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Home My WebLink About01-10-2024 CC MinutesSEBASTIAN CENTENNIAL CELEBRATION 1914-1014 SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT MINUTES WEDNESDAY, JANUARY 10, 2024 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Dodd called the Regular Meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Council Member Nunn led the Pledge of Allegiance. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Kelly Dixon Council Member Chris Nunn Members Absent: Council Member Fred Jones (excused) Council Member Bob McPartlan (excused) Staff Present: City Manager Brian Benton City Attorney Jennifer Cockcroft City Clerk Jeanette Williams Records Specialist Cathy Testa Finance Director/CFO Ken Killgore Community Development Director Alix Bernard Community Development Manager Dom Bosworth City Engineer/Stormwater Director Karen Miller Building Official/Fire Marshal Wayne Eseltine Airport Manager Jeff Sabo Golf Pro Greg Gardner Police Chief Dan Acosta Police Lt. Rob Vafiades 5. AGENDA MODIFICATIONS Mayor Dodd announced New Business Items #13 F and G would be pulled from consideration. Regular City Council & BOA Meeting January 10, 2024 Page 2 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 24.001 A. Mayor Dodd officially invited everyone in the City to participate in the events planned each month for the Centennial Celebration. He said at the events there will be challenge coins, tee shirts and souvenir magazines for sale under the Centennial tent along with a civic organization to describe what they do for the community. The Fine Arts and Music Festival is the first event and the VFW would be joining the City under the tent. He thanked the City Manager, City Clerk, and Records Specialist for serving on the Centennial Task Force along with volunteers from the community to include Beth Mitchell, Rich O'Connor, Britney Melchiori, Cara Irwin, Michelle Morris, Marc Gingras, Patti Williams, and Sally Maio for everything that has been planned so far. 24.001 B. Mayor Dodd gave a special recognition to the P, 4a' and 50' grade winners of the Sebastian Centennial Celebration Coloring Contest. 24.001 C. Mayor Dodd recognized Hailey Frayser from Sebastian River High School for her "What Makes Sebastian Special" essay. 24.001 D. He announced that students from the Sebastian Charter Jr. High, Sebastian Middle and Storm Grove Middle Schools painted the bandshell drop cloth that will be used on the stage during the Centennial events. 24.002 E. Boys & Girls Clubs of Indian River County - Sebastian Club Youth of the Year Winners Mayor Dodd presented a certificate of achievement to Taliyah Edwards for being selected Youth of the Year; and Jayla Brown for being selected Junior Youth of the Year. These young ladies exemplify the mission of the Boys and Girls Clubs. F. Certificate of Appreciation to Ms. Ruth Callaghan - Natural Resources Board Service Ms. Callaghan was not in attendance but Mayor Dodd thanked her for sharing her natural resources expertise to the board. BriefAnnouncements: The Indian River County Veterans Service Office is now open at the Municipal Complex. Monday through Friday From 9am to 4pm (Closed daily from Noon to Ipm) by Appointment Only (772) 226-1145 Celebrating Our 100th Anniversary Regular City Council & BOA Meeting January 10, 2024 Page 3 Friday, January 12 - Chamber of Commerce Concert in the Park at Riverview Park 5:30pm — 8pm (Bobby Owen Band) Saturday, January 13 - Craft Club of Sebastian at Riverview Park — l0am — 3pm Monday, January 15 - Martin Luther King Day — City Hall Closed Friday, January 19 — Florida Arbor Day Volunteer Tree Planting at Tulip Drive Pond — 12prn — 2pm Saturday, January 20 - Annual Sebastian Riverfront Fine Arts & Music Festival at Riverview Park —10am — 5pm Sunday, January 21- Annual Sebastian Riverfront Fine Arts & Music Festival at Riverview Park —10am — 4pm Vice Mayor Dixon announced the upcoming events. 7. PUBLIC INPUT Cindy Geesey, 108 Wood Stork Way, asked Council to consider making the Board of Adjustment a citizen board to allow those interested in public service an opportunity to gain experience. With regard to the Centennial, she asked if Council would be interested in becoming a "Sister City" with an international municipality. Damien Gilliams, 1623 US Highway 1, said he was planning to participate twice a month in the future Council meetings. He said his court case was over as of Friday and began to speak about a family member of Mayor Dodd. Mayor Dodd called for a Point of Order and reminded Mr. Gilliams that if he continued to make accusations that he would be engaging in a civil liability situation as the grievances he was presenting were nonsensical. 8. Mayor Dodd recessed the City Council Meeting and convened the Board of Adjustment meeting at 6:28 p.m. A. MOTION by Mr. Nunn and SECOND by Vice Chair Dixon to approve the November 15, 2023 BOA Meeting minutes passed with a unanimous voice vote of 3-0. B. ARTHUR AND BILLIE MANTZ, IN REGARDS TO LOT 2, BLOCK 558, SEBASTIAN HIGHLANDS SUBDIVISION UNIT 16, LOCATED AT 105 KILDARE DRIVE, REQUESTING A VARIANCE FROM SECTION 54-2-5.23(d)(5) OF THE LAND DEVELOPMENT CODE TO CONSTRUCT A CARPORT THAT WILL ENCROACH, AT A MAXIMUM, THREE (3) FEET INTO THE TEN (10) FOOT SIDE YARD SETBACK (Transmittal, Staff Report, Exhibits) Celebrating Our 100th Anniversary Regular City Council & BOA Meeting January 10, 2024 Page 4 Chairman Dodd noted that three affirmative votes would be needed to take action on the matters considered tonight. The City Attorney read the request from Mr. and Mr: Mantz. There were no ex parte communications to disclose by the board members. The City Clerk swore in those who would be providing testimony. Mrs. Mantz stated they are replacing a carport that was destroyed in the 2005 hurricanes, that wasn't placed in the proper location when it was originally built. The Community Development Manager said they are finding that with homes built in the early 70's and 80's there was not a lot of detail required. In 1984 the permit came in without a garage and shortly thereafter the Mantzes sought a carport on a hand drawn plot plan with a rectangle plot that didn't have the accurate side yard setbacks. She said the exhibit on page 28 displayed the correct encroachment and staff recommended approval. There was no one to speak in favor or opposition to the request. MOTION by Mr. Nunn and SECOND by Vice Chairman Dixon to recommend approval of the Mantzes' request passed with a unanimous voice vote of 3-0. C. SEMBLER MARINA PARTNERS, LTD, IN REGARDS TO AN ADDITIONAL PROPOSED OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID LIPS & MARINA), AND WHICH STRUCTURE IS LOCATED WITHIN A FLOOD HAZARD AREA AND REQUIRES A BUILDING PERMIT, IS REQUESTING RELIEF FROM FLORIDA BUILDING CODE SECTION 1612.4. WHEREBY THE MINIMUM ELEVATION REQUIREMENT FOR A BUILDING LOCATED IN A COASTAL HIGH HAZARD FLOOD ZONE IS BASE FLOOD ELEVATION PLUS 1 FOOT TO THE LOWEST HORIZONTAL MEMBER OF AN EXISTING STRUCTURE THAT IS BEING SUBSTANTIALLY IMPROVED. THE BOTTOM OF THE LOWEST HORIZONTAL MEMBER OF THE EXISTING STRUCTURE IS +7.3 FEET AND THE MINIMUM REQUIREMENT IS +8.0 FEET. (Transmittal, Staff Report, Exhibits, Application) The City Attorney read the request from Sembler Marina Partners, Ltd. There were no ex parte communications to disclose by the board members. The City Clerk swore in those who would be providing testimony. Kim Rezanka, attorney with the Lacey, Lyons, Rezanka law firm, representing the applicant, Sembler Marina Partners, said the variance was signed in May 2021 when it was found that the flood elevation changed by the Florida Building Code and they were here to request a modification to the variance to open the business. The Building Official said the variance was granted in May 2021 and there is a requirement that the lowest horizontal structural member in a V Zone has to be at base Celebrating Our 100th Anniversary Regular City Council & BOA Meeting January 10, 2024 Page 5 flood elevation plus one foot. It was built to code at the time but now the FEMA elevation certificate shows the bottom of the lowest structural member of the existing structure is +7.3 ft. where it was previously believed to be +7.6 ft. which is a 4 inch difference. He stated the City's record must match the FEMA certificate. There was no one to speak in favor or opposition to this request. The Building Official confirmed that the documentation by the engineers involved in this project have recertified the elevation and nothing more has changed since the 2021 variance. MOTION by Vice Chair Dixon and SECOND by Mr. Nunn to approve the Sembler Marina Partners' request passed with a unanimous voice vote of 3-0. Chairman Dodd adjourned the Board of Adjustment meeting at 6:42 p.m. and reconvened the City Council Meeting. 9. CONSENT AGENDA A. Approval of Minutes — Regular City Council Meeting, November 15, 2023 B. Approval of Minutes — Regular City Council Meeting, December 13, 2023 22.214/24.004 C. Resolution No. R-24-02 — City Council Meeting Procedures (Transmittal, R-24- 02) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; REVISING START AND END TIME; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND TRANSCRIPTS; REPEALING RESOLUTION NO. R-21-32; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 24.005 D. Snow's Space Coast Superior Events — Italian Fest (Transmittal, Application, Cert. of Ins., Receipt) 24.006 E. Alcoholic Beverage Approval (Transmittal, Application, Receipt) Mayor Dodd asked to pull Item C. MOTION by Council Member Nunn and SECOND by Mayor Dodd to approve Consent Agenda Items A, B, D, and E passed with a unanimous voice vote of 3-0. Celebrating Our 100th Anniversary Regular City Council & BOA Meeting January 10, 2024 Page 6 Item C — Resolution No. R-24-02 Mayor Dodd said what has been added to the Council procedures resolution was the ability to hold workshops during the day. MOTION by Mayor Dodd and SECOND by Council Member Nunn to approve Resolution No. R-24-02 passed with a unanimous voice vote of 3-0. 10. COMMITTEE REPORTS & APPOINTMENTS 24.007 A. Citizens Budget Review Advisory Board (Transmittal, Applications, List,. Advertisement) MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to reappoint Amber Cerda and Dave Newhart to the Citizens Budget Review Advisory Board was unanimously supported. 24.008 B. Planning and Zoning Commission (Transmittal, Applications, List, Advertisement) MOTION by Mayor Dodd and SECOND by Council Member Dixon to have Ms. Kinchen continue in her positon on the Planning and Zoning Commission. There were no other nominations. Ms. Kinchen will serve another term on the Planning and Zoning Commission. 24.009 C. Announcement - Two Regular Member and One Alternate Member Openings on the Natural Resources Board Mayor Dodd announced the Natural Resources Board is spearheading the Sustainable Sebastian initiative and looking for individuals who are interested and versed in the natural resources board community and asked those who may be interested to apply. 11. PUBLIC HEARINGS - None 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS 24.010 A. Approval of Resolution No. R-24-01 and Authorization for the City Manager to Execute the FDOT Public Transportation Grant Agreement (PTGA) for the Design of Taxiway Golf (Transmittal, Grant, R-24-01) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING OF FM451509-1-94-01 "DESIGN TAXIWAY GOLF" AT THE SEBASTIAN MUNICIPAL AIRPORT; Celebrating Our 100th Anniversary Regular City Council & BOA Meeting January 10, 2024 Page 7 PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager said this taxiway would be built in the place of the old Runway 13-31 which hasn't been in use for a number of years and will help increase the operations of the airport property. The City Attorney read the title of Resolution No. R-24-01. There was no public input. MOTION by Vice Mayor Dixon and SECOND by Council Member Nunn to approve Resolution No. R-24-01. Roll call: Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Nunn - aye Council Member Jones - absent Council Member McPartlan -absent Motion carried. 3-0 24.011 B. Approval to Enter into a One Year Lease with Connection Air, LLC for a Single Office Space in the Sebastian Municipal Airport Terminal Building (Transmittal, Lease) The City Manager said this was for a 15' by 8' office space at the terminal building to allow the company space for flight operations and staff recommended approval. There was no public input. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve a one-year lease with Connection Air, LLC for office space. Roll call: Vice Mayor Dixon - aye Council Member Nunn - aye Mayor Dodd - aye Council Member Jones - absent Council Member McPartlan - absent Motion carried. 3-0 24.012 C. Approve the Purchase of One (1) CPS 110-3 Cvlinder Air Compressor and Jackhammer at the Price of $20,728.24 under the Florida Sheriffs Association Contract #FSA23-EO21.0 with Case Power and Equipment Florida (Transmittal,, Ouotes) The City Manager said this was to purchase an air compressor -and jackhammer to allow staff to be more efficient on site with larger projects and he requested approval. There was no public input. Celebrating Our 100th Anniversary Regular City Council & BOA Meeting January 10, 2024 Page 8 MOTION by Mayor Dodd and SECOND by Council Member Nunn to approve the purchase of the air compressor and jackhammer. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - absent Council Member McPartlan -absent Motion carried. 3-0 24.013 D. Approve the Purchase of One (1) Ford F-350 with a 9' Utility Body and a 2,000 lb. Folding Crane for $79.478.00 Using the State of Minnesota Competitively Bid Sourcewell Contract #2024 091521-NAF & 06 from Alan Jay Fleet Sales (Transmittal, Ouote) The City Manager said this vehicle would be used by the sign shop to assist with the maintenance and upkeep of City signage. He noted it was over budget but the savings realized from the jackhammer would help with the cost overrun. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve the purchase of the Ford F-350. There was no public input. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - absent Council Member McPartlan -absent Motion carried. 3-0 23.177/24.014 E. Consideration of Purchase and Installation of Pour in Place Surfacing at the Creative Playground by GameTime in the Additional Amount of $31,303.75 (Transmittal, Options, Quotes) The City Manager said in October they approved the new design of a more ADA accessible, inclusive playground at Barber Street Sports Complex. He said when he had discussions with the contractor to ensure access from the entrance to the ramp and the swing set, it was identified that a fall zone was not included around the musical elements. The Parks and Recreation Advisory Committee chose to go with the pour in place surface from the entrance to the ramp, the musical elements and the swings as opposed to mulch. Discussion followed on how well the surface will work for youngsters, strollers and wheel chairs. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve the purchase and installation of a "Pour in Place Surface" at the Creative Playground. There was no public input. Celebrating Our 100th Anniversary Regular City Council & BOA Meeting January 10, 2024 Page 9 Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones -absent Council Member McPartlan -absent Motion carried. 3-0 24.015 F. Approve the Design of the Sebastian Lagoon Walk Kiosks to be Placed Along Indian River Drive in the CRA District (Transmittal, Details) Pulled from consideration at the beginning of meeting. 23.054/24.016 G. Approve Grant Administration Services from CoastalWide LLC for the Working Waterfront Expansion, Phase 1 (Transmittal, CDA#3, Agreement) Pulled from consideration at the beginning of meeting. 23.053/24.017 H. ADDrove Grant Administration Services from CoastalWide LLC for the North Countv Law Enforcement Dock Facilitv in the Amount of $20.800.00 (Transmittal, CSA#1, Agreement) The City Manager said this was for some grant administration services to modify the eastern six east slips to accommodate the law enforcement vessels. He noted this portion would come out of the general fund and then funds from the other agencies would assist with the design and 50150 match for the construction. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve the grant administration services by CoastalWide LLC. There was no public input. Roll call: Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Nunn - aye Council Member Jones -absent Council Member McPartlan -absent Motion carried. 3-0 23.039/24.018 I. Approval of the Citv of Sebastian Procurement Evaluation Committee's Ranking of Proposal for Strategic Planning Services and Authorization for the City Manager to Negotiate a Contract and Execute all Contract Documents (Transmittal, Score Tab. Proposal) Mayor Dodd said he was on the evaluating committee to review the responses and he asked if anyone thought he should be disqualified from voting on this matter. The City Attorney advised that he did not have a financial interest so he was able to vote. Celebrating Our 100th Anniversary Regular City Council & BOA Meeting January 10, 2024 Page 10 The City Manager said four responses were received and based on the committee's evaluation they were recommending Saviak Consulting to lead the City into the strategic planning process and requested approval. Mayor Dodd said Saviak Consulting has a lot of experience in doing strategic plans and they consist of three individual companies that work together to produce strategic plans. He said a plan will help them address what the voters want them to address. MOTION by Vice Mayor Dixon and SECOND by Council Member Nunn to hire Saviak Consulting, LLC to develop a strategic plan for the City. There was no public input. Roll call: Vice Mayor Dixon - aye Council Member Nunn - aye Mayor Dodd - aye Council Member Jones - absent Council Member McPartlan -absent Motion carried. 3-0 24.019 J. 2024 Municipal Elections Agreement (Transmittal, Agreement) The City Manager explained this year the election would be in conjunction with the state and federal election and the election cost will change as more residents register to vote. MOTION by Council Member Nunn and SECOND by Mayor Dodd to accept the 2024 Municipal Elections agreement with Supervisor Swan. There was no public input. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - absent Council Member McPartlan - absent Motion carried. 3-0 24.020 K. Council Meeting Dates for 2024 (Transmittal, Calendar) The City Manager said in looking at the Early Voting schedule and in trying to ensure we can get two meetings per month in, he worked out a schedule with the Clerk that moves six meeting dates and he requested approval. He confirmed that if another date was needed it could be arranged. MOTION by Mayor Dodd and SECOND by Council Member Nunn to approve the 2024 meeting dates as proposed by staff passed with a unanimous voice vote of 3-0. Celebrating Our 100th Anniversary Regular City Council & BOA Meeting January 10, 2024 Page 11 14. CITY ATTORNEY MATTERS The City Attorney requested a work session before the next Council meeting to discuss procedural matters and training. She also requested codification of the procedural matters approved earlier as well. It was the consensus of Council to hold a Work Session with the City Attorney. 15. CITY MANAGER MATTERS The City Manager said on January 8 h, the Florida Department of Transportation was on site doing a runway and grounds condition inspection and the airport passed with flying colors with a lot of positive comments. He recognized the Airport Manager Jeff Sabo, as well as Patrick and Ron who handle the daily maintenance of the grounds. 16. CITY CLERK MATTERS - None 17. CITY COUNCIL MATTERS A. Vice Mayor Dixon thanked the airport manager for her recent tour of the airport. She asked what the minimum age requirement to join the Natural Resources Board. The City Attorney offered to look that up. She invited the public to attend the Craft Club Show in Riverview Park this weekend as the artists are local residents that make items with their hands. B. Mayor Dodd said the fact that they discovered that three votes are necessary to pass an agenda item; he would like to consider a Charter modification to address a majority vote as well as another modification to change their terms to four years to do away with the off year elections. The City Attorney said she has reviewed changing their terms to four years and could bring that back to the next meeting before the full board. C. Council Member McPartlan - absent D. Council Member Jones - absent E. Council Member Nunn said he recently learned that if you live near a rental home that has a couch in the street you can call Waste Management on behalf of the homeowner to have the couch removed. 18. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 7:21 p.m. Celebrating Our 100th Anniversary Regular City Council & BOA Meeting January 10, 2024 Page 12 Approved at the January 24, 2024 Regular City Council meeting. Mayor Ed Dodd ATTEST.• 4Jn-ette Williams,, City Clerk Celebrating Our 100th Anniversary