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HomeMy WebLinkAbout03-23-2022 CC Agenda1;f5 Ct :.° HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MARCH 23, 2022 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF YHE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Council Member Dodd 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations ofproclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. A. Proclamation - Treasure Coast Society Children of the American Revolution for the N.S.C.A.R. National Day of Service — April 5, 2022 B. Proclamation - Florida Gopher Tortoise Day — April 10, 2022 C. Certificate of Appreciation — Deryl Seemayer — Sebastian Representative to IRC Metropolitan Planning Organization's Citizens Advisory Committee BriefAnnouncements: April 1— Chamber of Commerce Concert in the Park --- Sebastian River High School Band 5: 30 to 8: 00 pm April 2 - Sebastian River Area Art Club Show — Riverview Park — 10 am to 3 pm April 9 — Craft Club of Sebastian Show — Riverview Park — 10 am to 3 pm 4"' Year Recipient of "Tree City USA Growth" Award 1 of 72 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 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 spec{fzc 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. 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 7-16 A. Approval of Minutes — March 9, 2022 Regular City Council Meeting pgs 17-25 B. Approve Road Closure and the Use of the Community Center for HALO's 5K Event on April 23, 2022 (Transmittal, Application, Receipt, Insurance) pgs 26-28 C. Approve Alcoholic Beverages at the Community Center for the Roth Family Event on .tune 4, 2022 from 11:00 am to 6:00 pm - DOB Verified (Transmittal, Application, Receipt) 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: Mayor opens hearing Attorney reads ordinance title Staff presentation Public input Staff summation Mayor closes hearing Council deliberation and action pgs 29-34 A. Continue Second Reading of Ordinance 0-22-03 - Proposed Land Development Code Amendment - Article XXII and Article XVI Amending Sections Relating to Murals and Set the Public Hearing for April 13, 2022 (Transmittal, 0-22-03) 2 of 72 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2 PROVIDING A DEFINITIONS OF TERMS REGARDING MURALS; AMENDING SECTION 54-3-16.3 PROVIDING FOR EXEMPTIONS PERTAINING TO MURALS; PROVIDING FOR SEVERABII,ITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 35-38 B. Second Reading and Public Hearing of Ordinance No. 0-22-05 — Amending Code Section 38-2 Forms of Petition; Filing Fee, Amending the Qualifying Period (Transmittal, 0-22-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 38 ELECTIONS; PROVIDING SEC. 38-2 FORMS OF PETITION; FILING FEE, AMENDING THE QUALIFYING PERIOD; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. 11. UNFINISHED BUSINESS pgs 39-62 A. Resolution No. R-22-10 — Approval of the Community Development Block Grant (CDBG) Annual Action Plan for 2020/2021 (Transmittal, R-22-10, Plan, R-19-17, R-20-25, R-20-16, R-21-11) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RESCINDING RESOLUTIONS R-20-16 AND R-21-11 RESPECTIVELY AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2019/2020 AND 2020/2021 ANNUAL ACTION PLANS, RATIFYING R-19-17 AND R-20-25 RESPECTIVELY APPROVING THE 2019/2020 AND 2020/2021 ANNUAL ACTION PLANS, RECOGNIZING THE CITY'S ATTEMPTS TO RECONCILE APPROPRIATIONS OF FUNDS; RECOGNIZING THE CITY'S DECISION TO FORGO ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AUTHORIZED BY THE CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT (CARES ACT), AND PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. 12. NEW BUSINESS pgs 63-72 A. First Reading Ordinance No. 0-22-02 - Proposed Land Development Code Amendment - Article IX Relating to Concurrency, and Article XVIII and Article XIX Amending Sections Relating to Recreation and Set the Public Hearing for April 13, 2022 (Transmittal, 0-22-02) 3 of 72 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.4, CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS BY PROVIDING FOR A NEW SECTION RELATING TO SCHOOL CONCURRENCY; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.7, CRITERIA FOR ADOPTED LEVEL OF SERVICE STANDARD (LOS) RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.8, CRITERIA FOR METHODOLOGY FOR DETERMINING DEMANDS ON CONCURRENCY FACILITIES PERTAINING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3- 9.9, CRITERIA FOR DETERMINATION OF AVAILABLE CAPACITY RELATING TO PARKS AND RECREATION FACILITIES; AMENDING LAND DEVELOPMENT CODE SECTION 54-4-18.4, CRITERIA FOR INFORMATION TO BE INCLUDED IN SITE PLAN RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-4-19.11, CRITERIA FOR REQUIRED IMPROVEMENTS AND DESIGN CRITERIA RELATING TO RECREATION; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS lb. CITY COUNCIL MATTERS A. Council Member Dodd B. Mayor Hill C. Vice Mayor Jones D. Council Member McPartlan i. Code Enforcement Process and Enforcement ii. Consider Donations to Non -Profit Organizations for Sebastian Residents E. Council Member Nunn 17. ADJOURN (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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL 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. 4 of 72 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Regular Citv Council Meetings Public input is ALLOWED under the heading: v Consent Agenda v Public Hearings v Unfinished Business v New Business v Public Input Public Input is NOT ALLOWED under the headings: +� Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); v Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); v City Council Matters v Charter Officer Matters v Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, 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. Aimealine Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5 of 72 ZOOM INFORMATION Please click the link below to join the webinar: i..ttps://usO2web.zoot)i.us/i/85416970702 Or One tap mobile: US: +19294362866„85416970702# or +13017158592„85416970702# 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 +l 346 248 7799 Webinar ID: 854 1697 0702 International numbers available: https://us02web.zoom.us/u/ktx8EMRdw 6 of 72 ,]Pl ,1 SIEBAST" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, MARCH 9, 2022 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 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 Mayor Jim Hill Vice Mayor Fred Jones Council Member Ed Dodd Council Member Bob McPartlan Council Member Chris Nunn City Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Administrative Services Director/CFO Ken Killgore Asst. Administrative Services Director Cindy Watson Community Development Director/CRA Manager Lisa Frazier Community Development Manager Dora Bosworth Community Development Planner Michelle Faulkner Public Works Director/Engineer Karen Miller Leisure Services Director Brian Benton Public Facilities Director/Airport Director Scott Baker Airport Manager Jeff Sabo Police Lieutenant Constantine Savvidis 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 22.046 A. Proclamation and Presentation — Meals on Wheels — March 2022 - Karen Meal, the President and CEO of Senior Resource Association Mayor Hill read and presented the proclamation to Ms. Diegl. 7 of 72 Regular City Council Meeting March 9, 2022 Page 2 22.047 B. Proclamation - Trish Heritage Month - March 2022- Jim Sullivan, Committee Member of the Ancient Order of Hibemians and Louise Sullivan, Florida State President of the Ladies Ancient Order of Hibernians Mayor Hill read and presented the proclamation to Mr. and Mrs. Sullivan 22.048 C. Proclamation - Flood Awareness Week - March 7-13, 2022 - Community Development Department Planner Michelle Faulkner, Certified Floodplain Manaeer Mayor Hill read and presented the proclamation to Ms. Faulkner. 22.049 D. Presentation of Fiscal Year 2021 Comprehensive Annual Financial Report and Annual City Audit by Ross Cotherman of Rehmann Robson (Transmittal, CAFR available at: https://www.citvofsebastian.ore/Arcliive.asT)x?ADID=129 Ross Cothennan of Rebmann, Robson reported the City has completed a thorough comprehensive financial report which indicates the City's commitment to the citizens. He briefly went over the financial statements. He thanked the CFO and his team. BriefAnnouncements: 20 Year Recipient of "Tree City USA" Award March 12-13 — Craft Club of Sebastian in Riverview Park 10 am — 3 pm March 18-20 --- Shrimpfest & Craft Brew Hullabaloo in Riverview Park Vice Mayor Jones announced the upcoming events. 7. PUBLIC INPUT Andrea Ring, Quarry Lane, said she would like to see more duplexes built in the City. Bill Simmons requested the status of Crab E Bills structural inspection. S. CONSENT AGENDA A. Approval of Minutes - February 23, 2022 Regular City Council 22.049 B. Approve Municipal Election Agreement between the Indian River County Supervisor of Elections and the City of Sebastian for the November 8, 202.2 Election (Transmittal, Agreement) MOTION by Council Member Nunn and SECOND by Council Member McPartlan to approve consent agenda items A and B passed with a unanimous voice vote. (5-0) 9. COMMITTEE REPORTS & APPOINTMENTS 8 of 72 Regular City Council Meeting March 9, 2022 Page 3 22.034 A. Planning & Zoning Commission (Transmittal Applications, Advertisement, List) Interview, Unless Waived, Submit Nominations for One Unexpired, ReL-ular Member Position — Term will Expire May 1, 2022 (At Council's Discretion Mav 1, 2025) Council Member Nunn nominated Sara Battles; Council Member McPartlan nominated John Christino. Both applicants were nominated for the extended term until May 1, 2025. Roll call on the nominations: Vice Mayor Jones - Battles Council Member Dodd - Battles Council Member McPartlan - Christino Council Member Nunn - Battles Mayor Hill - Battles Sara Battles was appointed to the vacant position with a term to expire May 1, 2025. ii. Interview, Unless Waived, Submit Nominations for One Unexpired, Regular Member Position — Term will Expire Mav 1, 2023 Vice Mayor Jones nominated Stephen Lucier; Council Member McPartlan nominated John Christino. Roll call on the nominations: Council Member Dodd - Christina Council Member McPartlan - Christino Council Member Nunn - Lucier Mayor Hill - Lucier Vice Mayor Jones - Lucier Stephen Lucier was appointed to the vacant position with a term to expire May 1, 2023. 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS 22.050 A. City Council Consideration of a Recommended St cndina Plan for the Fundinp, Received from the American Rescue Plan Act (Transmittal, Overview) The City Manager stated two workshops were held to hear recommendations from the public and Council. He briefly went over the proposed categories on page 49 of the agenda backup and said staff was willing to take direction from Council. Council Member McPartlan said he would like to wait to spend the money noting there is a lot of uncertainty right now; the stormwater plan will come back in August/September and may call for a different specifications, for example a pipe size. 9 of 72 Regular City Council Meeting March 9, 2022 Page 4 The City Manager advised the Gardenia ditch has been engineered and designed. He didn't think the Concha dam and Schumann Drive pipe would be changed by the stormwater master plan but they could be changed during the engineering/design process. He said the projects have to be designed and engineered by 2023 to get them bid out and obligated by 2024. He noted they don't have to be completed until 2026 but they have to have a purchase order or contract written by December 2024. Council Member Nunn stated by approving the spending plan it wasn't obligating the money for the specific projects, only the employee incentive plan. They have time to get the projects together and move money if necessary. He recommended approval of the plan to move forward with the issues. Council Member Dodd said he was concerned that the federal government may come back after the fact if they find out we used the money for a different project. He explained that if they pay out retention incentives and the federal government determines that the employees weren't eligible he was concerned that they will have to pay back the federal government out of general revenue. Mayor Hill said the Concha project will be done because it is a need. Council Member Dodd said we have allocated $400,000 in budget for the dam and only $200,000 is needed from the American Rescue Plan but $700,000 has been earmarked. He asked how is that higher amount managed through the budgeting process. Council Member Nunn asked if earmarking the American Rescue monies was considered the same as allocating it. The City Manager explained the federal government considers obligating the money by signing a contract or purchase order. This was a proposed budget plan but it was not obligated. With regard to the Concha dam, the City would move that unused money into the stormwater reserves for another stormwater project. Council Member Dodd said he didn't have a problem with any of the projects but wanted to make sure they weren't going to have to come back with $3M from the general revenue to cover the fact that the federal government might say the City didn't play the game right. The City Manager said the retention incentive provision could be found on page 28 of the overview noting the federal government always changes the rules and nothing is to say some of the projects may end up being funded by FEMA and they may need to find other projects to spend it on. Council Member McPartlan said he has always been supportive of the employees and police but a retention incentive is for someone who is looking to move yet everyone will be receiving it. 10 of 72 Regular City Council Meeting March 9, 2022 Page 5 Terry McGinn, Miller Drive, said for every stormwater project the City can backfill with this money will be fewer funds the City will have to come up with and maybe they won't be able to because of the rising costs of food, energy, and gas. Sharon Hermann, Sebastian, said it was awesome to treat the employees for working during a difficult time. She said every day the City waits to get a bid or commitment on a project the prices will go up and we may find that we don't have enough money to do the projects. Margie Hausmanis, George Street, said in regard to the retention bonuses, she works in a local hospital where there are employees enticed to go elsewhere for a lot more money so the hospital is stuck with people not committed or emotionally vested in the City. She said she supported keeping the quality employees here. MOTION by Mayor Hill and SECOND by Vice Mayor Jones to go forward with the recommended spending plan. Roll call: Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - nay Motion carried. 4-1 12. NEW BUSINESS 22.023 A. Ordinance No. 0-22-03 - Article XXII and Article (Transmittal, 0-22-03) Proposed Land Development Code Amendment - XVI Amending Sections Relating to Murals AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2 PROVIDING A DEFINITIONS OF TERMS REGARDING MURALS; AMENDING SECTION 54-3-16.3 PROVIDING FOR EXEMPTIONS PERTAINING TO MURALS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-03. The City Manager explained this ordinance would provide a mural definition, acceptable themes, and modify some of the colors in the CRA District's color wheel. Council Member Dodd said he wasn't sure what kind of meaning the word "category" brings to item #15. The City Manager explained the categories would be natural, social, cultural, or historic significance. 11 of 72 Regular City Council Meeting March 9, 2022 Page 6 Council Member Dodd asked that the Sebastian River Area Public Mural Program and Sebastian River Area Public Mural Program Committee be defined in the ordinance. 'lie City Manager offered to add the categories under section #15. MOTION by Council Member Dodd and SECOND by Council Member Nunn to pass Ordinance No. 0-22-03 on first reading. Roll call: Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 22.045 B. Discussion and Direction on Drafting Pet Waste Ordinance (Transmittal, IRC Code Sec. 302.05, 302.11) The City Manager said at the last meeting it was discussed that the City's Code Enforcement Officer was enforcing the County's ordinance and he asked Council if they wanted to add a more restrictive ordinance. Council Member Nunn said from the discussion last time, it didn't seem like they needed to go any further and it was good to know the City can enact a more restrictive ordinance if needed. It was the consensus of Council that everything should remain status quo. Mayor Hill called for a break at 7:14 p.m. and reconvened the meeting at 7:21 p.m. All members were present. 22.051 C. Consider Code Enforcement Lien Reduction for 373 Harp Terrace (Transmittal, Real Estate Contract, Citv's Lien, Wells Faruo Payout) The City Attorney gave a brief history of the City's involvement with the code enforcement lien and on February 18, 2022, he filed to preserve the City's claim to the lien and which is now an asset. He said what they have before them today is to determine if there is an extenuating circumstance or a hardship regarding the lien. He said the City doesn't have any policies to address the reduction of liens, they would be hearing unsworn testimony from the property owners and be able to give it as much weight as they want but his recommendation was to stay the course. Attorney Jeff Battista, representing Ms. Holpfer, said there is a hardship with this case. Attorney Sheryl Moore, representing Mr. Holpfer, said the house was about to sell and the Holpfers were concerned that the lien would diminish the equity of the house once the mortgage is paid off. She asked Council to lower or remove the lien amount. 12 of 72 Regular City Council Meeting March 9, 2022 Page 7 Mayor Hill said on September 16, 2019 there were two notices of violation dropped off asking to move the trailer within five days or will face a fine of $250 a day resulting in a lien against the property or require the appearance in County Court. The property owners received a second code violation on September 24, 2019. He continued to say 56 days went by and the case went before the magistrate where the property owners were ordered to bring the property into compliance within 10 days or else the fine would start. This order included appellate instructions. The owners left the trailer in front of the house until they decided to move out. Mayor Hill said he would not even consider anything less than a 50% reduction to show the City's laws do matter. Vice Mayor Jones said Code Enforcement's ultimate goal is to achieve compliance but sometimes there are extenuating circumstances. He said based on what he read, he was not opposed to a reduced fine amount. Council Member Nunn said he has spent time looking at the whole case and he was against reducing fines in most circumstances, but there are times and situations that involve extenuating circumstances that can't be avoided. MOTION by Council Member Nunn to reduce the lien to $1,500.00. The motion died for lack of a second. Council Member Dodd said he too believes that if someone breaks a law they should pay for it. Because of the circumstances surrounding this case, he said a $25.00 per day fine would be more appropriate. The lien amount would be $16,500.00 which would protect the integrity of the code enforcement system and provide relief for this case. MOTION by Council Member Dodd and SECOND by Council Member Nunn to reduce the lien to $16,500.00, Mayor Hill said he would not support this motion. Council Member McPartlan said these fines would still be incurring today if the house wasn't being foreclosed on which would be an additional $12,000 or at the rate of $25.00 a day, it would be an additional $3,000.00. He said he was in agreement with Mayor Hill. Council Member McPartlan said if they forgive the $52,000.00 today, there will be a long list of people that want to park their boats in the driveway or put up a ten foot fence in the; future. The City Attorney advised since the house had gone to foreclosure, when it was sold, the bank would get their money and the City would be second in line. Vice Mayor Jones said he could not support anything less than a 50% reduction. 7:53 pm 13 of 72 Regular City Council Meeting March 9, 2022 Page 8 Ms. Moore said if the parties did know about the notice they would have removed the trailer. The City Attorney described the notice steps that the City had taken. Council Member Nunn said without getting into anything, there are circumstances beyond control which is the reason he made his motion and agreed to Council Member Dodd's motion. He asked Council to consider the situation is not as everything may look. Council Member Dodd said he agreed with Council Member Nunn. Roll call to reduce the lien to $16,500.00: Mayor Hill - nay Vice Mayor Jones - nay Council Member Dodd - aye Council Member McPartlan - nay Council Member Nunn - aye Motion failed. 3-2 MOTION by Vice Mayor Jones and SECOND by Mayor Hill to reduce the lien by 50%. Roll call: Vice Mayor Jones - aye Council Member Dodd - nay Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Motion carried. 4-1 The City Attorney advised he would prepare the partial release and file it accordingly. 22.052 D. City of Sebastian 100t' Year Anniversary Celebration (Transmittal, 1924 Minutes) The City Manager said it was important to get a committee together of long standing people to participate in preparing for the 100a' Year Celebration. He requested some names of people from the Council Members. Mayor Hill suggested working with the Chamber of Commerce. Vice Mayor Jones suggested Cathy McDonald from the historical society. Council Member Dodd suggested that they establish a seven person committee who will call upon groups such as the historical society to make it work. He said they should put out the word and make up an application requesting qualifications. 14 of 72 Regular City Council Meeting March 9, 2022 Page 9 Council Member Nunn recommended a date be set for the initial committee to elect a chair, and maybe make a parade committee. Council McPartlan suggested letting the annual festivals, such as the ShrimpFest, know that the 100"' year anniversary is coming up so they can help us make the year -long celebration successful. It was the consensus of Council to have the City Manager reach out to interested individuals to hold an initial planning meeting. 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS 22.053 A. 2022 City of Sebastian Community EnRaaement Survey The City Manager advised that a survey would be mailed out to 1,500 residents to see what they would like to see changed or focused on in the City. He asked that the recipients fill out the survey and return it to help with the City's strategic plan and budget process. In regard to the Crab E Bill's structural inspection, he said eight or nine openings were made from the walls to the outside. There were some significant things found and some things that were not as bad as originally thought. He said he expected the report to be completed soon. He said the Stormwater Master Plan consultant has been gathering data throughout the City to include 4,000 points of interest such as culvert crossings, culvert pipe sizes, road elevations and now they will start on the modeling process to show where the water should be going and where it is impeded. Once the modeling is completed, that will indicate what capital projects will be needed. The last phase will be the search for additional funding opportunities. The City Manager said the builder was on track with the new Public Works Facility and it should be completed by the end of May. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Nunn - None B. Council Member Dodd - None C. Mayor Hill - None D. Vice Mayor Jones - None 15 of 72 Regular City Council Meeting March 9, 2022 Page 10 E. Council Member MCPartlan With regard to the Community Engagement Survey, Council Member McPartlan said he liked the question "Where do you receive information from?" which will help target how we get the word out. He requested that they go over the Code Enforcement Process and how it is enforced at a future meeting. He also asked for feedback on donating money to non -profits with restrictions such as the Treasure Coast Homeless Council to help with rental assistance or utility payments as their funding sources run out quickly. Council Member McPartlan invited the public to attend the upcoming events the Veterans Council of Indian River County has planned: Neil Diamond Tribute Concert — March 12 — Vero Beach Elks Lodge to support the American Gold Star Mothers of Indian River County 291h Annual Red, White, and Blue Concert — April 3 & 4 - Vero Beach High School Performing Arts Department Denim and Diamonds Country Themed Dinner — April 9 - Indian River County Fairgrounds 17. Being no further business, Mayor Hill adjourned the Regular City Council meeting at 8:20 p.m. Approved at the March 23, 2022 Regular City Council Meeting. Mayor Jim Hill ATTEST: Jeanette Williams, City Clerk 16 of 72 ❑fYOF SET" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: March 23, 2022 Aqenda Item Title: HALO No -Kill Rescue — 5K Event Recommendation: Approve April 23, 2022 date for HALO's 5K event hosted at the Community Center. Requested event time is from 6:00am to 11:00am. Backqround: HALO No -Kill Rescue is seeking Council approval to host their annual 5K run on April 23, 2022 from 6:00am until approximately 11:00am. This event begins and ends at the Sebastian Community Center. Although most of the 5K route falls under the county's jurisdiction, the Sheriff's Office has recommended closing a small part of Indian River Drive from 9:00am until 11:00am that falls under the City's jurisdiction for safety issues. We will close Indian River Drive from Davis Street to the Archie Smith Fish House. The road will remain open to people who live on Indian River Drive. The remaining portion of Indian River Drive to be closed falls under the County's jurisdiction. This event's road closures are currently pending approval by the IRC Public Works/Traffic Engineering Division though approved for the same route annually.They are expecting approximately 200 attendees. If Aqenda Item Requires Expenditure of Funds: NIA Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt 3. Certificate of Liability Insurance Administrative Services Department Review: N/A City Attorney Review: NIA Procurement Division Review, if applicable: NIA City Manager Author ization Date: Date: . > 4 j 17 of 72 .m 1 SE 4t- _:� HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX. (772) 388-8248 'For emergency purposes ONLY, preose dial772.473.0454 Corn ~ �#- CITY OF SEBASTIAN FACILITY zf3/2J9a� 2019 RENTAL PERMIT APPLICATION (a'3) D44M" ..1 It iD64-44 Office Use Only: S250 secur ly Pd: _ Dale Initials Rental Fee 6.7% Tax Total Rental Pd: Date In6lis City Manager Approval _ Date Initials City Council Approval: Date (if applicable) Police Hire Verification: (If applicable) Initials DateA0-\kDZ-)" Z Community Center ❑ Yacht Club Na�oferml:?rpe�Hsmayonly be issued to an adult) Name of Organization (if applicable) `-I ko Physical Address Mailing Address (if different) city State Phone -Mail �cr, �� \ �-cat-a•' Reason for Rental - Type of Function 400 Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) )Pot-1 � 2?.� 1 Qo-, aA UO3 ( Yl k ReyuIsted Date Time: From To Please answer the following yes or no- 1 ) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? ue-5% 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age Date of Birth Verified by 1, Q1`t1 , the undersigned, acknowledge that I am the applicant or authorized agent of the above? referenced organization, that i am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or !WLof_ (Lie security deposit. Signatukelof Applicant 18 of 72 City of Sebastian P: , 1401zre of A-Vican Island City of Sebastian Mullicipn] Police Department Molicsttion for Police Exctrti-Duh, Officer Sct-vices This applicatiao is required to eognge es(ra-dwy services of Clio requested number of Officers for public safety, hcrtlth and welfare services, that are in ndditfon to those provided genrally to thu 1)nblic. 1t is understood that this is a nun-hindinti agreement. A minimum of live (5) days advance notice is requested friar to the service date and udvanml payment is required. Caaculk-16m of the detail. Nrith less thnn 24 hours notice prior to commencement of the dotnil, will result in thrca (3) Hours minimum billing per Officer. Paynsent should be made payable to the City of Sebastlan, 1225 Main Street, Sebastian, Florida 3�958. `"* (3) Your Minimum Per Each Orficer Required"' Rnta par Haur For Each Ofllcer ..............S40.Uo Pate Per Hour Far 'Lach Supurvisi)r..........S -9-DU Rate For A -Me Fur Ench YBhlcle......... 5U.45157,61) Tylialmum (Appllcsto on -site utilization nt'vchielc) Applicant: V�AI. O L�YJ -LA k 1 t 7�. Fl tiling Address: `1 \� civCity; , �rv—l state: );:�, Zip Code:����� Requested ByQ\X�bsN Telephone Numbers; c�- Cumber al'Of iecrs required. el) In Uniform: N/ 1111011 clothes: Starting Date: �� ��Starting Time: Services Requested:_ � Scrvlev Estimated ,Attendance: y� Alcoholic Bevenwres Served: Yes Otltt r Communts or Dulles: Date Received Reviewed By Cnptaln Officer's Signnturc orfiecr's Comtrtenls Cnrrrrd IJhGrtr<r-Gray QLlrocerServfcdr(Farm 4U) Fading Date: q 1 ��PQ Ending Time: l.� �;Oc�rc�n 0D. ,r-tt r No V - Type _ r Applicant's Signature Dace Worked Timc Worked 19 of 72 0 El F gtool�� amn�na ' E ._ -14 �n i R. DINS FOW } I 016241089G-7 I 1i1 01 SDI(C)(3) ORGMIZAT[ON OMMAte Number DxpisBtion f�at� This cerdflft 1W emnplhx' ego" 1 KELMGas ANNALS LIVE AND 0' IERCOME INC 710 JACKSON ST SEBASTWN FL 32US-W24 N }. Is wwmPt f= Me (payment of � N w s W i—� -- -1d use tax on f 881 �3•..r •J �. t3fBCi �IiiI [1_ 7fi! PgriiRsr6� tgnn Y or retrei� or serjt= p.mci' Wed. F CITY OF SEBASTIAN LEISURE SERVICES RECEIPT Name H o A • L 4, 0. T-M-U Cash Date 2. Zzjpt ono a+rt. 1 % o o a.wL 001001 208001 Sales Tax 001001 220000 Secuflty Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 2367 Zcneck 4-10 ❑ Credit 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services L) ep 061 t Ov% y LP lqp Initials Amount Paid ?sb. d o Total Paid White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 22 of 72 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2388 Name w J` + L • d)• x wo" C • a cash Date 3 12— / 2-0 2- Z.w-- Check # 4'$'D 7 c M mbn I Ce-n bar ❑ Credit 5p< C, VN4 gg� mar- 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services 57d 4 hr ru:b6: + 2..ov.od k A cWt any' ; .4 .30420 40 o,m� f]Q n RVfi-t-U(6G -- .S 0 ,010 vf-aLt D 1"- 4 ! L g, 01) Amount Paid L-,P lq l' Total Paid &-Y, 00 Initials White - Dept. of Origin - Yellow - Admin. Svcs. - Pink - Applicant 23 of 72 A� CERTIFICATE OF LIABILITY INSURANCE I DAoti2s�zo2"z ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEER. 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 HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poticy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the tennis and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemenlfs). PRODUCER - I CONTACT ANTHONY VERCIGLIO Buyers Advantage Insurance 705 Sebastian Blvd Suite F Sebastian INSURED NAME PHO LE f (772) 589-7476 (FAX. No): T725897336 ADDRESS: buyersad@bellsouth.net INSURER(SI AFFORDING COVERAGE NAIC 0 INSURER A: ALTEGRITY SPECIALTY INSURANCE COMPANY INSURERS: INSURER C INSURER D : INSURER E: Sebastian FL 32958 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY 'ERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILNSR TR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY FXP I LIMITS �Nau IY Im POLICY NUMBER (MMIDDNY-YY1 IMMIODYY)n X COMMERCIAL GENERAL LIABILITY CLAMS -MADE ❑X OCCUR A FL 32958 HELPING ANIMALS LIVE AND OVERCOME, INC. 712 JACKSON STREET GGEEN'L AGGREGATE LIMIT APPLIES PER, POLICY 0 £CT 7 LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS -- NON -OWNED HIRED AUTOS H AUTOS UMBRELLA LIAR OCCUR EXCESS LIAA�B __ CLAIMS -MADE OED -F— I RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOMPARTNERIEXECUTIVE OFFICER/ME1` 8ER EXCLUDED? ❑ N I A (Mandatory In NN) If yyeess describe under UESCRIPTION OF OPERATIONS below EACH OCCURRENCE s 2,000,000.00 UAMA IV RLNICU PREMISES IEa ocarrence)T S _ 100.0C16 ` Men EXP (Any one person) S 5,000 01-C-PK-P20030735-0 08262021 08262022 PERSONAL. & ADV INJURY $ 2,000,000.00 II i GENERAL AGGREGATE S 2,000,000.00 PRODUCTS -COMPIOPAGG $ 2,000,000.00� COMBINED SINGLE LIMIT S (Ea accident) BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE s (Per accident) s EACH OCCURRENCE $ (AGGREGATE $ II 5 I STATUTE k I DERµ E.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE S -- _---- -_ _-. EL DISEASE - POLICY LIMIT $ DESCWPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Romarks Schedule, maybe attached If more 3paCe is roqulred) NON PROFIT ANIMAL ADOPTION, BOARDING, RELATED SERVICES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SEBASTIAN ACCORDANCE WITH THE POLICY PROVISIONS. 1225 MAIN ST. AUTHORLZED REPRESENTATIVE SEBASTIAN, FL 32958 ANTHONY VERCIGLIO O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 24 of 72 a DATE (MMIDDIYYYYI ACORU CERTIFICATE OF LIABILITY INSURANCE `� 1 021281z022 THIS CERTIFICATE IS ISSUED AS A [NATTER 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 HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, Subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsementf a). PRODUCER I r NAME: ANTHONY VERCIGUO NAME: Buyers Advantage Insurance 705 Sebastian Blvd Suite F Sebastian INSURED FL 32958 HELPING ANIMALS LIVE AND OVERCOME, INC. 712 JACKSON STREET IFAtG N . Fit,: (772) 589-7476 IA C. Nol: 7725897:136 — E-MAIL DD SS: bDYersad@beilsouth.net INSURER(S) AFFORDING COVERAGE _ NAIC p _ INsuRER A: ATEGRITY SPECIALTY INSURANCE COMPANY INSURER B : INSURER C : �. INSURER D:-----.- INSURER E: Sebastian FL 32958 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 REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 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 BEEN REDUCED BY PAID CLAIMS. 1�7p TYPE OF INSURANCE AUUL SUBR . POLICY EFF POLICY EXP wwLIMITS INSn vn POLICY NUMBER IMMMDIYYYY) WMMDIYYYYI X COYYERCIAL GFNERAL LIABILJTY CLAIMS -MADE 1XI OCCUR A GEML AGGREGATE LIMIT APPLIES PER: POLICY ❑ JET P LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREOAUTOS AUTOS UMBRELLA LIAR OCCUR EXCESS LIAB CLAIMS -MADE DIED I I RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRtETOR/PARTNERIEXECUTIVE ❑ N I A OFFICEWMEMBER EXCLUDED? (Mandatory In NHI n yes, describe under DESCRIPTION OF OPERATIONS below EACH OCCURRENCE s 2,000,000,00.^.-- UAMAGt IURtNItL) PREMISES (Ea acanronce) 100,ODCI $ -- MEDEXP(Anyoneperson) S 5,000 01-C-PK-P20030735-0 08262021 OB262022 I PERSONAL & ADV INJURY s 2,000,0']0.00 GENERALAGGREGATE $ 2,000,000.00 PRODUCTS -COMPIOPAGG S 2,000,000.00 $ COMBINED SINGLE LIMIT $ FEa occWW6 BODILY INJURY (Par person) $ BODILY INJURY (Per ardent) $ PROPERTY DAMAGE $ Wer aradtntl -.,._-- S EACHOCCURRENCE S AGGREGATE I _STATUTE I EERY E.L. EACH ACCIDENT $ E.L. OISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddlUonal Remar)Is Schedule, may be attached U more space Is required) NON PROFIT ANIMAL ADOPTION, BOARDING, RELATED SERVICES INDIAN RIVER COUNTY IS LISTED AS CERTIFICATE HOLDER 1801 27TH ST VERO BEACH, FL 32960. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VALL BE DELIVERED IN INDIAN RIVER COUNTY ACCORDANCE WITH THE POLICY PROVISIONS. 1801 27th ST- AUTHORLZED REPRESENTATIVE VERO BEACH, FL 32960 ANTHONY VERCIGLIO O 1988-2014 ACORD CORPORATION. All rights raserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 25 of 72 anof 5EBASN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: March 23, 2022 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Roth Family Gathering/Birthday Party at the Community Center. Background: Renie Roth is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, June 4th, 2022 from 11:00am to 6:00pm. Staff has verified applicant's date of birth. They are expecting less than 50 people. If Agenda Item Reouires Exaenditure of Funds: N/A Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: NIA City Attorney Review: N/A Procurement Division Review, if applicable: NIA City Manager Authorization Date: 26 of 72 01%t7* SEELASTIAN ;�T-�. ;.r HOME OF PEUCAN !SLAND 1225 Main Street Sebastian, FL. 32958 Parks Phone: (772) 228-7054 FAX: (772) 386-8249 ` For emergency purposes pN please dial 772.473.0434* Date: I Community center '_K P al:!?' "Kut h Name of Perrnittee (permits may only be issued to an adult) CDd Physical Address ti-�c as ! o , R_ City State -�� I ( --Ka�Jn1LV'� l Reason for Rental — Ty e of Function ❑ Yacht Club Blame of Organization (if applicable) Mailing Address (if different) 5� t , G-kS 7 Ll Phone E-Mai I G �d Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) :3iA .e L4 , ;L-c) - Requested Date Please answer the following yes or no- 1) Are you a resident of Sebastian? 4-) vii`LCfC an citii Gidiyc vi u�ui Ci�iyc' vIeuISvi 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age U_Q_� Time: From \i,--S —A 16) __10 I L4-as- "-p Date of Birth Om To Verified by I. i �e_?'4rt� , the undersigned, acknowledge that I an) the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. Signature of Applicant 27 of 72 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2389 Name Henle f3o4in Date --3 1.3 12-02-2. Datmon1 Cbe• cam -- Co P m 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent ❑ Cash tl�cneck # 4o5z ❑ Credit 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services Pi'Cie., VP I-5 4% nv IP15 CL,n e-1 V%r.JVVt1 b y 4 / 7 .{v V- Depv.s y-t el Re-f UY1 a t-b P P ly H G, I 10 / 2,P 7,2-� Amount Paid ?V .80 LP d � � �d Initials to Total Paid .59 White - Dept. of Origin • Yellow - Admin. Svcs. - Pink - Applicant 28 of 72 M Cf SEBAS-T- ; ;_ !--,- !, - -_ I _ V - �, HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: March 23, 2022 Agenda Item Title: Ordinance No. 0-22-03 - Proposed Land Development Code Amendment - Article XXII and Article XVI amending sections relating to murals Recommendation: Second reading and adoption for Ordinance 0-22-03. Table and set second reading and public hearing for April 13, 2022 Background: A Public Mural Program was presented to the City Council on January 26, 2022 by the Sebastian River Area Chamber as a Community Arts and Cultural initiative within the Community Redevelopment Area (CRA) known as the Sebastian River Area Public Mural Program (SRAPMP). Council directed staff to proceed with this program and revise the recommended Land Development Codes as applicable. The Planning and Zoning Commission reviewed Ordinance 0-22-03 on February 17, 2022 and unanimously approved the draft ordinance as presented. First reading was held on March 9, 2022 and approved by City Council with a request for the following clarifications: a. A definition of Sebastian River Area Public Mural Program (SRAPMP) has been added to Sec. 54-5-22.2 Definition of terms b. A modification to Sec. 54-3-16.3. Exempt signs that provides defined parameters for "category" and the Sebastian River Area Public Mural Program Committee. Advertisement deadlines were not met that would allow for the second hearing and adoption at the March 23, 2022 City Council meeting. Staff recommends that Council opens the public hearing and continues it to a date certain on April 13, 2022 following public notice. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: NIA Total Cost: No cost for this agenda item is anticipated. Funds to Be Utilized for Appropriation: NIA Attachments: 1. Ordinance 0-22-03 Administrative Servic City Attorney Review Procurement Division es Departrant eview' Revi , if aPl ' e City Manager Authorization: Date: ?/l /,1�2 29 of 72 ORDINANCE NO.O-22-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2 PROVIDING A DEFINITIONS OF TERMS REGARDING MURALS; AMENDING SECTION 54- 3-16.3 PROVIDING FOR EXEMPTIONS PERTAINING TO MURALS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council supports the Community Arts and Cultural initiative within the Community Redevelopment Area (CRA) to create the Sebastian River Area Public Mural Program (SRAPMP) by the Sebastian River Area Chamber; and WHEREAS, the City Council finds it is in the public interest to modify and update certain provisions of the code relating to Murals; and WHEREAS, the Local Planning Agency held a public hearing on February 17, 2022, and made a recommendation to City Council to approve Ordinance 0-22-03. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Amendment 1: ARTICLE XXII. LANGUAGE AND DEFINITIONS Sec. 54-5-22.2. Definition of terms. Terms not otherwise defined herein shall be interpreted first by reference to the comprehensive plan and this code; secondly, by reference to generally accepted engineering, planning, or other professional terminology if technical; and otherwise according to common usage, unless the context clearly indicates otherwise. For the purpose of enforcing and administering this code, the following words shall have the definition and meanings herein ascribed: Mobile home. A structure transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and including the plumbing, heating, air conditioning and electrical systems contained therein. Calculations to determine the number of square footage in a structure will be based upon IIUD standards, and such structures are subject to the regulations set forth therein. For the purposes of this code, a mobile home shall not be considered a single-family dwelling unit. 30 of 72 Mural. Artwork applied to the wall of a building_that covers all or substantially all of the wall and depicts a scene or event of natural, social, cultural, or historic significance. Nameplate. A sign stating only the name of the occupant and his or her occupation or specialty. Sebastian River Area Public Mural Proeram (SRAPMP). A Community Arts and Cultural initiative administered by the Sebastian River Area Chamber of Commerce within the Community Redevelopment Area (CRA) establishing guidelines. nroeram parameters, applications, mural categories. processes and the Sebastian River.Area Public Mural Program Committee. Amendment 2: ARTICLE XVI. SIGNAGE AND ADVERTISING See. 54-3-16.3. Exempt signs. Signs exempt from permitting. The following types of signs do not require a permit provided the sign shall not violate section 54-3-16.4, Prohibited signs. With the exception of public signs, the following signs shall comply with all applicable requirements in the zoning district where installed; comply with other provisions in this subsection; and be consistent with the spirit, intent and purpose of this article: (1) Address sign. Address signs not exceeding four square feet shall be permitted. (2) Instructional signs. (3) Home nameplate. Nameplate signs not exceeding two square feet shall be permitted for single-family homes and duplexes. (4) Public signs. (5) Flags. When used for symbolic, noncommercial purposes. (6) Real estate signs. Only one sign, shall be permitted, per street frontage, on each parcel of land located in any district provided that such signs do not exceed an area of six square feet in a residential district and 16 feet in a commercial, industrial or institutional district. Said signs may include "Open House," "Open For Inspection," "Open" and other similar signs. Such signs shall be removed within 30 days after the closing of the sale. (7) Off -premises open house signs. Each residence that is open for inspection for sale or lease may have the seller or the agent install off -premises open house signs to direct persons to the open house, subject to the following: a. The sign shall not exceed four square feet in sign area, shall be located at least five feet from the adjacent road, and shall not exceed a height of three feet above the crown of the road. b. The message shall be limited to "Open House," "Open For Inspection," or substantially similar phrase, and the name of the owner of the sign. C. Each sign shall be made of metal, plastic, wood, or other weather resistant material. Paper or cardboard signs are prohibited. d. Each sign shall not be installed off -premise before 9:00 a.m. and shall be removed each day not later than 8:00 p.m. Any such sign in violation of these restrictions may be summarily removed by the city without notice. (8) Election season signs. Subject to the provisions of subsection 54-3-16.5(e)(3). 31 of 72 (9) Construction signs. Construction signs shall be permitted only while construction is actually in progress and shall be removed within 15 days following the issuance of a certificate of occupancy, completion or abandonment of work, whichever occurs first. No such sign, however, shall be erected prior to the issuance of a building permit. Such signs shall not exceed an area of 16 square feet. Each sign shall be at least 20 feet from contiguous property lines of adjacent land owners and at least five feet from any right-of-way. (10) Window signs. For each facade, such signs, collectively, may not cover more than 50% of the total surface area of the transparent portion of all window(s) and door(s). Signs attached permanently to the interior of a building window or glass door shall be required to obtain a permit and the area of said sign shall be counted against the allowable signage pennitted. (11) Holiday signs. Displays, including lighting, erected in connection with the observance of holidays. Such signs shall not be installed more than 60 days before the holiday and shall be removed within 30 days following the holidays. (12) Vehicular signs. (13) Facture tenant identification sign. Such signs shall be permitted only while the development permit approval is in progress for a commercial or industrial activity and shall be removed within 15 days following the issuance of a certificate of occupancy, completion or abandonment of work, whichever occurs first. Such signs shall not exceed an area of 32 square feet. Each sign shall be at least 20 feet from contiguous property lines of adjacent land owners, at least five feet from any right-of-way, and shall be located on the site where the use will occur. (14) Garage sale signs. Only one sign, not exceeding four square feet located on the property of the residence where the garage sale is being conducted is permitted. Such a garage sale shall have received a permit from the city as required by section 82-51, Code of Ordinances. Said sign shall not be erected before the beginning of the garage sale and shall be removed each day at the close of the garage sale or by the end of daylight, whichever occurs first. Said sign shall not be located in the right-of-way. (15) Murals. Allowable in the Riverfront and Triangle Overlay Zoning. Districts; comm1 only. One mural Der building and shall not exceed 100 percent of the size of one wall. A mural shall be prohibited from facing a residential zoned district. Text or lettering shall not exceed ten percent 10% of the area of the mural. Murals determined to be advertising shall be considered a sign and shall be included in the calculations of allowable sign area in accordance with Article XVI. Mural applications will be approved with the guidelines set forth by the Sebastian River Area Public Mural Program (SRAPMP). Murals are subiect to approval by the City and the Sebastian River Area Public Mural Program Committee. Murals under this program are exempt from Sec. 54-4-21.A.6 Colors. Murals that utilize more than one wall shall adhere to size parameters and be continuous in approved catea;ory as established by this program as follows: a. Beach/Indian River Lagoon/Lakes/Rivers b. Birds in Florida c. Fishing/Fishing Village d. History & Treasure Coast e. Interactive f. Native Flora (plants) & Fauna (animals) 32 of 72 Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance 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 provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. 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 6. 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 Jim Hill Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2022. CITY OF SEBASTIAN, FLORIDA JIM HILL, MAYOR 33 of 72 ATTEST: JEANETTE WILLIAMS, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: MANNY ANON, JR., ESQ. CITY ATTORNEY 34 of 72 'In "4 SEELASTIA�N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: March 23, 2022 Agenda Item Title: Second Reading and Public Hearing of Ordinance No. 0-22.05 — Amending Code Chapter 38 - Elections Recommendation: Hold public hearing and at Council's discretion, adopt Ordinance No. 0-22-05 Back -around: The first reading was held on February 23, 2022 to change the Code Section to match the Charter Amendment approved by the electorate at the last election, providing for the new qualifying period to at least 81 days, but no more than 96 days prior to the day of election. Attachments: Administrative Services City Attorney Review: Procurement Division R 0-22-05 Departm Rev' 41 evwf,iappli f le: City Manager er Authorization: U Date: ? / ) /d 35 of 72 ORDINANCE NO. 0-22-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, 1NDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 38 ELECTIONS; PROVIDING SEC. 38-2 FORMS OF PETITION; FILING FEE, AMENDING THE QUALIFYING PERIOD; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Last year, the Indian River County Supervisor of Elections asked the, municipalities to establish a uniform qualifying time frame to accommodate the printing of Vote -by -Mail ballots; and WHEREAS, The electorate of the City of Sebastian agreed to change the City's qualifying period to at least eighty-one (81) days but no more than ninety-six (96) days prior to the day of election at the November 8, 2021 election; and WHEREAS, The City's Code of Ordinances needs to be amended to coincide with th- 2021 Charter Amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THIP, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. THE CODE OF ORDINANCES CHAPTER 38 ELECTIONS IS HEREBY AMENDED AS FOLLOWS: Sec. 38-2. - FORMS OF PETITION; FILING FEE. The city clerk shall furnish oaths as prescribed in section 38-1. Each candidate shall pay a qualifying fee of $25.00 to the city clerk at the time written acceptance is filed with the city cleric. Such filing fee shall not be refundable and shall be deposited into the general funds of the city to help defray election expenses. The oath together with the filing fee and other forms or documents required to be filed by candidates under Florida law shall be filed with the city clerk, not less than t Puby-une 81 4*4-yf6(4 days but no more than iwicty-six (96) days prior to the election date. Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid. the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact 1 36 of 72 such invalid provision. It shall further be assumed that the City Council would have enacted the: remainder of this Ordinance without said invalid provision. thereby causing said remainder to remain in full force and effect. Section 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Sebastian City Council that the provisions of this ordinance shall become and be made a part of the City of Sebastian's Code of Ordinances, and that the sections of this ordinance may be renumbered or re -lettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City CollnCil. The foregoing Ordinance was moved for adoption by Council Member The motion was seconded by Council Member vote. the vote was as follows: Mayor Jim Hill Vice Mayor Fred Jones Council Member Christopher Nunn Council Member Ed Dodd Council Member Bob McPartlan and, upon being put to a The Mayor thereupon declared this Ordinance duly passed and adopted on this � day of 2022. CITY OF SEBASTIAN, FLORIDA go Jim Hill, Mayor 2 37 of 72 ATTEST: Jeanette Williams, City Clerk Approved as to form and legality for Reliance by the City of Sebastian only: Manny Anon, Jr., Esq. 38 of 72 CM'f SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: March 23, 2022 Agenda Item Title: Community Development Block Grant (CDBG) Annual Action Plan for FY 2020/2021 Public Hearing and Adoption of Resolution No. R-22-10 Recommendation: Staff recommends approval of the Community Development Block Grant (CDBG) Annual Action Plan for FY 2020/2021 through the adoption of Resolution No. R-22-10 Backaround: On November 10, 2020, the City of Sebastian received notification of Fiscal Year (FY) 2020 allocations for the CDBG program through the Office of Community Planning and Development (CPD) formula programs in the amount of $127,095. The allocated funding was incorporated into the established programs which included the Sidewalk RepairlReplacement on N. Central Avenue and the Home Repair/Rehabilitation program for Veterans, Elderly and the Disabled. The City of Sebastian adopted Resolution No. R-20-25 on October 14, 2020 approving the CDBG 2020/2021 Annual Action Plan prepared pursuant to all requirements of the U.S. Department of Housing and Urban Development. In 2020 and 2021 the City of Sebastian received Community Development Block Grant (CDBG) CV1 funding in the amount of $74,778.00 and CV3 funding in the amount of $91,600.00, for a cumulative amount for all allocation rounds of $166,378.00 authorized by the Coronavirus Aid, Relief and Economic Security Act (CARES Act), Public Law 116-136. On July 14, 2021, the City of Sebastian adopted Resolution R-21-11, amending the CDBG Annual Action Plan for 2020/2021, effectively repealing R-20-16 and accepting the CARES Act funding. The City of Sebastian was required to amend the 2020/2021 Action Plans in order to use these funds as part of a HUD approved project list. Fallowing numerous attempts to determine appropriate projects for the approved funds based on the availability of opportunities and resources within the community, the City of Sebastian has decided to forgo the additional funds provided as part of the CDBG CV1 and CV3 funding authorization. HUD requires receipt of the 2020 Action Plan as a replacement for the Amended Action Plans. ACTION PLAN FOR 202012021: Community Development Block Grant $127,095 PROPOSED ALLOCATIONS Sidewalk Repair/Replacement ADA CRA $50,000.00 Home Repair Program for Veterans, Elderly and Disabled $51,676.00 Administration $25,419.00 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 2020 CDBG entitlement funding that the City anticipates receiving from the U.S. Department of Housing and Urban Development (HUD). Funding amount revisions will be madSgt8f9-T activities in the Action Plan should the exact amount of funding awarded by HUD differ from thus 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 2020 CDBG activities as needed or/or until the 2020 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 30 day commenting period. Resolution No. R-22-10 provides for rescinding Resolutions R-20-16 and R-21-11; the approval of the 2020/2021 Annual Action Plan; and authorizes the City Manager to execute and transmit all required documents to the U.S. Department of Housing and Urban Development. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $127,095 Total Cost: $127,095 Funds to Be Utilized for Appropriation: $127,095 Attachments: 1. Resolution No. R-22-10 2. Annual Action Plan (FY 2020/2021) 3. Referenced Resolutions: R-19-17, R-20-25, R-20-16, R-21-11 Administrative Services D City Attorney Review: Procurement Division Rev epartm eview:�_ ie , if app�fcable: a City Manager Authorization Date: _7//7�04 Z 40 of 72 RESOLUTION NO. R-22-10 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RESCINDING RESOLUTIONS R-20-16 AND R-21-11, RESPECTIVELY AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2019/2020 AND 2020/2021 ANNUAL ACTION PLANS; RATIFYING R-19-17 AND R-20-2S, RESPECTIVELY APPROVING THE 2019/2020 AND 2020/2021 ANNUAL ACTION PLANS; RECOGNIZING THE CITY'S ATTEMPTS TO RECONCILE APPROPRIATIONS OF FUNDS; FURTHER RECOGNIZING THE CITYS DECISION TO FORGO ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AUTHORIZED BY THE CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT (CARES ACT), AND PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian adopted Resolution No. R-19-17 in August 13, 2019 approving the CDBG 2019/2020 Annual Action Plan prepared pursuant to all requirements of the U.S. Department of Housing and Urban Development; and WHEREAS, the City of Sebastian adopted Resolution No. R-20-25 in October 14, 2020 approving the CDBG 2020/2021 Annual Action Plan prepared pursuant to all requirements of the U.S. Department of Housing and Urban Development; and WHEREAS, in 2020 and 2021, the City of Sebastian received Community Development Block Grant (CDBG) CV1 funding in the amount of $74,778 and CV3 funding in the amount of $91, 600, for a cumulative amount for all allocation rounds of $166,378 authorized by the Coronavirus Aid, Relief and Economic Security Act (CARES Act), Public Law 116-136; and WHEREAS, the City of Sebastian was required to amend the Action Plans in order to use these funds as part of a HUD approved project list, and WHEREAS, the City of Sebastian adopted Resolution R-21-11 in July 2021 amending the CDBG Annual Action Plan for 2020/2021, and effectively repealing R-20-16, by accepting the full funding allocation of the CARES Act; and WHEREAS, following numerous attempts, the City of Sebastian was unable to determine appropriate projects for the approved funds based on the availability of opportunities and resources within the community, the City of Sebastian has decided to forgo the additional funds provided as part of the CDBG CV1 and CV3 funding authorization; and WHEREAS, Notice of the Public Hearing regarding the 2020/2021 Annual Action Plan was published in a newspaper of general circulation; and WHEREAS, the 2020/2021 Annual Action Plan was made available for review and comments 14 days 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 March 23, 2022, for citizen review and comment; and 41 of 72 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. RESCIND. Rescind Resolutions R-20-16 and R-21-11. Section 2. ACTION. (1) Approve the 2020/2021 Annual Action Plan; and (2) authorize the City Manager to execute and transmit all required documents to the U.S. Department of Housing and Urban Development. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. 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 5. EFFECTIVE DATE. This resolution shall become effective upon adoption. 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 Jim Hill Vice Mayor Fred Jones Council Member Ed Dodd Council Member Christopher Nunn Council Member Bob McPartlan The Mayor thereupon declared this Resolution duly passed and adopted this 23`d day of March 202.2. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: JIM HILL, MAYOR Approved as to Form and Content for Reliance by the City of Sebastian Only: Manny Anon Jr., City Attorney 42 of 72 REVISED ANNUAL ACTION PLAN 2020-26121 CRY OF SF S I HOME OF PELICAN ISLAND REVISED ANNUAL ACTION PLAN 2020-2021 Prepared by: Guardian CRM Inc City of Sebastian Revised Annual Action Plan 2020-2021 November 18, 2020 July 14, 2021 — Amended March 23, 2022 - Revised 43 of 72 REVISED ANNUAL ACTION PLAN 2020-2021 I. EXECUTIVE SUMMARY The City of Sebastian Community Development Department is pleased to present the Second Year Revised Annual Action Plan for 2020. 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 living_ 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 housing Included within this broad goal are thf housing; retain the affordable housing affordable to low and moderate incon housing the includes structural features dignity. following: assist homeless persons in obtaining affordable stock; increase the availability of permanent housing that is ie residents without discrimination; and increase supportive and services to enable persons with special needs to live in 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. The City has not received any written continents 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 FY2020 of $127,095. Table 1: Funding Sources Funding Source Community Development Block Grant Amount $127,095 Utilizing CDBG funds will help leverage other funds, including monies from the tax increment financing district (Community Redevelopment Area) and other dedicated revenue funds for capital improvements. City of Sebastian Revised Annual Action Plan 2020-2021 November 18, 2020 July 14, 2021— Amended March 23, 2022 - Revised 44 of 72 2 REVISED ANNUAL ACTION PLAN 2020-2021 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: Objective Category Decent Housing Which includes: ❑ assisting homeless persons obtain affordable housing ❑ assisting persons at risk of becoming homeless El 171 171 i Objective Category: ' ] Objective Category: Suitable Living Expanded Economic Environment Opportunities Ll i 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 on the basis of 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 HN/ADOS) to live in dignity and independence providing affordable housing that is accessible to job opportunities a a 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 conserving energy resources and use of renewable energy sources City of Sebastian Revised Annual Action Plan 2020-2021 November 18, 2020 July 14, 2021 — Amended March 23, 2022 - Revised Which includes: ❑ job creation and retention ❑ 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 45 of 72 3 REVISED ANNUAL ACTION PLAN 2020-2021 Table 2: 2020 CDBG Activities Activity Amount Sidewalk Repair/Replacement ADA CRA $50,000.00 Home Repair Program for Veterans, Elderly and Disabled $51,676.00 Administration $25,419.00 The City of Sebastian's Community Development Department staffs are 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. V. DESCRIPTION OF ACTIVITIES PROJECT 1— PUBLIC FACILITIES, LMI AREA (CENSUS TRACTS OF 51 % LMI) Sidewalk Repair/Replacement (North Central Avenue) I. Description: Engineering design and construction of an ADA sidewalk. Replaces a blighted, crumbling downtown sidewalk. 2. National. Objective: Slum and Blight Area 3. Completion Date: September 30, 2022 4. Outcome Indicator: Replace blighted sidewalk with new ADA sidewalk within Sebastian's Community Redevelopment Area (CRA) 5. Outcome Statement: Eliminating blighting influences and the deterioration of property and facilities. Benefit to LMI Census Areas, PROJECT 2 — HOME REPAIR PROGRAM FOR VETERANS, ELDERLY AND THE DISABLED City Wide application for LMI Veterans, Elderly and the Disabled I. Description: Provision of home rehabilitation work targeted for veterans. Home repairs may include rehabilitation to make the improvements for someone with disabilities. 2. Completion date: September 30, 2022 3. Service Area: City-wide 4. Outcome Indicator: Rehab Two LMI Households for Code, Safety and ADA needs 5. Outcome Statement: No major findings, and timely expenditure of funds. Benefit to two 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 the majority of 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) City of Sebastian Revised Annual Action Plan 2020-2021 November 18, 2020 July 14, 2021— Amended March 23, 2022 - Revised 46 of 72 0 REVISED ANNUAL ACTION PLAN 2020-2021 Refer to the Consolidated Plan Chapter 1 for census tract maps The CRA district qualifies as meeting the national objective of eliminating slum and blighted area as so designated by the City under Chapter 163, Part III, Florida Statutes. Therefore, CDBG funded activities would be eligible under the National Objective for those that "address slums and blight on an area basis" at 24 CFR, 570,208 (b) of the federal Regulations. Most of the CRA area also falls within Census Tracts that are greater than 50% LMI. 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 proN2sion 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 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 strateev 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. City of Sebastian Revised Annual Action Plan 2020-2021 November 16, 2020 July 14, 2021— Amended March 23, 2022 - Revised 5 47 of 72 REVISED ANNUAL ACTION PLAN 2020-2021 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 Revised Annual Action Plan 2020-2021 November 18, 2020 July 14, 2021— Amended March 23, 2022 - Revised 1.1 48 of 72 RESOLUTION NO. R-19-17 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2019-2024 FIVE YEAR CONSOLIDATED PLAN, 2019 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 City of Sebastian has prepared the 2019-2024 five year Consolidated Plan and 2019/2020 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 Consolidated Plan and Annual Action Plan was published in a newspaper of general circulation; and WHEREAS, the Consolidated Plan and Annual Action Plan was made available for review and comments 30 days 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 26, 2019, for citizen review and comment; and a second public hearing was held on August 13, 2019; 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 2019-2024 Five Year Consolidated Plan; (2) approves the 2019/2020 Annual Action Plan; (3) 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 he 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 be become effective upon adoption. 49 of 72 The forgoing Resolution was moved for adoption by Iovino . The motion was seconded by. Mcpartlan and, upon being put to a vote, the vote was as follows: Mayor Jim Hill aye Vice Mayor Linda Kinchen aye Council Member Ed Dodd aye Council Member Albert lovino aye Council Member Bob McPartlan aye The Mayor thereupon declared this Resolution duly passed and adopted this 13th day of Auwst 2019. ATTEST: e netWilliams, MMC +ty Clerk CITY OF SEBjSf IAN, FLORIDA By: m ill Mayor Approved as to Form and Content for Reliance by the City of Sebastian Only: Jameks'Stokes, City Attorney 50 of 72 RESOLUTION NO. R-20-25 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2020/2021 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 2020 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 $127,095; and WHEREAS, the City of Sebastian has prepared the 2020/2021 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 14 days 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 November 18, 2020, 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 2020/2021 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, 51 of 72 The forgoing Resolution was moved for adoption by Hill . The motion was seconded by McPart1an arid, upon being put to a vote, the vote was as follows: N'I:tynr Dodd ;;%'VP vice Mayor Hill s1y-e— ('nuneil Member ,zones ave ('council Member McPartlan aye C'OLHICil Member Nunn aye The Mayor thereupon declared this Resolution duly passed and adopted this 14`" day of October 2020. ATTEST: 1�anette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: iG1� Ed Dodd , Mayor Approved as to Form and Content for Reliance by the City of Sebastian , ly: Mpnny Anon, City Attory>�e�i 52 of 72 ANNUAL ACTION PLAN 2020 CITY OF HOME OF PELICAN ISLAND ANNUAL ACTION PLAN 2020 Prepared by: Guardian CRM Inc City of Sebastian Annual Action Plan !November 18, 2020 53 of 72 ANNUAL ACTION PLAN 2020 I. EXECUTIVE SUMMARY The City of Sebastian Community Devclopincni Department is pleased to present the Second Year Annual Action Plan for 2020. This plan addressers programs for the Community Development Block Grant (CDBG) funding provided by the U.S. Department of I lousing an(] 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 smices; 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 Ior historical, architectural or aesthetic reasons: and conserving energy resources. To provide decent housint< 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 housinu 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 lone and very low-income persons; providing access to credit for community development that promotes long terin economic and social viability; and empowering low- income persons in federally assisted car public ]rousing to achieve self sufficiency. IL CITIZEN PARTICIPATION This plan Nvas created through consultation with various agencies and puhli4 IlCiirin,-, opcn to the public for comment on the needs of low- to nuulcrate-income persons in the City. The City has not received any written comments relative to the CDBG program, an(] 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 prograin lbr IN2020 of'$127,095. Table 1: Funding Sources Funding Source Amount Community Development Block Grant 5127,095 Utilizing CDBG fiends will [tell) leverage other liinds, including monies from the tax increment financing district (Community Redevelopment Area) and other dedicated revenue finds liar capital improvements. City of Sebastian Annual Action Plan November 18, 2020 54 of 72 ANNUAL ACTION PLAN 2020 IV. ANNUAL OBJECTIVES The City wishes to Beep the program Simple to inect the national objective of benefiting low to moderate income persons through housing and eliminating blighted/deteriorated public facilities. ]'lie goals and objectives to be carried out during the action Flan period arc indicated by placing a check in the following boxes: Q Objective Category MCent EEousing Which includes: assisting homeless persons obtain affordable housing 1 assisting persons at risk of becoming homeless { Objective Category: Suitable Living E:n►•ironnient retaining the affordable I liou,,ing stock increasing the availability of affordable permanenl housing in maindard condition to low-income and moderate -income Gunmhes, panicularlY to members of disadvantaged minorities without discrimination on the basil of race, color. religion, sex, national origin, Familial status, or disability increasing the supply of supportive housing which includes structural lectures and scrviccs to enable Persons Willi special aced; (including lwrsons with HIWADOS) to live in dignity and independence providing affordable housing that is accessible to jot) opportunities 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 ilirough spatial deconcentration of housing opportunities for lower Income persons and the revitalization of deteriorating neighborhoods 1 restoring and preserving properties of special historic, architectural, or aesthetic value ] conserving energy resources and use of renewable energy sources City of Sebastian Annual Action Plan November- 18. 2020 Objective Category: Expanded Economic Opportunities Which includes: _job creation and retention establishment, stabilization and expansion of small business (including micro - businesses) tine provision of public smice, 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 fmaTlcing 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 [lie community 3 55 of 72 ANNUAL ACTION PLAN 2020 Table 2: 2020 CDBG Activities Activity Sidewalk Repair/Replacement ADA CRA I ionic Repair Program for Veterans, Eldcrly and Disabled Administration Amount $50,000.00 S51,676.00 J S25,419.00 The City of Sebastian's Community Developincnt Department stalls are the lead agency for the clevclopmenl and implementation of the Consolidated Plan and the Annual Action flan. The Staff, stakeholders, and the City Council ilselfhave all worked in cooperation for the development of the plan. V. DESCRIPTION OF ACTIVITIES PROJECT1 — PUBLIC FACILITIES, LNI I AREA (CENSUS 'TRACTS OF 51 % LNI I) Sidewalk Repair/Replacement (North Central Avenue) I. Description: Engineering design and construction of an ADA sidewalk. Replaces a blighted, crumbling downtown sidewalk. 2. National Objective: Slum and Blight Area 3. Completion Date: September 30, 2022 4. Outcome Indicator: Replace blighted sidewalk with new ADA sidewalk within Sebastian's Community Redevelopment Area (CRA) 5. Outcome Statement: Eliminating blighting influences and the deterioration of property and fiicilities. Benefit to LMI Census Areas. PROJECT 2 — IIOME REPAIR PROGRANI FOR VETERANS, ELDERLY AND THE DISABLED City Wide application for LMI Veterans, Elderly and the Disabled i. Description: Provision of home rehabilitation work targeted for veterans. Home repairs may include rehabilitation to stake the improvements for someone with disabilities. 2. Completion date: September 30, 2022 3. Service Area: City-wide 4. Outcome Indicator: Rehab Two LMI Households for Code, Safety and ADA needs 5. Outcome Statement: No major findings, and timely expenditure of funds. Benefit to two 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 the majority of ItousehOlds are very low, low- or moderate- income households. Ttic Block Groups that have a population where the percent of low- income louseholds 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 I of Census Tract 508.08 (60.26% LMI) • Block Group 1 of Census Tract 508.06 (54.22% LMI) • 13lock Groula 2 of Census Tract 508,05 (50.51 % LMI) City of Sebastian Annual Action Plan November 18, 2020 4 56 of 72 ANNUAL ACTION PLAN 2020 Refer to (lie Consolidated Plan Chapter 1 for census tract maps The CRA district qualifies as meeting the national objective of eliminating slum and blighted area as so designated by the City under Chapter 163, Part 11I, Florida Statutes. Therefore, CDBG funded activities would be eligible under the National Objective for those that "address slums and blight on an area basis" at 24 CFR, 570,208 (b) of the federal Regulations. Most of the CRA area also falls within Census Tracts that are greater than 50% LMI. 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 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 strate2v 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. City of Sebastian Annual Action Plan November 18, 2020 5 57 of 72 ANNUAL ACTION PLAN 2020 XII. CDBG PROGRAM SPECIFIC REQUIREMENTS Of primary note., the City does not expect to Lencrate or receive any program income from CDBG funded projects. When is not any program income received in a preceding year progrant. ne 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 nowt -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 thrcc-year period, 70% of CDBG funds are utilized for activities that henefit low - and moderate- income persons. City of Sebastian Afinual Action Plan November 18, 2020 58 of 72 RESOLUTION NO. R-20-16 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2019/2020 AMENDED ANNUAL ACTION PLAN, RECOGNIZING RECEIPT OF ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AUTHORIZED BY THE CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT (CARES ACT), 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 City of Sebastian adopted Resolution No. R-19-17 in August 2019 approving the CDBG 2019/2020 Annual Action Plan; WHEREAS, the City of Sebastian has prepared the 2019/2020 Amended Annual Action Plan pursuant to all requirements of the U.S. Department of Housing and Urban Development; and WHEREAS, the City of Sebastian received additional Community Development Block Grant (CDBG) funding in the amount of $74,778, authorized by the Coronavirus Aid, Relief and Economic Security Act (CARES Act), Public Law 116-136; and WHEREAS, the City of Sebastian is required to amend the 2019/2020 Action Plan to use these funds; and WHEREAS, Notice of the Public Hearing regarding the Amended Annual Action Plan was published in a newspaper of general circulation; and WHEREAS, the Amended Annual Action Plan was made available for review and comments 30 days 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 August 26, 2020, 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 2019/2020 Amended 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. 59 of 72 Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -letterer and corrections of typographical errors which do not affect the intent may be authorized by the Cit) Manager, or the City Manager's designee, without need of further action of the City Council by filing corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This resolution shall become effective upon adoption. The forgoing Resolution was moved for adoption by Hill . The motion was seconded by Dodgy . and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice Mayor Charles Mauti aye Council Member Jim Hill aye Council Member Damien Gilliams ave Council Member Pamela Parris aye The Mayor thereupon declared this Resolution duty passed and adopted this 26=" day of August 2020. ATTEST: Inette Williams, MMC Clerk CITY OF SEBASTIAN, FLORIDA By: _ Ed Dodd, Mayor Approved as to Form and Content for Reliance by the City of 5pbast' n Only: nny An�ii, City At� ey 60 of 72 RESOLUTION NO. R-21-11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2020/2021 AMENDED ANNUAL. ACTION PLAN, RECOGNIZING RECEIPT OF ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDSG) FUNDING AUTHORIZED BY THE CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT (CARES ACT), AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND TRANSMIT ALL DOCUMENTS TO THE U4. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian adopted Resolution No. R-20-25 In November 2020 approving the CDBG 2020/2021 Annual Action Plan; WHEREAS, the City of Sebastian has prepared the 2020/2021 Amended Annual Action Plan pursuant to all requirements of the U.S. Department of Housing and Urban Development; and WHEREAS, the City of Sebastian received additional Community Development Stock Grant (CDBG) C1/1 funding In the amount of $74,778 and CV3 funding In the amount of $91, 600, for a cumulative amount for all allocation rounds of $166,378 authorized by the Coronavirus Aid, Relief and Economic Security Act (CARES Act), Public Law 116-136; and WHEREAS, the City of Sebastian is required to amend the 2020/2021 Action Plan to use these funds; and WHEREAS, Notice of the Public Hearing regarding the Amended Annual Action Plan was published In a newspaper of general circulation; and WHEREAS, the Amended Annual Action Plan was made available for review and comments 14 days 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 July 14, 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 2020/2021 Amended 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. 61 of 72 Section S. 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. The forgoing Resolution was moved for adoption by. _ Hill _ - . The motion was seconded by Jones _ _ and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice Mayor Jim Hill aye Council Member Fred Jones aye Council Member Christopher Nunn absent Council Member Bob McPartlan aye . The Mayor thereupon declared this Resolution duly passed and adopted this 14t° day of July 2021. ATTEST: je nette Wllllams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: 6V V(. � 2 e� ?d Dodd, Mayor Approved as to Form and Content for Reliance by the City of Sebastian Only: anny AnBsi, Jr., Attorney 62 of 72 l�n li SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: March 23, 2022 Agenda Item Title: Ordinance No. 0-22-02 - Proposed Land Development Code Amendment - Article IX relating to concurrency, and Article XVIII and Article XIX amending sections relating to recreation Recommendation: Hold first reading for Ordinance 0-22-02. If approved, set second reading and public hearing for April 13, 2022 Background: In accordance with Florida Statutes 163.3202(1), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan. Staff has summarized, reviewed and confirmed necessary modification or additions within the Land Development Code (LDC) required to bring the LDC into compliance with the Comprehensive Plan 2040. The following provides the Policy statement that corresponds to the proposed amendments. Parks. Recreation, and Open SDace Element Policy 6-1.1.8: Land Dedication Enhancement. The City shall update and maintain the Land Development Code {LDC) to match the LOS standards, enhance the applicability of the dedication or fee in lieu provisions, add objective criteria for determining private recreation credits, and eliminate the ability for private recreation credits to satisfy all public recreation land dedication requirements. Public Schools Element Policy 8-1.3.2. School Concurrence Review Process. The City in coordination with the school district shall establish a school concurrency review process for all non-exempt residential projects through its land development code (LDC). Policy 8-1.3.3: Adoption of School Concurrenev Regulations. Consistent with Policy 8-1.3.2, the City of Sebastian shall adopt school concurrency and proportionate fair share provisions into its LDC or utilize Indian River County's LDC consistent with the requirements of the Interlocal Agreement. Policy 8-1.5.4: Coordination to ensure necessary off -site immovements. New developments adjacent to existing or planned public schools shall be required where feasible to provide right-of-way for pedestrian connections to the schools from the neighborhood's sidewalk. network. The Planning and Zoning Commission reviewed Ordinance 0-22-02 on February 17, 2022 and unanimously approved the draft ordinance with the recommendation of removal of language that has been highlighted in yellow for City Councils review. Subsequently, staff has further refined the ordinance with suggested language highlighted in = for further consideration by City Council. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: NIA Total Cost: No cost for this agenda item is anticipated. Funds to Be Utilized for Appropriation: NIA 63 of 72 Attachments: 1. Ordinance 0-22-02 Administrative Services Department City Attorney Review Procurement Division Review. City Manager Authorization: Date: �/� �- 64 of 72 ORDINANCE NO. 0-22-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.4, CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS BY PROVIDING FOR A NEW SECTION RELATING TO SCHOOL CONCURRENCY; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.7, CRITERIA FOR ADOPTED LEVEL OF SERVICE STANDARD (LOS) RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3- 9.8, CRITERIA FOR METHODOLOGY FOR DETERMINING DEMANDS ON CONCURRENCY FACILITIES PERTAINING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.9, CRITERIA FOR DETERMINATION OF AVAILABLE CAPACITY RELATING TO PARKS AND RECREATION FACILITIES; AMENDING LAND DEVELOPMENT CODE SECTION 54-4-18.4, CRITERIA FOR INFORMATION TO BE INCLUDED IN SITE PLAN RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-4-19.11, CRITERIA FOR REQUIRED IMPROVEMENTS AND DESIGN CRITERIA RELATING TO RECREATION; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved updates to the Comprehensive Plan 2040 in 2021; and WHEREAS, in accordance with Florida Statutes 163.3202(1), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan within one year of adoption; and WHEREAS, the City Council finds it is in the public interest to modify and update certain provisions of the code relating to concurrency and plan review processes; and WHEREAS, the Local Planning Agency held a public hearing on February 17, 2022, and made a recommendation to City Council to approve Ordinance 0-22-02. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: 1 65 of 72 Amendment 1: ARTICLE IX CONCURRENCY MANAGEMENT Section 54-3-9.4. Criteria for concurrency and final development orders. (d) School Concurrenev. For all school concurrency, the city incorporates by reference the Indian River County Inter -local Agreement for Coordinated Planning and School Concurrencv. March 1, 2008. The city is bound by the relevant provision of the School Concurrenev Ordinance adopted by the County and any cooperative agreement it may enter hereto forth, and shall find that the proposed development is in compliance with concurrencv management requirements at the time the final development order is issued. Section 54-3-9.7 Adopted Level of Service Standards (LOS). Level of service standards for those public facilities for which concurrency is required are set forth below: Recreation: Park Classification Neighborhood Park Community Park Acreage of Recreation AreaslPopulation 2-6-2 0 per 1,000 275-2_0 per 1,000 Section 54-3-9.5 Methodology for Determining Demands on Concurrency Facilities. (b) Other facilities. The level of service standards for all concurrency facilities are listed in section 54-3 - 9.7. The applicant shall provide the planning and growth management director with the information required to apply the adopted level of service standard as cited below. The demand on concurrency facilities generated by the applicant's development shall be determined as cited below. (1) Solid waste. The demand for solid waste collection and disposal capacity shall be determined by multiplying the total number of persons served times 7.52 pounds. (2) Potable water. The demand for potable water capacity shall be determined by multiplying the total number of equivalent residential units served times 250 gallons. (3) Sanitary sewer. The demand for sanitary sewer capacity shall be determined by multiplying the total number of equivalent residential units served times 250 gallons. (4) Drainage. The applicant shall provide evidence demonstrating that the proposed project shall meet the LOS established in section 54-3-9.7 for drainage facilities. (5) Recreation area. The demand for recreation area shall be determined by multiplying the city's recreation area level of service standard (22:5 4_0 acres per 1,000 population or .00025 .0040 acre multiplied by each person served by the development). 2 66 of 72 Section 54-3-9.9 Determination of Available Capacity. (a) Step]: Add the indicators of available facility capacity: (1) Capacity of existing facility. The total capacity of existing facilities operating at the required level of service; and (2) Capacity of committed potable water, sewer, solid waste and drainage. The total capacity of committed new facilities, if any, that will become available on or before the date a certificate of occupancy is issued for the development. The capacity of concurrency facilities may be counted and deemed concurrent only if the following standards are met: a. For potable water, sewer, solid waste and drainage: The standards identified in article XH shall be met. b. For parks and recreation facilities. The staiid ,_.a., 3nt� d it sic ie 54 3 9.7 met. In order to ensure adequate_ geographic distribution of parks and provision of amenities and facilities in existing and planned city_ varks and prevent degrradation in the LOS, the land dedication requirements of section 54-4-19.11 shall be adhered to and a dedication or fee -in -lieu. contributions made by all new residential development without regard to existing or committed capacity. c. For roads: The standards identified in section 54-3-9.7 shall be met. (b) Step 2: Subtract the committed capacity: (1) Existing demand based on existing development. The demand for services or facilities created by existing development as provided by the city. (2) Demand to be generated by vested development, valid capacity reservation certificates, and valid certificates of concurrency. The demand for the service or facility created by the anticipated completion of other vested and/or approved developments. Amendment 2: ARTICLE XVIII SITE PLAN REVIEW PROCEDURES Section 54-4-18.4 Information to be Included in Site Plan. (C) Concurrency facilities and other utilities or services. Site plans shall satisfy concurrency management regulations cited in article IX. This component of the plan shall identify demands on concurrency facilities generated by the proposed development and identify how the demands shall be accommodated through improvements. The site plan shall also list the utility providers currently serving the site together with a description of the existing infrastructure serving the site. Include the location, design and character of all concurrency facilities and other utilities, such as underground or overhead electric lines, gas transmission lines, or other similar facilities or services, on the site plan. Concurrency facilities shall include the following: (7) Recreation. Identify projected demand generated by the development and cite land and facility improvements provided to ensure the city's level of service is not adversely impacted. The requirements of section 54-4-19.11(h) shall be adhered to for all proiects which include new residential dwelling units regardless of whether a subdivision plat is to be recorded. 67 of 72 Amendment 3: ARTICLE XIX SUBDIVISION Section 54-4-19.11 Required Improvements and Design Criteria. (b) Dedication of lands for parks and recreation. All residential development shall provide an equitable dedication of land for public park purposes and/or fees in lieu thereof pursuant to the standards stated below and shall comply with coneurrency management provisions of chapter III, article IX, Concurrency Management. The standards provided herein are stipulated to implement policies within the parks and recreation element. The standards shall apply to all residential applications for subdivision approval. No property shall be assessed twice for respective subdivision plat applications unless a rezoning subsequently increases the density permitted on a parcel(s) of land. (1) Requirements. As a condition of development, the applicant shall dedicate land to the City of Sebastian, pay a fee in lieu thereof, or a combination thereof, at the option of the city for park and recreational purposes at the time and according to the standards and formula described in this section. (2) General standard. Four acres of property for each 1,000 persons residing in the city fshall], be devoted for park and recreational purposes. To determine park and recreational land to be dedicated within the service area of proposed developments, analysis shall consider available facilities inventoried in the Parks, Recreation and Open Space element of the City of Sebastian Comprehensive Plan: Da*a 1x-,vlrto7f and P—ngysis. Prior to dedicating such land, the applicant shall provide the city with an environmental audit performed by a registered engineer evidencing that the property does not contain any contaminated or hazardous materials defined by law. Wees in lieu of land dedication. If it is demonstrated by the applicant to the satisfaction of the city council that no park or recreation facility can be located in whole or part within the proposed development to serve the immediate and future needs of the residents of the development, or if the proposed development shall consist of 50-Wdwelling units or less, the applicant may, in lieu of dedicating land, pay a fee equal to the fair market value of the land which would have been required to be dedicated to 4dt3 .'��-.z+-7a-�t�Tad;--�la•crll-�-e•�-:•;•+- -- .- . _ -. _. _ _ E� r�.,<�..�.c-�::.�.:�.�: ^ Pi3 fooFiate sim for raer-o4ti�-,,—� ule. The size of parcel to be donated shall be at least one (1) acre. The city shall 0 consider ems -•fee -in —lieu for parcels less than one (1) acre in size. f%L,� Use of money. The money collected shall be paid to the City of Sebastian and placed :in a reserve account within a special fund. The monies and accrued interest from fees paid for any given development shall be used solely for acquisition of parkland or facilities reasonably related to serving said development. 49 a Detcrmination of fair market value. Where a fee is required to be paid in lieu of land dedication, the value of the 'I be de.e od by the value p . a--Ta aazigned by t c L-Aia n RiYer 4 68 of 72 sty LlopQi f rAlprn,,qOeaefC�jl tho rna--t Fe .,t tax roll r the sale price a! th -nooA ire o ale oft PFE)peo) amount of such fee shall be based on the appraised value or the purchase price,_ whichever is greater , The appraised value of the land shall be determined by an appraisal by a Qualified, independent real estate appraiser, to be secured by the developer. At the option of the city, the city may also secure an appraisal by a Qualified independent real estate appraiser, the results of which shall be used to determine the value of the land in coniunction with the developer's appraisal, 4-14j6_Technical standards for determining dedication requirement. a. Dedication formula. The following formula shall beused: Average Number of Persons per Dwelling Unit x 4 Acres per 1,000 Persons = Acreage Requirement per Dwelling Unit. €sample €k C--3iNgl . t.Un�vo7,ec f'Florida Shimber-g Geniff, 1996 Assessment of A ff Fdab,le Hous..,g. City of t it 1 /' wvo N..- 1,090 Pefsens — 0.0 T n ere. rr iii4 The average household size is 2.24 people per dwelling unit according to the University of Florida Bureau of Economic and Business Research (BEBR), December 2020 in City of Sebastian: 2.24 Persons/Unit x 4 Acres Per 1,000 Persons = 0.01 Acres/Unit. b. —Land dediea-tien er- zee, The eity eouncil alka l ae.e,., ifte ...l,e+he« to pt land aed ion 0 rccrcii�e iient of a -fee in lieH thOFO9fzricer- eensider-ation of tt,e fell..,.,ing: 1. Topogm-p1:;/, •. 8etatien, hydrolegy, aeeesrs—and Wation of land in the deyelep!:nen available for- dedieatiw, -2. Sipe shall he five . s or largo. with?-c". jhupo and ..,t,,,..,1 Fe.,.,,,.es adaptive -to pavr13 af e -pet✓ Mal llondo arrd Lc 1 parIE pr-ape,+, d ob. Credit for private recreational space. Upon recommendation from the community development department, Tthe cif -City eouneil-Council may grant fi&- up_ to 50 percent (50%). partial credit for private recreational space within the development pursuant to the standards established herein. Such credit shall be applied against the total dedication or fee -in -lieu requirements for parks and recreation pursuant to this code. These guidelines and standards are established in order to ensure that private recreational spaces provide an appropriate range of recreational opportunities for residents of proposed developments. tt�E 7 IThe F Ti,.,..:,�.. F� .ltl:i�G o�AK �. l�:ed.! i x io�T . x C — D A — NIu E— T �3-Amciuy Size rci1 000 yvvre vcTa is 1-24ow D -- Mr UIV. Full Cr -2. Fr,- VY9N4d@EI affi&fii a V(HiQh due,. than the minimufn size r^T full e.edit the .,ll,..,, £edit- shall Xct ad a T (WeN4aed Size / D) x Fu'sCredatoeTab1e — Allowable Gedi� 69 of 72 ra L.a.Jw v�rf iRf �+ - - - _ �� � -��.. _ ..,;ems:,^..'..�.�. �. INNOM .KMA Ji r..(IOU �4 00% r i r 0/i 0 � wh . _� iirlray.. o: L'L7:J� QQ j + Cabana 1 R ** 1+ c. Requirements for private recreation space. 1. The yards, setbacks, and other open areas required by the land development code and building codes shall not be included in the computation of private recreational space. 2. The private ownership and maintenance is adequately provided in perpetuity by recorded written agreement, conveyance, or restrictions. I The use of the private recreational space is restricted for park and recreational purposes by recorded covenant which runs with the land in favor of the future owner's property and which cannot be defeated or eliminated without the consent of the city council. 4. The proposed private recreational space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, vegetation, hydrology, access and location. 5. Environmental preserves which have boardwalks, nature trails, water access, or other usable,passive recreational features, ma�-shall count for up to ten fftiper100 percent of the required dedication. d. Procedure for dedication of land or uayment of fees in lieu 1. As a condition of site and development plan approval, the developer shall agree in writing to dedicate land, pav a fee in lieu thereof or a mixture of both, for parks and recreation as determined by the eioi-City eauneil Council in accordance with this article. 6 70 of 72 2. At the time of filine of the final plat, or prior to the issuance of a building permit for those developments that do not require a plat, the developer shall dedicate the land free and clear of all encumbrances or pay fees as previously determined by the si�City seuneiJCouncil. The fee -in -lieu of dedication shall be calculated per Section 54-4-19.11(h) (5) above. Section 2. Severnbility. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance 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 provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. 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 6. 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 Jim Hill Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Bob McPartlan Couneihnember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of 12022. 7 71 of 72 CITY OF SEBASTIAN, FLORIDA JIM HILL, MAYOR ATTEST: JEANETTE WILLIAMS, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: MANNY ANON, JR., ESQ. CITY ATTORNEY 8 72 of 72