providing for the transmittal
of the Adopted City of Sebastian Comprehensive Plan 2040
Backqround: The City of Sebastian has amended the City of Sebastian's Comprehensive
Plan in its entirety, excluding the Economic Development Element, in accordance with Chapter 163.3184
and has conducted the required public hearings to receive citizen input. The Comprehensive Plan contains
goals, objectives, and policies to guide the development of the City of Sebastian through the year 2(140,
addressing land uses, transportation & mobility, housing, infrastructure, conservation & coastal management,
parks, recreation & open space, governance & implementation, and public schools elements.
Following the City Council's review and consideration of all relevant evidence, information and testimony at
this public hearing, staff requests the approval of Ordinance 0-21-01 on second reading (Attachment 1). The
City of Sebastian shall transmit within ten (10) working days the Approved Comprehensive Plan 21D40
11E1)S://WVJw.city
ofsebaStiaii.ol' DocuiiiexitCeiitoi- Vl-:i`,:
CombinedPlan FINAL 06152021?b1d1d, along with the DEO ORC report and proposed response letter
(Attachment 2), to the State Planning Agency and any other agency or local government that provided timely
comments. Within 30 days after the local government adopts the plan amendment, if no challenge is filed, the
amendment becomes effective after the DEO notifies the local government that the amendment package is
complete.
Staff is prepared to answer any questions regarding the amended plan and request approval to proceed with
the transmittal process. Please find all relevant documents on the city website at www.cityofsebastian.org.
If Agenda Item Requires Expenditure of Funds;
Budgeted Amount:
Total Cost:
Funds to Be Utilized for Appropriation:
Attachments:
1. Ordinance 0-21-01 Comprehensive Plan 2040
2. DEO ORC Report and Proposed COS Response Letter June 2021
Administrative Services Department Review'1
City Attorney Review:
Procurement Division Review, If applicable:
City Manager thorization:
Date:
109 of 198
ORDINANCE NO.0-21-01
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY OF
SEBASTIAN COMPREHENSIVE PLAN IN ITS ENTIRETY, EXCLUDING THE
ECONOMIC DEVELOPMENT ELEMENT, PURSUANT TO 163.3194 (3), FLORIDA
STATUTES; PROVIDING FOR ADOPTION OF THE CITY OF SEBASTIAN
COMPREHENSIVE PLAN 2040, INCLUDING AMENDMENTS TO THE LAND USE
ELEMENT AND THE FUTURE LAND USE MAP, THE TRANSPORTATION &
MOBILITY ELEMENT, THE HOUSING ELEMENT, THE INFRASTRUCTURE
ELEMENT, THE CONSERVATION & COASTAL MANAGEMENT ELEMENT, THE
PARKS, RECREATION, & OPEN SPACE ELEMENT, THE GOVERNANCE &
IMPLEMENTATION ELEMENT, AND THE PUBLIC SCHOOLS ELEMENT;
INCLUSIVE OF ALL ASSOCIATED TABLES, EXHIBITS AND MAPS; AUTHORIZING
FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR TRANSMITTAL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES
INCONSISTENTWTTH THIS ORDINANCE; PROVIDING FOR SCRIVENER'S ERRORS;
AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, The City of Sebastian, Florida, has adopted a comprehensive plan by Ordinance 0-98-01 and
subsequently amended by Ordinance 0-08-10,; and
WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the City of Sebastian's
Comprehensive Plan in its entirety, excluding the Economic Development Element, in accordance with Chapter
163.3184(3); and,
WHEREAS, the City Council has provided notice of the proposed Comprehensive Plan 2040 Amendment and
has conducted the required public hearings to receive citizen input; and,
WHEREAS, the Comprehensive Plan contains goals, objectives, and policies to guide the development of the
City of Sebastian through the year 2040, addressing land uses, transportation & mobility, housing, infrastn,icture,
conservation & coastal management, parks, recreation & open space, governance & implementation, and public schools
elements; and,
WHEREAS, the Planning and Zoning Commission of the City of Sebastian, acting as the local Planning
Agency, held a public hearing at its duly noticed October 15, 2020 public meeting to consider the proposed
Comprehensive Plan amendment and recommended that City Council adopt the same; and,
WHEREAS, the City Council has reviewed and considered all relevant evidence, information and testimony, as
well as the recommendations of the Planning and Zoning Board, witnesses, the public, and City staff and has determined
that the proposed amendment is in compliance with Chapters 163.3184 and 166.041, Florida Statutes; and,
WHEREAS, the adoption of the City's Comprehensive Plan furthers the health, safety and welfare of its citizens,
local businesses and visitors of the City; and,
WHEREAS, all the necessary hearings and public notices, in conformity with the procedural and substantive
requirements of Florida Statutes and the Comprehensive Plan have been complied with.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. Ratification of Recitals. The City Council of the City of Sebastian, Florida, hereby adopts and ratifies those
matters as set forth in the foregoing recitals.
Section 2. Comorehensive Ulan amendment. The amendment to the City of Sebastian Comprehensive Plan 2040 is
110 of 198
hereby adopted amending the Goals, Objectives & Policies and Data Inventory & Analysis, including the Future Land Use
Map incorporated by reference, for the following elements: Land Use, Transportation & Mobility, Housing, Infrastructure,
Conservation & Coastal Management, Parks, Recreation & Open Space, Governance & Implementation, and Public
Schools, as set forth in the attached Exhibit "A". A certified copy of the Sebastian Comprehensive Plan 2040 shall be
located in the City Clerk's office.
Section 3. Transmittal, The City of Sebastian shall transmit within ten (10) working days, the amendment or
amendments and appropriate supporting data and analyses to the reviewing agencies in accordance with 163.3184(3)(b)1,
Florida Statute, and as specified in the State Land Planning Agency's procedural rules.. Also, the City of Sebastian shall
transmit a copy of the amendments and supporting data and analyses to any other local government or governmental
agency that has filed a written request with the City of Sebastian.
Section 4. Severabilit%. The provisions of this Ordinance are intended to be severable. If any provision of this
Ordinance is determined to void or declared illegal, invalid, or unconstitutional by a court of competent jurisdiction, the
remainder of this Ordinance shall remain in full force and effect.
Section 5. Repeal of Laws in Conflict. If any ordinances, or parts of ordinances, or if any sections, or parts of sections,
of the Ordinances of the City of Sebastian, Florida, are in conflict herewith, this Ordinance shall control to the extent of
the conflicting provisions.
Section 6. Scrivener's Errors. Sections of this Ordinance may be renumbered or re -lettered and corrections of
typographical errors, which do not affect the intent, may be authorized by the City Manager, or the City Manager's
designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk.
Section 7. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be
thirty-one (31) days after the state land planning agency notifies the City of Sebastian that the plan amendment package is
complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the
Administration Commission enters a final order determining the adopted amendment to be in compliance in accordance
with 166.3184 (3)(c)(4), Florida Statute. No development orders, development permits, or land uses dependent on this
amendment may be issued or commence before it has become effective_ If a final order of noncompliance is issued by the
Administration Commission this amendment may nevertheless be made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the state land planning agency.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this _ 27th day of January , 2021, by
Council Member Hi11 _ The motion was seconded by Council Member Jones_ and,
upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Jim Hill
Council Member Fred Jones
Council Member Bob McPartlan
Council Member Chris Nunn
aye
aye _.
aye
aye
aye
ATTEST:
.teanette William, MMC
City Clerk
111 of 198
ADOPTION
The foregoing Ordinance was moved for adoption by Council Member . The motion was seconded by
Council Member and, upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Jim Hill
Council Member Fred Jones
Council Member Bob McPartlan
Council Member Chris Nunn
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
2021.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
LN
Ed Dodd, Mayor
Approved as to form and legality for
Reliance by the City of Sebastian only:
Manny Anon, Jr., City Attorney
This ordinance is effective the day of , 2021, concurrent with the issuance of the Notice of Intent
finding the amendment in compliance by the Florida Department of Economic Opportunities.
112 of 198
Ron DeSands
GOVERNOR
The Honorable Ed Dodd
Mayor, City of Sebastian
Sebastian City Hall
1225 Main Street
Sebastian, Florida 32958
Dear Mayor Dodd:
L) 16
FLORIDA DEPARTMENTnf
ECONOMIC OPPORTUNITY
April 16, 2021
Dane Eagle
EXECUTIVE DIRECTOR
The Department of Economic Opportunity ("Department") has completed its review of
the proposed comprehensive plan amendment for the City of Sebastian (Amendment No. 21-
01ER), which was received and determined complete on February 17, 2021. We have reviewed
the proposed amendment in accordance with the state coordinated review process set forth in
Sections 163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part II,
F.S.
The attached Objections, Recommendations, and Comments Report outlines our
findings concerning the amendment. We have identified an objection and have included
recommendations regarding measures that can be taken to address the objection. We are also
providing seven (7) comments. The comments are offered to assist the local government but
will not form the basis for a determination of whether the amendment, if adopted, is "In
Compliance" as defined in Section 163.3184(1)(b), F.S. Copies of comments, received by the
Department from reviewing agencies, if any, are also enclosed.
The City should act by choosing to adopt, adopt with changes, or not adopt the
proposed amendment. For your assistance, we have enclosed the procedures for final adoption
and transmittal of the comprehensive plan amendment. The second public hearing, which shall
be a hearing on whetherto adopt one or more comprehensive plan amendments, must be held
within 180 days of your receipt of the Department's attached report, or the amendment will be
deemed withdrawn unless extended by agreement with notice to the Department and any
affected party that provided comment on the amendment pursuant to Section
163.3184(4)(e)1., F.S.
Florida Department of Economic Opportunity l Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399
850.245,71051 www.FioridaJobs.or!l
www.twitter.com/FLDEO lwwwJacebook.com/FLDEO
EO
An equal opportunity employeriprogram, Auxiliary aids and service are available upon request to individuals with
disabilities. All voice telephone numbers on this document may be reached by persons using TTYITTD equipment via
the Florida Relay Service at 711.
113 of 198
The Honorable Mayor Dodd
April 16, 2021
Page 2of2
Department staff is available to assist the City to address the objection and comments. if
you have any questions related to this review, please contact Wisnerson Benoit, Planning
Analyst, by telephone at (850) 717-8524 or by email at Wisnerson.Benoit@deo.myflorida.com.
Sincer ly,
mes D. Stansbury, Chief
Bureau of Community Planning and Growth
JDS/ wb
Enclosures: Objections, Recommendations, and Comments Report
Procedures for Adoption
Reviewing Agency Comments
cc: Lisa Frazier, Community Development Director, City of Sebastian
Thomas Lanahan, Executive Director, Treasure Coast Regional Planning Council
114 of 198
Objections, Recommendations and Comments Report
Proposed Comprehensive Plan Amendment
City of Sebastian 21-0IER
The Department of Economic Opportunity has identified an objection and seven comments
regarding the City of Sebastian's proposed comprehensive plan amendment. The objection and
comments are provided below, along with recommended actions the City could take to resolve
issues of concern. If the City adopts the plan amendment without adequately addressing the
objection, the Department may find the amendment not in compliance with Chapter 163, Part
II, Florida Statutes (F.S.), pursuant to section 163.3184(4)(e)4., F.S. Comments are offered to
assist the local government and will not form the basis for a compliance determination.
Department staff has discussed the basis of the report with local government staff and is
available to assist the City to address the objection and comments.
I. Objection: Staff recommends the following objection in response to the proposed
amendments:
Objection 1: Coastal Manaeement Element -Peril of Flood
The proposed evaluation and appraisal based comprehensive plan amendment adequately
addresses the requirements of Sections 163.3178(2)(f)1-3 and 5., Florida Statutes (F.S.).
However, the amendment lacks policy language that meets the requirements of Sections
163.3178(2)(f)4 and 6., F.S.
Section 163.3178(2)(f)1-6., F.S., requires that the Coastal Management Element include the
following:
(f) A redevelopment component that outlines the principles that must be used to
eliminate inappropriate and unsafe development in the coastal areas when
opportunities arise. The component must:
1. Include development and redevelopment principles, strategies, and
engineering solutions that reduce the flood risk in coastal areas which results
from high -tide events, storm surge, flash floods, stormwater runoff, and the
related impacts of sea -level rise.
2. Encourage the use of best practices development and redevelopment
principles, strategies, and engineering solutions that will result in the
removal of coastal real property from flood zone designations established by
the Federal Emergency Management Agency.
3. Identify site development techniques and best practices that may reduce
losses due to flooding and claims made under flood insurance policies issued
in this state.
4. Be consistent with, or more stringent than, the flood -resistant construction
requirements in the Florida Building Code and applicable flood plain
management regulations set forth in 44 C.F.R. part 60.
115 of 198
5. Require that any construction activities seaward of the coastal construction
control lines established pursuant to s. 161.053 be consistent with Chapter
161.
6. Encourage local governments to participate in the National Flood Insurance
Program Community Rating System administered by the Federal Emergency
Management Agency to achieve flood insurance premium discounts for their
residents.
Statutory Authority: Sections 163.3177(6)(g) and 163.3178(2)(f)4 and 6., F.S.
Recommendations: To comply with Section 163.3178(2)(f)4, F.S. the amendment should be
revised to state that redevelopment shall "be consistent with, or more stringent than, the
flood -resistant construction requirements in the Florida Building Code and applicable flood
plain management regulations set forth in 44 C.F.R. part 60."
To comply with Section 163.3178(2)(f)6, F.S. the amendment should also be revised to state
that "The City shall seek to continue its participation in the National Flood Insurance Program
Community Rating System administered by the Federal Emergency Management Agency to
achieve flood insurance premium discounts for their residents."
The Department's staff are available to provide further assistance with these planning efforts,
including providing examples of policies adopted by other communities to address the peril of
flood requirements.
Objection 2: Future Land Use Mao Series
163.3177(1)(f), F.S., requires that all mandatory and optional elements of the comprehensive
plan and plan amendments shall be based upon relevant and appropriate data. The proposed
maps, Map 1-10 (Coastal High Hazard Area) and Map 5-6 (Storm Surge Zones), do not utilize the
most current versions of the Sea, Lake, and Overland Surges from Hurricane (SLOSH) Model
data. The source of the maps is "Treasure Coast Region Florida Regional Evacuation Study
Program for Indian River, Martin, Palm Beach, and St. Lucie Counties" Treasure Coast Regional
Planning Council, 2010, however more recent studies are available.
Statutory Authority: Section 163.3177(1)(f) and 163.3177(6)(a)10.d.(VI), F.S.
Recommendation: Prior to adoption, these maps should be updated to reflect the most recent
2016-2017 SLOSH model data available from the Florida Department of Emergency
Management or the City's emergency manager.
Objection 3: Multimodal Facilities in Map Series
Section 163.3177(6)(b)1., F.S., requires the Transportation and Mobility Element (TME) to
include a map or map series showing the general location of the existing and future
116 of 198
transportation system features that are coordinated with the future land use map or map
series. The amendment does not provide maps that show the general location of transportation
features such as existing pedestrian and bicycle facilities or proposed transit routes, facilities
and/or improvements as required pursuant to Section 163.3177(6)(b)1., F.S.
Statutory Authority: Section 163.3177(6)(b)1. and 163.3177(6)(a)8., F.S.
Recommendation: Prior to adoption the amendment should be revised to include the following
maps:
- Proposed transit routes, facilities and/or improvements.
- Existing and proposed number of lanes for the City's roadways.
Objection 4: Concurrency Management
The St. Johns River Water Management District advises that in order to adequately address all
of the water supply and facility concurrency requirements of Section 163.3180(2), Florida
Statutes (F.S.), the City's concurrency management system must ensure that both adequate
water supplies and potable water facilities are available to serve development no later than the
date on which the City anticipates issuing a certificate of occupancy. In addition, the
concurrency management system must include consultation with the applicable water supplier
during the permit review process and prior to approval of a building permit to determine if
adequate water supplies will be available to serve the development by the anticipated issuance
date of the certificate of occupancy. The proposed policies within the Infrastructure Element
and Government and Implementation Elements related to the City's concurrency management
system do not appear to address all of the requirements of Section 163.3180(2), F.S.
Statutory Authority: Section 163.3180(2), 163.3177(6)(a)3.e., 163.3177(6)(h)2., F.S.
Recommendation: To comply with Section 163.3180(2), F.S. the Plan should be revised to
address all concurrency management system requirements. Statutory language may be
adopted verbatim so that the amendment reads to the effect of:
"Sanitary sewer, solid waste, drainage, adequate water supplies, and potable water
facilities shall be in place and available to serve new development no later than the
issuance by the City of a certificate of occupancy or its functional equivalent".
- "Prior to approval of building permit or its functional equivalent, the City shall consult
with the applicable water supplier to determine whether adequate water supplies to
serve the new development will be available no later than the anticipated date of
issuance by the local government of a certificate of occupancy or its functional
equivalent".
Additionally, the City should coordinate with the St. Johns River Water Management District to
ensure all the concurrency management requirements are completely addressed.
117 of 198
II. Comments: Staff recommends the following comments in response to the proposed
amendments:
Comment 1: Land Use Element —Annexation Studies
Proposed Land Use Element Policy 1-2.4.1 does not provide meaningful and predictable
standards which indicate under what circumstances the City will require an analysis for areas
considered for annexation. The open-ended language may result in arbitrary decision making
and unpredictability in the determination of whether facilities and services will be in place in a
timely cost-efficient manner to serve the annexation area and the corresponding region. Prior
to adoption the amendment should be revised to include standards to guide when annexation
studies will be required.
Comment 2: Population Discrepancies
There is discrepancy between the reported population numbers and maximum densities
described in Tables 1-4 and 1-6 and the text of their respective Land Use Element Data
Inventory and Analysis (DIA) section. The text of the "Population Trends and Projections"
section of the DIA indicates that BEBR's official population estimate as of April 1, 2020 is 25,658
residents. However, Table 1-4 presents the 2020 population as 25,957. In the text of the section
"Build Out Analysis" of the DIA the maximum construction of residential dwelling units is
indicated to be 4,706, but Table 1-6 indicates the total maximum residential dwelling units as
4,922. Prior to adoption discrepancies between these sections text and tables should be
reconciled, if necessary.
Comment 3: Coastal Resiliencv Plan
The City of Sebastian's Coastal Resiliency Plan is cited repeatedly throughout the Plan's Coastal
Management Element and throughout the Plan. The stated purpose of the Coastal Resiliency
Plan is to support the current Comprehensive Plan update. The Plan provides vital data and
analysis such as the City's Vulnerability Assessment and develops an Adaptation Action Plan.
Prior to adoption, the City should consider including the Plan into the Data Inventory and
Analysis of the Conservation and Coastal Management Element section to further support the
comprehensive plan.
Comment 4: Incorrect Statutory Reference
Prior to adoption, the amendment should be revised to correct the incorrect statutory
reference in Conservation and Coastal Management Element Objective 5-2.1. The objective
references the statute section which defines Coastal High Hazard Area as section
"163.3178(2)(h)9," however the correct citation is 163.3178(2)(h), F.S.
Comment 5: Transportation LOS Standards
118 of 198
The Transportation and Mobility Element DIA Tables 2-4 through 2-6 are based upon the 2009
FDOT Quality/LOS (QLOS) Handbook. Prior to adoption the amendment should be revised for
the LOS tables to reflect the updated service volumes reported in the 2020 FDOT QLOS
Handbook.
119 of 198
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR STATE COORDINATED REVIEW
Section 163.3184(4), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using the Department's electronic
amendment submittal portal "Comprehensive Plan and Amendment Upload"
(hfts://florldaiobs.secure.force. comgM or submit three complete copies of all comprehensive plan
materials, of which one complete paper copy and two complete electronic copies on CD ROM In
Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below
that provided timely comments to the local government: the appropriate Regional Planning Council;
Water Management District; Department of Transportation; Department of Environmental Protection;
Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife
Conservation Commission and the Department of Agriculture and Consumer Services (county plan
amendments only); and the Department of Education (amendments relating to public schools); and for
certain local governments, the appropriate military installation and any other local government or
governmental agency that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the
adopted amendment:
Department of Economic Opportunity identification number for adopted amendment package;
Summary description of the adoption package, including any amendments proposed but not
adopted;
Ordinance number and adoption date;
Certification that the adopted amendment(s) has been submitted to all parties that provided
timely comments to the local government;
Name, title, address, telephone, FAX number and e-mail address of local government contact;
Letter signed by the chief elected official or the person designated by the local government.
Effective: June 2, 2011(Updated March 2021) Page 1 of 2
120 of 198
ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
In the case of text amendments, changes should be shown in strike-through/underline format;
In the case of future land use map amendment, an adopted future land use map, in color
format, clearly depicting the parcel, its existing future land use designation, and its adopted designation;
A copy of any data and analyses the local government deems appropriate.
Note: If the local government is relying on previously submitted data and analysis, no additional data
and analysis is required;
Copy of executed ordinance adopting the comprehensive plan amendment(s);
Suggested effective date language for the adoption ordinance for state coordinated review:
"The effective date of this plan amendment, if the amendment is not timely challenged, shall be
the date the state land planning agency posts a notice of intent determining that this
amendment is in compliance. If the amendment is timely challenged, or if the state land
planning agency issues a notice of intent determining that this amendment is not in compliance,
this amendment shall become effective on the date the state land planning agency or the
Administration Commission enters a final order determining this adopted amendment to be in
compliance."
List of additional changes made in the adopted amendment that the Department of Economic
Opportunity did not previously review;
List of findings of the local governing body, If any, that were not included in the ordinance and
which provided the basis of the adoption or determination not to adopt the proposed amendment;
Statement indicating the relationship of the additional changes not previously reviewed by the
Department of Economic Opportunity to the ORC report from the Department of Economic Opportunity.
Effective: June 2, 2011 (Updated March 2021) Page 2 of 2
121 of 198
From: Plan Review
To: Eubanks, Rav; QUexternalagencyconyn
Cc: Plan Review
Subject: (EXTERNAL] - Sebastian 21-OIER Proposed
Date: Wednesday, March 17, 2021 3:42:49 PM
Attachment= Jrnape002-onn
To: Ray Eubanks, DEO Plan Review Administrator
Re: Sebastian 21 -01 ER — State Coordinated Review of Proposed Comprehensive Plan
Amendment
The Office of Intergovernmental Programs of the Florida Department of Environmental
Protection (Department) has reviewed the above -referenced amendment package under the
provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that
focused on potential adverse impacts to important state. resources and facilities, specifically:
air and water pollution; wetlands and other surface waters of the state; federal and state-owned
lands and interest in lands, including state parks, greenways and trails, conservation
easements; solid waste; and water and wastewater treatment.
Based on our review of the submitted amendment package, the Department has found no
provision that, if adopted, would result in adverse impacts to important state resources subject
to the Department's jurisdiction.
Please submit all future amendments by email to ni-an.review=oridade%=. If your
submittal is too large to send via email or if you need other assistance, contact Lindsay
Weaver at (850) 717-9037.
►1
122 of 198
From: Steve Flboihhonn
To: XPexternalagenOMmments
cc: Lisa Frazier
Subject: [BOBtNAL] - City of Sebastian proposed comprehensive plan amendments 21-1ER
Date: Monday, March 15, 2021 11:23:10 AM
Attachments: imaoe002.ona
Dear Mr. Eubanks,
St. Johns River Water Management District (District) staff have reviewed City of Sebastian
proposed comprehensive plan amendments 21-1ER in accordance with the provisions of
Chapter 163, Florida Statutes. Based on review of the submitted materials, District staff
provide the following technical assistance regarding regional water supply.
1. In order to adequately address all of the water supply and facility concurrency requirements
of Section 163.3180(2), Florida Statutes (F.S.), the City's concurrency management system
must ensure that both adequate water supplies and potable water facilities are available to
serve development no later than the date on which the City anticipates issuing a certificate
of occupancy. In addition, the concurrency management system must include consultation
with the applicable water supplier during the permit review process and prior to approval of
a building permit to determine if adequate water supplies will be available to serve the
development by the anticipated issuance date of the certificate'of occupancy. The proposed
policies within the Infrastructure Element and Government and Implementation Elements
related to the City's concurrency management system do not appear to address all of the
requirements of Section 163.3180(2), F.S.
If you have any questions or need additional information, please contact me.
Please note that all proposed and adopted comprehensive plan amendments can be
submitted to the District by email at sfitzgibbonsia)sirwmd.com.
Thank you.
Steven Fitzgibbons, AICP
Intergovernmental Planner
Division of Strategic Planning and Initiatives
St. Johns River Water Management District
7775 Baymeadows Way, Suite 102
Jacksonville, FL 32256
Office (386) 312-2369
Website: www.sirwmd.tom
Connect with us: Newsletter, Fa{ ebook, Twitter. Jaltagram, YouTube. Pinterest
123 of 198
(* www.sjrwmd.com/ePermit
We value your opinion. Please take a few minutes to share your comments on the service you
received from the District by clicking this link
Notices
• Emails to and from the St. Johns River Water Management District are archived and, unless
exempt or confidential by law, are subject to being made available to the public upon request.
Users should not have an expectation of confidentiality or privacy.
• Individuals lobbying the District must be registered as lobbyists (§112.3261, Florida
Statutes). Details, applicability and the registration form are available at
http://www.sjrwmd.comllobbyist/
124 of 198
Revision: 3/8/2021
TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To: City of Sebastian
From: Staff
Date: March 3, 2021
Subject: Local Government Comprehensive Plan Review
Draft Amendment to the City of Sebastian Comprehensive Plan
Amendment No. 20-01 ER
Introduction
The Community Planning Act, Chapter 163, Florida Statutes, authorizes the regional planning;
council to review local government comprehensive plan amendments prior to their adoption. The;
regional planning council review and comments are limited to adverse effects on regional resources
or facilities identified in the Strategic Regional Policy Plan (SRPP) and extrajurisdictional impacts
that would be inconsistent with the comprehensive plan of any affected local government within the
region. Council must provide any comments to the local government within 30 days of the receipt
of the proposed amendments and must also send a copy of any comments to the state land planning
agency.
The amendment package from the City of Sebastian was received on February 10, 2021. The
proposed amendments will replace the City's Comprehensive plan in its entirety, excluding the
Economic Development Element. This report includes a summary of the proposed amendments and
Council comments.
Summary of Proposed Amendments
The proposed amendment is a complete re -write of the City's comprehensive plan, with the
exception of the Economic Development Element, and contains goals, objectives, and policies to
guide the development of the City through the year 2040. The City's map series has been updated as
well as the data inventories and analyses within each revised element.
The new plan contains the following elements: Land Use; Transportation & Mobility; Housing;
Infrastructure; Conservation & Coastal Management; Parks, Recreation, & Open Space;
Governance & Implementation; Public Schools; and Economic Development. City stall' indicates
that this plan provides an approach to the City's vision based on a realistic analysis of carrying and
development capacities while reflecting the City's Livability and Smart Growth initiatives. The City
has provided the new elements for review. Because of the extensive volume of material in the
amendment package, the revisions will be provided upon request. The proposed new elements,
summarized below, will:
125 of 198
Land Use Element
• Establish designations and patterns to guide sustainable growth and development within the City
• Encourage mixed use development
• Promote transfer of development rights or incentives for the protection of natural resources
• Incorporate emergency preparedness measures for natural and man-made disasters to ensure
resilience
• Encourage low -impact development, sustainable, and energy efficient building design and
practices
• Guide growth management principles that prevent sprawl
• Require adequate infrastructure and public facilities
• Encourage the utilization of design standards and Form -Based Code principles
• Promote infill development and redevelopment
• Require protection of historical and cultural resources
Transportation & Mobility Element
• Encourage complete streets and transit -oriented development principles to improve accessibility
and livability
• Support efforts toward bicycle and sidewalk connections, and greenway and trail opportunities
• Make safety and a safe mobility network a City priority
• Require Level of Service standards and concurrency. .
• Support utilizing transportation system management principles to maximize operations in the
existing transportation system; reducing emissions, and reducing the need for increased laneage
on roadways
• Require coordination of the transportation system with the Future Land Use Map to ensure that
existing and projected population densities, housing, and employment patterns are consistent
with proposed mobility modes and services
• Establish policies to guide the continued development of the Sebastian Municipal Airport and
related facilities
Housing Element
• Ensure the provision of a sufficient supply of housing options to meet the City's existing and
future population
• Encourage the preservation, rehabilitation, reuse, and maintenance of the City's existing
housing stock and historic structures
• Encourage provision of affordable housing opportunities, including for workforce and low- and
moderate -incomes households, by encouraging the adoption of incentives for the development
of affordable housing to meet existing and future housing demand
• Ensure that opportunities for group homes and foster care facilities and housing for the elderly
are provided within the City
• Conserve the useful life of the City's existing housing stock through programs directed toward
preserving neighborhood quality, conservation of natural resources, maintenance of community
facilities, and code enforcement
• Promote a diverse mix of housing stock that is well -integrated with the City's mobility network
• Encourage sustainable construction methods and energy efficiency in the development and
rehabilitation of housing
2
126 of 198
Infrastructure Element
• Require essential public facilities be provided concurrent with the impacts of new development
to prevent urban sprawl
• Ensure adequate wastewater facilities and services for the City
• Encourage mitigation strategies that will increase the City's adaptive capacity in the case of sea
level rise and chronic flooding scenarios
• Ensure cost-effective and environmentally -sound solid waste management and recycling
services within the City
• Require adequate stormwater drainage to protect against flood conditions and prevent
degradation of surface and groundwater quality
• Conservice potable water supplies and the protection of shallow and deep aquifer water
resources
• Encourage updating the 2013 Storinwater Management Master Plan to appropriately identif ,
existing conditions, future needs for planned growth, and approaches to address existing and
potential deficiencies in the City's existing stormwater management system
Conservation & Coastal Management Element
• Ensure the protection of the City's natural resources such as lakes, rivers, wetlands, wildlife,
shoreline, air quality, marine resources, native vegetation, and environmentally sensitive lands
• Maintain policies and regulations to protect and improve the City's water quality and quantity
• Ensure the protection of the City's coastal shoreline as well as the protection of the City's
residents and infrastructure from sea level rise and flooding risks
• Consider sustainability and environmental -consciousness to promote the utilization of green
infrastructure
• Focus on sustainability measures including green building design, green jobs, and green.
infrastructure
• Limit public expenditures in areas subject to destruction by flood risk and natural disasters
• Encourage the implementation of mitigation strategies to prepare against flooding and sea level
rise as well as the maintenance of the City's floodplains
• Ensure the City is prepared in the case of a natural disaster or emergency through planning and
intergovernmental coordination
• Coordinate with Indian River County to provide immediate response to post -disaster situations
• Establish an Adaptation Action Area (AAA) Overlay District and Transfer of Development
Rights (TDR) program to further resiliency measures within the City
• Ensure development is compatible with sensitive coastal and wetland resources
Parks, Recreation, & Open Space Element
• Establish Level of Service standards for parks and recreation facilities
• Require the development of a City Parks System Master Plan to identify and plan for the
maintenance of existing facilities and development of new facilities
• Promote the conservation of environmentally sensitive open space, environmental teaching, and
sustainability efforts at parks
• Require utilization of native plants and Florida Friendly Landscape techniques and utilize low -
impact development strategies to reduce stormwater runoff from parks and recreation facilities
• Evaluate the potential purchase of land for parks, recreation, conservation and open space needs
M
127 of 198
• Maintain land development codes that include performance criteria that are designed to protect
lands designated as natural reserves or open space, including the Indian River Lagoon and the
St. Sebastian River.
• Emphasize multi -modal access to all public recreation sites (i.e. pedestrian, bicycle, and
vehicular)
• Encourage community outreach and promote environmental education activities
• Identify City coordination efforts with the public and private sector agencies to provide and
promote recreational opportunities.
• Include blueways, waterways, and boating in parks, recreation, and open space planning
Governance & Implementation Element
• Ensure intergovernmental relationships are established and maintained to effectively meet the
needs of the residents
• Identify intergovernmental strategies for each element of the comprehensive plan to ensure
coordination of all City planning activities
• Develop a program to evaluate and measure the goals, objectives, and policies of the
comprehensive plan
• Ensure the City has an intergovernmental mediation process established in order to achieve
conflict resolution
• Require the adoption of the Capital Improvements Schedule to ensure public improvements
meet adopted Level of Service standards
• Identify funding resources to ensure the timely installation and maintenance of needed public
facilities and require prioritization criteria for capital improvement projects
• Require the City to adopt policies and procedures to address the management and utilization of
debt for the purposes of capital project financing
• Require the City to ensure that new developments share a proportionate share of the costs
required to maintain adopted Level of Service standards
• Require the city to continue to operate a financially feasible Concurrency Management System
for the review of all proposed development
Note: The Capital Improvement Program annual budget for Fiscal Year 2020-2025 is included.
Public Schools Element
• Require the City to coordinate with the School District of Indian River County. to correct
existing deficiencies and address future needs through implementation of adopted Level of
Service standards and appropriate public school facilities
• Encourage the siting and design of school facilities to serve as focal points for the community
and ensure compatibility with adjacent land uses
• Encourage safe student access by coordinating the construction of new and expanded
neighborhoods with safe road and sidewalk connections to schools
Economic Development Element
• Provide a target list of primary and secondary industry clusters for start-up, relocation, and
expansion in the City
• Provide criteria and potential incentives for new or expanding businesses in the City
• Support the continual development and maintenance of a skilled labor force through the
availability of education and training programs and opportunities
4
128 of 198
• Identify steps to ensure that appropriate sites are available in the City for desired commercial
and industrial development that supports the City's economic strategies
• Promote strategies to enhance the City's current and future economic competitiveness
• Identify ways to improve the attractiveness of the City for alternative energy and other
green/sustainable businesses and industries
• Provide special lease arrangements at the Sebastian Municipal Airport that mitigate construction
and future costs
• Require the City to provide technical assistance to ensure regulations are appropriate to foster
existing and potential businesses that will assist the City's economic development planning
efforts
Note: This element was not updated. However, it was formatted to be consistent with the other
elements of the new comprehensive plan.
Reeional Impacts
No adverse effects on regional resources or facilities have been identified.
Extraiurisdictional ImDacts
Council requested comments from local governments and organizations expressing an interest in
reviewing the proposed amendment on February 16, 2021. No extrajurisdictional impacts have been
identified.
Conclusion
Council commends the City for their extensive public outreach efforts during the process of
developing this draft comprehensive plan. Comprehensive plans should reflect the vision, needs,
and desires of its community members. The proposed City of Sebastian Comprehensive Plan 2040
provides a roadmap that is not only thorough in its policies but easily understood for use by all
stakeholders.
No adverse effects on regional resources or facilities and no extrajurisdictional impacts have been
identified. However, Council offers the following recommendations for consideration by the City
prior to adoption:
Comment 1: Policy 1-1.3.9 should be revised to target non-residential uses to major intersections:
and appropriate infill corridors.
Comment 2: The City may want to consider mapping the annexation reserve areas and including
that in the map series of the comprehensive plan.
Comment 3: In Policy 1-2.4.1, Council staff suggests the City consider making studies mandatory
for certain factors such as size or potential impacts.
Comment 4:.Policy 4-1.1.2 should be revised to include transportation and recreation Level of
Service standards and reference the corresponding policies in the respective elements. This will
make the list comprehensive and ensure that these standards are not missed by a casual user of the
comprehensive plan.
5
129 of 198
Comment 5: Policies 4-1.2.1, 4-1.2.2 and 4-1.2.5 concerning on -site wastewater treatment do not
appear to be consistent with each other. Policy 4-1.2.2 includes text which prohibits permitting of
new on -site wastewater treatment systems but Policy 4-1.2.1 allows for them if sewer service is
more than 500 feet away and Policy 4-1.2.5 seeks to limit "extensive use" of new septic tanks.
Council suggests a clear approach to this issue that treats infill on platted residential subdivision lots
(such as the GDC areas) differently from commercial uses. and new subdivisions. The GDC areas
could have provisions allowing houses to be constructed with new septic systems if there is no
extension of sanitary sewer to serve the lot but require connection when the tines reach the property;
with more explicit prohibitions on septic systems for other areas. The City is encouraged to not
allow the use of septic systems in any new developments due to the proximity to natural areas, sea
level rise, and flooding that exacerbate the nutrient impacts of septic systems. It will be difficult to
make progress on converting from septic to sewer if new septic systems continue to be built.
Council Action — March 8, 2021
The next scheduled Council meeting is March 19, 2021. In order to avoid unnecessary delay and
meet the 30 day agency review deadline, Council's Executive Director, Thomas J. Lanahan,
approves this report and authorizes its transmittal to the City of Sebastian and the Florida
Department of Economic Opportunity.
Attachments
Z
130 of 198
Exhibit
General Location Map
List of Exhibits
131 of 198
From:
To:
• Cowin. Kelly D.; Berm[ Wis&tson; Stepbanle Hgidr omatsonOircaov.mm: @bap
EEO; Krane..bhn; Fasiska, Chtisdne; Gardner -Young. Caren: Bush. Lois Wallam. Larry: Prieto. Adolfo;
Carver. Jennifer
Subject: [DCnffOM] - City of Sebastian 21-1ER - FDOT District Four Review
Date: Thursday, March 18, 20219:19:12 AM
Attachments: ImiiGeW 1.0n o
imme002.ono
n
Pursuant to Section 163.3184(3), Florida Statutes (F.S.), in its role as a reviewing agency as identified
in Section 163.3184(1)(c), F.S., the Florida Department of Transportation (FDOT) reviewed the
proposed City of Sebastian EAR based amendment 21-1ER.
FDOT is providing technical assistance comments consistent with Section 163.3168(3), Florida
Statutes. The attached technical assistance comments will not form the basis of a challenge. These
comments can strengthen the local government's comprehensive plan in order to foster a vibrant,
healthy community and are designed to ensure consistency with the Community Planning Act in
Chapter 163, Part 11, F.S.
Upon request, FDOT can consider assistance to the City in pursuing its comprehensive plan
objectives.
The Department requests a digital copy from the City of all adopted comprehensive plan
amendment materials, including graphic and textual materials and support documents. ` It i!
appreciated if the City could include responses to the Department's comments as part of the
adoption.
If you have any questions, please do not hesitate to contact me.
Thank you.
Larry Hymowitt
Planning Specialist, Policy and Mobility Planning Section
Planning & Environmental Management - FDOT District Four
p: (954) 777-4663 1: (954) 677-7892
a: 3400 W: Commercial Boulevard, Ft. Lauderdale, FL 33309
e: Ihyrnowitz(a dot star .fey 1,_US w: www dot state.fl.us
trin ®o
133 of 198
FDOT
Florida Department of Transportation
RON DFSANTIS 3400 West Commercial Boulevard KEVIN J. THIBAULT, P.E.
GOVERNOR Fort Lauderdale, FL 33309 SECRETARY
March 18, 2021
Mr. Ray Eubanks
Plan Processing Administrator
Department of Economic Opportunity
Caldwell Building
107 East Madison Street, MSC 160
Tallahassee, FL 32399
RE: City of Sebastian 21-01ER Proposed Comprehensive Plan (State Coordinated
Review Process) — FDOT Technical Assistance Comments
Dear Mr. Eubanks:
Pursuant to Section 163.3184(4), Florida Statutes, (F.S.) in its role as a reviewing
agency as identified in Section 163.3184(1)(c), F.S., the Florida Department of
Transportation (FDOT) reviewed the City of Sebastian 21-01 ER proposed
Comprehensive Plan Amendment (CPA), which was transmitted under the State
Coordinated Review (SCR) process.
The Comprehensive Plan updates are based on the City's 2010 Evaluation and
Appraisal Report (EAR) and includes text and map amendments to elements of the
Comprehensive Plan and map series.
FDOT commends the City on the development of an updated Comprehensive Plan that
includes an increased emphasis on multimodal connectivity, pedestrian and bicyclist
safety, smart growth initiatives, and resilience. Based on a review of the City's amended
Plan, FDOT is providing technical assistance comments consistent with Section
163.3168(3), Florida Statutes. The technical assistance comments will not form the
basis of a challenge. These comments can strengthen the local government's
comprehensive plan to foster a vibrant, healthy community and are designed to ensure
consistency with the Community Planning Act in Chapter 163, Part 11, F.S.
General
Technical Assistance Comment #1 — Coordination,
The Comprehensive Plan includes references to coordination with FDOT throughout the
document relating to the transportation network. FDOT commends the City for including
FDOT as a partner.
www.fdot.gov
134 of 198
Ray Eubanks
Sebastian 21-01ER Proposed CPA— FDOT Comments Letter
March 18, 2021
Page 2 of 10
Recommendation for Technical Assistance Comment #1
To further build on the relationship between the City and FDOT, FDOT requests that the
City consider adding a new policy to the Land Use and Governance and Implementation
Elements to include FDOT as a review agency in the early stages of the development
review process for any annexation as well as new development and/or redevelopment
project that could have an impact on US-1, SR-510 and 1-95. By including FDOT into
the early stages of development review, the Department could work with the City in
identifying strategies to eliminate, reduce, or mitigate impacts from those developments
on the State Highway System (SHS) and Strategic Intermodal System (SIS). This
improved level of coordination should offer enhanced opportunities to assist the City
with the latest and appropriate guidance and strategies to enhance and preserve the
SHS and S/S while furthering community goals.
Land Use Element (LUE)
Technical Assistance Comment #2 — Population
LUE Policy 1-1.1.1 states that the City shall designate sufficient lands necessary to
accommodate, at a minimum, the projected residential population growth and
supporting non-residential development based on the medium population projections
through the planning period. However, the Data,* Inventory and Analysis (DIA) section of
the LUE does not reference the Indian River County (IRC) Metropolitan Planning
Organization (MPO) 2045 Long Range Transportation Plan (Connecting IRC) with
regard to population growth and future annexations.
Additionally, there appears to be some discrepancies between the reported population
numbers described in the text versus Tables 1-4 and 1-6 of the LUE DIA.
Recommendation #1 for Technical Assistance Comment #2
Please consider adding a new policy requiring coordination with the IRC MPO and
consistency with the MPO's Connecting IRC. This coordination and consistency aids to
ensure that the MPO's future land use planning projections remain consistent with the
City's in determining future needs and allocation of resources for transportation
infrastructure and services.
Recommendation #2 for Technical Assistance Comment #2
DIA pages 103 and 107 reference a population increase of 8,909 persons between
2020 and 2040; however, Table 1-4 (Population Projections) indicates an increase of
8,610 persons over the same period. Please verify the discrepancy and update the text
and/or table accordingly.
Technical Assistance Comment #3 — High Dons ltvllntensity Land Uses
Policy 1-1.2.6 states that the highest residential densities shall continue to be allocated
to sites with adequate and supporting public infrastructure, accessible to major arterials
or collector streets and adjacent to existing development with the same or higher
www.fdot.gov
135 of 198
Ray Eubanks
Sebastian 21-01 ER Proposed CPA — FDOT Comments Letter
March 18, 2021
Page 3 of 10
density. Additionally, the proposed Riverfront Mixed -Use future land use category
includes the area east and west of US-1 from Sebastian Boulevard (County Road 512)
to the northern City limits. FDOT notes that this future land use category allows some of
the highest densities (with TDRs) and intensities within the City.
Recommendation for Technical Assistance Comment #3
US-1 within the City is a state roadway facility and an urban principal arterial. To ensure
the LOS targets (TME Policy 2-1.3.2), evacuation clearance times (CCME DIA) and
access along US-1 are maintained, any development/redevelopmeni along or adjacent
to US-1 requires an access permit from FDOT to ensure potential impacts are identified
and appropriate mitigation can be determined accordingly.
Technical Assistance Comment #4 — Annexations
Policy 1-2.4.1 states that the City may require an analysis on a case -by -case basis for
areas considered for annexation, and that the study may include fiscal impact analysis
and determination of future capital improvements to meet such basic services. The
policy, however, does not indicate the criteria for when a study would be deemed
necessary.
FDOT understands that the current status of future annexations is unknown at this time,
however, annexations of land along/adjacent to US-1 could impact traffic operations
along the corridor. Additionally, the majority of available land for annexation will
generally occur south and west of the City, within two miles of 1-95, which is a SIS
roadway facility designed for regional trips. Development and/or redevelopment
associated with annexations could have an impact on the operations of 1-95.
Recommendation for Technical Assistance Comment #4
The above policy states that analysis of annexations may be completed on a case -by -
case basis. This open-ended language may result in arbitrary decision making and
unpredictability in the determination of whether facilities and services will be in place in
a timely cost-efficient manner to serve the annexation area and the corresponding
region. It is preferred that this policy outline the City's responsibilities for any local and
regional impacts that could result from annexations in a consistent and predictable
manner.
FDOT encourages the City to modify Policy 1-2.4.1 or consider adding a new related
policy to the Transportation and Mobility Element to require analysis of all annexations
to account for impacts to facilities of state and regional importance (including facilities
on the MPO's roadway network). The policy should also include language to include
FDOT as a required review agency at the early stages of those annexations to
coordinate the identification and implementation of measures to reduce, eliminate or
mitigate adverse impacts.
www.fdot.gov
136 of 198
Ray Eubanks
Sebastian 21-01 ER Proposed CPA — FDOT Comments Letter
March 18, 2021
Page 4 of 10
Technical Assistance Comment #S — General Land Use Element Comments
• Policy 1-1.2.3 "encourages" multi -modal connectivity for medium density
residential. Consider changing "encourages" to "requires" in order to reinforce the
City's commitment towards a multi -modal transportation network, consistent with
Transportation and Mobility Element Policy 2-1.1.3, which prioritizes sustainable
and equitable mobility.
• Policy 1-2.2.6 is listed as "Policy 2.2.6". Revise to consistent numbering.
Transportation and Mobility Element (TME)
Technical Assistance Comment #6 — Transportation LOS Standards
TME DIA Tables 2-4 thru 2-6 list the roadways within the City along with their current
and future LOS (years 2020, 2025 and 2040 respectively). Per footnote 5 of Table 2-5,
service volumes are based on the 2009 FDOT Quality/LOS (QLOS) Handbook. It also
appears that the same service volumes were used in Tables 2-4 and 2-6.
It should be noted that the 2020 QLOS Handbook' was made available by FDOT as an
update to the 2013 edition and incorporates updates included in the sixth edition of the
HCM. The generalized peak hour directional volumes have been updated accordingly.
These updated service volumes could have an impact on the calculated roadway LOS
reported in TME DIA Tables 2-4 thru 2-6.
Recommendation #1 for Technical Assistance Comment #6
FDOT recommends that the service volumes used in TME DIA Tables 2-4 thru 2-6 be
revised to reflect the updated service volumes reported in the 2020 QLOS Handbook
and that the calculated LOS be revised in each table accordingly.
Recommendation #2 for Technical Assistance Comment #6
Additionally, as noted in Technical Assistance Comment (TAC) #4, future annexations
will generally occur south and west of the City limits, which could have an impact on the
operations along I-95. FDOT encourages the City to include the current and future LOS
and LOS standards for the segments of 1-95 north and south of Fellsmere Road /
Sebastian Boulevard in the TME DiA Tables 2-4 thru 2-6 for reference.
Technical Assistance Comment #7 — Multimodal Facilities
The Comprehensive Plan includes a map series depicting the general location of the
existing and proposed transportation system features in the City. Map 2-8: Proposed
Bike and Pedestrian Routes and Map 2-4: Transit Routes, identifies future pedestrian
and bicycle facilities and exiting transit facilities, respectively. The map series however,
does not include existing pedestrian and bicycle facilities and proposed transit routes,
facilities and/or improvements within the City.
httpsJtwww.fdot.gov/planning/systems/documents/sm/defauf.shtm
www.fdot.gov
137 of 198
Ray Eubanks
Sebastian 21-01ER Proposed CPA— FDOT Comments Letter
March 18, 2021
Page 5 of 10
Policy 2-1.1.3 prioritizes walking, bicycling, non -motorized and public transit projects
over motorized vehicle projects. Consistent with this policy, maps of the existing
pedestrian and bicycle facilities and proposed transit improvements can help the City in
understanding the existing gaps. and network needs, which can aid in developing
multimodal facilities for non -motorized modes and in the prioritization of multimodal
projects.
Recommendation for Technical Assistance Comment #7
FDOT encourages the City to update the map series to include the following maps:
• Existing pedestrian and bicycle facilities
Proposed transit routes, facilities and/or improvements
Additionally, consider including a map of existing and proposed number of lanes for the
City's roadways.
Technical Assistance Comment #8 — Complete Streets
THE Policy 2-1.1.2 references complete streets principles in the planning,
programming, and construction of all new City roadways, redesigns, and resurfacing
design of existing roadways to address the needs of all users, including motorists,
bicyclists, transit riders, freight, and pedestrians of all ages and abilities. The policy
states that roadways shall be designed based on the desired future land use context
based on the Florida Design Manual (FDM) and will coordinate with the FDOT District
Four Complete Streets Coordinator in the incorporation of FDOT's context classification
system and Complete Streets Policy into future development.
FDOT supports complete streets principles and offers the following guidance to help the
City implement its vision for a system of complete streets.
Recommendation for Technical Assistance Comment M.
FDOT offers several initiatives to assist the City in creating quality developments while
protecting future mobility on the regional roadway network in addition to "Complete
Streets"2, including modem roundabouts3, lane elimination guidance4 and a commitment
to pedestrian, bicyclist and driver safety.
Technical Assistance Comment #9 — TDM Stratenles
The THE DIA notes that the City of Sebastian does not have the need to offer
Transportation Demand Management (TDM) programs at this time. However, the
options may be considered in the future.
2 httc:/Avww.flcomDletestreets.com/
3 httRs://www.fdot.ov/agenGYrelsourceslro�ttdaboutslindex.shtm
4 httos://fdotwww.b ob.cone.windows.net/srtefinity/dots/default-source/roadway/comoletestmets/files/lane-elimination-
guide�artl.odf?sfvrsn=cld38df3 4
5 http://www.aiarttodayflodda.com/; httos:l/www.fdot.Qov/safety/SHSP2016/SHSP-2012.shtm
www.fdot.gov
138 of 198
Ray Eubanks
Sebastian 21-01ER Proposed CPA— FOOT Comments Letter
March 18, 2021
Page 6 of 10
FDOT encourages the use of TDM strategies to influence modal shifts to more
sustainable modes of transportation to assist in reducing single occupant vehicle trips,
emissions, traffic congestion, the overall consumption of fuel, and costs of regional trips.
Recommendation for Technical Assistance Comment #9
FDOT encourages the City to look into the feasibility of TDM strategies such as
ridesharing, bicycling, micromobility choices and work from home programs to help
reduce single occupancy vehicular trips on the City's roadways and reduce costs for
regional trips. FDOT provides financial and technical assistance to promote alternatives
to single occupancy driving via the South Florida Commuter Services (SFCS) program.
This TDM program seeks to reduce vehicle miles traveled through a variety of TDM
strategies such as carpooling, vanpooling, park and ride programs, bicycling, walking
increased use of transit, and working from home. FDOT encourages the City to
coordinate with the South Florida Commuter Services team (Jeremy Mul/ings at
imullinas cni.ctseinc.com) regarding implementation of commuter services in partnership
with the City and major employers.
Technical Assistance Comment #10 — Pedestrian and Bicyclist Outreach
The THE includes several policies geared towards pedestrian and bicyclist mobility and
safety via appropriate infrastructure improvements, access to pedestrian and bicycle
facilities and scaled developments. There are however no references to pedestrian and
bicycle education and outreach activities.
Recommendation for Technical Assistance Comment #10
Since the adoption of the Florida Pedestrian and Bicycle Safety Strategic Plan
(PBSSP)6 in 2013, the state has been implementing engineering, education,
enforcement and evaluation related countermeasures to reduce the levels of pedestrian
and bicyclist fatalities and injuries on the state roadway network. The implementation of
the PBSSP included the launching of the Alert Today Florida7 initiative. The campaign
message "Safety Doesn't Happen by Accident" has been presented via TV, radio,
transit and billboard advertising, social media, local educational outreach and
enforcement activities. The statewide Pedestrian and Bicycle Safety Coalition works
with stakeholders and partners across the state to improve pedestrian and bicycle
safety and is available to assist the City with safety related community events, High
Visibility Enforcement funding, free bicycle helmets, pedestrian and bicycle trainings,
safety tip cards and educational resources.
FDOT recommends that the City add language related to pedestrian and bicycle
outreach and education, and to coordinate with the FDOT District Four Pedestrian and
Bicycle Safety champion (Adolfo Prieto, Adolfo. Prieto(d)dot. state. fl.us) regarding
6 httos://www.alerttodavflp.rida.com/About%20US/FDOT PBSSP%20Updete%20Final with%20data%20corrections.DdI.
7 httDs:/Iwww.alerttodavflorida.com/
www.fdot.gov
139 of 198
Ray Eubanks
Sebastian 21-01ER Proposed CPA— FDOT Comments Letter
March 18, 2021
Page 7 of 10
community outreach activities as well as resources available to agencies to address
pedestrian and bicycle safety education and enforcement.
Additionally, FDOT encourages the City to add specific language related to pedestrian
and bicycle safety aimed at reducing the number of traffic -related fatalities and serious
injuries on roadways in the City, consistent with FDOT's Vital Few objective of
Improving Safety.
Technical Assistance Comment #11 — Transit -Oriented Development
THE Policy 2-1.1.18 promotes transit -oriented development (TOD) through infill
development and redevelopment that support transit ridership. Additionally, LUE Policy
1-1.2.6 promotes highest residential densities to be allocated to sites with adequate and
supporting public infrastructure, accessible to major arterials or collector streets and
adjacent to existing development with the same or higher density.
FDOT notes that achieving successful TODs requires multi -disciplinary coordination and
implementation actions by local governments. Cities that achieve successful TODs
often prioritize infill development in designated areas. The Comprehensive Plan helps
provide policy directives for undertaking these actions, which are critical to the success
of any potential TOD.
Recommendation #1 for Technical Assistance Comment #11
For reference, FDOT recommends that the City utilize the Florida TOD Guidebook8
which provides model comprehensive plan goals, objectives, and policies designed to
advance transit and TOD planning and outlines a process for local governments to
effectively plan for TODs. In addition to the TOD Guidebook, the City should also
reference the South Florida Regional Planning Council which offers several reports and
publications related to TOD roles and responsibilities, framework and implementations,
FDOT also offers an excellent resource Accessing Transit, Design Handbook for Florida
Bus Passenger Facilities, Version Ill, 201310 which provides guidance to local
governments and transit agencies in the design, location, and installation of transit
facilities consistent with state and federal laws and regulations, including the American
with Disabilities Act (ADA), and best practices.
Recommendation #2 for Technical Assistance Comment #11
FDOT recommends that the City add a new policy requiring coordination with FDOT
regarding any plans/studies for TOD, planned unit development, or mixed -use
development with potential to impact transportation facilities of state and regional
importance.
8 Florida TOD Guidebook: tt> pS:l/olanfortransitcom/wo-content/uQloadst2013/02/FlpridaTODGuidebook.odf
9 httD:/lsfreoion Jcouncii.om/tod-reports/
10 httos://www.fdot.00v/transit/oaoes/newtransitfacilitiesdesion.shtm
www.fdot.gov
140 of 198
Ray Eubanks
Sebastian 21-01 ER Proposed CPA - FDOT Comments Letter
March 18, 2021
Page 8 of 10
Technical Assistance Comment #12 — Safety
As outlined in the Florida Transportation Plan" and the Florida Strategic Highway Safety
Plan 12, FDOT has prioritized close coordination with local government partners to
improve safety and efficiency on our roadways with an ultimate goal of zero fatalities and
serious injuries. FDOTs vital few safety initiatives are focused on reducing serious
injuries and fatalities related to bicycle and pedestrian crashes, lane departure crashes,
and intersection crashes.
Recommendation for Technical Assistance Comment #12
FDOT invites the City to refer to the following resources offered by the
Department as it relates to policies under Objective 2-1.2:
Policy 2-1.2.1— This policy references review of posted speeds on all major
roadways where the desired speed is lower than the posted speed. Chapter 202
of the Florida Design Manual (FDM) provides guidance with regard to lowering
operating speeds and setting target speeds specifically within the suburban
commercial and urban context zones.
Policy 2-1.2.2 — This policy references reduction of driveways where possible for
proposed development and redevelopment projects. In addition to reduction of
the number of driveways, pedestrian and bicyclist safety policies should also
focus on driveway widths and measures aimed at reducing driveway related
bicycle crashes (especially where the bicyclist is riding facing traffic on a
sidewalk). FDOT's Target Zero initiative includes Transportation Safety
Engineering resources13 aimed at location speck and systemic safety analysis
to identify safety improvement needs and design countermeasures to reduce the
frequency and severity of crashes.
Policy 2-1.2.3 — This policy references developing a database of crashes on
major roadways, updated annually. The FDOT State Safety Office offers several
resources for local governments that can assist with crash data analysis including
the Crash Analysis Reporting System (CARS) and the newly integrated Signal 4
Analytics platform.
Housing Element (HE)
Technical Assistance Comment #13
HE Policy 3-1.1.1 references adequate housing based on the City's Future Land Use
Map. As noted in the Land Use Element TAC #2, there is a discrepancy in the population
calculations used to identify the future housing need.
i1 httn://floddatransoortationolan.com/
12 httos://fdotwww.blob.core.windows.net/sitefinitv/dots/default-source/safetv/shso-
2021/reoort fdot shso feb21 022221om.odf?sfvrSn=0cab550c 2
13 hitps://www.fdot.gov/safety/safetyengineedng/safetyengineering.shtm
www.fdot.gov
141 of 198
Ray Eubanks
Sebastian 21-01ER Proposed CPA — FDOT Comments Letter
March 18, 2021
Page 9 of 10
Recommendation for Technical Assistance Comment #13
FDOT recommends that the City reconcile the future housing supply/need in the FLUE,
prior to collaboration with the private sector to provide additional dwelling units and future
annexations.
Infrastructure Element (IE)
FDOT offers no comments at this time regarding the 1E.
Conservation & Coastal Management Element (CCME)
FDOT offers no comments at this time regarding the CCME.
Parks, Recreation, & Open Space Element (PROSE)
Technical Assistance Comment #14
PROSE Objective 6-14 and related policies reference providing public access to all
public recreation sites with pedestrian access. This access could be via a public street
such as US-1. Non -motorist activity along US-1 could lead to conflicts with vehicular
activity, which increases the need for education and outreach to pedestrians, bicyclists
and motorists along the corridor.
Recommendation for Technical Assistance Comment #14
As the City moves towards providing connectivity and multimodal access to public
recreation sites, FDOT recommends that the City coordinate with the FDOT District
Four Bicycle and Pedestrian Coordinator and Safety Champion regarding community
outreach and education if or when pedestrian and bicycle supportive countermeasures
are implemented (i.e. pedestrian hybrid beacons, high visibility crosswalks, rectangular
rapid flashing beacons, etc.) to ensure pedestrian and bicycle connectivity and safety;
especially along US-1 with recreation and Intracoastal Waterway access.
Governance and Implementation Element (GIE)
Please reference TA #1 related to FD0T coordination in the early stages of future
annexation, development and redevelopment projects/studies.
Public Schools Element (PSE)
FDOT offers no comments at this time regarding the PSE.
Economic Development Element (EDE)
Technical Assistance Comment #15
Policy 9-1.3.1 notes that the City of Sebastian should consider annexation of areas
outside the City that could provide future areas for commercial or industrial
development. FDOT understands that the current status of future annexations is
unknown at this time, however, annexations of land along or adjacent to transportation
facilities of state and regional importance could impact the traffic operations along those
facilities.
www.fdot.gov
142 of 198
Ray Eubanks
Sebastian 21-01 ER Proposed CPA — FDOT Comments Letter
March 18, 2021
Page 10 of 10
Recommendation for Technical Assistance Comment #15
Consistent with TAC #4, FDOT encourages the City to modify Policy 1-2.4.1 to make
analysis of annexations a requirement, and to include FDOT as a required review
agency for those annexations to ensure transportation facilities of state and regional
importance operate at or above the current LOS target/standard.
FDOT requests DEO include these technical assistance comments as Comments in the
ORC report to the City of Sebastian.
FDOT requests the City transmit a copy of the amendment, along with the supporting
data and analysis, to the District upon its adoption.
Thank you for coordinating on the review of this proposed amendment with FDOT. If
you have any questions, please do not hesitate to contact me by email at
larrv.hvmowitzedot.state.Fl.us or at (954) 777-4663.
Sincerely,
Larry Hymowitz
Planning Specialist — Policy Planning & Growth
Management
Planning & Environmental Management -
FDOT District Four
CC: Lisa Frazier, AICP, Community Development Director, City of Sebastian
www.fdot.gov
143 of 198
Windows Printer Test Page
You have correctly installed your KONICA MINOLTA C759SeriesPS on deo-wppsool.
PRINTER PROPERTIES
Submitted Time:
11:33:45 AM
Date:
4/12/2021
User Name:
AWI\gaskinj
Computer Name:
GJWK353
Printer Name:
\\deo-wppso01\CP_BizHub
Printer Model;
KONICA MINOLTA C759SeriesPS
Color Support
Yes
Port Name(s):
1041.111.249
Data Format;
RAW
Printer Share Name:
CP_BizHub
Printer Location:
Print Processor.
KOAXPA_P
Comment
Separator Page
Location:
05 Environment
Windows x64
PRINT DRIVER PROPERTIES
Driver Name: KONICA MINOLTA C759SeriesPS
Driver Type: Type 3.- User Mode
Driver Version: 11.1.1,0
ADDITIONAL PRINT DRIVER FILES
C:\W I N DO WS\system 32\spoo I\D R I V E RS\x64\3\KOAXPA_B. D L L
C:\WIN DOWS\system32\spool\DRIVERS\x64\3\KOAXPA_C.DLL
C:\W IN DOWS\system32\spool\DRIVERS\x64\3\KOAXPA_D.D LL
C.\WINDOWS\system32\spool\DRIVERS\x64\3\KOAXPA_E, DLL
C:\WINDOWS\system32\spooi\DRIVERS\x64\3\KOAXPA_G.DLL
C:\WINDOWS\system32\spool DRIVERS\x64\3\KOAXPA_M.DLL
C:\WI N DOWS\system32\spool\DRIVERS\x64\3\KOAXPA_N.DLL
C:\W IN DOWS\system32\spoo l\DR IVE RS\x64\3\KOAXPA_O.D LL
C:\WINDOWS\system32\spool\DR IVE RS\x64\3\KOAXPA_R. D LL
C.\WIN DOWS\system32\spool\DRI VERS\x64\3\KOAXPA_S.D LL
C:\WI NDOWS\system32\spool\DRIVERS\x64\3\KOAXPA_U. DLL
C:\WINDOWS\system32\spool\DRI VERS\x64\3\KOAXPA-W. DLL
C:\W I N DOWS\system 32\spool\D RI VERS\x64\3\KOAX PA_C.KPD
C:\WINDOWS\system32\spool\DRI VERS\x64\3\KOAX PA_D. KPD
C:\WINDOWS\system32\spool\DRIVERS\x64\3\KOAXPA-M.KPD
C:\WINDOWS\system32\spool\DRIVERS\x64\3\KOAXPA—.KPD
C.\WINDOWS\system32\spool\DR I VE RS\x64\3\KOAXPA_.IN I
C:\WINDOWS\system32\spool\DRIVERS\x64\3\KOAXPA_.CH M
C:\WIN DOWS\system32\spoo!\DRI VERS\x64\3\KOAXPA_ UNF
144 of 198
Department of Economic Opportunity (DEO)
Objections, Recommendations and Comments (ORQ Report Response Letter
City of Sebastian Comprehensive Plan 2040 -- 21-01ER
June 23, 2021
Florida Department of Economic Opportunity
Objection t: Coastal Management Element —Peril of Flood
The proposed evaluation and appraisal based comprehensive plan amendment adequately addresses the requirements
of Sections 163.3178(2)(f)1-3 and 5., Florida Statutes (F.S.). However, the amendment lacks policy language that meets
the requirements of Sections 163.3178(2)(f)4 and 6., F.S.
Recommendations: To comply with Section 163.3178(2)(f)4, F.S. the amendment should be revised to state that
redevelopment shall "be consistent with, or more stringent than, the flood -resistant construction requirements in the
Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60."
To comply with Section 163.3178(2)(f)6, F.S. the amendment should also be revised to state that "The City shall seek to
continue its participation in the National Flood insurance Program Community Rating System administered by the
Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents."
The Department's staff are available to provide further assistance with these planning efforts, including providing
examples of policies adopted by other communities to address the peril of flood requirements.
City Response to Obiection 1:
Policies 5-2.2.1 and 5-2.4.3 have been revised to reflect the recommended policy language listed above.
Objection 2: Future Land Use Map Series
163.3177(1)(f), F.S., requires that al/ mandatory and optional elements of the comprehensive plan and plan amendments
shall be based upon relevant and appropriate data. The proposed maps, Map 1-10 (Coastal High Hazard Area) and Map
5-6 (Storm Surge Zones), do not utilize the most current versions of the Sea, Lake, and Overland Surges from Hurricone
(SLOSH) Model data. The source of the maps is "Treasure Coast Region Florida Regional Evacuation Study Program for
Indian River, Martin, Palm Beach, and St. Lucie Counties" Treasure Coast Regional Planning Council, 2010, however more
recent studies are available.
Recommendation; Prior to adoption, these maps should be updated to reflect the most recent 2016-2017 SLOSH model
data available from the Florida Department of Emergency Management or the City's emergency manager.
Citv Response to Obiection 2:
Map 1-10 (Coastal High Hazard Area) and Map 5-6 (Storm Surge Zones) have been updated to reflect the most recent
2016-2017 SLOSH model data available from the Florida Department of Emergency Management.
Objection 3: Multimodal Facilities in Map Series
Section 163.3177(6)(b)l., F.S., requires the Transportation and Mobility Element (TME) to include a map or mop series
showing the general location of the existing and future transportation system features that are coordinated with the
future land use map or map series. The amendment does not provide maps that show the general location of
transportation features such as existing pedestrian and bicycle facilities or proposed transit routes, facilities and/or
improvements as required pursuant to Section 163.3177(6)(b)l., F.S.
145 of 198
Recommendation: Prior to adoption the amendment should be revised to include the following maps:
• Proposed transit routes, facilities and/or improvements.
• Existing and proposed number of lanes for the City's roadways.
City Response to Obiection 3:
The Transportation & Mobility Element Data Inventory and Analysis states the City's desire and need for future
development of bicycle and pedestrian plans. These efforts would likely include a detailed inventory of existing
conditions. As it related to future transit improvements, the City will continue to coordinate with Indian River County
Transit (GoLine) to monitor planned improvements within the Transit Development Plan as they are updated. A map
depicting GoLine's 10-Year Cost Affordable Plan Improvements from the 2019-2018 TDP has been included in the
Comprehensive Plan's Map Series. Map 2-1 has been updated to note that the current and future condition of City
roadways depicted are 2-lanes
Objection 4: Concurrency Management
The St. Johns River Water Management District advises that in order to adequately address all of the water supply and
facility concurrency requirements of Section 163.3180(2), Florida Statutes (F.S.), the City's concurrency management
system must ensure that both adequate water supplies and potable water facilities are available to serve development
no later than the date on which the City anticipates issuing a certificate of occupancy. In addition, the concurrency
management system must include consultation with the applicable water supplier during the permit review process and
prior to approval of a building permit to determine if adequate water supplies will be available to serve the development
by the anticipated issuance date of the certificate of occupancy. The proposed policies within the Infrastructure Element
and Government and Implementation Elements related to the City's concurrency management system do not appear to
address al! of the requirements of Section 163.3180(2), F.S.
Recommendation: To comply with Section 163.3180(2), F.S. the Plan should be revised to address all concurrency
management system requirements. Statutory language may be adopted verbatim so that the amendment reads to the
effect of:
• "Sanitary sewer, solid waste, drainage, adequate water supplies, and potable water facilities shall be in place
and available to serve new development no later than the issuance by the City of a certificate of occupancy or its
functional equivalent".
• "Prior to approval of building permit or its functional equivalent, the City shall consult with the applicable water
supplier to determine whether adequate water supplies to serve the new development will be available no later
than the anticipated date of issuance by the local government of a certificate of occupancy or its functional
equivalent".
Additionally, the City should coordinate with the St. Johns River Water Management District to ensure all the concurrency
management requirements are completely addressed.
City Response to Obiection 4:
Policy 7-2.7.2 has been revised to reflect the statutory language recommended above. The City will continue to
coordinate with SJRWMD on issues related to water supply and conservation as stated in Policies 4-1.5.3, 5-1.4.7, and 7-
1.1.3.
Comment 1: Land Use Element -Annexation Studies
Proposed Land Use Element Policy 1-2.4.1 does not provide meaningful and predictable standards which indicate under
what circumstances the City will require an analysis for areas considered for annexation. The open-ended language may
result in arbitrary decision making and unpredictability in the determination of whether facilities and services will be in
place in a timely cost-efficient manner to serve the annexation area and the corresponding region. Prior to adoption the
amendment should be revised to include standards to guide when annexation studies will be required.
146 of 198
City Response to Comment 1:
Land Use Element Policy 1-2.4.1 has been augmented to include additional guidance and clarity related to the conditions
by which annexation analysis shall be required.
Comment 2: Population Discrepancies
There is discrepancy between the reported population numbers and maximum densities described in Tables 1-4 and 1-6
and the text of their respective Land Use Element Data Inventory and Analysis (DIA) section. The text of the "Population
Trends and Projections" section of the DIA indicates that BEBR's official population estimate as of April 1, 2020 is 25,658
residents. However, Table 1-4 presents the 2020 population as 25,957. In the text of the section "Build Out Analysis" of
the DiA the maximum construction of residential dwelling units is indicated to be 4,706, but Table 1-6 indicates the total
maximum residential dwelling units as 4,922. Prior to adoption discrepancies between these sections text and tables
should be reconciled, if necessary.
Citv Response to Comment 2:
Thank you. Tables 1-4 and 1-6 have been updated to reflect consistent population projections throughout the
Comprehensive Plan.
Comment 3: Coastal Resiliency Plan
The City of Sebostian's Coastal Resiliency Plan is cited repeatedly throughout the Plan's Coastal Management Element
and throughout the Plan. The stated purpose of the Coastal Resiliency Plan is to support the current Comprehensive Plan
update. The Plan provides vital data and analysis such as the City's Vulnerability Assessment and develops an Adaptation
Action Plan. Prior to adoption, the City should consider including the Pion into the Data Inventory and Analysis of the
Conservation and Coastal Management Element section to further support the comprehensive plan.
Citv Response to Comment 3:
Per Section 163.3177(1)(b), F.S., documents may be adopted by reference but not incorporated verbatim into the plan.
The appropriate references for the City's Coastal Resiliency Plan, with title and author, have been included throughout
the Comprehensive Plan.
Comment 4: Incorrect Statutory Reference
Prior to adoption, the amendment should be revised to correct the incorrect statutory reference in Conservation and
Coastal Management Element Objective 5-2.1. The objective references the statute section which defines Coastal High
Hazard Area as section "163.3178(2)(h)9, " however the correct citation is 163.3178(2 )(h), F.S.
Citv Response to Comment 4:
Conservation and Coastal Management Element Objective 5-2.1 has been revised to include the correct statutory
reference a 163.3178(2)(h).
Comment 5: Transportation LOS Standards
The Transportation and Mobility Element DIA Tables 2-4 through 2-6 are based upon the 2009 FDOT Quality/LOS (QLOS)
Handbook. Prior to adoption the amendment should be revised for the LOS tables to reflect the updated service volumes
reported in the 2020 FDOT QLOS Handbook.
Citv Response to Comment 5:
Table 2-4 through Table 2-6 in the Transportation and Mobility Element DIA have been updated to reflect the updated
service volumes reported in the 2020 FDOT QLOS Handbook.
147 of 198
Treasure Coast Regional Planning Council
The following represent the City's responses to the comments and related recommendations provided by TCRPC to the
Department of Economic Opportunity in correspondence dated March 3, 2021,
Comment 1
Policy 1-1.3.9 should be revised to target non-residential uses to major intersections and appropriate infill corridors.
Citv Response to Comment 1:
The City believes that Policy 1-1.3.9 in its current form provides both appropriate guidance and flexibility to address
varying market conditions.
Comment 2
The City may want to consider mapping the annexation reserve areas and including that in the map series of the
comprehensive plan.
City Response to Comment 2:
A map depicting the City's annexation reserve area has been included in the Map Series,
Comment 3
In Policy 1-2.4.1, Council staff suggests the City consider making studies mandatory for certain factors such as size or
potential impacts.
Citv Response to Comment 3:
Land Use Element Policy 1-2.4.1 has been augmented to include additional guidance and clarity related to the conditions
by which annexation analysis shall be required.
Comment 4
Policy 4-1.1.2 should be revised to include transportation and recreation Level of Service standards and reference the
corresponding policies in the respective elements. This will make the list comprehensive and ensure that these standards
are not missed by a casual user of the comprehensive plan.
Citv Response to Comment 4:
Policy 4-1.1.2 has been revised to reference the policies including Level of Service standards for transportation (Policy 2-
2.3.2) and recreation (Policy 6-1.1.1) respectively.
Comment 5
Policies 4-1.2.1, 4-1.2.2 and 4-1.2.5 concerning on -site wastewater treatment do not appear to be consistent with each
other. Policy 4-1.22 includes text which prohibits permitting of new on -site wastewater treatment systems but Policy 4-
1.2.1 allows for them if sewer service is more than 500 feet away and Policy 4-1.2.5 seeks to limit "extensive use" of new
septic tanks. Council suggests a clear approach to this issue that treats inflll on platted residential subdivision lots (such
as the GDC areas) differently from commercial uses and new subdivisions. The GDC areas could have provisions allowing
houses to be constructed with new septic systems if there is no extension of sanitary sewer to serve the lot but require
connection when the lines reach the property,- with more explicit prohibitions on septic systems for other areas. The City
is encouraged to not allow the use of septic systems in any new developments due to the proximity to natural areas, sea
level rise, and flooding that exacerbate the nutrient impacts of septic systems. It will be difficult to make progress on
converting from septic to sewer if new septic systems continue to be built.
City Response to Comment 5:
Policy 4-1.2.2 has been revised to include "where public sewer infrastructure is not readily available". The City believes
that this addition will provide for consistency with Policies 4-1.2.1 and 4-1.2.5.
4
148 of 198
Florida Department of Transportation
The following represent the City's responses to the technical assistance comments and related recommendations
provided by FDOT to the Department of Economic Opportunity in correspondence dated March 18, 2021.
Recommendation for Technical Assistance Comment #1
To further build on the relationship between the City and FOOT, FDOT requests that the City consider adding a new policy
to the Land Use and Governance and Implementation Elements to include FDOT as a review agency in the early stages of
the development review process for any annexation as well as new development and/or redevelopment projectthat
could have an impact on US-1, SR-510 and 1-95. By including FDOT into the early stages of development review, the
Department could work with the City in identifying strategies to eliminate, reduce, or mitigate impacts from those
developments on the State Highway System (SHS) and Strategic Intermodal System (SIS). This improved level of
coordination should offer enhanced opportunities to assist the City with the latest and appropriate guidance and
strategies to enhance and preserve the SHS and SiS while furthering community goals.
City Response to Recommendation for Technical Assistance Comment #1:
The City will continue to provide appropriate information to FDOT during the development review process.
Recommendation #1 for Technical Assistance Comment #2
Please consider adding a new policy requiring coordination with the iRC MPO and consistency with the MPO's Connecting
1RC. This coordination and consistency aids to ensure that the MPO's future land use planning projections remain
consistent with the City's in determining future needs and allocation of resources for transportation infrastructure and
services.
ON Response to Recommendation #1 for Technical Assistance Comment #2:
The analysis performed for the development of the Comprehensive Plan was completed prior to the completion of the
MPO's 2045 LRTP. However, the City recognizes the important relationship between the MPO's plans and the City's
growth. The Comprehensive Plan includes multiple policies supporting coordination with the MPO (2-1.1.17, 2-1.3.5, 2-
1.3.6, 7-1.1.3, 7-2.3.4). The City will continue to coordinate with the MPO on its planning initiatives.
Recommendation #2 for Technical Assistance Comment #2
DIA pages 103 and 107 reference a population increase of 8,909 persons between 2020 and 2040; however, Table 1-4
(Population Projections) indicates on increase of 8,610 persons over the some period. Please verify the discrepancy and
update the text and/or table accordingly.
City Response to Recommendation #2 for Technical Assistance Comment #2:
Thank you. Table 1-4 has been updated to reflect consistent population projections throughout the Comprehensive Plan
Recommendation for Technical Assistance Comment #3
US-1 within the City is a state roadway facility and an urban principal arterial. To ensure the LOS targets (TME Policy 2-
1.3.2), evacuation clearance times (CCME DiA) and access along US-1 are maintained, any development/redevelopment
along or adjacent to US-1 requires an access permit from FDOT to ensure potential impacts are identified and
appropriate mitigation can be determined accordingly.
City Response to Recommendation for Technical Assistance Comment #3:
Thank you. This information is acknowledged and understood. Please see the previous response to Recommendation for
Technical Assistance Comment #1. The City will continue to provide appropriate information to FDOT during the
development review process.
149 of 198
Recommendation for Technical Assistance Comment #4
The above policy states that analysis of annexations may be completed on a case -by -case basis. This open-ended
language may result in arbitrary decision making and unpredictability in the determination of whether facilities and
services will be in place in a timely cost-efficient manner to serve the annexation area and the corresponding region. It is
preferred that this policy outline the City's responsibilities for any local and regional impacts that could result from
annexations in a consistent and predictable manner.
FDOT encourages the City to modify Policy 1-2.4.1 or consider adding a new related policy to the Transportation and
Mobility Element to require analysis of all annexations to account for impacts to facilities of state and regional
importance (including facilities on the MPO's roadway network). The policy should also include language to include
FDOT as a required review agency at the early stages of those annexations to coordinate the identification and
implementation of measures to reduce, eliminate or mitigate adverse impacts.
Citv Response to Recommendation for Technical Assistance Comment #4:
The City values collaboration with FDOT and the Indian River County MPO and will continue to coordinate as appropriate
during the development review process.
Technical Assistance Comment #5
Policy 1-1.2.3 "encourages" multi -modal connectivity for medium density residential. Consider changing "encourages" to
"requires" in order to reinforce the City's commitment towards a multi -modal transportation network, consistent with
Transportation and Mobility Element Policy 2-1.1.3, which prioritizes sustainable and equitable mobility.
Citv Response to Technical Assistance Comment #5:
Thank you for the comment. The City and the new Comprehensive Plan are supportive of a multimodal transportation
network as noted above. Multimodal connectivity related to specific residential developments will be addressed during
the City's development review/approval processes.
Policy 1-2.2.6 is listed as "Policy 2.2.6". Revise to consistent numbering.
City Response to Technical Assistance Comment #5:
Thank you. The policy numbering has been updated.
Recommendation #1 for Technical Assistance Comment #6
FDOT recommends that the service volumes used in THE DIA Tables 2-4 thru 2-6 be revised to reflect the updated service
volumes reported in the 2020 QLOS Handbook and that the calculated LOS be revised in each table accordingly.
Citv Response to Recommendation #1 for Technical Assistance Comment #6:
Table 2-4 through Table 2-6 in the Transportation and Mobility Element DIA have been updated to reflect the updated
service volumes reported in the 2020 FDOT QLOS Handbook.
Recommendation #2 for Technical Assistance Comment #6
Additionally, as noted in Technical Assistance Comment (TAC) #4, future annexations will generally occur south and west
of the City limits, which could have an impact on the operations along I-95. FDOT encourages the City to include the
current and future LOS and LOS standards for the segments of 1-95 north and south of Fellsmere Rood/Sebastian
Boulevard in the THE DIA Tables 2-4 thru 2-6 for reference.
City Response to Recommendation #2 for Technical Assistance Comment #6:
Analysis performed as part of the Transportation and Mobility Element DIA only included roadways within or adjacent to
the City's current City limits.
6
150 of 198
Recommendation for Technical Assistance Comment #7
FDOT encourages the City to update the map series to include the following maps:
Existing pedestrian and bicycle facilities
• Proposed transit routes, facilities and/or improvements
Citv Resoonse to Recommendation for Technical Assistance Comment #7:
The Transportation & Mobility Element Data Inventory and Analysis states the City's desire and need for future
development of bicycle and pedestrian plans. These efforts would likely include a detailed inventory of existing
conditions. As it related to future transit improvements, the City will continue to coordinate with Indian River County
Transit (GoLine) to monitor planned improvements within the Transit Development Plan (TDP) as they are updated. A
map depicting GoLine's 10-Year Cost Affordable Plan Improvements from the 2019-2018 TDP has been included in the
Comprehensive Plan's Map Series.
Recommendation for Technical Assistance Comment #8
FDOT offers several initiatives to assist the City in creating quality developments while protecting future mobility on the
regional roadway network in addition to "Complete Streets", including modern roundabouts, lone elimination guidance
and a commitment to pedestrian, bicyclist and driver safety.
City Response to Recommendation for Technical Assistance Comment #8:
Thank you for this information. The City has noted the availability of these resources.
Recommendation for Technical Assistance Comment #9
FDOT encourages the City to look into the feasibility of TDM strategies such as rideshoring, bicycling, micromobility
choices and work from home programs to help reduce single occupancy vehicular trips on the City's roadways and reduce
costs for regional trips. FDOT provides financial and technical assistance to promote alternatives to single occupancy
driving via the South Florida Commuter Services (SFCS) program. This TDM program seeks to reduce vehicle miles
traveled through a variety of TDM strategies such as carpooling, vonpooling, park and ride programs, bicycling, walking
increased use of transit and working from home. FDOT encourages the City to coordinate with the South Florida
Commuter Services team (Jeremy Mullings at irnullinas@ctseinc.com) regarding implementation of commuter services in
partnership with the City and major employers.
City Response to Recommendation for Technical Assistance Comment #9:
Thank you for this information. The City has noted the availability of these resources and will engage FDOT as
appropriate when exploring the implementation of TDM strategies in the future.
Recommendation for Technical Assistance Comment #10
Since the adoption of the Florida Pedestrian and Bicycle Safety Strategic Plan (PBSSP) in 2013, the state has been
implementing engineering, education, enforcement and evaluation related countermeasures to reduce the levels of
pedestrian and bicyclist fatalities and injuries on the state roadway network. The implementation of the PBSSP included
the launching of the Alert Today Florida initiative. The campaign message "Safety Doesn't Happen by Accident" has been
presented via TV, radio, transit and billboard advertising, social media, local educational outreach and enforcement
activities. The statewide Pedestrian and Bicycle Safety Coalition works with stakeholders and partners across the state to
improve pedestrian and bicycle safety and is available to assist the City with safety related community events, High
Visibility Enforcement funding, free bicycle helmets, pedestrian and bicycle trainings, safety tip cards and educational
resources.
FDOT recommends that the City add language related to pedestrian and bicycle outreach and education, and to
coordinate with the FDOT District Four Pedestrian and Bicycle Safety champion (Adolfo Prieto,
Adolfo.Prieto@dot.stote.fl.us) regarding community outreach activities as well as resources available to agencies to
address pedestrian and bicycle safety education and enforcement.
7
151 of 198
Additionally, FDOT encourages the City to add specific language related to pedestrian and bicycle safety aimed at
reducing the number of traffic -related fatalities and serious injuries on roadways in the City, consistent with FDOT's Vital
Few objective of Improving Safety.
City Response to Recommendation for Technical Assistance Comment #10:
Thank you for this information. The City has noted the availability of these resources.
Recommendation #1 for Technical Assistance Comment #11
For reference, FDOT recommends that the City utilize the Florida TOD Guidebook which provides model comprehensive
plan goals, objectives, and policies designed to advance transit and TOD planning and outlines a process for local
governments to effectively plan for TODs. In addition to the TOD Guidebook, the City should also reference the South
Florida Regional Planning Council which offers several reports and publications related to TOD roles and responsibilities,
framework and implementation. FDOT also offers an excellent resource Accessing Transit: Design Handbook for Florida
Bus Passenger Facilities, Version III, 2013 which provides guidance to local governments and transit agencies in the
design, location, and installation of transit facilities consistent with state and federal laws and regulations, including the
American with Disabilities Act (ADA), and best practices.
City Response to Recommendation #1 for Technical Assistance Comment #11:
Thank you for this information. The City has noted the availability of this resource.
Recommendation #2 for Technical Assistance Comment #11
FDOT recommends that the City add a new policy requiring coordination with FDOT regarding any plans/studies for TOD,
planned unit development, or mixed -use development with potential to impact transportation facilities of state and
regional importance.
City Response to Recommendation #2 for Technical Assistance Comment #11:
Thank you. As noted above, the City will continue to provide appropriate information to FDOT during the development
review process.
Recommendation for Technical Assistance Comment #12
FDOT invites the City to refer to the following resources offered by the Department as it relates to policies under
Objective 2-1.2:
• Policy 2-1.2.1 — This policy references review of posted speeds on al/ major roadways where the desired speed is
lower than the posted speed. Chapter 202 of the Florida Design Manual (FDM) provides guidance with regard to
lowering operating speeds and setting target speeds specifically within the suburban commercial and urban
context zones.
• Policy 2-1.2.2 — This policy references reduction of driveways where possible for proposed development and
redevelopment projects. In addition to reduction of the number of driveways, pedestrian and bicyclist safety
policies should also focus on driveway widths and measures aimed at reducing driveway related bicycle crashes
(especially where the bicyclist is riding facing traffic on a sidewalk). FDOT's Target Zero initiative includes
Transportation Safety Engineering resources aimed at location specific and systemic safety analysis to identify
safety improvement needs and design countermeasures to reduce the frequency and severity of crashes.
• Policy 2-1.2.3 — This policy references developing a database of crashes on major roadways, updated annually.
The FDOT State Safety Office offers several resources for local governments that can assist with crash data
analysis including the Crash Analysis Reporting System (CARS) and the newly integrated Signal 4 Analytics
platform.
8
152 of 198
City Response to Recommendation for Technical Assistance Comment #12:
Thank you. During the development process, the City will refer to the most current guidance from FDOT outlined above.
Recommendation for Technical Assistance Comment #13
FDOT recommends that the City reconcile the future housing supply/need in the FLUE, prior to collaboration with the
private sector to provide additional dwelling units and future annexations.
Citv Response to Recommendation for Technical Assistance Comment #13:
Thank you. As also noted above, Table 1-4 has been updated to reflect consistent population projections throughout the
Comprehensive Plan.
Recommendation for Technical Assistance Comment #14
As the City moves towards providing connectivity and multimodal access to public recreation sites, FDOT recommends
that the City coordinate with the FDOT District Four Bicycle and Pedestrian Coordinator and Safety Champion regarding
community outreach and education if or when pedestrian and bicycle supportive countermeasures are implemented (i.e.
pedestrian hybrid beacons, high visibility crosswalks, rectangular rapid flashing beacons, etc.) to ensure pedestrian and
bicycle connectivity and safety; especially along US-1 with recreation and Intracoostol Waterway access.
Citv Response to Recommendation for Technical Assistance Comment #14:
Thank you for this information. The City has noted the availability of this resource.
Governance and Implementation Element Comment
Please reference Technical Assistance Comment #1 related to FDOT coordination in the early stages of future annexation,
development and redevelopment projects/studies.
Citv Response to Governance and Implementation Element Comment:
Please see the City's response to Recommendation for Technical Assistance Comment #1. The City will continue to
provide appropriate information to FDOT during the development review process.
Recommendation for Technical Assistance Comment #15
Consistent with TAC#4, MOT encourages the City to modify Policy 1-2.4.1 to make analysis of annexations a
requirement, and to include FDOT as a required review agency for those annexations to ensure transportation facilities of
state and regional importance operate at or above the current LOS target/standard.
Citv Response to Recommendation for Technical Assistance Comment #15:
Thank you. However, the City will not consider the recommended modifications to Policy 1-2.4.1. The City values
collaboration with FDOT and the Indian River County MPO and will continue to coordinate as during the development
review process.
9
153 of 198
CM OF
A_,
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
COUNCIL MEETING DATE: June 23, 2020
AGENDA ITEM TITLE: Second Reading of Proposed Charter Amendment Ordinances
0-21-06 to 0-21-13
RECOMMENDATION: Conduct second reading and hold a public meeting. Move to
approve Charter Amendment Ordinances 0-21-06 to 0-21-13 and schedule an election to be held
on Tuesday, November 2, 2021
BACKGROUND: These proposed ordinances are submitted for City Council's
consideration at second reading and public hearing.
ATTACHMENTS:
Ordinance No 0-21-06 to 0-21-13
IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS:
Budgeted Amount: FY21122 - $72,000
Total Cost: $3.00 per registered voter/one double sided ballot card
Funds to Be Utilized for Appropriation: 010009 534990
Administrative Services Department Review:
City Attorney Review.
Procurement Division Review, if applicable:' —
City Mana er Aut � orization
Date: l ,,� /
154 of 198
ORDINANCE NO.0-21-06
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 2, 2021, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORS OF THE CITY OF SEBASTIAN, THE QUESTION
OF WHETHER OR NOT TO AMEND SECTION 1.02 (4) OF THE CITY
CHARTER, RELATING TO INCLUDE BUT NOT LIMITED TO
ELECTRONIC COMMUNICATION SERVICES AS A PUBLIC SERVICE,
PROVIDING BALLOT LANGUAGE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a
municipality may by ordinance submit to the electors of said municipality a proposed
amendment to all or parts of its City Charter; and
WHEREAS, in accordance with Section 5.03 of the City Charter, the Charter Review
Committee has met, held public hearings, and recommended to the City Council certain revisions
to the Charter; and
WHEREAS, the City Council wishes to call an election in the City of Sebastian on
Tuesday, November 2, 2021, for the purpose of submitting to the electors of the City of Sebastian
the question stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, that:
Section 1. ELECTION. A Citywide election is hereby called and scheduled for
Tuesday, November 2, 2021 in the City of Sebastian, Florida, for the purpose of submitting to
the qualified electors of the City of Sebastian the proposed amendment to the City Charter in the
form attached hereto and made a part hereof.
Section 2. BALLOT. The purpose of this election shall be to present a referendum issue
to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter.
The ballot shall be substantially in the following form:
CITY OF SEBASTIAN, FLORIDA
CHARTER AMENDMENT
Ballot Question #1
PROVIDING LOCAL PUBLIC SERVICES TO INCLUDE BUT NOT LIMITED TO
ELECTRONIC COMMUNICATION SERVICES
Shall Section 1.02 (4) Public Utilities of the City of Sebastian City Charter be
amended, as provided in Ordinance 0-21-06, to include but not limited to electronic
communication services as a possible public utility?
155 of 198
Yes for Approval
No for Rejection
Section 3. ELECTION RESULTS. The result of such election shall be determined by
a majority of the qualified electors of the City of Sebastian voting on the proposal.
Section 4. EFFECTIVE DATE. This Ordinance shall become effective immediately
upon its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
. The motion was seconded by Councilmember and,
upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Jim Hill
Councilmember Fred Jones
Councilmember Chris Nunn
Councilmember Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
, 2021.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Mayor Ed Dodd
Approved as to form and legality for
reliance by the City of Sebastian only:
Manny Anon, Jr., Esq.
City Attorney
I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in
the TC Palm Press Journal as required by State Statute, that one public hearing on the Ordinance
was held on the 23 day of June, 2021, and that following said public hearing this Ordinance was
passed by City Council for placement on the November 2, 2021 ballot.
Jeanette Williams, MMC
City Clerk
156 of 198
ATTACHMENT TO ORDINANCE 0-21-06
PROPOSED CHARTER AMENDMENT LANGUAGE
Sec. 1.02. - Extraterritorial powers.
In addition to the powers enumerated herein, the city shall be vested with all extraterritorial.
powers heretofore granted by the prior Charter of the City of Sebastian, Florida, as follows:
(1) Acquisition of property. To acquire by purchase, gift, devise, condemnation, lease or
otherwise, real or personal property or any estate therein, or riparian right or easements
therein, within or without the city, to be used for any municipal purpose, including
cemeteries or places for burial of the dead; streets and highways, public parking lots or
spaces; bridge and tunnels sites; the construction of a telephone system; plants, works
and wells and other equipment necessary for supplying said city with water, ice, gas for
illuminating and heating purposes, and electric power for illuminating, heating and
other purposes; the location of waterworks and sites for public utility works; the
establishment of houses of detention and correction; hospitals for the cure or detention
of the sick; jails; market houses, public parks, playgrounds, airports, docks, sea walls,
yacht harbors, wharves, warehouses, promenades; plants for cremating, neutralizing or
otherwise destroying sewerage, garbage and refuse; for extension of sewer and drainage
pipes and watermains; and for any public or municipal purpose; and to improve, sell,
lease, pledge or otherwise dispose of same or any part thereof for the benefit of the city,
to the same extent that natural persons might do, in the manner provided in this Charter.
Any land purchase in excess of ten percent of the general fund of the current budget
year shall require two appraisals. If the purchase price is in excess of the average of two
appraisals, approval of the purchase would require a supermajority vote of four
members of Council.
(2) Docks, wharves, sea walls. To establish, construct, maintain, operate and control
public landings, piers, wharves and docks within and without the city, and to acquire
lands, riparian rights or other rights and easements necessary for such purposes; to
control and regulate the operation of boats and the speed thereof; to lay and collect
reasonable duties, charges or fees on vessels or watercraft coming into or using such
landings, wharves, and docks; to regulate the manner of using any and all wharves and
docks within and without the city and the rates of wharfage or charges to be paid by
vessels or other watercraft using the same.
(3) Use of public lands and waters. To regulate and control the use and occupancy of the
waters, waterways, water bottoms, wharves, causeways, bridges, beaches, streets,
thoroughfares, alleys, parks, public lots, and other public places in the city and
municipally owned or leased property within or without the city limits; and to impose
and enforce adequate penalties for violation of such rules and regulations.
(4) Public utilities. To furnish any and all local public services, including but not limited
to electronic communication, electricity, gas, water, lights, or transportation, and to
charge and collect necessary fees or charges therefor; to purchase, hire, construct, own,
extend, maintain, operate or lease any public utilities, electric light system, telephone
and telegraph system, waterworks and plants, ice plants, and works, gas plants and
157 of 198
distribution systems, bus or transit systems, radio broadcasting stations, television
stations, cablevision rebroadcasting systems, telephone systems, or other public utility;
to establish, impose and enforce rates and charges for supplying such services or
conveniences by the city to any person, persons, firm or corporation; to furnish any and
all local public services to persons, firms, industries, or municipal corporations residing
or located outside of the limits of said city. To acquire in any lawful manner in the State
of Florida such water, lands and lands under water as the city council may deem
necessary for the purpose of providing an adequate water supply for said city and the
piping and conducting of the same, to make reasonable rules and regulations for
promoting the purity of its said water supply and protecting the same from pollution and
for this purpose to exercise full police powers over all lands comprised within the limits
of the water shed tributary to any such supply wherever such lands may be located in
the State of Florida.
(5) Abatement of nuisances. To compel the abatement and removal of all nuisances within
the city or upon the property owned by the city beyond its corporate limits, at the
expense of the person or persons causing the same, or of the owner or occupant of the
grounds or premises whereon the same may be.
(6) Stock. To provide for inspecting and regulating the sanitary condition of all butcher
pens, meat markets, or other places within and without the city limits, where the
products of same are sold within the city limits, and to provide penalties for the
violation of such regulations.
(7) Airports. To purchase, acquire, take hold, establish, construct, equip, maintain and
operate municipal airports, landing fields, hangars, aviation terminals and
administration buildings, runways depots, warehouses, garages, repair shops, oil and
fuel tanks or stations, or other necessary appurtenances for the use of airplanes and
other aircraft, and to acquire or lease any and all real property within the corporate
limits, or within ten (10) miles of the boundaries thereof for such purpose; to set apart
and use for such purpose any real property owned or leased by the city, whether or not
originally acquired by condemnation, purchase or lease for another purpose; to adopt
and enforce reasonable rules and regulations governing the use of such municipal
airports; to employ airport directors, airport managers, employees or agents in
connection with such operation; to impose fees or charges in connection with the use of
such airport or airport facilities; to sell gasoline or other supplies necessary in
connection with the operation of such airports; to provide lounges, eating places,
refreshment parlors and other facilities in connection with such municipal airports; to let
or lease to private persons or corporations portions of said airports for building sites,
hangar space, concessions or other uses for a term not to exceed thirty (30) years; to
prescribe and promulgate reasonable rules and regulations for the operation of such
airports, and to exercise supervision and control of such operation; to accept and receive
grants from the state and federal governments and any body politic for the construction,
maintenance, operation and management of such airport facilities.
(8) Contracts with other governmental agencies. To enter into contracts with the State of
Florida or any of its subdivisions or agencies, and with the United States of America or
any department or any agency thereof, in order to purchase, lease or acquire property,
real and personal, within or without the limits of the territorial boundaries of the city,
2
158 of 198
for any municipal purpose, and to sell, alienate, convey, lease or otherwise dispose of
same for the benefit and advantage of said city.
(9) To convey to United States or State of Florida. To acquire real estate or any interest
therein, located within or without the territorial limits of said city, by purchase, gift,
devise, condemnation or otherwise, for the purpose of giving, granting or conveying the
same to the United States of America or the State of Florida, or any lawful agency or
subdivision thereof, whenever the city council of said city shall deem it advisable,
beneficial and to the best interest of said city so to do, or in order to induce the
construction of public institutions and public works of any and all kinds.
(10) Gotf course. To acquire, construct, own and operate a golf course or golf courses and
all such buildings and improvements as said city may deem necessary or desirable for
use in connection therewith, within or outside of the limits of said city; to use any lands
now owned by said city for the purpose of a golf course or golf courses, and to acquire
by purchase, lease, condemnation or otherwise for such purposes any lands within or
outside the limits of said city as it may deem necessary or desirable, to charge
reasonable admissions, rentals or fees for the use or enjoyment of such golf course or
golf courses by the users thereof, and prescribe reasonable rules and regulations for the
use and operation thereof.
(11) Eminent domain. To exercise the right and power of eminent domain, that is, the
right to appropriate property within or without the territorial limits of said city for the
following uses or purposes: For streets, lanes, alleys and ways, for public parks, squares
and grounds, for drainage and for raising or filling in land in order to promote sanitation
and healthfulness, for reclaiming and filling when lands are low or wet or overflowed,
altogether or at times and entirely or partly, for the abatement of any nuisance, for the
use of water pipes and for sewage and drainage purposes, for laying wires and conduits
under the ground, for city buildings, waterworks, pounds, electric power plants, bridges,
sea walls, bulkheads, causeways, docks, golf courses, airports and any and all other
powers granted to said city by this Charter and for any other municipal purpose and for
any other purpose granted by law, all of which shall be coextensive with the powers of
the City of Sebastian exercising the right of eminent domain and the absolute fee simple
title to all property so taken and acquired shall vest in said city unless the city seeks to
condemn a particular right or estate in such property. That the procedure for the
exercise of eminent domain or the condemnation of any lands or property under this
subsection shall be the same as is provided by the general laws of the State of Florida
with respect to eminent domain. The city shall not use the power of eminent domain for
a project having the purpose of transferring rights in the properties acquired to a private
party in pursuit of economic development.
K
159 of 198
ORDINANCE NO.O-21-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 2, 2021, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORS OF THE CITY OF SEBASTIAN, THE QUESTION
OF WHETHER OR NOT TO AMEND SECTION 2.02 OF THE CITY
CHARTER, RELATING TO INCLUDE THE PROVISION THAT ONCE
ELECTED OR APPOINTED, A COUNCIL MEMBER MUST MAINTAIN
CONTINUOUS PHYSICAL RESIDENCY AND VOTER REGISTRATION
IN THE CITY OF SEBASTIAN THROUGHOUT THEIR TERM OF
OFFICE; PROVIDING BALLOT LANGUAGE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a
municipality may by ordinance submit to the electors of said municipality a proposed
amendment to all or parts of its City Charter; and
WHEREAS, in accordance with Section 5.03 of the City Charter, the Charter Review
Committee has met, held public hearings, and recommended to the City Council certain revisions
to the Charter; and
WHEREAS, the City Council wishes to call an election in the City of Sebastian on
Tuesday, November 2, 2021, for the purpose of submitting to the electors of the City of Sebastian
the question stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, that:
Section 1. ELECTION. A Citywide election is hereby called and scheduled for
Tuesday, November 2, 2021 in the City of Sebastian, Florida, for the purpose of submitting to
the qualified electors of the City of Sebastian the proposed amendment to the City Charter in the
form attached hereto and made a part hereof.
Section 2. BALLOT. The purpose of this election shall be to present a referendum issue
to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter.
The ballot shall be substantially in the following form:
CITY OF SEBASTIAN, FLORIDA
CHARTER AMENDMENT
Ballot Question #2
REQUIRE ELECTED OR APPOINTED COUNCIL MEMBERS MAINTAIN
CONTINUOUS RESIDENCY AND VOTER REGISTRATION WITHIN THE CITY
Shall Section 2.02 of the City of Sebastian City Charter be amended, as provided
160 of 198
in Ordinance 0-21-07, to include that once elected or appointed, council member must
maintain a continuous physical residency and voter registration in the City of Sebastian
throughout their term of office?
Yes for Approval
No for Rejection
Section 3. ELECTION RESULTS. The result of such election shall be determined by
a majority of the qualified electors of the City of Sebastian voting on the proposal.
Section 4. EFFECTIVE DATE. This Ordinance shall become effective immediately
upon its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
. The motion was seconded by Councilmember and,
upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Jim Hill
Councilmember Fred Jones
Councilmember Chris Nunn
Councilmember Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
, 2021.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Mayor Ed Dodd
Approved as to form and legality for
reliance by the City of Sebastian only:
Manny Anon, Jr., Esq.
City Attorney
:2
161 of 198
I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in
the TC Palm Press Journal as required by State Statute, that one public hearing on the Ordinance
was held on the 23 day of June, 2021, and that following said public hearing this Ordinance was
passed by City Council for placement on the November 2, 2021 ballot.
Jeanette Williams, MMC
City Clerk
3
162 of 198
ATTACHMENT TO ORDINANCE 0-21-07
PROPOSED CHARTER AMENDMENT LANGUAGE
See. 2.02. - Eligibility.
No person shall be eligible to hold the office of council member unless he or she is a
qualified elector in the city and actually continually resided in the city for a period of one (1)
year immediately preceding the final date for qualification as a candidate for said office. Once
elected or appointed, the council member must maintain a continuous phvsical residencv and
voter registration in the Citv of Sebastian throughout their term of office.
163 of 198
ORDINANCE NO.O-21-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 2, 2021, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORS OF THE CITY OF SEBASTIAN, THE QUESTION
OF WHETHER OR NOT TO AMEND SECTION 2.06 (B) MAYOR -
DUTIES, GENERAL OF THE CITY CHARTER TO GIVE THE MAYOR
THE POWER TO DECLARE A STATE OF LOCAL EMERGENCY;
AMEND SECTION 2.06 (C) VICE MAYOR -SELECTION AND TERM TO
REMOVE THE LANGUAGE STATING THE TERM OF THE VICE
MAYOR SHALL BE FOR ONE YEAR OR UNTIL HIS OR HER
SUCCESSOR IS ELECTED; PROVIDING BALLOT LANGUAGE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a
municipality may by ordinance submit to the electors of said municipality a proposed
amendment to all or parts of its City Charter; and
WHEREAS, in accordance with Section 5.03 of the City Charter, the Charter Review
Committee has met, held public hearings, and recommended to the City Council certain revisions
to the Charter; and
WHEREAS, the City Council wishes to call an election in the City of Sebastian on
Tuesday, November 2, 2021, for the purpose of submitting to the electors of the City of Sebastian
the question stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, that:
Section 1. ELECTION. A Citywide election is hereby called and scheduled for
Tuesday, November 2, 2021 in the City of Sebastian, Florida, for the purpose of submitting to
the qualified electors of the City of Sebastian the proposed amendment to the City Charter in the
form attached hereto and made a part hereof.
Section 2. BALLOT. The purpose of this election shall be to present a referendum issue
to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter.
The ballot shall be substantially in the following form:
CITY OF SEBASTIAN, FLORIDA
CHARTER AMENDMENT
Ballot Question #3
ADD MAYOR HAS THE POWER TO DECLARE EMERGENCY AND REMOVE
TERM OF VICE MAYOR LANGUAGE
164 of 198
Shall Section 2.06 (b) Mayor -Duties, general of the City Charter be amended, as
provided in Ordinance 0-21-08, to give the Mayor the power to declare a state of local
emergency to be consistent with City Code Section 2-37; and 2.06 (c) Vice Mayor -
Selection and Term be amended to remove the term of the Vice Mayor?
Yes for Approval
No for Rejection
Section 3. ELECTION RESULTS. The result of such election shall be determined by
a majority of the qualified electors of the City of Sebastian voting on the proposal.
Section 4. EFFECTIVE DATE. This Ordinance shall become effective immediately
upon its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
. The motion was seconded by Councilmember and,
upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Jim Hill
Councilmember Fred Jones
Councilmember Chris Nunn
Councilmember Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
12021.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Mayor Ed Dodd
Approved as to form and legality for
reliance by the City of Sebastian only:
Manny Anon, Jr., Esq.
City Attorney
2
165 of 198
I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in
the TC Palm Press Journal as required by State Statute, that one public hearing on the Ordinance
was held on the 23 day of June, 2021, and that following said public hearing this Ordinance was
passed by City Council for placement on the November 2, 2021 ballot.
Jeanette Williams, MMC
City Clerk
3
166 of 198
ATTACHMENT TO ORDINANCE 0-21-08
PROPOSED CHARTER AMENDMENT LANGUAGE
Sec. 2.06. - Mayor; vice -mayor.
(a) Mayor —Selection and term. [A]fter the seating of any newly elected council members at
the city council meeting held pursuant to Section 2.04 the new city council shall, as the first
order of business, elect a mayor from among its members. The incumbent mayor or in his or
her absence, the vice -mayor or in his or her absence, the senior member of city council, shall
ask for nominations for mayor. After all nominations have been made, the nominations shall
be closed. The city clerk shall then call the roll of the council members and each council
member shall cast an affirmative vote for the council member of their choice. The council
member that receives a majority vote shall be elected mayor. In the event no council
member receives a majority of the votes cast on the first ballot, balloting with sequential roll
calls shall continue until a council member receives a majority vote. Council members shall
not nominate themselves. Only elected council members shall be eligible for the office of
mayor.
(1) If there is no mayor seated on the new or existing city council, a temporary city
council chairperson may be elected from the incumbent members of the city council for
the purpose of electing a mayor as set forth above.
(2) In the event there is only one nomination and second for mayor, the nominee shall be
seated as mayor.
(b) Mayor —Duties, general. The mayor shall preside at each meeting of the city council, shall
have a vote upon matters before the city council, but shall not possess a veto power. The
mayor shall have the power to declare a state of local emerg-encv, preserve the peace and
order, be recognized as the head of the city government for all ceremonial purposes, and
shall be recognized by the governor as the head of the city government for purposes of
military law. The mayor shall sign all ordinances, resolutions and proclamations of the city
council or other documents as required by law on behalf of the city as directed and
authorized by the city council, which shall also be attested by the city clerk.
(c) Vice -mayor —Selection and term. Immediately subsequent to the selection of a mayor, the
city council shall elect a vice -mayor from among its members. The *e~~^ of the viee fflayof
shall be f eeyear- er-^+i"bis ^.. her- sueeesseF is eleetea. The vice -mayor shall be elected
using the same procedure as for the election of mayor.
(d) Vice -mayor —Duties, general. In the absence or disability of the mayor, the vice -mayor
shall serve as mayor during such absence or disability. In the absence or disability of both
the mayor and vice -mayor, the senior member of city council shall serve as mayor during
such absence or disability.
(e) Vacancies. In the event the office of mayor shall become vacant during the course of a
term, the vice -mayor shall succeed to the office of mayor. In the event the office of vice -
mayor shall become vacant during the course of a term, a new vice -mayor shall be chosen as
the first order of business at the next council meeting.
167 of 198
ORDINANCE NO.O-21-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 2, 2021, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORS OF THE CITY OF SEBASTIAN, THE QUESTION
OF WHETHER OR NOT TO AMEND SECTION 2.08 (A) VACANCIES
OF THE CITY CHARTER TO ADD SUSPENSION; ADD 2.08 (C)
SUSPENSION FROM OFFICE TO INCLUDE THE SUSPENSION OF A
COUNCIL MEMBER IF ARRESTED FOR A FELONY OR
MISDEMEANOR RELATED TO THE DUTIES OF OFFICE; ADD 2.08
(D) SPECIAL HEARING TO INCLUDE WHEN CITY COUNCIL WILL
HOLD A SPECIAL HEARING TO REMOVE OR SUSPEND A COUNCIL
MEMBER OR MAYOR; ADD TO SECTION 2.08 (E) (2) AND (3) FILLING
VACANCIES THAT CITY COUNCIL CAN REVOKE AND RESTORE
SUSPENDED COUNCIL MEMBER OR MAYOR WHO IS ACQUITTED
OR FOUND NOT GUILTY; CHANGE SECTION (D) TO (F); PROVIDING
BALLOT LANGUAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a
municipality may by ordinance submit to the electors of said municipality a proposed
amendment to all or parts of its City Charter; and
WHEREAS, in accordance with Section 5.03 of the City Charter, the Charter Review
Committee has met, held public hearings, and recommended to the City Council certain revisions
to the Charter; and
WHEREAS, the City Council wishes to call an election in the City of Sebastian on
Tuesday, November 2, 2021, for the purpose of submitting to the electors of the City of Sebastian
the question stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, that:
Section 1. ELECTION. A Citywide election is hereby called and scheduled for
Tuesday, November 2, 2021 in the City of Sebastian, Florida, for the purpose of submitting to
the qualified electors of the City of Sebastian the proposed amendment to the City Charter in the
form attached hereto and made a part hereof.
Section 2. BALLOT. The purpose of this election shall be to present a referendum issue
to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter.
The ballot shall be substantially in the following form:
CITY OF SEBASTIAN, FLORIDA
CHARTER AMENDMENT
Ballot Question #4
168 of 198
PROVIDE FOR SUSPENSION, A SPECIAL HEARING AND A PROVISION TIC)
RESTORE A COUNCIL MEMBER
Shall Sections 2.08 (a), (c), (d) (e) and (f) be amended, as provided in Ordinance
0-21-09, to include the suspension of a council member if he or she is arrested for a
felony or misdemeanor related to the duties of office as determined at a special hearing
and to revoke and restore the suspension upon acquittal or found not guilty?
Yes for Approval
No for Rejection
Section 3. ELECTION RESULTS. The result of such election shall be determined by
a majority of the qualified electors of the City of Sebastian voting on the proposal.
Section 4. EFFECTIVE DATE. This Ordinance shall become effective immediately
upon its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
. The motion was seconded by Councilmember and,
upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Jim Hill
Councilmember Fred Jones
Councilmember Chris Nunn
Councilmember Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
, 2021.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Mayor Ed Dodd
Approved as to form and legality for
reliance by the City of Sebastian only:
Manny Anon, Jr., Esq.
City Attorney
2
169 of 198
I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in
the TC Palm Press Journal as required by State Statute, that one public hearing on the Ordinance
was held on the 23 day of June, 2021, and that following said public hearing this Ordinance was
passed by City Council for placement on the November 2, 2021 ballot.
Jeanette Williams, MMC
City Clerk
3
170 of 198
ATTACHMENT TO ORDINANCE 0-21-09
PROPOSED CHARTER AMENDMENT LANGUAGE
Section 2.08 Vacancies; forfeiture of office; filling of vacancies.
(a) Vacancies. The office of council member or mayor shall become vacant upon his/her death,
resignation, removal from office in any manner authorized by law or forfeiture/suspension of
his/her office.
(b) Forfeiture of office. A Council member or the mayor shall forfeit his/her office if he/she:
(1) Lacks at any time during his/her term of office any qualification for the office
prescribed by this Charter or by law;
(2) Violates any express prohibition of this Charter;
(3) Is convicted of a crime involving moral turpitude; or
(4) Fails to attend three (3) consecutive regular meetings of the city council without
being excused by the city council.
(c) Suspension from office. A Council Member or the Mavor may be suspended from his/her
office if he/she is arrested for a felonv or for a misdemeanor related to the duties of office.
(d) Special Hearing. The Citv Council. with the advice of the Citv Attornev, will hold a Special
Hearing to consider the vote to remove or suspend a Council Member or Mavor if in violation of
Sections (b) or (c) above.
{e-,1 e Filling vacancies. Any vacancy in the office of council member shall be filled in
accordance with the provisions of this subsection:
(1) If there is a scheduled citywide election within six months of the occurrence of the
vacancy, the remaining members of the city council may either (A) permit the vacancy to
be filled at that election, or (13) appoint a replacement.
(2) If there is not scheduled citywide election within six months of the occurrence of the
vacancy, the remaining members of the city council shall appoint a replacement within 45
days.
In the event the city council fills a vacancy by appointment, the person chosen to fill the
office shall at the time of appointment meet the qualifications for a member of the city
council. An appointed city council member shall serve only until the next citywide election
or until city council revokes the suspension and restores the council member or mavor to
office in accordance with Section 3 below. If the vacancy has occurred in the term of a city
council member that extends beyond the next citywide election, the remainder of the
unexpired term shall be filled at the election, and the candidate shall run specifically for that
seat on the city council.
171 of 198
(3) If the council member or mavor is acquitted or found not guilty or is otherwise
cleared of the charges which were the basis of the arrest. indictment. or information by
reason of which he/she was suspended, under section (b)-(d) then the citv council shall
forthwith revoke the suspension and restore the council member or mavor to office.
However. anv person who pleads guilty or nolo contendere or is found guilty shall be
deemed to have been convicted. notwithstanding a suspension of sentence or a
withholding of adiudication.
,00-6Q Filling vacancies in candidacy. In the event that following the close of the official
qualifying period set out in Charter Section 4.02(b), the number of legally qualified candidates is
fewer than the number of seats open for election, the new city council shall fill the vacancy in
office in the same manner described above in paragraph (e) (e) of this section.
2
172 of 198
ORDINANCE NO.O-21-10
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 2, 2021, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORS OF THE CITY OF SEBASTIAN, THE QUESTION
OF WHETHER OR NOT TO AMEND SECTION 2.12-PROCEDURE (A)
MEETING OF THE CITY CHARTER TO LIMIT A SPECIAL MEETING
TO ONE (1) TOPIC AND REQUIRE REASONABLE NOTICE;
PROVIDING BALLOT LANGUAGE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a
municipality may by ordinance submit to the electors of said municipality a proposed
amendment to all or parts of its City Charter; and
WHEREAS, in accordance with Section 5.03 of the City Charter, the Charter Review
Committee has met, held public hearings, and recommended to the City Council certain revisions
to the Charter; and
WHEREAS, the City Council wishes to call an election in the City of Sebastian on
Tuesday, November 2, 2021, for the purpose of submitting to the electors of the City of Sebastian
the question stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, that:
Section 1. ELECTION. A Citywide election is hereby called and scheduled for
Tuesday, November 2, 2021 in the City of Sebastian, Florida, for the purpose of submitting to
the qualified electors of the City of Sebastian the proposed amendment to the City Charter in the
form attached hereto and made a part hereof.
Section 2. BALLOT. The purpose of this election shall be to present a referendum issue
to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter.
The ballot shall be substantially in the following form:
CITY OF SEBASTIAN, FLORIDA
CHARTER AMENDMENT
Ballot Question #5
LIMIT SPECIAL MEETING TO ONE (1) TOPIC AND REQUIRE REASONABLE
NOTICE
Shall Section 2.12 Procedure (a) Meetings of the City Charter be amended, as
provided in Ordinance 0-21-10 to require a special city council meeting to be limited to
one topic and require reasonable notice?
173 of 198
Yes for Approval
No for Rejection
Section 3. ELECTION RESULTS. The result of such election shall be determined by
a majority of the qualified electors of the City of Sebastian voting on the proposal.
Section 4. EFFECTIVE DATE. This Ordinance shall become effective immediately
upon its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
. The motion was seconded by Councilmember and,
upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Jim Hill
Councilmember Fred Jones
Councilmember Chris Nunn
Councilmember Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
, 2021.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Mayor Ed Dodd
Approved as to form and legality for
reliance by the City of Sebastian only:
Manny Anon, Jr., Esq.
City Attorney
I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in
the TC Palm Press Journal as required by State Statute, that one public hearing on the Ordinance
was held on the 23 day of June, 2021, and that following said public hearing this Ordinance was
passed by City Council for placement on the November 2, 2021 ballot.
Jeanette Williams, MMC
City Clerk
174 of 198
ATTACHMENT TO ORDINANCE 0-21-10
PROPOSED CHARTER AMENDMENT LANGUAGE
Sec. 2.12. - Procedure.
(a) Meetings. The city council shall meet regularly at least once a month at such times and
places as the city council may prescribe by resolution. Special meetings of the city council
may be held on the call of the mayor or any council member limited to one topic. There shall
be at least twenty-four (24) hours advance notice of any special council meeting called and
said meetings shall only be held after 5 p.m. If a public emergency exists any council
member or charter officer may call a special meeting, and the advance reasonable notice is
required ne fie requirement a well as the time .-esh etio -shM» be ;A Bived. All city council
meetings shall be public meetings, except as otherwise permitted by law.
(b) Rules and journal. The city council shall determine its own rules and order of business and
shall provide for keeping a journal of its proceedings. This journal shall be a public record.
(c) voting. Voting may be by voice vote, except that a roll call vote shall be required on
appropriation of funds, for the approval of an ordinance or upon any motion upon the call of
any council member. The ayes and nays on each roll call vote shall be recorded in the
minutes of the meeting. Three (3) members of the city council shall constitute a quorum, but
a smaller number may adjourn from time to time and may compel the attendance of absent
council members in the manner and subject to the penalties prescribed by the rules of the
city council then in force. No action of the city council, except as otherwise provided in this
Charter, shall be valid or binding unless adopted by the affirmative vote of three (3) or more
council members.
175 of 198
ORDINANCE NO. 0-21-11
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 2, 2021, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORS OF THE CITY OF SEBASTIAN, THE QUESTION
OF WHETHER OR NOT TO AMEND SECTION 4.02 (B) - FILING OF
CANDIDATE'S OATH; FEE OF THE CITY CHARTER TO CHANGE
THE DAYS A CANDIDATE HAS TO QUALIFY FOR ELECTION TO AT
LEAST EIGHTY-ONE (81) DAYS, BUT NO MORE THAN NINETY-SIX
(96) DAYS, PRIOR TO THE DAY OF THE ELECTION; PROVIDING
BALLOT LANGUAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a
municipality may by ordinance submit to the electors of said municipality a proposed
amendment to all or parts of its City Charter; and
WHEREAS, in accordance with Section 5.03 of the City Charter, the Charter Review
Committee has met, held public hearings, and recommended to the City Council certain revisions
to the Charter; and
WHEREAS, the City Council wishes to call an election in the City of Sebastian on
Tuesday, November 2, 2021, for the purpose of submitting to the electors of the City of Sebastian
the question stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, that:
Section 1. ELECTION. A Citywide election is hereby called and scheduled for
Tuesday, November 2, 2021 in the City of Sebastian, Florida, for the purpose of submitting to
the qualified electors of the City of Sebastian the proposed amendment to the City Charter in the
form attached hereto and made a part hereof.
Section 2. BALLOT. The purpose of this election shall be to present a referendum issue
to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter.
The ballot shall be substantially in the following form:
CITY OF SEBASTIAN, FLORIDA
CHARTER AMENDMENT
Ballot Question #6
ADJUST DAYS FOR CANDIDATES TO QUALIFY FOR ELECTION
Shall Section 4.02 (b) of the City Charter be amended, as provided in Ordinance
0-21-11 to adjust the days a candidate has to qualify for election to at least 81 days but
no more than 96 days prior to the day of the election?
176 of 198
Yes for Approval
No for Rejection
Section 3. ELECTION RESULTS. The result of such election shall be determined by
a majority of the qualified electors of the City of Sebastian voting on the proposal.
Section 4. EFFECTIVE DATE. This Ordinance shall become effective immediately
upon its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
. The motion was seconded by Councilmember and,
upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Jim Hill
Councilmember Fred Jones
Councilmember Chris Nunn
Councilmember Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
, 2021.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Mayor Ed Dodd
Approved as to form and legality for
reliance by the City of Sebastian only:
Manny Anon, Jr., Esq.
City Attorney
I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in
the TC Palm Press Journal as required by State Statute, that one public hearing on the Ordinance
was held on the 23 day of June, 2021, and that following said public hearing this Ordinance was
passed by City Council for placement on the November 2, 2021 ballot.
Jeanette Williams, MMC
City Clerk
177 of 198
ATTACHMENT TO ORDINANCE 0-21-11
PROPOSED CHARTER AMENDMENT LANGUAGE
Sec. 4.02. - Filing of candidate's oath; fee.
(a) Each candidate, in order to qualify for election to the office of council member, shall take
and subscribe to an oath or affirmation in writing. A printed copy of the oath or affirmation
shall be furnished to the candidate by the city clerk and shall comply with the provisions of
Florida law.
(b) The oath set forth in subsection (a) shall be filed with the city clerk at least sixty (60)
eip-hty-one (81) days, but no more than sovent . fiv '75` ninetv-six (96) days, prior to the
day of the election, along with payment of a nonrefundable filing fee in an amount to be set
forth by Code.
178 of 198
ORDINANCE NO.0-21-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 2, 2021, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORS OF THE CITY OF SEBASTIAN, THE QUESTION
OF WHETHER OR NOT TO AMEND SECTION 4.12 (B) — ELECTION
PROCEDURES; TIE VOTE TO INCLUDE THE LANGUAGE FOR THE
OUTCOME OF A TIE VOTE SHALL BE IN ACCORDANCE WITH
FLORIDA LAW; PROVIDING BALLOT LANGUAGE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a
municipality may by ordinance submit to the electors of said municipality a proposed
amendment to all or parts of its City Charter; and
WHEREAS, in accordance with Section 5.03 of the City Charter, the Charter Review
Committee has met, held public hearings, and recommended to the City Council certain revisions
to the Charter; and
WHEREAS, the City Council wishes to call an election in the City of Sebastian on
Tuesday, November 2, 2021, for the purpose of submitting to the electors of the City of Sebastian
the question stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, that:
Section 1. ELECTION. A Citywide election is hereby called and scheduled for
Tuesday, November 2, 2021 in the City of Sebastian, Florida, for the purpose of submitting to
the qualified electors of the City of Sebastian the proposed amendment to the City Charter in the
form attached hereto and made a part hereof.
Section 2. BALLOT. The purpose of this election shall be to present a referendum issue
to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter.
The ballot shall be substantially in the following form:
CITY OF SEBASTIAN, FLORIDA
CHARTER AMENDMENT
Ballot Question #7
OUTCOME FOR A TIE VOTE SHALL BE IN ACCORDANCE WITH FLORIDA
LAW
Shall Section 4.12 (b) of the City Charter be amended, as provided in Ordinance
0-21-12 to include the language that the outcome of a tie vote shall be in accordance with
Florida Law instead of a special runoff election?
179 of 198
Yes for Approval
No for Rejection
Section 3. ELECTION RESULTS. The result of such election shall be determined by
a majority of the qualified electors of the City of Sebastian voting on the proposal.
Section 4. EFFECTIVE DATE. This Ordinance shall become effective immediately
upon its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
. The motion was seconded by Councilmember and,
upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Jim Hill
Councilmember Fred Jones
Councilmember Chris Nunn
Councilmember Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
, 2021.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
M.
Mayor Ed Dodd
Approved as to form and legality for
reliance by the City of Sebastian only:
Manny Anon, Jr., Esq.
City Attorney
I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in
the TC Palm Press Journal as required by State Statute, that one public hearing on the Ordinance
was held on the 23 day of June, 2021, and that following said public hearing this Ordinance was
passed by City Council for placement on the November 2, 2021 ballot.
Jeanette Williams, MMC
City Clerk
2
180 of 198
ATTACHMENT TO ORDINANCE 0-21-12
PROPOSED CHARTER AMENDMENT LANGUAGE
Sec. 4.12. - Election procedures; tie vote.
(a) In all general or special elections, the candidates receiving the highest vote in each of the
offices of council member to be filled, shall be elected for two-year terms, or the balance of
the term.
(b) In the event that at any election there are two (2) or more candidates for the same office and
they should receive the same number of votes,
van off eleetien between the tied eandideAes to be held no Wer- than thii4y (30) days after- the
the outcome shall be in accordance
with Florida Law.
181 of 198
ORDINANCE NO.O-21-13
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 2, 2021, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORS OF THE CITY OF SEBASTIAN, THE QUESTION
OF WHETHER OR NOT TO AMEND SECTION 4.14 - INTERIM
GOVERNMENT OF THE CITY CHARTER TO CLARIFY WHAT TO DO
WHEN THERE IS NOT A MAJORITY OF CITY COUNCIL AVAILABLE
TO SERVE AND TAKE ACTION EITHER THROUGH DEATH,
RESIGNATION, SUSPENSION OR REMOVAL FROM OFFICE;
PROVIDING BALLOT LANGUAGE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a
municipality may by ordinance submit to the electors of said municipality a proposed
amendment to all or parts of its City Charter; and
WHEREAS, in accordance with Section 5.03 of the City Charter, the Charter Review
Committee has met, held public hearings, and recommended to the City Council certain revisions
to the Charter; and
WHEREAS, the City Council wishes to call an election in the City of Sebastian on
Tuesday, November 2, 2021, for the purpose of submitting to the electors of the City of Sebastian
the question stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, that:
Section 1. ELECTION. A Citywide election is hereby called and scheduled for
Tuesday, November 2, 2021 in the City of Sebastian, Florida, for the purpose of submitting to
the qualified electors of the City of Sebastian the proposed amendment to the City Charter in the
form attached hereto and made a part hereof.
Section 2. BALLOT. The purpose of this election shall be to present a referendum issue
to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter.
The ballot shall be substantially in the following form:
CITY OF SEBASTIAN, FLORIDA
CHARTER AMENDMENT
Ballot Question #8
WHAT TO DO WHEN THERE IS NOT A MAJORITY OF CITY COUNCII.
AVAILABLE TO SERVE
182 of 198
Shall Section 4.14 of the City Charter be amended, as provided in Ordinance 0-
21-13 to clarify the language what to do when there is not a majority of City Council
available to serve and to add the language for the removal or suspension from office as
additional reasons Council Member would not be able to serve?
Yes for Approval
No for Rejection
Section 3. ELECTION RESULTS. The result of such election shall be determined by
a majority of the qualified electors of the City of Sebastian voting on the proposal.
Section 4. EFFECTIVE DATE. This Ordinance shall become effective immediately
upon its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
. The motion was seconded by Councilmember and,
upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Jim Hill
Councilmember Fred Jones
Councilmember Chris Nunn
Councilmember Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
, 2021.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Mayor Ed Dodd
Approved as to form and legality for
reliance by the City of Sebastian only:
Manny Anon, Jr., Esq.
City Attorney
2
183 of 198
I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in
the TC Palm Press Journal as required by State Statute, that one public hearing on the Ordinance
was held on the 23 day of June, 2021, and that following said public hearing this Ordinance was
passed by City Council for placement on the November 2, 2021 ballot.
Jeanette Williams, MMC
City Clerk
3
184 of 198
ATTACHMENT TO ORDINANCE 0-21-13
PROPOSED CHARTER AMENDMENT LANGUAGE
Sec. 4.14. - Interim government.
Should a condition arise where there should be ne not be a majority (3 or more) city council
serving, either through death, resignation, removal or suspension from office or otherwise, in the
interim until a special election can be called to fill such vacancies, the city clerk shall have the
power to fill the vacancies until successors are elected, and such city council so appointed shall
call a special election as provided by this Charter. In the event of the inability or refusal of the
city clerk to serve in such capacity or to fill such vacancies, within five (5) days after such
condition arises, the city manager shall do so. In the event of the inability or refusal of the city
manager to act within twenty-four (24) hours, the city attorney shall do so.
185 of 198
CML*
T_ - - QS T�
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetinq Date: June 23, 2021
Agenda Item Title: Approve Wright Construction Group (WCG) CSA-1 in the amount of
$40,573.00 for Design and Encineerinc of Sebastian Airport West Side
sewer utility infrastructure.
Recommendation: Approve CSA-1 with Wright Construction Group and authorized City
Manager to approve related documents.
Background: Concurrent with its Design and Engineering of the new Public Works
Facilities Compound at 505 Airport Drive West, which in itself contains design elements of connecting the PW
buildings to IRC Sewer, Wright Construction Group is heading the full design of bringing sewer utilities to the
west side of Sebastian Municipal Airport that will serve existing airport tenants and lay the design groundwork
to connect future tenants.
The Design and Engineering work outlined in CSA-1 is a necessary precursor to the construction portion of
the project.
The funding for full project (design and construction) comes from an FDQT PTGA (Public Transporta'lion
Grant Agreement) that was previously reviewed and accepted by City Council on August 26, 2020.
If Aqenda Item Requires Expenditure of Funds:
Project Amount $1,000,000.00
PTGA FM445948-1 $ 800,000,00 80%
City matching funds $ 200,000.00 20% < Source DST
Amount of CSA-1 $ 40,573.00 ($32,000 FDDTI$8,000 City)
Attachments:
1. CSA #1 —Wright Construction Group
2. Scope & Fee
Administrative Services Department Review:I�`�
City Attomey Review:
Procurement Division Review, if applicable. - -I
City Manager uthorization:
Date:
186 of 198
CITY OF SEBASTIAN, FLORIDA
WORK AUTHORIZATION FORM
CONSULTANT SERVICE AGREEMENT (CSA)
WRIGHT CONSTRUCTION GROUP, INC.
5811 Youngquist Road
Ft. Myers, FL 33912
Work Authorization No: GSA - 1
Project Title: Design Utilities Sewer Infrastructure for Sebastian Airport west side Tenants and Provide Bidding Services.
Description of Assignment:
IT IS AGREED that Wright Construction Group (WCG) will undertake the work outlined in the scope and fee to design and arrive at a
GMP to complete the installation of sewer utilities on the west side of Sebastian Municipal Airport as presented to the City of Sebastian
in their Scope & Fee dated November 2, 2020.
Wright Construction Group will prepare documents in accordance with City of Sebastian purchasing practices to solicit bids to complete
the construction of this project.
1. Preliminary Planning
Engineering and Construction Plans for Airport west side sewer infrastructure are included in this CSA.
2. Permitting & Inspections
Under this CSA, WCG will apply for all necessary permits and conduct all required inspections outlined by FDOT-
Aviation grant assurance guidelines.
3. Contract Administration
WCG is responsible for Project Management, Logs, Quality Testing, and Inspections and will perform Project Grant
Closeout documentation for the City and FDOT.
4. Vendor's Responsibility (include estimated hours, if applicable)
Description Estimated Hours
4.1 Design Services outlined in Scope and Fee NIA
14.2 Bidding services to arrive at a GMP NIA
5. Pricing
Description Quantity Contracted Unit
Price
Preliminary Planning NIA NIA
Permitting & Inspections 1 Included in 4.2
Contract Administration 1 Included in 4.1 and
4.2
4.1 Tasks outlined in Scope & Fee 1 $ 40,573.00
Included in 4.2
6. Deliverables Provided to the City (surveys, plans, etc.)
Description
a. 100% Construction Plans, Permits, GMP
b. NIA
c. NIA
Basic of Compensation/Period of Services:
The above referenced description for CSA # will be performed for a fee in the amount of $40,573.00
AGREED:
VENDOR:
Date:
Wright Construction Group
Scott Loiacano, Senior Project Manager
Attest:
Date:
Jeanette Williams, City Clerk
CITY OF SEBASTIAN:
City Manager
TOTALS
NIA
Included in 4.2
Included in 4.1 and 4.2
$ 40,573.00
Included in 4.2
Quantity
Date:
Approved as to Form and Content for Reliance
by the City of Sebastian only:
Date:
Manny Anon Jr., Esq., City Attorney
187 of 198
M J fee
November 2, 2020
Scott Baker
Public Facilities Director; Airport Director
City of Sebastian — Public Works Maintenance and Garage Compound — Design Build
1225 Main Street
Sebastian FL 32958
RE: Preconstruction Proposal for Design Build of the City of Sebastian Airport Drive West Properties
and Corporate Park Drive Off -Site Utility Project
Dear Scott,
Wright Construction Group would like to thank you for this opportunity to present you with our
proposal for pre -construction services for the above referenced project.
As requested, we here -in propose to work on the proposed services to become the base of the contract.
Construction costs will be added into the base contract by amendment once this GMP has been
established and approved by the City.
Our proposal is based on the following assumptions:
1. The design and construction progress schedules will be established during the preconstruction
phase and coordinated with the City.
2. The construction budgets are currently yet to be established.
Preconstruction services include the following:
1. Work with the City and Carter and Associates, Inc. (Civil Engineer) to develop the project to the
construction phase based on meetings with the City.
2. Proposal includes all necessary design requirements to connect eleven properties to the new
proposed sewer. See attached aerials
3. Manage the design services being performed by Carter and Associates, Inc. and their sub
consultants.
4. Survey services are included by the Civil Engineer in the preconstruction proposal.
5. Provide civil construction documents and specifications for review with the City of Sebastian
any other municipalities.
6. Perform a constructability review of the project construction documents and specifications.
7. An opinion of probable cost to be developed during the design development stage.
8. Attend project related meetings and provide written records of the meetings (as required).
`RNI :55i�%3
9. Provide the appropriate bid documents needed for subcontractor and vendor pricing.
10. Advertise and solicit bids via our on-line plan room, and other public sources
11. Conduct pre -bid meetings to inform prospective bidders and minimize unknowns.
12. Prepare a construction detailed schedule to attach to subcontracts when issued.
13. Develop a Phasing Plan (if required)
14. Develop a Site Utilization Plan
15. Establish the Guaranteed Maximum Price (GMP).
16. Include an owner's contingency in the GMP.
17. Project is assumed to be constructed in the same time period as the balance of off -site
improvements related to the City of Sebastian Public Works Maintenance and Garage
Compound.
We propose to present this project in a series of GMP's (Guaranteed Maximum Price) and not to restrict
it by line item.
ALL design services for Design Development, and GMP Phases from the Civil Engineer. Carter
and Associates. Inc., and sub consultants required to establish the GMP are included in this
proposal.
The Project contingency will be managed by the project team with the entire unused portion returned to
the Owner upon completion and close out of the final pay application. The Project contingency will not
be spent without approval from the Owner.
Our proposed lump sum fee for the above services is $ 40,573.00 (Forty Thousand Five Hundred
Seventy -Three Dollars) which will be invoiced on a periodic basis as preconstruction milestones are
achieved.
We propose to prepare the general conditions necessary to manage the construction phase of the project
and submit them with the Guaranteed Maximum Price.
Please review our proposed scope of services for this phase of your project and contact me with any
questions or comments regarding same.
Respectfully Submitted,
DN
Digitally signed by Scott
Scott Loiacano
: cr.--Scott Loiacano, o,
ou,
Loiacano-email=scott.loiacano@wcgfl
corn,r-US
Date: 20 20.11.02 11:34:01
Scott Loiacano -05'oa
Senior Project Manager
Page 2 of 2
189 of 198
City of Sebastian
Public Works Off Site Utilities
Preconstruction Phase Services
11/2/2020
Schematic Design Phase
Preliminary design sketches to identify scope.
Design Development Phase
Once the preliminary design is approved, we will proceed with the design development drawings.
Inlcudess coordination coordination with multiple progress meetings, design analysis, grant
application coordination, including updated sketches and opinions of probably costs. Includes
topographic surveys required for route survey along Airport Drive West and Corporate Park Drive.
Includes locates of sanitary sewer connection points (i.e. clean -out, plumbing lines, septic tank, etc.)
for eleven Airport Drive West and Corporate Park Drive properties per the on -site meeting with
airport director, Scott Baker. Includes topographic survey of abandoned northwest runway. Includes
$0
preparation of a survey base map drawing overlaid onto an anerial with located improvements.
Includes formal construciton plans and specifications for the the gravity sewer connection to locations
of properties surveyed as referenced above. Includes complete permitting services for Indian River
County (Utility) and City of Sebastian (Right Of Way)Wright Cosntruction group to facilitated and
coordinate as necessary. $18,260
GMP Phase
At this stage in preconstruction for the off site utilities, all construction documents and specifications
have been completed prior. Necessary permitting will also be well underway. The subcontractor bid
process will begin at this point to include broadcast advertising through multiple outlets, and holding
pre -bid meetings to ensure an understanding of scopes, schedule, and site constraints. Redi-Check
will be performed again to flush out any potential issues in the documents. Final CPM schedules will
be created. RFI's will be coordinated with the appropriate design professionals. Material purchases
will be negotiated with major suppliers where advantageoud to the City. Receive, review, and qualify
bids from subcontractors. Finalize GMP for presentation to the City of Sebastian. Construction
services for Carter and Associates, Inc. are included in this proposal. Includes Civil Engineering "on -
site" representation as necessary and system certification and "as-builts" for permitting agencies. $19,,470
Misc. Administrative Costs $0
G/LInsurance $189
Subtotal $37,919
7% Fee (OH & P) $2,654
Total Preconstruction Phase Services $40,573
* NOTE: Included in WCG Preconstruction Services above are ALL CIVIL DESIGN AND CONSTRUCTION SERVCIES.
Preconstruction chase services amount above is ALL Inclusive.
190 of 198
CR C*
: � -�,� ST
1r
HOME Of PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetinq Date: June 23, 2021
Aqenda Item Title: Florida League of Cities Annual Conference Items
Recommendation: Appoint a voting delegate and consider the submission of resolutions
Backqround: During the business meeting at the FLC Annual Conference, one official from
each municipality will make decisions that determines the direction of the League.
Each municipality has the opportunity to submit resolutions relating to constitutional, congressional and
commemorative issues that directly pertain to municipal affairs. These resolutions are submitted for
consideration by the Resolution Committee.
Attachments: FLC Info
Administrative Services Department Review.` l
City Attorney Review:
Procurement Division Review, if applicable:
City Manager Authorization:
Date: ! /W I ` !
• ! ' 1
193 of 198
► � e
♦ R
•FLC
FLORIDA LEAGUE OF CITIES
To: Key Official
From: Eryn Russell, Florida League of Cities
Date: June 11, 2021
Subject: 95th Annual Conference Voting Delegate Information
The Florida League of Cities' Annual Conference will be held at the World Center Marriot, Orlando, Florida on
August 12-14, 2021. This conference will provide valuable educational opportunities to help Florida's
municipal officials serve their citizenry more effectively.
It is important that each municipality designate one official to be the voting delegate. Election of League
leadership and adoption of resolutions are undertaken during the business meeting. One official from each
municipality will make decisions that determine the direction of the League.
In accordance with the League's by-laws, each municipality's vote is determined by population, and the
League will use the Estimates of Population from the University of Florida.
Conference registration materials were sent to each municipality via newsletter and are also available online
at floridaleagueofcities.com/education-and-events/annual-conference.
If you have any questions on voting delegates, please call (850) 701-3616 or email erusseli@ficities.com.
Voting delegate forms must be received by the League no later than July 28, 2421.
Attachments: Form Designating Voting Delegate
LOCAL
VOICES
MAKING
LOCAL
CHOICES
301 S. Bronough Street, Suite 300
Tallahassee, Florida 32301
P.O. Box 1757
Tallahassee, Florida 32302-1757
Phone:850.222.9684 ;��; ficities.com
Fax: 850.222.3806
194 of 198
95th Annual Conference
Florida League of Cities, Inc.
August 12-14, 2021
Orlando, Florida
It is important that each member municipality sending delegates to the Annual Conference of the Florida
League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By -
Laws requires that each municipality select one person to serve as the municipalities voting delegate.
Municipalities do not need to adopt a resolution to designate a voting delegate.
Please fill out this form and return it to the League office so that your voting delegate may be properly
identified. Voting delegate forms must be received by the League no later than July 28, 2021.
Designation of Voting Delegate
Name of Voting Delegate:
Title:
Municipality of:
AUTHORIZED BY:
Name
Title
Return this form to:
Eryn Russell
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
Fax: (850) 222-3806
Email: erussell@flcities.com
2of2
F LC LOCAL VOICES MAKING LOCAL CVOICES
FLORIDA LEAGUE OF CITIES
Submit Resolutions for Consideration by July 7
The Florida League of Cities Resolutions Committee will meet during the 2021 Annual Conference, which
will be held August 12-14 in Orlando. Any municipality interested in submitting resolutions for
consideration by the Resolutions Committee must send them to the League no later than Wednesday,
July 7 to ensure inclusion in the packet of proposed resolutions.
The League's bylaws provide that only federal, state constitutional and statewide commemorative issues
that directly pertain to municipal affairs are to be considered by the Resolutions Committee. The
Resolutions Committee may not consider state legislative issues; rather state legislative issues are
referred to the FLC Legislative Policy Committees for consideration. If you have any questions or need
additional information, contact Allison Payne at apayne@flcities.com or 850.701.3602.
196 of 198
RESOLUTION NO. R-21-04
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING PROCEDURES FOR CHARTER OFFICERS FOR
GOAL SETTING, EVALUATIONS, WAGE ADJUSTMENTS OR OTHER
INCREASES IN COMPENSATION, AND RE -NEGOTIATIONS OF EMPLOYMENT
AGREEMENTS; REPEALING RESOLUTION NO. R-10-05, IN ITS ENTIRETY;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City Council deems it appropriate to establish procedures for charter officers for
goal setting, evaluations, wage adjustments or other increases in compensation, and re -negotiations
of employment agreements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS:
SECTION 1. CHARTER OFFICER GOAL SETTING.
City Council shall annually set and review goals and objectives for the City Manager, City
Attorney, and City Clerk at a public City Council meeting in June.
SECTION 2. CHARTER OFFICER EVALUATION PROCEDURE.
The Human Resources Director (HRD) shall prepare and recommend blank forms to the City
Council before June 151 of each year for the evaluation of the Charter Officers. No later than July 1"of
each year, City Council members shall complete an annual evaluation for the City Manager, City
Attorney and City Clerk by using the forms provided by HRD or by using whatever other method each
individual City Council member deems appropriate. Each City Council member may conduct a private
oral interview with one or all of the Charter Officers on an individual basis, if that City Council member
deems it necessary.
SECTION 3. WAGE ADJUSTMENT OR INCREASES IN COMPENSATION.
a. The City Manager, City Attorney and City Clerk shall receive the current wage adjustment
percentage or other increases in compensation terms agreed upon by the Collective Bargaining
Units, which includes the Coastal Florida Public Employees Association (the "CFPEA") and the
Coastal Florida Police Benevolent Association (the "CFPBA"). Should the wage adjustment or other
increases be different for the two Collective Bargaining Units, the City Council shall vote on the one
to be applied to each Charter Officer.
b. At a Meeting in July of each year, the individual City Council members shall publicly
comment on the method they used to evaluate each Charter Officer and summarize the results of
their evaluation. Following those comments, the City Council may vote to grant such merit increases
to the City Manager or City Attorney or City Clerk that the City Council deems appropriate, in addition
to the current wage adjustment percentage or other increases in compensation terms addressed in
the above paragraph of this Section.
SECTION 4. RE -NEGOTIATION OF EMPLOYMENT AGREEMENTS.
The Charter Officers' Employment Agreements are subject to re -negotiation every three (3)
years, if the Charter Officer request that it be re -negotiated one (1) month before the three (3) years
expires. Otherwise, the Employment Agreement will continue in force for three (3) additional years,
for purposes of re -negotiations. The re -negotiations, if any, shall be handled by the City Mayor, in
consultation and support by the Chief Financial Officer (CFO) and Human Resource Director (HRD).
197 of 198
SECTION 5. REPEAL. This Resolution repeals Resolution R-10-05 in its entirety.
SECTION 6. CONFLICTS. All other resolutions or parts of resolutions in conflict herewith are
hereby repealed.
SECTION 7. PROVIDING FOR SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the
City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of this Resolution without said
invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect.
SECTION 8. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized by
the City Manager, or the City Manager's designee, without need of further action of the City Council
by filing a corrected copy of same with the City Cleric.
SECTION 9. EFFECTIVE DATE. This resolution shall take effect immediately upon
adoption. The foregoing Resolution was moved for adoption by Hi I i . The motion was seconded
by Nunn and, upon being put into a vote, the vote was as follows:
Mayor Ed Dodd
ave
Vice Mayor Jim Hill
aye
Council Member Christopher Nunn
aye
Council Member Fred Jones
ave
Council Member Bob McPartlan
aye
The Mayor thereupon declared this Resolution, as modified upon reconsideration, duly
passed, and adopted this loth day of February , 2021,
ATTEST:
AMA
'Jeanette Williams, MMC
`City Clerk
CITY OF SEBASTIAN
Ed Dodd, Mayor
Approved as to form and legality for
reliance by e City Sebasti only:
M r5ny A �g , Jr., Esq.
City AttorJiey
198 of 198