HomeMy WebLinkAbout09-13-2023 CC Minuteskill Of
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
REGULAR MEETING
MINUTES
WEDNESDAY, SEPTEMBER 13, 2023 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Jones called the Regular Meeting to order at 6:00 p.m.
2. A moment of silence was held.
3. Council Member McPartlan led the Pledge of Allegiance.
4. ROLL CALL
Mayor Fred Jones
Vice Mayor Chris Nunn
Council Member Kelly Dixon
Council Member Ed Dodd
Council Member Bob McPartlan
Staff Present:
Interim City Manager Brian Benton
City Attorney Jennifer Cockcroft
City Clerk Jeanette Williams
Administrative Services Director/CFO Ken Killgore
Building Official/Fire Marshal Wayne Eseltine
Community Development Manager Dom Bosworth
Community Development Planner Michelle Faulkner
Human Resources Director Cindy Watson
Police Lt. Rob Vafiades
5. AGENDA MODIFICATIONS
There was no objection to the Interim City Manager's request to add a resolution authorizing the
City Council to participate in a joint meeting with the Indian River County Commission to
discuss matters of mutual interest.
The Interim City Manager also asked Council to flip the backup to agenda items 12b and
12c to correspond with the agenda title.
6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS
23.147 A. Proclamation — Constitution Week — Sentember 17 — 23.2023 — Accented by
Regular City Council Meeting
September 13, 2023
Page 2
Rhonda Rigaud, Pelican Island Chapter Daughters of the American Revolution
Regent; Treasure Coast Society Children of the American Revolution; and Newly
Eligible Voter Abbagael Sullivan
Mayor Jones read the proclamation and presented it to members of the Daughters of the
American Revolution, Children of the American Revolution and Ms. Sullivan.
23.148 B. Proclamation — Hunger Action Month — September 2023 — Accepted by Jazzmine
McKenzie, Executive Assistant, Treasure Coast Food Bank
Mayor Jones read the proclamation and presented it to Sherry Siegfried, Tristan Siegfried
and Maureen Pringle.
23.149 C. Proclamation — National Childhood Cancer Awareness Month — Accented by
Yesica Jure
Mayor Jones read and presented the proclamation to Ms. Yure.
Brief Announcements:
Monday, September 18 - Special City Council meeting for First Public Hearing on the
Millage, Budget, CIP Program and Financial Policies
Tuesday, September 19 — IRC MPO Bicycle & Pedestrian Master Plan Community
Workshops —10: 00am to Noon at the Gifford Youth Achievement Center & 5:30pm to
7:30pm at the Intergenerational Rec Center
Wednesday, September 20 — IRC MPO Bicycle di Pedestrian Master Plan Community
Workshops —10: 00am to Noon at the Vero Beach Community Center & 2pm to 4pm at
the North County Library
Vice Mayor Nunn announced the upcoming budget hearing and bicycling master plan
workshops.
7. PUBLIC INPUT
Ben Hocker, Sebastian Property Owners Association, asked to have a workshop on the
the plans to install a pier for the law enforcement vessels. He also asked if the property
owners could hold a candidate forum at City Hall.
He also expressed concerns that Fedex and Amazon delivery trucks block traffic when
they make deliveries and he asked about the recent increase for solid waste disposal.
8. CONSENT AGENDA
A. Approval of Minutes — August 23, 2023 Regular City Council Meeting
Regular City Council Meeting
September 13, 2023
Page 3
23.150 B. Approve a Lease Agreement between the City of Sebastian and Indian River
County for Usage of Approximately 950 Square Feet of Administrative Space at
the "Historical Old Sebastian Elementary School" and Authorize the Mayor to
Execute the Appropriate Documents (Transmittal, Agreement)
23.151 C. Letter of Support for Local Veterans in Their Efforts to Obtain Quality Health
Care Services from the Veterans Affairs Services Healthcare System in Indian
River County (Transmittal, Letter)
23.152 D. Purchase Two (2) Ford Explorer Unmarked Police Replacement Vehicles for the
Police Department (Transmittal, Quote, Letter of Cancelation)
23.153 E. 2023 National Rifle Association State Fund Grant Application (Transmittal,
Notice, Application)
23.154 F. Approve Shenandoah General Construction, LLC for the Twin Ditches Spillway
Stabilization Work (Transmittal, Quote)
23.155 G. Approve Alcoholic Beverages for the Gonzalez Family Event at the Community
Center on September 23, 2023 from 4:00 p.m. to 11:00 p.m. — Permittee DOB
Verified (Transmittal, Application, Receipt)
23.156 H. Approve Alcoholic Beverages for the Wallace Family Event at the Community
Center on Saturday, December 16, 2023 from 6:00 p.m. to 11:00 p.m. — Permittee
DOB Verified (Transmittal, Application, Receipt)
Mayor Jones asked to pull item B and Council Member Dixon asked to pull item C.
MOTION by Council Member Dodd and SECOND by Council Member McPartlan to
approve consent agenda items A, D, E, F, G and H.
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
Item B — Indian River Countv's Veterans Service Office Lease Agreement
Mayor Jones said he wanted to bring it to the public's attention that he was able to work
out City of Sebastian office space for an Indian River County's Veterans' Service Office.
MOTION by Mayor Jones and SECOND by Vice Mayor Nunn to approve item B.
Roll call: Council Member Dixon - aye
Council Member Dodd - aye
Regular City Council Meeting
September 13, 2023
Page 4
Council Member McPartlan - aye
Mayor Jones - aye
Vice Mayor Nunn - aye
Motion carried. 5-0
Item C - Support for Local Veterans Efforts to Obtain Ouality Health Care Services
Council Member Dixon said she too, wanted to bring it to the public's attention that this
letter would provide support for veterans' services in Vero Beach and Indian River
County.
MOTION by Council Member Dixon and SECOND by Mayor Jones to approve Item C.
Bethany Fortunato, Secretary to the Indian River County Chapter of the Military Officers
Association of America, said her board is very concerned with what is happening at the
clinic and they appreciate what Council is going to do.
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
9. COMMITTEE REPORTS & APPOINTMENTS
Council Member Dodd said there was a good MPO meeting this morning where it was
discussed that they are moving forward on expanding CR 512 to Fellsmere.
23.157 A. Construction Board (Transmittal, Application, List, Advertisement)
i. Fill One Vacant, Alternate Concerned Citizen Position
MOTION by Mayor Jones and SECOND by Vice Mayor Nunn to appoint David Rust to
the Construction Board.
Roll call: Council Member McPartlan - aye
Mayor Jones - aye
Vice Mayor Nunn - aye
Council Member Dixon - aye
Council Member Dodd - aye
Motion carried. 5-0
10. PUBLIC HEARINGS
Regular City Council Meeting
September 13, 2023
Page 5
23.158 A. Fair Housing Training and CDBG Program Review by Dawn Codd. Guardian
Resource Management. CDBG Administrative Services Consultant (Transmittal.
Notice, Svnousis. PPT)
Ms. Codd introduced herself and explained the City is required to have fair housing
training activities to stay in compliance with the grant. She displayed a PowerPoint
presentation explaining the Fair Housing Act. (See attached)
23.158 B. Community Development Block Grant (CDBG) Annual Accounting Amendment
for FY 2021 /2022 Action Plan (Transmittal, Plan, Notice, PPT)
Ms. Codd explained the 2020/2021 Action Plan was going to roll over $130,668.86 that
will enable the City to assist additional homeowners with repairs. (See attached PPT)
MOTION by Council Member Dodd and SECOND by Mayor Jones to approve the
amended FY 2021 /2022 Action Plan. There was no public input.
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
23.158 C. Community Development Block Grant (CDBG) Annual Action Plan for FY
2023/2024 Public Hearing and Adoption of Resolution No. R-23-19 (Transmittal,
R-23-19, Plan, Notice, Award Letter, PPT)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT
2023/2024 ANNUAL ACTION PLAN, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE AND TRANSMIT ALL DOCUMENTS TO THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR CONFLICT;
PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE
DATE.
The City Attorney read the title to Resolution No. R-23-19. Ms.Codd displayed a
PowerPoint for the new FY 2023/2024 CDBG Action Plan. (See attached) She
explained they anticipate in assisting nine homes.
Antonio Jenkins with Guardian Resource Management added that the funding received
for the last three years has serviced about 17 homeowners and this year it will assist with
nine more. Mr. Jenkins advised that homeowners interested in applying for assistance
could be placed on the notification list and those needing help with the application should
contact his office.
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September 13, 2023
Page 6
MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to approve
Resolution No. R-23-19 .
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
23.135 D. Second Readinp- and Public Hearing of Ordinance No. 0-23-08 — Amending the
Code of Ordinances Chapter 110 Waterways (Transmittal, 0-23-08)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, RELATING TO WATERWAYS; AMENDING THE CODE OF
ORDINANCES CHAPTER 110 WATERWAYS; PROVIDING FOR SEVERABILITY
AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read the title to Ordinance No. 0-23-08. The Interim City Manager
said this ordinance was back for a second reading to be in compliance with the grant
application to the Florida Inland Navigational District. It will adjust the mooring period
for governmental boats and bring the code into compliance with local regulations and
state statutes. He said the southern dock area has 26 slips; 20 will be available for the
pubic and the last six slips will be available for the Sebastian Police Department, the
Indian River County Sheriffs Office, Fire and Rescue, and the Florida Fish and Wildlife
Commission. He requested approval.
Ben Hocker, Sebastian, asked if the Sheriffs Office is renting a building on the end of
the pier.
The Interim City Manager explained the City has interlocal agreements with the four
agencies that have boats in the water at any given time and can respond to any incident.
The Sheriffs Department and Police Department did have a boat docked at Mulligan's
however we were notified the rent was going to increase. Once the grant is finalized,
each agency will be paying towards the boat slips, leaving 20 open for public use during
the day.
Council Member Dodd said we are trying to do something for the benefit of the public.
MOTION by Council Member Dodd and SECOND by Council Member Dixon to
approve Ordinance No. 0-23-08.
The Interim City Manager said staff was aware that we received hurricane damage last
November and we are waiting for FEMA approval to make repairs which may be lumped
in together with this project.
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September 13, 2023
Page 7
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
23.159 E. First Reading and Transmittal Hearing of Ordinance No. 0-23-10 — Reauest for
Comprehensive Plan Text Amendment — City of Sebastian Water Suu_ my Plan
(Transmittal, 0-23-10, Plan, P & Z Minutes)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE
COMPREHENSIVE PLAN; AMENDING THE COMPREHENSIVE PLAN
INFRASTRUCTURE AND GOVERNANCE & IMPLEMENTATION ELEMENTS TO
INCORPORATE THE CITY OF SEBASTIAN'S WATER SUPPLY WORK PLAN
(2023-2035) IN ACCORDANCE WITH STATUTORY PROVISIONS IN CHAPTER
163.3117, FLORIDA STATUTES; AUTHORIZING FINDINGS AND
ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN
EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE.
The City Attorney read the title to Ordinance No. 0-23-10. The Interim City Manager
said this was a request for a text amendment to the Comprehensive Plan to adopt a water
supply plan that every local government has to prepare. He explained that staff did not
do this with our recent Comp Plan update because St. John River Water Management
District was in the in the middle of doing a comprehensive plan update and they asked us
to wait.
Madeline Kender, with Kimley-Horn displayed a PowerPoint outlining the Water Supply
Work Plan. (See attached)
The Interim City Manager said this was the first reading and it does have to go to the
Florida Department of Economic Opportunities for review and then and come back to
Council for a second reading and final approval. There was no public input.
The Interim City Manager thanked Kimley-Horn and the Community Development
Department with their help in meeting the requirements and he requested approval.
MOTION by Vice Mayor Nunn and SECOND by Council Member McPartlan to pass
Ordinance No. 0-23-10 on first reading.
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
Regular City Council Meeting
September 13, 2023
Page 8
Mayor Jones called for a recess at 7:25 p.m. and upon return at 7:34 p.m., all members were
present.
23.160 F. First Reading and Ouasi-Judicial Public Hearing of Ordinance No. 0-23-11 -
Reauest for Approval of a Conceptual PUD Plan - River Oaks Preserve
Subdivision (Transmittal, 0-23-11, Staff Report, Justification Statement, Plan,
Survey, Exhibits, Drainage Plan, Letter, Environmental Assessment, Traffic
Statements, Designs, P&Z Minutes)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING A CONCEPTUAL PLANNED UNIT DEVELOPMENT
PLAN FOR A PROJECT KNOWN AS RIVER OAKS PRESERVE, CONSISTING OF
146.5 ACRES, MORE OF LESS, WITH A ZONING DESIGNATION OF PUD-R
(PLANNED UNIT DEVELOPMENT RESIDENTIAL) AND A LAND USE
DESIGNATION OF VLDR (RESIDENTIAL VERY LOW DENSITY, 3 DU/AC),
LOCATED SOUTH OF LANFAIR AND LIGHTHOUSE AVENUES, AND NORTH
OF CR 510 & CITRUS HIDEAWAY SUBDIVISION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the title to Ordinance No. 0-23-11. The City Attorney said there
should be a form in front of them to fill out if they have had any outside site visits,
investigations or any outside expert opinions to include conversations or emails outside
of staff.
Council Member Dodd said he visited the area twice and has emails. Vice Mayor Nunn
said he has visited the neighborhood. All members said they would fill out the form and
submit it afterwards. The City Clerk swore in all who would provide testimony.
Council Member Dodd noted many of the audience members did not take the oath. The
City Attorney advised that those individuals who were planning to give testimony that
they would like the board to consider as substantial competent evidence should be sworn
in as well. The Clerk swore in the remaining audience members.
Jim Vitter, P.E., BGE, Inc. displayed a PowerPoint indicating the location of the property
north of CR510 which is proposed to have 352 detached single family units at a density
of 2.4 units per acre. (See attached) The public benefit of the property is preserving
existing wetlands to be enjoyed by the residents, a potential Shakespeare Road extension,
additional open space, cluster housing and native vegetation. The proposed entrances are
proposed to be off of CR510 and off the Shakespeare extension.
He went over in detail the cluster housing concept and noted the single family traditional
homes would be in a gated community.
The Community Development Manager said the applicant has requested a PUD zoning.
In 2004 the when the project site was annexed in, a conceptual plan was submitted and
PUD-R zoning was received but it has since expired; before them tonight is a new PUD
conceptual plan to be adopted by ordinance. She said the Planning and Zoning
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September 13, 2023
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7: 54 pm
Commission recommended approval with the conditions as cited by staff. She asked that
the staff report be entered into the record.
She said the report included items that should be considered by Council such as comp
plan consistency as well as requirements they have to meet. She said with the PUD
process, the code allows them to negotiate the minimum lot sizes and count driveways as
parking spaces and in exchange for that consideration, they will offer some amenities
such as another 25 feet buffer around the St. Johns wetlands, public trails, right-of-ways
for FDOT and on the eastern side they are offering a 50 ft. right-of-way extension for a
Shakespeare Street extension up to their entryway with another 25 ft. dedication north of
that. The next step will be the preliminary plat where the City will receive the full traffic
analysis.
In the middle of the property there is a canal owned by the Sebastian River Improvement
District who will be requiring a few things for the drainage plan. The City has requested
that if there are significant changes required by the district, the plan be brought back to
Council.
She said staff did include the comprehensive plan policies that require connectivity with
the streets and other properties to follow good planning principles. Some of the
recommended conditions are that if the single family lots abut a conservation area that a
fence be installed.
She read the five conditions on page 169 of the agenda and said staff recommended
approval with the conditions.
Mayor Jones said he could not support this if Shakespeare goes all the way south through
to CR510. He also said the emergency exit on Lanfair should stay in perpetuity. The
Community Development Director advised that Shakespeare was not wide enough for
two way traffic.
Mayor Jones asked if there would be sidewalks or street lights on Shakespeare going
south to CR510. Mr. Vitter said there is a sidewalk and they could discuss street lights.
Vice Mayor Nunn said he was not for opening Shakespeare south to Shakespeare north as
he didn't see a benefit to the community for it. He said he could see a problem down the
road with the cluster home parking because many people use their garages for storage
units so the residents will use the extra visitor parking spaces. He would like to end
Shakespeare where it is now and not connect it between the two communities.
Council Member Dodd said he liked the cluster housing concept. He noted if they want
to build workforce housing they have to give up the footprint and have smaller lot sizes.
He said he concurred with the conversations about Shakespeare, Lighthouse and Ocean
Breeze because they can't handle two-way traffic.
He said he would like to obtain the right-of-way but noted that 25 feet is not enough for a
two-lane road. He suggested that before the City does any determination to move traffic
Regular City Council Meeting
September 13, 2023
Page 10
from any new subdivision, the City should put together a budget to expand those streets.
He said he did understand the need for emergency access and secondary emergency
access in case there was a storm.
Vice Mayor Nunn asked if they could they put locked metal gates at the south end.
Council Member Dodd said he didn't see anything wrong with putting a locked gate at
Lighthouse Avenue. The Community Development Manager stated if Shakespeare was
closed for 750 feet, it sounded like they would still want the 25 feet dedicated and she
suggested putting in a stabilized base so residents could use those trails. She also advised
that to the east is 20 acres where 25 feet is coming from another developer, so they have
to be careful they don't land lock that property.
Council Member Dodd said he likes the subdivision; he would like to add to the motion
to accept the 25 foot of right-of-way and to take care of it within 24 months of the
construction beginning.
Council Member Dixon said she would like to workshop this with the ideas to make sure
residents understand 100% of what they have been discussing tonight. Mayor Jones noted
that most of the residents present were concerned about not opening up Shakespeare which isn't
going to happen now.
Council Member McPartlan said he was comfortable with Shakespeare running into Lighthouse
to stay the same. He did however, share Vice Mayor Nunn's concern with homeowners not using
the garages for parking. He said he was not comfortable voting until he sees everything discussed
in his hand.
8: 27 pm Public Input
Sherrie Matthews, Sebastian, said the subdivision is wonderful but Shakespeare has never
been designed to be an artery. She said that where the lake is, at Ocean Breeze and
Lanfair, where it is two-laned, if the lake hasn't been started, she asked why the entrance
can't be placed there. She noted the foundation of 2040 Comp Plan is to maintain the
quality of life that the residents have come to expect and enjoy. She also suggested they
just go with the one emergency entrance and make CR510 the entrance.
Vicki Drumheller, Joy Haven Drive, said the one-way street brings neighbors to this
location for walking and they cherish this piece of paradise. She asked what the cost is to
the existing residents and requested the project be sent back to the Planning and Zoning
Commission.
Dr. Jeff Carrier, Lanfair, said the proposal offered tonight should be an emergency
ingress/egress in perpetuity but they will see something different soon with Cross Creek.
He asked that the project be transmitted to the Natural Resources Board for comments.
Brian Fisher, 1717 Shakespeare, said people come down Shakespeare the wrong way all
the time. He asked Council not to change the road at all.
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September 13, 2023
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8: 56 pm
Jose Barrados, Sea Shore Avenue, said he has heard an emergency entrance is proposed
but those that live there don't want it to be connected.
Paul Jamieson, Yearling Trail, said Section 8, workforce housing, and cluster apartments
will bring blight and crime; this is not a good fit. He said he is trying to stop New
Yorking his Florida.
Diane Spanoglia, cited a 2000 City Council Resolution that made Shakespeare,
Lighthouse, and Ocean Breeze a one way street. She asked that it stay that way.
Donna Greco, Cross Creek, said this project should be nixed as it will bring in rental
properties and crime.
Mindy Servis, Joy Haven, said she opposed this project because of the continual
increasing density and impact to neighborhoods which are so special.
In response to the public comments, Mr. Vitter said there is a significant buffer on Light
House that they plan to preserve and they are offering a lower density than what they
could have. They are also providing additional amenities in exchange for the cluster
homes that will provide market rate housing. He noted the garages will be two car
garages.
The Community Development Manager said the previous PUD plan only had a 50 ft.
buffer in the northeast corner but this plan has a 125 ft. buffer along Lighthouse; and
there are seven to eight additional parking spaces for the cluster homes. She said this was
the first reading with five additional recommendations from staff and three from the
Planning and Zoning Commission. She asked for a motion to schedule the second
reading with how they would like to tweak the recommendations.
Council Member Dixon said given the many questions and the economy, she didn't see a
need to rush this. She suggested they workshop this item.
Council Member McPartlan said he thought they should take their time. He thanked the
Community Development Manager and the Planning and Zoning Commission for the
hard work they have spent on this. He said we may not like what they say but he asked
them to respect the work they do. He said they should look at opportunities when they
come in because the largest growing homeless population is single, elderly women and
his children have been priced out of the Sebastian home market.
Vice Mayor Nunn said they were following the proper legal process; it was too hard to
know where the market will be in a few years but right now there are no other rental
opportunities.
Council Member Dodd said he understood Council Member Dixon's need for more time
but he didn't think they could do a workshop on this. There was no way that the impact
of having the development on CR510 would outweigh having an impact on the
neighborhood along Shakespeare and the other streets.
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September 13, 2023
Page 12
He said if we gate off at the northern end, stabilize the right-of-way and keep the gate in
perpetuity for emergency access, he believed they were protecting that neighborhood. He
said he didn't want to open Shakespeare up past Lighthouse.
MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to approve
Ordinance No. 0-23-11 with the following conditions:
A. In areas where a residential property line abuts a wetland buffer
area or conservation tract/easement, a 3-4 foot high fence will be
required, i.e. a conservation or split -rail type fence, to establish
the specific boundary and prevent encroachment of accessory
residential activities
B. Wetland buffer areas, notably in the NW corner, that
encroach into proposed residential lots will be required to
mitigate, one square -foot for one square -foot, to an
applicable, alternative area within the PUD and must be
shown on the Preliminary Plat
C. Alternative ground covers (vs. gravel) for the trails adjacent
to the wetland buffer areas shall be considered
D. The 720 feet of 25 foot right-of-way would be stabilized
and a gate would be placed at the juncture of Lighthouse
and Shakespeare and that gate would remain emergency
access only in perpetuity
E. If the final drainage plan, after working with SRID,
modifies the conceptual design considerably, the
conceptual PUD Development Plan will need to be
reconsidered by the PZ Commission and City Council
F. The developer/HOA shall be required to maintain the
public amenities in perpetuity
Roll call: Council Member McPartlan - nay
Mayor Jones - aye
Vice Mayor Nunn - aye
Council Member Dixon - nay
Council Member Dodd - aye
Motion carried. 3-2
9:15 pm
MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to extend the meeting to 10:00
p.m. There was a consensus to extend the meeting until 10:00 p.m.
Council Member Dodd started to recall his motion on Ordinance No. 0-23-11 to include the date for the
second reading but it was determined that the meeting date did not need to be in the motion.
Mayor Jones announced the second reading and public hearing for Ordinance No. 0-23-11 will be
October 11 `h.
11. UNFINISHED BUSINESS
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September 13, 2023
Page 13
23.098 A. Citv Manager's Emplovment Agreement (Transmittal, Agreement)
MOTION by Council Member Dodd and SECOND by Council Member McPartlan to
approve the City Manager's Employment Agreement.
In response to Vice Mayor Nunn, the Interim City Manager said he was happy with the
agreement. There was no public input.
Roll call: Mayor Jones - aye
Vice Mayor Nunn - nay
Council Member Dixon - aye
Council Member Dodd - aye
Council Member McPartlan - aye
Motion carried. 4-1
Because of the vote, Council Member Dodd proposed that they provide a City vehicle to
Mr. Benton for use within 75 miles of City utilizing standard accounting procedures
whereby he could use it to go his residence and if he needs to go outside 75 miles for
business that would come to Council.
Vice Mayor Nunn said he wanted to understand why an employee of five years was
trusted less than the City Attorney who they just hired. He said that the City Attorney's
contract read exactly as the City Manager's first contract and there was no outrage that
the Attorney was going to take advantage of the City; but because the previous City
Manager took advantage of his contract this has put a cloud over Mr. Benton's head.
Council Member McPartlan noted they approved the contract two weeks ago and they
just approved it again. Mayor Jones said he too was baffled since he renegotiated the
contract that Mr. Benton agreed to.
Vice Mayor Nunn said they have heard many times that the contracts are to be the same
and he asked why they wouldn't treat Mr. Benton with kid gloves when they are doing it
with the City Attorney.
In response to Council Member Dodd, Mr. Benton said he would sign the contract the
way it is.
Vice Mayor Nunn said he was unhappy in putting Mr. Benton under a microscope as to
what uses he has with the vehicle when they aren't doing it with the City Attorney.
Council Member Dodd said he questioned the original contract because it provided Mr.
Benton an auto plus an allowance which isn't standard. Two and a half months ago, four
Council Members chastised the previous City Manager for driving a City vehicle within
his contract right to the west coast. As a result this Council agreed to provide the City
Manager an allowance.
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September 13, 2023
Page 14
Council Member Dodd said at the last meeting, he offered to give Mr. Benton implicit
use of an automobile but that wasn't acceptable to Vice Mayor Nunn who put a motion
into play. He said he supports Mr. Benton 100%. When that contract came forward, we
basically forced the last City Manager to resign because of pressure from the use of the
car and we decided to give the next City Manager an allowance.
In response to Mayor Jones, Mr. Benton said Council Member Dodd was correct; he did
not sign the contract and wanted to fix some elements such as using the vehicle during an
emergency. He said he was happy with the contract presented tonight and will sign it
going forward.
Vice Mayor Nunn said the disparity was that the City Attorney has the same contract and
he asked why the Attorney's contract wasn't a problem as well. Mr. Benton said he
would meet with the Mayor and sign the contract to move on.
B. Resolution R-23-21 — Authorizing the Sebastian City Council to Participate in a
Joint Meeting with the Indian River Board of County Commissioners
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, AUTHORIZING THE SEBASTIAN CITY COUNCIL TO PARTICIPATE
IN A JOINT MEETING WITH THE INDIAN RIVER BOARD OF COUNTY
COMMISSIONERS TO DISCUSS AND PLAN MATTERS OF MUTUAL INTEREST;
AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the title to Resolution No. R-23-21 and the City Manager advised
that this was required in accordance with Florida Statutes and he announced the meeting
has been scheduled for September 21" at 10:00 a.m. at the North County Library. There
was no public input.
MOTION by Council Member McPartlan and SECOND by Council Member Dixon to
approve Resolution No. R-23-21.
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
12. NEW BUSINESS
23.161 A. Adoption of Resolution No. R-23-20 — Amending Resolution R-19-20 Building
Permit Fee Schedule and Providing for Reduced Permit Fees for Proiects Using a
Private Provider (Transmittal, R-23-20. F.S.553.791(2)(b)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING
RESOLUTION NO. 19-20 BUILDING PERMIT FEES SCHEDULE, AS REQUIRED
Regular City Council Meeting
September 13, 2023
Page 15
PURSUANT TO CITY OF SEBASTIAN CODE OF ORDINANCES SECTION 26-81;
PROVIDING FOR REDUCED PERMIT FEES PURSUANT TO FLORIDA STATUTE
SECTION 553.791(2)(b) PROVIDING FOR CONFLICTS, SEVERABILITY,
SCRIVENER'S ERRORS AND AN EFFECTIVE DATE.
The City Attorney read the title to Resolution No. R-23-20. The City Manager said this
was amending an existing resolution with regard to the building fee schedule. There was
no public input.
MOTION by Council Member Dodd and SECOND by Council Member McPartlan to
approve Resolution No. R-23-20.
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
23.097 B. Memorandum of Understanding (MOU) between the Citv of Sebastian and the
International Union of Police Associations (IUPA), AFL-CIO, Locals 6054 and
6056 — Amending Article 20.2 Rates of Pav to be Effective October 1, 2023
(Transmittal, MOU)
The City Manager reminded everyone that this item was in regard to the agenda backup
on pages 271 and 272 related to the general employees. He said a few months ago
Council directed him to look into what staff was being paid and after discussions with
each union he requested authorization to sign the MOU.
MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to approve the
MOU for the general employees. There was no public input.
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
23.097 C. Memorandum of Understandin
International Union of Police
Amending Article 15.2 Rates
(Transmittal, MOU)
(MOU) between the Citv of Sebastian and the
Associations (IUPA). AFL-CIO, Local 6053 —
of Pay to be Effective as of October 1. 2023
The City Manager again, reminded everyone that this MOU was related to pages 269 and
270 of the agenda backup; it raises the starting salary to $50,000 a year for police officers
and will help take care of the City's existing officers.
Regular City Council Meeting
September 13, 2023
Page 16
MOTION by Council Member Dixon and SECOND by Council Member McPartlan to
approve the MOU with the Local 6053. Someone gave a thumbs up from the audience.
Roll call: Council Member McPartlan - aye
Mayor Jones - aye
Vice Mayor Nunn - aye
Council Member Dixon - aye
Council Member Dodd - aye
Motion carried. 5-0
13. CITY ATTORNEY MATTERS
The City Attorney said she would like to discuss some potential changes and codification
of some procedures; as well as receive direction with regard to some recent events with
board members.
14. CITY MANAGER MATTERS
The City Manager recognized the Chief Financial Officer and Human Resources Director
for their work on item 12 b and 12C.
He also reminded everyone of the upcoming budget hearing and joint meeting with the
Indian River County Commission.
He thanked Council for the opportunity to move Sebastian forward with his new contract.
15. CITY CLERK MATTERS - None
16. CITY COUNCIL MATTERS
A. Vice Mayor Nunn thanked staff for their hard work.
B. Council Member Dixon - None
C. Council Member Dodd - None
D. Council Member McPartlan - None
E. Mayor Jones said recently a number of people have spoken to him on how well
they've been treated by staff. He asked that everyone keep up the good work.
17. Being no further business, Mayor Jones adjourned the Regular City Council meeting at
9:45 p.m.
Regular City Council Meeting
September 13, 2023
Page 17
Approved at the
Mayor Fred Jones
ATTEST.•
anette Williams
Regular City Council meeting.
Amended Action
Plan
zo2i -Zo22
10/07/21.9/30/22
City of Sebastian
and
Guardian Community Resource
Management, Inc.
September 13, 2023
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Action Plan
2023=2024
City of Sebastian
and
Guardian Community Resource
Management, Inc.
September 13, 2023
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Work Plan
MOF
HOME OF PELICAN ISLAND
Overview of Presentation
• What is a Water Supply Plan?
• Elements of the City of Sebastian Water Supply Plan
• Findings from the Water Supply Plan
• Effects on the Comprehensive Plan
• Proposed Amendments
• Next Steps
What is a Water Supply Plan?
The purpose of the Water Supply Plan is to identify
and establish future water demands and potential
water sources to assist the St. John's River Water
Management District in creating a framework for
future water management decisions in the District.
The plan assists in identifying and prioritizing Capital
Improvement Projects to meet demands while
promoting conservation efforts and maintaining
adequate supply.
required by Florida Statutes Chap 163.3177(4)(a) &
(6) (c)3
City of Sebastian
Water Supply Work Plan
(2023-2035)
Elements of the City of Sebastian
Supply Plan
• Summary and Analysis of the existing water supply conditions
• Projected Population and Potable Water Demands
• Demonstration of compliance with Local, Regional, and State
Conservation Efforts
Wate
• Affected Goals, Objectives, and Policies in the Comprehensive Plan
• Relevant Projects from City Capital Improvement Plan
Findings from the Water Supply Plan
Population projections from the Water Supply Plan analysis support
projections in the Comprehensive Plan. The population is expected
to grow at an average annual rate of 8% through 2040
Water Supply resources provided by Indian River County are
sufficient to accommodate projected water demands for the
foreseeable future within the City of Sebastian City Limits.
The City will continue to strive to implement programs and policies
such as Sustainable Sebastian to improve storm water runoff and
limit impacts to the Indian River Lagoon and the St. Sebastian River
Effects on the
Comprehensive Plan
Per Florida Statutes Chap 163.3177(6)(c)3:
Local governments are required to prepare
and adopt a water supply facilities work
plan into their Comprehensive Plan within
18 months after their respective Water
Management District approves a Regional
Water Supply Plan.
�i
Proposed Amendments
• Updated references to reflect the most recent Water Supply Plan
• Add Objective 4-1.6 to the Infrastructure Element. This Objective
explains the Cityisrequirements to maintain a Water Supply Plan as
required by Florida Statutes
• Add Policies under Objective 4-1
maintain a Water Supply Plan
• Update language to
terminology
Policy 7-1
6 that explain what is required
3 to the correct Water Supply Plan
Proposed Amendments - Objectives
and Policies
"OBJECTIVE 4-1.6: Water Sut)nly Plannina. The Citv shall plan for its water needs and
maintain a Water Suonly Farilities Work Plan as reouired by Florida Statutes
Policv 4-1,6.1 r Pafticination in Indian River Countv's Water SWIv Plannina Efforts, The
Citv will monitor and oarticinate. as necessary. in Indian River Countv's water suoolv olannina
process to ensure that the Countv's utility accounts for and meets the Citv's current and future
water needs.
Policv 4-1.6.Z: Maintain a Water Sunolv Facilities Work Plan. The ON shall maintain a
Water Suooly Facilities Work Plan (Work Plan) that is coordinated with SJRWMD's Central
Sorinas /East Coast Regional Water Suon1v Plan (CSEC RWSP). The Work Plan and related
comprehensive olan oolicies shall be undated. as necessary. within 18 months of an update of
the CSEC RWSP that affects the Citv. in accordance with Section 163.3177(6)(c)3, F.S.
Poli5y 4-1.6.3: Water Supply Facilities Work Plan. The Citv's 2023-2035 Water Supplv
Facilities Work Plan. oreoared by Kimlev-Horn and Associates. Inc.. Auausl 2023. is herebv
adonted by reference and incorporated into the comprehensive nlan.
Policy( 4-1.6.4: Water Sy p,olv Facilities Work Plan Content. The Water Supply Facilities
Work Plan shall idenlifv the traditional and allernative water suoolv�roiects. alona with the
water conservation and reuse practices. necessary to meet existing and future water
demands."
Proposed Amendments - Objectives
and Policies
"Policy 7-1.1.3 Coordination of Development and Growth Management Issues. The City
shall pursue resolution of development and growth management issues with impacts
transcending the City's political jurisdiction, by participating in the Indian River County
Metropolitan Planning Organization (MPO) Technical Advisory Committee. Issues of regional
and state significance shall be coordinated with the regional or State agencies having
jurisdictional authority as applicable. Issues to be pursued include but are not limited to the
following:
• Participate in the development of updates to the SJRWMD's Water Supply Assessment
and 8iskisi 2&iional Water Supply Plan: and in other water supply development -related
initiatives facilitated by the SJRWMD that affects the City."
What are the next steps for approval?
City Council Reviews
Amendments and
Delivers to State
Agencies
State Agencies (DEO
and SWFWMD)
Review
Amendments
City Council Reviews
and Adopts
Amendments and
Questions?
CRYOF
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN
REPORT OF EX-PARTE COMMUNICATION,
SITE VISIT, INVESTIGATION OR EXPERT OPINIONS
This form is to be filled out, signed and delivered to the recording secretary of the
Council, board, commission or committee for disclosure on the record at the quasl-
judicial hearing to which it applies.
Date of Communication: Seri- ° 05 +h , 20' 3
Person or Group: /Rr110-0LShe
Quasi -Judicial Action:
Type of Communication: Oral Written Site Visit -V/—
Investigation Expert Opinion
Substance of communication (If written, attach copy; otherwise describe):
n, rN of A-C)L 1V-e rf
2 �A-rP ri? A C�e_ ,
Signature of Public Official:
Date: G 1) 13 i 2 -2,
rvl-e t i`)4,4_r-e <' h-P 1, '� (? CJ
nl-)nia-1 4-he i Y
Note: The completed form should be attached to the meeting minutes and filed In the
record file.
CITY OF SEBASTIAN
REPORT OF EX -PARTS COMMUNICATION,
SITE VISIT, INVESTIGATION OR EXPERT OPINIONS
This form is to be filled out, signed and delivered to the recording secretary of the
Council, board, commission or committee for disclosure on the record at the quasi-
judicial hearing to which it applies.
/ # �
Date of Communication:
Person or Group:
Quasi-judicial Action:
Type of Communication: Oral Written Site Visit
Investigation Expert Opinion
Substance of communication (If written, attach copy; otherwise describe):
r f'iL�•fr -r " CL�l�
Signature of Public Official: � � --Erpd Janes
Date: 12VA
Note: The completed form should be attached to the meeting minutes and tiled in the
record file.
CITY OF SEBASTIAN
REPORT Of EX -PARTS COMMUNICATION,
SITE VISIT, INVESTIGATION OR EXPERT OPINIONS
This form is to be filled out, signed and delivered to the recording secretary of the
Council, board, commission or committee for disclosure on the record at the quasi-
judicial hearing to which it applies.
Date of Communication:
Person or Group: JI�-
Quasi-judicial Action: /
Type of Communication. Oral Written Site Visit
Investigation Expert Opinion
Substance of communication (if written, attach copy; otherwise describe):
1� M Pic-Ve� 1 T VA -Q G p -Py-\ ✓1
(V I s o roc �f v ems? Q-e v -a- q-� .Q - tea; l s , c op � -eA
Signature of Public Official: 0, �740�
Date:
Note: The completed form should be attached to the meeting minutes and filed In the
record file.
Ed Dodd
/0011 From: scarmine711 @gmail.com
Sent: Friday, September 8, 2023 3:09 PM
To: council
Subject: Cross Creek addition
CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY
attachments or clicking on links. ESPECIALLY from unknown senders.
Dear Council members,
Myself and my concerned neighbors attended the Planning & Zoning meeting last night at city hall regards to the Cross
Creek subdivision that will have 35 homes built.
We were told this subdivision is considered a new subdivision instead of being allowed to be called phase II.
We are not apposed to the new homes being built we have concerns about the required second entry/exit that is being
proposed to be built at Shakespeare Street and Lanfair Avenue. I have lived on Shakespeare Street for 20 years myself
and my neighbors are very concerned about more traffic coming out onto Shakespeare Street which you are aware is a
very narrow one way street.
Last night one of the committee members asked the developer can't they consider looking into making the existing
emergency exit a permanent entry/exit which is located several feet away South of the main entrance to Cross Creek on
Powerline Road The developer replied they had never looked into this matter and they weren't able to answer the
question at this appropriate time.
She had asked the developer if the city code was the only issue regards to stopping them from making the emergency
exit into the second entrance/ exit and the developer could not give an answer.
This would be a better solution to have the existing emergency exit widened and made the second entrance/exit for the
additional 35 homes that will be built.
In my opinion Powerline Road has less homes built in the surrounding area then on Shakespeare Street and Lanfair plus
Powerline Road would be better access for the homeowners who live in Cross Creek to get in and out of there were an
emergency
Thank you for coming out to drive around my neighborhood to see what our concerns are regards to the proposal of
extending Shakespeare Street South to CR-510. Again, we are not opposed to the new River Oaks subdivision being built
we don't see any reason for the berm/wetlands located at Shakespeare Street and Lighthouse Avenue to be removed for
our road to be extended to CR-510. This will invite excessive traffic from close neighborhoods to take Shakespeare Street
on our narrow roads to get to CR-510 instead of taking Powerline Road.
We hope that you will take into consideration to leave the berm stay and let the builder to build a one way street on the
other side of the berm out to CR-510. We know a landowner has the right to develop on his/her land.
We look forward to seeing all of you at the Wednesday, September 13th, 2023 council meeting.
Thank you for all you do for our city and thank you for taking the time to discussing this issue with the second entrance
/ ""1 proposal to being built at Shakespeare Street and Lanfair Avenue.
Sincerely,
Scott Carmine
Sent from my Whone
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Ed Dodd
From: D SPAGNOLIA <dougdgt@bellsouth.net>
Sent: Sunday, September 10, 2023 8A8 AM
To: Ed Dodd
Subject: Upcoming City Council Meeting
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attachments or clicking on links. ESPECIALLY from unknown senders.
We are not asking for a rejection of the proposed development. We are asking for an acceptance with one exception. The exception is
the removal of the proposed oneway street from Lighthouse to the development's Shakespeare entrance.
The residents of this development would not be able to use this street. Cross Creek just voted in an emergency exit at
Lanfair/Shakespeare. This is not an entry so Cross Creek residents would not use this street. Our neighborhood does not need
this street.
The planning department keeps saying that in the future Shakespeare will be 2 way street from Lanfair to 510. Cross Creek boundary
extends about 4 ft beyond the Lanfair intersection so this is not possible per municode. Also, if extended to 510 Shakespeare would
no longer be a local road. Per municode it would have to be widened from its current width ofl0 ft to 12 ft. This would have to be
done by the city. The expense of all that would not be justified when all entities do not need the road going to 510
As the one way road proposed in this development's plat can not and will not be used by the residents of this development it should be
eliminated from the plan. Please vote for acceptance with the exception of this road.
Thank you
00\
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City council meeting notes:
To the City council members, I made some notes after watching the River Oaks expansion meeting and
attending the meeting on the Cross creek emergency exit. I will be at the next meeting on those topics
but wanted to email out my concerns. I was fairly shocked by the proceedings as it was my first time
attending a zoning/planning meeting and my general take away is it's all predetermined, public I put
seems no more than a nuisance to the proceedings and the chairperson does a very poor job as a public
servant. No on considers the publics message and there wasn't one person in 2 meetings I watched an
attended that wanted this expansion on Shakespeare/Lanfair, yet the planning commission voted YES on
both accounts. In my bullet points below I'm looking at both the Cross Creek exit AND the River Oaks
expansion of Shakespeare to 510. The one main think I'd like to make clear is I'm not against
construction/expansion but there is no good reason to ruin the quality of life and property value of
those of that live on Shakespeare/Lanfair neighborhood just to make it more convenient to drive
through our neighborhood. First and foremost, consideration should be incumbent upon the builders
and City planning to leave existing neighborhoods intact and come up with solutions that don't affect
those of us that bought our homes in the location they are in for a reason. We came to Sebastian to get
away from the bigger cities and heavy traffic and now you're planning on putting a through pass on my
front door that will increase traffic on a one-way street who knows how much, drops my property value
and now I live on one of the busiest streets in town just because folks want to put in new subdivisions.
• Builders lawyer says the city is asking for the emergency exit to Shakespeare. Lawyer says it's a
city requirement. Why does it have to be on Shakespeare/Lanfair? Why can't you use the
existing emergency exit on powerline and make it into a regular entrance/exit. This is a very
simple solution that meets the city, public and builders needs without affecting putting extra
traffic on existing roads or interrupting existing neighborhoods. Why is this not first and
foremost the focus and solution? Why does both the builder and the city construction expert
Dory both agree with using Shakespeare/Lanfair? Sure, seems predetermined.
• The lawyer boasted that Fisher built power line road on their own dime. If powerline wasn't
built, we would just use the existing Shuman Road and leave the hours 2 mins earlier.
Powerline when built was a dirt road, it was extended to 510 at builder's expense. I didn't ask
for it as a need and quite honestly, I don't use it myself as its too hard to make a left at 510. 1
just take Shuman on the way to Vero. If I need to get to 95, 1 take EXISTING roads to 512 to 95.
More importantly when Powerline was built it wasn't built on a road that had residential houses
already built. If you want an extension to 510 or a second entrance /exit to Cross Creek, then
build your road where people don't already live. This should be the number one consideration
and it seems like it's an afterthought. Your expansion is affecting the quality of life and
property value of all those that live currently in that neighborhood and at the cost of what?
A
People with more money in a richer private neighborhood need more space. Builders need to
make more money by using our road instead of building one in their planned subdivision. eollb)
This is not right and it's what we have a City Council to prevent.
• New subdivision needs 2 entrances River Oaks. Why not have both on S10 and build a u-shaped
road with access to both entrance/exits? Reason you won't is it takes up lot space and you
want that lot space to sell more house. Fueled by money and greed, not public good.
• Why would you choose Shakespeare as a throughway. It's probably the worst place in the
entire city to expand to 510. Small, one way, no sidewalks and you are routing heavy traffic to a
small one-way street. Common sense would be picking a better candidate. Common sense
doesn't seem to be in play here.
Chairperson is extremely rude, condescending, talks down to other people. Then puts words in
our mouth and tells us to be quiet or leave if we defend ourselves. Step one in this process
should be to replace the chairperson with a fair and equitable person that knows what the term
public servant means. Example: It means putting public interests first — ahead of personal
interests. I don't care if you worked for the city for 50 years or 500 years it doesn't give
you the right to be rude, condescending, and downright mean to people for no good
reason. Chairperson said this last meeting "you can't stop your neighbors from doing
something with their property" sounds loud and clear that you have already made up
your mind, are in favor of the builders and you think that the public portion is just a /'o�
nuisance. I have to say these things in an email because the chair person will close the
public portion, put words into others mouths they didn't say, bang the gavel and tell us to
be quiet or leave. III say again Chairperson, public servant should be fair and equitable
to get that position in the first place clearly you are on a power trip. Watch the meeting
and see how she treats others. Absolutely the worst public servant I have ever seen.
• Rick Carter Planning commission. Didn't say a word the whole time, had no questions and yet
cast the deciding vote to approve 4-3. Ricks mind was made up well before any of these
planning meetings took place. Where is Ricks impartial outlook and openness to listen to the
residents' concerns? And questioning the builders plans? Nonexistent is the answer.
• Can we request all email conversations, meeting notes between the builders and the zoning
planning board? Including Dory? Is this public record? This all seems pre -determined to go
through without any thought to the citizens in the neighborhood and I'd like to see if there is
any proof of collusion on the builders/ city planners that should be public record.
• One of the Zoning folks asked a great question. Why not use your existing cross creek
emergency exit and make that the second exit/entrance. Also of note: why did you build cross r,4�
creek with only one entrance? Why didn't you fix that problem in the planning and
P"'1 implementation of that subdivision? Why are you now pushing off that problem onto the
people who live in the Shakespeare/ Landfair subdivision area?
• Why is Dory the Community Development manager in lockstep with the builder? In every
instance in every case Dory is 100% in agreement with the builders. She claims to have "city
code" as her reason behind everything but always sides with the builder. If that's not the
definition of "conflict of interest" I do not know what is. For a person like me that came to a city
planning meeting for the first time I would have no idea that Dory worked for the city. Seems
more like an employee of the builder.
• To the city council member (I think Linda Kitchen)? that said "this is about city code and not
emotion" what if they planned to come down your street and extend that to 510. Increasing the
traffic on your nice quiet, quaint street tenfold. AND decreasing your property value. This
planned extension is costing the homeowners money in property value. No one wants to buy
and live on a busy through fare. Why did you move to Sebastian? Did you move here so that
they could turn a quiet residential street into a busy throughfare to a major road? I moved to
Sebastian to live in a quiet town and to get away from busy streets and traffic.
• Has there been a traffic survey done to estimate or predict the traffic flow that would increase
dramatically on Shakepeare/Lanfair and other roads? Does anyone have any idea how much
traffic would increase. This should be well thought out and explained. A comment was 1700
trips per day out of Cross Creek what about the countless thousands of other trips through the
Shakespeare/Lanfair area where everyone will use our streets as a cut through?
• Thank you to the civil engineer on the board Sara Battles and Dennis Haddix. They asked
relevant important questions (to which the builders and Dory had no answers)1. What is the
size of this planned intersection, why can't you use the existing emergency exit (solution that
would work for all but keeps getting turned down for no good reason) and for asking about
where the money goes. Great things to be thinking about and questioning. Answers from Dory
and builders. Umm I don't know. or ill get you that information or in the case of the question
where the fee money goes to from the builder Dory said the money goes to the parks and
recreation and general budget for that same area. How are you going to build a park Dory when
you just built a subdivision and a throughfare on that site which is private, and no one can use
unless they lived there? Where does that money REALLY GO?
• Finally, when cases like this take place, everyone should be asking one major question? who
benefits? Cross creek gets a second entrance. Which should already have been built when the
subdivision was built. The residents there get another access out of there sub. Find another
one without ruining your neighbor's quality of life and property value. The builder, they
benefit from developing land, benefit by taking a quiet, quaint road away from the residents
who live there and for what? The almighty dollar. Why not build your new subdivision with 2
entrances to 510? You lose lots you could sell instead of building a road for your subdivision.
Don't touch Shakespeare or Land fair there is no reason to. Maximizing profits once again at the
cost of the residents of the Shakespeare Subdivision. The city? They get a new sub, make the
more expensive homes happy, raise property taxes, and benefit from added income stream.
Once again at the cost of the residents of the Shakespeare subdivision.
WHO DOES NOT benefit? I think that has been made abundantly clear. Those who do not
benefit is anyone who lives on or near the spot for the Shakespeare expansion. WORST of all the
people who live on Shakespeare itself. We have showed up to all of these meetings explaining
clearly why we do not want this and yet city planning seems to have already made up their
mind.
Dory said that the average of the parent subdivision and extension is —10 trips a day which is
1700-time pers day one entrance/exit will be used. That sounds like at a minimum you're
opening up Shakespeare/Lanfair to 1700 more cars on it every day. Dory also already is talking
about extending Shakespeare to 510 which isn't part of this issue but sounds like its already
prepping for that. Again, looks very predetermined... Dory is treating it like an extension from
Shakespeare to 510 is already a done deal. Quite shocking really. And her comments on "you
just have to come out of cross creek and turn left to get to 510. And no one else in the entire
city or all the other neighborhoods are just going to bypass Shakespeare and drive around? NO
NO 1000 time NO this opens Shakespeare up to be the "1-95 of Sebastian" EVERYONE will use it.
You are picking a small, quiet, residential road and making it an expressway for 1000s of cars
every day just based on "it's close to 510"? build a different road out of cross creek directly to /0061
510 and don't piggyback your construction effort on an existing neighborhood. Is there no city
ordinance that says leave the existing neighborhoods alone when building new construction?
Comments from folks that spoke in the second meeting for Cross Creek exit.
Tony — doesn't make sense, no room.
Jeff - extra traffic from all sides
Heather — losing community, too small,
Amy Speak - too small, gets blocked easily.
Diane Spagnolia - main point no room
Donna Greco - cross creek doesn't want the emergency exit. Worried about the gate. Take it
down yearling trail NE and extend it there. She doesn't want new development in her own
neighborhood. Decrease in property values.
Tammy - blind spot, Shakespeare. Entrances and exits. Can't walk, can't bike ride. Quality of
life is not fun. Were going to be living on Barber.
Paul Jameson - Cross Creek.
Jose - lives in paradise, found his place to live. They are taking away from it. JOSE is the only
one that said the word dangerous.
Jerry —truck driver. He lives on Lanfair. Quite peaceful, residential area.
Cross creek didn't hear his name. -
Dr Jeff Carrier - Resident of Lanfair. Potentially a dangerous street.
Scott Carmine - going wrong way worried about auto accidents. Crowded streets.
Bruce Stole - Lanfair. Leave it alone we like our neighborhood.
/00� Norm Tessier - Seashore. Emergency gat to full time.
14 people talked. One used the word dangerous the one that has kids on that street. One other
person said "potentially Dangerous" no one else used the word Dangerous. Yet the board
chairperson said, "Every single one of you said Shakespeare is a dangerous street" Putting words
into our mouths. Problematic is true but speaker puts words in others mouths and then tells
others to be quiet or leave.
She mentions streets in Houston, what does Houston have to do with us? And she said Houston
never floods but it surely did during a hurricane. Horrible flooding in Houston and it's not like
we don't get Hurricanes here too, right? We all want it left as is. that's why we bought our
homes there.
Dory — said the concerns sent to the Eng department on one way street for signage and speed
limits. (Lip service, checks in the mail) nothing will be done. I know people that have lived there
30 years and we put up our OWN one-way signs to let people know they are going the wrong
way. Then Dory proceeds to say "hey this isn't part of extending Shakespeare to 510" when 15
mins earlier she talked like the extension of Shakespeare to 510 was already a done deal. How
do you maintain the existing neighborhoods by putting a bypass to 510? How do you not affect
my property value? How to you do not affect my quality of life on the property I bought to live
in my dream home in my dream town. Put your houses up. Put your emergency exits up, put
your by bass directly to 510 up.... Don't do it in my neighborhood. Require the builders that will
r122t� make tons of profit to provide access roads to 510 without affecting existing neighborhoods.
Thank you and I hope you read this and take into consideration the people that live there.
Brian Fisher
1717 Shakespeare Street
ka
Ed Dodd
From: Paul Jameson <pjameson29926@gmail.com>
;ent: Friday, September 8, 2023 4:43 PM
To: council
Subject: Approval of Cross Creek Lake Estates Addition and other subdivisions and road
extension
CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY
attachments or clicking on links. ESPECIALLY from unknown senders.
My name is Paul Jameson and I reside at 603 Yearling Trail in Sebastian. I would like to go on the record that I
oppose the Cross Creek Lake Estates Addition project as proposed, and I'm further opposed to the subdivision
to our southwest, River Oaks Preserve. I am further vehemently opposed to any extension of Shakespeare street
to connect to County Route 510.
The city and developer of Cross Creek Lake Estates Addition should look into other options to place a second
entrance gate in a place where there is room to make such connection. Shakespeare Street and Lanfair are not
that place. Has anyone thought of a connection from the southeast area of the new development to County
Route 510, or to Powerline Road at the edge of the existing Cross Creek Lake Estates development? This would
make the most sence, as there is space to construct a new entrance. There is also much more room to connect to
Shakespeare at the northwest corner of Yearling Trail, where Shakespeare is wider, and 2 way. Has anyone
thought of that possibility? If that was an option, the traffic utilizing that exit would only be on Shakespeare
,ONstreet for approximately 200 feet, and then on Periwinkle Drive. I don't think that anyone has looked into either
of these options.
There is also the option of leaving everything as it is presently. The additional 300 trips daily will not be
problematic with our current entrance/ exit on Powerline Road.
Several other of Dr. Fischer's other developments in Sebastian have only one gate, so that should also be
considered for this project by City council.
The proposal as it now stands will negatively impact the surrounding neighborhood and the quality of life for
residents of the area. Please oppose these 2 developments and the extension of Shakespeare Street to County
Route 510.
Sincerely,
Paul Jameson
603 Yearling Trail
Sebastian, FL 32958
845.380.8498
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Ed Dodd
From: D SPAGNOLIA <dougdgt@bellsouth.net>
Sent: Sunday, September 10, 2023 8A8 AM
To: Ed Dodd
Subject: Upcoming City Council Meeting
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attachments or clicking on links. ESPECIALLY from unknown senders.
We are not asking for a rejection of the proposed development. We are asking for an acceptance with one exception. The exception is
the removal of the proposed oneway street from Lighthouse to the development's Shakespeare entrance.
The residents of this development would not be able to use this street. Cross Creek just voted in an emergency exit at
Lanfair/Shakespeare. This is not an entry so Cross Creek residents would not use this street. Our neighborhood does not need
this street.
The planning department keeps saying that in the future Shakespeare will be 2 way street from Lanfair to 510. Cross Creek boundary
extends about 4 ft beyond the Lanfair intersection so this is not possible per municode. Also, if extended to 510 Shakespeare would
no longer be a local mad. Per municode it would have to be widened from its current width ofl0 ft to 12 ft. This would have to be
done by the city. The expense of all that would not be justified when all entities do not need the road going to 510
As the one way road proposed in this development's plat can not and will not be used by the residents of this development it should be
eliminated from the plan. Please vote for acceptance with the exception of this road.
Thank you
/w.
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Ed Dodd
From: Victoria Drumheller <vickisuplizio@me.com>
Sent: Sunday, September 10, 2023 5:12 PIA
To: Ed Dodd
Subject: River Oaks Preserve agenda item for this Wednesday
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attachments or clicking on links. ESPECIALLY from unknown senders.
Ed,
Re: PIJD approval of River Oaks Preserve
I have read the application submitted for River Oaks Preserve, and I listened to the presentation given to Planning and Zoning
committee last week
I see that this is an item on the agenda for council meeting this coming Wednesday for council review.
Please look closely at the requests of the applicant, as well as all of the variances that are being requested for this community.
I agree to growth, and growth and progress are inevitable in our community.
However, I also think that our city has a responsibility to those that already reside here to be sure that this growth does not negatively
impact their established community and neighborhoods.
I strongly feel that the current preliminary plan should be sent back for some creative conversations about how to use this parcel of
over 146 acres to provide the two access points required by current code without disruption of those that live in the small
/neighborhood north of this development.
Opening up Lanfair and Shakespeare Streets are going to change this neighborhood, and make this cluster of homes a main outlet for
so much traffic. I do not think that the traffic assessment done shows the increase in traffic expected, and I don't think it takes into
consideration the increase in traffic that is currently seen on Periwinkle with the increased building on the empty lots in the Highlands
over the past 2 years.
Shakespeare St Owners, Lighthouse, Ocean Breeze and Lanfair will never again experience all of the walking, biking, skateboarding,
that happens daily in this area if an alternative plan is not found.
When looking at this planned community, it appears that there are ather alternatives that could be entertained. Why is this builder,
who was provided a variance for access in the Cross Creek buildout, being allowed to come back and ask for so many variances in this
community? Why did planning not even discuss using the two way Cross Creek paved road, that also abuts this development as one
of the two access points ? What about two accesses on 510?
I listened to several residents who spoke at P&Z, and not ONE resident was against the growth and understood the right of this owner
to develop his land. They were only asking for preservation of the lifestyle and ability to use their neighborhood as it was developed.
Yes, this one way street would probably not happen if it were in planning today. But it DID pass muster when these homes were built,
and residents bought into this community because of the ambience, the wildlife, their little piece of Sebastian heaven.
I have a home on Joy Haven, and it was not mentioned, but I do think that there will be a lot of traffic from Periwinkle that will use
Joy Haven to get to Barber. I already see a big increase on Midvale Terrace, via Mistletoe to decrease the wait tunes of lines during
peak travel times on Periwinkle to Barber. I would expect there would be a big increase also on Skyline from Periwinkle to access
Barber east at another entry point.
I am not against the development, but I do think that some consideration should be made to existing home owners during this process.
10N look forward to seeing you at the meeting on Wednesday.
Best Regards,
Vicki Drumheller
349 Joy Haven Drive
Sebastian,FL
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