HomeMy WebLinkAbout03-20-2024 CC AgendaSEBASTIAN
CENTENNIAL CEIEBRATION
1914 •1014
SEBASTIAN CITY COUNCIL REGULAR MEETING
& COMMUNITY REDEVELOPMENT AGENCY (CRA)
AGENDA
WEDNESDAY, MARCH 20, 2024 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
OR ON THE CITY'S WEBSITE
1. CALL TO ORDER
2. INVOCATION - Reverend Grant Foster, Riverside Church Assembly of God
3. PLEDGE OF ALLEGIANCE — Led by Council Member Nunn
4. ROLL CALL
5. AGENDA MODIFICATIONS
Modifications for additions require a unanimous vote of City Council
6. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS
Presentations ofproclamations, certificates and awards, and brief timely announcements by Council
and Staff. No public input or actions under this heading.
A. Proclamation — Honoring Laura LaPorte — LaPorte Farms
B. Proclamation — Dark Sky Week — April 2 to 8, 2024
BriefAnnouncements:
Friday, March 22 — Chamber of Commerce Concert in the Park — 5: 30 p. in. to 8: 00 p. 177.
(Reckless Shots)
Friday. March 29 — Easter Event at the Twin Piers in Riverview Park
Bunny Selfies at 5:30 p.m.
Egg Hunt at 6:45 p.m.
Sebastian Police Department Movie Night Out — Peter Rabbit 2: The Runaway
Friday, April 5 — Chamber of Commerce Concert in the Park — 5: 30 p.m. to 8: 00 p.m.
(SRHS Band)
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7. PUBLIC INPUT
The heading on Regular Meeting agendas "Public Input "provides an opportunity for individuals
to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON
THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to
meetings. Individuals are asked to provide copies of materials for Council one week prior to the
meeting if they intend to refer to specific material. City Council will not debate an issue during
Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or
place a requested item on a future agenda.
8. RECESS THE CITY COUNCIL MEETING AND CONVENE THE COMMUNITY
REDEVELOPMENT AGENCY MEETING
pgs 09-10 A. Approval of Minutes — January 24, 2024 CRA Meeting
pgs 11-27 B. Annual Sebastian CRA Report FY 22/23 (Transmittal, Report)
9. ADJOURN THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND
RECONVENE THE CITY COUNCIL MEETING
10. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There
will be no separate discussion of consent agenda items unless a member of City Council so
requests; in which event, the item will be removed and acted upon separately. If a member of the
public wishes to provide input on a consent agenda item, he/she should request a Council
Member to remove the item for discussion prior to start of the meeting or by raising his/her hand
to be recognized.
pgs 28-40 A. Approval of Minutes — February 14, 2024 Regular City Council Meeting
pgs 41-53 B. Approval of Minutes — February 28, 2024 Regular City Council Meeting
pgs 54-70 C. Annual Sebastian CRA Report FY 22/23 (Transmittal, Report)
pgs 71-85 D. Approval of Amendment to the ADS-B Tower Lease Agreement with L314arris
Technologies (Transmittal, Amendment, Lease)
pgs 86-88 E. Alcohol Beverage Approval (Transmittal, Application, Receipt)
pgs 89-91 F. Alcohol Beverage Approval (Transmittal, Application, Receipt)
11. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public
input or action except for City committee member nominations and appointments under
this heading.
pgs 92-98 A. Natural Resources Board (Transmittal, Application, List, Advertisement)
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12. PUBLIC HEARINGS
Procedures for legislative public hearings:
Mayor opens hearing
Attorney reads ordinance title
Staff presentation
Public input
Staff summation
Mayor closes hearing
Council deliberation and action
pgs 99-104 A. First Readiniz of Proposed Charter Amendment Ordinances No. 0-24-05 and 0-
24-06 Relatinp- to Term Limits and Voting on Council Aizenda Items.
(Transmittal. 0-24-05.0-24-06)
AN ORDINANCE OF THE CITY OF SEBASTIAN, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO
AMEND SECTION 4.12 OF THE CITY CHARTER TO CHANGE THE TERM OF
CITY COUNCIL MEMBERS FROM TWO YEARS TO FOUR YEARS; PROVIDING
FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED;
PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
pgs 103-105 AN ORDINANCE OF THE CITY OF SEBASTIAN, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE .IN ORDER TO
AMEND SECTION 2.12 OF THE CITY CHARTER TO PROVIDE FOR A
MAJORITY VOTE BY THE CITY COUNCIL TO PASS AGENDA ITEMS;
PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE
CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH
ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; AND PROVIDING FOR EFFECTIVE DATE.
13. UNFINISHED BUSINESS - None
14. NEW BUSINESS
pgs 106-109 A. First Reading of Ordinance No. 0-24-04 — Proposed Land Development Code
Amendment — Article III Amendina Sections Relatinu to Mobile Food
Establishment Operating Reauirements (Transmittal. Ordinance)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND
DEVELOPMENT CODE SECTION 54-2-3.6 REGARDING PROCEDURES AND
CRITERIA FOR MOBILE FOOD ESTABLISHMENTS; PROVIDING FOR
SEVERABILITY AND REPEAL OF LAWS IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS;
AND PROVIDING FOR AN EFFECTIVE DATE.
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pgs 110-120 B. First Reading and Public Hearing of Ordinance No. 0-24-07 Relating to
Codification of Procedural Matters Relating to Council and Citizen Advisory
Boards; Boards. Reauest to Schedule Second Reading for Public Hearing and
Adoption on April 10. 2024 (Transmittal, Resolution R-24-02, Proposed
Ordinance 0-24-07)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR THE CODIFICATION OF MEETING PROCEDURES
AS ESTABLISHED IN RESOLUTION R-24-02; REPEALING RESOLUTION R-24-
02; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES, RESOLUTIONS
OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE DATE.
pgs 121-129 C. First Reading and Public Hearing of Ordinance No. 0-24-08 Relating to
Codification of Procedural Matters relating to Citizen Advisory Boards; Reauest
to Schedule Second Reading for Public Hearing and Adoption on April 10. 2024
(Transmittal, R-22-15, Proposed Ordinance 0-24-08)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR THE CODIFICATION OF MEETING PROCEDURES
AS ESTABLISHED IN RESOLUTION R-22-15; PROVIDING FOR REPEAL OF ALL
OTHER ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT
HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING
FOR AN EFFECTIVE DATE.
pgs 130-140 D. First Reading and Public Hearing of Ordinance No. 0-24-09 Relating to
Codification of Ouasi-Judicial Procedural Matters Relating to Citizen Advisory
Boards; Reauest to Schedule Second Reading for Public Hearing and Adoption on
April 10, 2024 (Transmittal, R-20-35, Proposed Ordinance 0-24-09)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR THE CODIFICATION OF MEETING PROCEDURES
AS ESTABLISHED IN RESOLUTION R-20-35; PROVIDING FOR REPEAL OF ALL
OTHER ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT
HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING
FOR AN EFFECTIVE DATE
pgs 141-144 E. First Reading and Public Hearing of Ordinance No. 0-24-10, to Amend Sections
2-172 — Removal; and Section 2-173 — Attendance; of the City Code of
Ordinances; Reauest to Schedule Second Reading for Public Hearing and
Adoption on April 10, 2024 (Transmittal, Proposed Ordinance 0-24-10)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING CITY OF SEBASTIAN CODE OF ORDINANCES
CHAPTER 2 - ADMINISTRATION, ARTICLE VI - BOARDS, COMMISSIONS,
COMMITTEES, DIVISION 1 - GENERALLY, AMENDING SECTION 2-172 -
REMOVAL; AMENDING SECTION 2-173 - ATTENDANCE REQUIREMENT;
PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION,
PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENER'S ERRORS AND
PROVIDING FOR AN EFFECTIVE DATE.
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pgs 145-154 F. Resolution R-24-12, Parking In Lieu Agreement for 1660 Indian River Drive,
Squid Lips Restaurant & Fins Marina (Transmittal, Resolution R-24-12,
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING
PARTICIPATION IN THE PARKING IN LIEU OF PROGRAM, LIEN AGREEMENT,
AND COVENANT RUNNING WITH THE LAND, FOR CAPITAL MORTGAGE
SERVICES, LLC, OWNER OF PROPERTY LOCATED AT 1660 INDIAN RIVER
DRIVE, SEBASTIAN, FLORIDA; PROVIDING FOR TERMINATION, CONFLICTS,
AND SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
pgs 155-157 G. Approval of Resolution R-24-13 Authorizing Staff to Apply for a Florida Inland
Navigation District Grant for the Design of Riverview Park Renovations in the
Amount Of $50,000 ( Transmittal, Resolution R-24-13)
Resolution R-24-13 for Assistance 2024 under the Florida Inland Navigation District
Waterways Assistance Program to Plan and Design the Renovations and Upgrades to
Riverview Park
pgs 158-160 H. Approval of Resolution R-24-14 Authorizing Staff to Apply for a Florida Inland
Navigation District Grant for the Design and Implementation of Shoreline
Stabilization at the Main Street Boat Ramp and the Area South Referred to as
Bench and Swing Park in the Amount of $50,000 (Transmittal, Resolution R-24-
14)
Resolution R-24-14 for Assistance 2024 under the Florida Inland Navigation District
Waterways Assistance Program to Plan and Design the Shoreline Stabilization of Main
Street Boat Ramp and Park
pgs 161-163 I. Approval of Resolution R-24-15 Authorizing Staff to Apply for a Florida Inland
Navigation District Grant for the Replacement of the Dry Line Fire Suppression
System at the Working Waterfront Dock in the Amount of $25,000 (Transmittal,
Resolution R-24-15)
Resolution R-24-15 for Assistance 2024 under the Florida Inland Navigation District
Waterways Assistance Program to Replace the Dry Line Fire Suppression at Working
Waterfront Dock
pgs 164-166 J. Approval of Resolution R-24-16 Authorizing Staff to Apply for a Florida Inland
Navigation District Grant for Design and Installation of a Fire Suppression
System for the Law Enforcement Dock at the Twin Piers in the Amount of
$40,000 (Transmittal, Resolution R-24-16)
Resolution R-24-16 for Assistance 2024 under the Florida Inland Navigation District
Waterways Assistance Program for the Installation of Dry Line Fire Suppression at the
Law Enforcement Dock
pgs 167-169 K. Approval of Resolution R-24-17 Authorizing Staff to Apply for a Florida Inland
Navigation District (FIND) — Waterways Assistance Program — Restoration of the
Stan Mayfield Working Waterfront Collaborative (Transmittal, Resolution R-24-
17)
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Resolution R-24-17 for Assistance 2024 under the Florida Inland Navigation District
Waterways Assistance Program for the revision of structural engineering cost estimates,
which were created in 2021, as well as the engineering and architectural drawings.
pgs 170-182 L. Approval of Resolution R-24-18 Authorizing Staff to Apply for a Florida Inland
Navigation District (FIND) Waterways Assistance Program Grant in the Amount
of up to $125,000 for the Purchase of a Police Patrol Boat and Authorize the City
Manager to Execute all Appropriate Documents (Transmittal, Resolution R-24-
18)
Resolution R-14-18 for Assistance 2024 Under The Florida Inland Navigation District
Waterways Assistance Program to purchase a 29' Fluid Watercraft Rigid Inflatable Boat
(RHIB) with Twin 225hp Mercury Engines, Simrad NSS12 GPD, Additional
Accessories, and an Aluminum Del -Axle Trailer with Brakes
pgs 183-187 M. Approval Of CSA #7 for Planning Services to Update the Master Plan Concept
for Riverview Park Under an Existing Consultant Services Agreement with
Kimley-Horn and Associates, Inc. (Transmittal, CSA#7)
pgs 189-190 N. Approve Additional Funding and Purchase Order for 2022 Citywide Swale
Improvements in Conjunction with Roadway Repaving Agreement with Colon
Landscaping, Inc. (Transmittal, Estimate, Bid Sheet)
pgs 191-219 O. Approval For Shenandoah Slip Lining at Three Locations Throughout the City
(Transmittal, Proposals, Agreement)
pgs 220-248 P. Resolution Accepting the 4`h Quarter Financial Report and Recognizing
Necessary Amendments and Adjustments to the FY 2022-2023 Annual Budget
(Transmittal, R-24-11 & Exhibit "A", 4°i Quarter Financial Report)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA RECOGNIZING CERTAIN ADJUSTMENTS TO THE BUDGET FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER
30, 2023 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS;
PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN
EFFECTIVE DATE.
pg 249 Q. City Owned Surplus Property and Workforce Housing (Transmittal)
15. CITY ATTORNEY MATTERS
16. CITY MANAGER MATTERS
17. CITY CLERK MATTERS
18. CITY COUNCIL MATTERS
A.
Council Member Nunn
B.
Vice Mayor Dixon
C.
Council Member Dodd
D.
Council Member McPartlan
E.
Council Member Jones
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19. ADJOURN (All meetings shall adjourn by 9:30 pm unless extended for up to one half
hour by a majority vote of City Council)
NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING
MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL,
BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING
WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A
SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR
AT 388-8226 - ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS INADVANCE OF THIS MEETING.
ZOOM INFORMATION
Please click the link to join the webinar: https://us02web.zoom.us/j/88188416317
Or One tap mobile: +13052241968„ 88188416317# US +16469313860„88188416317#
US
Webinar ID: 881 8841 6317
International numbers available: https://us02web.zoom.us/u/kgZcH7JOq
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PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-24-04
Regular Citv Council Meetings
Public input is ALLOWED under the heading:
Consent Agenda
Public Hearings
• Unfinished Business
• New Business
• Public Input
Public Input is NOT ALLOWED under the headings:
Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards);
Committee Reports and Appointments (except for committee members giving reports and
applicants being interviewed for committee appointments);
City Council Matters
• Charter Officer Matters
• Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetings
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City
Council may extend or terminate an individual's time by majority vote of Council members present.
Input Directed to Chair
Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL
DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless
answering a question of a member of City Council or City staff. Individuals shall not address City
Council after commencement of City Council deliberation on an agenda item after public input has
concluded, providing, however, the Mayor and members of City Council may recall an individual to
provide additional information or to answer questions.
Certain Remarks Prohibited
Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted
and may result in expulsion from the meeting. The Chair shall make determinations on such remarks,
subject to the repeal provisions below.
Appealing Decisions of Chair
Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of
City Council shall overrule any decision of the Chair.
Public Input Heading on Agenda
The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring
NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE
PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings.
Individuals are asked to provide copies of material for Council one week prior to the meeting if they
intend to refer to specific material. City Council will not debate an issue during Public Input but may by
consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future
agenda.
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SEBASTIAN
CENTENNIA1 (111BRATION
1914 -1014
COMMUNITY REDEVELOPMENT AGENCY
1225 Main Street, Sebastian, FL 32958
The attached January 24, 2024 Community Redevelopment Agency minutes were
approved at the March 20, 2024 Community Redevelopment Agency meeting.
Chairman Ed Dodd
ATTEST:
Jeanette Williams, City Clerk
9 of 248
Regular City Council
& CRA Meeting
January 24, 2024
Page 3
8. Mayor Dodd recessed the City Council meeting at 6:28 p.m. and convened the
Community Redevelopment meeting.
A. Motion by Mr. Jones and SECOND by Mr. McPartlan to approve the minutes of
the December 13, 2023 CRA Meeting with a unanimous voice vote of 5-0.
24.015 B. Anorove the Desian of the Sebastian Laeoon Walk Kiosks to be Placed Along
Indian River Drive in the CRA District (Transmittal. Details)
The City Manager said the City's Signage Master Plan was approved in July 2020 that
included funding for kiosks along Indian River Drive. He said the consultant developed
the design presented to them tonight noting there will be three kiosks along Indian River
Drive. There was no public input.
MOTION by Mr. Jones and SECOND by Chairman Dodd to recommend approval of the
design to City Council passed with a unanimous voice vote of 5-0.
6: 35 pm
24.016 C. Approve Grant Administration Services from CoastalWide LLC for the Workinp-
Waterfront Expansion. Phase 1 (Transmittal. CSA#3. Aereement)
The City Manager said staff was seeking approval for grant administration services for
the Working Waterfront permitting, design and engineering services to expand the
existing area and provide additional dockage for commercial fishing vessels. Mayor
Dodd added that there are some aquatic commercial businesses just south of the
expansion area that will be able to use the new docks.
The Community Development Director explained this was the first step to design the
docks before they move to construction.
In response to Nicolette Mariano, owner of Treasure Coast Shellfish, the Community
Development Director confirmed that the dockage will be used for other aquaculture
businesses.
MOTION by Mr. Nunn and SECOND by Vice Chair Dixon to recommend to City
Council to approve the grant administration services from CoastalWide LLC for the
Working Waterfront Expansion passed with a unanimous voice vote of 5-0.
9. Chairman Dodd adjourned the Community Redevelopment Agency meeting and
reconvened the City Council meeting at 6:39 p.m.
10. CONSENT AGENDA
A. Approval of Minutes — January 10, 2024 Regular City Council Meeting
10 of 248
ai
SElwwl�lBASTIAN
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CRA BOARD AGENDA TRANSMITTAL
Council Meeting Date: March 20, 2024
Agenda Item Title: Annual Sebastian CRA Report FY 22/23
Recommendation: Recommend that City Council accept the Annual Sebastian CRA Report
2023
Background: Florida Statutes require the Community Redevelopment Agency to file a
report of activities to the primary government each year. The annual Sebastian Community Redevelopment
Agency report of activities for the fiscal year ending September 30, 2023 is presented to the Community
Redevelopment Agency Board of Directors for review and recommendation that City Council approve the
Report.
Following acceptance by the City Council, the report will be published on the agency's website and sent to
the taxing agencies.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount: N/A
Total Cost: N/A
Funds to Be Utilized for Appropriation: N/A
Attachments: Sebastian CRA FY 22/23 Annual Report
Administrative Services Department Review:
City Attorney Review:
Procurement Division Review, i/'applicab/e:
City Manager Authorization: P( j
Date: 3%I ��a0dy
11 of 248
SEBASTIAN RIVERFRONT
COMMUNITY REDEVELOPMENT AGENCY
ANNUAL REPORT
Chapter 163.371 Florida Statute
arvoF
SEB�T�N
ems" ----
HOME OF PELICAN ISLAND
FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 2023
1225 MAIN STREET
SEBASTIAN, FLORIDA 32958
Riverfront CRA Annual Report 2023
12 of 248
SEBASTIAN RIVERFRONT
COMMUNITY REDEVELOPMENT AGENCY
ANNUAL REPORT
TABLE OF CONTENTS
Letter of Transmittal
List of Principal Official's ii
History 1
Exhibit I - Sebastian CRA Boundary 2
Accomplishments 3
FY 2023 Sebastian CRA Performance Activities 4
Table I — Performance Activities 2023 4
Table II — Fagade, Sign, & Landscape Grant 5
Tax Increment Revenues
5
Exhibit II — Operating Millage Rates in Redevelopment Area
6
Exhibit III — Taxable Value in Redevelopment Area
7
Exhibit IV — Tax Increment Revenue
8
Financial Statements
9
Balance Sheet
9
Statement of Revenues, Expenditures, and Changes in Fund Balances
10
Budget and Actual
1 1
Riverfront CRA Annual Report 2023
13 of 248
arYOF
SEBASTIAN
HOME OF PELICAN ISLAND
March 20, 2023
Sebastian Community Redevelopment Agency Board Chairman and Members
City of Sebastian, Florida
Dear Board Members:
We are pleased to submit the Annual Activity Report of the Sebastian Community Redevelopment Agency for
the fiscal year ended September 30, 2023. In accordance with Chapter 163.371 Florida Statutes, each CRA is
required to file with its governing body on or before March 31 each year a report of its activities for the
preceding fiscal year. This report shall include a complete financial statement setting forth its assets, liabilities,
income, and operating expenses as of the end of such fiscal year. In addition to meeting this legal requirement,
the report provides additional information concerning the benefits afforded by the agency to other jurisdictions
and citizenry in general.
Responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation,
including all disclosures, rests with the management of the City. We believe the data, as presented, is accurate
in all material respects, and that all disclosures necessary to enable the reader to gain an understanding of the
Sebastian CRA's operation and financial activity have been included.
Respectfully submitted,
Alix Bernard
Community Development Director/CRA Manager
City of Sebastian
Kenneth W. Killgore
Administrative Services Director
City of Sebastian
Riverfront CRA Annual Report 2023
14 of 248
LIST OF PRINCIPAL OFFICIALS
Community Redevelopment Board
As of
September 30, 2023
Chairman
Fred Jones
Vice Chairman
Christopher Nunn
Board Member
Kelly Dixon
Board Member
Ed Dodd
Board Member
Bob McPartlan
Riverfront CRA Annual Report 2023
15 of 248
History of the Sebastian Communitv Redevelopment A2enev (Sebastian CRA)
The Sebastian Community Redevelopment Agency (Sebastian CRA) was created in 1995 by the City of Sebastian City
Council under Chapter 163, Part IlI of the Florida Statutes. The original Sebastian CRA includes an area generally
bounded on the north, south and east by the City limits as of 1995, and on the west by the FEC Railroad right-of-way.
The Sebastian CRA was established to ensure that the downtown and surrounding vicinity would develop with a coherent
community vision, and to encourage reinvestment throughout the CRA. The area later was expanded in 2003 to include
the Sebastian Boulevard "Triangle" area west of the FEC Railroad right-of-way, which includes industrial and
commercial land use. The total Sebastian CRA land area is approximately 398 acres (Exhibit 1). Excluding road rights -
of -way, zoning and land use covers approximately 299 acres.
The governing body of the Sebastian CRA is the Sebastian City Council. The CRA Board is comprised of five (5)
members. Under the State Statutes and the City ordinances, the Sebastian CRA has substantial powers and authority
within the Sebastian CRA area. These include the power to make and execute contracts, to acquire and dispose property,
to approve development plans, to implement a program of voluntary or compulsory rehabilitation of buildings, to
mortgage its property, to borrow and invest money, and to apply for and accept grants and contributions.
The major funding source for the Sebastian CRA is tax increment revenue. Tax increment revenue is the increase in ad
valorem tax attributed to the increase in the assessed property value over a set `base year" for the redevelopment area. The
government jurisdictions remitting tax increment revenue to the Sebastian CRA are the City of Sebastian and the Indian
River County Board of County Commissioners.
After the establishment of the Sebastian CRA in 1995, the City established the Redevelopment Trust Fund and the base
year for tax increment revenues as well as adopted the 1995 Community Redevelopment Plan. The boundary was later
expanded to include the adjacent Sebastian Boulevard "Triangle" area in 2003, establishing a new base year for this area
of the CRA. The redevelopment plan was also modified on behalf of the Sebastian CRA in 2003, unifying the 1995
Sebastian CRA boundary and the expansion area as one cohesive CRA. The Master Plan was again updated in 2010,
presenting conceptual district recommendations, potential policy amendments, and capital improvements intended to meet
the City's redevelopment goals.
Termination of Sebastian CRA (F.S. 163.37551
A community redevelopment agency in existence on October 1, 2019, shall terminate on the expiration date provided in
the agency's charter on October 1, 2019, or on September 30, 2039, whichever is earlier. Unless the governing body of
the County or municipality that created the community redevelopment agency approves its continued existence by a
majority vote of the members of the governing body, the Sebastian CRA shall sunset on September 30, 2039.
Riverfront CRA Annual Report 2023 — 1
16 of 248
Accomplishments of the Sebastian Communitv Redeveloament ALrencv (Sebastian CRA)
The Sebastian CRA is treated as a special revenue fund of the City. An independent financial audit by an external CPA
firm has been accomplished annually to be in compliance with Section 163.387(8), Florida Statutes. An annual budget is
also adopted by the Sebastian CRA Board to be in compliance with Section 189.418(3). The Sebastian CRA has
continued to move towards achievement of the goals set out in the adopted Community Redevelopment Master Plan
(2010). Since the establishment of the original Sebastian CRA in 1995, numerous projects have been accomplished.
Accomplishments are as follows:
❑ Completed Riverview Park Phase I, boat dock, landscaping, and shoreline stabilization project in 2001.
❑ Developed community redevelopment master plan in 2003.
❑ Completed Jackson Street extension, sidewalk, and street light project in 2004.
❑ Completed improvements to the Yacht Club including the finger pier project.
❑ Completed construction on the Indian River Drive/Main Street intersection project.
❑ Established a Facade, Sign and Landscaping matching grant program.
❑ Received contribution from the Clambake Foundation and provided the balance of funding for the Flag Pole
project, which enhanced the view at the western entrance to the CRA area.
❑ Contributed $20,000 to a film production about the story of Pelican Island.
❑ Constructed information boards at Riverview Park and at the Main Street Boat Ramp Park.
❑ Updated the CRA Master Plan in 2010.
❑ Provided matching funds to the Stan Mayfield Grant that was used for the purchase of the Working Waterfront
Properties. Executed lease with Crab E. Bills for a commercial retail fish market and a retail commercial limited
food service "Eatery".
❑ Established a Sewer Connection Grant Program in 2015 to encourage septic to sewer conversions and reduce
pollution into the Indian River Lagoon. Obtained funding assistance from IRLNEP for the Septic to Sewer
assistance program in 2018 to the present.
❑ Completed roadway improvements to the Presidential Streets and Baffle Box installation for improved water
quality at the outfalls.
❑ Completed repairs to the CavCorp boat parking property.
❑ Completed a Riverfront Parking Study in 2011 resulting in the establishment of the Parking -in -lieu program for
parking within right-of-way of business district.
❑ Provided continued financial support for many events within the Riverfront District that attract many participants,
providing revenue to our local businesses since 2000 including: Pelican Island Festival, Earth Day, Clam Bake,
Shrimpfest, Concerts in the Park Series, and Fine Art Festival.
❑ Provided funding for Holiday decorations to enhance attraction to business district during holiday season.
❑ Acquired property along the Indian River shoreline for preservation as an extension of public property.
❑ Re -paved Indian River Drive and improved drainage swales and provided new enhanced pedestrian cross walks.
❑ Funded necessary repairs to the Working Waterfront historic property including: historic building repairs; new
elastic coating roof; new plumbing and dock maintenance.
❑ Funded Submerged Land Leases for continued waterfront access and riverfront activities.
❑ Completed design work on the Landscape and Signage for the Working Waterfront and CRA District.
❑ Completed conceptual park design and canopy tree preservation plan for Riverview Park that included: trees,
sidewalks, parking, and event areas.
❑ Initiated Sign Master Plan design by incorporating compatible public property identification signs throughout
Riverfront CRA District.
❑ Completed Riverview Park Sidewalks per the Park Master Plan.
❑ Continued implementation of the Sign Master Plan for the Working Waterfront and Riverfront CRA District.
❑ Completed construction of the Working Waterfront Shoreline Protection and Commercial Fishing Distribution
Center Parking Lot Improvement Plan.
❑ Completed Florida Inland Navigation District funds reporting for Fisherman's Landing Working Waterfront Park.
❑ Completed pedestrian walking trail connection from US Hwy 1 to Indian River Drive by constructing sidewalk on
N. Central Avenue as part of CDBG action plan.
❑ Continued funding of improvements to Riverfront Park including irrigation and landscape.
❑ Worked with FDOT on Complete Streets design for pending improvement project on US Hwy 1.
Riverfront CRA Annual Report 2023 — 3
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Tax Increment Revenue
The tax increment revenue is determined annually as 95 percent of the difference between: (a) the amount of ad valorem
taxes levied each year by each taxing authority contributing to the Sebastian CRA on taxable real property contained
within the redevelopment area, exclusive of the following entities:
Florida Inland Navigation District
Indian River County Mosquito Control District
Indian River County Hospital Maintenance District
School District, and associated General Obligation Debt funded by ad valorem taxes
Indian River County Land Acquisition Bond General Obligation Debt
Emergency Services Dependent Taxing District
St. Johns River Water Management District
Sebastian Inlet Taxing District
and (b) the amount of ad valorem taxes which would have been generated by the rate at which the tax is levied each year
by the taxing authority, exclusive of the following entities:
Florida Inland Navigation District
Indian River County Mosquito Control District
Indian River County Hospital Maintenance District
School District, and associated General Obligation Debt funded by ad valorem taxes
Indian River County Land Acquisition Bond General obligation Debt
Emergency Services Dependent Taxing District
St. Johns River Water Management District
Sebastian Inlet Taxing District
upon the total of the assessed value of the taxable real property in the community redevelopment area as shown on the
assessment roll used by each taxing authority prior to March 22, 1995, the effective date of the ordinance creating the
Redevelopment Trust Fund. Indian River County Board of County Commissioners and the City of Sebastian currently
make tax increment payments into the Sebastian CRA Trust Fund.
The City's millage decreased from $5.00 per $1,000 in FY 2001 to $2.9050 per $1,000 in FY 2023. The millage for
Indian River County has been decreased from $4.1014 per $1,000 in FY 2001 to $3.5475 per $1,000 in FY 2023. Rates
from 2001 through 2023 are presented in Exhibit III below.
Riverfront CRA Annual Report 2023 — 5
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SEBASTIAN
CENTENNIAL CELEBRATION
1911.1014
SEBASTIAN CITY COUNCIL
BOARD OF ADJUSTMENT
& REGULAR MEETING MINUTES
WEDNESDAY, FEBRUARY 14, 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 McPartlan led the Pledge of Allegiance.
4. ROLL CALL
Mayor Ed Dodd
Vice Mayor Kelly Dixon
Council Member Fred Jones
Council Member Bob McPartlan
Council Member Chris Nunn
Staff Present:
City Manager Brian Benton
City Attorney Jennifer Cockcroft
City Clerk Jeanette Williams
Deputy City Clerk Catherine Walker
Finance Director/CFO Ken Killgore
Community Development Director Alix Bernard
Community Development Manager Dorri Bosworth
Parks and Recreation Director Richard Blankenship
Police Captain Tim Wood
5. AGENDA MODIFICATIONS
Mayor Dodd requested to add the discussion of joining a Form 6 lawsuit as New Business Item
14E. It was unanimously supported with a voice vote.
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
A. Proclamation - Declarins? the Citv of Sebastian to be a Moonshot Communitv
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Mayor Dodd read and presented the proclamation to Marie O'Brien and members of the
Indian River County Learning Alliance. Sebastian River High School State Football
Champ Coach William Franklin described how literacy directly impacts the success of
the football team and the children.
BriefAnnouncements:
Friday, February 16 — Chamber of Commerce Concert in the Park — St. John's Wood — 5: 30pm-
8. OOpm
Saturday, February 17 - Sebastian River Art Club at Riverview Park - IOam - 3pm
Monday, February 19- In Observance of Presidents Day City Hall will be closed
FDOT Workshop to develop viable alternatives to widen CR510 from 58`h Avenue to east
of SR 51US I from two to four lanes including sidewalks, bike lanes, and multi -use paths
Virtual - February 27 at 6:06pm https:llbit.lvlcr510Dde
In Person - February 29 at 5: 30pm in the IRC MPO Boardroom
Mayor Dodd announced that Council Member McPartlan was appointed as the chairman
of the Indian River County Metropolitan Planning Organization this morning.
Vice Mayor Dixon announced the upcoming events.
7. PUBLIC INPUT
Richard Gillmor, Sebastian, thanked Council for their service noting they receive very
little salary for what they do and maybe at the next Charter Review, their salaries could
be increased. He also thanked the City Manager for the current park conditions.
8. Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment
meeting at 6:19 p.m.
A. MOTION by Mr. Jones and SECOND by Mr. Nunn to approve the minutes of the
January 10, 2024 Board of Adjustment meeting were approved with a unanimous
voice vote of 5-0.
B. Variance Request from Property Owners Andrew & Alina Davis for Relief from
Section 54-2-7.7(c)(1) of the Land Development Code to Allow a 6-foot High
Fence to Extend 1.25 feet (15 inches) Bevond the Front House Line into the Front
Yard Whereas the Code Requires the Fence to be a Maximum of 4-feet High on
the Proverty Located at 658 Badger Street (Transmittal, Staff Report. Exhibits A-
D
The City Attorney read the title to Mr. and Mrs. Davis' request and swore in all who
would be providing testimony. There were no ex parte communications to disclose.
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Andrew Davis introduced himself and went over the photos in the agenda backup
indicating the layout was carelessly planned by the original builder since the septic drain
field was buried across the front plain of the house and there was no alternative option to
properly install the posts for the gates. He requested approval of the variance.
The Community Development Manager said the code allows a fence to be on the
property line but designates when you must drop down from a 6 foot fence to a 4 foot
fence and noted Mr. Davis did not have a say in the placement of the septic tank. She
said staff did offer four options on page 42 and 43 that would allow Mr. Davis to
maintain some privacy and staff was recommending option B or D.
Mr. Nunn said this situation was exactly why there are variances, and he asked if they
could avoid this in the future by making sure the septic drain field sits back behind the
house.
The Community Development Manager said staff has been finding there is quite a few of
residents coming in on corner lots. She offered to change the fence code if the board felt
there was a reasonable amount of tanks planned for the front of the house or they could
adjust the septic tank code so that no part of the tank could be in front of the front house
line.
Mr. Nunn said option B made the most sense. Mr. Jones said this is a prime example of
why they have variance requests; he favored item B.
Chairman Dodd said the Health Department sets the position on the septic tanks so they
should be careful of making a change to the drain field.
MOTION by Mr. Nunn and SECOND by Vice Chair Dixon to approve variance option
B. There was no public input. A unanimous voice vote of 5-0 was taken.
9. Chairman Dodd adjourned the Board of Adjustment meeting and reconvened the City
Council meeting at 6:38 p.m.
10. CONSENT AGENDA
A. Approval of Minutes — January 24 2024 Work Session
B. Approval of Minutes — January 24 2024 Regular City Council Meeting
24.028 C. Request for the Natural Resources Board to Sell Alcohol (Beer Only) at the
Upcoming Earth Day Celebration in Riverview Park (Transmittal Proposal)
24.029 D. Approve Amendment #3 to ITB 23-15 for Citywide Swale Improvements in
Conjunction with Roadway Repaving (Transmittal, ITB, Bid Sheet, Agreement)
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24.030 E. Approve Grant Administration Services from Guardian CRM, Inc. for CDBG
Entitlement Funding for Annual Action Plan FY 2023/2024 (Transmittal, CSA#8,
Letter)
24.031 F. Alcohol Beverage Approval (Transmittal, Application, Receipt)
Mayor Dodd and Council Member Jones asked to pull Item D.
MOTION by Council Member Nunn and SECOND by Council Member McPartlan to
approve Consent Agenda Items A, B, C, E and F.
Roll call: Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Motion carried. 5-0
Item D - Annrove Amendment #3 to ITB 23-15 for Citvwide Swale Improvements in
Coniunction with Roadwav Reoaving Program
Mayor Dodd stated that he pulled this item to point out that no additional money would
be needed for this amendment. The City Manager confirmed this was in conjunction
with the road repaving project.
MOTION by Mayor Dodd and SECOND by Council Member Nunn to approve Consent
Agenda Item D passed with a unanimous voice vote of 5-0.
11. COMMITTEE REPORTS & APPOINTMENTS
24.032 A. Natural Resources Board (Transmittal, Applications, Member List,
Advertisement)
Mike Clifford, applicant, introduced himself stating he has lived in Sebastian since 1978.
Council Member Jones thanked him for volunteering for the board.
Matt Krauss, applicant, introduced himself stating he has experience in the natural
resources field and he would like to volunteer for the City.
MOTION by Vice Mayor Dixon and SECOND by Council Member Nunn to appoint Mr.
Clifford and Mr. Krauss to the Natural Resources Board.
The City Clerk asked the Mayor to identify which position each gentleman would be
taking noting there is a provision that a full term can be added to a remaining term of
three months or less. She asked that the advertising rules be waived to make the first
position expire in three years, five months to give the applicant a full term.
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Vice Mayor Dixon and Council Member Nunn agreed to withdraw their motion.
MOTION by Council Member Nunn to waive the rules to extend the term to year 2027,
allowing Michael Clifford take Mr. Carrier's position. The motion was seconded by
Council Member McPartlan and passed with a unanimous voice vote of 5-0.
MOTION by Mayor Dodd and SECOND by Vice Mayor Dixon to have Matt Krauss take
Ms. Callaghan's position until July 2025 passed with a unanimous voice vote of 5-0.
24.007 B. Citizens Budget Review Advisory Board (Transmittal, Application, Member List,
Advertisement)
MOTION by Mayor Dodd and SECOND by Vice Mayor Dixon to reappoint Grace Reed
to the alternate member position passed with a unanimous voice vote of 5-0. Council
Member Jones thanked Ms. Reed for her continued success on the board.
24.035 C. Discussion and Appointment of Sebastian River Area Chamber of Commerce Ex
Officio Board Liaison (Transmittal, Letter)
Mayor Dodd asked to add this position on the regional board and committee list that is
reviewed each December after the election. He noted that Council Member Nunn has
been serving on the board for the last year and a half and he proposed that he continued
that service. There was unanimous consent to have Council Member Nunn continue with
Council Member Jones serving as the alternate member.
Mayor Dodd called for a break at 6:52 p.m. and upon return at 6:57 p.m., all members were present.
12. PUBLIC HEARINGS
24.036 A. First Reading and Public Hearing of Ordinance No. 0-24-01 - Proposed Land
Development Code Amendment — Article XXII and Article XVI Amending
Sections Relating to Murals (Transmittal, 0-24-01)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND
DEVELOPMENT CODE SECTION 54-5-22.2 PROVIDING A DEFINITIONS OF
TERMS REGARDING MURALS; AMENDING SECTION 54-3-16.3 PROVIDING
FOR EXEMPTIONS PERTAINING TO MURALS; 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 Manager read the title of Ordinance No. 0-24-01. The Community
Development Director said staff was making the recommendations underlined in blue (in
the agenda backup) to bring more conformity to what was already on the books. Council
Member Jones noted mixed materials would be allowed as long as the image conforms
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with the established rules. Council Member Nunn confirmed that this would be allowed
on City owned buildings.
MOTION by Council Member Nunn and SECOND by Council Member Jones to pass
Ordinance No. 0-24-01 on first reading and set the next reading for February 28 passed
with a unanimous voice vote of 5-0. There was no public input.
24.037 B. First Reading and Ouasi-Judicial Hearing of Ordinance No. 0-24-02 — Request
for Rezoning — Old Public Works Compound (Transmittal, 0-24-02, Ret)ort)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A
ZONING CLASSIFICATION OF CG (COMMERCIAL GENERAL) FROM THE
CURRENT ZONING DESIGNATION OF PS (PUBLIC SERVICE), FOR LAND
CONSISTING OF 4.13 ACRES, MORE OR LESS, KNOWN AS THE OLD PUBLIC
WORKS COMPOUND; LOCATED NORTH OF SEBASTIAN BOULEVARD,
SOUTH AND WEST OF ORANGE HEIGHTS SUBDIVISION, AND WEST OF
AMERICAN LEGION POST 189; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read the title of Ordinance No. 0-24-02. The Community
Development Director said staff felt the highest and best use would be to rezone the
property from public service to general commercial. There was no ex parte
communication to disclose from any members. There was no one to speak in favor or
against this request.
Council Members Nunn and Jones said they were happy this was moving forward. The
City Attorney asked them to restrict the discussion to the zoning and not the potential
future purchase of the property.
MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve
Ordinance No. 0-24-02 on first reading and set a second reading for February 28`h.
Roll call: Mayor Dodd - aye
Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Motion carried. 5-0
24.038 C. First Readinp, and Quasi -Judicial Public Hearing of Ordinance No. 0-24-03 —
Request for Rezoning — Warrior Recvclina (Transmittal, 0-24-03, Reuort)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A
ZONING CLASSIFICATION OF HI (HEAVY INDUSTRIAL) FROM THE CURRENT
ZONING DESIGNATION OF IN (INDUSTRIAL), FOR LAND CONSISTING OF 5.13
ACRES, MORE OR LESS, KNOWN AS WARRIOR RECYCLING; LOCATED
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NORTH OF THE CITY OF SEBASTIAN'S AIRPORT, SOUTH AND WEST OF
CRAIL WAREHOUSE, AND EAST OF RESIDENTIAL DEVELOPMENT;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the title of Ordinance No. 0-24-03 and Mayor Dodd opened the
public hearing at 7:08 p.m. There were no ex parte communications to disclose. The
City Clerk swore in those who were to provide testimony.
Rebecca Grohall, MBV Engineering, 1835 20`h Street, Vero Beach, representing Mr.
Cook said she didn't have a formal presentation but was available to answer any
questions.
The Community Development Director stated the current zoning is industrial and the
request is for heavy industrial, which is alignment with the future land use. There was no
one to speak in favor or against the request.
Council Member Nunn noted the property is on Roseland Road by the landfill station
where it is a good fit; he was in favor of the request.
MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to
approve Ordinance No. 0-24-03 on first reading.
Roll call: Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Motion carried. 5-0
13. UNFINISHED BUSINESS - None
14. NEW BUSINESS
24.039 A. Consideration of Agreement for Reimbursement of Costs for Solid Waste
Collection and Disposal Services Non -Ad Valorem Assessments between the Citv
of Sebastian and the Indian River Countv Tax Collector and Authorize the Mavor
to Execute ADDroDriate Documentation (Transmittal, Agreement, R-23-37)
The City Manager reviewed the details of the City's intent to use the uniform method for
the collection of a non -ad valorem special assessment for solid waste collection and
disposal services. He said it was a cost estimate of $59,521.54 that was based on the
current number of households that Waste Management is servicing. He is requested
approval of the agreement.
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Council Member Jones asked if this would affect the cost of the budget in the future. The
City Manager stated that the franchise fee will would help to recover the cost incurred by
the City which can be discussed during the budget process.
MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve the
agreement between the City and the Indian River County Tax Collector for the
reimbursement of cost for solid waste collection and disposal services for the non -ad
valorem assessment.
Roll call: Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Motion carried. 5-0
24.040 B. Approve the Purchase of One E48 R2-Series Bobcat Compact Excavator at the
Price of $66.962.92 "Piaavbackina" Off of Sourcewell Contract #040319-CEC
with Clark Eauipment Companv dba Bobcat Companv (Transmittal, Ouotes,
Contract)
The City Manager stated this machinery is used to clean the ditches and swales; it wasn't
budgeted for replacement this year but the existing machine recently broke down. He said
staff is renting an excavator for $2,770 a month which compelled them to review the
replacement options as noted in the agenda backup. He recommended the piggyback
purchase of the E48 R2 series Bobcat compact excavator in the amount of $66,962.92.
MOTION by Council Member Jones and SECOND by Council Member Nunn to
recommend approval of the Purchase of one E48 R2-Series Bobcat Compact Excavator at
the price of $66,962.92. There was no public input.
Roll call: Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Council Member Jones - aye
Motion carried. 5-0
24.041 C. Approve the Purchase of One Nissan Frontier Pick -Up Truck at the Price of
$33,599.00 as a Cooperative Purchase under the Florida Sheriff's Association
Contract #FSA23-VEL31.0 from Terry Tavlor's Deland Nissan Inc. (Transmittal,
Ouotes, Contract)
The City Manager stated due to the Building Department's heavy workload, staff was
requesting approval of the pickup truck. There was no public input.
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MOTION by Vice Mayor Dixon and SECOND by Council Member Nunn to recommend
approval of the purchase of one Nissan Frontier Pickup Truck at the price of $33,599.
Roll call: Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Motion carried. 5-0
24.042 D. Approve Express Clydesdales Parade Agreement to Provide Clvdesdales Horses
for the Centennial Celebration in the Amount of $13,864.00 (Transmittal,
Agreement, Certificate)
The City Clerk stated in response to the Centennial Task Force's request to have
Clydesdale horses in a parade this year, Express Clydesdales out of Yukon, Oklahoma
responded that they would be available on December 8`h to lead the festivities into
Riverview Park. She stated depending on logistics and turn radiuses, Express Clydesdales
has a stage coach or wagon that can come for the parade and she asked for approval.
The City Manager stated that staff will create a purchase order for half of the expense in
this fiscal year and then the final payment will fall into the next fiscal year.
MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to recommend
approval of the Express Clydesdales Parade Agreement to provide Clydesdales horses for
the Centennial Celebration in the amount of $13,864.00.
Roll call: Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Motion carried. 5-0
Added E. Consider Participating in a Lawsuit Seeking a Declaration that the Provisions of
Section 112.144(1)(d), Florida Statutes, that require Municipal Elected Official to
File Form 6 is Unconstitutional and Invalid
The City Attorney reviewed the new law requiring municipal officials to fill out the Form
6 Financial Disclosure form. She said Weiss, Serota, Helfinan, Cole and Bierman, P.L.
will be filing a lawsuit declaring the new mandate unconstitutional and any city can join
for a flat fee of $10,000 or any councilman could be named plaintiff for a fee of $2,000 as
well.
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She asked for discussion to be a part of the trial level lawsuit. She noted that a temporary
injunction would be more likely if there are more named individuals than municipalities.
Council Member Nunn said by joining the lawsuit, it will help any future Council
Members as well because the Form 6 is requiring such a detailed disclosure and the
legislature should realize what they have mandated.
Vice Mayor Dixon asked how much it would cost to have someone help them fill out the
Form 6 and the City Attorney stated some cities were considering reimbursing the City
officials.
Mayor Dodd pointed out that if the City decided not to join the lawsuit that would not be
a reimbursable expense but Council could consider reimbursing a CPA to help with the
filing. Council Member Jones said it was important to stand with the other sister cities.
Mayor Dodd said it was too late to resign and not do a Form 6; and, if an injunction isn't
approved by July 1 they will have to do a Form 6 anyway.
Council Member McPartlan said his salary was on the state's website but for others it is
an invasion of privacy and it was time for all of them to band together.
MOTION by Council Member McPartlan and SECOND by Council Member Nunn, to
approve the $10,000 to sign the City of Sebastian with the rest of the cities through
Resolution No. R-24-10.
The City Attorney read the title of Resolution R-24-10:
A Resolution of City of Sebastian, Florida, Authorizing
Participation In A Lawsuit Seeking A Declaration That The
Provisions Of Section 112.144(1)(d), Florida Statutes, That
Require Municipal Elected Officials To File Form 6 Financial
Disclosure Firms Is Unconstitutional And Invalid, And Providing
For An Effective Date.
There was no public input.
Roll call: Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Motion carried. 5-0
MOTION by Mayor Dodd and SECOND by Council Member Jones to approve the
funding for R-24-10 and that it be pulled from the General Fund Reserves.
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Roll call:
Motion carried
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd -aye
Vice Mayor Dixon - aye
. 5-0
7: 48 pm
15. CITY ATTORNEY MATTERS - None
16. CITY MANAGER MATTERS
With regard to the paving project currently underway on U.S. Hwy 1, he said the Florida
Department of Transportation plans to pave in the evenings from Sunday night through
Thursday night.
17. CITY CLERK MATTERS - None
18. CITY COUNCIL MATTERS
A. Council Member McPartlan - None
B. Council Member Jones stated he would like the Council to have a float in the
Christmas parade to present a united front this Centennial year. It was the
consensus of Council to participate in the Christmas parade on a float.
C. Council Member Nunn requested discussion on the number of for -profit rentals
from a single organization of Riverview Park emphasizing that he wasn't
concerned with the quality of the program or the content of what might be in the
event and he wasn't speaking about non -profits or clubs that help further local
artist programs but a few businesses have expressed concern to him asking why
someone can rent the park as many times as they want but they are limited on
their own property for events that they want. He asked if they should limit the
number of times a single entity is renting the park.
Vice Mayor Dixon said it was worth looking into.
Council Member Jones cited the Land Development Code providing for six
events a calendar year and said if there was a way to give the businesses more
opportunities to hold events they should look into it.
Council Member Nunn asked if there is enough interest to bring this back.
Council Member McPartlan noted Council Member Jones is talking about
business events but Council Member Nunn is talking about park rentals. He said
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he would like to see an event in the park every weekend because the events draw
people into town.
Mayor Dodd agreed that an empty park doesn't help anybody. He said from his
time on the Planning and Zoning Commission they spent a lot of time discussing
how many times a business can have a temporary use permit to operate in their
business. He said he would rather be looking at the temporary use permit process
rather than renting the park.
The Community Development Manager said the discussion about the six events
came from the flea markets at the church. She noted the event has to be
something that isn't normally done. The church is public service but the flea
markets were more retail so they limited the markets to six times a year making it
so there was enough times to have the market but not enough that it was changing
the use of the site.
Mayor Dodd said they needed to be careful that they don't take one incident and
turn it into a rule that is worse than what they got. He said he didn't think the
Melbourne crafters were taking away a businesses' right to sell products. He said
he would have to see some proof that a business was being prohibited from doing
something they want to do.
Council Member Nunn asked if businesses were denied permits because there
were too many events. The Community Development Manager said they only one
was the church for the flea markets. She noted this was the same code that allows
fireworks companies to come in for the 4`h of July fireworks so they don't have to
get a business tax receipt and also since they aren't open all the time.
Council Member Nunn said he was satisfied with the discussion and possibly they
could look at the ordinance related to special permits down the road if needed.
D. Vice Mayor Dixon said it was brought to her attention that the boat trailer parking
is hard to come by with the big events and asked if boat parking could be blocked
off for the boaters. The City Manager offered to have more signage for the
events.
E. Mayor Dodd extended his appreciation to the City Manager and staff as he has
had more compliments about the attentiveness that the City is now moving
forward with things which is a testament to the dedication of staff and City
Manager. He said the City is heading in a very good direction.
19. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at
8:15 p.m.
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Approved at the March 20, 2024 Regular City Council meeting.
Mayor Ed Dodd
ATTEST.•
Jeanette Williams, City Clerk
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Y
SEBASTIAN
CENIENNIAL CELEBRATION
1914 -1014
SEBASTIAN CITY COUNCIL
REGULAR MEETING
MINUTES
WEDNESDAY, FEBRUARY 28, 2024 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
l . Mayor Dodd called the regular meeting to order at 6:00 p.m.
2. Deacon Bob Quinnell of St. Elizabeth's Episcopal Church gave the invocation.
Council Member Jones led the Pledge of Allegiance.
4. ROLL CALL
Mayor Ed Dodd
Vice Mayor Kelly Dixon
Council Member Fred Jones
Council Member Bob McPartlan
Council Member Chris Nunn
Staff Present:
City Manager Brian Benton
City Attorney Jennifer Cockcroft
City Clerk Jeanette Williams
Deputy City Clerk Catherine Walker
Community Development Director Alix Bernard
Community Development Manager Dorri Bosworth
City Engineer/Stormwater Director Karen Miller
Parks and Recreation Director Richard Blankenship
Contracts and Procurement Manager Jessica Graham
Communications and Social Media Coordinator Avery Joens
Deputy Police Chief Greg Witt
5. AGENDA MODIFICATIONS - None
6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS
24.044 A. Sebastian Police Department Life Saving Awards
i. First Incident: (Three Awards) Dispatcher Joann Patterson. Dispatcher
Bonnie Hup-hes. and Officer Matthew Didier,
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The Police Chief described an incident that occurred on December 29, 2023
where a subject was having trouble breathing because he placed a zip tie around
his neck. Dispatchers Patterson and Hughes were able to triangulate the call to
send Officer Didier on site to cut the zip tie off; injuring himself in the process.
Chief Acosta presented each of them a lifesaving pin, coin and certificate.
ii. Second Incident, (Two Awards) Officer Eric Antosia and Officer
Beniamin Buffington
On January 13, 2024, an emergency call came in where the caller had just arrived
to find her grandparents and dog unconscious. Officers Antosia and Buffington
arrived and removed the residents and dog from the house. Mr. Dillon thanked
the officers for their split second response in saving the lives of his parents. Chief
Acosta presented Officer Buffington with a pin, coin and certificate. Officer
Antosia was not in attendance.
24.045 B. Proclamation — Irish American Heritage Month, March 2024 - Jim Sullivan,
Committee Member of the Ancient Order of Hibernians and Louise Sullivan,
Florida State President of the Ladies Ancient Order of Hibernians
Mayor Dodd read and presented the proclamation to Mary Macnemy, President of
the Ladies Order of Indian River County who explained their goal is to promote
the Irish American culture but their real goal is to support the community and
make it a better place.
24.046 C. Proclamation and Presentation — Meals on Wheels - Karen Diegl, the President
and CEO of Senior Resource Association
Mayor Dodd read and presented the proclamation to Ms. Diegl who described the
benefits of the program. She invited anyone interested to help out with delivering
the meals.
24.047 D. Proclamation — Flood Awareness Week — March 4th to 10th, 2024 - Community
Development Deoartment Senior Planner Michelle Faulkner, Certified Floodolain
Manager
Mayor Dodd read the proclamation and urged residents to consider a low cost
flood insurance policy.
24.048 E. John Titkanich. Jr., ICMA-CM, AICP. Indian River Countv Administrator -
Sewer Line Extension to 490 US- I. Sebastian
Mr. Titkanich said regarding the extension of the sewer line to the No Name Bar,
the County did extend a two inch forced main line in the right of way which abuts
the property line of Mr. Gilliams' establishment. It was 100 linear feet to avoid
any question that he must connect to the sanitary sewer system when it became
available.
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It is important to note that the County did not connect Mr. Gilliams' establishment
to the system. Staff met with Mr. Gilliams on January 3 which is prior to him
appearing before the Commission on January 23, which is one day prior to his
appearance before City Council. In addition to discussing the connection, he
requested a fee reduction or financial assistance to which staff said wasn't
possible. He is still responsible for the private costs to connect to the system --
connection fee of $5,329 and impact fees of $8,308. He did agree to finance the
impact fee for a simple interest loan over 5 year period and there is a lien on his
property. Mr. Titkanich explained the pipe sections come in manufactured 100
foot sections which is why the 100 foot section was extended. He was issued a
utilities connection permit on January 17 but has yet to pay his connection fee
thus he is not connected to the County's system. Statutes provide that an owner
of system that needs repairs must connect to an available system within 90 days;
County code states that no connection will be required unless capacity is
available.
Additionally statutes provide that an establishment be within 50 feet of the
property line as accessed by the right-of-way. Based on the County Attorney's
opinion, staff did extend the line to the system to eliminate any argument that Mr.
Gilliams might have concerning the availability of sanitary sewer to service his
property. This was concerning given the gravity of the pending order by the
Indian River County Environmental Control Hearing Board to abate the sanitary
nuisance created by Mr. Gilliams to connect to the system and the conditions he
has created by virtue of maintaining his property in such a manner.
On January 18, unbeknownst of the pending request to speak before the Board of
County Commission, staff met with Mr. Gilliams to discuss the cost of extending
the line from the stub out along Harrison to the No Name Bar. County personnel
performed the work except for the bore. The contractor provided the bore quote
on January 18, the requisition was entered on January 19, the purchase order on
January 23 and this time, the efficiency of government worked and the contractor
started work on January 24. Mr. Gilliam's appearance before County had no
bearing on the decision to extend the line. He asked the Commission the same
request that staff refused. Mr. Gilliams comments to City Council do not reflect
what transpired. He exaggerated the circumstances and the events. Mr. Titkanich
confirmed that County staff was never directed to provide assistance to Mr.
Gilliams.
He said he has had conversations with staff and senior staff related to sensitive
matters and he trusts that in the future they will be elevated to County
Administration and his comments will bring clarity to Council and the citizens.
He said it was unfortunate that it came to this and he apologized for the inaccurate
information.
24.049 F. Introduction of New Procurement/Contracts Manauer Jessica Graham
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The City Manager introduced Ms. Graham.
24.050 G. Introduction of New Communications and Social Media Coordinator Avery Joens
The City Manager introduced Ms. Joens.
BriefAnnouncements:
Friday, March I — Chamber of Commerce Concert in the Park — 5:30 p.m.-8: 00 p.m. —
Group Therapy
March 9 to 16 — Presidential Preference Primary Early Voting in Council Chambers — 8
a.m. to 4 p. m.
Tuesday, March 19- Presidential Preference Primary Vote at Your Local Precinct_r•om
a.m. to 7 p.m. — Find your precinct at www.ioteiiidianriier.com
Vice Mayor Dixon announced the upcoming events.
7. PUBLIC INPUT
Frank Nolan asked Council to bring back the Substance Abuse and Mental Health
Seminar that has been previously provided by the Police Department.
He thanked Council Member McPartlan for his work with the Point -in -Time Homeless
Count. He asked Council to take action on the homeless crisis.
Zoom Input
Jim Conly asked Council to draft a resolution to dedicate June 8`h as U.S.S. Liberty Day
to acknowledge the troops for their service.
Molly Codner said the recently passed HB269 making flyer distribution a hate crime is
unfairly censoring people and free thoughts. Mayor Dodd asked her to create a petition
to present to the City Manager. Council Member McPartlan noted that Council does pass
a resolution every year supporting the Constitution.
Three more speakers followed but they seemed to be recordings or artificial intelligence.
8. CONSENT AGENDA
24.051 A. Approve Resolution No. R-24-05 - Ratifving the Submittal of a Grant Application
for the Land and Water Conservation Program for Renovations and Upgrades
(Transmittal, R-24-05, Application:
httDs://weblink.citvofsebastian.ore/WebLink/DocView.asax?id=278594&dbid=0&reno=City )
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, RATIFYING THE SUBMITTAL OF A GRANT APPLICATION FOR THE
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LAND AND WATER CONSERVATION PROGRAM FOR RENOVATIONS AND
UPGRADES TO RIVERVIEW PARK; PROVIDING FOR CONFLICTS; PROVIDING
FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
24.052 B. Renewal of RFO #21-01 Continuing Engineering Services and Authorization for
the Citv Manager to Execute all Appropriate Documents. (Transmittal, Renewal
Requests)
24.053 C. Alcohol Beverage Approval (Transmittal. Application. Receipt)
24.054 D. Alcohol Beverage Approval (Transmittal. Application. Receipt)
Mayor Dodd asked to pull Item A.
MOTION by Council Member McPartlan and SECOND by Council Member Nunn to
approve consent agenda items B, C, and D.
Roll call: Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Motion carried. 5-0
Item A — Resolution No. R-24-05
Mayor Dodd advised that this grant request was to continue the Riverview Park upgrades.
The City Attorney read the title of Resolution No. R-24-05.
MOTION by Council Member Jones and SECOND by Council Member Nunn to approve
Resolution No. R-24-05 related to the grant application for the Land and Water
Conservation Program Renovations and Upgrades.
Roll call: Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Motion carried. 5-0
9. COMMITTEE REPORTS & APPOINTMENTS
Indian River Countv Beach & Shore Preservation Advisory Committee
Council Member Jones reported that turtle nesting season starts March 1" for Indian
River County and the County is still moving forward with the derelict vessel removal
program.
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10. PUBLIC HEARINGS
24.036 A. Second Reading and Public Hearing of Ordinance No. 0-24-01 - Proposed Land
Development Code Amendment — Article XXII and Article XVI Amending
Sections Relating to Murals (Transmittal, 0-24-01)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND
DEVELOPMENT CODE SECTION 54-5-22.2 PROVIDING A DEFINITIONS OF
TERMS REGARDING MURALS; AMENDING SECTION 54-3-16.3 PROVIDING
FOR EXEMPTIONS PERTAINING TO MURALS; 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. 0-24-01 and Mayor Dodd opened the
public hearing at 6:53 p.m. The Community Development Director said this was a
housekeeping item to make the program function the way it is working. There was no
public input and Mayor Dodd closed the public hearing.
MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve
Ordinance No. 0-24-01.
Roll call: Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Council Member Jones - aye
Motion carried. 5-0
24.055 B. Second Reading and Adoption Hearing - Reauest for Comprehensive Plan Text
Amendment — City of Sebastian Water Supply Plan (Transmittal, 0-23-10, Plan)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE
COMPREHENSIVE PLAN; AMENDING THE COMPREHENSIVE 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; AND PROVIDING FOR AN
EFFECTIVE DATE AND PROVIDING ADOPTION SCHEDULE.
Mayor opened the public hearing at 6:55 p.m. for Ordinance No. 0-23-10 and the City
Attorney read the title. The Community Development Director said this was in alignment
with the City's Comprehensive Plan with regards to the City's water supply plan. There
was no public input and Mayor Dodd closed the public hearing.
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MOTION by Council Member McPartlan and SECOND by Council Member Jones to
approve Ordinance No. 0-23-10.
Roll call: Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Motion carried. 5-0
24.037 C. Second Readinu and Ouasi-Judicial Hearing of Ordinance No. 0-24-02 — Request
for Rezoninu — Old Public Works Compound (Transmittal, 0-24-02, Report)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A
ZONING CLASSIFICATION OF CG (COMMERCIAL GENERAL) FROM THE
CURRENT ZONING DESIGNATION OF PS (PUBLIC SERVICE), FOR LAND
CONSISTING OF 4.13 ACRES, MORE OR LESS, KNOWN AS THE OLD PUBLIC
WORKS COMPOUND; LOCATED NORTH OF SEBASTIAN BOULEVARD,
SOUTH AND WEST OF ORANGE HEIGHTS SUBDIVISION, AND WEST OF
AMERICAN LEGION POST 189; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND
PROVIDING FOR AN EFFECTIVE DATE
Mayor Dodd opened the public hearing at 6:58 p.m. and the City Attorney read the title to
the Ordinance 0-24-02. There were no ex parte communications to disclose. The City
Clerk swore in those who would provide testimony. The Community Development
Director said this was for the old public works compound in which the City was looking
to rezone the property to general commercial and nothing has changed since the first
reading. There was no one to speak for or against the rezoning
MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve
Ordinance No. 0-24-02.
Roll call: Mayor Dodd
- aye
Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Motion carried. 5-0
24.056 D. Second Readinu and Ouasi-Judicial Public Hearinu of Ordinance No. 0-24-03 —
Request for Rezoninu — Warrior Recvclinu (Transmittal. 0-24-03. Report)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A
ZONING CLASSIFICATION OF HI (HEAVY INDUSTRIAL) FROM THE CURRENT
ZONING DESIGNATION OF IN (INDUSTRIAL), FOR LAND CONSISTING OF 5.13
ACRES, MORE OR LESS, KNOWN AS WARRIOR RECYCLING; LOCATED
NORTH OF THE CITY OF SEBASTIAN'S AIRPORT, SOUTH AND WEST OF
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CRAIL WAREHOUSE, AND EAST OF RESIDENTIAL DEVELOPMENT;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Dodd opened the public hearing at 7:00 p.m. and the City Attorney read the title
of Ordinance No. 0-24-03. There were no ex parte communications to disclose. The
City Clerk swore in those who would provide testimony. The Community Development
Director said this was the second reading and the applicant is requesting zoning to heavy
industrial which is in alignment to the Comprehensive Plan. There was no one to speak
for or against the request.
Roll call: Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Motion carried. 5-0
24.057 E. Ouasi-Judicial Public Hearing of Resolution R-24-03 — Request for a Special Use
Permit — Sebastian RV Park — 608 Davis Street — CWR Zonine District
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING A SPECIAL USE PERMIT PURSUANT TO LAND
DEVELOPMENT CODE SECTION 54-2-3.1 FOR A SMALL RV PARK TO BE
LOCATED AT 608 DAVIS STREET WITHIN THE RIVERFRONT OVERLAY
DISTRICT'S CWR (COMMERCIAL WATERFRONT RESIDENTIAL) ZONING
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SCRIVERNER'S ERRORS; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR AN EXPIRATION DATE.
Mayor Dodd opened the public hearing at 7:03 p.m. and the City Attorney read the title to
Resolution No. R-24-03. There were no ex parte communications to disclose. The City
Clerk swore in those who would provide testimony.
Elliese Shaughnessy, P.E. project engineer introduced herself as well as the project
owners, Sydney Allison Stoyka and Craig Stoyka. Ms. Shaughnessy displayed a
PowerPoint indicating the project location and surrounding properties as well as their
proposed conceptual plan. (See attached) She said the special use they are requesting is
not currently allowed anywhere in Sebastian. It will be an RV park that will be more like
a luxury campground with eight RV sites in addition to approximately five cottages with
the owner's home on the property as well. She noted they are planning to keep a lot of
the trees on the property along with the dense buffering around the property. The RV
sites will have full hook-ups that will include water and electric and the owners would
like to do short term rentals for those wanting a quieter place to stay. There will also be
an amenity center on site to provide an outdoor cooking area, dining space, showers and
laundry. The owners will stay on the property to provide 24/7 service to ensure a clean
environment. The owners said they agreed to most of the Planning and Zoning
Commission's conditions except for the 30 day maximum stay for the RV rentals; in
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7:12 pm
addition, they are also hoping for more flexibility on the unit count to make the best use
of the land as they map out the sites.
The Community Development Manager said for a special use permit they are just
considering the use with some of approvals shown in the conceptual plan. If it is
approved, the next step is for them to bring in a full site plan. On pages 107 & 108, there
are six conditions that staff requested and from the Planning & Zoning hearing, the
commission added six additional conditions. She said when this application came in they
examined the code for vacation rentals for less than 30 days. She said if a longer stay
was sought for the RVs, they would like advice from the City Attorney with regard to the
RVs versus the cottages. She said staff was okay with the 13 units but if the number is
changed, it would need to go back to Planning and Zoning. She went over the following
conditions:
1. The special use is granted for the proposed amount of RV pads and cottages as
shown on the 8/9/2023 Conceptual Plan for Sebastian RV Park (13). Any
proposed increase to that amount will require additional approval by City Council
and Planning and Zoning.
2. The maximum length of stay shall be limited to 90 days per state statue.
3. A traffic analysis would be required.
4. A full tree survey is required with submittal of the site plan that includes a
construction tree preservation plan and a long-term tree maintenance plan to be
approved as part of the site plan.
5. The RV Park shall be in compliance with all applicable Environmental Health
Department and Florida Statute regulations that apply to RV Parks and cottage
rentals.
6. No pads or cottages to be constructed on the east side of Indian River Drive.
7. Rules of operation shall be established by the owner and submitted to staff with
the site plan.
8. Stand-alone tent camping would be prohibited.
9. A minimum of one car parking space shall be provided for the RV pads, two for
the cottages and eight for the amenity center.
10. The size of the cottages shall not exceed 1,250 square feet in size.
Council Member Jones asked the City Attorney what number of units would trigger a
different statute. The Community Development Manager said if it remains a transient
type of use like a hotel/motel there are no density issues —they could have 40 or 50
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rooms. If they are there for long term then density issues would kick in and there could
only be 8 units per acre.
Vice Mayor Dixon asked if they considered parking for the extra recreational amenities.
Ms. Stroyka said the RVs lots are oversized but they do need to consider adding spaces
for the extra amenities.
Mayor Dodd said he still has questions about waiting to set the number of units until the
submittal of the site plan. The City Attorney said Council has the ability to make the
recommendation as they see fit.
Mayor Dodd suggested they change the 30 day limit to what is in state statute. Council
Member Nunn agreed with Mayor Dodd. It was noted that the applicants originally
proposed 90 day stays.
The Community Development Manager pointed out that the application would expire
three years from the effective date if the RV Resort is not operational by that time.
Harry and Sarah Marshall, 825 Bailey Drive, own a property on Jackson Street, said she
was concerned about saving the lagoon and recommended that a full evaluation of the
water and sewer be done prior to the approval of the special use permit to help decide
how many units will be placed on the property. Mr. Marshall said the streets on Jackson
and north Central are not built for the behemoth trailers. He objected to the RV pads but
not the cottages.
The Community Development Manager stated that Mr. Marshall's concerns would be
considered and addressed during the site plan review along with the traffic analysis.
MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve
Resolution R-24-03 with the documented amendments for a special use RV Park.
Roll call: Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Motion carried. 5-0
Mayor Dodd called for a recess at 7:54 p.m. and upon return at 8:00 p.m., all members were
present.
11. UNFINISHED BUSINESS - None
12. NEW BUSINESS
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24.058 A. Consideration of Road Closure Approval and Usage of CavCom Parkins Lot for
the Sebastian River Area Chamber of Commerce to Host Finally Friday Special
Events (Transmittal. Map. Letters)
The City Manager said the Chamber of Commerce has brought forward an idea to try out
"Finally Friday" street party on Cleveland Street on March 29, April 19, and May 24.
Cheryl Thiebault, President of the Sebastian River Area Chamber of Commerce, said the existing
businesses would serve food in catering tents as well as food trucks.
MOTION by Council Member McPartlan and SECOND by Council Member Jones to approve
the Sebastian River Area Chamber of Commerce's Finally Friday Special Events. There was no
public input.
Roll call: Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Council Member Jones - aye
Motion carried. 5-0
24.059 B. Approve Resolution No. R-24-04 Florida Boater Improvement Program Grant for
Main Street Boat Rama Dredaing in the Amount of $190.000 and Authorize the
Mayor to Execute the Florida Boater Improvement ProRram Grant Documents
(Transmittal. R-24-04. Map)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR
AUTHORIZATION FOR THE CITY OF SEBASTIAN TO MAKE AND PERFECT A
GRANT APPLICATION FOR ASSISTANCE UNDER THE FLORIDA BOATING
IMPROVEMENT PROGRAM; PROVIDING FOR LEGISLATIVE FINDINGS AND
INTENT; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS;
PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
The Parks and Recreation Director said this was a grant to dredge the front of the Main
Street boat ramp that will allow boats to safely stage exit and enter the water. He asked
for approval to apply for the grant. The City Attorney read the title to Resolution No. R-
24-04.
MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to
approve Resolution No. R-24-04 authorizing the City to apply for a boater improvement
program grant.
Roll call: Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Dixon - aye
Motion carried. 5-0
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24.060 C. ADnrove One -Year Extension of Conlon Landscaping Contract for Mowing
Ditches and Right-of-Wav Swale Areas and Authorize the Citv Manager to
Execute all Appropriate Documents (Transmittal. Reauest)
The City Manager said at the previous meeting there was a contact with Conlon
Landscaping for swale work on the road paving project with no cost increase and he
noted this was a completely separate contract.
The City Engineer said Conlon Landscaping has been mowing for the last several years
and the City would like to extend the contract an extra year but they have asked for an
increase for two ditch zones. She noted they have been doing a great job and asked for
approval. There was no public input.
MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve the
consumer price index increase and one-year extension with Conlon Landscaping.
Roll call: Mayor Dodd - aye
Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Motion carried. 5-0
24.061 D. Selection of AGG Restoration of Southwest Florida. LLC for ITB 24-03 Citv of
Sebastian Cemetery Monument Leveling (Transmittal. Bid Tab)
The City Manager said this project would be funded out of the Cemetery Trust Fund to
re -level the monuments in zones one, two and three and staff was requesting the selection
of Southwest Florida LLC to enter contract negotiations and execute a contract.
MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve the
selection of AGG Restoration for ITB 24-03.
Council Member Jones asked if this was a guaranteed price to prevent change orders
given the disparity between the submitted quotes.
The Procurement Manager said AGG Restoration was strictly a restoration company and
the other quotes were from general contractors. She said they cannot exceed the price
that they have submitted and she planned to hold them to it.
John Heath, Heath Monument Company, said he is familiar with AGG Restoration and
advised against moving forward with them. The City Manager assured Council that the
City will not pay the company unless we receive the services that we want.
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Roll call: Vice Mayor Dixon - aye
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Motion carried. 5-0
13. CITY ATTORNEY MATTERS
The City Attorney asked Council if they would like to join onto a class action lawsuit on
the harm that social media does to children. It was the consensus not to join the lawsuit.
14. CITY MANAGER MATTERS
The City Manager said he has met with the strategic plan consultant who has garnered a
lot of information about the City from the website and they are planning a workshop to
go over the next steps.
15. CITY CLERK MATTERS
The City Clerk wished everyone a nice evening.
The City Manager acknowledged the 16 years of service that the Chief Financial Officer
Ken Killgore has given to the City. He noted that Mr. Killgore has over 50 years of
public service and he has really been a great mentor and asset to the City.
16. CITY COUNCIL MATTERS
A. Council Member Jones - None
B. Council Member Nunn - None
C. Vice Mayor Dixon said she and the Mayor had a great time at the opening day
ceremony for little league.
D. Mayor Dodd agreed that he also had a great time and noted there were so many kids that
the City shouldn't be considered only a retirement community.
E. Council Member McPartlan also thanked Ken Killgore for his service noting he
was the reason that the City received so many Excellence in Government
Accounting awards.
17. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at
8:28 p.m.
Approved at the March 20, 2024 Regular City Council meeting. ATTEST.•
Mayor Ed Dodd
Jeanette Williams, City Clerk
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CITY COUNCIL AGENDA TRANSMITTAL
Council Meetine Date: March 20, 2024
Agenda Item Title: Annual Sebastian CRA Report FY 22/23
Recommendation: Move to accept the Annual Sebastian CRA Report 2023
BackLyround: Florida Statues require the Community Redevelopment Agency to file a report of
activities to the primary government each year. The annual Sebastian Community Redevelopment Agency report of
activities for the fiscal year ending September 30, 2023 is presented to the Community Redevelopment Agency Board of
Directors for review and recommendation to the City Council.
Following acceptance by the City Council.. the report will be published on the agency's website and sent to the taxing
agencies.
If Aeenda Item Renuires Expenditure of Funds:
Budgeted Amount: N/A
Total Cost: N/A
Funds to Be Utilized for Appropriation: N/A
Attachments: Sebastian CRA FY 22/23 Annual Report
40
Administrative Services Department Review: 1�*tr
City Attorney Review: a--61A--1
Procurement Division Review, if applicable: N�/1
City Manager Authorization:
Date: J% 1 ) %-10 a y
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SEBASTIAN RIVERFRONT
COMMUNITY REDEVELOPMENT AGENCY
ANNUAL REPORT
Chapter 163.371 Florida Statute
arvoF
SEBT!AN
HOME OF PELICAN ISLAND
FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 2023
1225 MAIN STREET
SEBASTIAN, FLORIDA 32958
Riverfront CRA Annual Report 2023
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SEBASTIAN RIVERFRONT
COMMUNITY REDEVELOPMENT AGENCY
ANNUAL REPORT
TABLE OF CONTENTS
Letter of Transmittal
List of Principal Official's
History 1
Exhibit I - Sebastian CRA Boundary 2
Accomplishments 3
FY 2023 Sebastian CRA Performance Activities 4
Table I — Performance Activities 2023 4
Table 11— Fagade, Sign, & Landscape Grant 5
Tax Increment Revenues
5
Exhibit II — Operating Millage Rates in Redevelopment Area
6
Exhibit III — Taxable Value in Redevelopment Area
7
Exhibit IV — Tax Increment Revenue
8
Financial Statements
9
Balance Sheet
9
Statement of Revenues, Expenditures, and Changes in Fund Balances
10
Budget and Actual
11
Riverfront CRA Annual Report 2023
,96 of 248
Cm of
SEBAST"
HOME OF PELICAN ISLAND
March 20, 2023
Sebastian Community Redevelopment Agency Board Chainnan and Members
City of Sebastian, Florida
Dear Board Members:
We are pleased to submit the Annual Activity Report of the Sebastian Community Redevelopment Agency for
the fiscal year ended September 30, 2023. In accordance with Chapter 163.371 Florida Statutes, each CRA is
required to file with its governing body on or before March 31 each year a report of its activities for the
preceding fiscal year. This report shall include a complete financial statement setting forth its assets, liabilities,
income, and operating expenses as of the end of such fiscal year. In addition to meeting this legal requirement,
the report provides additional information concerning the benefits afforded by the agency to other jurisdictions
and citizenry in general.
Responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation,
including all disclosures, rests with the management of the City. We believe the data, as presented, is accurate
in all material respects, and that all disclosures necessary to enable the reader to gain an understanding of the
Sebastian CRA's operation and financial activity have been included.
Respectfully submitted,
Alix Bernard
Community Development Director/CRA Manager
City of Sebastian
Kenneth W. Killgore
Administrative Services Director
City of Sebastian
Riverfront CRA Annual Report 2023
57 of 248
LIST OF PRINCIPAL OFFICIALS
Community Redevelopment Board
As of
September 30, 2023
Chairman
Fred Jones
Vice Chairman
Christopher Nunn
Board Member
Kelly Dixon
Board Member
Ed Dodd
Board Member
Bob McPartlan
Ii
Riverfront CRA Annual Report 2023
58 of 248
History of the Sebastian Communitv Redeveloament A2encv (Sebastian CRA)
The Sebastian Community Redevelopment Agency (Sebastian CRA) was created in 1995 by the City of Sebastian City
Council under Chapter 163, Part III of the Florida Statutes. The original Sebastian CRA includes an area generally
bounded on the north, south and east by the City limits as of 1995, and on the west by the FEC Railroad right-of-way.
The Sebastian CRA was established to ensure that the downtown and surrounding vicinity would develop with a coherent
community vision, and to encourage reinvestment throughout the CRA. The area later was expanded in 2003 to include
the Sebastian Boulevard "Triangle" area west of the FEC Railroad right-of-way, which includes industrial and
commercial land use. The total Sebastian CRA land area is approximately 398 acres (Exhibit 1). Excluding road rights -
of -way, zoning and land use covers approximately 299 acres.
The governing body of the Sebastian CRA is the Sebastian City Council. The CRA Board is comprised of five (5)
members. Under the State Statutes and the City ordinances, the Sebastian CRA has substantial powers and authority
within the Sebastian CRA area. These include the power to make and execute contracts, to acquire and dispose property,
to approve development plans, to implement a program of voluntary or compulsory rehabilitation of buildings, to
mortgage its property, to borrow and invest money, and to apply for and accept grants and contributions.
The major funding source for the Sebastian CRA is tax increment revenue. Tax increment revenue is the increase in ad
valorem tax attributed to the increase in the assessed property value over a set `base year" for the redevelopment area. The
government jurisdictions remitting tax increment revenue to the Sebastian CRA are the City of Sebastian and the Indian
River County Board of County Commissioners.
After the establishment of the Sebastian CRA in 1995, the City established the Redevelopment Trust Fund and the base
year for tax increment revenues as well as adopted the 1995 Community Redevelopment Plan. The boundary was later
expanded to include the adjacent Sebastian Boulevard "Triangle" area in 2003, establishing a new base year for this area
of the CRA. The redevelopment plan was also modified on behalf of the Sebastian CRA in 2003, unifying the 1995
Sebastian CRA boundary and the expansion area as one cohesive CRA. The Master Plan was again updated in 2010,
presenting conceptual district recommendations, potential policy amendments, and capital improvements intended to meet
the City's redevelopment goals.
Termination of Sebastian CRA (F.S.163.37551
A community redevelopment agency in existence on October 1, 2019, shall terminate on the expiration date provided in
the agency's charter on October 1, 2019, or on September 30, 2039, whichever is earlier. Unless the governing body of
the County or municipality that created the community redevelopment agency approves its continued existence by a
majority vote of the members of the governing body, the Sebastian CRA shall sunset on September 30, 2039.
Riverfront CRA Annual Report 2023 — 1
59 of 248
Accomalishments of the Sebastian Communitv Redeveloament A2encv (Sebastian CRAI
The Sebastian CRA is treated as a special revenue fund of the City. An independent financial audit by an external CPA
firm has been accomplished annually to be in compliance with Section 163.387(8), Florida Statutes. An annual budget is
also adopted by the Sebastian CRA Board to be in compliance with Section 189.418(3). The Sebastian CRA has
continued to move towards achievement of the goals set out in the adopted Community Redevelopment Master Plan
(2010). Since the establishment of the original Sebastian CRA in 1995, numerous projects have been accomplished.
Accomplishments are as follows:
❑ Completed Riverview Park Phase I, boat dock, landscaping, and shoreline stabilization project in 2001.
❑ Developed community redevelopment master plan in 2003.
❑ Completed Jackson Street extension, sidewalk, and street light project in 2004.
❑ Completed improvements to the Yacht Club including the finger pier project.
❑ Completed construction on the Indian River Drive/Main Street intersection project.
❑ Established a Fagade, Sign and Landscaping matching grant program.
❑ Received contribution from the Clambake Foundation and provided the balance of funding for the Flag Pole
project, which enhanced the view at the western entrance to the CRA area.
❑ Contributed $20,000 to a film production about the story of Pelican Island.
❑ Constructed information boards at Riverview Park and at the Main Street Boat Ramp Park.
❑ Updated the CRA Master Plan in 2010.
❑ Provided matching funds to the Stan Mayfield Grant that was used for the purchase of the Working Waterfront
Properties. Executed lease with Crab E. Bills for a commercial retail fish market and a retail commercial limited
food service "Eatery".
❑ Established a Sewer Connection Grant Program in 2015 to encourage septic to sewer conversions and reduce
pollution into the Indian River Lagoon. Obtained funding assistance from IRLNEP for the Septic to Sewer
assistance program in 2018 to the present.
❑ Completed roadway improvements to the Presidential Streets and Baffle Box installation for improved water
quality at the outfalls.
❑ Completed repairs to the CavCorp boat parking property.
❑ Completed a Riverfront Parking Study in 2011 resulting in the establishment of the Parking -in -lieu program for
parking within right-of-way of business district.
❑ Provided continued financial support for many events within the Riverfront District that attract many participants,
providing revenue to our local businesses since 2000 including: Pelican Island Festival, Earth Day, Clam Bake,
Shrimpfest, Concerts in the Park Series, and Fine Art Festival.
❑ Provided funding for Holiday decorations to enhance attraction to business district during holiday season.
❑ Acquired property along the Indian River shoreline for preservation as an extension of public property.
❑ Re -paved Indian River Drive and improved drainage swales and provided new enhanced pedestrian cross walks.
❑ Funded necessary repairs to the Working Waterfront historic property including: historic building repairs; new
elastic coating roof; new plumbing and dock maintenance.
❑ Funded Submerged Land Leases for continued waterfront access and riverfront activities.
❑ Completed design work on the Landscape and Signage for the Working Waterfront and CRA District.
❑ Completed conceptual park design and canopy tree preservation plan for Riverview Park that included: trees,
sidewalks, parking, and event areas.
❑ Initiated Sign Master Plan design by incorporating compatible public property identification signs throughout
Riverfront CRA District.
❑ Completed Riverview Park Sidewalks per the Park Master Plan.
❑ Continued implementation of the Sign Master Plan for the Working Waterfront and Riverfront CRA District.
❑ Completed construction of the Working Waterfront Shoreline Protection and Commercial Fishing Distribution
Center Parking Lot Improvement Plan.
❑ Completed Florida Inland Navigation District funds reporting for Fisherman's Landing Working Waterfront Park.
❑ Completed pedestrian walking trail connection from US Hwy 1 to Indian River Drive by constructing sidewalk on
N. Central Avenue as part of CDBG action plan.
❑ Continued funding of improvements to Riverfront Park including irrigation and landscape.
❑ Worked with FDOT on Complete Streets design for pending improvement project on US Hwy 1.
Riverfront CRA Annual Report 2023 — 3
61 of 248
Tax Increment Revenue
The tax increment revenue is determined annually as 95 percent of the difference between: (a) the amount of ad valorem
taxes levied each year by each taxing authority contributing to the Sebastian CRA on taxable real property contained
within the redevelopment area, exclusive of the following entities:
Florida Inland Navigation District
Indian River County Mosquito Control District
Indian River County Hospital Maintenance District
School District, and associated General Obligation Debt funded by ad valorem taxes
Indian River County Land Acquisition Bond General Obligation Debt
Emergency Services Dependent Taxing District
St. Johns River Water Management District
Sebastian Inlet Taxing District
and (b) the amount of ad valorem taxes which would have been generated by the rate at which the tax is levied each year
by the taxing authority, exclusive of the following entities:
Florida Inland Navigation District
Indian River County Mosquito Control District
Indian River County Hospital Maintenance District
School District, and associated General Obligation Debt funded by ad valorem taxes
Indian River County Land Acquisition Bond General obligation Debt
Emergency Services Dependent Taxing District
St. Johns River Water Management District
Sebastian Inlet Taxing District
upon the total of the assessed value of the taxable real property in the community redevelopment area as shown on the
assessment roll used by each taxing authority prior to March 22, 1995, the effective date of the ordinance creating the
Redevelopment Trust Fund. Indian River County Board of County Commissioners and the City of Sebastian currently
make tax increment payments into the Sebastian CRA Trust Fund.
The City's millage decreased from $5.00 per $1,000 in FY 2001 to $2.9050 per $1,000 in FY 2023. The millage for
Indian River County has been decreased from $4.1014 per $1,000 in FY 2001 to $3.5475 per $1,000 in FY 2023. Rates
from 2001 through 2023 are presented in Exhibit III below.
Riverfront CRA Annual Report 2023 — 5
63 of 248
SEBASTIAN
(1 MIIMMI�1 (1lt�t♦IIOM
1�/1-lOf1
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: March 20, 2024
Agenda Item Title: Approval of Amendment to the ADS-B Tower Lease Agreement with
L3Harris Technologies.
Recommendation: Staff recommends City Council approve an Amendment extending a Lease
Agreement originally under ITT, now L3Harris Technologies, Inc., for the ADS-B Tower located at Sebastian
Municipal Airport, and authorize the City Manager to execute the related documents.
Background: The FAA has informed L3Harris that the performance period of the existing
FAA ADS-B contract with L3Harris will be extended through September 30, 2045. The attached amendment
allows the existing lease with L3Harris for the ADS-B tower located at the Sebastian Municipal Airport to
remain in force throughout the new performance period. No other provisions of the lease agreement are
affected.
Real-time ADS-B is now the preferred method of surveillance for air traffic control in the National Air Space
and could eventually replace conventional radar. The accuracy it provides improves safe and efficient
navigation in the air and on runways.
If Agenda Item Requires Exnenditure of Funds:
Budgeted Amount: N/A
Total Cost: N/A
Funds to Be Utilized for Appropriation: N/A
Attachments:
1. Amendment SV 168-10
2. Original ITT Lease
Administrative Services Department Review: lk —
City Attorney Review:
Procurement DivisionYeview, ifapplicable: N//-
City Manager Authorization:
t G�
Date: /1 ) / d 0 -� y
71 of 248
FIRST AMENDMENT TO LEASE
SEBASTIAN MUNICIPAL AIRPORT, ADS-B RADIO STATION SITE SV168-10
THIS FIRST AMENDMENT ("Amendment') is made by and between L3HARRIS
TECHNOLOGIES, INC., ("Lessee") a Delaware corporation, and the CITY OF
SEBASTIAN, FLORIDA ("Lessor"), a municipal corporation of the State of Florida. This
Amendment is effective as of the date of the last signature below ("Effective Date"). This
Amendment may refer to L3Harris and the City of Sebastian collectively as the "Parties,"
or individually as a `Party."
RECITALS
WHEREAS, the original ADS-B radio station site lease agreement ("Agreement')
originally dated March 5, 2008 was between the City of Sebastian and ITT Corporation
("Original Lessee"); and
WHEREAS, Original Lessee merged with and into Harris Corporation effective as
of December 31, 2015, and Harris Corporation changed its name to L3Harris
Technologies, Inc. effective as of June 29, 2019; and
WHEREAS, the ADS-B radio station site on the leased premises is an integral part
of the FAA National Airspace Systems (NAS); and
WHEREAS, the initial 18-year FAA contract term for ADS-B surveillance services
with the Lessee concludes at the end of GFY 2025 with such contract services thereafter
being continued by FAA extension to the current contract or continued under a new FAA
contract; and
WHEREAS, Lessor and Lessee desire to amend the terms of the Agreement to:
1. update the point of contact for notice 2. extend the term thereof and 3. otherwise
modify the Agreement as expressly provided herein to accommodate services beyond
GFY2025 by removing the September 30, 2025 occupancy limitation and replacing it with
a limitation based on the then -current FAA contract, thereby providing assurance to the
airport that the lease remains valid only if the lessee has an active contract with the FAA
that is supported by the leased premises.
NOW, THEREFORE, for and in consideration of the mutual promises herein
contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by each Party hereto, the Parties mutually agree as
follows:
1. RENEWAL. Section 7 of the Agreement is deleted and replaced with the following:
1
72 of 248
This lease may be renewed from year to year at the option of Lessee upon the
terms and conditions herein specified. Lessee's option shall be deemed exercised
and the lease renewed annually for one year terms unless Lessee gives Lessor
thirty (30) days written notice that it will not exercise its option before this lease or
any renewal thereof expires; provided, that no renewal thereof shall extend the
period of occupancy of the premises beyond the term of the then -current FAA
contract supported by the use of the premises.
2. NOTICES. Section 15 of the Agreement is deleted and replaced with the following:
All notices/correspondences shall be in writing and shall be addressed as follows
(or to such other address as either Party may designate from time to time by notice
or correspondence to the other):
TO LESSOR: City of Sebastian
1225 Main Street
Sebastian, FL 32958
TO LESSEE: L3Harris Technologies, Inc.
Attn: Jennifer Banasik
2235 Monroe Street (5th floor),
Herndon, VA 20171.
Jennifer.BanasikCcDL3harris.com.
3. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly
authorized officers or representatives as of the date shown below.
CITY OF SEBASTIAN
Signature:
Name:
Title:
Date:
2
L3HARRIS TECHNOLOGIES, INC.
Signature: I
Name: Kolby Harold
Title: ADS-B Lead Subcontracts Manager
Date: 02/21/2024
73 of 248
n �
r
• •ilkGr A 1
AGENDA TRANSMITTAL
Subject: ITT Land Lease at Sebastian
Municipal Airport Assignment
Submittal by:
ity Manager
Agenda No. 1 Z r 0 50
Department Origin: Comm yelopment
Director: J. Griffin ��- —"
Admin Services: D. eger
Finance Director: K. Kill r5
City Clerk: S.A. Maio
City Attorney: R.A. Gins-Gurg'4,���/, �f
Date Submitted: 4 April 2012
For Agenda of: 11 April 2012
EXHIBIT: 1. Lease; 2. ITT letter, 1/24/12; 3. ASSIGNMENT OF AGREEMENT
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: -0- 1 -0- 1 REQUIRED: -0-
SUMMARY
In 2007, ITT Corporation was awarded a FAA contract to construct, and maintain, a
series of radio navigation towers throughout the United States. These unmanned towers are
part of the FAA's `next generation' in air traffic control. ITT selected Sebastian Municipal
Airport as one of the first stations to be built in the United States. Council approved the Land
Lease (Exhibit 1) to ITT on 13 February 2008. Construction was completed in June 2008 and
the Sebastian Airport was recognized by the FAA as the first airport based ADS-B ground
station in the United States.
ITT has `split' its business into three (3) entities. That portion of its business
controlling the ADS-B tower system under its former Defense & Information Solutions
section is now known as Exelis, Inc. ITT is requesting (Exhibit 2) that the subject lease
between the City and ITT be assigned to Exelis, Inc., an ITT subsidiary. If the assignment is
approved by Council, all provisions of the underlying lease remain in effect.
RECOMMENDED ACTION
Authorize the City Manager to execute the ASSIGNMENT OF AGREEMENT
(Exhibit 3) between ITT Corporation, Exelis, Inc. and the City Of Sebastian.
20 of 130
74 of 248
LAND LEASE
Lease Number: TBD
Facility: ADS-B Radio Station Site
Location: Sebastian Municipal Airport
LEASE
Between
the
City of Sebastian
and
ITT Corporation
THIS LEASE, made and entered into this 51h day of March in the year 2008, by and
between the City of Sebastian, whose address is:
1225 Main Street
Sebastian, FL 32958
Hereinafter referred to as the Lessor and ITT Corporation, hereinafter referred to as ITT,
whose address is:
12975 Worldgate Drive
Herndon, Virginia 20170
WHEREAS, the parties understand and agree that this agreement is taken in support of
FAA Contract DTFAWA-07-C-00067, issued to ITT on August 30, 2007.
For valuable consideration, receipt of which is hereby acknowledged, the parties
hereto agree as follows:
1. PREMISES
The Lessor hereby leases to ITT the following described property located at:
INTIALS
See Attached Lease Exhibit. 2 Daces
Lessor ITT Page 1
21 o 130 J
75 of 248
(a) Together with a right-of-way for ingress to and egress from the premises; a
right-of-way for establishing and maintaining electric power and
telecommunication lines to the premises; and unless herein described
otherwise, to be by routes reasonably determined and agreed by the parties.
(b) And the right to make alterations to the premises to support the ITT radio site
equipment, after concurrence by the Lessor as to the site design details prior
to start of construction and prior to any alterations during the life of this lease.
2. PUBLIC UTILITIES
ITT is responsible for the provision of any and all required electrical power and/or
telecommunications services to the leased site for the term of this lease. The
Lessor is not responsible to provide any type of public utilities at or on the leased
site.
3. TAXES
ITT shall be responsible for the payment of any applicable taxes, fees or
governmental assessments against any equipment, personal property and/or
improvements owned, leased or operated by Licensee or directly associated
with Licensee's use of the Licensed Premises.
4. INSURANCE
ITT shall maintain in full force during the term of this Agreement and shall cause
all contractors or subcontractors performing Work on any Licensed Site prior to
the commencement of any such Work on behalf of ITT to maintain the following
insurance:
1. Worker's Compensation Insurance with statutory limits in accordance with all
applicable state, federal and maritime laws, and Employers' Liability
Insurance with minimum limits of $500,000.00 per accident/occurrence, or in
accordance with all applicable state, federal and maritime laws.
2. Commercial General Liability Insurance (Bodily Injury and Tower Collateral I
Damage) the limits of liability of which shall not be less than $1,000,000.00 per
occurrence.
INITIALS
Lessor ITT Page 2
22`of 13 07'0'
76 of 248
5. TERM
To have and to hold said premises with their appurtenances for the term
beginning at the date of this lease agreement, subject to renewal rights, as may
be hereafter set forth.
6. CONSIDERATION
ITT shall pay the Lessor no monetary consideration in the form of rental, it being
mutually agreed that the rights extended to ITT herein are in consideration of the
obligations assumed by ITT in its establishment, operation and maintenance of
the ADS-6 radio station facilities upon the premises hereby leased.
7. RENEWAL
This lease may be renewed from year to year at the option of ITT upon the terms
and conditions herein specified. ITT's option shall be deemed exercised and the
lease renewed each year for one (1) year unless ITT gives the Lessor thirty (30)
days written notice that it will not exercise its option, before this lease or any
renewal thereof expires; PROVIDED, that no renewal thereof shall extend the
period of occupancy of the premises beyond September 30, 2025.
8. RESTORATION
It is hereby agreed between the parties, that upon termination of its occupancy,
ITT shall restore the property which is the subject matter of this lease including
removal of structures, equipment, and fencing but excluding foundations and
subsurface ducting, cables, and grounding systems.
9. INTERFERENCE WITH RADIO SITE OPERATIONS
The Lessor agrees not to erect or allow to be erected any structure or obstruction
on the site or adjioining land within the airport boundaries that may interfere with
the proper operation of the facilities installed by ITT under the terms of this Lease
unless consent hereto shall first be secured from ITT in writing. ITT consent shall not
be unreasonably withheld and ITT shall support the Lessor in the evaluation of
any potential interference issues. The Lessor shall act in a reasonable way for any
construction in proximity to the communication tower, with regard to new
construction and RF interference. The Lessor shall be allowed to pursue
construction activity giving proper clearance to lessee's tower communication
INTIALS
Lessor ITT
Page 3
23 o/, 303
77 of 248
activities. ITT consent shall also be contingent upon FAA approval, when
interference results in limitations in radio station performance within the NAS.
10. HAZARDOUS SUBSTANCE
ITT agrees to remediate, at its sole cost, all hazardous substance contamination
on the leased premises that is found to have occurred as a direct result of the
installation, operation, and/or maintenance of ITT's facilities.
The Lessor agrees to save and hold ITT harmless for any and all costs, liabilities
and/or claims by third parties that arise out of hazardous contamination found
on the leased premises not directly attributable to the installation, operation
and/or maintenance of ITT's facilities.
11. QUIET ENJOYMENT
The Lessor warrants that they have good and valid title to the premises, and
rights of ingress and egress, and warrants and covenants to defend ITT's use and
enjoyment of said premises against third party claims.
12. CONTACT DISPUTES
This Agreement shall be governed by the laws of the State of Florida, with the
exception of its choice of law provisions. If any provision of this Agreement is
found invalid or unenforceable under judicial decree or decision, the remaining
provisions of this Agreement shall remain in full force and effect.
13. SUCCESSORS
The terms and provisions of this lease and the conditions herein bind the Lessor
and the Lessor's heirs, executors, administrators, successors, and assigns.
The terms and provisions of this lease and the conditions herein bind ITT and ITT's
heirs, executors, administrators, successors, and assigns.
14. NOTICES
All notices /correspondence shall be in writing, and shall be addressed as follows
(or to such other address as either party may designate from time to time by
notice or correspondence to the other).
RQMLS I /---/
Lessor ITT Page 4
24 of/MT 4
78 of 248
TO LESSOR:
To ITT:
City of Sebastian
1225 Main Street
Sebastian, FL 32958
ITT Corporation
12975 Worldgate Drive
Herndon, Virginia 20170
Attention: ADS-B Subcontracts Department, Mr. Jaye Seay
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as the
date above written.
ATTEST:
By. 6))/�-
%
Sally A. Mdo, MMC, City Clerk
(SEAL)
Approved as to Form and Content for:
Relian y the City of Sebastian Only
Rich Stringer, V*ttorn�ey
INTIALS
THE CITY OF SEBASTIAN
vlanager
Lessor ITT Page 5
I
25 of 130�
79 of 248
MInformation
Systems
�y
12930 Worldgate Drive
ITT
ri
Herndon, VA 20170
X
Angela F. Moore
Lease Administrator
mAir
Traffic Management
tel (571) 203-3377
Q
fax (703) 668-621 1
N
Angie.MooreC@exelisinc.com
Letter No.: SV 168-10-01
January 24, 2012
City of Sebastian
125 Main Street
Sebastian, FL 32958
Site Lease Agreement for Sebastian Municipal Airport
Subject: Request for Assignment
Reference: ITT Letter ITT Exelis Assignment of Lease Agreements, dated 8/1/11
To Whom It May Concern:
ITT Corporation informed you in the above referenced letter of its plan to separate the company's businesses
into three distinct, publicly -traded corporations (known as the "Transaction"). The Transaction was
completed on October 31st, 2011. As indicated in the referenced letter, the former ITT Defense &
Information Solutions business, under which the subject lease is currently controlled, is now operating as a
new corporation, Exelis Inc. Exelis Inc. is a standalone $6 billion company that has assumed all assets,
revenues, and responsibilities of the former ITT Defense & Information Solutions business.
As a result of this change in corporate ownership, the subject tower site lease requires assignment from ITT
Corporation to Exelis Inc. In accordance with the assignment clause of the subject lease, we hereby request
assignment of the lease from ITT Corporation to Exelis Inc. In an effort to assist in the assignment of the
lease from ITT to Exelis Inc., we have enclosed the draft Assignment Agreement for your review and
execution. Under this Assignment Agreement, Exelis Inc. assumes and will continue to meet all obligations
under the Agreements upon the effective date of the Transaction, October 31, 2011.
Should you have questions or require additional information regarding this request, please contact the
undersigned at your earliest convenience.
Sincerely,
Angela F. Moore
Lease Administrator, Air Traffic Management
ITT Corporation — Information Systems
Enclosure: Assignment Agreement 2
30 of 130
January 24, 2012 SV 168-10-01 Page 1 of 1
84 of 248
ASSIGNMENT OF AGREEMENT
The "Agreement" as referenced herein is the ADS-B Site license Agreement, dated March 5, 2008, made
by and between the City of Sebastian and ITT Corporation.
By signing below, ITT Corporation and Exelis Inc. do hereby attest that on October 31, 2011 a tax-free
spin-off was conducted by ITT Corporation, which created three independent publically-traded
corporations, and Exelis Inc., being one of the these corporations, retains the government contracting
business area related to the Agreement. Therefore, ITT Corporation and Exelis Inc. desire to assign the
Agreement from ITT Corporation to Exelis Inc.
The parties do hereby agree that the Agreement is assigned as of the date last signed below by ITT
Corporation to Exelis Inc., an Indiana corporation, with the consent of the City of Sebastian, and is
effective as of October 31, 2011. All obligations, rights and responsibilities as Licensee under the
Agreement shall be conveyed to and accepted by Exelis Inc. and the term "Licensee" as used in the
Agreement shall mean Exelis Inc. upon the date of this assignment. All other terms and conditions of
the Agreement shall remain unchanged and are in full force and effect.
The Licensee contact persons, addresses, telephone numbers, FAX numbers, and email addresses, as
shown in the Agreement, remain unchanged except for the name change from ITT Corporation to Exelis
Inc.
ITT Corporation does hereby attest to the above and assign the Agreement, including conveyance of all
rights and responsibilities therVf.
P. Hu h , Sr C ` a is Manager Date
WW1 • �� Nt Fenli
T-TFev. olafion SvP1 Cer�e"a�C�•ansz 4
„cI $e t ,e la ry �1131I Z
Exells Inc. does hereby attest to the above and accept assignment of the Agreement, including
acceptance of all rights and responsibilities thereof.
Z sl�Bl�
Trowbridge M. Littleton, Director, Contracts Date
The Cltv of Sebastian does hereby consent to the assignment of the Agreement, including all rights and
resp nsib'li es thereof, from ITT Corporation to Exelis Inc.
S( (a rg Date
Al Minner City Manager
Print Name
ATTEST'
`�L& K , )/-P,-
Sally A. Maio, MMC - City Clerk
Title
Approved as to form and le ality
for reliance by the City o Sebastian
pnly;
X0 ert A. Ginsburg, City -Attorney
85 of 248
l�
SEBASTIAN
(ENTENNIAI (EIEBRATION
1914.1014
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: March 20, 2024
Agenda Item Title: Alcohol Beverage Approval
Recommendation: Approve alcoholic beverages for the O'Neill Birthday and Baptism
Celebration at the Community Center.
Back round: Donna O'Neill is seeking Council approval to serve alcoholic beverages at
the Community Center on Saturday, April 6th, 2024 from 1:00pm to 9:00pm.
Staff has verified applicant's date of birth. They are expecting 50-55
attendees.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount:
Total Cost:
Funds to Be Utilized for Appropriation:
Attachments:
1. Rental Permit Application
2. Payment Receipt
Administrative Services Department Review:
City Attorney Review:
Procurement Division Review, if applicable:
Air
City Manager Authorization: r
• „
Date: �l i 3 f -0o y
N/A
N/A
N/A
86 of 248
manor
SE8
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN COMMUNITY CENTER
RENTAL PERMIT APPLICATION
1225 Main Street
Sebastian, FL 32958
Parks Phone: (772) 228-7054 FAX: (772) 228-7054
For eniergetrcy purposes ONLY, please diol772.473.0454'
Today's Date: J k (Z)-\
b�Oo_ Cat % N3 l f�
Name of Permittee (permits only be issued to an adult) Name of Organization (if applicable)
(p may Y
Physical Address Mailing Address (if different)
(- -) ) � Owl-1 t p \-1
City State Zip Phone
s m r an n o� rye i l 11.2 V7_ @qMo�k
Reason for Rental — Type-df Function E-Mail Address
So -55
Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15)
PM
Requested Date Time: From To CSP_{- q _`-3 w-�
Please answer the following yes or no: P 3— '� Frn `
1) Are you a resident of Sebastian? �e_s C U_a�P` Q m J
2) Will there be an admission charge or door charge? N O
3) Will alcoholic beverages be served?
If yes, please provide gout. issued ID proof of age
Date of Birth Verified by
I. )1 t� l \�i ,l. the undersigned, acknowledge that I ant the applicant or authorized agent of the above
referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this
application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City
facilities. I understand that the 1.3250.0U security deposit will be refunded if the budding is left clean and undamaged, however,
failure to clean the facilities immediately after the use, or causing any damage to the facility will resultp (orfeiture, in part or full.
of the security depusit.
Signature of Applicant
\:.Pill'ka :uul k%rrCaliun l:Cntal ( writer I0.20.2 1?
87 of 248
CITY OF SEBASTIAN
LEISURE SERVICES RECEIPT
Name Q-n t7 a- 0'17e-'LL _j Cash
/,O�-DateIli Check ,i
60` � redit
001001 208001 Sales Tax
001001 220000 Security Deposit
001501
362100
Taxable Rent
001501
362150
Non -Taxable Rent
001501
342100
Police Security Services
001501
366150
Brick Pavers
001501
366000
Memorial Benches
001501
369400
Reimbursement Services
CIL
414 Gr `f�S
fie-b v n-f-k.o.: l-Z¢y lo y g'9
tt a
In eia
2758
Amount Paid
,J Qo
ZS"m, oD
C oo . 00
Total Paid3
White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 88 of 248
I
SEBASTIAN
(ENTENNIAI (EEEBRATION
19)1-1014
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: March 20, 2024
Agenda Item Title: Alcohol Beverage Approval
Recommendation: Approve alcoholic beverages for the Lovely Family Birthday Celebration at
the Community Center.
Backaround: Lucy Lovely is seeking Council approval to serve alcoholic beverages at the
Community Center on Saturday, June 22, 2024 from 1:00pm to 11:00pm.
Staff has verified applicant's date of birth. They are expecting 75 attendees.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount:
Total Cost:
Funds to Be Utilized for Appropriation:
Attachments:
1. Rental Permit Application
2. Payment Receipt
Administrative Services Department Review
City Attorney Review:
Procurement Division Review, if -applicable:
City Manager Authorization:
d
Date: )% I) f a. a Y
N/A
N/A
N/A
89 of 248
anor
SEBTSPN
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN COMMUNITY CENTER
RENTAL PERMIT APPLICATION
1225 Main Street
Sebastian, FL 32958
Parks Phone: (772) 228-7054 FAX: (772) 228-7054
' For emergency purposes ONLY, please dial 772.473.0454'
Today's Date:
v -e
Name of Perm itted(perm its may only be issue to art adult) Name of Organization (if applicable)
.j 4 � eD Cam( ICe f!
Physical Addre s Mailing Address (if different)
eL � C) V",_ L ' 3 zc� s ( 77Z) C�
City State Zip Phone
) j f
Reason for Rental — Type of Function E-Mail Address
-L J
Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15)
Requested Date Time: From To
Please answer the following yes or no:
1) Are you a resident of Sebastian?
2) Will there be an admission charge or door charge? c� b
3) Will alcoholic beverages be served? e—
lf yes, please provide govt. issued ID proof of age
Date of Birth Verified by
C'/ �_K� U P Q the undersioned. acknowledge that I am the aonlicanl or authorized agent of the above
referenced organization, that I ani aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this
application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City
facilities. I understand that the $250.00 security deposit will be refunded building is left clean and undamaged, however,
failure to clean the facilities immediately after the use, or causing any da age to the facility will result i forfeiture, in part or full,
of the security deposit. ,
SignaturkofApplicant .
XA'arks and Recrcatiun',Rctital Ahplicatiuns�C'unununily ('l 1tCl- I0 20 202; 1
90 of 248
CITY OF SEBASTIAN 2763
LEISURE SERVICES RECEIPT
Name N 1-�-L'i Y� �Li j Cash
Date 310 $Check # 77
r � !_ � ��,_ �1 Credit 13 /
3-M — l ��''� Amount Paid
001001 208001 Sales Tax
27-7C
2S'O•vto
,C�140• oG
001001 220000
Security Deposit
001501 362100
Taxable Rent
001501 362150
Non -Taxable Rent
001501 342100
Police Security Services
001501 366150
Brick Pavers
001501 366000 Memorial Benches
001501 369400 Reimbursement Services
Total Paid I / '
Initials
White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant
91 of 248
SEBASTIAN
CENTENNIAL CELEBRATION
1914.1014
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: March 20, 2024
Agenda Item Title: Natural Resources Board
Recommendation: Fill one unexpired alternate member position. The position will expire
July 1, 2026.
Background: In response to the City Clerk's advertisement, Daniel Bruggen has
expressed interest in serving. There were no other applicants.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount: N/A
Total Cost: N/A
Funds to Be Utilized for Appropriation: N/A
Attachments: Application, member list, advertisement
Administrative Services Department Review:
City Attorney Review -/ 0
_f
City Manager Authorization:
Date: ,7/f/body
92 of 248
Cn cc
"-
HOME OF PELICAN ISLAND
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
redacted.
Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise
specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the
enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration.
Name: Daniel J Bruggen
Address: 158 Delmar Street City: Sebastian
Zip: 32958 Telephone: (321 ) 294 7879
E-Mail Address: dbruggen@att.net
Employer: Brevard County Natural Resources
City: Viera State: FL
Business Telephone: ( 321 ) 604 - 9704
I am interested in serving on the following board(s)/committee(s):
St Natural Resources Board �d
1 Choice: 2 Choice:
FL
State:
32940
Zip:
CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next formation in 2025)
CITIZENS BUDGET REVIEW ADVISORY BOARD
CONSTRUCTION BOARD*
NATURAL RESOURCES BOARD
PLANNING AND ZONING COMMISSION*
POLICE RETIREMENT BOARD OF TRUSTEES'
PARKS AND RECREATION ADVISORY COMMITTEE
VETERANS' ADVISORY BOARD
'Filing o/financiol disclosure is required following appointment
93 of 248
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
See attachment
Why do you want to serve on this board?
To help promote, protect, and educate the environmental/natural resources under the jurisdiction
of the City of Sebastian, its citizeens and those that use them.
Do you presently serve on another City Board or Committee? No
If yes, please list:
Have you previously served on any other City Board or Committee? No
If yes, please list:
I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
http://www.ethics.state.fl.us/ethics/fOrins.litml
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter 112, Part Ill) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at httr)://www.fisenate.sov/statutes
I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct. I
understand that any false statements or omissions from this application may be cause for my application not to be
considered.
Signature of Applicant: I Date: U31 U I f LUL I
Date Received by City Clerk's Office i3 h /u)G'q by:;� WJ- 1 k4 fV,1 ,
94 of 248
Daniel J. Bruggen
158 Delmar Street, Sebastian, FL 32958 ( (321) 294-7879 1 dbruggen@att.net
Summary
Accomplished and energetic environmental manager with a solid history of achievement in government
environmental policies, procedures and objectives. Areas of expertise include environmental and
government policy and regulations, public speaking and customer service.
Experience
Environmental Specialist 1 August 2019 - Present
Brevard County Natural Resources, Melbourne, FL
• Research, review, develop and recommend County policies and regulatory standards addressing the
protection, management, conservation and preservation of natural resources.
• Inspect, inventory, and catalog stormwater systems throughout the county.
• Monitor and inspect contractor work on stormwater systems throughout the county.
• Perform monitoring and sampling of stormwater with equipment.
• Read and interpret business and subdivision survey and aerial maps as it pertains to stormwater
management systems.
• Prepare in -office reports on stormwater inspections.
• Investigate and provide guidance for residential inquiries regarding potential illicit discharges.
• Review and comment on contractor submitted reports and invoices for approval.
• Review and comment on county -funded stormwater structure and systems plans.
• Perform construction inspector duties for county -funded stormwater projects.
• Educate businesses and homeowners on Best Management Practices to reduce pollutants.
• Perform emergency duties as directed in the event of a hurricane, major storm, natural or man-made
that may threaten Brevard County.
Zoning Permit Specialist April 2019 - August 2019
Brevard County Planning and Development, Melbourne, FL
• Reviewed and processed building permit applications for planning and zoning regulations and
policies.
• Assisted applicants and contractors with deficiency problems in building permits to ensure they
meet planning and zoning regulations and policies.
• Reviewed foundation, as -build and form board surveys to ensure the building permit meets setbacks,
size and zoning regulations for building permits.
• Reviewed warranty deed legal description of land matches with building application.
• Reviewed building permits with the comprehensive land use allowances plan to ensure they meet
planning and zoning regulations.
• Assisted and answer questions applicants and contractors have pertaining to planning and zoning
regulations and policies for their building permit applications.
• Checked for compliance with any existing violations, administrative waivers, and binding
development plans that are associated with the parcel of land and building permit.
• Reviewed technical building plans; zoning, survey, aerial, and building maps.
Environmental Manager/Environmental Scientist September 2000 - April 2019
Indiana Department of Environmental Management, Indianapolis IN
• Developed good relationships with current and potential clients, local government officials,
concerned citizens, state and federal agencies and a public land grant university.
• Demonstrated ability to become an integral part of the team with developed program management
skills.
• Coordinated advanced technical reviews with solid waste engineers, geologists, inspectors, and
95 of 248
D. Bruggen
2
enforcement staff.
• Interpreted state and federal laws, rules, and regulations to determine whether
applicants/permittees complied.
• Provided technical and scientific support in the various review processes for state and federal NPDES
permit applications.
• Issued state approvals and federal NPDES permits based on regulatory requirements.
• Reviewed post -permit submittals based on technical and scientific standards.
• Conducted field inspections at proposed and regulated facilities.
• Developed problem solving ideas and plans to guarantee water quality if needed.
• Provided expert testimony on appealed agency decisions with the help of department legal counsel.
• Developed solid waste management program templates, state -approved forms, non -state -approved
forms and standard operating procedures for section use.
• Trained and mentored new program staff in the office and in the field.
• Managed confined feeding program database, developing and preparing reports as needed.
• Facilitated public meetings, hearings and outreach.
• Developed solid waste program documents and manuals for internal and external use.
Education
IUPUI - Indianapolis, IN May 1998
School of Public and Environmental Affairs
• Bachelor of Science in Public Affairs with an Environmental Management Concentration
Professionally Related Education and Certifications
United States Department of Defense
• 2022: DBIDS Civilian Clearance (Cape Canaveral Space Force Station and Patrick Space Force Base)
Florida Safety Council
• 2022: Maintenance of Traffic (MOT) Intermediate Training
Florida Department of Environmental Protection
• 2021: Intro to Groundwater Testing & Standard Operating Procedures for Groundwater Sampling
• 2019: Stormwater Erosion and Sedimentation Control Inspector
Florida Stormwater Association
• 2019: Certified Stormwater Operator Level 2
United States Federal Emergency Management Agency
• 2016: Introduction to Incident Command System, IS-100.b
• 2016: ICS for Single Resources and Initial Action Incident, IS-200.b
• 2016: An Introduction to National Incident Management System, IS-700.a
• 2016: An introduction to National Response Framework, IS-800.b
United States Environmental Protection Agency
• 2007: Introduction to Groundwater Investigations
• 2008: Environmental Remediation Technologies
Occupational Safety and Health Administration
• 2001: 24-Hour Hazardous Waste Operations & Emergency Response course
• 2022: 8-Hour Hazardous Waste Operations & Emergency Response Refresher course
References
Available upon request.
96 of 248
Nicole Mosblech
873 Gilbert Street
Sebastian, FL 32958
Nikki.mosblech0amail.com
(484) 269-7017
Sherida Billman
781 Bayfront Terrace
Sebastian, FL 32958
sheridabillman(avahoo.com
(408) 370-3925
Michael Clifford
513 Jay Street
Sebastian, FL 32958
Mike clifford ..att.net
(772) 589 9601
Matt Krauss
115 Flint St. Apt B
Sebastian, FL 32958
mattkraussvtta'�amail.com
(802) 585 5882
Donna Ware
781 Tuxedo Terrace
Sebastian, FL 32958
diwarese,amail.com
(757) 999-0331
Thomas Carrano
1558 Esterbrook Lane
Sebastian, FL 32958
Carrano.T1956 anamail.com
(631)561-5891
Charles Stadelman - Chair
146 Mabry Street
Sebastian, FL 32958
stadelman aa..bellsouth.net
(772)584-5522
Vacant
Sarah Haggerty - Alternate
418 Peterson Street
Sebastian, FL 32958
sarahannrehm O.amaii.com
(772) 696-1520
NATURAL RESOURCES BOARD
Reapptd 7/26/23 Term expires
7/1 /2026
Reapptd 8/26/20
Apptd reg member 5/24/17
Apptd reg 7/27/2022 Term expires
7/1 /2025
Apptd reg 2/14/2024 Term expires
7/1 /2027
Apptd reg member Term expires
2/14/2024 7/1 /2025
Reapptd 7/27/2022 Term expires
Apptd 4/10/19 7/1 /2025
Reapptd 7/26/23 Term expires
7/1 /2026
Apptd reg 8/26/20
Appt alt 11 /20/19
Reapptd 7/26/23 Term expires
7/1 /2026
Reapptd 8/26/20
Apptd 9/13/17
Term expires
7/1 /2026
Apptd 7/27/2022 Term expires
7/1 /2025
Revised 2.15.2024
4 regular members are needed to make a quorum. In the event a regular member cannot make
the meeting, an alternate steps in.
97 of 248
Lin, Of
SE NN
HOME OF PELICAN ISLAND
February 12, 2024 Contact: City Clerk's Office 388-8215
PRESS RELEASE
NATURAL RESOURCES BOARD
The City of Sebastian is seeking applicants to fill the following position on the Natural
Resources Board:
One Alternate Member Position — Term will Expire July 1, 2026
This board is currently working on the "Sustainable Sebastian" initiatives to reduce single -use
plastics, encouraging native landscaping, promoting sustainable energy resources, protecting
the water quality, and promoting natural connectivity through trails and bike paths.
Applicants should be available to work on these initiatives outside of the board meetings. More
information can be found at:
https://www.cityofsebastian.org/DocumentCenter/View/2062/Sustainable-Sebastian-ACTION-
PLAN
The board also organizes and holds the City's annual Earth Day event in Riverview Park.
The board meets on the first Tuesday of each month at 6:00 p.m. in the Council Chambers,
1225 Main Street, Sebastian.
This is a volunteer position and applicants must have been a City resident one year prior to
application.
Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian,
between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.orq and will be accepted
until March 1, 2024.
98 of 248
SEBASTIAN
(ENTENNIAE (EEEBRATION
1914.1414
CITY COUNCIL AGENDA TRANSMITTAL
COUNCIL MEETING DATE: March 20, 2024
AGENDA ITEM TITLE: First Reading of Proposed Charter Amendment Ordinances 0-24-05
and 0-24-06 relating to Term Limits and Voting on Council Agenda
Items.
RECOMMENDATION: Conduct a public hearing and first reading, and at Council's discretion,
pass or amend, any or all Ordinances and schedule a Public Hearing and second reading for adoption on April
10, 2024.
BACKGROUND: These proposed Ordinances are submitted for City Council's
consideration at first reading as a result of Council request at the January 10, 2024 City Council Meeting. If
approved, the second reading/public hearing will be scheduled for the April 10, 2024 Council meeting for
adoption.
Ordinance 0-24-05 proposes changes to the terms of City Council members from two years to four years. If
approved, Council elections will be held in conjunction with the general election cycle beginning in 2024 or
as otherwise directed. If term limits are enacted by the state legislature, this would affect Council members by
only being able to serve a total of four years potentially.
Ordinance 0-24-06 proposes changing the number of Council member votes from three members to a
majority vote. Currently, the Charter provides that all votes must pass by a three member vote. In the event
that only three members are present, that would mean that all three would have to vote in favor of an agenda
item in order to pass the measure.
If approved, Council direction is to be provided as to scheduling a referendum matter to be submitted to the
voters at the next general election.
ATTACHMENTS: Proposed Ordinances No 0-24-05 and 0-24-06.
IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS:
Budgeted Amount: $4,000
Total Cost: Advertising costs $331; translation fee minimum fee, $75 or 0.18 cents per word.
Funds to Be Utilized for Appropriation: General Fund
Administrative Services Department Review:
City Attorney Review:
Procurement Division Review, if applicable: At/.4
City Manager Authorization: 47
Date:
))1) la,)fly '
99 of 248
ORDINANCE NO.O-24-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, SCHEDULING AN
ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN
ORDER TO AMEND SECTION 4.12 OF THE CITY CHARTER TO CHANGE
THE TERM OF CITY COUNCIL MEMBERS FROM TWO YEARS TO FOUR
YEARS; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION
SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT
FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of the Florida Statutes provides that the governing body of a
municipality may submit to the electors of that municipality a proposed amendment to all or parts of its
City Charter; and
WHEREAS, the City Council of the City of Sebastian has held a public hearing on March 20,
2024 during which the City Council determined that it is the public interest to change the term of City
Council members from two year terms to four year terms in order to better serve the citizenry of the City;
and
WHEREAS, the City Council desires to submit the proposed amendments to the City Charter for
ratification by the electors of the City of Sebastian, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, that:
Section 1. That upon passage of the Referendum submitted hereunder, existing Section 4.12 of
the City Charter of the City of Sebastian, Florida, shall be amended to read as follows:
"Sec. 4.12. - Election Procedures; tie vote.
(a) In all general or special elections, the candidates receiving the highest vote in each of the
offices of council member to be filled, shall be elected for four-year terms, or the
balance of the term..."
Section 2. ELECTION. An election is hereby called and scheduled for November 5, 2024,
to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved
by the majority of the votes cast in such election, in which the qualified electors residing in the City of
Sebastian shall participate.
Section 3. POLLING PLACES. The places of voting in such election shall be the usual
places of voting in the City of Sebastian, Florida, in the regular election as determined under the
applicable provisions of Florida law.
100 of 248
Section 4. BALLOT. The purpose of this election shall be to present a referendum issue to
the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot
shall be substantially in the following form:
BALLOT
CITY OF SEBASTIAN, FLORIDA
Charter Referendum #1
Amending Section 4.12 to amend City Council member terms to four years.
Shall the City of Sebastian amend the City Charter to provide that the Council Members are
elected for four year terms?
Yes for Approval
No for Rejection
Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon
its adoption effect immediately upon its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember . The
motion was seconded by Councilmember and, upon being put to a vote, the vote
was as follows:
Mayor Ed Dodd
Vice Mayor Kelly Dixon
Councilmember Fred Jones
Councilmember Christopher Nunn
Councilmember Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of ,
2024.
CITY OF SEBASTIAN, FLORIDA
Mayor Ed Dodd
2
101 of 248
ATTEST:
Jeanette Williams, City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Jennifer Cockcroft, City Attorney
I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the TC
Palm Press Journal as required by Florida Statutes, that one public hearing on the Ordinance was held on
the 20th day of March, 2024, and that following said public hearing this Ordinance was passed by City
Council for placement on the November 5, 2024 ballot.
Jeanette Williams
City Clerk
3
102 of 248
ORDINANCE NO.O-24-06
AN ORDINANCE OF THE CITY OF SEBASTIAN, SCHEDULING AN
ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN
ORDER TO AMEND SECTION 2.12 OF THE CITY CHARTER TO PROVIDE
FOR A MAJORITY VOTE BY THE CITY COUNCIL TO PASS AGENDA
ITEMS; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION
SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT
FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of the Florida Statutes provides that the governing body of a
municipality may submit to the electors of that municipality a proposed amendment to all or parts of its
City Charter; and
WHEREAS, the City Council of the City of Sebastian has held a public hearing on March 20,
2024 during which the City Council determined that it is the public interest to change the procedure for
City Council member voting on agenda items such that a majority vote be required rather than three
members of the City Council in order to better serve the citizenry of the City; and
WHEREAS, the City Council desires to submit the proposed amendments to the City Charter for
ratification by the electors of the City of Sebastian, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, that:
Section 1. That upon passage of the Referendum submitted hereunder, existing Section 2.12 of
the City Charter of the City of Sebastian, Florida, shall be amended to read as follows:
"Sec. 2.12. — Procedure.
(c) Voting. ... No action of the city council, except as otherwise provided in this
Charter, shall be valid or binding unless adopted by the majority vote of council
members."
Section 2. ELECTION. An election is hereby called and scheduled for November 5, 2024,
to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved
by the majority of the votes cast in such election, in which the qualified electors residing in the City of
Sebastian shall participate.
Section 3. POLLING PLACES. The places of voting in such election shall be the usual
places of voting in the City of Sebastian, Florida, in the regular election as determined under the
103 of 248
applicable provisions of Florida law.
Section 4. BALLOT. The purpose of this election shall be to present a referendum issue to
the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot
shall be substantially in the following form:
BALLOT
CITY OF SEBASTIAN, FLORIDA
Charter Referendum #2
Amending Section 2.12 to amend City Council member voting on agenda items to a majority vote.
Shall the City of Sebastian amend the City Charter to provide that all action by the city council
shall be passed by a majority vote?
Yes for Approval
No for Rejection
Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon
its adoption effect immediately upon its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember . The
motion was seconded by Councilmember and, upon being put to a vote, the vote
was as follows:
Mayor Ed Dodd
Vice Mayor Kelly Dixon
Councilmember Fred Jones
Councilmember Christopher Nunn
Councilmember Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
2024.
CITY OF SEBASTIAN, FLORIDA
Lin
Mayor Ed Dodd
2
104 of 248
ATTEST:
Jeanette Williams, City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Jennifer Cockcroft, City Attorney
I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the TC
Palm Press Journal as required by Florida Statutes, that one public hearing on the Ordinance was held on
the 20th day of March, 2024, and that following said public hearing this Ordinance was passed by City
Council for placement on the November 5, 2024 ballot.
Jeanette Williams
City Clerk
3
105 of 248
SEBASTIAN
tlwllwwl�l (111!l1llOw
I111 f011
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: March 20, 2024
Agenda Item Title: Ordinance No. 0-24-04 - Proposed Land Development Code Amendment -
Article III amending sections relating to mobile food establishment operating
requirements
Recommendation: Hold first reading for Ordinance 0-24-04. If approved, set second reading and
public hearing for April 24, 2024.
Background: Currently mobile food establishments are only permitted on a property for a
maximum of two days per calendar week. At the February 22, 2023 City Council meeting, Council had a
discussion regarding the current Ordinance 0-21-03 Procedures and Criteria for Mobile Food Establishments and
the number of days they are allowed to be on a property. Upon discussion, a motion was made, and by a 3-2 vote,
Council approved to change the number of days from 2 to 3 days per calendar week.
The Planning and Zoning Commission of the City of Sebastian held a public hearing at its duly noticed March 7,
2024 public meeting to consider the proposed Textual Amendment request and recommended adoption of the
proposed request.
If Agenda Item Reauires Expenditure of Funds:
Budgeted Amount: NA
Total Cost: NA
Funds to Be Utilized for Appropriation: NA
Attachments:
1. Ordinance 0-24-04
Administrative Services Department Review:
City Attorney Review: h
Procurement Division Review, if applicable:ll
City Manager Authorization:]
Date:
106 of 248
ORDINANCE NO.O-24-04
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND
DEVELOPMENT CODE SECTION 54-2-3.6 REGARDING PROCEDURES AND
CRITERIA FOR MOBILE FOOD ESTABLISHMENTS; PROVIDING FOR
SEVERABILITY AND REPEAL OF LAWS IN CONFLICT HEREWITH; PROVIDING
FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian hereby finds that it is in the public
interest to modify and update certain provisions of the code relating to Mobile Food Establishments;
and
WHEREAS, the City Council has previously established its intent to modify certain provisions
of the Land Development Code with respect to mobile food establishments in order to promote the
economic interests of the community; and
WHEREAS, the Local Planning Agency held a public hearing on March 7, 2024, and made a
recommendation to City Council to approve Ordinance 0-24-04.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Adoption of Recitals/Advertising. The above recitals are hereby adopted as true,
correct and found to be the legislative intent of the City Council of the City of Sebastian. Further, all advertising
and public notice requirements have been timely made.
Section 2. Textual Amendment.
That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows:
Amendment 1: ARTICLE III. SPECIAL USE, SPECIAL EXCEPTION AND TEMPORARY
USE PERMITS
Sec. 54-2-3.6. PROCEDURES AND CRITERIA FOR MOBILE FOOD ESTABLISHMENTS.
(d) Operating requirements.
(1) Mobile food dispensing vehicles shall be self-contained when operating, and provide their own
required trash and/or recycling receptacles, and receptacles for public use. Mobile food
establishments shall remove all waste and trash at the end of each day of operation, and prior to
vacating their location, and fully comply with F.A.C. Rule 61 C4.0161.
(2) Under no circumstances shall grease or any waste materials be released into any stormwater system,
tree landscaping area, sidewalks, streets, parking lots, or private/public property. Mobile food
establishments shall be responsible to properly discard any waste material in accordance with federal,
state, county, municipal, or any laws, rules, regulations, orders, or permits.
1
107 of 248
(3) No more than two mobile food establishments shall operate at the same location at any one time,
except as may be permitted as part of an approved temporary use permit on privately -owned property
as regulated in section 54-2-3.2.
(4) Mobile food establishments are permitted on each property a maximum of no more than 1we three
days per calendar week.
(5) Class I mobile food establishments operating at a site for a duration longer than four hours shall have
an agreement which confirms that employees have access to a flushable restroom within 150 feet of
the establishment's location during the hours of operation.
(6) Mobile food establishments shall not require the use of more than 10% of existing parking spaces. In
addition to the location of the mobile food dispensary vehicle, a 10-foot by 10-foot area, covered or
uncovered, may be permitted to accommodate seating and tables, if approved by the property owner.
Section 3. Severability. In the event a court of competent jurisdiction shall determine that any part of
this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed
that the City Council would have enacted the remainder of this Ordinance without said invalid provision,
thereby causing said remainder to remain in full force and effect.
Section 4. Repeal of Laws in Conflict. All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed to the extent of such conflict.
Section 5. Codification. The sections of the Ordinance shall be codified within part of the City
Land Development Code and may be renumbered or re -lettered to accomplish such, and the word
"ordinance" may be changed to "section," "division," or any other appropriate word.
Section 6. Scrivener's Errors. Sections of this Ordinance may be renumbered or re -lettered and
corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the
City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption
by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put to a vote, the
vote was as follows:
Mayor Ed Dodd
Vice -Mayor Kelly Dixon
Councilmember Fred Jones
Councilmember Bob McPartlan
Councilmember Christopher Nunn
2
108 of 248
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
, 2024.
CITY OF SEBASTIAN, FLORIDA
m.
ATTEST:
JEANETTE WILLIAMS, MMC
CITY CLERK
APPROVED AS TO FORM AND LEGALITY:
JENNIFER COCKCROFT, ESQ., BCS
CITY ATTORNEY
ED DODD, MAYOR
109 of 248
SEBASTIAN
(INTENNIA1 (MORATION
1111.1014
CITY COUNCIL AGENDA TRANSMITTAL
Meeting Date: March 20, 2024
Agenda Item Title: First Reading and Public Hearing of Ordinance 0-24-07 Relating to
Codification of Procedural Matters relating to Council and Citizen
Advisory Boards; Request to Schedule Second Reading for Public
Hearing and Adoption on April 10, 2024.
Recommendation: The City Attorney recommends City Council hold first reading and
public hearing on the adoption of Ordinance 0-24-07 and setting a second hearing for reading/public
hearing and adoption for April 10, 2024.
Background: At the City Council workshop meeting on January 24, 2024, the City
Council held a discussion on procedural matters relating to the City Council and citizen advisory boards.
Topics of discussion included bringing back an Ordinance for consideration to codify procedural matters
as well as making certain proposed changes as suggested and approved at the workshop. The City
Attorney was given direction on the possible changes and on bringing forward an Ordinance to codify the
procedures on City Council and citizen advisory board meetings.
Proposed Ordinance 0-24-07 repeals and codifies Resolution R-24-02, and makes the following changes:
(1) Elimination of public comment via electronic or zoom participation.
(2) Speaker oath cards.
(3) Changes to Resolution R 24-02 as approved on January 10, 2024 prior to codification.
If approved after first reading at public hearing, the second hearing/final reading for adoption will be set
for April 10, 2024.
IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS:
Budgeted Amount: $4,000
Total Cost: Advertising costs $331; translation fee mini11IL1111 fee, $75 or 0.18 cents per word.
Funds to Be Utilized for Appropriation: General Fund
Attachments:
1) Resolution No. R 24-02
2) Proposed Ordinance 0-24-07
Administrative Services Department Review:
City Attorney Review:
Procurement Division Revi , if applicable: N/1f
City Manager Authorization:
Date: )/ j j 1 a° A Y
110 of 248
RESOLUTION NO. 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 R-2132; 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.
WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it
to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting
times and dates and provide for conduct of City Council meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, as follows:
SECTION 1. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the
current edition of Robert's Rules of Order Newly Revised as a general guideline in the conduct of all
meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken.
SECTION 2. CITY COUNCIL MEETING DATE AND TIME.
A. Regular Meetings: Regular Meetings shall be held on the second and fourth Wednesday
of each month at 6:00 p.m. and shall adjourn at 9:30 p.m. unless extended for not more than 30 additional
minutes by a majority vote of City Council members present. All unfinished business at adjournment
shall be carried to the next Regular City Council meeting unless placed on a special meeting agenda. If a
Community Redevelopment Agency Meeting or a Board of Adjustment meeting is needed, those
meetings will take place no earlier than 6:00 p.m. on the same night, followed by the City Council
meeting at 6:30 p.m. or at the conclusion of the Community Redevelopment Agency or Board of
Adjustment meeting.
B. Special Meetings: Special meetings may be called in accordance with the Charter and
shall begin no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m.
C. Ouasi-iudicial Hearines: Quasi-judicial hearings, when anticipated to be lengthy, may be
conducted at special meetings called in accordance with the Charter for such purpose on the first and third
Wednesday of the month or may be placed on a regular meeting agenda at the discretion of the City
Manager.
D. Workshops: Workshops, when necessary, may be held prior to Regular Meetings or on
any other day no earlier than 9:00 a.m. and shall adjourn no later than 10:00 p.m. All unfinished business
at adjournment shall be carried to the beginning of the next scheduled workshop. At workshops, matters
may be discussed and placed on an appropriate City Council meeting agenda for formal action.
Substantive decisions shall not be made at workshops.
E. Commercial Media Technoloev (CMT): City Council deems it to be in the best interest of
the citizens and residents of the City of Sebastian, to make provision for public meetings by use of such
commercial media technology (CMT) by elected, appointed officials and members of the public. City
111 of 248
Council determines it is necessary to protect the health and safety of City Officials, City staff, and the
public. City officials can fully participate and take official action during a public meeting by the use of
CMT, as long as an in person quorum is met or in times of emergency. The same finding applies to City
Board and Committee meetings and quasi-judicial hearings.
F. Quorum: The City Council finds that its attendance requirement for purpose of
establishing a quorum can be satisfied by physically being present or in times of an emergency, by CMT
attendance. The same finding applies to City Board and Committee meetings and quasi-judicial hearings.
SECTION 3. THE CHAIR. The Chair may make a motion, second a motion or participate in
discussion without relinquishing the chair. Members of Council have the exclusive right to raise questions
of procure or points of order to the Chair and have the Chair rule on the procedure or point of order.
Any member of Council may appeal the decision of the Chair to the entire Council, and the result shall be
determined by majority vote.
SECTiO.N 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City
Manager is directed to set agendas for all City Council meetings. Documentation for items on agendas
must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting
to expedite the preparation of agenda packets.
SECTIONS. AGENDA MODIFICATION. City Council, by a unanimous vote of its
members present, may modify the agenda to add an additional agenda item. In such event, an individual
who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable
opportunity to address City Council on such new agenda item.
SECTION 6. AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS.
The general format and guidelines for Regular City Council meeting agendas shall be in the form attached
hereto as Exhibit'W'. However, Council may change the order of agenda headings by majority vote.
SECTION 7. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL)
BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial) before City
Council is as follows:
A. Order of Business:
1. Chair shall announce the opening of the public hearing.
2. Where applicable, City Attorney shall read the Ordinance or Resolution by title
unless applicable law requires more than the title be read.
3. Chair, if appropriate, shall announce the rules that apply to the hearing.
4. Applicant presentation, if appropriate.
5. City staff shall make a presentation, comments and preliminary recommendation, if
any.
6. Public input.
7. City staff final comments and recommendation, if any.
8. Chair closes hearing.
9. Council Deliberation and Action
B. Continuance of Public eadng. City Council may continue a public hearing unless a
continuance would violate applicable law. A public hearing may be continued to a time certain stated in
the record, or a continuance may be indefinite, in which case it shall be re -noticed. City Council may
defer action on a matter and continue the public hearing for receipt of written comments on the matter.
C. Defenine Decision on Merits. City Council may defer action on the merits of any matter.
2
112 of 248
SECTION 8. PROCEDURES FOR PUBLIC INPUT.
A. Where Permitted on Council Meeting Agendas.
1. Regular Meetings. Public input is allowed under Consent Agenda (for an item
that is pulled by a Member of City Council), Public Hearings, Unfinished Business, New
Business, and Public Input. Public input is not allowed under the headings of
Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards); Committee Reports and Appointments (except for committee
members giving reports and applicants being interviewed for committee appointments);
and City Council or Charter Officer Matters. Council may, by majority vote, call upon an
individual to provide input if desired.
2. Workshous and Suecial Meetings. At workshops and special meetings, public
input is limited to the item on the agenda.
B. Procedures for All Public Input.
1. Time Limit. Individuals who wish to address the City Council on any agenda
items where public input is permitted on agendas are allowed five minutes to speak on
that item; however, City Council may extend or terminate an individual's time by
majority vote of Council members present.
2. Input Directed to Chair. Speakers shall address the City Council immediately
prior to City Council deliberation of the agenda item and all input shall be directed to the
Chair, unless answering a question of a member of City Council or City staff. Individuals
shall not address City Council after commencement of City Council deliberation on an
agenda item after public input has concluded, provided, however, the Mayor and
members of City Council may call upon an individual to provide additional input if
desired.
3. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks,
political campaigning and applauding are not permitted and may result in sanctions
imposed by the Chair including expulsion from the meeting. Decisions by the Chair may
be appealed in accordance with Section 3 above.
C. Public input. The heading on Regular Meeting agendas "Public Input" provides an
opportunity for individuals to bring new information or requests to City Council not otherwise on
the prepared agenda. Individuals are asked to attempt to resolve matters with staff prior to
meetings. Individuals are asked to provide copies of material for Council one week prior to the
meeting if they intend to refer to specific material. City Council will not debate an issue during
Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or
place a requested item on a future agenda.
SECTIO iM. TRANSCRIPTS OF CITY COUNCIL MEETINGS. The City Clerk is not
required to prepare verbatim transcripts of all or any portion of City Council meetings unless City
Council, by majority vote, directs such transcripts.
SECTION 10. RULES AS GUIDELINES. It is intended that the rules set forth in this
Resolution provide a guideline for the effective operation of the business meetings of City Council, and
no rights are bestowed upon any parties by the adoption of these rules or by the City Council's failure to
act in accordance with them.
113 of 248
A. Suspension of Rules. Any provisions of this Resolution, in whole or part, may be
suspended by the affirmative vote of at least three Council members.
B. Failure to Follow Rules. If City Council fails to abide by any provision of this
Resolution, such failure shall not invalidate action taken by City Council or staff.
SECTION 11. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed, including Resolution No. R-21-32.
SECTION 12. SEVERABILITY. The provisions of this Ordinance are intended to be servable.
If any provision of this Ordinance is determined to be void or is declared illegal, invalid, or
unconstitutional by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in frill
force and effect.
SECTION 13. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or
re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the
City Manager or the City Manager's designee, without need of public hearing, by filing a corrected or re -
codified copy of same with the City Clerk.
SECTION 14. EFFECTIVE DATE. This Resolution shall take effect upon its adoption.
The foregoing Resolution was passed for adoption by Council Member Dodd , was
seconded by Council Member Nunn , and upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
aye
Vice Mayor Kelly Dixon
ave
Council Member Fred Jones
absent
Council Member Bob McPartlan
absent
Council Member Chris Nunn
ave
The Mayor thereupon declared this Resolution duly passed and adopted this 10th day of January
2024.
CITY OF SEBASTIAN, FLORIDA
By: K. - a aol--
Mayor Ed Dodd
ATTEST:
J(hette Williams, MMC
City Clerk
Approved as to form and content for
relia e b the City of Sebastian only:
Qeptfifer Cockcroft, Esq.
City Attorney
4
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EXHIBIT "A"
SEBASTIAN CITY COUNCIL
REGULAR MEETING AGENDA FORMAT
AND GUIDELINES
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members. Deletions do not
apply.
6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS
This item is for presentations of proclamations, certificates and awards, and brief timely
announcements by Council and Staff. No public input or action under this heading.
7. PUBLIC INPUT
Public Input is five minutes, however, it can be extended or terminated by a majority vote of
Council members present
8. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There
will be no separate discussion of consent agenda items unless a member of City Council so
requests, in which event, the item will be removed and acted upon separately. If a member of the
public wishes to provide input on a consent agenda item, he/she should request a Council
Member to remove the item for discussion prior to start of the meeting or by raising his/her hand
to be recognized.
9. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or
action except for City committee member nominations and appointments under this heading.
10. PUBLIC HEARINGS
Procedures for Public Hearings:
Chair announces opening of the hearing
City Attorney reads title
Chair announces rules that apply to the hearing
Applicant presentation
Staff presentation, comments and preliminary recommendation
Public input.
Stafff:nal comments and recommendation
Chair closes hearing
Council Deliberation and Action
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. CTTY ATTORNEY MATTERS
No public input under this heading
14. CITY MANAGER MATTERS
No public input under this heading
15. CITY CLERK MATTERS
No public input under this heading
16. CITY COUNCIL MATTERS
No public input under this heading
17. ADJOURN (All meetings shall adjourn at 9: 30 pm unless extended for up to one half hour by a
majority vote of City Council)
Any provisions of this Resolution may be suspended by the afflrmative vote of at least three Council
members.
5
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ORDINANCE NO.O-24-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF
MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-24-
02; REPEALING RESOLUTION R-24-02; PROVIDING FOR REPEAL
OF ALL OTHER ORDINANCES, RESOLUTIONS OR PARTS
THEREOF IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it
to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting
times and dates and provide for conduct of City Council meetings; and
WHEREAS, the City Council has previously resolved to adopt and amend procedures for the
meetings of its Council as well as other City citizen advisory boards; and
WHEREAS, the City Council finds that it is in the best interest of the citizenry to codify these
matters so as to provide its citizens open and public notice of these matters by providing for codification
thereof into the City's Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS:
SECTION 1. CODIFICATION OF MATTERS IN R-24-02. The Code of Ordinances, City
of Sebastian, Florida is hereby amended as follows:
Chapter 2 — ADMINISTRATION
Article H —CITY COUNCIL
Section 2.33. — Additional Meeting Procedures Adopted.
(a) ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the current edition
of Robert's Rules of Order Newly Revised as a general guideline in the conduct of all meetings
and workshops. Failure to follow said rules shall not affect the validity of any action taken.
(b) CITY COUNCIL MEETING DATE AND TIME.
(1) Regular Meetings. Regular Meetings shall be held on the second and fourth Wednesday of
each month at 6:00 p.m. and shall adjourn at 9:30 p.m. unless extended for not more than 30
additional minutes by a majority vote of City Council members present. All unfinished
business at adjournment shall be carried to the next Regular City Council meeting unless
placed on a special meeting agenda. If a Community Redevelopment Agency Meeting or a
Board of Adjustment meeting is needed, those meetings will take place no earlier than 6:00
p.m. on the same night, followed by the City Council meeting at 6:30 p.m. or at the
conclusion of the Community Redevelopment Agency or Board of Adjustment meeting.
(2) Special Meetings. Special meetings may be called in accordance with the Charter and shall
begin no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m.
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(3) Quasi-judicial Hearings. Quasi-judicial hearings, when anticipated to be lengthy, may be
conducted at special meetings called in accordance with the Charter for such purpose on the first
and third Wednesday of the month or may be placed on a regular meeting agenda at the discretion
of the City Manager. Testimonv at quasi-judicial hearings shall be under oath as provided herein
and subiect to all aDDlicable hearing procedures as outlined by law or the Citv's Code of
Ordinances.
(4) Workshops. Workshops, when necessary, may be held prior to Regular Meetings or on the
first and third Wednesdays of the month no earlier than 9:00 a.m. and shall adjourn no later than
10:00 p.m. All unfinished business at adjournment shall be carried to the beginning of the next
scheduled workshop. At workshops, matters may be discussed and placed on an appropriate City
Council meeting agenda for formal action. Substantive decisions shall not be made at workshops.
(5) Commercial Media Technology (CMT). City Council deems it to be in the best interest of
the citizens and residents of the City of Sebastian, to make provision for public meetings by use
of such commercial media technology (CMT) by elected, appointed officials when necessary due
to exigent circumstances. City officials can fully participate and take official action during a
public meeting by the use of CMT due to exigent circumstances. so long as an in person quorum
is met or due to a declared state of emergencv. The same finding applies to City Board and
Committee meetings and quasi-judicial hearings. Electronic technologv may not be used for
public input unless deemed necessary due to a declared state of emergencv by the Citv Council.
(6) Quorum. The City Council finds that its attendance requirement for purpose of
establishing a quorum can be satisfied by physically being present or in times of a declared state
of emergencv or exigent circumstances by CMT attendance. The same finding applies to City
Board and Committee meetings and quasi-judicial hearings.
(c) THE CHAIR. The Chair may make a motion, second a motion or participate in discussion
without relinquishing the chair. Members of Council have the exclusive right to raise questions of
procedure or points of order to the Chair and have the Chair rule on the procedure or point of
order. Any member of Council may appeal the decision of the Chair to the entire Council, and the
result shall be determined by majority vote.
(d) AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed
to set agendas for all City Council meetings. Documentation for items on agendas must be
submitted to the City Clerk no later than noon on the Thursday preceding the respective meeting
to expedite the preparation of agenda packets.
(e) AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may
modify the agenda to add an additional agenda item. In such event, an individual who wishes to
address City Council with respect to the new agenda item shall be afforded a reasonable
opportunity to address City Council on such new agenda item.
(f) AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS. The general
format and guidelines for Regular City Council meeting agendas shall be in the form below
herein. However, Council may change the order of agenda headings by majority vote.
(g) ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) BEFORE CITY
COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as
follows:
A. Order of Business:
1. Chair shall announce the opening of the public hearing.
2
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2. Where applicable, City Attorney shall read the Resolution or Ordinance by title
unless applicable law requires more than the title be read.
3. Chair, if appropriate, shall announce the rules that apply to the hearing.
4. Applicant presentation, if appropriate.
5. City staff shall make a presentation, comments and preliminary recommendation, if
any.
6. Public input.
7. City staff final comments and recommendation, if any.
8. Chair closes hearing.
9. Council Deliberation and Action
B. Continuance of Public Hearing. City Council may continue a public hearing unless a
continuance would violate applicable law. A public hearing may be continued to a time certain
stated in the record, or a continuance may be indefinite, in which case it shall be re -noticed. City
Council may defer action on a matter and continue the public hearing for receipt of written
comments on the matter.
C. Deferring Decision on Merits. City Council may defer action on the merits of any matter.
(h) PROCEDURES FOR PUBLIC INPUT.
A. Where Permitted on Council Meeting Agendas.
1. Regular Meetings. Public input is allowed under Consent Agenda (for an item
that is pulled by a Member of City Council), Public Hearings, Unfinished Business, New
Business, and Public Input. Public input is not allowed under the headings of
Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards); Committee Reports and Appointments (except for committee
members giving reports and applicants being interviewed for committee appointments);
and City Council or Charter Officer Matters. Council may, by majority vote, call upon an
individual to provide input if desired.
2. Workshops and Special Meetings. At workshops and special meetings, public
input is limited to the item on the agenda.
B. Procedures for All Public Input.
1. Time Limit. Individuals who wish to address the City Council on any agenda
items where public input is permitted on agendas are allowed five minutes to speak on
that item; however, City Council may extend or terminate an individual's time by
majority vote of Council members present.
2. Input Directed to Chair. Speakers shall address the City Council immediately
prior to City Council deliberation of the agenda item and all input shall be directed to the
Chair, unless answering a question of a member of City Council or City staff. Individuals
shall not address City Council after commencement of City Council deliberation on an
agenda item after public input has concluded, provided, however, the Mayor and
members of City Council may call upon an individual to provide additional input if
desired.
3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks,
political campaigning and applauding are not permitted and may result in sanctions
imposed by the Chair including expulsion from the meeting. Decisions by the Chair may
be appealed in accordance with Section 3 above.
3
118 of 248
C. Public Input. The heading on Regular Meeting agendas "Public Input" provides an
opportunity for individuals to bring new information or requests to City Council not otherwise on
the prepared agenda. Individuals are asked to attempt to resolve matters with staff prior to
meetings. Individuals are asked to provide copies of material for Council one week prior to the
meeting if they intend to refer to specific material. City Council will not debate an issue during
Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or
place a requested item on a future agenda.
(i) TRANSCRIPTS OF CITY COUNCIL MEETINGS. The City Clerk is not required to prepare
verbatim transcripts of all or any portion of City Council meetings unless City Council, by
majority vote, directs such transcripts.
(j) RULES AS GUIDELINES. It is intended that the rules set forth in this Section provide a
guideline for the effective operation of the business meetings of City Council, and no rights are
bestowed upon any parties by the adoption of these rules or by the City Council's failure to act in
accordance with them.
A. Suspension of Rules. Any provisions of this Section, in whole or part, may be suspended
by the affirmative vote of at least three Council members.
B. Failure to Follow Rules. If City Council fails to abide by any provision of this Section,
such failure shall not invalidate action taken by City Council or staff.
(k) SWEARING OF WITNESSES. Any person presenting factual information to the City Council
or Board during a quasi-iudicial hearing shall be sworn. unless otherwise allowed by law such an
attorney. This may be done by execution of a Sneaker Oath Card. All testimony shall be under a
sworn oath to tell the truth. The oath shall be contained on a sneaker's card or other form as
designated by the City Clerk. All persons wishing to speak on a quasi-iudicial matter shall
submit a speaker's card at or before the time of presenting testimony to the clerk on duty.
SECTION 2. REPEAL. This Ordinance repeals Resolution R-24-02 in its entirety.
SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the
City Council of the City of Sebastian that the provisions of this Ordinance shall become and be made a
part of the City of Sebastian's Code of Ordinances, and that the Sections of the Ordinance may be
renumbered or re -lettered and that the word Ordinance may be changed to section, article, regulation, or
other such appropriate word or phrase in order to accomplish such intentions.
SECTION 4. CONFLICT. All Ordinances, Resolutions or parts of any Resolutions or
Ordinances in conflict herewith are hereby repealed, including R-24-02.
SECTION 5. SEVERABILITY. The provisions of this Ordinance are intended to be servable.
If any provision of this Ordinance is determined to be void or is declared illegal, invalid, or
unconstitutional by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in full
force and effect.
SECTION 6. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized by the
City Manager or the City Manager's designee, without need of public hearing, by filing a corrected or re -
codified copy of same with the City Clerk.
4
119 of 248
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption.
The foregoing Ordinance was passed for adoption by Council Member , was
seconded by Council Member , and upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Kelly Dixon
Council Member Fred Jones
Council Member Bob McPartlan
Council Member Christopher Nunn
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
2024.
CITY OF SEBASTIAN, FLORIDA
al
ATTEST:
Jeanette Williams, MMC
City Clerk
Approved as to form and content for
reliance by the City of Sebastian only:
Jennifer Cockcroft, Esq., B.C.S.
City Attorney
Ed Dodd, Mayor
120 of 248
SEBASTIAN
(191100IAI CILIRRAIION
1911.11H
CITY COUNCIL AGENDA TRANSMITTAL
Meeting Date: March 20, 2024
Agenda Item "Title: First Reading and Public Hearing on Ordinance 0-24-09 Relating to
Codification of Quasi -Judicial Procedural Matters relating to Citizen
Advisory Boards; Request to Schedule Second Reading for Public
Hearing and Adoption on April 10, 2024.
Recommendation: The City Attorney recommends City Council hold first reading and
public hearing on the adoption of Ordinance 0-24-09 and setting a second hearing for reading/public
hearing and adoption for April 10, 2024.
Background: At the City Council workshop meeting on January 24, 2024, the City
Council held a discussion on procedural matters relating to the City Council and citizen advisory boards.
Topics of discussion included bringing back an Ordinance for consideration to codify procedural matters
as well as making certain proposed changes as suggested and approved at the workshop. The City
Attorney was given direction on the possible changes and on bringing forward an Ordinance to codify the
procedures for citizen advisory board meetings.
Proposed Ordinance 0-24-09 further codifies matters relating to citizen boards, specifically: quasi-
judicial proceedings. The majority of these matters were also previously addressed by Resolution R-20-35
but not codified. Approval of Ordinance 0-24-09 is recommended to codify these matters and to make
recommended changes from the City Council meeting of January 24, 2024. If approved after first reading
at public hearing, the second hearing/final reading for adoption will be set for April 10, 2024.
IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS:
Budgeted Amount: $4,000
Total Cost: Advertising costs approximately $331; translation fee minimum 1ee, S75 or 0.18 cents per -
word.
Funds to Be Utilized for Appropriation: General Fund
Attachments:
1) Resolution No. R 20-35
2) Proposed Ordinance 0-24-09
Administrative Services Dep ent Review:
City Attorney Review:
lV
Procurement Division Review, if applicable: NIA
City Manager Authorization: dui
Date:
101 ,,f 248
RESOLUTION NO. R-20-35
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-99-12, AND
REESTABLISHING PROCEDURES FOR QUASI-JUDICIAL HEARINGS;
DETERMINING APPLICABILITY; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S
ERRORS; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, recognizes that certain
decisions of the City Council and/or City Boards are quasi-judicial in nature and, in such matters,
it may be a fundamental requirement that parties and interested persons in relation to such quasi-
judicial proceedings be given an opportunity to be heard in an equitable and efficient manner and
otherwise be afforded procedural due process; and
WHEREAS, the City Council has determined it necessary to revise more exacting
provisions in relation to quasi-judicial proceedings and repeal written quasi-judicial procedures in
Resolution No 99-12 ensuring that participants in a quasi-judicial proceeding, and the public, are
provided with reasonable opportunities to be heard in a public hearing forum that is predictable,
consistent and provides due process to all participants; and
WHEREAS, it is the intent of the City Council to repeal the quasi-judicial procedures as
adopted and established by Resolution No 99-12, and that they comply with Florida Statutes
Section 286.01 15 authorizing a local government to adopt quasi-judicial procedures by ordinance
or resolution thereby removing the presumption of prejudice from ex-parte communications with
local public officials during the conduct of quasi-judicial hearings conducted in compliance with
the procedures as adopted by City Council; and
WHEREAS, these quasi-judicial procedures as set forth herein, are designed to provide
notice and guidance to all participants and the public who appear before the City Council or other
City Board, as such board may be established by the City Charter and/or the City of Sebastian
Code of Ordinances, that the conduct of meetings wherein quasi-judicial decisions are required
shall be governed by the quasi-judicial proceedings set forth herein.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
SECTION 1. CONDUCT OF HEARINGS. The City Council of the City of
Sebastian recognizes the need to observe fundamental due process in the determination of all
quasi-judicial matters. In furtherance of this obligation, the following Quasi -Judicial Procedures
are to be adhered to in the conduct of such hearings:
A. Swearine of witnesses. Any person presenting factual information to the City
Council or Board during the hearing shall be sworn. The administration of the oath or affirmation
shall be done by the Clerk of the City Council on the record at the time the person comes to the
podium or as a group before the hearing commences. If the Clerk is not available, the City
Attorney can administer the oath. Citizens wishing to merely express an opinion in favor or
opposition to the matter at hand, and agents of the applicant (such as an attorney) merely
122 of 248
advocating the applicant's position, need not be sworn.
B. Admissibility of Evidence. The City Attorney, upon an objection raised or
upon his own accord, shall determine if any evidence sought to be presented is inadmissible.
This determination may be over -ruled by a majority of the City Council or the Board upon a
motion by any member thereof. Otherwise, the Mayor or Chair shall for the record receive any
evidence presented and the same shall be maintained in the custody of the City Clerk.
C. Time Limitations. The traditional practices of the Mayor or Chair in presiding
over the smooth conduct of the hearing, encouraging precise and relevant presentations, shall
provide guidance as to limitations on the length of presentations and the redundancy of witnesses.
However, as appropriate, the City Council or Board, by majority vote, may set limits on the
length of presentations and the number of witnesses on a case -by -case basis.
D. Competent Substantial Evidence. In deciding whether the application does or
does not meet the standards, the City Council or Board must base its decision on what is known
as "competent substantial evidence." Substantial evidence is such evidence that a fact at issue can
reasonably be inferred from. Competent evidence means legally sufficient evidence. Competent
substantial evidence should be based in fact, be reliable and tend to prove a point such that a
reasonable mind would accent it as sufficient to sunnort the conclusion reached. Competent
substantial evidence should not be speculative, hypothetical or coniecture. Instead, it must be
relevant. material and within the purview of knowledae of the witness offering the evidence.
E. The Applicability of the Law. Quasi-judicial proceedings involve the
application of established standards, policy or laws to individual facts set forth in an application.
For this reason, when deciding a quasi-judicial matter, the City Council or Board is restrained to
consider and apply the criteria set forth in the applicable Code section at issue. For example, if
the City Council or Board are considering a variance, it is limited to applying the competent
substantial evidence to the factors outlined in section 54-1-2.5 (c) (2) of the Code or as amended.
F. Due Process. A party to a Quasi -Judicial Hearing should be provided procedural
due process, which consists of providing reasonable notice of the hearing; an opportunity to be
heard at the hearing; present evidence at the hearing; and an opportunity to cross-examine
witnesses.
G. Ex-Parte Communication. At the time the Mayor or Chair opens the hearing,
members of the City Council or Board shall disclose ex -pane communications in accordance with
law. An e-Y party communication is any communication, oral or written, between members
serving on the City Council or Board and the public, other than those made on the record at the
public hearing.
H. Order of Presentation. After the Presiding Officer opens the hearing, the matter
shall proceed in the following order:
1. Mayor or Chair opens the Quasi -Judicial Hearing;
2. The City Attorney reads the Resolution Title;
3. The City Council or Board Members disclose ex -pane communication;
4. The City Clerk swears in all who intend to provide testimony. If unavailable,
the City Attorney will administer the oath;
5. The applicant or his agent shall make a presentation in favor of the request;
123 of 248
6. The staff shall present its findings and analysis;
7. The City Council or Board shall ask questions of the applicant and staff as it
sees fit;
8. The Mayor or Chair shall open the floor to anyone in favor of the request
who wishes to speak or ask questions;
9. The Mayor or Chair shall open the floor to anyone opposed to the request
who wishes to speak or ask questions;
10. The applicant is provided an opportunity to respond to any of the issues
raised by staff or the public;
11. Staff is provided an opportunity to summarize its position;
12. The City Council or Board deliberates the request, asking such questions as it
sees fit; and
13. The Mayor or Chair calls for a motion; and
14. The City Council or Board takes action.
SECTION 2. REPEAL. This Resolution repeals Resolution R-99-12 in its entirety.
SECTION 3. APPLICATION. Due to the evolving nature of this area of the law, these
procedures shall be utilized in the conduct of hearings on matters that are determined to be quasi-
judicial under the laws of the State of Florida.
SECTION 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
SECTION 5. SEVERABILITY. The provisions of this Resolution are intended to be
severable. If any provision of this Resolution is determined to be void or is declared illegal,
invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution
shall remain in full force and effect.
SECTION 6. SCRIVENER'S ERRORS. Sections of this Resolution may be
renumbered or re -lettered and corrections of typographical errors which do not affect the intent
may be authorized by the City Manager, or the City Manager's designee, without need of public
hearing, by filing a corrected or re -codified copy of same with the City Clerk.
SECTION 7. EFFECTIVE DATE. This resolution shall take effect immediately upon
its adoption.
The foregoing Resolution was moved for adoption by Councilmember Hill . The motion
was seconded by Councilmember MCPartlan and, upon being put to a vote, the vote was as
follows:
Mayor Ed Dodd aye
Vice -mayor Jim Hill aye
Councilmember Fred Jones aye
Councilmember Cluistopher Nunn aye
Councilmember Bob McPartlan aye
124 of 248
The Mayor there upon declared this Resolution duly passed and adopted this 9"' day of December, 2020.
CITY OF SEBASTIAN. FLORIDA
ATTEST:
By: f-
ED DODD, Mayor
.ANETTE WILLIAMS. MMC,
City Clerk
Approved as to lbnn and legality for
reliance by the City of Sebastian only:
/H3
ANKY ANOlyfl .,
City Attorney v
125 of 248
ORDINANCE NO.O-24-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF
MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-20-
35; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES,
RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it
to be in the best interest of the citizens of Sebastian to provide clear direction to provide for conduct of
City citizen advisory board meetings; and
WHEREAS, the City Council of the City of Sebastian, Florida, recognizes that certain decisions
of the City Council and/or City Boards are quasi-judicial in nature and, in such matters, it may be a
fundamental requirement that parties and interested persons in relation to such quasi-judicial proceedings
be given an opportunity to be heard in an equitable and efficient manner and otherwise be afforded
procedural due process; and
WHEREAS, the City Council previously determined it necessary to revise more exacting
provisions in relation to quasi-judicial proceedings and repeal written quasi-judicial procedures in
Resolution No 99-12 and 20-35, ensuring that participants in a quasi-judicial proceeding, and the public,
are provided with reasonable opportunities to be heard in a public hearing forum that is predictable,
consistent and provides due process to all participants; and
WHEREAS, these quasi-judicial procedures as set forth herein, are designed to provide notice
and guidance to all participants and the public who appear before the City Council or other City Board, as
such board may be established by the City Charter and/or the City of Sebastian Code of Ordinances, that
the conduct of meetings wherein quasi-judicial decisions are required shall be governed by the quasi-
judicial proceedings set forth herein.
WHEREAS, the City Council has previously resolved to adopt and amend procedures for the
meetings of its Council as well as other City citizen advisory boards; and
WHEREAS, the City Council finds that it is in the best interest of the citizenry to codify these
matters so as to provide its citizens open and public notice of these matters by providing for codification
thereof into the City's Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS:
SECTION 1. CODIFICATION OF MATTERS IN R-20-35. The Code of Ordinances, City
of Sebastian, Florida is hereby amended as follows:
Chapter 2 — ADMINISTRATION
Article VI — Boards, Commissions, Committees, Division 1— Generally
126 of 248
Section 2.174 — Quasi -Judicial Hearing Procedures.
(a) CONDUCT OF HEARINGS. The City Council of the City of
Sebastian recognizes the need to observe fundamental due process in the determination of all
quasi-judicial matters. In furtherance of this obligation, the following Quasi -Judicial Procedures
are to be adhered to in the conduct of such hearings:
(1) Swearing of witnesses. Any person presenting factual information to the City Council or
Board during the hearing shall be sworn, unless otherwise allowed by law such an attorney.
This may be done by execution of a Sneaker Oath Card. All testimony shall be under a sworn
oath to tell the truth. The oath shall be contained on a speaker's card or other form as
designated by the Citv Clerk. All persons wishing to sneak on a auasi-iudicial matter shall
submit a speaker's card at or before the time of presenting testimonv to the clerk on dutv.
(2) Admissibility of Evidence. The City Attorney, upon an objection raised or upon his own
accord, shall determine if any evidence sought to be presented is inadmissible. This
determination may be over -ruled by a majority of the City Council or the Board upon a
motion by any member thereof. Otherwise, the Mayor or Chair shall for the record receive
any evidence presented and the same shall be maintained in the custody of the City Clerk.
(3) Time Limitations. The traditional practices of the Mayor or Chair in presiding over the
smooth conduct of the hearing, encouraging precise and relevant presentations, shall provide
guidance as to limitations on the length of presentations and the redundancy of witnesses.
However, as appropriate, the City Council or Board, by majority vote, may set limits on the
length of presentations and the number of witnesses on a case -by -case basis.
(4) Competent Substantial Evidence. In deciding whether the application does or does not
meet the standards, the City Council or Board must base its decision on what is known as
"competent substantial evidence." Substantial evidence is such evidence that a fact at issue
can reasonably be inferred from. Competent evidence means legally sufficient evidence.
Competent substantial evidence should be based in fact, be reliable and tend to prove a point
such that a reasonable mind would accept it as sufficient to support the conclusion reached.
Competent substantial evidence should not be speculative, hypothetical or conjecture.
Instead, it must be relevant, material and within the purview of knowledge of the witness
offering the evidence.
(5) The Applicability of the Law. Quasi-judicial proceedings involve the application of
established standards, policy or laws to individual facts set forth in an application. For this
reason, when deciding a quasi-judicial matter, the City Council or Board is restrained to
consider and apply the criteria set forth in the applicable Code section at issue. For example,
if the City Council or Board are is considering a variance, it is limited to applying the
competent substantial evidence to the factors outlined in section 54-1-2.5 (c) (2) of the Code
or as amended.
(6) Due Process. A party to a Quasi -Judicial Hearing should be provided procedural due
process, which consists of providing reasonable notice of the hearing; an opportunity to be
heard at the hearing; present evidence at the hearing; and an opportunity to cross-examine
witnesses.
2
127 of 248
(7) Ex-Parte Communication. At the time the Mayor or Chair opens the hearing, members of
the City Council or Board shall disclose ex-parte communications in accordance with law.
An ex parse communication is any communication, oral or written, between members serving
on the City Council or Board and the public, other than those made on the record at the public
hearing.
(8) Order of Presentation. After the Presiding Officer opens the hearing, the matter shall
proceed in the following order:
1. Mayor or Chair opens the Quasi -Judicial Hearing;
2. The City Attorney reads the Resolution Title;
3. The City Council or Board Members disclose ex-parte communication, conflicts or
site visits:
4. The City Clerk swears in all who intend to provide testimony or accepts speaker oath
cards. If unavailable, the City Attorney will administer the oath;
5. The applicant or his agent shall make a presentation in favor of the request —
maximum time 30 minutes:
6. The Staff shall present its findings and analysis of request — maximum time 30
minutes:
7. The City Council or Board shall ask questions of the Applicant and Staff as it sees fit;
8. The Mayor or Chair shall open the floor to anyone in favor of the request who wishes
to speak or ask questions - maximum time 5 minutes oer person:
9. The Mayor or Chair shall open the floor to anyone opposed to the request who wishes
to speak or ask questions- maximum time 5 minutes Der person;
10. The Applicant is provided an opportunity to respond to any of the issues
raised by Staff or the public - maximum time 10 minutes:
11. Staff is provided an opportunity to summarize its position - maximum time 10
minutes:
12. The City Council or Board deliberates the request, asking such questions as it sees fit;
and
13. The Mayor or Chair calls for a motion; and
14. The City Council or Board takes action.
SECTION 2. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the
City Council of the City of Sebastian that the provisions of this Ordinance shall become and be made a
part of the City of Sebastian's Code of Ordinances, and that the Sections of the Ordinance may be
renumbered or re -lettered and that the word Ordinance may be changed to section, article, regulation, or
other such appropriate word or phrase in order to accomplish such intentions.
SECTION 3. CONFLICT. All Ordinances, Resolutions or parts of any Resolutions or
Ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY. The provisions of this Ordinance are intended to be servable.
If any provision of this Ordinance is determined to be void or is declared illegal, invalid, or
unconstitutional by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in full
force and effect.
SECTION 5. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized by the
3
128 of 248
City Manager or the City Manager's designee, without need of public hearing, by filing a corrected or re -
codified copy of same with the City Clerk.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption.
The foregoing Ordinance was passed for adoption by Council Member , was
seconded by Council Member , and upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Kelly Dixon
Council Member Fred Jones
Council Member Bob McPartlan
Council Member Christopher Nunn
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
2024.
CITY OF SEBASTIAN, FLORIDA
0
ATTEST:
Jeanette Williams, MMC
City Clerk
Approved as to form and content for
reliance by the City of Sebastian only:
Jennifer Cockcroft, Esq., B.C.S.
City Attorney
Ed Dodd, Mayor
4
129 of 248
SEBASTIAN
(ENTENNIAI(EIERRAIION
1914.1014
CITY COUNCIL AGENDA TRANSMITTAL
Meeting Date: March 20, 2024
Agenda Item Title: First Reading and Public Hearing of Ordinance 0-24-08 Relating to
Codification of Procedural Matters relating to Citizen Advisory Boards;
Request to Schedule Second Reading for Public Hearing and Adoption
on April 10, 2024.
Recommendation: The City Attorney recommends City Council hold first reading and
public hearing on the adoption of Ordinance 0-24-08 and setting a second hearing for reading/public
hearing and adoption for April 10, 2024.
Backeround: At the City Council workshop meeting on January 24, 2024, the City
Council held a discussion on procedural matters relating to the City Council and citizen advisory boards.
Topics of discussion included bringing back an Ordinance for consideration to codify procedural matters
as well as making certain proposed changes as suggested and approved at the workshop. The City
Attorney was given direction on the possible changes and on bringing forward an Ordinance to codify the
procedures on City Council and citizen advisory board meetings.
Proposed Ordinance 0-24-08 further codifies matters relating to citizen boards, not including quasi-
judicial proceedings. These matters were previously adopted in Resolution 22-15 but not repealed this
year by Resolution 24-02. Approval of Ordinance 0-24-08 is recommended to codify these matters.
If approved after first reading at public hearing, the second hearing/final reading for adoption will be set
for April 10, 2024.
IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS:
Budgeted Amount: $4,000
Total Cost: Advertising costs $331; translation fee minimum fee, $75 or 0.18 cents per word.
Funds to Be Utilized for Appropriation: General Fund
Attachments:
1) Resolution No. R 22-15
2) Proposed Ordinance 0-24-08
Administrative Services Department
City Attorney Review: 0
Procurement Division Review, ij'applicable: kht
City Manager Authorization:
Date: ))) ) h o l y
100 ; f-248
RESOLUTION NO. R-22-15
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING R-12-38 IN ITS ENTIRETY;
CREATING NEW BOARD CATEGORIES AND PROCEDURES;
PROVIDING FOR MEETING START TIME AND END TIMES FOR
ALL CITY BOARDS AND COMMITTEES; PROVIDING FOR A
STANDARD AGENDA FORMAT; PROVIDING FOR PROCEDURES
FOR PUBLIC INPUT AND PUBLIC HEARINGS; PROVIDING FOR
USE OF ROBERTS RULES OF ORDER AS A GENERAL
GUIDELINE; PROVIDING FOR CONFLICTS; PROVIDING FOR
SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Sebastian, Indian River County, Florida, is a municipal
corporation duly created and existing pursuant to the Constitution and laws of the State of
Florida; and
WHEREAS, the City Council desires to update the procedures for board and
committee meetings in the Code of Ordinances; and
WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida,
believes it to be in the best interest to provide clear direction to its appointed Boards and Committees
by approving a standard meeting time, meeting and public input guidelines, and agenda format to be
used to provide for successful Board and Committee meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS:
SECTION 1. BOARD AND COMMITTEE MEETING TIME. City Board and
Committee meetings shall begin no later than 6:00 p.m. and shall adjourn at 9:30 p.m. unless
extended for not more than 30 additional minutes by a majority vote of members present. All
unfinished business at adjournment shall be carried to the next meeting.
SECTION 2. ROBERTS RULES OF ORDER ADOPTED. City Boards and Committees
will follow the current edition of Robert's Rules of Order Newly Revised as a general guideline in
the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of
any action taken.
SECTION 3. THE CHAIR. The Chair may make a motion, second a motion or participate
in discussion without relinquishing the chair. All matters ao throuali the Chair. Members of the
Board or Committee have the exclusive right to raise questions of procedure or points of order to the
Chair and have the Chair rule on the procedure or point of order. Any member of the Board or
Committee may appeal the decision of the Chair to the Board and the result shall be determined by
majority vote.
131 of 248
SECTION 4. BOARDS, AGENDA FORMAT AND GUIDELINES FOR MEETINGS.
There shall be three (3) types of City of Sebastian Boards:
A. Cateaory l: These are Judicial or financial in nature and are there to advise or
recommend to City Council or staff on a specific item brought before it per the Code.
1. BOA, LPA, Construction, Police Pension and Planning & Zoning Boards fall
under Category 1.
2. The amended Agenda will reflect that these boards do not have a separate section
related to Public Input on non -agenda matters, Commission Matters or Next Agenda. However, the
public can bring up issues related to a specific item that is related to the Boards' purview to a
commissioner to be considered for placement on the next agenda by consensus of the Board and any
comment on matters before the Board.
B. Cateaory 2: These are fact finding and public representation to advise City Council.
These boards do not implement policies. Subcommittees may be formed under this category and
shall follow the same agenda format.
1. Charter Review, Natural Resources, Budget Review, Parks & Recreation and
Veteran's Boards fall under Category 2.
2. The amended Agenda will reflect Public Input; but, no Commission Matters or
Next Agenda.
C. Cateaory 3: These are Ad hoc or temporary committees created on an "as need" basis by
City Council and their function and authority is defined at the time of its creation. Subcommittees
may be formed under this category and shall follow the same agenda format.
1. Citizens Advisory Task Force, i.e., Centennial Task Force falls under Category 3.
2. The amended Agenda as needed when created by City Council.
The general format and guidelines for City meeting agendas shall be generally in the form
attached hereto as Exhibit "A".
SECTION 5. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-
JUDICIAL) Order for public hearings (other than quasi-judicial pi-ocedures ivhich are established
by City Council Resolution No. R-20-35) before City boards and committees:
A. Order of Business:
*Chair announces opening of the hearing.
*City Attorney reads the title.
*Chair announces rules that apply to the hearing.
*Applicant presentation.
*Stafrpresentation, continents and prelitninay recontinendation.
*Public Input.
*Stq(jfrnal suntinnmy and reconunnendation.
*Chair closes hem•ing.
*Board deliberation and action.
B. Continuance of Public Hearing. The Board or Committee may continue a public
hearing unless a continuance would violate applicable law. A public hearing may be continued to a
time certain stated in the record, or a continuance may be indefinite, in which case it shall be re-
2
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noticed. The Board or Committee may defer action on a matter and continue the public hearing for
receipt of written comments on the matter.
SECTION 6. PROCEDURES FOR PUBLIC INPUT.
A. Procedures for Public Input.
1. Time Limit. Individuals who wish to address the Board or Committee on any
agenda items for which official action is to be taken (typically items listed under
public hearings, new business and unfinished business) are allowed five minutes to
speak on that item, however, the Board or Committee may extend or tenninate an
individual's time by majority vote of members present.
2. Input Directed to Chair. Speakers shall address the Board or Committee
immediately prior to deliberation of the agenda item and all input shall be directed to
the Chair, unless answering a question of a member of the Board or Committee or
City staff. Individuals shall not address the Board or Committee after commencement
of deliberation on an agenda item after public input has concluded, provided,
however, the Chair and any member of the Board or Committee may call upon an
individual to provide additional input if desired.
3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks,
political campaigning and applauding are not permitted and may result in sanctions
imposed by the Chair including expulsion from the meeting. Decisions by the Chair
may be appealed in accordance with Section 2 above.
C. Public input. The heading on Regular Meeting agendas "Public Input" provides an
opportunity for individuals to bring new information or requests to the Board or Committee
not otherwise on the prepared agenda. Individuals are asked to attempt to resolve matters
with staff prior to meetings. Individuals are asked to provide copies of material for the Board
or Committee one week prior to the meeting if they intend to refer to specific material. The
Board or Committee will not debate an issue during Public Input but may decide by
consensus to place a requested item on a future agenda.
SECTION 7. RULES AS GUIDELINES. It is intended that the rules set forth in this
Resolution provide a guideline for the effective operation of the business meetings of City Boards
and Committees, and no rights are bestowed upon any parties by the adoption of these rules or by
Board or Committee failure to act in accordance with them.
A. Suspension of Rules. Any provisions of this Resolution, in whole or part, may be
suspended by the affirmative vote of at least a majority of the members present.
B. Failure to Follow Rules. If a Board or Committee fails to abide by any provision of this
Resolution, such failure shall not invalidate action taken by the Board or Committee.
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SECTION 8. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
SECTION 9. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered
or re -lettered and corrections of typographical errors which do not affect the intent may be
authorized by the City Manager, or the City Manager's designee without the need of public hearing.
by filing a corrected or re -codified copy of same with the City Clerk.
SECTION 10. EFFECTIVE DATE. This Resolution shall take effect upon its adoption.
The foregoing Resolution was passed for adoption by Council Member Dodd ,
was seconded by Council Member Nunn , and upon being put to a vote, the vote was as
follows:
Mayor Jim Hill absent
Vice Mayor Fred Jones aye
Council Member Ed Dodd aye _
Council Member Chris Nunn aye
Council Member Bob McPardan aye
The Mayor thereupon declared this Resolution duly passed and adopted this 22nd day of
June .2022.
ATTEIST:
anette Williams, MMC
'ity Clerk
Approved as to Form and Content for
Reliance by the City of Sebaqtian Only:
n
CiTY OF SEBASTIAN, FLORIDA
By: Vice Mayor Fred Jones
for Jim Hill, Mayor
134 of 248
EXHIBIT "A"
SEBASTIAN BOARD AND COMMITTEE
JUDICIAL/FINANCIAL COMMITTEE AGENDA FORMAT
AND GUIDELINES *
CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
ROLL CALL
4. AGENDA MODIFICATIONS
Modifications and additions require unanimous role of membe►s. Deletions do not apply.
5. PUBLIC HEARINGS (does not apphv to all boards)
*Chair shall announce the opening of the public hearing
*City Attorney shall read the Ordinance or Resolution by title unless applicable lair requires
more than the title be read
*Applicant presentation, if appropriate
*City staff shall make a presentation, comments and prelimina►y recommendation, if any
*Public input (for or against)
*City staff final su►mna►y and recommendation, if anv
*Chair closes hearing.
*Board Deliberation and Action
6. UNFINISHED BUSINESS
7. NEW BUSINESS
8. ADJOURN
*Any provisions of this Resolution may be suspended by the affirmative rote of at least a majority of
memberspresent.
5
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SEBASTIAN BOARD AND COMMITTEE
FACT FINDING/AD HOC AGENDA FORMAT
AND GUIDELINES *
I . CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. AGENDA MODIFICATIONS
Alodifrcations and additions require unanimous vote of members. Deletions do not
apply.
5. PUBLIC INPUT
Public Input on items other than on the printed agenda, is five minutes, however, it can
be extended or terminated by a majority vote of members present
6. UNFINISHED BUSINESS
F KIVAIl IW0:6*�1
8. ADJOURN
*Any provisions of this Resohrtion may be suspended by the afirnhative vote of at least a
majority of members present.
0
136 of 248
ORDINANCE NO.O-24-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF
MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-22-
15; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES,
RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it
to be in the best interest of the citizens of Sebastian to provide clear direction to establish citizen advisory
board meeting times and dates and provide for conduct of City citizen advisory board meetings; and
WHEREAS, the City Council has previously resolved to adopt and amend procedures for the
meetings of its Council as well as other City citizen advisory boards; and
WHEREAS, the City Council finds that it is in the best interest of the citizenry to codify these
matters so as to provide its citizens open and public notice of these matters by providing for codification
thereof into the City's Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS:
SECTION 1. CODIFICATION OF MATTERS IN R-22-15. The Code of Ordinances, City
of Sebastian, Florida is hereby amended as follows:
Chapter 2 — ADMINISTRATION
Article VI — Boards, Commissions, Committees, Division 1— Generally
Section 2.168 — Citizen Board Meeting Procedures.
(a) BOARD AND COMMITTEE MEETING TIME. City Board and Committee meetings shall
begin no later than 6:00 p.m. and shall adjourn at 9:30 p.m. unless extended for not more than 30
additional minutes by a majority vote of members present. All unfinished business at adjournment
shall be carried to the next meeting.
(b) ROBERTS RULES OF ORDER ADOPTED. City Boards and Committees will follow the
current edition of Robert's Rules of Order Newly Revised as a general guideline in the conduct of
all meetings and workshops. Failure to follow said rules shall not affect the validity of any action
taken.
(c) THE CHAIR The Chair may make a motion, second a motion or participate in discussion
without relinquishing the chair. All matters ao throuah the Chair. Members of the Board or
Committee have the exclusive right to raise questions of procedure or points of order to the Chair
and have the Chair rule on the procedure or point of order. Any member of the Board or
Committee may appeal the decision of the Chair to the Board and the result shall be determined
by majority vote.
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(d) BOARDS, AGENDA FORMAT AND GUIDELINES FOR MEETINGS. There shall be
three (3) types of City of Sebastian Boards:
A. Cateaory 1: These are Judicial or financial in nature and are there to advise or
recommend to City Council or staff on a specific item brought before it per the Code.
1. BOA, LPA, Construction, Police Pension and Planning & Zoning Boards fall under
Category 1.
2. The amended Agenda will reflect that these boards have no Public Input,
Commission Matters or Next Agenda. However, the public can bring up issues to a
commissioner to be placed on the next agenda by consensus.
B. Cateaory 2: These are fact finding and public representation to advise City Council.
These boards do not implement policies. Subcommittees may be formed under this category
and shall follow the same agenda format.
1. Charter Review, Natural Resources, Budget Review, Parks & Recreation and
Veteran's Boards fall under Category 2.
2. The amended Agenda will reflect Public Input; but, no Commission Matters or Next
Agenda.
C. Cateaory 3: These are Ad hoc or temporary committees created on an "as need" basis by
City Council and their function and authority is defined at the time of its creation.
Subcommittees may be formed under this category and shall follow the same agenda format.
1. Citizens Advisory Task Force, i.e., Centennial Task Force falls under Category 3.
2. The amended Agenda as needed when created by City Council.
(e) ORDER FOR PUBLIC HEARINGS. Order for NON QUASI-JUDICIAL public hearings
before City boards and committees:
A. Order of Business:
*Chair announces opening of the hearing.
*City Attorney reads the title.
*Chair announces rules that apply to the hearing.
*Applicant presentation.
*Staff presentation, comments and preliminary recommendation.
*Public Input.
*Stafffinal summary and recommendation.
*Chair closes hearing.
*Board deliberation and action.
B. Continuance of Public Hearina. The Board or Committee may continue a public hearing
unless a continuance would violate applicable law. A public hearing may be continued to a
time certain stated in the record, or a continuance may be indefinite, in which case it shall be
re -noticed. The Board or Committee may defer action on a matter and continue the public
hearing for receipt of written comments on the matter.
(fl PROCEDURES FOR PUBLIC INPUT.
A. Procedures for Public Input.
2
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1. Time Limit. Individuals who wish to address the Board or Committee on any agenda
items for which official action is to be taken (typically items listed under public hearings,
new business and unfinished business) are allowed five minutes to speak on that item,
however, the Board or Committee may extend or terminate an individual's time by
majority vote of members present.
2. Input Directed to Chair. Speakers shall address the Board or Committee immediately
prior to deliberation of the agenda item and all input shall be directed to the Chair, unless
answering a question of a member of the Board or Committee or City staff. Individuals
shall not address the Board or Committee after commencement of deliberation on an
agenda item after public input has concluded, provided, however, the Chair and any
member of the Board or Committee may call upon an individual to provide additional
input if desired.
3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political
campaigning and applauding are not permitted and may result in sanctions imposed by
the Chair including expulsion from the meeting. Decisions by the Chair may be appealed
in accordance with Section 2 above.
C. Public Input. The heading on Regular Meeting agendas "Public Input" provides an
opportunity for individuals to bring new information or requests to the Board or Committee not
otherwise on the prepared agenda. Individuals are asked to attempt to resolve matters with staff
prior to meetings. Individuals are asked to provide copies of material for the Board or Committee
one week prior to the meeting if they intend to refer to specific material. The Board or
Committee will not debate an issue during Public Input but may decide by consensus to place a
requested item on a future agenda.
(g) RULES AS GUIDELINES. It is intended that the rules set forth in this Section provide a
guideline for the effective operation of the business meetings of City Boards and Committees,
and no rights are bestowed upon any parties by the adoption of these rules or by Board or
Committee failure to act in accordance with them.
A. Suspension of Rules. Any provisions of this Section, in whole or part, may be suspended by
the affirmative vote of at least a majority of the members present.
B. Failure to Follow Rules. If a Board or Committee fails to abide by any provision of this
Section, such failure shall not invalidate action taken by the Board or Committee.
SECTION 2. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the
City Council of the City of Sebastian that the provisions of this Ordinance shall become and be made a
part of the City of Sebastian's Code of Ordinances, and that the Sections of the Ordinance may be
renumbered or re -lettered and that the word Ordinance may be changed to section, article, regulation, or
other such appropriate word or phrase in order to accomplish such intentions.
SECTION 3. CONFLICT. All Ordinances, Resolutions or parts of any Resolutions or
Ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY. The provisions of this Ordinance are intended to be servable.
If any provision of this Ordinance is determined to be void or is declared illegal, invalid, or
139 of 248
unconstitutional by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in full
force and effect.
SECTION 5. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized by the
City Manager or the City Manager's designee, without need of public hearing, by filing a corrected or re -
codified copy of same with the City Clerk.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption.
The foregoing Ordinance was passed for adoption by Council Member , was
seconded by Council Member , and upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Kelly Dixon
Council Member Fred Jones
Council Member Bob McPartlan
Council Member Christopher Nunn
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
2024.
CITY OF SEBASTIAN, FLORIDA
I0
ATTEST:
Jeanette Williams, MMC
City Clerk
Approved as to form and content for
reliance by the City of Sebastian only:
Jennifer Cockcroft, Esq., B.C.S.
City Attorney
Ed Dodd, Mayor
4
140 of 248
SEBASTIAN
(INTINNIAI (VIBRATION
1914.1014
CITY COUNCIL AGENDA TRANSMITTAL
Aleetina Date: March 20, 2024
Agenda Item Title: First Reading and Public Hearing of Ordinance 0-24-10, to Amend
Sections 2-172 — Removal; and Section 2-173 — Attendance; of the City
Code of Ordinances; Request to Schedule Second Reading for Public
Hearing and Adoption on April 10, 2024.
Recommendation: The City Attorney recommends City Council hold a first reading and
public hearing on the adoption of Ordinance 0-24-10 and schedule a second hearing for reading/public
hearing and adoption for April 10, 2024, to Amend the City Code of Ordinances Sections 2-172 and 2-
173.
Background: At the City Council workshop meeting on January 24, 2024, the City
Council held a discussion on procedural matters relating to the City Council and citizen advisory boards.
Topics of discussion included bringing back an Ordinance for consideration to codify procedural matters
as well as making certain proposed changes as suggested and approved at the workshop.
The City Attorney was given direction on the possible changes and on bringing forward an Ordinance to
modify provisions of the Code of Ordinances relating to removal of citizen advisory boards,
investigations by the City Attorney of same and clarify the role of alternates.
Proposed Ordinance 0-24-10 proposes codifications on these matters as directed.
If approved after first reading at public hearing, the second hearing/final reading for adoption will be set
for April 10, 2024.
IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS:
Budgeted Amount: $4,000
Total Cost: Advertising costs $331; translation fee minimum fee, $75 or 0.18 cents per word.
Funds to Be Utilized for Appropriation: General Fund
Attachments:
1) Proposed Ordinance 0-24-10
Administrative Services Dep rtment Review: /(—
City Attorney Review:
Procurement Division iew, if applicable: IVIh
City Manager Authorization:
Date: 3%1 �lavay
141 of 248
ORDINANCE NO. 0-24-10
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING CITY OF SEBASTIAN CODE OF ORDINANCES
CHAPTER 2 - ADMINISTRATION, ARTICLE VI — BOARDS, COMMISSIONS,
COMMITTEES, DIVISION 1 - GENERALLY, AMENDING SECTION 2-172 —
REMOVAL; AMENDING SECTION 2-173 - ATTENDANCE REQUIREMENT;
PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION,
PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County, Florida, is a municipal corporation
duly created and existing pursuant to the Constitution and laws of the State of Florida; and
WHEREAS, the City Council of the City of desires to update procedures for citizen advisory
board matters in the Code of Ordinances; and
WHEREAS, the City of Sebastian has determined that it is in the City's best interest to define
certain parameters to ensure a fluent process for the City of Sebastian's advisory and policy making
boards and committees as to procedural matters for removal and alternate participation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
Section 1. AMENDMENTS TO THE CODE OF ORDINANCES. The Code of Ordinances, City of
Sebastian, Florida is hereby amended as follows:
Chapter 2 — ADMINISTRATION
Article VI — Boards, Commissions, Committees, Division 1— Generally
SECTION 2-172. REMOVAL. IS HEREBY REPEALED IN ITS ENTIRETY AND REPLACED
WITH THE FOLLOWING:
Sec.2-172. Removal/Investigations.
(a) A member of a Citv board or committee shall serve at the pleasure of the Citv Council member
making his or her appointment and shall be subiect to removal by such Council member at anv
time without cause. When member appointments are reouired to be made by an approving
resolution or motion. such member shall serve at the pleasure of the Council member having the
nominating privilege for the consideration of such approving resolution or motion. and shall be
subiect to removal by such Council member at anv time without cause.
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(b) The Citv Council may also remove at anv time without cause anv member of anv Citv board or
committee by promulgating a resolution approved by a maioritv vote of the Citv Council.
(c) The Citv herebv adopts in its entiretv the provisions of Florida Statute & 112.501 and may also in
its sole discretion use it as an alternate method of removal.
(d) Anv complaints regarding members of Citv board or committees shall be referred to the Citv
Attornev for review and anv necessary investigations. The Citv Attornev shall have the authoritv
to issue findings whether founded or unfounded and also whether to recommend removal by the
Citv Council.
SEC. 2-173. ATTENDANCE REQUIREMENT. IS HEREBY AMENDED TO READ AS
FOLLOWS:
Sec. 2-173. Attendance Requirement/Alternates. Notwithstanding any other provision of this Code,
any board or committee member shall be automatically removed if he or she is absent from three
consecutive meetings without an acceptable excuse. An "acceptable excuse" is defined as an absence for
medical, business or personal reasons, or any other reason which the chair of the board or committee
deems appropriate. Upon notification by the chair of the board to City Council that a member has not
complied with the attendance requirement, the council shall issue an order of removal.
The effective date of removal shall be the date on which the order of removal was entered. al 0
aoafd a. ....ittee members t:,,..at to this scccrorshall -iof be subjectto sccxvs2 172.
Alternate members shall be required to attend all meetings to ensure a quorum is met and be prepared to
vote if a regular member is absent. When a regular member of a board or committee is absent, an
alternate may take the place of the absent regular member at the dais. Alternate members will have no
right of participation on the board or committee unless taking the place of an absent regular member. If
an alternate cannot make a meeting, they shall notify the staff liaison prior to the meeting.
Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any
part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be
presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It
shall further be assumed that the City Council would have enacted the remainder of this Ordinance
without said invalid provision, thereby causing said remainder to remain in full force and effect.
Section 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Sebastian City
Council that the provisions of this ordinance shall become and be made a part of the City of Sebastian's
Code of Ordinances, and that the sections of this ordinance may be renumbered or re -lettered and the
word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or
phrase in order to accomplish such intentions.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed
except when the conflict exists to comply with Florida law.
Section 5. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -lettered and
corrections of typographical errors which do not affect the intent may be authorized by the City Manager,
or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy
143 of 248
of same with the City Clerk.
Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon approval at second reading by
the City Council and signature of the Mayor.
The foregoing Ordinance was moved for adoption by Council Member
The motion was seconded by Council Member and, upon being put to a vote, the
vote was as follows:
Mayor Ed Dodd
Vice Mayor Kelly Dixon
Council Member Fred Jones
Council Member Christopher Nunn
Council Member Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted on this day of
2024.
CITY OF SEBASTIAN, FLORIDA
Ed Dodd, Mayor
ATTEST:
Approved as to form and legality for
Jeanette Williams, City Clerk reliance by the City of Sebastian only:
Jennifer Cockcroft., Esq.
City Attorney
3
144 of 248
SEBAST AN
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: March 20, 2024
Agenda Item Title: Resolution R-24-12, Parking In Lieu Agreement for 1660 Indian River Drive, Squid
Lips Restaurant & Fins Marina
Recommendation Approve Resolution, and authorize the City Manager to execute the agreement
attached and identified as Attachment A.
Background: A site plan modification for Squid Lips and Fins Marina was approved by the Planning
and Zoning Commission on July 15'', 2021, with building permits issued in the fall of 2022, and construction is now
nearing completion. A total of 186 parking spaces are needed per requirements of the Land Development Code. The
approved site plan was able to design 164 spaces on site, which includes a combination of regular spaces, handicapped,
compact and motorcycle spaces, along with allowable credits for preserving some of the existing oak trees. Mr. Buz
Underill, as agent for Capital Mortgage Services, LLC, owner of the property, has requested to purchase the remaining
22 needed spaces utilizing the City's Parking -in -Lieu Program.
The City Council established the Parking In Lieu Program to allow owners and developers in the Community
Redevelopment Area (CRA) to purchase required parking by paying a fee into the Riverfront Parking Trust Fund to be
used only to develop and maintain public parking within the CRA east of the FEC railroad. Only properties zoned
Commercial Riverfront (CR) or Commercial Waterfront Residential (CWR) may participate, and 50% of the required
amount of parking may be purchased, up to a maximum of 30 spaces. Public parking utilized in this program is not
assigned to a business or reserved in any manner, and confers no rights upon the business to place any advertisement,
notices or signage upon the parking spaces. The fee has been established at $3,200 per parking space.
The total charge for 22 spaces will be $70,400, and the Owner, in lieu of direct payment, had agreed to install 19
stamped, on -street spaces using his contractor while on site, to which costs will be applied to his fee for the 22 spaces.
The overage costs were then negotiated to be reimbursed after the spaces are completed and inspected by city staff. As
such, the agreement identified as Attachment A has been prepared and included in Resolution R-24-12. If approved, the
agreement will be recorded as a lien against the property, and released after the spaces have been installed and
approved.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount: $ 0
Total Cost: $25,204.08
Funds to Be Utilized for Appropriation: Parking -in -Lieu Trust Fund
Attachments:
1. Resolution R-24-12
2. Agreement (Attachment A)
Administrative Services Department Review:
City Attorney Revie
Procurement Division Review, if applicable: NI�t
City Manager Authorization:
Date:
1 =5 of 248
RESOLUTION NO. R- 24-12
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING PARTICIPATION IN THE PARKING IN LIEU OF
PROGRAM, LIEN AGREEMENT, AND COVENANT RUNNING WITH
THE LAND, FOR CAPITAL MORTGAGE SERVICES, LLC, OWNER OF
PROPERTY LOCATED AT 1660 INDIAN RIVER DRIVE, SEBASTIAN,
FLORIDA; PROVIDING FOR TERMINATION, CONFLICTS, AND
SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian has determined that it is in
the public interest to allow businesses within the Riverfront area the opportunity to
utilize public parking to meet their parking needs; and
WHEREAS, Capital Mortgage Services, LLC, for redevelopment of Squid Lips &
Fins Marina, wishes to participate in the Parking In Lieu of Program and purchase
twenty-two (22) parking spaces of public parking for property located at 1660 Indian
River Drive;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. The City Council approves the Parking In Lieu Of Program
Agreement, Lien Agreement and Covenant Running with the Land attached hereto as
Attachment A, and authorizes the City Manager to execute and record the same.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. SCRIVENER'S ERRORS. Sections of this ordinance may be
renumbered or re -lettered and corrections of typographical errors which do not affect
the intent may be authorized by the City Manager, or the City Manager's designee,
without need of public hearing, by filing a corrected or re -codified copy of same with the
City Clerk.
146 of 248
Section 4. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by
The motion was seconded by and, upon being put to a
vote, the vote was as follows:
Mayor Ed Dodd
Vice -Mayor Kelly Dixon
Council Member Fred Jones
Council Member Bob McPartlan
Council Member Christopher Nunn
The Mayor thereupon declared this Resolution duly passed and adopted this 20t' day of
March, 2024.
CITY OF SEBASTIAN, FLORIDA
Mayor Ed Dodd
ATTEST:
Jeanette Williams, MMC
City Clerk
Approved as to form and content:
Jennifer Cockcroft, Esq. BCS
147 of 248
ATTACHMENT A
PARKING IN LIEU OF PROGRAM AGREEMENT
LIEN AGREEMENT
COVENANT RUNNING WITH THE LAND
(hereinafter collectively referred to as "Agreement")
THIS AGREEMENT is between the City of Sebastian, a Florida municipal
corporation, as "City", and Capital Mortgage Services, LLC, as "Owner" of the property
located at 1660 Indian River Drive, Sebastian, FL.
WHEREAS, the City Council of the City of Sebastian finds that providing public
parking to assist private businesses meet their parking needs is an economic benefit to the
entire community; and
WHEREAS, the requirements for parking are outlined in Sec. 54-3-15 of the
City's Land Development Code and include an In Lieu of Parking Program allowing
businesses to participate in public parking to meet their parking requirements; and
WHEREAS, the recently approved site plan for the Squid Lips & Fins Marina
redevelopment at the subject property requires 186 parking spaces and provides 164 on
the site; and
WHEREAS, the Owner has decided to participate in the Parking In Lieu of
Program and purchase twenty-two (22) additional spaces from the City.
NOW THEREFORE, in consideration of the mutual promises and obligations
stated herein, the City and Owner do hereby incorporate all terms and conditions in this
Agreement and mutually agree as follows:
1. PURPOSE. The purpose of this agreement is to provide the Owner with the non-
exclusive use of twenty-two (22) additional public parking spaces for the benefit of the
development of their property located at 1660 Indian River Drive.
2. FEE. The fee for 22 parking spaces at $3,200 per space, as established by Resolution
R-10-35, totals seventy thousand four hundred dollars ($70,400.00).
3. PAYMENT. In lieu of direct payment, Owner agrees to install 19 stamped, on -street
parking spaces in accordance with their approved site plan for redevelopment, and has
presented to the City reasonable and acceptable costs for the construction of those 19
spaces. The City agrees to apply those costs to the fee owed for the 22 parking -in -lieu
spaces. At which time the Owner provides the City affidavits for proof of payment to the
contractor(s) installing the 19 stamped on -street parking, and the installed spaces pass a
final inspection by city staff, the City will reimburse the Owner the overage, minus the
stormwater infrastructure costs, as indicated in the Calculations summary in Exhibit A.
attached hereto and incorporated herein by this reference. Reimbursement will be from
the Parking -in -Lieu Parking Trust Fund.
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4. ESTABLISHMENT OF LIEN. This Agreement, and the obligations created
hereunder, is secured by a lien upon the property described in Exhibit B, attached hereto
and incorporated herein by this reference. Such lien shall be of equal dignity with the lien
for taxes and shall be enforceable in the same manner as provided by law, and may be
satisfied at any time by submittal of the aforementioned affidavits for proof of payment
and final inspection. Upon such submittal and inspection, the City shall, by appropriate
means, evidence the satisfaction and cancellation of such lien upon the record thereof.
Notice of such lien may be filed in the office of the Clerk of the Circuit Court and
recorded among the public records of Indian River County.
5. COVENANT RUNNING WITH THE LAND. This Agreement shall constitute a
covenant running with the land and shall be binding upon the heirs, successors and
assigns of the parties.
6. NON EXCLUSIVE USE AND OWNERSHIP. The parking spaces are for the non-
exclusive use by the Owner, and the City shall retain fee ownership of the public parking
spaces.
7. LIMITS OF USE. This Agreement confers no rights upon the Owner to place any
advertisement, notices or signage. The City expressly retains all such rights. The Owner
shall make no use of the parking spaces except as specifically authorized in this
Agreement.
8. SUCCESSORS AND ASSIGNS. This Agreement and each of its terms and
conditions shall be binding upon the parties and their respective successors and assigns.
There shall be no assignment of this Agreement or any of the rights or obligations herein,
without the advance written consent of the City.
9. NOTICES. All notices required by this agreement shall be in writing and delivered
either by registered or certified mail to the other party at the address given below:
"City": Brian Benton, City Manager "Owner": Harry J. Underill, III
City of Sebastian Capital Mortgage Services, LLC
1225 Main Street 490 N. Harbor Boulevard
Sebastian, Florida 32958 Melbourne, Florida 32935
Any party may change address or designee by giving written notice of such change to the
other parties.
10. REMEDIES. This Agreement provides the Owner with the necessary parking
spaces required by the Code of the City of Sebastian only during such time as the Owner is
current with respect to her financial obligations described herein. If any party shall fail to
perform any term or condition hereof, and continue such nonperformance for a period of
ninety days after receiving a notice of default, it shall be subject to such administrative,
contractual, and legal remedies as provided by this Agreement, the Code of Ordinances of
E
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the City of Sebastian, and the laws of the State of Florida. Jurisdiction for any court action
filed regarding this Agreement shall be in a court of competent jurisdiction in Indian River
County, Florida.
11. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
12. RECORDING. The City shall be responsible for recording this Agreement in the
Official Records of Indian River County and the Owners shall pay all recording fees. A
copy of the recorded Agreement shall be provided to the Owner by the City within fifteen
(15) business days after recording.
13. EFFECTIVE DATE. This Agreement shall be effective upon the execution of the
last party to sign.
CITY OF SEBASTIAN, FLORIDA
Brian Benton, City Manager
ATTEST:
Jeanette Williams, MMC
City Clerk
OWNER:
By:
H. J. Underill, I, gent
Capital Mortgage Services, LLC
STATE OF �7\ J . ck c,
COUNTY OF gflA,carcl
Date:
Approved as to form:
Jennifer Cockcroft, Esq., BCS
City Attorney
Date: -S — t ( — 2-4
�y
The foregoing instrument was acknowledged before me this — day of Wv r f., , 2024, by Harry J.
Underill, who is personally known to me or produced . (identification)
SEAL Mr MISTY DAWN KINZER 1 V `�
C0MmW *HH073364
* e Expires Janwry 22, 2025 NOTARY PU ���
�yo►no�`° �w.anwwM.tnwns«+*« Print N � ,� ,
Commission No. VA 14 6'7 A 3ioLi_
Expiration: 37 ,jn ,, , ... aCMS
3
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