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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. Regular City Council Meeting 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. Regular City Council Meeting 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 Regular City Council Meeting September 13, 2023 Page 9 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. Regular City Council Meeting September 13, 2023 Page 11 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. Regular City Council Meeting 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 Regular City Council Meeting 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. Regular City Council Meeting 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. 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September 13, 2023 spaau ivaGan � � �. �ub!Iq pup wnls jo uoijoupil] � i' I!Iauaq .,� — JOaaip JOI uOIbOijuan GWOOuI �!jauaq JOaaipui JOJ Aanans ao snsuao suosiad IV�j o f Ii jauag sanipolgO jouoitoN ZS ["8z [$ - buipun� jouibia0 sluaag 1:)018 juaLudOlaAO(3 Aliunwwoo 0 0£9"SZs uoi}oaIsiuiu.�pd palgosia pun ApapI3 'suoa80A ZZS"ZOIS JOI WDJBoad aindaa awOH 4unowy 196pns - sluDig >1ao19 juawdolana(3 Allunwwo:) juawailiiu3 -palgosip pub AIaapla 'sup.la�an I� pup 11^ o� A( !joiad u�inn splouasnou I W� ino; o� ji jaua9 : juauaa jo�S ewoolnp apron-AI!D :paJ`p' aoinaaS *saililigoslp q4!m auoauaos ao; 44 s�uauaanoadwi auj aglow of uoiloliligouaa apnloui Apua saipdaa auaoH 'supaaIan ao j pa�abao4 lioM uoilol!ligogaa ua aou 10 uoisinoad :uoildiaosaa palgosia auj puo AlaaplD 'supaaIan IW] JOJ uoitpoilddp apiM Aji3 a319`dSl(3 3H1 dNV AIM13 'SNVN313n SOA W` SOONd SI`dd3S 3WOH - L 1z)3fOSd SaiadaS awOH - L A41AII�d no,, � uoq I suoltsano uold uoltoy up!�sogaS ;o A�!D aul stian 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 This email has been scanned for spam and viruses by Proofpoint Essentials. Visit the following link to report this email as spam: https://us5.proofpointessentials.com/index0l.php?mod_idg &mod_option=gitem&report=type syspa m&k=&payloadS616c7465645f5fcl58f24b8f73b7dfOfO0690e6d759b0afb73c75f3e340de4d477eddfde6c38639a80c ed568cc9c6lacb2a9acbd9c048eb9ffbb24422cb9759ac64024b4d35a4lfl99c397594526e480a7c4cic07849dldf4f660c2f el3a340f1006e829d46d2deea68b59950bdb4591fa602dd912458d4fl2b2649150440342b83b93edecdb99ef7e0025622b c4dba659clde0640cfd9f0767a27077c394b&mail_id0 94200173-Ok2eOB3jHcd7&r address=uncilYo40cityofsebastian.org 14~ W Ed Dodd From: D SPAGNOLIA <dougdgt@bellsouth.net> Sent: Sunday, September 10, 2023 8A8 AM To: Ed Dodd Subject: Upcoming City Council Meeting CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY 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\ This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. 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 This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. Ed Dodd From: D SPAGNOLIA <dougdgt@bellsouth.net> Sent: Sunday, September 10, 2023 8A8 AM To: Ed Dodd Subject: Upcoming City Council Meeting CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY 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. This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. n 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 CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY 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 This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam.