HomeMy WebLinkAbout07-21-2022 PZ Minutes w/AttachmentsCITY OF SEBASTIAN
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES
JULY 21, 2022
Call to Order -- Chairman Alvarez called the meeting to order at 6:00 p.m.
II. Pledae of Alleaiance was recited by all.
III. Roll Call
Present:
Mr. Alvarez Ms. Battles
Cl) > ''
O
Mr. Carter Ms. Jordan
w -o ro
'
Mr. Lucier Mr. Simmons
woo:
❑ <
' 0-4Ms.
Kinchen
p o o. c
(n ug,
mco
c
Not Present:
'm
Mr. Christino — Excused
Ms. Kautenburg -- Excused
3 o�
'�
-.
Also Present:
G
Ms.
Lisa Frazier, Community Development Director
5�3
Ms.
Dom Bosworth, Community Development Manager
Mr.
Manny Anon, Jr., City Attorney
2
Mr.
Joseph Perez, AV Technical Assistant
Ms.
Jeanette Williams, City Clerk
Dr. Mara Schiff, Indian River County School Board liaison, was not present.
IV. Announcements and/or Aoenda Mod cations
Mr. Alvarez announced that Mr. Christino and Ms. Kautenburg are excused
and that Ms. Jordan will be voting tonight as an alternate member.
V. ADDroval of Minutes Regular Meeting of July 7, 2022
Mr. Alvarez asked if all the Commissioners have had a chance to review the Minutes of
the July 7, 2022 meeting. All indicated they had. There being no comments or
corrections, Mr. Alvarez called for a motion. A motion approving the Minutes of July 7,
2022 as presented was made by Mr. Carter and seconded by Ms. Kinchen.
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2
MINUTES OF JULY 21, 2022
Roll Call
Ms. Battles — Yes Mr. Carter -- Yes
Mr. Lucier -- Yes Ms. Kinchen — Yes
Ms. Jordan -- Yes Mr. Alvarez — Yes
Mr. Simmons -- Yes
Vote was 7-0 in favor. Motion passes.
VI. Public Hearin
A. Public Hearing — Recommendation to City Council — Preliminary Plat,
Terra Estates Subdivision — 8.8 Acres — Laconia Street, South of Gladiola
Avenue — Proposed Construction of a Three (3)-Lot Subdivision along with
a Private Road, Utilities, and Stormwater Improvements -- RS-10
(Residential Single -Family) Zoning District -- VLDR (Very Low Density
Residential) -- 3 dwelling units/acre
Mr. Alvarez opened the hearing. Mr. Anon read the title into the record. Mr. Alvarez
announced the rules to be followed during the hearing. He called for the applicant for his
presentation.
Wesley Mills, Mills, Short & Associates, identified himself as the engineer of record for
this project. He called for questions/comments from the Commission members. There
being no questions/comments from the Commission members, Mr. Alvarez called for staff
to make their presentation.
Ms. Bosworth stated that this public hearing is being held prior to presenting this plat to
City Council. Council will be holding a public hearing also before making the final
decision. She stated that this is the opportunity for the Commission members to review
the plat and make recommendations that they would like to see.
Ms. Bosworth described the location for this project off of Laconia Street and reviewed
the history of the property. Sebastian's Code allows a one-time split without having to go
through a plat process, which the previous owners have already done. She described
that this is the northern nine acres, which was considered Parcel A. Parcel B is the lower
nine acres. The previous subdivision of Turtle Grove at the time presented that they were
going to deed to the City an additional 40 feet for a Laconia Street right-of-way. Laconia
is a one-way street that provides traffic travel from south to north. However, the property
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3
MINUTES OF JULY21, 2022
was never platted, never deeded to the City. The next application presented to the City
was for this division of lots. The City desired to acquire the additional 40 feet that was
needed for Laconia Street. It was offered for the City to purchase it. The City and the
new buyers could not come up with an agreed -upon price. What was done at that time
was the creation of a 40-foot easement. It is an access right-of-way easement. She
stated that a copy of the easement agreement has been supplied to all members of the
Commission (SEE ATTACHED). The staff report states that all the requirements of the
LDC code have been met. What is being proposed is a private roadway to be known as
Terra Lane. It will be constructed and dedicated to those three lots of the subdivision.
They will have to provide an HOA, and the HOA will establish that those three lots will
take care of Terra Lane, and they will be responsible for that. They are bringing in water
lines off Laconia that will allow for a new hydrant, as well as installing stormwater
drainage. There is a swale along Terra Lane that will treat the run-off before it goes into
the drainage ditch to the north. Each individual lot owner will have to establish its own
drainage plan also. There is a conceptual lay -out on one of the sheets that have been
presented tonight. To the north of this subdivision there is a platted 50-foot drainage
right-of-way that the City maintains. The City is requesting that there is verbiage on the
final plat requiring as a condition that the City can also use that private road to reach the
drainage row for maintenance. Laconia Street is one way traveling south to north, so the
residents of this subdivision will have to be a left turn in only, and they will only be able to
do a left out to get to the intersection and then continue on. The City is requesting that
there be some additional signage on Laconia Street that will be visible showing that the
street is a one-way street.
She also relayed that there are definitely tortoises on the property, and that there was a
preliminary environmental assessment on the property. Before there is any land clearing,
they will have to do a current tortoise survey, and any tortoises will have to be removed
via the proper permitting process.
She reiterated that the preliminary plat is before the Commission, and they will make a
recommendation to City Council. Council will make the final decision, and that is
scheduled for August 24U. The next application to come in will be the actual construction
plans that will show more detail on the final road. After that construction is completed,
there is the final plat that will be recorded at the courthouse.
Staff feels that the application meets all the requirements of the Land Development Code,
and staff is recommending approval with the three conditions as noted on page 5:
1. That the final plat contain verbiage regarding the access by the City on the right-
of-way, and the 25-foot easement on parcel 3.
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4
MINUTES OF JULY 21, 2022
2. The City will require before construction begins a "Schools Capacity Availability
Determination" letter that is required for all residential subdivisions.
3. A current, updated gopher tortoise survey.
Mr. Alvarez --
Asked where these lots will face. Ms. Bosworth stated that their driveways will be
off of Terra Lane.
Ms. Battles --
• Based on the benefit of having Laconia widened, will there be escrow for widening
in the future. Ms. Bosworth stated that this is not a separate easement with its
own legal description. It is actually attached to parcel B, and who has control is
the lower nine acres' owner. There has been no discussion regarding an escrow
account.
• Stated that obviously the trips are going to be lower than the parcel to the south,
and that is why she mentioned escrow for pro-rata shares.
• Asked if the attorney reviewed this document for an opinion on whether or not that
area could be built on. Ms. Bosworth stated not at this time. Ms. Battles stated
that it is her opinion that a pro-rata share might be more equitable.
• Stated that she did not see sewage on the utility plan. She inquired whether sewer
is going to be provided. Ms. Bosworth stated that sewer utilities are not available
to this area. It will be a septic system.
Ms. Kinchen --
Regarding the one-way section of Laconia where Terra Lane is going to come in,
she asked how many houses are there. Ms. Bosworth stated that, based on the
area, there are two or three houses on Laconia before you get to the intersection
of Periwinkle and Bevan, That area on Laconia Street is supposed to be one way.
Ms. Kinchen is concerned about that, as there have been numerous accidents at
the first house's front yard. Ms. Bosworth explained that at the end of Terra Lane,
on the other side of Laconia, there will be signage regarding the one-way street.
She added that, if the Commission wished to have some additional one-way
signage at the intersection, the engineer can examine that portion. Ms. Kinchen
also stated that she felt this easement will also have to be reexamined because
she is not sure if the property developer owns that 40-foot easement.
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5
MINUTES OF JULY 21, 2022
There being nothing further from the Commissioners or staff, Mr. Alvarez called for public
input.
Dorene Irwin,1710 Laconia Street — Her driveway is directly across from the easement
by the drainage canal. She is concerned that if Terra Lane comes out that way, it is going
to be a mess there where it says, "Do Not Enter." That is her address and her driveway
and her yard. She has lost her mailbox four times because of drivers going the wrong
way there. The last time a gentleman who crashed there unfortunately passed away.
After that, the City did a great job putting up new signs. They marked off the road, and
since then there have not been any issues. If that road is near the ditch and it is right
where the sign says, "Do Not Enter," drivers are not going to go around the street to go
in. They are going to go the wrong way there. She is worried about her driveway and
her mailbox again.
Warren Fuller, 1672 Sunport Road -- Sunport is at the very end of Gladiola. Regarding
the two parcels, he asked if parcel B is the farthest one to the west. Mr. Fuller stated that
he has lived there since 2004, so he has experienced several hurricanes since then.
There is severe flooding. Gladiola and Sunport intersect there, and the flooding there
from Hurricane Matthew was about three feet. He is not against development, but he
asks that it not make his situation worse. What he is concerned about is that we are
piecing this into separate projects. He would ask for a comprehensive stormwater plan
for all the parcels, not just one. In his opinion, he has not heard an adequate plan for this
project. The drainage ditch that was referred to needs to be cleared and a retention pond
or something to retain the water installed so that it can slowly drain down.
Ms. Bosworth interjected that after public input is completed, she will put the plans on the
monitor, as a visual may help answer some of the questions.
Alesandra Valenzuela, 649 Wallis Avenue — In the same manner that the tortoises
were considered, when someone puts an application in to build something, someone
somewhere makes a map of all the tortoises and makes a plan to remove the tortoises
and put them somewhere else. She proposes that in the same way that we care for the
tortoises we do this with the oak trees. We have the means to relocate oak trees as well.
Alma Miller, 1758 Laconia Street — She questions how many houses will be built in
that one area. She lives on the one-way street, and very often drivers do not recognize
that it is one way. She wonders, if there are going to be a number of houses there, how
many will indeed go around Crystal Mist to Concha to turn on Laconia. She also questions
why this is proposed to be a subdivision.
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6
MINUTES OF JULY 21, 2022
There being no one else who wished to speak, either in chambers or on Zoom, Mr.
Alvarez asked staff for their summary.
Ms. Bosworth showed parts of the plan on the monitor so the public can see (SEE
ATTACHED) . She also said that Mr. Terra as a property owner may want to speak as to
his plans. There was a tree survey required. All of the specimen and protected trees
were noted on the plan. She pointed out that the north section is where the proposed
road will go. There are going to be some trees that are going to be removed, but a lot of
the oak trees and specimen trees are going to be preserved. She also presented the
subdivision's plan itself. She pointed out the proposed street and noted there are only
three lots — a 2-acre parcel, another 2-acre parcel, and a 4.65-acre parcel. She estimates
that Parcel 3 is probably unbuildable in this western area. That is the area where there
are some conservation easements and wetlands. She pointed out the City's drainage
ditch and the new drainage swale along the private road. The street stormwater will be
treated in this ditch, and there is a pipe in which overflow will be going into the City's ditch.
The swale/ditch is designed to take that water and treat it as it goes in. Once this
subdivision is constructed, building permits would need to be obtained for each one of the
individual lots. She pointed to the lot plans, and stated that the arrows on the drawing
show where the drainage would go, to an individual stormwater area on each lot.
Ms. Frazier identified herself and spoke regarding the flooding problem that was
mentioned. The City is very much aware of this issue. She pointed out part of the 4-1/2
acres that, for all intents and purposes, will probably never be built on. The City does not
own all the property in that area. There is a private piece of property that is attached to
County property. She pointed out an area where the City could make some
improvements.
Mr. Mills addressed the question of why this will be a subdivision. The owner of the
property intends on building a residence on a lot as well as his son on the second lot.
The 4.5-acre parcel that is also being included is really just to help absorb the
infrastructure that needs to be installed. He explained how the drainage would be
handled. As to the comments that revolved around traffic, there is a very low number of
trips on Laconia. He would be happy to look at some additional signage if that would
help. He added that it is hard for only three lots to be able to do any type of roadway
improvements, as that would be a financial burden. He will look at the requirements per
the City's code. If they are applicable, he can look further into that.
Mr. Alvarez closed the public input and asked for questions/comments from the
Commission members.
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7
MINUTES OF JULY 21, 2022
Ms. Battles --
She suggested adding a pro-rata-share requirement for building the section of
road. She asked for the city attorney to give the Commission some guidance as
to whether or not they have the ability to construct in the easement. Mr. Anon
stated he would have to look into that.
Ms. Bosworth stated that the motion should state that it is the recommendation to City
Council. The staff has recommended three conditions. She asked that they be included
in the motion. We could also add that the City look into the pro-rata-share requirement if
it is feasible to forward that to City Council. Also, the subject of additional traffic signage
could be included in the motion.
Mr. Alvarez called for a motion. A motion recommending that the Planning and Zoning
Commission find the Terra Estates Preliminary Plat to be consistent with the
Comprehensive Plan, the Code of Ordinances, and the Land Development Code of the
City, and that they forward their recommendation of approval to City Council with the
following conditions:
1. The subdivision's Final Plat must include dedication verbiage that allows the
City of Sebastian access over Tract A and the 25-foot ingress/egress easement
that is depicted on Parcel 3 in order to allow for maintenance activities of the City's
adjacent 40-foot -wide drainage ROW.
2. A School Capacity Availability Determination Letter (SCADL) is received from
the IRC School Board before construction begins.
3. An updated gopher tortoise survey is submitted with the land -clearing permit.
4. A pro-rata-share requirement regarding construction of Laconia Street be
added.
5. Additional traffic signage be added.
A motion approving the recommendation to City Council with the recommendations stated
above was made by Ms. Battles and seconded by Mr. Carter.
Roll Call
Ms.
Kinchen
-- Yes
Mr. Simmons — Yes
Ms.
Battles —
Yes
Mr. Alvarez -- Yes
Mr.
Lucier —
Yes
Mr. Carter -- Yes
Ms.
Jordan —
Yes
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 8
MINUTES OF JULY 21, 2022
Vote was 7-0 in favor. Motion passes.
VII. Unfinished Business -- None
Vill. New Business
A. Presentation by City Clerk — Resolution R-22-15 New Board & Committee
Procedures
Mr. Anon stated that he will make the presentation, since the City Clerk is acting as the
Recording Secretary this evening. He discussed a Power Point presentation of
Resolution R-22-15 New Board & Committee Procedures (SEE ATTACHED). He
reviewed and explained the resolution. He stated that either the City Clerk or he will be
attending board/committee meetings to provide training so the board/committee members
will know and familiarize themselves with some of the changes to the meeting agendas
as well as some changes to the board/committee requirements. He added how much the
City staff appreciate the work that the committee/board members do for the City.
B. August Planning and Zoning Commission Meetings
Ms. Bosworth stated that the scheduled meeting for August would be changed to August
11, which will be the RM-10 public hearing, an accessory structure review, and review of
the Capital Improvement Budget. All committee members agreed to this change.
IX. Adiourn
There being no further business, Mr. Alvarez adjourned the meeting at 6:54 p.m.
-22
jg
Date:
312020002090E RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
BK: 3292 PG: 1015, aAN2020 a:0a PM D DOCTAX PD $0.70
PBIWAR&1 aV ATID pbY V PN T(1:
LAW OPPI®aOPISAACTI9A aG9aa PA.
RSAODI�C@lVp
96aAatIA1t.FLmmA32"Blrala
NON-EXCLUSIVE ��Bjt OSASRESSANDEGRFSS
THIS NON-EXCLUSIVE MUTUAL CROSS kC=S INGRESSAND EGRESS EASEWNT
AGREEMENT("Agmement") dated as of the day ofAPRIL,2020by and between Gondar,
Stephen Zahn and Ursula Zahn ('Tamel Owner B') (Attached Exhibit C) to Gramec, Medea C.
Tmra and Chmice L. Terra, ('Parcel Owner A'j and each of their sucewaon and assigns,
(Attached Exhibit B) provides the following:
C rusideratin and Easement. For ands consideration of the aura of Ten Dollars
(SIO.00) and other good and valuable consideration, the receipt and afficieocy of which am
hereby anAvowledged, Parcel ownarB hereby goats, sells, and onveys a nor -exclusive easement
(the "Faserman to Parcel owner A, for purposes of ingress and egress, in, over, and amass the
real property mom particularly described in that oastem survey ad legal desorption attached
hereto and incorporated hereto as wit A ("Eesemat Arm j.
Basement Created. Panel owner A, its hehs, egmas, licensees, employees, mvdces,
successors, construction mews and contractors, records and assigns (collectively. "Pctmium"),
shall have the full right ofingress and egress, by pedestrian and/or vehicular means, and drainage
uses, in, over and across theEaseomet Ana in EXHIBITA, abjeat to the limitations, and on the
terms and conditions, set forth back. AND Further Parcel OwnerB, is heirs, agents, licenses,
employees, invitees, ncousors, construction cmws and contractors, tenants and assigns
(collectively, "Penmttees"I shall lave the full right of ingress and egmas, by pedestrian and/or
vehicular morns, and drainage uses, iR ova and across theEaseanmt Armin EXBTBITA, subject
to the limi atins, and on thetco s and cooditiom, set forhhemin.
3. Purpose of Easement. The purpose of this Easement it to gram a pemumeat easement right of
acres to and from the Easement Ame to the normal and subsequent owners of Both Parcel A and
BK: 3292PG: 1016
Parcel B its heirs, agents, licensees, employees, invitces, successor, construction emus and contractors,
tenants and assigns (collectively "permittees"). That said Easement Ater is intended to promote better
vehicular, access mod circulation to and from Parcel A and Parcel B and to satisfy any site plan
approval requirements of the City of Sebastian for the development of the subject Parcel A and Parcel
B.
4. Term of Fasement. The Fasement shall be perpetual and run with the properties
described herein and shall bind all present and future owners of Parcel A and Parcel B.
Use of Easement Area by Parcel A and Parcel B. The Parties (i) acknowledge and
anticipate that the Easement Area will be utilized by both Parcel A and Parcel B owners, its
Permittees, successors and assigns for vehicular and pedestrian traffic and emergency vehicles of
the city of Sebastian on the Easement Area.
Iry a_n45nence of Easement A. Parcel A and Parcel B owners shall be responsible
for all cost and expense, and maintain and keep the improvements, roads and landscaping located
on the property adjacent to their respective parcels and the Easement Area in good condition and
state of repair, provided that the Parcel Owners shall be responsible for and shall be required to
pay for any and all damages caused by their respective Permittees. Parcel Owners shall periodically
inspect, maintain, repair, and recontruct any improvements on the Easement Area to ensure the
safe, lawful and reasonable use of the Easement Area for its intended purpose.
Indemnity. Grantee, its successors and assigns, hereby covenants and agrees that it
shall indemnify and hold the Granmr, its successors and assigns, harmless from and against any
and all loss, liability, charge, cost or expense arising out ofthe use ofthe Easement Area by Grantee
or its Permittees or breach of this Agreement by Grantee or its successors and assigns, except far
matters arising from breach of this Agreement by Grantor, or the negligence or willful misconduct
of Grantor. Grantor, its successors and assign, hereby coversrtm and agrees that it shall indemnify
and hold the Grantee, its successors and assigns, harmless from and against any and all loss,
liability, charge, cost or expense arising out of the use of the Easement Area by Grantor or its
Permittees, or breach of this Agresement by Grantor or its successors and assigns, except for matters
arising from breach of this Agreement by Grantee.
Rights of Parcel Owne B. Parcel Owner B, its successors and assign, shall have
the right muse, and to grant others rights and casemenm over the Easement Area provided that
BK: 3292 PG: 1017
such use and/or rights do net urueacorably interfere with Parcel owner A's use of the Easement
Arse for the purposes provided herein.
Runnine Benefits and Burdens. All easements, covenants, terms, conditions, and
provisions of this Agreement shall extend to and be made binding upon the successors and assigns
of Parcel Owner B and the heirs, successors and assigns of Parcel Owner A as a covenant and
restriction running with the lend. It is intended that this instrument shall be recorded in the Public
Records of Indian River County, Florida, mid shell be binding upon the Parcel A and Parcel B
owners, all successors thereto, and future owners of the Basement Area.
10. Modification. This Agreement may not be terminated, =ended, modified, altered,
or changed in any respect whatsoever, except by a funkier agreement in writing duly executed by
the Parcel owners (or their respective successor(s) and/or assign(s)) and recorded in the Public
Records of Indian River County, Florida.
11. Coyeminn Lew. This instrument shall be construed in accordance with the laws of
the seats of Florida By execution of this instrument both Parcel owner B and Parcel owner A
acknowledge, and by acceptance of the easement created hereby that in the event of any dispute
arising under this instrument the sole venue for such dispute shall be Indian Rive County, Florida
12. Remedies and Fnforeearant In the event of failure of a defaulting Party to cure a
breach of this Agreement within thirty (30) days following written notice thereof by the non -
defaulting Patty (unless, with respect to any such breech the nature of which cannot reasonably be
cured within such 30-day period, the defaulting Party commences such cure wilbin such 30day
period and thereafter diligently prosecutes such cure to completion within no later than 90 days
after such written notice), the non-defulling Patty shall be entitled forthwith to full and adequate
relief by all available legal and equitable remedies from the consequences of such Meech, including
payment of any amounts actually incurred, specific performance and injunctive relief; provided,
however, M no event shall the non -defaulting Party be emitted to special, exemplary, consequential
or punitive damages as a result of such breach by the defaulting Party. In addition to all other
remedies available at law or in equity, the non -defaulting Party shall have the right to perform such
obligation contained in this Agreement on behalf of such defaulting Party and be reimbursed by
such defaulting Party upon demand for the ressomble costs thereof (which such demand shall
include reasonable backup documm otiun) together with interest at the prime rare charged from
BY-- 3292 PG: 1018
time to time by o known bank (its suaxssors or assigns) (not to exceed the maximum rate of
interest allowed by law). Notwithstanding the foregoing to the contrary, no breach under this
Agreement shall entitle any Party to cancel, rescind, or otherwise terminate this Agreement
13. Authority. Parcel Owner B hereby warrants that it bathe full power and authority
to grant the Eaement created by this Agreement.
14. Utilities, Parcel Owners shall at all times during the term hereof be responsible for
any respective utilities which serve the Parcel Owners land with improvements and/or the toad
constructed on the Easement Areas if applicable.
15. Miscetiammus Matters.
S. Counterparts. This Agreement may be executed in any number of
counterparts, any one said all of which shall constitute the agreement of the parties and each of
which shall be deemed an original.
b. Estoppel Certificates. Grantor and Grantee, within fifteen (15) days of its
receipt of a written request from the other party shall from time to time provide the requesting party
a certificate binding upon such party stating: (a) to the best of such party's knowledge, whether
any party to this Agreement is in default or violation of this Agreement and if an identifying such
default or violation; and (b) that this Agreement is in full force and effect and identifying any
amendments to this Agreement as of the date of such certificate.
C. Time of Essence. Time is of the essence under this Agreement.
d. Interpretation. The parries have participated fully in the negotiation and
preparation herm( including review by mutual for each, and accordingly, the parties agree rids
Agreement shall not be more strictly mnstrucd against either party.
e. Waiver of Default. The waiver of any breach or default under any of the
terms of this Agreement shall not be deemed nor shall the same constitute a waiver of any
subsequent breach or default.
f. No Dedication. This instrument is not intended to and does not grant
Any portion of the Easement Area to the general public nor does this instrument create any rights
in favor of the general public.
ffiG 3292 PG: 1019
g. Attorneys' Fees. In the event a party brings suit to enforce any provision
of this Agreement against the other party, the prevailing party shell be entitled to recover its coats
and expense (including, without limitation, reasonable attorneys' fees and the costs of services of
paralegals, legal assistants and/or law clerks at trial and appellate levels).
Notices. All notices required or permitted to be given hemundershall be
in writing and sent by overnight delivery service (such as Federal Express), in which case notice
shall be deemed given on the fast business day after the date sent, or by personal delivery, in which
case notice shell be deemed given on the date received, or by certified mail, in which use notice
shall be deemed given three (3) business days after the date sent, or by electronic mail (with copy
by overnight delivery service), in which case notice shall be deemed given on the date sent to the
appropriate address indicated below:
To Grantor: Stephen Zahn and Ursula Zahn
12955 W Ct.
Sebastian, FL 32958
Attention: Stephen Zahn
To Grantee: Charles L.Tero and Martin C. Terra
741 Sebastian Blvd, Suite 2
Sebastian, FL 32958
Attn: Martin C. Tern
With a copy to: Law Offrea of Marcos A. Rogers, P.A.
725 A Commerce Center Drive
Sebastian, FL 32958
Attention: Marcus A. Rogers
Upon at least ten (10) days written notice to the other party, each party shall be
entitled to change its address and add additional notice parties.
i. Further Assurances. Grantor and Grantee agree to execute any documents
or instruments reasonably ruluired by any mortgagee, governmental or quasi -governmental entity
to make the agreements set forth herein more effective for the purposes intended, including
entering into any utility easements necessary.
6K: 3292 PG: 1020
[Signatures on the following page)
Btc: 3292PG: toll
IN WITNESS WHEREOF, the Parties have caused this Non-Excluaive Ingress end Egmas
Easement Agreement to be executed eRective as of date written above
Signed, sealed and dglivered in our presence:
STEPHEN
J]7 I It'l
-... Name: S - HEN ZAHN
J U 146— Pemel caner B and Greater
r lnirii T- nwlor
STATE OF
COUNTYOFL QJ1fQ,(
The foregoing instrument was acknowledged before me dsi /! day of April, 2020 by -Stephen Zahn, a
monied man. He Elis personalty known to me or has produced i�l
identification. "1/,/r
AXanxA M. iAaAnxa
NoQ 110.I GG 9in
[Notary Seel] *U.. E" .A 1,no Notary Wbga
sAaaw way, wibw NolryAan
Printed Name:
My Commission Expires:
BK 3292 PG: 1022
IN WITNESS WHEREOF, the Parties have caused this Non -Exclusive Ingress and Egress
Easement Agreement to be executed effective as of date written above.
Signed, sealed and delivered in our presence:
URSULA
_ i tr By:_
Wit ess ame: Name: URSULA ZAHN
Pateel Owner B and Grantor
mress Ne o: ITsidRt_Tnuior
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of April, 2020 Ursula Zahn, a
married woman. He ❑ is personally known to me or hss produced ��_ � _ as
identification. AOLA�Pub
I[NorerySeel] arremm.s,m,.,ayttou is
emeaa uman wnm.i xmar a..
Printed Namc
My Commission Expires.
BK. 3292 M. 1023
IN WITNESS WHEREOF, the Parties have caused this Non -Exclusive Ingress and Egress
l3asemem Agreement to he executed effective as of date written above.
Slgned, sailed and delivered in our presence:
By: MARTIN C.
By;_Zl . G�
Neme: Mart. C. Term
Parcel Owner A and Grantee
e s
WIme69 N`�� ^1
1/ r i9/f:�' cb CCJJ
Wine Name: UM, Lticrry�
J
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before roe this day ofApril, 2020 by Martin C. T o He
❑ is personally known to me ar)lns produced as identification.
(Notary Seal) Public:
Painted Nnme: � ���o I
My Commission .yiu:.,
-..
,s nwnrda-sm.s!
rauxdeneuensv
I
Myfum�LgNnakbAIDn
BK.- 3292 PG: 1024
IN WITNESS WHEREOF, the Parties have caused this Non -Exclusive Ingess and Egress
Basement Agreement to be executed effective as of date written above.
Signed, sealed and delivered in our presence:
By: CHARLES L. TERRA
Nerve: E3 L. TERRA
Pe er A and Grantee
WitnesaN —+ Fafr; V
/B1lLu�( ifrAKw,t A4&
Nama:h� Ye ifwtY(CA.w"
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of April, 2020 by Charles L. Tene
He ❑ is personalty known tome or[has produced as identification.
iNotawy Sca1
A LLAYIStaIH
Nwry Ml ComMfwlun IMfG Issue
�I ee
MYCo-nm.tw n, Yebn.xou
312020002090E RECORDED IN THE RECORDS OF JEFFREY R SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
RK: 3292 PG: 1015, 4/13/2020 4:04 PM D DOCTAX PD SO.70
IAWO PCESOFMa6t Sr RA:
LAW C0hB1SOFMAACU9AROOERSP.A.
SErACOI .MORMA32959
�BASr1AN,nOamA3293B
NON-EXCLUSIVE MUTUALCROSS AC{'ESS INGRESS AND EGRESS
EASEMENT AGRE NT
THIS NON-EXCLUSIVE MUTUAL CROSS ACCESS INGRESS AND EGRESS EASEMENT
AGREEMENT ("Agreement') dated as ofthe �q4"day of APRIL,2020 by and between Grantor,
Stephen Zahn and Ursula Zahn ("Parcel Owner B') (Attached Exhibit C) to Grsnme, Martin C.
Terra and Charles L. Terra, ("Parcel Owner A'J and each of their successors and assigns,
(Attached Exhibit B) provides the following.
Consideration and Easement. For and in consideration of the sum of Teo Dollars
(S10.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Parcel owner B hereby grants, sells, and conveys a rim exclusive easement
(the "Easement") to Parcel owner A, for purposes of ingress and egress, in, over, and across the
real property mote particularly described in that certain survey and legal description attached
hereto and incorporated herein as Exhibit A ("Easement Area').
Easement Created. Parcel ownerA, its heirs, agents, licensees, employees, invitees,
successors, construction mews and contractors, tenants and assigns (collectively, "Petmittm 1,
shall have the full right of ingress and egress, by pedestrian and/or vehicular means, and drainage
uses, in, over and across the Easement Area in EXHIBIT A, subject to the limitations, and on the
terms and conditions, set forth herein. AND Further Parcel Owner B, its heirs, agents, licensees,
employees, invitees, successors, construction crews and contractors, tenants and assigns
(collectively, 'Termittees'% shag have the full right of ingress and egress, by pedestrian and/or
vehicular means, and drainage uses, in, over andamoss the Easement Area in E.XHIBITA, subject
to the limitations, and on the terms and conditions, set forth herein.
3. Pumose of Easement. The purpose of this Easement is to grant a permanent casement right of
access to and fmm the Easement Area to the current and subsequent owners of Both Parcel A and
BK: 3292 PG: 1017
such use and/or rights do not unreasonably interfere with Parcel owner A's use of the Easement
Area for the purposes provided herein.
9. Runnina Benefits and Borden. All easements, covenants, terms, conditions, and
previsions of this Agreement shall extend to and be made binding upon the successors and assigns
of Parcel Owner B and the heirs, successors and assigns of Parcel Owner A as a covenant and
restriction running with the land. It is intended that this instrument shall be recorded in the Public
Records of Indian River County, Florida, and shall be binding upon the Parcel A and Parcel B
owners, all successors thereto, and future owners of the Easement Area
10. Modification. This Agreement may not be terminated, amended, modified, altered,
or changed in any respect whatsoever, except by a father agreement in writing duly executed by
the Parcel owners (or their respective successor(s) and/or wsign(s)) and recorded in the Public
Records of Indian River County, Florida.
11. Governing Law. This instrument shall be construed in accordance with die laws of
the state of Florida By execution of this instrument both Parcel owner B and Parcel owner A
acknowledge, and by acceptance of the easement created hereby that in the event of any dispute
arising under this instrument the sole venue for such dispute shall be Indian River County, Florida.
12. Remedies and Enforcement In the event of failure of a defaulting Party to cure a
breach of [his Agreement within thirty (30) days following written notice thereof by the non -
defaulting Party (unless, with respect to any such breach the nature of which cannot reasonably be
cured within such 30-day period, the defaulting Party commences such cure within such 30day
period and thereafter diligently prosecutes such care to completion within no later than 90 days
after such written notice), the non -defaulting Party shall be entitled forthwith to full and adequate
relief by all available legal and equitable remedies from the consequences of such breach, including
payment of any amounts actually incurred, specific performance and injunctive relief; provided,
however, in no event shall the non -defaulting Party be entitled to special, exemplary, consequential
or punitive damages as a result of such breach by the defaulting Party. In addition to all other
remedies available at law or in equity, the non -defaulting Party shall have the right to perform such
obligation contained in this Agreement on behalf of such defaulting Party and be reimbursed by
such defaulting Party upon demand for the reasonable costs thereof (which such demand shall
include reasonable backup documentation) together with interest at the prime rate charged from
BK: 3292 PG: 1019
Attorneys' Fees. In the event a party brings suit to enforce any provision
of this Agreement against the other party, the prevailing party shall be entitled to recover its costs
and expenses (including, without limitation, reasonable attorneys' fees and the costs of services of
paralegals, legal assistants and/or law clerks at trial and appellate levels).
h. Notices. All notices required or permitted to be given hereunder shall be
in writing and sent by overnight delivery service (such as Federal Express), in which case notice
shall be deemed given on the first business day after the date sent, or by personal delivery, in which
case notice shall be deemed given on the date received, or by certified mail, in which case notice
shall be deemed given three (3) business days after the date sent, or by electronic mail (with copy
by overnight delivery service), in which case notice shall be deemed given on the date sent, to the
appropriate address indicated below:
To Grantor: Stephen Zahn and Ursula Zahn
12955 8111 Ct.
Sebastian, FL 32958
Attention: Stephen Zahn
To Grantee: Charles L.Term and Martin C. Terra
741 Sebastian Blvd, Suite 2
Sebastian, FL 32958
Attn: Martin C. Term
With a copy to: Law Offices of Marcus A. Rogers, P.A.
725 A Commerce Center Drive
Sebastian, FL 32958
Attention: Marcus A. Rogers
Upon at least ten (10) days written notice to the other party, each party shall be
entitled to change its address and add additional notice parties.
Further Assurances. Grantor and Grantee agree to execute arty documents
or instruments reasonably required by any mortgagee, governmental or quasi -governmental entity
to make the agreements set forth herein more effective for the purposes intended, including
entering into any utility easements necessary.
BK: 3292 PG: 1021
IN WITNESS WHEREOF, the Parties have caused this Non -Exclusive Ingress and Egress
Easement Agreement to be executed effective as of date written above.
Signed, sealed and d9livemd in our presence:
M 11"er
n'idi LTaylor
STATEOF L
COUNTY OF I m2,i 2r
STEPHEN ZA
Name: SOPHEN ZAHN
ParcellOwner B and Grantor
The foregoing instrument was acknowledged before me Uli 0 day of April, 2020 by -Stephen Zahn, a
married man. He El personally known to me or has produced'I 1 1] as
identification.
yW^'�a, ANGaxpM rAalMx[R
Notary Puaxe 91a1e or rbBe
[NalarySeel] ��i Commlulm/GG 19991}
grvf MY Came. Eagm 4q l,IDU�
BaWeEIMvgA xalimal NmaryAvn
v = VL'VVvt 6f I
Notary Public:
Printed Name:
My Commission Expires:
r
BK 3292 PG: 1023
IN WITNESS WHEREOF, the Parties have caused this Non -Exclusive Ingress and Egress
Easement Agreement to be executed effective as of date written above.
Signed, sealed and delivered in our presence:
By: MARTIN C
By: �C.
el
Name: Martin C. Term
Parcel Owner A and Grantee
Wtractser A If Rtre r /li!i�
Wime Name: MG PP15'
STATE OF FLORIDA
COUNTY OF INDIAN RIVER //yy
The foregoing instrument was acknowledged before me this 0t day of April, 2020 by Martin C. Term. He
❑ is personally known tome or0l aw produced �[ _ _ as identification.
[Notary Seal] om Public:
Printed Name:���
My Commission y..
�: � xNery Ndk-Suletlflpib
CvnmkJcny G4199]5a
��>:iJ Vyrumm LM,6hb B.PII,
BY-- 3292 PG: 1025
/ EXH115IT A AW"W E°�°°N'
WUT PORTON or Mr
° l a u+rs"As;TIAN . -- OLLOCI( 33, '" I' I "� I I I I I I NOR�6i aowR�ROtu a oCnon
I I 1LMe iorT o<AI S I S l g l o l o f i�� I MuWNSVIFi1 SCUM, RANCEND T
__L_—i_�__P.-_1_J__L_1 J7i --I Or MrSESASTAN=
OKANA-- mR9M URa ` XNAff ePT["nt-e--------LE, jF— LANDS FLOOVsMATELL;Y�ic ARDB
LOT 2 III N NIMN RNLR Gc . FLORIDA.
I---.1 HOM PARTMI.ARLY M&ORMO As
I I Fa s.
�T CCC I AT n2 SoUTN05T
(� 01 --LOT 3 —I U ocP OF ME sccMi&sT
$g LOT 4 1 QUARTER or TER NORMEAST
(7 V I QWRTR or SAW SCORCH YW
N r---I rnWWE TO TEE NORM INr Or
-------------=-1 I LOT 5 j Mn CRRWRM
MIRICT�pOiT f AY NORTH
----------- W i _— M cP EAST. AL0110 11C EAST
LW OF M ME
< LOT�p 6 I oILARTER OI' THE N MANGEM A OF lC
i tl1]� 1 PELT om
TOTo ME POW or UG?* NL,
am SAW NORM R.YAR
of WAY x/y\\ N n N 3� qJ MT.. TOUA Pp�R io ]W WE57
I OP SAW EAST LP[. A NSTAN.E
oP wo3 FEM MENGE To ME
4p \ O IG' 3-I NORM us or SAW SOUMEAST
ST
•pp CVAO Of 11¢XRt4WT
2 _ I] 6 I PA
M a TO SA CAST 4 EAST.
-I ZT,14, TO S1Q EAST IP, A
\\\ �4Q\qq����� ?@T \ I LOT 101 TNCIGR To sAv CAST u
\\ ta'o-P�°=xORm NAA Usiu or
LOT 11 1 40 PERT. MENEC To SAW
oo�w MT, am sRv
LOT 121 PAST !IE A QSTUWE Or
\ \ \ J1 LOT 13 oaVTYNG LOe A,REs PORE OR
\\ N \\ ; LOT 141
N0024'24E 350AB' POO PONT a [aPWEOWe
\ O�q{p pR
\ <---'JS'1[7i SSG SWA45rNlY
H41'22'31W 60.03' \\ '\ \2` (p,pCN NE NXR¢65T
559•M]OL 40m1 \\ \ P.04/:' I LOT 1 I M. Faro
LSO024'29W UG821' \ \. I EW:1NJ cn falYnR roNipf
—� 1 I WAYM WAY
Iln MI]E®
(� 6H WNR,V" QoCARP.O.G.
AF L) 'GIK V4 Of M M RST 7A I K Vi M M
Mi K Vi �SMETON & A QRYET.
14TNVRWY LlID BORVQYWPQ WC,
Cx1�CA"n�pvM iMtlII1� Ili@ D�i]Gl
PNONS
TYs 3MVM6 K0 fR16 IIG[R AYc M! VNN eye ei. aM. O.u�
VII.Otf M OIXiNK IJID Wv.WL MWm S[u
6.T f1IIVON LR1149 iV.VEIIW NIY NVIIX vm0 l�vOi a -a.. e� .� Y
EelM4iiCwem r YU /
4
BBs 3292 PG: 1027
l EXHINT
I �I�I sl �I �IaI�IPtin_AaiaRO-" D01ac`A"0av�l"I^ICI �
L°i9—LSL i 1aJaLmey'_JD*°i�1°L°1°J_°j
_T.! mT OF WAY
T- ----eaten-u<a,C4siRaMhtfr---------- 7
I L-1 L 3
Pm KOMAG NDO'24'29T 17O.OW NT03'22'21w 3T3.49'
FOG FBDmv a �W1�Q.T 1='31w 0003' N573.3omw ls=' PARCEL A
N412 31w 448.n' LL500.24'29w B13.34'
Flo. FO1D N93'3221w G20.14'
\\ en eaDmenwrFm 589D44'10'E 1.183.90' j
I �G �5
B PARCEL
` \ 4rl
W, J
.earn n imei rruxr.vea \♦ �°Pq� C i
TMTMZ WR TT a DP A'T T OF
OFsccm�N 1°sc ♦\\\ � . \A i
TOWILSMP 31 soO WRX6[ 38 UST. LR NORTH
AW EAST OF M BLBASIlW W FLOODWAT V'
PJDM-OP-NAY, SAO LAWS Pi1LST(. LYNO AIA B91O N \\
MOFLMan RMR O4MNA. FLORo4.
PARFGLLARLY DCSLFBCD As FOLLOWS ♦� 4\ �1.
fl. 9T
xo 44F8
II03 4PAV➢G .V9 0853 FIORS /Fl l9i V.WO
VRDMYFnLmn9WOOD 0umm W.1 rta.
390 4iOf ALE Sk LBr
LOT 2
LOT 3
LOT 4
LOT 5
LOT 6
SLOT 1C
LOT 11
L--_
LOT 12
LOT 13
LOT 14
I
LOT 1 I
�I_\_ _ :u ox iia inl-�
iea"suax
_ .SIfLTCM 6 HO
ADGk
a.
MYMII18l' I.AtID SURVLYMD SiO. -
4
uMn@
TW0n
Z
o
(ny
701#
�
Iro�n..waL..4.m r- I
RESOLUTION NO. R-22-15
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING R-I2-38 IN ITS ENTIRETY;
CREATING NEW BOARD CATEGORIES AND PROCEDURES;
PROVIDING FOR MEETING START TIME AND END TIMES FOR
ALL CITY BOARDS AND COMMITTEES; PROVIDING FOR A
STANDARD AGENDA FORMAT; PROVIDING FOR PROCEDURES
FOR PUBLIC INPUT AND PUBLIC HEARINGS; PROVIDING FOR
USE OF ROBERTS RULES OF ORDER AS A GENERAL
GUIDELINE; PROVIDING FOR CONFLICTS; PROVIDING FOR
SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Sebastian. Indian River County, Florida, is a municipal
corporation duly created and existing pursuant to the Constitution and laws of the State of
Florida; and
WHEREAS, the City Council desires to update the procedures for board and
committee meetings in the Code of Ordinances; and
WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida,
believes it to be in the best interest to provide clear direction to its appointed Boards and Committees
by approving a standard meeting time; meeting and public input guidelines, and agenda formal to be
used to provide for successful Board and Committee meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS:
SECTION 1. BOARD AND COMMITTEE MEETING TIME. City Board and
Committee meetings shall begin no later than 6:00 p.m. and shall adjourn at 9:30 p.m. unless
extended for not more than 30 additional minutes by a majority vote of members present. All
unfinished business at adjournment shall be carried to the next meeting.
SECTION 2. ROBERTS RULES OF ORDER ADOPTED. City Boards and Committees
will follow the current edition of Robert's Rules of Order Newly Revised as a general guideline in
the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of
any action taken.
SECTION 3. THE CHAIR. The Chair may make a motion, second a motion or participate
in discussion without relinquishing the chair. All matters uo throuah the Chair. Members of the
Board or Committee have the exclusive right to raise questions of procedure or points of order to the
Chair and have the Chair rule on the procedure or point of order. Any member of the Board or
Committee may appeal the decision of the Chair to the Board and theresult shall be determined by
majority vote.
SECTION 4. BOARDS, AGENDA FORMAT AND GUIDELINES FOR MEETINGS.
There shall be three (3) types of City of Sebastian Boards:
A. Category I: These are Judicial or financial in nature and are there to advise or
recommend to City Council or staff on a specific item brought before it per the Code.
1. BOA, LPA, Construction, Police Pension and Planning & Zoning Boards fall
under Category 1.
2. The amended Agenda will reflect that these boards do not have a separate section
related to Public Input on non -agenda matters, Commission Matters or Next Agenda. However, the
public can bring up issues related to a specific item that is related to the Boards' purview to a
commissioner to be considered for placement on the next agenda by consensus of the Board and any
comment on matters before the Board.
B. Category 2: These are fact finding and public representation to advise City Council.
'these boards do not implement politics. Subcommittees may be formed under this category and
shall follow the same agenda format.
1. Charter Review, Natural Resources. Budget Review, Parks & Recreation and
Veteran's Boards fall under Category 2.
2. The amended Agenda will reflect Public Input; but, no Commission Matters or
Next Agenda.
C. Category 3: These are Ad hoc or temporary committees created on an "as need" basis by
City Council and their function and authority is defined at the time of its creation. Subcommittees
may be formed under this category and shall follow the same agenda format.
1. Citizens Advisory Task Force, i.e., Centennial Task Force falls under Category 3.
2. The amended Agenda as needed when created by City Council.
The general formal and guidelines for City meeting agendas shall be generally in the form
attached hereto as Exhibit "A".
SECTION 5. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-
JUDICIAL) Order for public hearings (other dran quasi judicial procedural which are established
by Ciry Council Resolution No. R-20-35) before City boards and committees:
A. Order of Business:
*Chair announces opening ojthe hearing.
"Cl(v Atrorney reads the title
*Chair announces rides that apply to the hearing.
"Applicant presentation.
*Staff presentadon, comments and preliminmp recommendation.
*Public hrput.
*Stq(ffrnal summary and recommendation,
*Chair closes hearing.
*Board deliberation and aclion.
B. Continuance of Public Fluorine. The Board or Committee may continue a public
hearing unless a continuance would violate applicable law. A public hearing may be continued to a
time certain stated in the record, or a continuance may be indefinite, in which case it shall be re-
noticed. The Board or Committee may defer action on a matter and continue the public hearing for
receipt of written comments on the matter.
SECTION 6. PROCEDURES FOR PUBLIC INPUT.
A. Procedures for Public Input.
1. Time Limit. Individuals who wish to address the Board or Committee on any
agenda items for which official action is to be taken (typically items listed under
public hearings, new business and unfinished business) are allowed five minutes to
speak on that item, however, the Board or Committee may extend or terminate an
individual's time by majority vote of members present.
2. Input Directed to Chair. Speakers shall address the Board or Committee
immediately prior to deliberation of the agenda item and all input shall be directed to
the Chair, unless answering a question of a member of the Board or Committee or
City staff. Individuals shall not address the Board or Committee after commencement
of deliberation on an agenda item after public input has concluded, provided,
however, the Chair and any member of the Board or Committee may call upon an
individual to provide additional input if desired.
3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks,
political campaigning and applauding are not permitted and may result in sanctions
imposed by the Chair including expulsion from the meeting. Decisions by the Chair
maybe appealed in accordance with Section 2 above.
C. Public Input. The heading on Regular Meeting agendas "Public Input" provides an
opportunity for individuals to bring new information or requests to the Board or Committee
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 the Board
or Committee one week prior to the meeting if they intend to refer to specific material. The
Board or Committee will not debate an issue during Public Input but may decide by
consensus to place a requested item on a future agenda.
SECTION 7. RULES AS GUIDELINES. It is intended that the roles set forth in this
Resolution provide a guideline for the effective operation of the business meetings of City Boards
and Committees, and no rights we bestowed upon any parties by the adoption of these rules or by
Board or Committee failure to act in accordance with them.
A. Suspension of Rules. Any provisions of this Resolution, in whole or part, may be
suspended by the affirmative vote of at least a majority of the members present.
B. Failure to Follow Rules. If a Board or Committee fails to abide by any provision of this
Resolution, such failure shall not invalidate action taken by the Board or Committee.
SECTION S. CONFLICT. All resolutions or pans of resolutions in conflict herewith are
hereby repealed.
SECTION 9. 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 the need of public hearing,
by filing a corrected or re -codified copy of same with the City Clerk.
SECTION 10. EFFECTIVE DATE. This Resolution shall take effect upon its adoption.
The foregoing Resolution was passed for adoption by Council Member nodd
was seconded by Council Member Nunn , and upon being put to a vote, the vote was as
follows:
Mayor Jim Hill absent
Vice Mayor Fred Jones aye
Council Member Ed Dodd aye
Council Member Chris Nunn aye
Council Member Bob MCPenlen aye
The Mayor thereupon declared this Resolution duly passel and adopted this 2211d day of
June .2022.
CITY OF SEBASTIAN, FLORIDA
By: Vice Mayor Fred Jones
for Jim Hill, Mayor
ATTEST:
1A'Gl-Lu. ��-�✓1
cite Williams. MMC —
ity Clerk
Approved as to Form and Content for
Reliance by the City of SC7tian Only:
y Al oomey
EXHIBIT "A"
SEBASTIAN BOARD AND COMMITTEE
JUDICIAL/FINANCIAL COMMITTEE AGENDA FORMAT
AND GUIDELINES *
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. AGENDA MODIFICATIONS
blodircations and additions require unanimous rote of'members. Deletions do not apply.
S. PUBLIC HEARINGS (does not apply to all boards)
*Chair shall announce the opening o(the public hearing
*City Attorney shall read the Ordinance or Resolution !m tide unless applicable law requires
more than the tide be read
*.9pplicant presentation, if appropriate
*Cih• stajfshall make a presentation, continents and preliminan, recommendation, if any
*Public input Or or against)
*City stq fffinal summary and recommendation, iJ am
*Chair closes hearing.
*Board Deliberation and Action
6. UNFINISHED BUSINESS
7. NEW BUSINESS
ADJOURN
*Any provisions of this Resolution mtn, be suspended kv the ajf rmativc vote of'ar least a majority of
members present.
SEBASTIAN BOARD AND COMMITTEE
FACT FINDING/AD HOC AGENDA FORMAT
AND GUIDELINES
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. AGENDA MODIFICATIONS
Modifications and additions require unanimous irate of members. Deletions do not
apply.
5. PUBLIC INPUT
public Input on items other than on the printed agenda, is five minutes, hown ar, it can
be extended or terminated by a majority vote of members present
6. UNFINISHED BUSINESS
7. NEW BUSINESS
8. ADJOURN
*Anv provisions of this Resolution may be suspended by the afirmatisT vote of at least a
majority o(members present.
6
7/21/2022
Ip!IIIXRIKAXIfLND
City of Sebastian
Board and Committee
Meeting Revisions
Resolution No. R-22-15 Adopted by
Sebastian City Council
June 22, 2022
Tonight's Agenda
You will notice that the agenda has been
modified to conform with the new Agenda
Format mandated by Section 4 — Meeting
Category 1 of the City Resolution.
Your meetings are very task specific to
planning & zoning matters whereby you are
reviewing matters before you and making
recommendations to City Council on
specific agenda items.
7/21/2022
There is no general public input.
i>Public input should always be requested before taking
any action on agenda items.
)w If a citizen would like to bring up a non -agenda item,
they should contact the staff liaison during the day to
discuss the matter and if appropriate, the liaison will
add the item to the next agenda.
There is no Commission Matters.
If aboard member would like to bring up a non -
agenda item, they too should contact the staff liaison
who will determine if the item should be on the next
agenda.
iAlso, they can contact their Council Member
Some of the other important changes adopted by City
Council include:
%Providing a definition for resident
Requiring all board members to be a resident for one
year priorto application
Require alternate to attend all meetings to help keep
the momentum of the board's projects and ensure
quorum
Some of the other items remain the same:
I- Robert's Rule apply
i Chair controls the gavel and the meeting. All matters
go through the chair
7/21/2022
The City is fortunate to have each and every
one of you serving on the board.
Thank you for giving your time to the
community.
Questions?