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SESTLA
a.—
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
REGULAR MEETING
MINUTES
WEDNESDAY, DECEMBER 14, 2022 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
I. Mayor Jones called the Regular City Council meeting to order at 6:00 p.m.
2. Council Member Dodd said that Sebastian lost a favored son last week with the passing
of Bill Simmons. Mr. Simmons served with him on the Planning and Zoning Commission
as well as a Community Policing Volunteer for a number of years. He asked that Mr.
Simmons and his family be thought of in their moment of silence.
3. Council Member Dixon led the Pledge of Allegiance.
4. ROLL CALL
Mayor Fred Jones
Vice Mayor Chris Nunn
Council Member Kelly Dixon
Council Member Ed Dodd
Council Member Bob McPartlan
Staff Present:
City Manager Paul Carlisle
City Attorney Manny Anon, Jr.
City Clerk Jeanette Williams
Leisure Services Director Brian Benton
Community Development Director Lisa Frazier
Community Development Manager Dom Bosworth
Administrative Services Director/CFO Ken Killgore
Asst. Administrative Services Director Cindy Watson
City Engineer/Public Works Director Karen Miller
Airport Manager Jeff Sabo
Deputy Police Chief Greg Witt
S. AGENDA MODIFICATIONS - None
6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS
Brie(Announcements:
December 16 — Sebastian's COPE Unit Movie Night Out — "Elf" at the Twin Piers — 5pm
Regular City Council Meeting
December 14, 2022
Page 2
December 16, 17, 18 — "Winter Wonderland Event Riverview Park:
Friday 6:OOpm
Saturday 9:30am - 6pm
Sunday I0am - 4pm
December 17— Wreaths Across America Ceremony at Veterans Memorial Park —noon
December 13 & 16 City Hall will be closed for the Christmas holiday
Vice Mayor Nunn announced the upcoming events and invited the public to help lay the
wreaths at 10:30 a.m. at the cemetery prior to the ceremony on December 17.
PUBLIC INPUT
John Norris, 566 Cross Creek Circle, suggested that they should all get together and make
a bid to buy the Sembler property on Indian River Drive to protect the waterfront and its
ambience.
Terry McGinn, Miller Drive, said John Biedler, the district director for Indian River
Mosquito Control for many years, is critically ill and asked the community to keep him
and his family in their thoughts and prayers.
Abigail Sullivan said she was excited to see what will happen in the City with the advent
of the new council.
Sarah Carlson said she spoke a few weeks ago regarding her property flooding from the
newer home built next to her at a higher elevation. On Channel 5 news this evening,
there was a segment with the same situation happening in Martin County and the builder
was being held accountable instead of what she has been advised to do, which is to sue
the homeowner next door. She asked for clarification on the disparity and if there were
further steps that can be taken in her case.
Grace Reed, Sebastian, said Saturday's Christmas Parade was awesome and suggested
that trash cans be placed at certain points on Indian River Drive for future parades.
Ms. Reed said she has seen a lot of negative comments on social media regarding the
upcoming cost of replacing the decorative pavers when U.S. 1 will be resurfaced and
asked if bricks or stamped concrete might be considered to lower costs.
She also suggested that financial items on the consent agenda be introduced prior to
approval for the benefit of the public so they understand what their tax money is buying.
Bill Flynn, Main Street, asked Council to consider having the City maintain the culverts
instead of the homeowners so the drainage would work better.
Andrea Ring, Quarry Lane, said she too, would like to see the Sembler property
purchased to preserve the waterfront.
Regular City Council Meeting
December 14, 2022
Page 3
She also said she would like the City to require Indian River County to approve EPA
systems when it comes to water and sewer.
8. CONSENT AGENDA
A. Approval of Minutes — November 21, 2022 Regular Meeting
22.191 B. Approve the Repair of the Stormwater Department's 2016 Vacuum Truck by
Southern Sewer Equipment Sales as Quoted for $17,105.87 (Transmittal, Quote,
Certificate, Letter)
22.192 C. Approve the Purchase of One (1) John Deere 450K XLT Bulldozer in the Amount
of $136,976 using the Florida Sheriff's Contract #FSA20-EQU18.0 for the
Stormwater Department and Authorize the City Manager to Execute the
Appropriate Documents (Transmittal, Quotes, Contract Documents)
22.193 D. Approve the Purchase of One (1) 2022 FORD F250 Regular Cab Pickup Truck
with a Knapheide 8' SRW Service Body in the Amount of $46,607.40 from Using
the Charlotte County Contract #2021000541 for the Public Facilities Department
and Authorize the City Manager to Execute the Appropriate Documents
(Transmittal, Estimate, Contract)
22.194 E. Approve Alcoholic Beverages for the Peralta Family Event at the Community
Center on January 8, 2023 from 3:00 p.m. to 8:00 p.m. — Permittee DOB Verified
(Transmittal, Application, Receipt)
22,195 F. Approve Alcoholic Beverages for the Andrade Family Event at the Community
Center on January 14, 2023 from 4:00 p.m. to 10:00 p.m. — Pennittee DOB
Verified (Transmittal, Application, Receipt)
22.196 G. Approve Alcoholic Beverages for the Moesch Family Event at the Community
Center on February 4, 2023 from 12:00 p.m. to 4:00 p.m. — Petmittee DOB
Verified (Transmittal, Application, Receipt)
Council Member Dodd asked to pull Item C.
MOTION by Council Member McPartlan and SECOND by Vice Mayor Nunn to approve
Consent Agenda Items A, B, D, E, F, and G.
Roll call: Vice Mayor Nunn - aye
Council Member Dixon - aye
Council Member Dodd - aye
Council Member MCPertlan - aye
Mayor Jones - aye
Motion carried. 5-0
Regular City Council Meeting
December 14, 2022
Page 4
Item C - John Deere 450K XLT Bulldozer for Stonnwater Department
Council Member Dodd explained that all items on the consent agenda are in budget and
vetted and asked the City Manager to explain the necessity of the bulldozer purchase.
The City Manager said this machinery that will go to the bottom of ditches to clean them
out and push the debris to the end for removal; it helps to improve drainage.
MOTION by Council Member Dodd and SECOND by Council Member Dixon to
approve consent agenda item C passed with a unanimous voice vote. (5-0)
9. COMMITTEE REPORTS & APPOINTMENTS
22.034 A. Planning and Zoning Commission (Transmittal, Application, Oct 12 Transmittal,
R-12-38)
i. Consider New Appointee. Dennis Haddix's Tenn
MOTION by Mayor Jones to waive the advertising requirement to fill the expired term of
recently appointed Dennis Haddix and allow him to serve a full term on the Planning and
Zoning Commission. It was SECONDED by Council Member Dodd and passed with a
unanimous voice vote. (5-0)
10. PUBLIC HEARINGS
22.098 A. Remove from the Table - Second Reading/Public Hearing of Ordinance No. 0-
22-07 Petition for Volumary Annexation— Graves Brothers Companv
(Transmittal. Survev. Ex. la & lb. Attachment A)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR
THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 2044.3 ACRES,
MORE OR LESS, LOCATED SOUTH OF THE NORTH BOUNDARY OF COUNTY
ROAD 510 ROW, WEST OF LANDS ADJACENT TO THE 74r" AVE ROW, NORTH
OF 697" STREET ROW, AND EAST OF 90rn AVE ROW; PROVIDING FOR THE
EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF;
PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION;
PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to remove
Ordinance No. 0-22-07 from the table.
Roll call: Council Member McPartlan -aye
Mayor Jones - aye
Vice Mayor Nunn - aye
Council Member Dixon - aye
Council Member Dodd - aye
Regular City Council Meeting
December 14, 2022
Page 5
Motion carried. 5-0
Mayor Jones opened the hearing at 6:23 p.m. MOTION by Council Member Dodd and
SECOND by Mayor Jones to continue the public hearing of Ordinance 0-22-07 to the
February 8, 2023 City Council meeting.
The City Manager stated that he anticipated having the annexation agreement a couple of
weeks ahead of February 81'.
Roll call: Mayor Jones
- aye
Vice Mayor Nunn
- aye
Council Member Dixon
- aye
Council Member Dodd
- aye
Council Member McPartlan
- aye
Motion carried. 5-0
22.098 B. Second Readine and Public Hearing of Ordinance No. 0-22-13 - Recuest for
Comnrehensive Plan Future Land Use Mao and Text Amendment — Graves
Brothers Comnanv (Transmittal. 0-22-13. Staff Report. Justification Statement.
P&Z Minutes)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE
COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP BY
ESTABLISHING A LAND USE CLASSIFICATION OF MU (MIXED USE) FOR
ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF AG-1
(AGRICULTURAL) ON PROPERTY CONSISTING OF 1913.6 ACRES, MORE OR
LESS, LOCATED SOUTH OF COUNTY ROAD 510, WEST OF LANDS ADJACENT
TO 74r", AVENUE, NORTH OF 69ru STREET, AND EAST OF 90 AVENUE;
AMENDING THE LAND USE ELEMENT WITH SITE SPECIFIC POLICIES;
AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABB,ITY/INTERPRETATION; PROVIDING
FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND
PROVIDING AN ADOPTION SCHEDULE.
Mayor Jones opened the public hearing at 6:16 p.m. MOTION by Council Member
Dodd and SECOND by Vice Mayor Nunn to continue the second reading of Ordinance
0-22-13 to the February 8, 2023 City Council meeting.
Roll call: Vice Mayor Nunn - aye
Council Member Dixon - aye
Council Member Dodd - aye
Council Member McPartlan - aye
Mayor Jones -aye
Motion carried. 5-0
22.144 C. Second Reading and Public Hearine of Ordinance No. 0-22-14 — Petition for
Voluntary Annexation — Man CavesQSebastian. 11355 Old Dixie Hiehway.
Sebastian (Transmittal. 0-22-14. Ex. 1. Attachment A)
Regular City Council Meeting
December 14, 2022
Page 6
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR
THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 4.56 ACRES,
MORE OR LESS, LOCATED SOUTH AND EAST OF VACANT PROPERTY, WEST
OF OLD DIXIE HWY AND FEC RIGHT OF WAY, AND NORTH OF MULTIPLE
FAMILY RESIDENTIAL DEVELOPMENT; PROVIDING FOR THE EXTENSION
OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR
PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR
SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Jones opened the hearing at 6:27 p.m. and the City Attorney read the title to
Ordinance No. 0-22-14.
The City Manager advised this was the second reading and the only change since the first
reading was to add the language of the 25 foot of right of way on the conceptual site plan
for the expansion of Old Dixie Hwy.
There was no public input and Mayor Jones closed the public hearing.
MOTION by Council Member McPartlan and SECOND by Council Member Dixon to
approve Ordinance No. 0-22-14 passed with a unanimous voice vote. (5-0)
22.144 D. Second Reading and Public Hearing of Ordinance No. 0-22-15 — Request for
Small Scale Comprehensive Plan Future Land Use Man Amendment — Man
Caves(n7$ebastian, 11355 Old Dixie Highway. Sebastian (Transmittal. 0-22-15,
Staff Reoort. PZ/LPA Minutes)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A
SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND
USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF CG-GENERAL
COMMERCIAL FOR LAND WITH A CURRENT LAND USE DESIGNATION OF L-
2 (LOW DENSITY RESIDENTIAL) FOR LAND CONSISTING OF 4.56 ACRES
MORE OR LESS, LOCATED SOUTH AND EAST OF SPIRIT OF SEBASTIAN PUD,
WEST OF OLD DIXIE HWY AND FEC RIGHT OF WAY, AND NORTH OF
MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT, AUTHORIZING FINDINGS
AND ADMINISTRATIVE ACTIONS, PROVIDING FOR CONFLICTS, PROVIDING
FOR SEVERABBdTY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING
FOR AN EFFECTIVE DATE, AND PROVIDING FOR AN ADOPTION SCHEDULE.
The City Attorney read the title of Ordinance No. 0-22-15 and Mayor Jones opened the
public hearing at 6:30 p.m.
The City Manager said the applicant was requesting the property be rezoned to
commercial which is compatible with the surrounding area.
There was no public input and Mayor Jones closed the public hearing.
Regular City Council Meeting
December 14, 2022
Page 7
MOTION by Vice Mayor Nunn and SECOND by Vice Mayor Jones to approve
Ordinance No. 0-22-15.
Roll call: Council Member Dodd - aye
Council Member McPartlan - aye
Mayor Jones - aye
Vice Mayor Nunn - aye
Council Member Dixon - aye
Motion carried. 5-0
22.144 E. Second Reading and Ouasi-Judicial Public Hearin of Ordinance No. 0-22-16 —
.Reauest for Rezoning — ManCaves(aSebastian. 11355 Old Dixie Hiehway.
Sebastian (Transmittal. 0-22-16. Staff Report)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A
ZONING CLASSIFICATION OF CQ (COMMERCIAL GENERAL) WITH CURRENT
ZONING DESIGNATIONS OF RM-6 (MULTI -FAMILY RESIDENTIAL DISTRICT, 6
UNITS/ACRE), FOR LAND CONSISTING OF 4.56 ACRES, MORE OR LESS,
LOCATED SOUTH AND EAST OF SPIRIT OF SEBASTIAN PUD, WEST OF OLD
DDUE HWY AND FEC RIGHT OF WAY, AND NORTH OF MULTIPLE FAMILY
RESIDENTIAL DEVELOPMENT, PROVIDING FOR CONFLICTS, PROVIDING
FOR SEVERABILITY, PROVIDING FOR SCRIVENER'S ERRORS, AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the title to Ordinance No. 0-22-16 and Mayor Jones opened the
public hearing at 6:32 p.m.
There were no ex parte communications to disclose by the Council Members and the City
Clerk swore in those who were to provide testimony.
Herb Green, Project Manager, CADjazz Engineering, said the applicant was excited to
move forward and requested approval.
The Community Development Director advised that staff supported the project's
placement and value in the community and asked for approval.
Council Member Dodd said now that the property in the City, the applicant might want to
clean up the property a little bit.
There was no one to speak in favor or against the request.
MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to approve
Ordinance No. 0-22-16 passed with a unanimous voice vote. (5-0)
11. UNFINISHED BUSINESS - None
Regular City Council Meeting
December 14, 2022
Page 8
12. NEW BUSINESS
22.197 A. First Reading of Ordinance No. 0-23-01 — Petition for Voluntary Annexation a
40.23 Acre Parcel Located at 8925 86a' Avenue — Set Second Reading and Public
Hearing for April 12.2023 (Transmittal. 0-23-01. Ex. 1. Attachment A)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR
THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 40.23 ACRES,
MORE OR LESS, LOCATED SOUTH SEBASTIAN RIVER LANDING, EAST OF
VACANT PROPERTY, WEST AND NORTH OF SINGLE FAMILY
DEVELOPMENT; PROVIDING FOR THE EXTENSION OF THE CORPORATE
LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE
AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS;
PROVIDING FOR CONFLICT AND SEVERABILrrY; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read the title to Ordinance No. 0-23-10
Rebecca Grohall, NOV Engineering, representing the applicant, thanked staff for their
assistance in the application process and requested approval.
Grace Reed, Sebastian, said she supported this as it will expand the tax base and be "a
positive" for the City.
MOTION by Vice Mayor Nunn and SECOND by Council Member McPartlan to pass
Ordinance No. 0-23-01 on first reading and set the second reading and public hearing for
April 12, 2023 passed with a unanimous voice vote. (5-0)
22.198 B. Review Resolution No. R-21-32 City Council Meeting Procedures (Transmittal.
R-21-321
It was the consensus of Council not to make any changes at this time.
22.199 C. Consider Joining the Florida League of Mavors (Transmittal. Info. Meeting
Schedule)
It was the consensus of Council not to join the League of Mayors at this time.
13. CITY ATTORNEY MATTERS
22.092 A. Indian River Countv Public Schools Citizen Oversight Advisory Committee
Memo
The City Attorney said he was advised by Ryan Sweeney, Indian River County Chief of
Current Development that elected officials cannot sit on the Citizens Oversight
Committee. It was noted that the City Clerk is advertising for a citizen appointee.
Regular City Council Meeting
December 14, 2022
Page 9
22.189 B. Limiting the Number of Political Sims on City Prouertv During Earlv Voting
(Memo. F.S.102.031. Code Sec. 54-3-16.5.0-16-05. Contract)
The City Attorney cited F.S.102.031(4) (e) "The owner, operator, or lessee of the
property on which a polling place or an early voting site is located, or an agent or
employee thereof, may not prohibit the solicitation of voters by a candidate or a
candidate's designee outside of the no -solicitation zone during polling hours." He
advised that the signs are considered the solicitation of a vote and they must allow the
signs if City Hall is a polling place.
He went to say that Ashley Davis, Chief Deputy General Counsel, Florida Department of
State confirmed that F.S.102.031(4) (e) would apply and the placement of signs in the
ground is considered solicitation. There is case law to support this determination.
He recommended leaving as it is for the two weeks of early voting if Council would like
to hold early voting in 2024 or simply not allow early voting.
Vice Mayor Nunn said everything that he has read indicates that the City can regulate
everything that is outside the 150 foot voter protection buffer.
Mayor Jones confirmed that if they allow early voting but prohibit the signs, there could
be a legal challenge.
Council Member MCPartlan said if this was a big problem, the next time the Supervisor
requests to hold early voting they can decide if they want to have early voting with the
signs.
It was the consensus of Council to allow the signs during early voting and give the
residents the opportunity to vote at City Hall near their home.
The City Attorney congratulated Council Member Dodd on his appointment as president
of the Treasure Coast Regional League of Cities; and he wished everyone a Merry
Christmas.
14. CITY MANAGER MATTERS
The City Manager also congratulated Council Member Dodd for serving as president
during the league's 100a year anniversary.
He said the City has reached an agreement with Police Department on union negotiations
and they plan to start negotiations with the general employees tomorrow.
He wished everyone a Merry Christmas and Happy New Year.
15. CITY CLERK MATTERS
The City Clerk wished everyone a Merry Christmas as well.
Regular City Council Meeting
December 14, 2022
Page 10
16. CITY COUNCIL MATTERS
A. Mayor Jones
Mayor Jones thanked everyone for wearing their Christmas attire tonight and decorating
the offices throughout City Hall.
He also congratulated Council Member Dodd on his appointment as president to the
Treasure Coast Regional League of Cities and wished everyone a Merry Christmas.
B. Vice Mavor Nunn
Vice Mayor Nunn said it was an honor to see Council Member Dodd appointed as
president.
He thanked Boy Scout Troop 559 for attending the meeting tonight to see government at
work.
He wished everyone a Merry Christmas.
C. Council Member Dixon
Council Member Dixon said she was interested in taking up the City Attorney's offer to
hold a training workshop. It was the consensus of Council to hold the workshop at the
first meeting in January.
She reported that at the County Commission meeting earlier in the day, she learned that
they plan to hold a hearing next Tuesday to make the parks a smoke free zone. She said
she would like to see how this works for the County and go from there.
She thanked the City's staff and residents for a great Christmas parade full of holiday
cheer.
D. Council Member Dodd
Council Member Dodd thanked the City Manager for wearing his diabolically nice
Christmas outfit.
He referred to the resident who spoke earlier in the evening regarding the newly
constructed house next to her which is flooding her property and asked if it was possible
to bring code issues back to Council to do something about that. Council Member Dixon
and Vice Mayor Nunn agreed, noting Martin County might give the City a precedent to
work with.
He thanked the Leisure Services Director and staff for all of their hard work in putting the
Christmas parade together.
Regular City Council Meeting
December 14, 2022
Page I l
He wished everyone a Merry Christmas and asked everyone to pray for peace.
E. Council Member McPartlan
Council Member McPartlan congratulated Council Member Dodd and asked if staff was
able to negotiate the Florida Department of Transportation contract for the U.S. 1
resurfacing. The City Manager said he was able to get the department to acquiesce on the
items they had concerns about and they are willing to refund the City's deposit if the
amount comes in too high to replace the decorative pavers.
He reminded everyone that the public hearing for the new Sebastian Inlet Bridge would
be held tomorrow night at the Sebastian Community Center at 5:30 p.m.
He said the Sebastian River Area Chamber of Cornmerce's Light Up Night was very
nice.
He invited everyone to the wreath laying at 10:30 a.m., Saturday which is a very
powerful event to watch the boys scouts approach the graves and pay their respect to the
servicemen.
He wished everyone a Merry Christmas and a Happy New Year
17. Being no further business, Mayor ]ones adjourned the Regular City Council meeting at
7:10 p.m.
Approved at the January 11, 2023 Regular City Council meeting.
]Mayor Fred Janes
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