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HomeMy WebLinkAbout01-11-2023 CC MinutesHOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JANUARY 11, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Jones called the Regular Meeting to order at 6:00 p.m. 2. Pastor Dennis Trahan from the Bible Baptist Church of Sebastian gave the invocation. 3. Council Member McPartlan 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 Community Development Director Lisa Frazier Administrative Services Director/CFO Ken Killgme Asst. Administrative Services Director Cindy Watson City Engineer/Public Works Director Karen Miller Golf Pro Greg Gardner Police Chief Dan Acosta Police Lt. Rob Vafiades 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS A. Citv Attomev Presentation 23.001 i. Florida Government in the Sunshine The. City Attorney gave an extensive PowerPoint presentation on Government in the Sunshine, quasi-judicial meeting procedures, and the Sebastian Charter. (See attached) Regular City Council Meeting January 11, 2023 Page 2 Mayor Jones called for a recess at 6:52 p.m. and upon return at 6:59 p.m., all members were present. BriefAnnouncements: January 16— City Hall Closed in Observance of Martin Lather King Day January 14 - Craft Club of Sebastian at Riverview Park —10am — 3pm Fellsmere Frog Leg Festival - 22 S Orange St, Fellsmere: Thursday, January 19from 4-11pm Friday, January 10 from 4-11 pm Saturday, January 21 from 10am-llpm Sunday, January 22 from 11am-6pm Sebastian Fine Art & Music Festival — Riverview Park - January 11 & 12 Vice Mayor Nunn announced the upcoming events and included the Sebastian River High School Marching Sharks would be in the Martin Luther King Day Parade on Monday at 10:00 a.m. in Gifford. 7. PUBLIC INPUT - None 8. CONSENT AGENDA A. Approval of Minutes — December 14, 2022 Regular City Council Meeting 23.002 B. Approve the Purchase of Two Skydio Autonomous Drones from ADS, Inc. in the Amount of $20,143.94 for the Sebastian Police Department (Transmittal, Quote, Contract Amendment) 23.003 C. Approve Snow's Space Coast Superior Event "Sweet Tea Sip & Stroll" Event - Open to the Public at Riverview Park on: January 28, 2023 from 9:30 am to 5:00 pm January 29, 2023 from 10:00 am to 4:00 pm Vice Mayor Nunn asked to pull Item B MOTION by Council Member Dodd and SECOND by Council Member McPartlan, items A and C were approved with a unanimous voice vote. (5-0) Item B - the Purchase of Two Skydio Autonomous Drones Vice Mayor Nunn asked for an explanation of how the drones would be used for the benefit of the public. The Police Chief described how the drones are portable and easily deployed in rugged environments and would provide immediate situation awareness for officers responding Regular City Council Meeting January 11, 2023 Page 3 to calls for assistance. One drone pilot can provide a four comer observation of an area, aid in search and rescue operations and provide surveillance for large events such as parades. He described that having a drone observe the recent event where a boater was shooting at other fishermen in the dark, it would have been a lot safer for the responding officers. The City Manager noted that the Sheriffs helicopter was deployed and took fire in that event. He said in preparation for the purchase, two officers have been trained to pilot the aircraft. MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to approve the purchase of two Skydio Autonomous Drones from ADS, Inc. for the Sebastian Police Department. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS 23.004 A. Citizens Budget Review Advisory Board (Transmittal. ADDlications. List, Advertisement) i. Fill Two Additional Member Positions — Terms to Expire November 2023 Council Member Dixon selected Bruce Hoffman to be her representative on the Citizens Budget Review Advisory Board. He will serve concurrently with Council Member Dixon's term. Council Member McPartlan nominated Amber Cerda and Council Member Dodd nominated Dave Newhart. Being no further nominations, Ms. Cards and Mr. Newhart were appointed to the additional member positions. 23.005 B. Indian River Countv Citizens Oversight Committee for School Planning (Transmittal. ADDlications. List. Advertisement) i. Fill One Sebastian Representative Position Council Member Dodd nominated Christopher Roberts and Council Member Dixon nominated Jennifer Pippin. Roll call on the nominations: Council Member McPartlan - Mr. Roberts Regular City Council Meeting January 11, 2023 Page 4 Mayor Jones - Mr. Roberts Vice Mayor Nunn - Mr. Roberts Council Member Dixon - Ms. Pippin Council Member Dodd - Mr. Roberts Christopher Roberts was appointed to represent the City on the Indian River County Citizens Oversight Committee for School Planning. 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS 23.006 A. Discussion on the Purchase of the Sembler Pronerties Located at 1527 and 1528 Indian River Drive (Transmittal. Entails. Sale Info. FS166.045. Charter Sec. 1.02. Amortization Schedule. DST Proiected Balances) The City Manager advised that he did make an offer of $1.2M on the property that was countered at $2.5M and noted the offer could not exceed the appraised amount without a supermajority vote of Council and he asked for direction. He noted that if the property was sold to someone else, the dock would have to be removed if the use changed from aquaculture however the intent of the City would be to keep the river's view and preserve the aquaculture. Council Member Dodd said he would love to have the property but they should find grant money to help pay for it. Council Member Dixon and Vice Mayor Nunn agreed. Mayor Jones said he would love to expand the important aquaculture operation for the lagoon but the cost is too much. He suggested holding more negotiations. Council Member McPartlan said maybe the County could buy it to keep it preserved. The City Manager advised that he and the Community Development Director did recently meet with the Florida Department of Environmental Protection to discuss additional boat parking and aquaculture operations at the working waterfront. 23.007 B. Discussion of Stormwater Codes Related to the Building or Newer Homes on Adiacent Existine Properties (Transmittal. Code Compilation) The City Manager said this problem is plaguing communities all over Florida and every circumstance is as unique as the adjoining lots are built upon. The new homes are built according to code and should be addressed on an individual basis. He said he was open to suggestions from Council. Mayor Jones asked if the City was looking at the circumstance upfront since the code currently prohibits drainage onto other properties. The City Manager said the higher Regular City Council Meeting January 11, 2023 Page 5 property is required to drain and the lower property is required to accept the drainage in the shared Swale or they will be in violation --there isn't a good solution. Council Member Dodd said there are many places in Florida where you cannot let a drop of water come off of your lot. He watched his brother's crew put in cisterns to hold water from down spouts in Ft. Lauderdale. The simplest thing to say is that it is the existing resident's problem. The cost of building on an empty lot should include the cost of determining if there will be a problem. Vice Mayor Nunn said if a house was built 25 years ago and it's been draining into the vacant lot next to them, it is in violation since it isn't going into an easement. Technically, the City will have to go out and enforce the drainage of all of the older homes who are currently draining into the vacant lots. Council Member Dodd said Council should provide staff with direction that they would like something done to address this issue. Council Member Dixon suggested for any new builds, the builder must survey the property next to them so they can let the current homeowners know if they are draining properly or not. Council Member Dodd said it was not irresponsible to ask someone who is making money in a business venture to spend money to make sure their venture doesn't impact someone else's property rights. He suggested they could require an extended elevation survey. Council Member Dodd suggested directing City staff to modify the Land Development Code to address issues related to drainage that's caused by building within mixed use properties. Vice Mayor Nunn said the City has responsibility to help find a solution. The City Manager said they could require a topographical survey five foot outside the property line that would show the issue. Council Member Dodd said the language should stipulate identifying what the issue is and whose responsibility it is to address it. It was the consensus of Council to find ways to alert homeowners of the problem but not fix the problem. Sarah Carlson said the City has been working with her as well as the builder of the higher home next to her who assured her the drainage would not be a problem. She said it is turning into more of a problem the bigger the storms get. She understood each property has its own unique nuisances and the inspectors have identified that her property slopes to the back and there is nothing that can be done. She has the lake in her backyard shown in the Sebastian Daily news article. She asked Council to continue to work on the problem. Regular City Council Meeting January 11, 2023 Page 6 Magory Hale, representing her mother, said as the houses go up, they are seeing additional flooding in their backyard. With the latest new house being built, there is a silt fence that has been leaning over since the hurricane and there is no way to maintain the off flow with the location of the house. They would like to see something done. Amanda Longhini-Halbin, 156 Nebraska Circle, said when this year's storms came through, they dug a trench in the front yard so her yard would drain to the front yard instead of the back into her pool. She said there have been cases where builders have come back to install a drainage system. She asked for help. Karey Halbin, Nebraska Circle, said there we drainage systems established throughout the City so it is clear there is a problem that needs to be addressed. She said she was sure they could come up with some solutions. Ardith Hale, 756 Newhall Terrace, said this year after the hurricane her street was under water to the point that only three inches of the fire hydrant was visible. She would like to see some due diligence by the City. 12. NEW BUSINESS 23.008 A. Resolution No. R-23-01 — Avnroved a Collective Bargaining Agreement to be Effective October 2. 2022 to September 30. 2025 Between the Citv of Sebastian and the International Union of Police Associations. AFL-CIO Local 6053 (Transmittal. R-23-01_ Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING A THREE (3) YEAR AGREEMENT FOR ALL FULL- TIME PERMANENT POLICE OFFICERS AND POLICE SERGEANTS BETWEEN THE INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, (IUPA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2025; AUTHORIZE THE CITY'S RATIFICATION AND CAUSE SAID THREE (3) YEAR AGREEMENT TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR SEVERABB.ITY AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-23-01. The City Manager said this is an agreement that is beneficial for the employees and the residents. He asked Council to approve the resolution. There was no public input. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to approve Resolution No. R-23-01. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Regular City Council Meeting January 11, 2023 Page 7 Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 23.009 B. Aoomve the Purchase of Eiehtv (80) New Golf Carts with Full GPS from Club Car. LLC in the Amount of $528.640.00 and Authorize the Citv Manager to Execute the ADnmUriate Documents (Transmittal. Ex. A) The City Manager said the use of the current carts was extended for an extra year since the batteries were replaced after the single use COVID period and they are now in need of replacement. He asked for Council approval. Council Member Dodd noted the Capital Improvement Program only has $400,000 and he asked how the financials will be balanced. The City Manager responded that it will be split between two budget cycles. Council Member McPartlan asked if a solid warranty was included. The City Manager responded that he is trying to write a contract to have another company to cover the maintenance of the carts and battery warranties. MOTION by Vice Mayor Nunn and SECOND by Mayor Jones to approve the purchase of eighty new golf carts with GPS from Club Car, LLC in the amount of $528,640.00 . There was no public input. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan -aye Mayor Jones Motion carried. 5-0 23.010 C. Authorize the Citv Manager to Execute the Walmart Opioid Settlement Agreement and Aonromiate Documents (Transmittal. Agreement. Ex. C. Chart) The City Manager said the City is a named beneficiary to receive funds from this lawsuit and he asked for approval to use the settlement money for education, training and Narcan. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to authorize the City Manager to execute the Walmart Opioid settlement agreement. Council Member McPartlan noted that fentanyl is a huge problem and suggested the $10,000 should go towards awareness. Council Member Dixon agreed and stated she would like to see the R.A.D. Kids brought back for the youth. There was no public input. Regular City Council Meeting January 11, 2023 Page 8 Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 23.011 D. Review and Consider 2023 Council Meetine Dates (Transmittal. Calendar) It was the consensus of Council to keep the dates as they stand. 13. CITY ATTORNEY MATTERS The City Attorney reported that union negotiations would be held January 31" for the general employees and supervisors. A resolution for Council ratification would be ready after that meeting. u_.k; The City Manager wished everyone a Happy New Year and announced that Small Business Administration funding was still available for those affected by Hurricanes Ian and Nicole. He would have further information posted the City's website. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Vim Mayor Nunn Vice Mayor Nunn asked everyone to think about moving forward with the old compound site. He said he didn't appreciate the individual that vandalized his truck and asked that the person come talk to him if they are upset about something. B. Council Member Dixon - None C. Council Member Dodd Council Member Dodd distributed a draft resolution regarding the Florida League of Cities issues to consider during the upcoming legislative session. He asked that the resolution be placed on the next agenda and if the members have any questions about any of the items to contact the City Manager. He said he would be sending the City Attorney's presentation to the Florida League of Cities to view as they would like to increase citizens' education. Regular City Council Meeting January 11, 2023 Page 9 He said he wouldn't mind seeing an inventory of all of the City's properties given they will be considering the Harbor Lights property again. He suggested they might want to consider all properties at the same time. He apologized to the Mayor for forgetting the box of crayons that he was supposed to present to him tonight. He explained the Mayor is a Marine and the joking rivalry with the other military branches is that Marines are known to eat crayons. D. Council Member McPartlan Council Member McPartlan wished everyone a Happy New Year E. Mayor Jones 23.012 i. Harbor Lights Motel Prone tv - 1215 Indian River Drive Mayor Jones said the building has been razed and he would like to put the property back out to bid to get it on the tax roll. The City Manager said it could be back on the agenda noting that they were in a unique position in that they can dictate what goes back on it. He asked what parameter they would like to use for the proposal. It was the consensus of Council to use "mixed use." 17. Being no further business, Mayor Jones adjourned the Regular City Council meeting at 8:26 p.m. Approved at the J 3 Regular City Council meeting. ice Mayor for MayorFredJones e nette Williams, Ciry Clerk '- - _ - Florida Government in the Sunshine January 11, 2023 City Council Meeting A ; i �ti Imo... rAl� 0 Prepared by: Office of the City Attorney City of Sebastian Florida Government in the Sunshine January 11, 2023 City Council Meeting prepared br: Silica of the CI[yNttorney City of Sebastian Topics for Review -1 Florida Government in the Sunshine: Open Meetings •• Public Records Quasi-judicial Review . Specific Charter Provisions - NEW Nhat is the Sunshine Law? Florida's Government in the Sunshine Law, also called the 9RenAeetiugs)dyi, provides a right of access to governmental proceedings. The Government in the Sunshine ((( law is such an important part of \\ Florida law that it is t� constitutionally guaranteed at Article I, Section 24 (b) of the Florida Constitution. (Exhibit 5) Open Meetings Requirements: Florida Statute 286.011 1 Three Simple 1. Meetings of public boards, councils and commissions must be open to the public; 2. Reasonable notice of such meetings must be given; and 3. Minutes of the meetings must be taken. Open Meetings Requirements Unless these three requirements are met, two or more members of the same board, council or commission may not discuss any matter on which foreseeable action will be taken by that board, council or commission. Who is covered under the law? Does the Open Meetings law apply toImer�tpers- elect? t �^' Yes. Members -elect of public councils, boards and commissions are covered by the Sunshine taw immediately upon their election to public office. Does the Open Meetings law apply to members -elect? t , CM Kelly Dixon: CaMlEele N¢IIy Dixon is GmpolgningaM Mlaifq up signs elan, Mal.5UP[l A'..,... OI Ea Dale, -'a Is r.w, I., NEG4GIlan aM.0Ipmn9 W.ao Xain 51re¢C He laps KMry Dirona11 a0cut Ue anMratlpn agitxmMl a.a at t. NWIa VG1[ Ior. lLaf is IIDT a violalialt IN UC stNK.Il...us[ 5.¢ Ns Mt bGM H a. - Cvun¢il MGmbp.ElM Nelry gxan is weary fen.e IN Ea I%aa ena KeIY Won at Uf malonry d 10¢ m two members of the me public board cialize? �F! Two members of the same board socialize, but they may not Iss matters which may come ne the board. Be careful to avoli Open Meetings Q Sanctions • An unintentional violation: non -criminal infraction punishable by a fine up to $500.00 • A knowing violation: 2^a degree misdemeanor ppunishable by a fine of not more than $500.00 and/or a jail term of not more than 60 days • suspension or removal from office • Attorney's fees and court costs Florida's Public Records Law Florida's Constitution guaranto Goveees rnment t access to Government Records in Article I, Section 24(a) (Exhibit 5) � I 7 What is a ?� public record? r� What about 'Time emails? An email sent to or from a work or home t8�erced/n.smtneNo�T Kith cxcmptt1 n +Ltoc RpeRrossins!cR3h.'x is �n � s-+cti1t the, YubllcSu�:S the FlglSupremeSupremeSupc Court has ruled Mat coune of official Nethermost, does not automaucelly become a public record Just because It Is stored In a government computer. To be consldi, ed A public record, such email What about Emai, Text or Social Media? M T • Emails/text EmeMenthe mlingyab.t dill fmm m, ery leptcp or ,MINOT n pueuc recbd b/c 11 dei her el.11 o, penalty re tha,buc er a'.I.Mo s. ImrNtut m 01,n o,,,, lrum my en.-I.i op^r ochneviriM IQ the Gnneualg ANe[mem IS a public .o We., Milo.Ip me oabrce. Cirri amMSs • Test Messages (GO Recommends): - swula be sron alwmwc poml. Social Media: MSubnenWeln mess e modal Media: NOT public Easiness (Private) r meeting Notes? • ecllphollphones/Texdnp while on the Oaa? How long do public records have to be retained by the local government? The state Bureau of A, chives and Records Management ublishes a ffi Our City Clerk's office Our City oversees the retentionVwx� of all Oily records. Please provide copies of all public records to the City Clerk. CAMD Summary of Open Meetings Law and Public Records Law Quasi-)udiclal '", /F Review Procedure &r • The Florida Supreme Count changed the way local BBovernmCas review and process land ygp and other decisions that apply aepted eeliw. • The ce$ d decision dramatically changed your Jobs as de when n deciding placing you in ma telp dCts than want delaw p plies to ansiial matters. • hearings change In tan law y Council, to vvuasimorsoal anent, running belong the ❑o Council, C-0 pedal n toad, aeCodand Zoning tend, special Magistrate Cade Enforcement and tied NCdgLdgn Ncatngs (NEW). v What is the difference between quasi-judicial t and legislative actions? • Decisions that set ogggr rather than implement or apply policy are legislative. • Decisions that Implement or cooly apadgp "priCy. am quasi-judicial. • Examples or quasi-judicial matters: rezoning, site plan approvals, development plan approvals, appeals of administrative decisions, code enforcement proceedings, lien Reduction and variances. (Exhibit 2A) So why does it matter? O Quasi-judicial hearings are where decisions imQlementlno an adooted policy are considered: . Yware nmigma Ruso qud.eu We, nmmnea Inusemacwwoam. . mee_muonroa gem may xwnrortn ar eat •�Im.mi. a•te.e.a. • Yau min aoo alM " •eelatrllotltl roes ane er�0Oac0iestulae in lnemg., • QWs�luJleel ManMsrepulrt neat Euevrerexs 0e anwaaa. • to Yanc mntmanlmWnssaouW Me rveWM rtan:limn u not aix+osea. does Competent Substantial ice mean: reached." (lb Rclewnt Material . Reasonable iubsta ti l Competent substantial Evidence Professional PI, nnin 5taitt and planning and_Zoninq Boar s pin on Comments where There are facts in the record to support those opinions. Professional le ert opinion supported by facts the expert -knows or has reviewed. Non-professional jaYJl4rson_ opinion that is fact -based on Issues that are not highly technical or scientific. What is NOT Competent Substantial Evidence? ..11 p • or ip opposition. /Op19Lon50/ public suppdrt � or omeunon. •ostabll'sues jggecho NcagOrlley educations o aNe recoN rempeducatiloy owerieonaln the a Issue. oymeet experience tI na Held a[ loos. • 'Expert' resProfessionals wand o net nonte on nal Me educatio whodonotstateon m lamin to education a eapedexe Way am dalming to have. • Moon when ether phone rails, smalls or examina ion by there fti be n0 Cr055- examindnOn by the parties. Must the Council, Board or Commission make a Finding of Fad? aw • Legally, N0, The Florida Supreme Court has stated that findings of fad are not required in quasi-judicial proceedings. HOWEVER...... • practically speaking: YES' A hearing record that includes a finding of facts based upon om-petent_sub5tifWal evidence Lends to be upheld by the courts on appeal. CAO Recommendation about Findings of Fad? • During the discussion and deliberation • portion of the quasi-judicial hearing, the council or board Is stronggly a ed to Op�cgSs.Ch_C3i'iC-q�Le3np [gs�) ny Facts) frdinancdepps criteria (Law) and base a decision nd ngs.u(Exhibit 2, Page 2 3 of 5) factual • The evidence should address the standards of the Code (Law) • These Findings of Fact should be recited in the motion (Board) or decision (Magistrate) for Inclusion in the final Order. What is Due Process and how does it fit in to a Quasi -Judicial Decision? • Due Process means I[p loyjgg the CStAbli5hC9LulSLset up for the enforcement and protection of private rights. (Exhibit 2, Page I of 5). • quasi-judicial Hearings meet basic Due process requirements if the parties are provided notice, provided an potential to be heard and allowed to oresent evji1ono and ttp55�Ki colt ne witngs�es. • Also require swearing -in of those who speak or testify at the hearing. , What Is an ex-parte communication? • It is a commpnlconon made Qi about the case before the heanng • Ex-psne communications include: all forms of communications, Inveshgstions. sdc_ybll5 and expert opinions. • The safest coursaofaction byadecision- maker is to a•ofd ax pate rommunisatlon, if possible. lustsaY-no when someone wants to discuss a pending qusu-Judicial matter with you outside of the cchambers. It protects You and it Wotects the [he pxroceedings What happens if there is an ex- parte communication? • Ex-parte communications must be disclosed by the council or board memb pefor_or during the quasi-judicial hearing. (Exhibit 3 - Ex-Parte Communiceition Form) • Thus, providing an adverse party a' reasonable opportunity to confront, refute, respond to and/or rebut any suc disclosure to prevent the appearance of impropriety. (Exhibit 21s - F.S. 286.0115 (t)(4)) Is there a special way we conduct Quasi-Judlclal proceedings at the City of Sebastian? Summary of Quasi-judicial Hearings/Proceedings 01 x, Dw6ion5 than apply tin udd,n ] p fi<r nine pnm;- jldicird. • 1'nnWllhx for a Qu:uiJuJioi:d H.H.,100er or Ih eexi,- adopml purumul In R-2035 • III a yi nti-j.dwittl I.In'. clmld turf apryti n'l rdlieuta art ns juJhc:.' • the deeWunyou.1, mlml he snppintad by lnmpN[Al suhS,.... l miJence, dh• upplieablc l:nl anal be lirllnlaad. awl dne pnwrs1, nlmt lnc M.W.0 •Is-pane uma.....minne, ntdd he avnidil. and if Ihev nnvr.M Id Iw,diwloW in the nc[1M. City of Sebastian Charter Provisions 2.02 ellywWw EAu - Term CemmMtmncnl L.W - "ile" V¢O M.lyur >b, - Gd,,eW IbwttS and Oulm WcuM16; I td,b, r[ nl u.... 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Sec. 54-1-2.1. - General procedure for legislative and quasi-judicial actions. The general procedures for review of legislative and quasi-judicial rulings as explained below shall be established by resolution of the city council. (a) Class cation of legislative and quasiyudicial rulings. The following table "Classification of Legislative and Quasi -Judicial Rulings" defines the nature of city rulings affecting land use, planning and zoning. CLASSIFICATION OF LEGISLATIVE AND QUASI-JUDICIAL RUL NGS (1) TYPE OF RULING LEGISLATIVE QUASI-JUDICIAL (Creates Uniform (Effectuates or Applies Adopted Policy) Policy) Comprehensive Plan Adoption ;check; Amendment to the Comprehensive Plan ;check; Change in Future Land Use Map Designation ;check; Adoption of Land Development Code ;check; Amendment of Land Development Code ;check; Generic Change in Zoning Districts ;check; Rezoning for a Specific Site ;check; Conditional Use ;check; Special Use ;check; Planned Unit Development ;check; Variance ;check; Subdivision Plat Approval ;check; Site or Site plan Approval ;check; Appeal of Administrative Decisions ;check; Vesting Determination ;check; Concurrency Management Determination ;check; Tree Removal permit ;check; Sign permit ;check; ;check; Building permit Footnote (1): Current as of the effective date of this ordinance. This table shall automatically be revised to conform to changes In the laws affecting legislative and quasi-judicial decisions of local governments in Florida. (b) Legislative or quasi -legislative actions and proceedings. Legislative or quasi -legislative actions result in formulation of a general public rule or policy that is uniformly applicable to a large area or a large number of Individuals, interests, or activities. Sec. 54-1-2.6. - City council's role. (a) Legislative intent. The legislative Intent of the land development code Is to provide the city council of the City of Sebastian regulatory pourers necessary to implement the comprehensive plan consistent with enabling legislation of chapter 163. F.S. (b) Powers and duties of the city council. (1) Enact or amend land development code, The city council shall adopt a land development code consistent with section 163.3202, F.S. Following receipt of a written report from the city planning and zoning commisslon, the city council may amend or supplement the regulations and districts fixed by the adopted city land development code. The city council shall hold a public hearing on such matters, as required by Florida Statutes, if any change Is to be considered, and shall act on the proposed change after such hearing. In cases where the recommendation of the city planning and zoning commission is adverse to the proposed change, such change shall not become effective except by an afgnnative vote of a majority of four members of the city council, after due process. (2) Establish fees and appropriate funds. The city council may, by resolution, establish fees, charges, and expenses imposed by the adopted land development code. (3) Consider and act on development issues as required. The city council shall consider and act on development and growth management issues pursuant to this code, chapter 163, F.S., and other applicable laws and regulations. (4) Enforce land development code. The city council shall enforce the land development code, including carrying out appropriate legislative actions. (5) Appoint and confine members of requisite boards and commissions. The city council shall appoint and confirm members of the planning and zoning commission, the board of adjustment, and any other board, commission or committee as may be deemed necessary by the city council or applicable laws. (6) Take other actions necessary to implement the land development code. The city council may take such other action not delegated to the planning and zoning commission, board of adjustment, code enforcement board, or other entities as the city council may deem desirable and necessary to implement the provisions of the comprehensive plan and the land development code. Sec. 54-1-2.8. - Procedures for public hearings. The following notice requirements are in addition to the requirements as established by Florida Statutes. The notice provisions contained herein regarding notice by mailing are directory only and failure to mail such notice shall not affect any action taken on the application. The planning and growth management director shall establish procedures for the processing of all applications including setting required application filing deadlines to meet the requirements of this section. (a) Public hearing. A proceeding requiring a public hearing shall be conducted only after a notice has been published at least once in a newspaper of general circulation in the city, the first publication of which shall be at least 15 days before the hearing. However, nothing contained herein shall be inconsistent with Florida Statues governing notices. The public notice shall contain all information required by Florida Statutes and include at least the following items: (1) The date, time and place of meeting; (2) The this of the board conducting such meeting; (3) A brief description of the matter to be considered; and (4) A legal description of the property and other appropriate information Identifying the property involved. The giving of public notice of heating shall be deemed sufficient when a notice has satisfied the requirements as established by Florida Statutes. In addition, a copy of such notice shall be mailed to all property owners within 300 feet of the outer boundary of the property involved in the application including contiguous property under the same ownership, as shown in the records of the county property appraiser. If the property involved in the application Is a condominium, then the required notice shall be by certified mail to the condominium association and by regular mail to the individual owners. The applicant shall provide the list of the required property owners to the planning and growth management department with the application for the proposed action at least 20 days before the hearing and shall pay for the mailing costs. 1 2 * t Florida Government in the Sunshine Title Page Florida Government in the Sunshine Slides January 11, 2023 City Attorney Memorandum A. Classification of Legislative and Quasi -Judicial Rulings B. F.S. 286.0115 - Access to local public official, quasi-judicial proceedings on local government land use matters; F.S. 252.38 - Emergency Management powers of political subdivisions C. Resolution 20-35 Clerk's Ex Parte Communication, Site Visit Report City Charter Florida Constitution Article I Section 24 01rOF Manny Anon, Jr City Ananey HOME OF PELICAN ISLAND 1225 Man Street I Sebastian. Florida 32958 Tel. (772) 308a2011 email: ram m@dtyAebagan o g To: City of Sebastian Council Member and Appointed Board Members From: Manny Anon, Jr., City Attorney Date: January 11, 2023 Subject: Quasi -Judicial Hearings This Memorandum supersedes the December 09, 2020 Memorandum and is intended to provide Council Members with an explanation of quasi-judicial hearings. If you have any questions, or would like to discuss quasi-judicial matters in more detail individually, please contact me directly to schedule a meeting. 1. Why Do We Have Procedures? Quasi-judicial procedures are designed to provide notice and guidance to all parties (and the public) who appear before the City Council or other City Boards (like the Planning and Zoning Board or Code Enforcement Special Magistrate Hearing), that meetings wherein quasi-judicial decisions are required will be governed by predictable and consistent rules. This ensures that all parties and interested persons are given an opportunity to be heard in an equitable and efficient manner. 2. Overview of Quasi -Judicial Hearings At a Quasi -Judicial Hearing, the Board, acting like a judge. applies existing nolicv or law to a set of facts to determine the outcome. For example, at a quasi-judicial hearing on a variance application, the Board should apply the City's current policy or code on variances to the specific variance application at issue and determine whether the application meets the requirements outlined in the existing variance policy or code. Notably, in a Quasi -Judicial Hearing, the question is whether the application at issue complies with existing requirements, not whether the Board likes the project proposed in the application. Members of the Board most go into the quasi-judicial hearing with an open mind and base their decisions on the competent substantial evidence and the law presented at the hearing. 3. Due Process Generally, a party to a Quasi -Judicial Hearing should be provided procedural due process, which consists of 1. Provide notice of the hearing; 2. Opportunity to be heard at the hearing; 3. Present evidence at the hearing; and 4. Opportunity to cross-examine witnesses. The breadth of procedural due process varies depending on the nature of the proceeding and interests involved. Manny Anon, Jr., City Attorney Re: Quasi -Judicial Hearings 11 January 2023 Page 2 of 5 Quasi-judicial hearings require procedural due process; however, the procedural due process requirements for a quasi-judicial hearing are less stringent than a judicial hearing (ROE are relaxed). 4. Competent Substantial Evidence In deciding whether the application does or does not meet the standards, the Board must base its decision on what is known as "competent substantial evidence." Substantial evidence is such evidence that a fact at issue can reasonably be inferred from. Competent evidence is defined in the Florida Supreme Court case of DeOroot v. Sheffield. 95 So.2d 912 (Fla. 1957) as: Substantial evidence has been described as such evidence as will establish a substantial basis of fact from which the fact at issue can be reasonably inferred. We have stated it to be such relevant evidence as a reasonable mind would accept as adequate to support a conclusion... [T]he evidence relied on to sustain the ultimate finding should be sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached. In a Quasi-judicial hearing, the applicant has the initial burden to prove that its application meets the applicable standards by competent substantial evidence. If the applicant meets its initial burden, the burden shifts to those opposing the application to provide competent substantial evidence that the application does not meet the standards. In any instance, the Board's ultimate decision must be supported by competent substantial evidence usVinted at the auasi-iudicial ham. The evidence should specifically address the standards of the Code. See, Alvev v. City of North Miami Beach, 206 So.3d 67 (Fla. 3d DCA 2016). Competent substantial evidence should be based in fact, be reliable and tend to prove a point such that a reasonable mind would accent it as sufficient to support the conclusion reached. Competent substantial evidence should not be sneculative. hwothetical or coniecture, instead, it most be relevant material and within the purview of knowledee of the witness offerine the evidence. Typically, professional plamunr staff and non -staff professionals' opinions and comments constitute competent substantial evidence. Lay testimony from everyday citizens may be considered competent substantial evidence depending on the circumstances. For example, the opinion of non -experts on a highly technical or scientific matter would probably not constitute competent substantial evidence. However, fact -based testimony from a lay person that does not require scientific or technical expertise likely would. Also, argument of attorneys who represents the parties at the hearings does not constitute evidence but argumentative. 5. The Law Presented at the Quasi -Judicial Hearing Quasi-judicial proceedings involve the application of established standards, policy or laws to individual facts set forth in an application. For this reason, when deciding a quasi-judicial matter, the Board is restrained to consider the criteria set forth in the applicable Code section at issue. For example, if the Board is considering a variance, it is limited to applying the competent Manny Mon, Jr., City Attorney Re: Quasi -Judicial Hearings 11 January 2023 Page 3 of 5 substantial evidence to the factors outlined in section 54-1-2.5 (c) (2) of the Code, which reads as follows: In order to authorize any variance from the terms of this code, the board of adjustment must find the following: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. c. Special Prlvileees not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. e. Only the minimum variance wanted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. £ Not iniurous to the rublic welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. g. Conditions and safenuards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. i. No use variance permitted in soecified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terns of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings; in other zoning districts shall be considered grounds for the authorization of a variance. See Section 54-1-2.1 General Procedure for legislative and Quasi -Judicial Action attached as Exhibit "A". Manny Anon, Jr., City Attorney Re: Quasi -Judicial Hearings 11 January 2,023 Page 4 of 5 A Board decision based on a factor not specifically outlined in section 54-1-2.5 (e) (2) would be improper. 6. Ex Parte Communications An er parte communication is any communication, oral or written, between members serving on the Board and the public, other than those made on the record at the public hearing. Pursuant to section 286.0115(l)(a), "a county or municipality may adopt an ordinance or resolution removing the presumption of prejudice from ex parte communications with local public officials by establishing a process to disclose ex parte communications with such officials pursuant to this subsection or by adopting an alternative process for such disclosure." See Section 286.0115, Florida Statue attached as Exhibit °B". IAW 286.0115 (c),'9f adopted by county or municipal ordinance or resolution, adherence to the following procedures shall remove the presumption of prejudice arising from ex parte communications with local public officials. a. The substance of any ex pane communication with a local public official which relates to quasi-judicial action pending before the official is not presumed prejudicial to the action if the subject of the communication and the identity of the person, group, or entity with whom the communication took place is disclosed and made a part of the record before final action on the matter. b. A local public official may read a written communication from any person. However, a written communication that relates to quasi-judicial action pending before a local public official shall not be presumed prejudicial to the action, and such written communication shall be made a part of the record before final action on the matter. c. Local public officials may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is made a part of the record before final action on the matter. d. Disclosure made pursuant to subparagraphs a., b., and c. must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the communication. 7. City Ordinance on Quasi -Judicial Procedures The City, through Resolution 20-35, has adopted Procedures for Quasi -Judicial Proceedings. Please familiarize yourself with this Resolution, which is attached to this Memorandum as Exhibit "C". Notably, the Resolution provides the following guidelines for the order of presentation of quasi-judicial matters: a. After the Mayor or Chair opens the Quasi -Judicial Hearing; b. City Attorney reads resolution title; Manny Anon, Jr., City Attorney Re: Quasi -Judicial Hearings 11 January 2023 Page 5 of 5 c. City Council or Board Members disclose ex-parte communication; d. City Clerk swears in all who intend to provide testimony; e. The Applicant or agent shall make a presentation in favor of the request; f. Staff presents finding, analysis and recommendations; g. City Council or Board shall ask questions of applicant and staff; h. Mayor or Chair shall open the floor for anyone in favor of the request; i. Mayor or Chair shall open the floor for anyone against the request; j. Applicant provided opportunity to respond to issues raised by staff or public; k. Staff is provided an opportunity to summarize its position; 1. City Council or Board deliberation the request and ask questions; in. Mayor or Chair calls for a motion; n. City Council or Board takes action. 252.38 Emergency management powers of political subdivisions. —Safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state. (1) COUNTIES. — (a) In order to provide effective and orderly governmental control and coordination of emergency operations in emergencies within the scope of ss. 252.31-252.90, each county within this state shall be within the jurisdiction of, and served by, the division. Except as otherwise provided in as. 252.31-252.90, each local emergency management agency shall have jurisdiction over and serve an entire county. Unless part of an interjurisdictional emergency management agreement entered into pursuunt to paragraph (3)(b) which is recognized by the Governor by executive order or rule, each county must establish and maintain such an emergency management agency and shall develop a county emergency management plan and program that is coordinated and consistent with the state comprehensive emergency management plan and program. Counties that are part of an interjurisdictional emergency management agreement entered into pursuant to paragraph (3)(b) which is recognized by the Governor by executive order or rule shall cooperatively develop an emergency management plan and program that is coordinated and consistent with the state comprehensive emergency management plan and program. (b) Each county emergency management agency created and established pursuant to ss. 252.31- 252.90 shall have a director. The director must meet the minimum training and education qualifications established in ajob description approved by the county. The director shall be appointed by the board of county commissioners or the chief administrative officer of the county, as described in chapter 125 or the county charter, if applicable, to serve at the pleasure of the appointing authority, in conformance with applicable resolutions, ordinances, and laws. A county constitutional officer, or an employee of a county constitutional officer, may be appointed as director following prior notification to the division. Each board of county commissioners shall promptly inform the division of the appointment of the director and other personnel. Each director has direct responsibility for the organization, administration, and operation of the county emergency management agency. The director shall coordinate emergency management activities, services, and programs within the county and shall serve as liaison to the division and other local emergency management agencies and organizations. (c) Each county emergency management agency shall perform emergency management functions within the territorial limits of the county within which it is organized and, in addition, shall conduct such activities outside its territorial limits as are required pursuant to as. 252.31-252.90 and in accordance with state and county emergency management plans and mutual aid agreements. Counties shall serve as liaison for and coordinator of municipalities' requests for state and federal assistance during postdisaster emergency operations. (d) During a declared state or local emergency and upon the request of the director of a local emergency management agency, the district school board or school boards in the affected area shall participate in emergency management by providing facilities and necessary personnel to staff such facilities. Each school board providing transportation assistance in an emergency evacuation shall coordinate the use of its vehicles and personnel with the local emergency management agency. (e) County emergency management agencies may charge and collect fees for the review of emergency management plans on behalf of external agencies and institutions. Fees must be reasonable and may not exceed the cost of providing a review of emergency management plans in accordance with fee schedules established by the division. (2) MUNICIPALITIES. —Legally constituted municipalities are authorized and encouraged to create municipal emergency management programs. Municipal emergency management programs shall coordinate their activities with those of the county emergency management agency. Municipalities (Sapp. No. 67) Page 1 of 3 1-1": EBti-Bl-]0 N:1410 tear] without emergency management programs shall be served by their respective county agencies. If a municipality elects to establish an emergency management program, it must comply with all laws, Hiles, and requirements applicable to county emergency management agencies. Each municipal emergency management plan most be consistent with and subject to the applicable county emergency management plan. In addition, each municipality must coordinate requests for state or federal emergency response assistance with its county. This requirement does not apply to requests for reimbursement under federal public disaster assistance programs. (3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS. — (a) In carrying out the provisions of ss. 252.31-252.90, each political subdivision shall have the power and authority: L To appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies. 2. To appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency management workers. 3. To establish, as necessary, a primary and one or more secondary emergency operating centers to provide continuity of govemment and direction and control of emergency operations. 4. To assign and make available for duty the offices and agencies of the political subdivision, including the employees, properly, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision. 5. To request state assistance or invoke emergency -related mutual -aid assistance by declaring a state of local emergency in the event of an emergency affecting only one political subdivision. The duration of each state of emergency declared locally is limited to 7 days; it may be extended, as necessary, in 7-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: a. Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community. b. Entering into contracts. c. Incurring obligations. d. Employment of permanent and temporary workers. e. Utilization of volunteer workers. f. Rental of equipment. g. Acquisition and distribution, with or without compensation, of supplies, materials, and facilities. h. Appropriation and expenditure of public funds. (b) Upon the request of two or more adjoining counties, or if the Governor finds that two or more adjoining counties would be better served by an interjurisdictional arrangement than by maintaining separate emergency management agencies and services, the Governor may delineate by executive order or (Supp. No. 67) Page 2 of 3 hntN: Uli-tl-33 N:St:A LEST] rule an intequrisdictional area adequate to plan for, prevent, mitigate, or respond to emergencies in such area and may direct steps to be taken as necessary, including the creation of an intetjurisdictional relationship, ajoint emergency plan, a provision for mutual aid, or an area organization for emergency planting and services. A fording of the Governor pursuant to this paragraph shall be based on one or more factors related to the difficulty of maintaining an efficient and effective emergency prevention, mitigation, preparedness, response, and recovery system on a unijurisdictional basis, such as: 1. Small or sparsc population. 2. Limitations on public financial resources severe enough to make maintenance of a separate emergency management agency and services unreasonably burdensome. 3. Unusual vulnerability to emergencies as evidenced by a past history of emergencies, topographical features, drainage characteristics, emergency potential, and presence of emergency -prone facilities or operations. 4. The interrelated character of the counties in a multicounty area. 5. Other relevant conditions or circumstances. (4) EXPIRATION AND EXTENSION OF EMERGENCY ORDERS. — (a) As used in this subsection, the term "emergency order" means an order or ordinance issued or enacted by a political subdivision in response to an emergency pursuant to this chapter or chapter 381 that limits the rights or liberties of individuals or businesses within the political subdivision. The term does not apply to orders issued in response to hurricanes or other weather -related emergencies. (b) It is the intent of the Legislature to minimize the negative effects of an emergency order issued by a political subdivision. Notwithstanding any other law, an emergency order issued by a political subdivision must be narrowly tailored to sore a compelling public health or safety purpose. Any such emergency order must be limited in duration, applicability, and scope in order to reduce any infringement on individual rights or liberties to the greatest extent possible. (c) An emergency order automatically expires 7 days after issuance but may be extended by a majority vote of the governing body of the political subdivision, as necessary, in 7-day increments for a total duration of not more than 42 days. (d) The Governor may, at any time, invalidate an emergency order issued by a political subdivision if the Governor determines that such order unnecessarily restricts individual rights or liberties. (e) Upon the expiration of an emergency order, a political subdivision may not issue a substantially similar order. History.—s. 1, ch. 74-285; s. 1, ch. 77-174; s. 22, ch. 81-169; s. 21, ch. 83-334; s. 102, ch. 92.279; s. 55, ch, 92-326; a. 14, ch. 93-211; s. 132, ch. 95-148; s. 5, ch. 2000-I40; s. 34, ch. 2001-61; s. 12, ch. 2021-8. (Supp.No. 67) Page 3 of 3 craw: wz-.,.ze m:vm tezrt