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HomeMy WebLinkAbout03-20-2024 CC Minutesj SEBASTIAN (ENTENNI/L (ELEBR/T10H 1914.1014 SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY (CRA) MINUTES WEDNESDAY, MARCH 20, 2024 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Dodd called the Regular City Council meeting to order at 6:00 p.m. 2. Reverend Grant Foster, Riverside Church Assembly of God gave the invocation. 3. Council Member Nunn 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 Ken Killgore 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 Airport Manager Jeff Sabo Police Chief Daniel Acosta Police Captain Tim Wood 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Regular City Council & CRA Meeting March 20, 2024 Page 2 24.062 A. Proclamation — Honorine Laura LaPorte — LaPorte Farms Council Member Jones read and presented a proclamation to Laura LaPorte who has operated a petting zoo in a farm -like setting, located in Indian River County, since 1994. A short video of the fun things to do there showing the variety of animals was played. Council Member Jones thanked her for providing the zoo to the community and he presented her a cupcake for her upcoming birthday. 24.063 B. Proclamation — Dark Skv Week — April 2 to 8. 2024 Mayor Dodd read and presented the proclamation to Patrick Mugan. Mr. Mugan thanked Council for acknowledging light pollution and the risks of excessive light at night. BriefAnnouncements: Friday, March 22 — Chamber of Commerce Concert in the Park— 5:30 p.m. to 8:00 p.m. (Reckless Shots) Friday. March 29 — Easter Event at the Twin Piers in Riverview Park Bunny Se lies 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) Vice Mayor Dixon announced the upcoming events. Mayor Dodd said the City had a really good turnout in the Centennial tent in Riverview Park this past weekend and encouraged the Council Members to participate in the future Centennial events. 8. Mayor Dodd recessed the City Council meeting and convened the Community Redevelopment Agency meeting at 6:17 p.m. A. MOTION by Mr. Jones and SECOND by Mr. McPartlan to approve the minutes of the January 24, 2024 CRA meeting passed with a unanimous voice vote of 5-0. B. Annual Sebastian CRA Report FY 22/23 (Transmittal. Report) The Community Development Director said before them was the annual report in accordance with Florida Statutes and recommended approval. MOTION by Mr. Nunn and SECOND by Vice Chairman Dixon to approve the Annual Sebastian CRA Report for FY 22/23 passed with a unanimous voice vote of 5-0. Regular City Council & CRA Meeting March 20, 2024 Page 3 9. Chairman Dodd adjourned the Community Redevelopment Agency meeting at 6:18 p.m. and reconvened the City Council meeting. All members were present. 10. CONSENT AGENDA A. Approval of Minutes — February 14, 2024 Regular City Council Meeting B. Approval of Minutes — February 28, 2024 Regular City Council Meeting 24.064 C. Annual Sebastian CRA Report FY 22/23 (Transmittal, Report) 24.065 D. Approval of Amendment to the ADS-B Tower Lease Agreement with L31-larris Technologies (Transmittal, Amendment, Lease) 24.066 E. Alcohol Beverage Approval (Transmittal, Application, Receipt) 24.067 F. Alcohol Beverage Approval (Transmittal, Application, Receipt) MOTION by Council Member Nunn and SECOND by Council Member Jones to approve the Consent Agenda passed with a unanimous voice vote of 5-0. 11. COMMITTEE REPORTS & APPOINTMENTS 24.032 A. Natural Resources Board (Transmittal. Application. List, Advertisement) Mayor Dodd said Mr. Bruggen was an outstanding candidate and he nominated him to serve on the board. Council Member Nunn seconded the nomination. There were no further nominations and Mr. Bruggen was appointed to the Natural Resources Board. 12. PUBLIC HEARINGS 24.068 A. First Reading of Proposed Charter Amendment Ordinances No. 0-24-05 and 0- 24-06 Relating to Term Limits and Voting on Council Agenda 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. Regular City Council & CRA Meeting March 20, 2024 Page 4 6:34pm The City Attorney read the titles to Ordinance Nos. 0-24-05 and 0-24-06. Mayor Dodd opened the public hearing at 6:20 p.m. Mayor Dodd cited the following from a revised 2011 Charter Review Committee document: Three Council Members were election in 2023 at the time of the general election in November. Council Members elected in 2023 shall serve until their successors are sworn in after the general election in November, 2026. Three Council Members shall be elected in 2026 and every four years thereafter at the time of the general election in November. He said this added one year to those that were elected in 2023 so they get to 2026 to be in conjunction with the federal election cycle; and then two Council Members shall be elected in 2024 and every four years thereafter at the time of the general election. He proposed that they change the language in the current Charter. Council Member McPartlan asked if it was legal to add an additional year on their terms. Mayor Dodd said it was evaluated by Mr. Ginsburg in 2011 and he determined it was legal noting it was the only way to get to the four year term without off year elections unless they have another off year election in 2025. Council Member McPartlan said he had no problem giving this to the voters. Council Member Jones said when he was on the Charter Review Committee they were trying to do the same thing and found it very difficult to get the overlap in terms to be on a schedule. He noted it costs a lot of money to have an election every year in the City which also prevents continuity; additionally, two years isn't enough time for a new official to understand City operations. Vice Mayor Dixon said she agreed it takes some time to understand how things work but there might not always be people on the dais with the best interest so she wasn't sold on the idea. Council Member Nunn said he was for this; they are giving the citizens the opportunity to decide. Vice Mayor Dixon said after attending many of the Florida League of Cities training conferences, she has found that there are many dysfunctional cities and Sebastian is fortunate to be one of the highest functional Council. She said she would hate to have a bad apple on the dais for four years. Council Member Jones said this should go on the ballot to let the citizens decide and noted that the key is that between the five of them there are ways to handle a bad apple. Mayor Dodd asked the City Attorney if they approved the change, could she work with it aligning the change so there are no "off year" elections. She said she had concerns with affecting terms on the ballot that are not approved by the Charter change yet —making it retroactive for those going on the ballot this fall. Regular City Council & CRA Meeting March 20, 2024 Page 5 6:42pm The City Attorney asked them to make the changes be in effect for next year. She also reminded them that voters are more likely to say "no" to lengthy a referendum questions. Mayor Dodd said the cost of the off year elections is a driving force and he asked her to work out a transition before the next reading. Council McPartlan said the implementation would be in 2025 for three year terms then they would fall into the four year term. Vicki Drumheller said she supported having four year terms but cautioned them that if they add years to the currently seated Council, if someone doesn't like a current Council Member they will vote against the four year term concept even if they are really for it. She said the referendum should be global and the implementation should come after that. She also asked them to think about term limits because having people in federal office for 20/30/40 years is not always the best thing for the public. It was the consensus of Council that they didn't want to have off year elections. Vice Mayor Dixon suggested having the next three seats to be three years terms to reach the even year election. 2024 — 2026 two members (two year term) 2026 — 2030 two members (four year term) 2025 — 2028 three members (special case three year term) 2028 — 2032 three members (four year term) Mayor Dodd said he would not vote for term limits until they are on a four year cycle. It was discussed that if this passes, the Charter Review Committee could consider term limits in 2025. Council Member McPartlan said some communities are having trouble finding people to run and if things are going well maybe term limits aren't necessary. Terry McGinn asked Council not to make the term limits as narrow as they are proposing as there is a 30 year Indian River County official that has contributed beyond his measure to his community. It was the consensus to wait on the topic of term limits to see what the state mandates or what the Charter Review Committee decides. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to reach the four year terms, the following terms would be staggered as such: 2024 — 2026 two members (two year term) 2026 — 2030 two members (four year term) 2025 — 2028 three members (special case three year term) 2028 — 2032 three members (four year term) through Ordinance No. 0-24-05 which will have a second reading on April l0u'. Regular City Council & CRA Meeting March 20, 2024 Page 6 Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - nay Motion carried. 4-1 24.068 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. The City Attorney read the title to Ordinance No. 0-24-06 and Mayor Dodd opened the public hearing at 6:52 p.m. Mayor Dodd said this was cleaning up the issue when they only had three people in attendance and they weren't going to be able to pass anything unless the vote was unanimous. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve Ordinance No. 0-24-06. Council Member Jones said in essence if only three members were present, two members could decide what is to happen. Previously when there were only three members present, it was an anomaly and if it happens again, they do have the ability to Zoom in and vote as long as there is a quorum in the chambers. He said he didn't see the need to change this Charter provision. Council Member McPartlan said he was in agreement with Council Member Jones. Council Member Nunn said the only situation this puts the requirement of three votes in a different light is when they might disagree and if that happens they could always table the item until the next meeting. He said while he did make the motion, he was going to vote against this. Roll call: Council Member McPartlan - nay Council Member Nunn - nay Mayor Dodd - nay Vice Mayor Dixon - nay Council Member Jones - nay Motion failed. 5-0 Regular City Council & CRA Meeting March 20, 2024 Page 7 i[�?�il�! �1�1�y J�1i7:11�91�1�Ic1:��6LT 14. NEW BUSINESS 24.069 A. First Reading of Ordinance No. 0-24-04 — Pronosed Land Development Code Amendment — Article III Amending Sections Relating to Mobile Food Establishment Operating Requirements (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. The City Attorney read the title to Ordinance No. 0-24-04. Mayor Dodd said on page 108, item #4 is the gist of what the ordinance does: (4) Mobile food establishments are permitted on each property a maximum of no more than two three days per calendar week. Council Member Nunn said he was happy with the change because it gives someone the opportunity to work a weekend at a site. Council Member McPartlan asked if the three days mean 72 hours or three business days. Council Member Nunn said that was discussed at the Planning and Zoning meeting where it was clear that the trailer/truck could only be on the property for three days and then must leave the property. The City Manager said Code Enforcement would enforce the provision under the parameter of a complaint from a resident, staff or Code Enforcement being proactive. The Community Development Director advised that they were only changing the one word to stay in compliance with state statute. The City Attorney clarified that there has been some preemption in this regard and the more they changes they make to the ordinance the less likely it is to be upheld. He said it seems that they need something more because if a truck is present Monday, Tuesday, Wednesday then Code Enforcement shows up and they cite the business; they go the next week and Code Enforcement will show up again, then they go to the Special Magistrate, the truck will be there for three months. Council Member Jones said the trailers will be on commercial property so that business owner can enforce the three days. Council Member Nunn said after watching the Planning and Zoning meeting they should be careful in making rules for one business owner problem. Regular City Council & CRA Meeting March 20, 2024 Page 8 Mayor Dodd noted that a mobile food truck on a commercial property that doesn't move should be part of that commercial site plan which can be cited through a stricter mechanism. He stated he is willing to go with the change. Council Member McPartlan asked if Code Enforcement can be proactive. The City Attorney said a Code Enforcement Officer may not initiate an investigation by way of an anonymous complaint but that doesn't keep them from doing their own investigation. Council Member Jones said this isn't about one business; they started this process last February and he made a MOTION that was SECONDED by Council Member Nunn to approve Ordinance No. 0-24-04. 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 24.070 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 Adontion on ADril 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. The City Attorney read the title to Ordinance No. 0-24-07 and Mayor Dodd opened the public hearing at 7:11 p.m. The City Attorney said this ordinance provides for the use of public comment via Zoom only in the case of emergencies, and Council could use Zoom under extenuating circumstances, and it provided for speaker oath cards. In response to Council Member Nunn, the City Attorney said the public could not use Zoom. Terry McGinn asked if this would eliminate his ability to attend meetings via Zoom. The City Attorney said all public comment would excluded via Zoom. Council Member McPartlan said he was torn because Zoom has brought about engaged citizens. Regular City Council & CRA Meeting March 20, 2024 Page 9 MOTION by Council Member Nunn to not approve Ordinance No. 0-24-07. Vice Mayor Dixon stated they wanted to keep the speaker oath cards. Council Member Nunn retracted his motion and made a new MOTION that was SECONDED by Council Member Jones to approve 0-24-07 with items 2 and 3 but removing item 1. The second reading would be held April I Ou'. 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 Mayor Dodd said the agenda indicates the next item is 0-24-08 but the agenda backup is related to 0-24-09. It was determined that the agenda backup for 0-24-08 should begin on page 121 and the backup for 0-24-09 should begin on page 130. A recess was called at 7:22 p.m. and upon return at 7:32 p.m. all Council Members were present. A MOTION was made by Mayor Dodd and SECOND by Council Member Nunn to do an agenda modification to move #14C to #14D and move item #14D to #14C passed with an unanimous voice vote. 24.072 D. Fist Readina and Public Hearin¢ of Ordinance No. 0-24-09 RelatinQ to Codification of Ouasi-Judicial Procedural Matters Relatins to Citizen Advisory Boards: Reouest to Schedule Second Readine 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 The City Attorney read the title to Ordinance No. 0-24-09. The City Attorney said this ordinance was instigating speaker oath cards and the time limits for the hearings. Mayor Dodd asked if there was a lengthy hearing, would they be able to extend the time limit. The City Attorney said there is a provision that it can be modified by the call of the chair. MOTION by Council Member Jones and SECOND by Vice Mayor Dixon to pass Ordinance No. 0-24-09 on first reading. There was no public input. Regular City Council & CRA Meeting March 20, 2024 Page 10 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 24.071 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 Adon_ tion on An_ ril 10. 2024 (Transmittal. R-22-15. Pronosed 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. The City Attorney read the title to Ordinance No. 0-24-08. There were no comments from Council or the public. MOTION by Council Member McPartlan and SECOND by Council Member Jones to pass Ordinance No. 0-24-08 on first reading. 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 24.073 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 Citv Code of Ordinances. Request to Schedule Second Reading for Public Hearing and Adontion on Anril 10. 2024 (Transmittal. Pronosed 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. Regular City Council & CRA Meeting March 20, 2024 Page 11 7:39pm The City Attorney read the title to Ordinance No. 0-24-10. Mayor Dodd asked how the process would work to remove a board member noting as Section (a) reads, the Council Member that appointed the board member could be able to remove the board member. The City Attorney said this ordinance would allow the Council Member that appointed the board member to remove the board member. Mayor Dodd stated the power to remove a board member should come back to the whole Council, not just one Council Member. Council Member Nunn said having the word "nominating" in section (a) confuses the issue. The City Attorney said she could amend the language so the intent would only apply to single appointment to boards and (b) would apply to removal by Council. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to amend the language as suggested by the City Attorney. There was no public input. Council Member Jones added the second reading would be held April 10`s. 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 24.074 F. Resolution R-24-12. Parking In Lieu Agreement for 1660 Indian River Drive, Scuid Lins 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. The City Attorney read the title to Resolution No. R-24-12. Mayor Dodd noted the worksheet indicates a parking space is $5,031 and he asked the City Manager if that comes out to the actual cost. The City Manager advised that the amount did include extra for the stamped paving and explained that if staff did the work it would be considerably greater because the company already has resources mobilized on site. Mayor Dodd asked to bring back the "parking in lieu of resolution" because $3,200 doesn't seem like it's enough for a space. The City Manager advised that staff planned to do that. Regular City Council & CRA Meeting March 20, 2024 Page 12 MOTION by Council Member Nunn and SECOND by Council Member Jones to approve Resolution No. R-24-12. There was no public input. 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 24.051 G. ADDroval of Resolution R-24-13 Authorizing Staff to ADDIv 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 The City Attorney announced that Resolution No. R-24-13 was to authorize staff to apply for a Florida Inland Navigation District Grant for the design of Riverview Park renovations in the amount of $50,000. There was no public input. MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to approve Resolution No. R-24-13. 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 24.075 H. Anuroval of Resolution R-24-14 Authorizing Staff to ADDIv for a Florida Inland Navigation District Grant for the Design and hnDlementation of Shoreline Stabilization at the Main Street Boat RamD and the Area South Referred to as Bench and Swing Park in the Amount of $50,000 (Transmittal, Resolution R-24- 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 The City Attorney announced that Resolution No. R-24-14 was to authorize 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. Regular City Council & CRA Meeting March 20, 2024 Page 13 MOTION by Council Member Jones and SECOND by Council Member Nunn to approve Resolution No. R-24-14. 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 24.076 I. ADDroval 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 Svstem 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 The City Attorney announced that Resolution No. R-24-15 was to authorize 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. There was no public input. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve Resolution No. R-24-15. 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 24.017 J. Annroval of Resolution R-24-16 Authorizing Staff to Am)Iv for a Florida Inland Navigation District Grant for Design and Installation of a Fire Suppression Svstem 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 The City Attorney announced that Resolution No. R-24-16 was to authorize staff to apply for a Florida Inland Navigation District grant for the design and installation of a fire Regular City Council & CPA Meeting March 20, 2024 Page 14 suppression system for the Law Enforcement Dock at the Twin Piers in the amount of $40,000. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve Resolution No. R-24-16. 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 24.077 K. ADDroval of Resolution R-24-17 Authorizing Staff to ADnly for a Florida Inland Navigation District (FIND) — Waterways Assistance Program — Restoration of the Stan Mayfield Working Waterfront Collaborative (Transmittal, Resolution R-24- 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. The City Attorney announced that Resolution No. R-24-17 was to authorize staff to apply for a Florida Inland Navigation District Waterways Assistance Program grant from the Stan Mayfield Working Waterfront Collaborative. There was no public input. 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 24.017 L. ADDroval of Resolution R-24-18 Authorizing Staff to ADnly for a Florida Inland Navigation District (FIND) Waterways Assistance Program Grant in the Amount of un to $125.000 for the Purchase of a Police Patrol Boat and Authorize the City Manager to Execute all ADnronriate Documents (Transmittal, Resolution R-24- 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 The City Attorney announced that Resolution No. R-24-18 was to authorize staff to apply for a Florida Inland Navigation District Waterways Assistance Grant in the amount of up to $125,000 for the purchase of a police patrol boat and authorize the City Manager to Regular City Council & CRA Meeting March 20, 2024 Page 15 execute all appropriate documents. Mayor Dodd noted we haven't had an officer on the water for quite a while and this will make us the primary response force to the inlet. He said purchasing the boat is a great public safety issue. Council Member Jones added that an officer from each shift will be trained to go out on the boat. MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to approve Resolution No. R-24-18. There was no public input. 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 24.051 M. Approval Of CSA #7 for Planning Services to Update the Master Plan Concept for Riverview Park Under an Existing Consultant Services Agreement with Kimlev-Horn and Associates, Inc. (Transmittal, CSA#7) The City Manager said staff was hopeful to receive some grant funding for this proposal to help look at a master plan for Riverview Park. He said Kimley-Horn will take some ideas from the previous Riverview Park plan but staff hopes to build off of a new plan. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve CSA #7 with Kimley-Horn and Associates. There was no public input. Council Member McPartlan said public input will be paramount to this and suggested that sending out post cards will help. He noted this park design will be for the next 100 years. Vice Mayor Dixon said the Communications Director will be a big help with this. Mayor Dodd suggested that Kimley-Horn attend a Chamber of Commerce meeting to attract the citizens or they send out a post card with the meeting times. 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 24.060 N. Anorove Additional Funding and Purchase Order for 2022 Citvwide Swale Improvements in Coniunction with Roadwav Repaving Agreement with Colon Landscaping. Inc. (Transmittal. Estimate. Bid Sheet) Regular City Council & CRA Meeting March 20, 2024 Page 16 The City Manager said this was to improve the swale along Schumann Drive from the canal to Barber Street. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve the purchase order for swale improvements with Colon Landscaping, hic. There was no public input. The City Engineer advised that staff completes the swale work first followed by the road work. 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 24.078 0. ADDroval For Shenandoah SliD Lining at Three Locations Throughout the Citv (Transmittal. Proposals. Agreement) The City Engineer said some of these repairs come through the Citizens Request Hotline and the other through their swale work. She displayed photos of the failed pipes and how they are affecting the road on the overhead and described slip lining process. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve the Shenandoah slip lining of the pipes. 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 24.079 P. Resolution Accenting the 4 h Ouarter Financial Report and Recognizing Necessary Amendments and Adiustments to the FY 2022-2023 Annual Budget (Transmittal. R-24-1 I & Exhibit "A", 0 Ouarter 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 SEPTEM 3ER 30, 2023 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council & CRA Meeting March 20, 2024 Page 17 The Finance Director said this was presented to the Citizens Budget Review Advisory Board on March 4n'. The City Attorney read the title to Resolution No. R-24-11. The Finance Director said the exhibit attached to the resolution includes all of the budget changes made during the 4a' quarter that were approved by Council except the four transfers from the R & R Account to cover some unexpected costs such as air conditioner repairs and fencing at Friendship Park. He said the General Fund is 6.8% above the projections in revenues from last year and the spending from all departments were only 92.6% which is very, very well provided the opportunity to add to the Reserve Balances. The Stormwater Fund came in with higher reserves but cautioned that there is unspent project money that will be reallocated this year. The Airport Fund and Golf Course also came in with higher reserves. The Building Fund was very close with what he projected for them as well. He said that he provides summary pages so they may understand where the City stands; one of the summary pages includes a capital projects report. He reported that most of the prior year projects are almost complete. He said that he also included information on the City's cash money, inter fund loans and reports from the various departments. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve Resolution No. R-24-11 and the 4th Quarter Financial Report. 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 24.080 Q. City Owned Surnlus Pronertv and Workforce Housine (Transmittal) The City Manager said in discussions with Council, staff has had a few meetings on how we can increase the workforce housing supply within the City limits and at this point he would like Council direction. He asked if they would like staff to work with a non-profit directly or issue a RFQ to solicit from the home building community as a whole; or have staff explore the different ways the properties are transferred to home builders; and finally would they like to discuss the 96 properties that are available or have staff make recommendations. Regular City Council & CRA Meeting March 20, 2024 Page 18 Council Member McPartlan said the only way for affordable housing to work is to have a non- profit to do it because they can obtain federal funds. With Habitat for Humanity, it is possible to allow a Sebastian employee, then Sebastian resident, and then an Indian River County resident be eligible for the City's lots. He said they could do a request for qualifications to see if someone can do better than Habitat. Vice Mayor Dixon said this was a great idea and she agreed that the lots should be for Sebastian residents. Mayor Dodd said given what the County recently experienced in trying to build workforce housing, his preference would be to stay with the non -profits and try to work something out with Habitat for Humanity. He said he was willing to throw in all of the surplus lots. Council Member Nunn said when the County went out for builders the prices were crazy and upon the second solicitation for builders, Habitat was the only one that could do it for the price that they did. He also said Habitat has protections for when the home is sold and access to down payment grants. He said he agreed that they should donate the property but he would be concerned using property that was donated for environmental use. The City Manager confirmed the consensus of Council was to work directly with Habitat to form a plan, make sure the City has the properties we need, make sure Habitat was on board with the City's priority levels and bring some lots back to Council for approval. Council Member McPartlan asked that someone come to speak to them about Habitat's grants and low interest loans for home repair. 15. CITY ATTORNEY MATTERS - None 16. CITY MANAGER MATTERS The City Manager announced the Strategic Plan Workshop Training is scheduled for April 2 from 9 a.m. to 11:00 a.m. With regard to the Florida Department of Transportation (FDOT) Road Repaving Project, he said that he appreciated that FDOT did most of the work at night and it is 95% complete; they are currently doing the public parking spaces. He said there is a storm drainage area at the intersection of eastbound CR512 and US 1 in the right hand turn lane that is 4-6 inches below the pavement. He has been advised by FDOT's engineering fine that simply elevating the structure will not satisfactorily solve the matter of flooding which leads to the necessity of redesigning the area and possible reconstruction of the intersection which falls outside of the firm's current contract and budget. The City Manager said he would work with FDOT to move this along. He reminded everyone that the City's social media has greatly improved and he hopes entice more public engagement by giving away Centennial souvenirs. He also said he was working on a newsletter to be released digitally in the coming weeks. Regular City Council & CRA Meeting March 20, 2024 Page 19 17. CITY CLERK MATTERS The City Clerk said it was fun to sell the Centennial merchandise this past weekend and speak to all of the residents. 18. CITY COUNCIL MATTERS A. Council Member Nunn - None B. Vice Mavor Dixon Vice Mayor Dixon thanked the Social Media Coordinator for all of the work she is doing with the social media. She also thanked the Parks and Recreation Department for their work on Creative Playground. C. Council Member Dodd - None D. Council Member McPartlan He said the Social Media Coordinator is doing a great job and he was glad about the newsletter coming out because there is a segment of the population that doesn't do social media or the internet. He said people have been passing him on Barber Street and someone has contacted him about ducks being killed by Easy Street Park. He suggested having a 25 mph speed limit around the parks. Council Member Jones said even if the limit was 30 mph it wouldn't make a difference for those going 60 mph. E. Council Member Jones - None 19. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 8:46 p.m. Approved at the April 10, 2024 Regular City Council meeting. Mayor Ed Dodd = ATTEST. — — .61nette Williams, City Clerk = Displayed by Mayor Dodd for Agenda Item 12A Ifiigirslt. It ■ (Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-03, § 4, 1-27-93) 2.03 Elections and Terms. w ere �20 A. (a) Election of Three (3) Council Members. Three (3) council members Shall a elected inz291 at the time of the general election in November. Council members elected in shall serve until their successors are sworn in after the qeneral election in November. 2944r .14* Three (3) council members shall be elected in-28 and event four vears thereafter at the time of the oeneral election in November. soap (b) Election of Two (2) Council Members. Two (2) council members shall be elected in ao¢y -291 and every four vears thereafter at the time of the aeneral election in November.. apt (c) Term limits. Notwithstandina anv other orovisions of thisvarter. effective with the 2 terms of council members scheduled to commence November-2e#1- no person shall be, elected as a council member for more than two (2) consecutive terms. Neither service as a council member prior to the terms scheduled to commence in November.26i1. nor service of a partial term subseauent to November-46tt shall be considered in aoolvind7he term limitation provision of this section. _11ft" ;200,4 .Po.* Sect ,04. Term Commen, erne t. 1. S arina In. Th terms of wlv elected co cil mem s shall c/eZina when thev are sworn i mmediaf, v prior to the 'rst reaularl scheduled citv�o, uncileld at least seven (7) day follo ' a the aeneral ele 'on. Sec.2.05. Compensation. The mayor, vice -mayor and each of the other council members shall be paid the following amounts on a monthly basis: (1) Mayor. Four hundred fifty dollars ($450); (2) Vice -mayor: Three hundred dollars ($300); and (3) Council members: Three hundred dollars ($300). (Res. No. R-82-22, 9-8-82; Res. No. R-87-04, § VI, 2-4-87; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 1, 1-27-93; Ord. No. 0-99-22, § 1, 11-3-99, election of 3-14-00) Sec. 2.06. Mayor; vice -mayor. (a) Mayor —Selection and term. [A]fter the seating of any newly elected council members at the speeial city council meeting held pursuant to Section 2.04 the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor or in his or her absence, the vice -mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roll of the council members and each council member shall cast an affirmative vote for the council member of their choice. The council member that receives a 6