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HomeMy WebLinkAbout11-10-2021 CC MinutesSEBASTIANOn 11 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY (CRA) MINUTES WEDNESDAY, NOVEMBER 10, 2021 -6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Administration of Oath to Newly Elected City Council Members Fred Jones, Bob McPartlan, Christopher Nunn 1. Mayor Dodd called the meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Council Member Jones 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 Christopher Nunn Citv Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Community Development Director/CRA Manager Lisa Frazier Community Development Manager Domi Bosworth Public Facilities Director/Airport Manager Scott Baker Administrative Services Director/CFO Ken Killgore Building Official/Fire Marshal Wayne Eseltine Leisure Services Director Brian Benton Deputy Police Chief Greg Witt The City Clerk administered the Oath of Office to Council Members -Elect Fred Jones, Bob McPartlan, and Christopher Nunn. 5. ELECTION MATTERS 21.075 A. Reading of Certificate of Canvassina Board Returns by the Citv Attomev The City Attorney read the November 2, 2021 election results. Indian River County Commissioner Laura Moss congratulated the new Council and said she looked forward to working with them. She also thanked each of them for their military service given the next day would be Veterans Day. Regular City Council & CRA Meeting November 10, 2021 Page 2 B. Call for Nominations for Mavor by Incumbent Mavor — Clerk calls roll if more than one nomination Council Member Nunn nominated Mr. Hill to serve as the mayor for the year 2021 to 2022. Council Member McPartlan nominated Mr. Jones who declined the nomination. Council Member McPartlan then nominated Mr. Nunn, who also declined the nomination. There were no further nominations. Jim Hill will serve as the mayor for the upcoming year. Mayor Hill thanked Council and highlighted that the City of Sebastian needed a mayor like Ed Dodd when we needed him the most and he was very grateful for the service that he gave, guiding Council through the most tumultuous time of the City. He said only a man of his character and demeanor would be able to do that so the City owes him a great deal of gratitude. C. Call for Nominations for Vice Mavor by Newly A000inted Mavor — Clerk calls roll if more than one nomination Council Member Dodd nominated Mr. Jones to serve as vice mayor as he received the highest amount of votes. There were no other nominations. Fred Jones will serve as the vice mayor for the upcoming year. 5. AGENDA MODIFICATIONS There was no objection to Council Member Dodd moving item #18c.i. - Discuss Crab E Bill's Structural Inspection Report from under his matters to #14c. New Business. 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Brief Announcements: Nov 11 `" - Veterans Day Observance at Riverview Park Veterans Memorial -- 11 am Nov le & 14fb - Craft Club of Sebastian Show-10am —3pm Dec 3' — Sebastian River Area Chamber of Commerce Light Up Night- 5.30 — 8pm Dec 4`" — Rotary Club of Sebastian Brewfest at Riverview Park — Noon - 4pm Dec 7' — Pearl Harbor Day Observance at Riverview Park Mayor Hill announced the upcoming events. Council Member Dodd announced that the County approved the new redistricting map which includes the issue having only two Vero Beach representatives on the County Commission. The City Manager announced the Christmas Parade would take place on December 10 along Indian River Drive at 5:30 p.m. PUBLIC INPUT Don Sandos, 722 Yearling Trail, said he has been talking to residents who feel more police officers are needed, roads need improving; and with the housing development Regular City Council & CRA Meeting November 10, 2021 Page 3 increasing, more teachers are needed. In regard to the upcoming annexations, he suggested a portion of the land be used for a business park to bring more revenue for the City. He said mid -size businesses will offset the additional costs or else taxes will go up. He said he is a retired police chief who has written over a million dollar worth of grants and he is willing to help find more sources of revenue to help the City. Jack Static, Candle Avenue, congratulated the re-elected members and asked to talk about Crab E Bills. Mayor Hill asked him to come back later in the agenda. Andrea Ring said she agreed with Mayor Hill that Ed Dodd is very kind especially with previous councilmen who purposely baited him; he is a true gentleman. Ms. Ring said she could not access the bathroom at Barber Street Park using her walking stick. 8. Mayor Hill adjourned the City Council meeting and convened the Community Redevelopment Agency meeting at 6:25 p.m. A. Septic -to -Sewer Pt Waram i. Consider rant Request from Mr. and Mrs. Stewart— 754 Martin Avenue (Transmittal, Application, Quote, Receipt, Deed, Permit, Letter) The City Manager said this was an after the fact grant but in all aspects, eligible to be considered. He recommended approval and the authorization of payment to the applicant. MOTION by Mr. Nunn and SECOND by Vice Chairman Jones to approve the grant request for 754 Martin Avenue. Roll call: Vice Chairman Jones - aye Mr. McPartlan - aye Mr. Nunn -aye Mr. Dodd - aye Chairman Hill - aye Motion carried. 5-0 9. Chairman Hill adjourned the Community Redevelopment Agency meeting and reconvened the City Council meeting at 6:27 p.m. 10. CONSENT AGENDA 21.152 A. Approve the Piggyback of FL State Contract #43211500-WSCA-I5-ACS for the Purchase of 11 Rugged Laptops for the Police Department from Dell Marketing, LP in the Amount of $32,303.15 (Transmittal, Quote, Master Agreement) 21.153 B. Approve the Piggyback of Omni Partners — IT Solutions Contract #2018011-02 for the Renewal of the Barracuda Backup Solution for a Term of One Year in the Amount of $27,973.68 (Transmittal, Quote, E-mail, Letter) Regular City Council & CRA Meeting November 10, 2021 Page 4 21.154 C. Approve the Piggyback of the Charlotte County Contract #2021000541 for the Purchase of One 2022 Ford Escape in the Amount of $25,084.13 for the Community Development Department (Transmittal, Quote, Charlotte Co. Contract) 21.155 D. Approve the Piggyback of the Charlotte County Contract #2021000541 for the Purchase of One 2022 Ford F150 4x2 Regular Cab Truck in the Amount of $23,260.12 for the Leisure Services Department (Transmittal, Quote, Charlotte Co. Contract) 21.136 E. Approve the Expenditure of $71,089.50 to Shenandoah General Construction to Slip Line Failing Stormwater Pipes at Schumann Drive, Barber Street, and Concha Drive and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quotes) 21.156 F. Consider Use of Community Center by Alco-Thou at No Charge for Use During the Holidays (Transmittal, Letter, Application, Schad) 21.157 G. Approve Alcoholic Beverages at the Community Center for the Bedolla Family Event on December 4, 2021 from 2:30 pm to 10:30 pm - DOB Verified (Transmittal, Application, Receipt) 21.158 H. Approve Alcoholic Beverages at the Yacht Club for the Fantastikids Staff Christmas Party on December 18, 2021 from 6:00 pm to 10:00 pm - DOB Verified (Transmittal, Application, Receipt) 21.159 I. Approve the Road Closures and Use of City Hall's Parking Lot for the Sebastian Riverfront Fine Arts and Music Festival to be Held January 15 and 16, 2022 at Riverview Park (Transmittal, Application, Letter) 21.160 J. Approve January 22 and 23, 2022 Dates for Barb Snow's 3rd Annual Sweet Tea Sip and Stroll Arts and Crafts Event at Riverview Park (Transmittal, Application, Receipt, Cart of Ins) Council Member Nunn asked to pull items C and F. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve items A, B, D, E, G, H, I and J. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Council Member Dodd - aye Mayor Hill - aye Vice Mayor Jones - aye Motion carried. 5-0 Regular City Council & CRA Meeting November 10, 2021 Page 5 Item 10C - Purchase of One 2022 Ford Escaoe The City Manager said this vehicle was upgraded to a four wheel drive vehicle at the request of staff and corresponded to their request of beginning to go with hybrid vehicles. MOTION by Council Member Nunn and SECOND by Council Member Dodd to approve item 10C. Roll call: Council Member Nunn - aye Council Member Dodd - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member McPartlan - aye Motion carried. 5-0 Item 10F - Consider the Use of Communitv Center by Alco-Thon Council Member Nunn said this event would open up the Community Center during the holiday period to offer an on -going AA meeting for those who may need it. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve item 10F passed with a unanimous voice vote. 5-0 11. COMMITTEE REPORTS & APPOINTMENTS 21.096 A. Police Pension Board of Trustees I. Interview, Unless Waived, Submit Nominations for One Civilian Position — Term to Expire November 2025 (Transmittal, Application, Advertisement, Code, List) Dave Puscher introduced himself and said he has served on the Vero Beach Police Pension Board for 15 years, he is a certified pension trustee, and teaches for the Florida Public Pension Trustees. The second applicant, Harry Marshall was not in attendance. Council Member Nunn nominated Mr. Puscher. There were no other nominations. Mr. Puscher will serve on the Police Pension Board of Trustees. 21.161 B. Indian River Countv and Reoional Board/Committee Assianments (Transmittal. List) Vice Mayor Jones agreed to be the alternate to the Affordable Housing Committee and the remaining assignments remained status quo except for the mayoral position on the Elected Officials Oversight Committee. Regular City Council & CRA Meeting November 10, 2021 Page 6 21.161 C. Indian River Countv Commission Monthlv Meetina Monitorina (Transmittal. 2021/2022 Schedule) Council Member Dodd stating he is covering November. Council agreed to cover December and the upcoming 2022 meetings in the order of their seats on the dais. Affordable Housinn Committee Council Member Nunn reported that the Affordable Housing Committee voted today to move forward the draft incentives report to the County Commission which is due by December 31. He noted there are some great things coming next year to provide affordable housing. 12. PUBLIC HEARINGS (Quasi -Judicial and Leaislative) A. QUASI-JUDICIAL HEARING 21.162 1. Resolution No. R-21-31 — PreliminaA Plat for a 2-Lot Subdivision to be Known as Brook's 512 Commercial Development (Transmittal. R-21-31, Plat & Survev. Staff Reoort. ADDlication. P&Z Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A 2-LOT SUBDIVISION KNOWN AS BROOK'S 512 COMMERCIAL DEVELOPMENT; PROVIDING FOR CONFLICTS AND SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-21-31. The Council Members did not have any ex parts communication to declare and the City Clerk swore in all who would provide testimony. Geoff Barkett, Project Agent, Schulke Bittle & Stoddard, displayed a Google Earth map of the landscaping easement which delineated segments, and then he displayed pictures of the existing berm for each segment. (See attached) He asked Council to reconsider the requirement of a 10-foot landscape buffer. The Community Development Manager requested his display for the record. She gave a history of the property. She said the staff report contains all of the items required by the Land Development Code for a plat approval which the applicant has met. She said at the Planning and Zoning Commission hearing there were some residents that spoke regarding the visibility, noise and dust that the removed landscaping prevented and explained there is a code section that if incompatible uses are adjacent to each other, an opaque landscape buffer and or fence can be required at the site plan stage and given the applicant mentioned that they didn't predict any site plan activity for 2Y2-3 years, the Planning and Zoning Commissioners did add that to their motion as a recommendation of approval which has been added to the resolution. She said if Council did feel additional buffering is needed, staff would request a landscape buffer in the rear 15 foot easement and it would be part of the subdivision construction drawing that a fence or landscaping would have to be required to provide for site plan compliance. Regular City Council & CRA Meeting November 10, 2021 Page 7 6:570m The Community Development Manager advised it does meet all of the requirements of the Comp Plan, the Land Development Code and at this time, staff is recommending approval with the conditions listed by staff. In response to questions from Council, the Community Development Manager said there would be access from CR512 or from the library. She said subdivisions are required to have access to an arterial road, which the City does have approval, but it won't show until the site plan is submitted. Council Member Nunn said his concern was that they would lose a third of the parking spots if the access was from CR512. The Community Development Manager explained each subdivision is looked on its own merits and that would be looked at during the site plan process. The City Clerk swore in Dr. Harold Brooks, the owner of the property, who stated an Italian restaurant and dental office is interested in the property. Council Member Dodd said in the original resolution, there were four conditions and he asked if those conditions would carry forward. The Community Development Manager said they would. He asked if there was a need to have something tied to each lot. She said verbiage would come at the final plat. Council Member Nunn asked what amount the code enforcement violations were up to. The City Manager responded the amount was in the neighborhood of $70,000 and once the project came into compliance, a lien would be filed and it would have to be satisfied. There was no one to speak in favor or against the project. Mr. Barkett thanked staff and asked that the landscaping be required at a later date. Council Member Nunn said the Planning and Zoning Commission recommended that that the buffer be provided by the current owner and he agreed to protect the residents behind the property. Mayor Hill and Vice Mayor Jones concurred. Council Member Dodd noted the fines will continue until it comes to final plat; the quicker the code violations are taken care of, the quicker the fines will stop. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve Resolution No. R-21-31 with the conditions requested by the Planning and Zoning Commission. Roll call: Mayor Hill - aye Vice Mayor Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Council Member Dodd - aye Motion carried. 5-0 Regular City Council & CRA Meeting November 10, 2021 Page 8 13. UNFINISHED BUSINESS - None 14. NEW BUSINESS 21.032 A. Aoorove a Work Services Apreement with Wriaht Construction GrouD. Inc. to Construct the West Side Sanitery Sewer Svstem in the GMP Amount of $1.756.570.00 and Authorize the Citv Manager to Execute the ADDfonrlate Documents (Transmittal. Aareemeny Proposal can be accessed at: httos://weblink.citvofsebastian.ora/W ebLink/DocView.asox?id=248357&dbid=0&repo=City The City Manager said Wright Construction is working on the new Public Works Facility and staff requests that they put in this lift station concurrently to connect the existing businesses. MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve a work services agreement with Wright Construction to construct the west side sanitary sewer system. Council Member Dodd noted it is going to be nice that the City is going to build it and the County will maintain it. There was no public input. Roll call: Vice Mayor Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Council Member Dodd - aye Mayor Hill - aye Motion carried. 5-0 21.027 B. Resolution No. R-21-28 - FDOT PTGA #449393-1-94-01 to Plan and Construct Office Improvements Inside Hangar C at the Sebastian Municipal Alort: and Authorize the Citv Manaper to Execute all F�onriate Documents Includinq Neaotiatina an Amended Lease Agreement wit(, Pilot s Paradise (Transmittal. R- 21-28. Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE PLANNING AND CONSTRUCTION OF OFFICE IMPROVEMENTS TO HANGAR "C" AT SEBASTIAN MUNICIPAL AIRPORT AS IT RELATES TO FM449393-1-94-01 "X26 HANGAR C OFFICE IMPROVEMENTS" PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager said this was for the remodeling of Hangar C, at no cost to the City, to allow Pilot's Paradise to expand their business. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve Resolution No. R-21-28. There was no public input. Regular City Council & CRA Meeting November 10, 2021 Page 9 Roll call: Council Member McPartlan - aye Council Member Nunn -aye Council Member Dodd - aye Mayor Hill - aye Vice Mayor Jones - aye Motion carried. 5-0 18C. Discuss Crab E. Bill's Structural Inspection Report Council Member Dodd said a few meetings ago, Council directed the City Manager to hire a structural engineer to do an assessment on the Hurricane Harbor building at the Working Waterfront. As a result of the inspection, the Director of the Building Department has issued a warning for the back part of the building and it is roped off. The engineering report indicated the building is in poor repair and the visible structure is failing in many areas and the reporting engineer said that he didn't tear down anything to see what's going on behind the walls or ceiling. Council Member Dodd said from his perspective it is kind of scary because it was like someone sees a water spot on a ceiling and says, "I don't know what caused it but I'm going to paint over it." He said it is a testament to the City Manager that they moved the business out of the back of the building; based on the information in the report, it is more severe than they anticipated for the building and he said Council needs to be involved in the next steps and he asked Council if they should move forward with moving Crab E Bills out of the building and determine if any part of the building can be saved by a structural engineer. He also suggested having public meetings or outreach to see what they can do with the building, if it is salvageable; and then bring in an architectural firm or design/build firm to see what part can be saved with options. He said the first step was important because they can't run a business if they are tearing down walls and pulling down the ceiling. He said he was not happy about impacting the successful business but they have to lake action on this. Mayor Hill said he agreed for much of what Council Member Dodd said except for the front which is still usable and he would rather tap the brakes on removing the tenant and let the tenant in the front where it is still safe. He said the City saved the building in the first place to preserve the fishing heritage and also provide fresh fish and good food. He said the importance of the project is critical to the CRA, it is a step too far to remove the tenant but they should be involved in figuring out what to do along with input from the public. He said the City Manager should work with tenant in an area that is not condemned and make the barrier more inviting to public. Mayor Hill also suggested establishing a committee with a distinct charter identifying things that need to be done within 180 days that can be brought to Council for a decision. Council Member Dodd said on page 243, the engineer said, "Numerous areas were found to have exposed timber framing that had termite and moisture issues such as visible mold. No demolition was performed to gain access to the interior of the exterior walls, but one could surmise that the area in the vicinity of the exterior decay would also exhibit wood decay from moisture intrusion into the wall cavity," which is the front part of Regular City Council & CRA Meeting November 10, 2021 Page 10 the building. He also cited an evaluation and recommendation from the attorney, "On the front part of the building, advanced section loss and deterioration has seriously affected primary structural components, the load bearing members at the wall system behind the decay area will need to be investigated and repaired if deteriorated." He said he was concerned that they know things; if he lived in that house, he would move his family out, not to the living room. He said he understood the impact of moving Crab E Bills out but if this was his home, he would move his family out. Council Member Nunn said he would like to see an actual contractor/architectural firm look at the building and determine the real status. He said it was not a good idea to move the occupant out; staff feels we are in a safer point than before and they are in a safe place to keep moving forward. He said it should be thoroughly investigated as soon as possible. Council Member McPartlan said he was not for moving the tenant out and he was surprised the engineer didn't sign the report. Public Inout Pete Sweeney, attorney representing Susan Andrews proprietor of Crab E Bills, described the history of the lease agreement and asked them to review page five, section 8e, "Lessor recognizes the condition of the historical facility at 1540 Indian River Drive. As such, lessor shall take reasonable precautions regarding maintenance, safety, and preservation of the structure." He said he has only heard discussion about safety but not maintenance which has been a requirement of the landlord since 2014 and shouldn't have gotten to this paint. He cited page 8 of the report, "Obviously, the structure has performed satisfactorily over the nearly 100 years of existence and has more than likely withstood numerous excessive environmental events, but it appears that much of the structure would not be acceptable under current code requirements. As the building is an existing facility and not currently undergoing any repair, alterations, or additions, the governing document would be The Florida Building Code, Existing Building (FBCEB). FBCEB indicates that the facility is not required to meet the current building code requirement except the code official can determine if the facility requires modification for the general safety and welfare of the occupants" and asked If this was catastrophic, why a month went by before the building official condemned it. Mr. Sweeney said the establishment is an entity that will suffer significant damages and noted the lease does not include a force majeure clause. The City would be terminating a lease that has two more years with a ten year period of renewal and he asked if the $1.65M to repair was reasonable. He said his client would like to continue her livelihood. He requested Council to direct staff to work with his office to mitigate the current closed building order and limit all potential damages that have been suffered by his client. Andrea Ring, Quarry Lane, said Crab E Bills has benefited from the City's efforts, but they need to move forward and put in a building that is safe. She volunteered to serve on the committee if it is formed. Regular City Council 8 CRA Meeting November 10, 2021 Page 11 Jack Sterio, Candle Avenue, said he didn't realize the building was in that bad of shape and suggested that when they redo it, a dining room and observation deck be put on the back. Cathy Cheshire said the City would be remiss in not having the historical building repaired. She asked Council to restore the building and not lose the tenant. She also asked if the repair was going to be done in parts, please keep the fish market open up front. MOTION by Mayor Hill to create a committee, designated to deal with the entirety of the building and all the issues they discussed; meeting on a strict time line, no longer than 180 days to bring a recommendation to Council on how to proceed and work with the proprietor to come up with a solution to continue working through this process. 7.33 pm Council Member Nunn asked for clarification of the committee's purpose. Mayor Hill withdrew his motion. Mayor Hill described how in the beginningof planning the Working Waterfront, there was a committee formed to bring forth options on what would work for that location. He said structural reports would be needed, input from the public and Crab E Bills would need to be obtained and disseminated (to the public) through the new committee. Council Member Dodd suggested that they charge the City Manager to come back to their January meeting with a proposal on how to implement the changes laid out in the structural report with a proposal for community involvement. Vice Mayor Hill said he could support that. Council Member Nunn said he was all for a committee but a committee can't be based on feelings. He said what they need is a better understanding of what the issues are and what the building needs from a contractor/architect who has experience in this type of building. Mayor Hill said he agreed, what they need is how to get there. Council Member Dodd said between the October 7 report and the Building Official's November 3 unsafe notice, he asked the City Manager if he had conversations with the lessee on that building. The City Manager responded that he did and at that time he asked her to get back to him within days but she didn't respond until three weeks later stating she wanted to put everything in writing at which time he informed her that he needed to act because the City's insurance company had put the City on notice. Council Member Dodd said given this sequence of events, he asked the City Attorney if he had any advice in reference to communication. The City Attorney said he advised Council on November 3 to refrain from any or all conversations with owners and anything that has to do with the property, and focus on going forward, not go back in time. He said his advice remained the same. MOTION by Council Member Dodd and SECOND by Council Member Nunn to direct the City Manager to produce a plan for implementation of the engineering report on the Regular City Council & CRA Meeting November 10, 2021 Page 12 Hurricane Harbor building to include working with the tenant on trying to keep them in the building and provide the plan by the first meeting in January. Council Member McPartlan clarified until that happens, the fish market would stay open, with tables outside where people can eat, the City Manager works with the tenant, and the back part stays closed off. He said if anything happens between that event, Council can have a special meeting. Council Member Nunn asked for some plexiglass to be put into the plywood in order to see the river. Roll call: Council Member Nunn - aye Council Member Dodd - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member McPartlan - aye Motion carried. 5-0 Council Member Dodd said he didn't bring this up under his matters because he is trying to get rid of Crab E Bills but he fell a fiduciary responsibility to bring forward the report to protect the other 27,000 citizens in the City of Sebastian. 15. CITY ATTORNEY MATTERS The City Attorney congratulated the newly elected members and wished the five veteran members a Happy Veterans Day. 16. CITY MANAGER MATTERS The City Manager also congratulated the members for coming back. He said the City was rated number 7 in retirement and number 1 in quality of life in a recent Florida survey. He also said that he and the Community Development Director gave an interview with Business Weekly on all of the things that are happening in the City and on November 16 he will be making a presentation to the Economic Development Council on all of the projects happening in Sebastian. 17. CITY CLERK MATTERS The City Clerk thanked Supervisor Swan and her staff for the smooth, successful election. 18. CITY COUNCIL MATTERS A. Council Member McPartlan Thanked the citizens for putting him back on Council and noted there will be tough decisions coming up that will need face-to-face public input. Regular City Council & CRA Meeting November 10, 2021 Page 13 B. Council Member Nunn Thanked the citizens for believing in him and trusting him; he promised to keep working hard. C. Council Member Dodd 21.088 i. Discuss Crab E. Bill's Structural Inspection Report — moved up earlier on the agenda. Mayor Dodd said he had a unique opportunity to serve as the mayor during The Troubles and he received a gigantic amount of support from a lot of people to including the residents and staff that exercised their democratic freedoms in ways that have made Sebastian noticeable to a lot of people around the state when they did the recall. He thanked the City Manager, City Attorney and everyone that supported him during that time. He also congratulated Council for getting things done; noting they had a difficult conversation tonight in a pleasurable way. D. Mayor Hill Congratulated the three newly elected members and he wished the United States Marines Corps a Happy Birthday. . E. Vice Mavor Jones Thanked the citizens for the opportunity to continue working for them; and noted he will always stand by his word. 19. Being no further business, Mayor Hill adjourned the regular City Council meeting at 7:50 p.m. Approved t the December 15, 2021 Regular City Council meeting. t � ill nee illiams, City Clerk **Official** CERTIFICATE OF CANVASSING BOARD OFFICIAL RETURNS CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA We, the undersigned, Jeanette Williams, City Clerk, Cathy Testa, City Records Clerk and, Manny Anon, Jr., City Attorney, constituting the Board of City Canvassers in and for said City of Sebastian, do hereby certify that we met on the 4`' day of November, 2021 A.D., and proceeded publicly to canvass the votes given for the offices and persons herein specified at the City of Sebastian Municipal Election held on the 2"' day of November, 2021 A.D., as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: For City Council Member Term (Two Year Term), the whole number of ballots cast was 4,751, of which number (VOTE FOR UP TO 3) Damien Gilliams RECEIVED 239 VOTES Fred Jones RECEIVED 3,483 VOTES Sherrie Matthews RECEIVED 1,806 VOTES Bob McPartlan RECEIVED 2,822 VOTES Christopher Robert Nunn RECEIVED 3,399 VOTES Clint Phipps RECEIVED 666 VOTES We certify that pursuant to Section 102.1 12, Florida Statues, the canvassing board has compared the number of persons who voted with the number of ballots counted and that the certification includes all valid votes cast in the election. nette Williams, City Clerk Canvassing Board hair Cathy y Test Records Clerk Canvassin ❑ard x er Ma0y An/9 , Jr.,'City rfiey Canvassing Board MeZ November 4, 2021 **Official** CERTIFICATE OF CANVASSING BOARD OFFICIAL RETURNS CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA We, the undersigned, Jeanette Williams, City CIerk, Cathy Testa, City Records Clerk and, Manny Anon, Jr., City Attorney, constituting the Board of City Canvassers in and for said City of Sebastian, do hereby certify that we met on the 4"' day of November, 2021 A.D., and proceeded publicly to canvass the votes given for the charter amendments herein specified at the City of Sebastian Municipal Election held on the 2" ' day of November, 2021 A.D., as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: For, Charter Amendment Question 41 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? the whole number of votes cast was 4,751 of which number YES - for Approval RECEIVED 3,261 VOTES NO - for Dejection RECEIVED 1,201 VOTES For, Charter Amendment 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 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? the whole number of votes cast was 17 of which number YES - f'or Approval RECEIVED 4,547 VOTES NO - for Rejection RECEIVED 1 14 VOTES For, Charter Amendment Question #3 Add Mayor Has The Power To Declare Emergency And Remove Term Of Vice Mayor Language 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? the whole number ❑f votes cast was 4,751 of which number YES - for Approval RECEIVED 3,004 VOTES NO - for Rejection RECEIVED 1,531 VOTES For, Charter Amendment Question #4 Provide For Suspension, A Special Hearing And A Provision To Restore A Council Member Shall Section 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 ❑r found not guilty? the whole number of votes cast was 4.751 of which number YES - for Approval RECEIVED 3,858 VOTES NO - for Rejection RECEIVE❑ 665 VOTES For, Charter Amendment 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? the whole number of votes cast was 4,751 ofwhich number YES - for Approval RECEIVED 3,904 VOTES NO - for Rejection RECEIVED 590 VOTES For, Charter Amendment 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 Ieast 8 I days but n❑ more than 96 days prior to the day of the election? the whole number of votes cast was 4,751 of which number YES - for Approval RECEIVED 3,690 VOTES N❑ - for Rejection RECEIVED 751 VOTES For, Charter Amendment 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 special runoff election? the whole number of votes cast was 4,751 of which number YES - for Approval RECEIVED 3,299 VOTES NO - for Rejection RECEIVED 1,167 VOTES For, Charter Amendment Question #8 What To Do When There Is Not A Majority Of City Council Available To Serve? 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? the whole number of votes cast was 4,751 of which number YES - for Approval NO - for Rejection RECEIVED RECEIVED 1734 VOTES rifIMT1011110f.1 We certify that pursuant to Section 102.1 12, Florida Statues, the canvassing board has compared the number of persons who voted with the number of ballots counted and that the certificatioii includes all valid votes cast in the election. 4Jeette Williams, City Clerk Ca gssingfBoard hair r' Cathy Test y Records Clerk Canvassing B War M r r _ -/ / V lviarit&-ytnDw i r., Lit Canvassing Board M November 4, 2021 CR OF SPIA HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MEMBER OATH OF OFFICE I, Frederick B. Jones, do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States, and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State; and that I will well and faithfully perform the duties of the office of Council Member for the City 'of Sebastian of which I am now about to enter, so help me God. Frederick B. Jones Sebastian City Council Member Sworn and subscribed before me by physical presence this loth day of November, 2021. Mr. Jones is personally known to me. sl ��� i ECN' Jeanette Williams, MMC �;"`°" .� I RY2��6p City Clerk ►•� // aaaa••aM � �O HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MEMBER OATH OF OFFICE I, Bob McPartlan, do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States, and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State; and that I will well and faithfully perform the duties of the office of Council Member for the City of Sebastian of which I am now about to enter, so help me God. Bob McPartlan Sebastian City Council Member Sworn and subscribed before me by physical presence this 1 oth day of November, 2021. Mr. McPartlan is personally known to me. `.�anette Williams, MMC �. •�,. �iI si City Clerk "'A CR OF BAST HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MEMBER OATH OF OFFICE I, Christopher Robert Nunn, do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States, and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State; and that I will well and faithfully perform the duties of the office of Council Member for the City of Sebastian of which I am now about to enter, so help me God. Christopher Robert Nunn Sebastian City Council Member Sworn and subscribed before me by physical presence this loth day of November, 2021. Mr. Nunn is personally known to me. nette Williams, MMC a, V ' r City Clerk • �tir21l341 . .. via cam' a �O