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07-24-2024 CC Minutes
SEBASTIAN <INi1NNIAl (ELMAIION IM • 1111 SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JULY 24, 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. Deacon Bob Quinnell of St. Elizabeth's Episcopal Church 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 Interim City Attorney Andrew Mai City Clerk Jeanette Williams Finance Director Ken Killgore Special Projects/City Engineer Karen Miller Public Works Director Lee Plourde Community Development Director Alix Bernard Community Development Manager Dorri Bosworth Parks and Recreation Director Richard Blankenship Human Resources Director Cindy Watson Airport Manager Jeff Sabo Police Chief Daniel Acosta Police Capt. Tim Wood 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Council Member Nunn read a proclamation signed by all five members, recognizing Abbagael Sullivan for her interest and participation in Sebastian's City Council meetings over the past few years. Regular City Council Meeting July 24, 2024 Page 2 BriefAnnouncements: Saturday, July 27 — Treasure Coast Waterway Cleanup — Meet at Main Street Boat Ramp — 8am to 12:30pm Friday, August 2 — Sebastian Police Department Back to School Summer Bash — IOam to 2pm — Barber Street Sports Complex Friday, August 9 — Chamber of Commerce Grill Out Night — 5:30pm to 8pm — "Let's Fiesta " Theme August 10 —17 — 2024 Primary Election Early Voting in Council Chambers — 8am to 4pm Vice Mayor Dixon read the upcoming events. 7. PUBLIC INPUT Justin Knott, Committee Member for the Substance Awareness Center of Indian River County requested an ordinance for "Tobacco Free Public Parks and Beaches." It was the consensus of Council to have staff review the possibility of enacting an ordinance. Ron Mather said more people are needed to run for Council. For 27 years he has decided how he wants to dispose of his trash and Council took that right away. 8. CONSENT AGENDA A. Approval of Minutes — July 10, 2024, Strategic Plan Workshop 24.150 B. Approval of Resolution No. R-24-36, Authorizing Staff to Submit a Grant Application to the State of Florida Department of Environmental Protection Recreation Development Assistance Program for up to $50,000.00 in order to Provide for Upgrades to the Bryant Court Park of the City of Sebastian and Authorize the Mayor to Execute Appropriate Documents (Transmittal, R-24-36) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RECREATION DEVELOPMENT ASSISTANCE PROGRAM REQUESTING UP TO $50,000.00 TO UPGRADE BRYANT COURT PARK; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 24.075 C. Approval of Resolution No. R-24-37, Authorizing Staff to Submit a Grant Application to the State of Florida Department of Environmental Protection Recreation Development Assistance Program for upgrades to the City of Sebastian Swing and Bench Park for an Amount up to $50,000.00 and Authorize the Mayor to Execute Appropriate Documents (Transmittal, R-24-37) Regular City Council Meeting July 24, 2024 Page 3 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RECREATION DEVELOPMENT ASSISTANCE PROGRAM REQUESTING UP TO $50,000.00 TO UPGRADE SWING AND BENCH PARK; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 24.151 D. Approve the "Piggyback" Emergency Purchase of One (1) Ford Explorer Marked Patrol Vehicle from Bartow Ford (Transmittal, Approvals, Equipment Worksheets, Decal Quote) 24.152 E. Application for Federal FY 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Transmittal, Letter, Solicitation, Request, Instructions) MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to approve Consent Agenda Items A-E. 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 9. COMMITTEE REPORTS & APPOINTMENTS - None 10. PUBLIC HEARINGS 24.129 A. Ordinance No. 0-24-11— Second Readin¢ and Public Hearine — Reauest for Small Scale Comprehensive Plan Future Land Use Man Amendment — St. Lucie Development Comoration — LDR (Low Densitv Residential, max 5 du/ac) to MDR (Medium Densitv Residential, max 10 du/ac) (Transmittal. 0-24-11. Staff Report. Exhibits. Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF MDR (MEDIUM DENSITY RESIDENTIAL, 10 UNITS PER ACRE) FOR PROPERTY WITH A CURRENT LAND USE DESIGNATION OF LDR (LOW DENSITY RESIDENTIAL, 5 UNITS PER ACRE), FOR LAND CONSISTING OF 20.38 ACRES, MORE OR LESS, LOCATED EAST OF SCHUMANN DRIVE, NORTH & EAST OF DAY DRIVE, AND SOUTH OF DAHL AVENUE, OR SPECIFICALLY LOTS 15 TO 28, BLOCK 583, LOTS 1 TO 28, BLOCK 582, AND LOTS 2 TO 29, BLOCK 581, SEBASTIAN HIGHLANDS UNIT 17; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILTTY; PROVIDING FOR SCRIVENER'S Regular City Council Meeting July 24, 2024 Page 4 ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR AN ADOPTION SCHEDULE. The Interim City Attorney read the title to Ordinance No. 0-24-11 and Mayor Dodd opened the public hearing at 6:17 p.m. The Community Development Director said this was the second reading and the property owner was present for questions. It would amend the land use of the 20.38 acres from low density residential to medium density residential. Staff is in favor of the request because it is compatible with the adjacent property to the north and it will open the property to allow multi -family, diverse housing. Kevin Hawkins, St. Lucie Development, said he has owned the property for 25 years and recently approached the City about what he could do with the property where the topic of workforce, affordable housing came up. He said this led to the multi -family scenario where the price point of new construction could be approximately $100,000 less per house based on the current requirements for building a smaller house. Armond Pasquale said he has seen how increased densities have affected other communities and was concerned about the amount of taxes that will be needed to support the new subdivision. Council discussion followed about the tremendous need for affordable workforce housing right now. MOTION by Council Member McPartlan and SECOND by Council Member Jones to approve Ordinance No. 0-24-11. Mayor Dodd said he met with Mr. Hawkins to discuss his project and noted the medium income level in Indian River County is currently $58,900 which means anyone who makes less than that can't buy a $350,000 home. He also cited a recent article describing how the jobs being created right now are service industry jobs that can't afford a $350,000 home. 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 24.129 B. Ordinance No. 0-24-12 — Second Reading and Ouasi-Judicial Public Hearing — Request for Rezoning — St. Lucie Develonment Corporation — RS-10 (Single - Family Residential. 10.000 SF Parcels to RM-8 (Multi-Familv Residential. maximum 8 du/ac) (Transmittal. 0-24-12. StaffRenort. Exhibits. P&Z Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF RM-8 (RESIDENTIAL MULTI -FAMILY, 8 DU/AC) Regular City Council Meeting July 24, 2024 Page 5 TO LAND WITH A CURRENT ZONING DESIGNATION OF RS-10 (RESIDENTIAL SINGLE-FAMILY) FOR PROPERTY CONSISTING OF 20.38 ACRES, MORE OR LESS, LOCATED EAST OF SCHUMANN DRIVE, NORTH AND EAST OF DAY DRIVE, AND SOUTH OF DAHL AVENUE, OR SPECIFICALLY LOTS 15 TO 28, BLOCK 583, LOTS 1 TO 28, BLOCK 582, AND LOTS 2 TO 29, BLOCK 581, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The Interim City Attorney read the title to Ordinance No. 0-24-12 and Mayor Dodd opened the public hearing at 6:36 p.m. Other than Mayor Dodd's meeting with Mr. Hawkins, there were no further ex parte communications to disclose by the Council Members. The Community Development Manager said this was the accompanying request for zoning; the applicant is requesting up to eight units per acre that will have to follow the minimum lot size for RM-8; it is compatible with the zoning to the north. She noted that if traffic improvements are needed, the developer will have to put those in. Staff recommended approval and asked that the material submitted during the first reading and this reading be entered into the record. There was no one to speak in favor or against the request. MOTION by Council Member Nunn and SECOND by Council Member McPartlan to approve Ordinance No. 0-24-12. Vice Mayor Dixon said she was concerned multi -family housing was being rushed when the City is struggling to add police officers. Council Member Nunn noted this was an opportunity to bring workforce housing here so the officers can live here. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - nay Council Member Jones - aye Motion carried. 4-1 24.143 C. Ordinance No. 0-24-13 — Second Readine and Adoption Hearine — Request for Small Scale Comprehensive Plan Future Land Map Amendment — City of Sebastian — CG (Commercial General) to INST (Institutional) (Transmittal, 0-24-13, Supportive Documents) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF INST (INSTITUTIONAL) FOR LAND WITH A CURRENT LAND USE DESIGNATION CG (COMMERICAL GENERAL) FOR PROPERTY CONSISTING OF 0.06 ACRES, MORE OR LESS, LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3 BLOCK 406, S/H UNIT 7; Regular City Council Meeting July 24, 2024 Page 6 AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR AN ADOPTION SCHEDULE. The Interim City Attorney read the title to Ordinance No. 0-24-13 and Mayor Dodd opened the public hearing at 6:41 p.m. There was no public input. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approve Ordinance No. 0-24-13. 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 24.143 D. Ordinance No. 0-24-14 — Second Reading and Ouasi-Judicial Public Hearing — Reauest for Rezoning— Citv of Sebastian— CG (Commercial General) to PS (Public Service) (Transmittal. 0-24-14. Sutmortine Documents) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF PS (PUBLIC SERVICE) TO LAND WITH A CURRENT ZONING DESIGNATION OF CG (COMMERCIAL GENERAL) FOR PROPERTY CONSISTING OF 0.06 ACRES, MORE OF LESS; LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3, BLOCK 406, S/H UNIT 7; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVERNER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The Interim City Attorney read the title to Ordinance No. 0-24-14 and Mayor Dodd opened the public hearing at 6:44 p.m. There were no ex parte communications to disclose by the Council Members. The Community Development Director said this was the second and final reading for the rezoning of this property from commercial general to public service. There was no public input. MOTION by Council Member Jones and SECOND by Council Member McPartlan to approve Ordinance No. 0-24-14. 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 Regular City Council Meeting July 24, 2024 Page 7 24.143 E. Ordinance No. 0-24-15 — Second Reading and Adontion Hearing — Request for Small Scale Comnrehensive Plan Future Land Man Amendment — Schumann Road Indian River. LLC — INST (Institutional) to CG (Commercial General)_ (Transmittal. 0-24-15. Sunnorting Documents) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF CG (COMMERCIAL GENERAL) FOR LAND WITH A CURRENT LAND USE DESIGNATION OF INST (INSTITUTIONAL) FOR PROPERTY CONSISTING OF 0.07 ACRES, MORE OR LESS; LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3, BLOCK 406, S/H UNIT 7; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. The Interim City Attorney read the title to Ordinance No. 0-24-15 and Mayor Dodd opened the public hearing at 6:46 p.m. The Community Development Director said this was the second request for a comp plan amendment to change the property from institutional to commercial general. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approve Ordinance No. 0-24-15. 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 24.143 F. Ordinance No. 0-24-16 — Second Reading and Ouasi-Judicial Adontion Hearing — Request for Rezoning Schumann Road Indian River, LLC — PS (Public Service) to CG (Commercial General) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF CG (COMMERCIAL GENERAL) TO LAND WITH A CURRENT ZONING DESIGNATION OF PS (PUBLIC SERVICE) FOR PROPERTY CONSISTING OF 0.07 ACRES, MORE OR LESS, LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3, BLOCK 406, S/H UNIT 7, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILTY, PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting July 24, 2024 Page 8 The Interim City Attorney read the title to Ordinance No. 0-24-16 and Mayor Dodd opened the public hearing at 6:48 p.m. There were no ex parte communications to disclose by the Council Members. The Community Development Director said this was the second and final reading for the rezoning request to change the property from public service to commercial general. There was no public input. MOTION by Council Member McPartlan and SECOND by Council Member Jones to approve Ordinance No. 0-24-16. 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 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 24.039 A. Consideration of First Amendment to the Franchise Agreement between the Citv of Sebastian and Waste Management Inc. of Florida (Transmittal, Amendment. Ex. A) The City Manager said this was the first amendment to Waste Management's franchise agreement. There have been some changes in the local market to which Council requested staff to enter into discussions with Waste Management who has provided the proposed changes that will take effect on October 1, 2024. He noted that he provided a document outlining the costs associated with the current agreement as well as the proposed amendment. The monthly rate would reduce to $16.25 per month; there would be no change to the CPI increase until October 2027; and a high school scholarship is now included. Council Member McPartlan said he would like to see the scholarship go towards helping the seniors. The City Manager said if Council would like to see seniors receive the money, it would involve staff establishing parameters and then review the applications. Debbie Perez, Govemmental Affairs Manager for Waste Management said whichever beneficiary they decide, Waste Management would cut a $25,000 check to the City for use as they wish. The Interim City Attorney advised that they could put into the agreement that Waste Management will provide $25,000 for scholarships or "other similar use" that the City determines. The City Manager said he would bring this back to make sure they were all on the same page with the money. Regular City Council Meeting July 24, 2024 Page 9 Jim Sullivan suggested using an existing charitable agency that might already have parameters in place to distribute the money. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve the First Amendment to the Franchise Agreement between the City and Waste Management, Inc. with the change to Section 13.26 that the money shall be used for scholarship or some other financial assistance as decided by City Council at a later date. 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 24.080 B. Discussion on Workforce Housing in Partnershiu with Indian River Countv Habitat for Humanitv on Sumlus Citv Provertv (Transmittal. ADuraisal Information) The City Manager said staff has contacted Habitat for Humanity and identified 96 parcels that might accomplish the goal of what they want to do. He requested direction from Council to proceed with an agreement for the properties they found favorable. The Community Development Director said three properties have been favorably identified by Habitat for Humanity that they would like to begin negotiations with. Trevor Loomis, Chief Executive Officer at Indian River Habitat for Humanity said the they have reviewed the three parcels and determined that they could provide 8-10 houses per parcel. Louise Kautenburg encouraged Council to take positive action on this issue. She noted that right now there isn't a home for sale under $215,000 in Sebastian and if someone was able to purchase the ($215,000) home, their monthly payment would be $1,728 plus insurance and taxes which would bring it over $2,000 a month. She also said there has been talk about quality employment opportunities and noted they will never attract anything other than service industry jobs if affordable housing isn't available for the employees. Companies spend time and money training employees to only find they have to move away when they find they can't afford to live here. She said there are companies all over town that are closed because they can't find employees. The cheapest rental in Sebastian today is $1,800 a month. Mr. Loomis explained the homeownership program builds a home for a family that earns less than 80% of the area medium income. For example, a single person is $45,000.00 and family of four is about $65,000.00; Habitat is the realtor/developer/builder/lender who provides an interest free mortgage payment that is about 25% of the family's monthly income. It takes about two years to build a house and the homebuyer must provide 300 Regular City Council Meeting July 24, 2024 Page 10 hours of sweat equity and a down payment. He said the homes sell for the appraised value and the subsidy is repaid at the time of closing. Council Member Nunn asked that if they chose the Barber Street location, they only put homes on Acorn and Adams Street because the corner on Barber Street would be is rough to enter and exit from a driveway. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to work out an agreement for the three properties identified by staff. It was the consensus of Council that the homes would first be offered to Sebastian employees, other employees of government agencies such as paramedics, then Sebastian residents and then Indian River County residents. It was the consensus of both parties that there won't be any driveways placed on Barber Street. 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 Mayor Dodd called for a recess at 7:34 p.m. and upon return at 7:41 p.m. all members were present. 24.026 C. Adontion of Motion to Set the Pronosed Millage Rate for FY2025 at 3.1955 (Transmittal. PPT. Draft Budget and Capital Imnrovement Plan Available at the Followin¢ Link: httns://www.citvofsebastian.ora/DocumentCenterNiew/2590/FY25-DRAFT-Budget 202�3 Numbered) The City Manager read the PowerPoint presentation on the various funds prepared by the Finance Director. (See attached) Mayor Dodd noted that since the millage rate is the same as last year, the amount of a resident's increase would be based on the increased value of their property. The City Manager explained the cost needed for two additional police officers and expressed concern that he would like to identify the funding next year. The City Manager said staff requests to set the millage rate at 3.1955 for Fiscal Year 2025. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to set the proposed millage at 3.1955 for fiscal year 2025 and direct the City Manager to execute and transmit the required forms. Council Member McPartlan said at the budget workshop the Public Works Director gave a great presentation on doing the 2029 repaving and reconstruction ahead of time to save $880,000.00 on the roads. He suggested that they set the rate at 3.3 mills. Regular City Council Meeting July 24, 2024 Page 11 The Finance Director advised a 12% increase would be needed to generate a millage rate of 3.6 mills to cover the $880,000.00 road repaving. The Finance Director described the possible items that could be funded by the Reserves. To return to the discussion of funding two police officers, Mayor Dodd said he didn't want to fund the officers if the money wasn't going to be spent this budget cycle. The City Manager clarified the options provided were to utilize Reserves to cover any realized deficit for one year with the realization that we need to fully fund the two positions in FY2026 or direct staff to look at other General Fund cuts to allocate funding for these two positions for the realized deficit. It was the consensus of Council go with the fast option. Returning to the discussion of including more road reconstruction. The Public Works Director said they are finding more roads are needing full depth reconstruction. If we wait until 2029 that amount will increase, but if we move some things around to do more preservation work, we would save $880,000.00. The Finance Director advised that because of the many years that the City has gone with a rolled back rate, the state allows us to adopt a maximum millage increase where we could go up to 5 mills with a unanimous vote of Council. Mayor Dodd called the question to set the proposed millage at 3.1955. Roll call: Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - nay Council Member Nunn - aye Motion carried. 4-1 24.079 D. Resolution No. R-24-34 AcceptinE I' Cuarter Financial Reuort and Recoanizina Necessary Amendments and Adiustments to the FY 2023-2024 Annual Budget (Transmittal. R-24-34. ReDort) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING CERTAIN ADJUSTMENTS TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024 AS PROVIDED FOR IN EXHIBIT "A'; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The Finance Director advised that the first and second quarter reports were presented to the Citizens Budget Review Advisory Board last Monday. In the first quarter report he pointed out the change to the R & R account; the City Clerk's budget was high because of the election process. If everything goes well, the Reserves will increase to $8.2M. The Regular City Council Meeting July 24, 2024 Page 12 Golf Course didn't carry forward as much as they anticipated; and he said the rest of the Enterprise Funds were fine. He requested a motion to accept the report. MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to approve Resolution No. R-24-34. 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 24.079 E. Resolution No. R-24-35 Accepting 2Id Ouarter Financial Report and Recognizing Necessary Amendment and Adiustments to FY 2023-2024 Annual Budget (Transmittal, R-24-35, 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, 2023 AND ENDING SEPTEMBER 30, 2024 AS PROVIDED FOR IN EXHIBIT "A'; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The Finance Director said the highlight of the second quarter was the one adjustment for the payout of his unused leave. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approve Resolution No. R-24-35. There was no public input. 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 24.153 F. Award ITB 24-14 to Passage Island Construction, LLLP for Hangar D Office Space Build -Out (Transmittal, Intent to Award, Bid Tab) The Airport Manager said this was staffs third attempt to reach the budget numbers to make the project work. He explained that in an effort to expedite occupancy, the tenant did some of the work himself to the south offices requiring the bid to be revised to cover only the north offices. He said the remaining work to be done in the south offices would be put out to bid in the future. He asked for approval of the award to Passage Island Construction for the north offices. Regular City Council Meeting July 24, 2024 Page 13 MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to award ITB 24-14 to Passage Island Construction for northern Hangar D office space. 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 24.154 G. ADDrove the Purchase of One (1) John Deere 85 P-Tier Mid -Size Excavator at the Price of $171.213.25 as a Cooperative Purchase Under the Florida Sheriffs Association Contract 4FSA23-EOU21.0 from Dobbs Equipment (Transmittal, Contract, Ouote) The Public Works Director advised the current excavator has exceeded its end of life and they are currently renting an excavator at $4,000.00 a month to continue services. He said this was budgeted for FY 2025 but if purchased now, it would be funded by Reserves this year. MOTION by Council Member McPartlan and SECOND by Council Member Jones to approve the purchase of one John Deere Excavator for the Stormwater Division. 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 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS The City Manager advised that in the non -endowed Cemetery Trust Fund, as of the end of FY 2023-2024 the ending balance is $705,768 which is sufficient funds to consider a new building at the Cemetery. He also said that there is an operational budget meeting scheduled for August 21 and he asked if they felt that meeting was still needed. It was the consensus of Council to wait until August 28". 11�41UMKiJ4 1a UVZ1 )�-1MffG L4 16. CITY COUNCIL MATTERS Regular City Council Meeting July 24, 2024 Page 14 A. At Mayor Dodd's request, consensus was given to have the City sponsor the Sebastian River Area Chamber of Commerce's Roaring Twenties Gala in celebration of the City's Centennial on September 14, 2024. Mayor Dodd noted the recent budget workshop was a success and invited the public to view it on the City's YouTube channel. B. Council Member Jones — None C. Council Member McPartlan — None D. For the public's benefit, Council Member Nunn described some of the professions that receive Habitat for Humanity homes. E. Vice Mayor Dixon - None 17. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 8:52 p.m. Approved at the August 28, 2024 Regular City Council meeting. Mayor Ed Dodd ATTEST: W.0-i'Y1A- i6inette Williams, City Clerk t Mayor Ed Dodd Vice Mayor Kelly Dixon Councilman Fred Jones Bob McPartlan Chris Nunn Good evening Mayor Dodd, Vice Mayor Dixon and Councilmen Jones, McPartlan and Nunn. My name is Justin Knott. I thank you for this opportunity to speak to you as a resident of the City of Sebastian for over zo years. I currently sit as a committee member for the Substance Awareness Center of Indian River County and participate in the IRC Executive Committee and, as an advocate for Tobacco Free Florida. It is in this last role that I approach you this evening. In December aoaa, Indian River County officially adopted Ordinance 2022-017 for Tobacco Free Public Parks and Beaches. Currently, no Indian River County Municipalities have adopted this policy. While Tobacco Free signs have been placed in some city parks or beaches, it is currently not enforced and lacks consistency in public settings. A recent study in Broward County revealed a significant increase in self -compliance with appropriate signage. And where signage can be an added expense, we currently have access to funding for Tobacco Free signs through the Bureau of Tobacco Free Florida. This type of signage is important to the health risks tobacco carries in second hand smoke, but even more importantly for the increased liter currently seen in these public spaces. Electronic vape use is at an all time high. Vape packaging requires 3 layers of waste, most of which is used by 12-24 year olds. This waste can quickly add up in our public spaces as teenage users try to hide the habit from parents/guardians. I request that the City of Sebastian adopt an ordinance for Tobacco Free Public Parks and Beaches. Thank you for your time. MODEL FLORIDA TOBACCO -FREE OUTDOOR ORDINANCE In June 2022, Governor DeSantis signed legislation that grants city and county governments the ability to ban smoking at public parks and beaches. This new law could potentially impact Florida's 67 county park systems and more than 400 city park systems. This model ordinance Includes a number of provisions a local government may choose to adopt in order to ban smoking at public parks and beaches and to further advance public health. A city or county planning to adopt this model ordinance, in whole or In part, should review it with Its attorney beforehand to determine suitability. While the model ordinance language can be modified by adding or omitting content concerning activities that a city or county does or does not seek to regulate, doing so may result in an ordinance that does not conform to state law, federal law, and best public health policy practices. Because provisions within this model ordinance are controlled by statute and rule, the city or county attorney should review any modifications to ensure they conform to state and federal law. The Public Health Law Center provides legal technical assistance to help communities that wish to adopt commercial tobacco control ordinances. We encourage communities to contact us for assistance when considering this model language. Notice In order to properly adopt an ordinance, cities and counties in Florida must follow specific processes set out in state statute. Section 125.66 sets out the process for counties; Section 166.041 sets out the process for other municipalities. These statutes include requirements for notice, publication, and form. Tlos for Usino This Model Ordinance The best possible world is one without the death and health harms associated with commercial tobacco use. Communities differ on their readiness and willingness to adopt certain commercial tobacco control policies that are Intended to help make that world a reality. As such, this model ordinance represents a balance between state minimum standards, best public health policy practices, and practicality for local governments in Florida. This model ordinance contains several policy components that go beyond state minimum requirements and communities may or may not choose to adopt at this time While the Public Health Law Center does not lobby, advocate, or directly represent communities, adopting effective commercial tobacco control policies starts early with education, stakeholder and community engagement, and a strong advocacy plan. If a community is unaware of the resources available to them for engaging the community and developing an advocacy plan, or if a city or county is considering adopting an ordinance and is interested in learning about the range of resources available, the Public Health Law Center can provide assistance through our publications and referrals to experts in the field. In certain, limited circumstances, Public Health Law Center staff may be able to speak at public hearings or work sessions to provide education about particular policy options. [Disclaimer] The Public Health Law Center provides information and legal technical assistance on issues related to public health. The Center does not lobby nor does it provide direct legal representation or advice. This document should not be considered legal advice. Section 1. FINDINGS. Section 2. DEFINTIONS. Section 3. PROHIBITION OF TOBACCO USE IN RECREATIONAL AREAS. Section 4. OTHER REQUIRMENTS AND PROHIBITIONS. Section 5. PENALTIES AND ENFORCEMENT. Section 6. STATUTORY CONSTRUCTION & SEVERABILITY. ORDINANCE NO. f AN ORDINANCE OF THE [BOARD OF COUNTY COMMISSIONERS OF COUNTY, FLORIDA / CITY COUNCIL OF . FLORIDA], PROHIBITING SMOKING AND VAPING IN PUBLIC PARKS AND BEACHES WITHIN THE [CITY/COUNTY] SECTION 1. FINDINGS WHEREAS, tobacco use causes death and disease and continues to be an urgent public health threat, as evidenced by the following: • The World Health Organization (WHO) estimates that tobacco kills up to half of its users, amounting to more than 8 million deaths each year worldwide, including nearly half a million people who die prematurely from smoking in the United States alone'; • Tobacco use causes disease in nearly all organ systems and is responsible for an estimated 87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79% of all chronic obstructive pulmonary disease deaths in the United States'; • The estimated economic damage attributable to smoking and exposure to secondhand smoke in the United States Is nearly $300 billion annually'; I U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. AReport of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014. Available at: hups://~.ncbi.nim.nih.gov/books/NBKI79276/pdf/Bookshelf NBK179276.pdf. • Despite significant progress, tobacco use remains the leading cause of preventable death and disease in the United States4, • Specifically, in Florida, 29.4% of cancer related deaths are attributable to smoking.s • Electronic vapor products have been found to contain nicotine, lead, formaldehyde, and thousands of other chemicals. These products damage DNA and harm parts of the brain responsible for learning and mental health.' WHEREAS, secondhand smoke exposure is harmful and widespread, as evidenced by the following: • Children exposed to secondhand tobacco smoke have an increased risk of sudden infant death syndrome, asthma, physical and cognitive developmental abnormalities, and cancer, • The 2006 U.S. Surgeon General's report, "The Health Consequences of Involuntary Exposure to Tobacco Smoke," concluded that there is no safe level of exposure to secondhand smoke; • The World Health Organization in 2007 declared that there is indisputable evidence that implementing 100% smoke -free environments is the only effective way to protect the population from the harmful effects of exposure to secondhand smoke; • In Florida, 59% of children between ages 11 and 17 report being exposed to secondhand smoke from cigarettes or electronic vapor products; WHEREAS, there is emerging evidence that exposure to the aerosol produced by a vapor - generating electronic device may be harmful, as evidenced by the following: • E-cigarettes produce an aerosol that contains at least ten chemicals known to cause cancer, birth defects, or other reproductive harm.' • Bystanders exposed to e-cigarette aerosol can also absorb its nicotine.e • The aerosol is made up of a high concentration of ultrafine particles, and the particle concentration is higher than in conventional tobacco cigarette smoke? • Exposure to fine and ultrafine particles may exacerbate respiratory ailments like asthma, and constrict arteries which could trigger a heart attack.10 ' Id. ° State proportion of cancer deaths attributable to smoking from Lortet-Tleulent, J, et al., "State -Level Cancer Mortality Attributable to Cigarette Smoking In the United States," JAMA Internal Medicine, published online October 24, 2016. ° Tehranl et al., 2021; Williams, et al., 2019; Romberg et al., 201 % Ogunwale et al., 2017; Lawala et al., 2014; National Institute on Drug Abuse, 2020. 7 California Tobacco Control Program, California Department of Public Health. State Health Officer's Report on E-Cigarettes: A Community Health Threat. Sacramento, CA. 2015. Available at: https://www.cdph.w.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%2ODocument%2OLibrary/Pol icy/Electron I c5mokl ngDevices/StateHealthEcig Report. pdf. a Ballbe M, Marfnez-SSnchez JM. Cigarettes vs. E-Clgarettes: Passive Exposure at Home Measured by Means of Airborne Marker and Biomarkers. Environmental Research 2014;135:76-80 (accessed 2015 Jun 21. ' Fuoco, F.C.; Buonanno, G.; Stabile, I Vigo, P., "Influential parameters on particle concentration and size distribution In the mainstream of e-cigarettes," Environmental Pollution 184: 523-529, January 2014. "Grana, R; Benowitz, N; Glantz, S. "Background Paper on E-cigarettes," Center for Tobacco Control Research and Education, University of California, San Francisco and WHO Collaborating Center on Tobacco Control. December 2013. WHEREAS, tobacco waste is a major, consequential, and persistent source of litter, as evidenced by the following: • The roughly 6.3 trillion cigarettes smoked globally each year result in 300 billion packs that produce almost 2 million tons of wastepaper, cellophane, foil, and glue as well as trillions of butts littered across roadways, sidewalks, parks, and other green spaces"^3 • Both tobacco industry and peer -reviewed research found that most smokers admit littering their cigarette butts19,53,54 for example, one study found 74.1% of smokers admitted littering cigarette butts at least once in their life and 55.7°/, admitted to littering them in the past month14; • In an observational study of nearly 10,000 individuals, 65% of smokers disposed of their cigarette butts as litter1 ; • Cigarette butts are perennially the most common form of litter collected during cleanup programs worldwide. For example, in 2018, cigarette butts made up nearly 16% of all litter collected through cleanup programs in the U.S. (809,538 out of 5,106,515 Items) • Cigarette butts are often cast onto sidewalks and streets, and frequently end up in storm drains that Flow into streams, rivers, bays, lagoons, and ultimately the ocean"; • As of August 2019, the U.S. Environmental Protection Agency recognizes niootine- containing electronic smoking devices as acute hazardous waste when disposed properly"; WHEREAS, cigarette butts, smokeless tobacco, and electronic smoking devices pose a health threat of poisoning to young children, as evidenced by the following: • In 2018, American poison control centers logged nearly 13,000 cases involving exposure to cigarettes, cigarette butts, electronic smoking devices, or other tobacco products, and of these, more than 10,000 (79.0%) occurred In children aged 5 years and younger18; " Novotny TE, Lum K, Smith E, Wang V, Barons R. Cigarettes Butts and the Case for an Environmental Policy on Hazard- ous Cigarette Waste. Intl Environ Res Public Health. 2009;6(5):1691-1705. do]: 10.3390/IJerph6051691. " Novotny TE, Agulnaga Bialous S, Butt L, at al. The environmental and health impacts of tobacco agriculture, cigarette manufacture and consumption. Bull World Health Organ. 2015;93(12):877-880. doi: 10.2471/BLT.15.152744. " Smith EA, Novotny TE. Whose Butt Is It? Tobacco Industry Research About Smokers and Cigarette Butt Waste. Tob Control. 2011;20(Suppl 1):12.9. dol: 10.1136/tc.2010.040105. " Rath JM, Rubenstein R a, Curry LE, Shank SE, Cartwright JC. Cigarette liner: Smokers' attitudes and behaviors. Intl Environ Res Public Health. 2012;9(6):2189-203. dol:10.3390/Ijerph9062189. " Id. "Novotny TE, Lum K, Smith E. Wang V, Berens R. Cigarettes Butts and the Case for an Environmental Policy on Hazard- ous Cigarette Waste. InrJ Environ Res Public Health. 2009;6(5):1691-1705. do!: 10.3390/ijerph6051691 "Resource Conservation and Recovery Act; EPA Management Standards for Hazardous Waste Pharmaceuticals and Amend- ment to the P075 Listing for Nicotine, 84 Fed_ Rao_ 6 9916 (August 21, 2019) (to be codified at 40 C.F.R. pt. 266(p)). "Gummin DD, Mowry1B, Spyker DA, at al. 2018 Annual Report of the American Association of Poison Control Centers' National Poison Data System (NPDS): 36th Annual Report. Clin Toxicol. 2019;57(12):1220- 1413. dot: 10. 1080/15563650.2019.1677022. Among the 10,266 cases of nicotine and tobacco product exposure recorded in 2018 among children 5 years of age and younger by American poison control centers, 50.3% Involved cigarettes, 18.4% involved electronic smoking devices, and 8.0% involved other tobacco products1B; The annual number of electronic cigarette exposure cases among children less than 5 years of age reported to American poison control centers increased from 10 in 2010 to 1,835 in 2018, a 14,015% increase$0; and Children who ingest tobacco products can experience vomiting, nausea, lethargy, and gagging, with e-liquids potentially posing a greater risk of toxicity or fatality through either ingestion or transdennal absorption'; WHEREAS, Florida cities and counties have the legal authority to adopt local laws that prohibit smoking in public parks and beaches. NOW THEREFORE, in order to provide for the public health, safety, and welfare, reduce unwanted and unwelcome exposure to secondhand smoke, assure cleaner and more hygienic parks and beaches for [county/city] its residents and visitors, it is the intent of the [County Board of Supervisors/City Council] , in enacting this ordinance, to prohibit smoking In parks and beaches which are used by or open to the public and to prohibit smoking waste in those areas thereby affirming and promoting a healthy environment in [county/city]. Sec. I_ ('2) ]. DEFINITIONS. The following words and phrases, whenever used in this [ article / chapter ] shall have the meanings defined in this section unless the context clearly requires otherwise: (a) CBeach" means the publicly owned zone of unconsolidated material that extends landward from the mean low-water line to the place where there is marked change in material or physlographic form, or to the line of permanent vegetation, usually the effective limit of storm waves/ "Beach" includes a shore of a body of water covered by sand, gravel, or larger rock fragments. (b) "Electronic Smoking Device" means an electronic device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, a -cigar, a -pipe, vape pen, or e-hookah. ---- Commented [PHLCI I: This somewhat technical definition Is drawn from state law (from the sections regarding "coastal zone protection"). See FSA section 761.54. (c) "Park" means all public property specifically designated as being used for outdoor Commented WHLc21: This defini8on is largery drown recreational or park purposes and where children regularly congregate." Outdoor recreational or from state law. park purposes" includes, but is not limited to, boating, golfing, camping, swimming, horseback }0 Wang 8, Liu S, Peroskle A. Poisoning Exposure Cases Involving E-Cigarettes and E-Uquld in the United States, 2010- 201 S. Clin Toxicol. 2020;58(6):488.494. dot: 10.1080/15563650.2019. " Chang IT, Rostron SL. Electronic Nicotine Delivery System (ENDS) Liquid Nicotine Exposure in Young Children Present- Ing to US Emergency Departments, 201 S. Inj Epidemiol. 2019;6:43. dol: 10.1186/s40621.019-0219.6. riding, and archaeological, scenic, or scientific sites and applies only to land which is open to the general public. (d) "Smoking" means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, filtered cigars, pipe tobacco, and any other lighted tobacco product whether natural or synthetic. "Smoking" also means using an electronic smoking device or any other plant product intended for inhalation. Including hookah and marijuana. For the purposes of this policy only, smoking does not include the use of unfiltered cigars (pursuant to Florida Statute 386.209). (a) "Tobacco Product" means:) (1) any product containing, made, or derived from tobacco, nicotine or nicotine analogues that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; (2) any electronic smoking device as defined in this [article/chapter] and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or (3) any component, part, accessory, of (1) or (2), whether or not any of these contains tobacco or nicotine, Including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, and pipes. "Tobacco Product" does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. (f) "Tobacco Product Waste" means any material that is left over and regularly intended to be discarded after the use or consumption of a tobacco product. Tobacco Product Waste includes, but is not limited to, discarded cigarette butt filters, cigar or cigarillo tips, cigarette packs, cigar or cigarillo wrappers, electronic smoking devices of all types, electronic smoking device cartridges or refill containers, plastic packaging, foil, or other disposable tobacco product remnants or tobacco product packaging in any form. (g) "Vaping" means the inhaling, exhaling, or holding of an activated electronic smoking device. Sec. [ _ (•3) ]. PROHIBITION OF TOBACCO USE IN RECREATIONAL AREAS. (a) Smoking and the use of all other tobacco products is prohibited in all parks and beaches within [County/City]. Unfiltered cigars are exempted under 386.209, Florida Statutes. Sec. [ _ ('4) ]. OTHER REQUIREMENTS AND PROHIBITIONS. (a) No person shall dispose of tobacco product waste in any park or beach. Commented tPHLC31: This definrdon is Intended to accompany the suggested provision below, prohibiting tobacco product waste on parks and beaches. If a Jurisdiction chooses not to include the tobacco product waste provision, this definition may be eliminated. (b) [The County/City manager or their designee] shall post at least one dear, conspicuous and unambiguous "No Smoking or Vaping" sign at each point of ingress to the area, and in at least one other conspicuous location where individuals congregate (such as restrooms, playgrounds, or buildings) within each recreational area. For purposes of this section, the [County/City Manager or their designee] shall be responsible for the posting of signs in regulated facilities owned or leased in whole or in part by the [County/City]. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this ordinance. Sec. [_ (•5) ]. COMPLIANCE AND ENFORCEMENT. The success of this policy depends on the consideration and cooperation of both tobacco -users and non -users. Individuals acting in violation of this policy will be reminded and asked to comply. Individuals who violate this policy may be asked to leave the park or beach. Enforcement and fines for violation of this section shall be in accordance with ordinance #XXX.' Sec. [ _ (•6 ]. STATUTORY CONSTRUCTION & SEVERABILITY. If any section, subsection or provision of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections or provisions of this ordinance or its application to any other person or circumstance. [The Board of County Commissioners/City Council] hereby declares that it would have adopted each section, subsection or provision hereof independently, irrespective of the fact that any one or more other sections, subsections or provisions hereof be declared invalid or unenforceable. EFFECTIVE DATE This policy shall take effect on 'TIPS FOR EQUITABLE ENFORCMENT Clear and accessible Oignage is a key to a successful enforcement strategy. Posting signs throughout parks and beaches will serve as a reminder to visitors, and a deterrent. Additionally, Criminal penalties as punishment for violation of this ordinance are strongly discouraged. Limiting law enforcement involvement with enforcement may be an equity measure for communities that are historically overpoliced. Lastly, if there are any fine structures or community service penalties in place, those accused of violating the ordinance should have Due Process rights and communities may consider a graduated enforcement scheme where fines are minimal (Le warning first, removal from park or beach second, minimal fine Imposed as a last resort). Commented [DRD4]: This Is guidance provided by PHLC and is Intended to be Included as guidance, not pan of the actual ordinance language, much like the rios for Usino This Model Ordinance" language on page t. F; 1EBAIiIAN CITY OF SEBASTIAN SPEAKER CARD AND AFFIDAVIT (Please Print- ` Asterisk Denotes Required) *NAME: ''r r I{ b (U (-A V lei L f `STREET ADDRESS: 73 3 W) v 4 s x b W 79, 'CITY S F b. 'STATE r L 4 'ZIP CONTACT PHONE: 72 L CITY RESIDENT: YES NO CITY BUSINESS OWNER: YES / NO CITY PROPERTY OWNER: YES / NO AGENDA ITEM NO: # 'J� ORGANIZATION REPRESENTING: N D SUBJECT: 1 r Z©N LXPJ) AFFIDAVIT: I am aware of the rules of this proceeding and I swear or affirm, under penalty of perjury, that all statements andinformationthat I provide in this matter will be truthful. *Signature: Proceeding Speaker Rules: - Complete card prior to introduction to item - Hand the completed card to City Clerk/Secretary - Speaker will have 5 minutes to address the subject - Additional time may be extended if speaking for an organization or applicant - Speakers will be called upon by the Mayor or Chair RESIDENTIAL SOLID WASTE FUND PROJECTED BALANCES - FISCAL YEARS 2025-2030 RESIDENTIAL SOLID WASTE FUND PROJECTED BALANCES based on Amendment FISCAL YEARS 2025-2027 CustomerCharges Franchise Fee at 6% Total Billed by County 98% Collection Rate 3.6% Discounts for Early Payments 2.0% Fee by Tax Collector Net Collections Investment Income TOTAL REVENUES Payment to Waste Management TOTAL EXPENDITURES BEGINNING FUND BALANCE TOTAL REVENUES TOTAL EXPENDITURES ENDING FUND BALANCE FY 24- 25 FY 25- 26 FY 26- 27 $ 2,504,190 $ 2,504,190 $ 2,504,190 150,251 150,251 150,251 FY24-25 thru FY26-27 2,654,441 2,654,441 2,654,441 Monthly Rate $16.25 (53,089) (53,089) (53,089) Monthly Franchise $0.98 (90,151) (90,151) (90,151) Monthly Total $17.23 (50,224) (50,224) (50,224) Annual Rate $195.00 2,460,978 2,460,978 2,460,978 Annual Franchise $11.70 200 200 200 AnnualTotal $206.70 2,461,178 2,461,178 2,461,178 2,504,190 2,504,190 2,504,190 $ 2,504,190 $ 2,504,190 $ 2,504,190 $ - $ (43,012) $ (86,025) 2,461,178 2,461,178 2,461,178 (2,504,190) (2,504,190) (2,504,190) $ (43,012) $ (86,025) $ (129,037) RESIDENTIAL SOLID WASTE FUND PRO.]FCTFn BALANCES - FISCAL YEARS 2025-2030 FY24-25 Monthly Rate $20.03 Monthly Franchise $1.20 Monthly Total $21.23 Annual Rate $240.36 Annual Franchise $14.40 Annual Total $254.76 Customer Charges Franchise Fee at 6% Total Billed by County 98% Collection Rate 3.6% Discounts for Early Payments 2.0% Fee by Tax Collector Net Collections Investment Income TOTAL REVENUES Payment to Waste Management TOTAL EXPENDITURES BEGINNING FUND BALANCE TOTAL REVENUES TOTAL EXPENDITURES ENDING FUND BALANCE RESIDENTIAL SOLID WASTE FUND P ROJ ECTED BALANCES FISCAL YEARS 2025-2030 FY 24- 25 FY 25- 26 FY 26- 27 FY 27- 28 FY 28- 29 FY 29- 30 $ 3,087,217 $ 3,179,834 $ 3,275,229 $ 3,373,486 $ 3,474,691 $ 3,578,932 185,233 190,790 196,514 202,409 208,481 214,736 3,272,450 3,370,624 3,471,743 3,575,895 3,683,172 3,793,668 (65,449) (67,413) (69,435) (71,518) (73,664) (75,873) (111,140) (114,474) (117,908) (121,445) (125,089) (128,842) (61,917) (63,775) (65,688) (67,659) (69,688) (71,779) 3,033,944 3,124,962 3,218,712 3,315,273 3,414,731 3,517,174 200 200 200 200 200 200 3,034,144 3,125,162 3,218,912 3,315,473 3,414,931 3,517,374 3,087,217 3,179,834 3,275,229 3,373,486 3,474,691 3,578,932 $ 3,087,217 $ 3,179,834 $ 3,275,229 $ 3,373,486 $ 3,474,691 $ 3,578,932 $ - $ (53,073) $ (107,745) $ (164,062) $ (222,075) $ (281,835) 3,034,144 3,125,162 3,218,912 3,315,473 3,414,931 3,517,374 (3,087,217) (3,179,834) (3,275,229) (3,373,486) (3,474,691) (3,578,932) $ (53,073) $ (107,745) $ (164,062) $ (222,075) $ (281,835) $ (343,393) NOTE: The 98% Collection rate is the based on historical data and mayvaryfrom year-to-year. The 3.6% Discount for Early Payments is based on the historyof collections of the Stormwater Fees and mayvaryfrom year-to-year. With onlya 3% Franchise Fee, the Fund would run a deficit the first year of at least $143,837 per year. Also, it should be noted that no provision is being made for administrative assistance by City personnel. Future years assume a 3% increase in collection fees just as an estimate. 2025 Budget and Capital Program Presentation on Draft 2025 Budget City Council Budget Review Wednesday July 24, 2024 Prepared By: Ken Killgore Administrative Services Director/CFO 1 2025 Budget and Capital Program o Summary of General Fund Budget o Enterprise and Other Funds o Capital Improvement Program o Property Values and Millage o Other Considerations. z S Draft FY2025 Gene Versus Amended ral Fund Budget FY2024 Budget Operating ExpenditureS2 (604,728) Capital Items and ProJects3 $ 560,1987 3,11% Budget Increase 1 8.2% Due to Pay and New Positions. 2 2.1% Increase. 3 Due to Several Items Transferred to Project Funds for Better Tracking. 1084 001 Personnel Costs' 811714 3 Draft FY2025 General Fund Budget Personnel Up $1,084,001 o Health Insurance Premiums Projected to Be Up by 12°o But Not Finalized. o Changing to HSA from a HRA Account. o Includes 5% Pay Increases. oAdding Four Full-time Positions. (One of Those Is a Part-time Position Being Changed to Full-time). Draft FY2025 General Fund Budget Personnel Additions/Deletions o Four Full-time Additions: Audio Visual Technician from Part -Time 2 Maintenance Workers in Parks 1 Recreation Coordinator in Parks 5 Draft FY2025 General Fund Budget Operating Up $81,714 Only a 2.1% Increase Overall. Almost Every Department Had Only a Small Increase. Several Departments Even Went Down. C: Draft FY2025 Enterprise Funds: Golf Course o Draft is Showing a $134,405. Revenue Shortfall of Revenues Are Projected Conservatively. $100,000 is Shown as a Repayment to General Fund. o Same $30,000 for Restaurant Lease. o Airport Rent From $106,864 to $107,239. o $36,991 Principal and Interest on $700,000 Building Fund Loan. Draft FY2025 Enterprise Funds: Airport o Property Rental Revenue Expected to Increase With Rental of Hangar D. o Loans From Discretionary Sales Tax Fund: Hangar A $285,000 —Balance $235,111 By 9/30/24. Hangar B $267,511 — Balance $210J11 By 9/30/24. o Grant Matching From DST Fund: In 2025, $197,520 For %the Construction of Taxiway Golf and $45,000 For Design of the Terminal Apron Expansion. Over the Following Five Years, $810,520 for the Matching on %z of Taxiway Golf, Construction of the Taxiway Golf Apron Taxiway Bravo Rehabilitation and Construction of Terminal Apron Expansion. Draft FY2025 Enterprise Funds: Building o Permit Revenue Continues at High Levels And Above Budget. o One Less Permit Technician is Budgeted. o Expecting $36,991 Principal and Interest Payment on Golf Course Loans: $700,000 Loan Will Be $488,708 By 9/30/24. $559,684 Loan To Be Paid After the $700,000. 9 Draft FY2025 Special Revenue Funds o American Rescue Plan Act Fund (ARPA): Originally Allocated to Gardenia Ditch, Schumann Drive, Concha Dam, Employee Retention Payments and Road Work. Must Be Obligated by December 31, 2024 and Totally Spent by December 31. 2026. Improvement Projects Need Plans and Permitting Which Require Some Time. Have Switched Most of the Initial Projects to Increased Cost of Road Work. 10 Draft FY2025 Special Revenue Funds o Local Option Gas Tax: Projecting Collections at 3.5% Annual Increases for Future Years. Being Used for All Road Preservation and Associated Swale Work as Scheduled in Current Paving Management Program. 11 Draft FY2025 Special Revenue Funds o Discretionary Sales Tax: Projecting Collections at 3.5% Annual Increases for Future Years. Being Used for Road Reconstruction and Associated Swale Work as Scheduled in Current Paving Management Program. Also Funding: MIS Infrastructure, Police Vehicles/Equipment, A/C Replacements, Riverview Park Improvements, Major Construction Vehicles/Equipment and Matching Funds for FAA and FDOT Grants. IrJ I Draft FY2025 Special Revenue Funds: o Riverfront CRA Fund: Operating Expenditures: oAudit Fees, Administration., Working Waterfront Improvements, Other Facility Maintenance, Submerged Land Leases, Consulting Fees, Travel and Education Cost, Legal Ads,, State Fee, Association Dues and Landfill Fee on Fisherman's Landing. oLandscaping Will be Handled In -House Special Events Moved to General Fund. Working Waterfront Work Thru FY 26-27. Central Avenue Catalyst Site in FY 27-28.,, Draft FY2025 Special Revenue Funds: o Recreation Impact Fee Fund: Unspecified Improvements ($5K per Zone). Future Playground/Park Improvements: 024-25 Bryant Court Park. 025-26 Hardee Park and Schumann Park. 026-27 Community Center and Friendship Park. 027-28 Riverview Park. Projected 2025 Fund Balance is $102,376 Provided Revenue Estimates Hold True. 14 Draft FY2025 Special Revenue Funds: oStormwater Utility Fund: Personnel and Operating Accounts Are Exceeding the Revenue From Fees. Adding 5 Full -Time Maintenance Workers. Capital Includes: oA New Crew Vehicle. oSliplinning or Pipe Replacement. Expecting a Rate Increase in FY 24-25. 15 Draft FY2025 Special Revenue Funds: o Law Enforcement Forfeiture Fund: Used Only for Unbudgeted Items. Specific Items Need City Council Approval. Current Balance is $47,185. o Parking In Lieu Of Fund: Used for Providing Additional Parking. Current Balance is $116,514. 16 Draft FY2025 Trust Fund Cemetery Trust Fund: Y2of Sales on Operations and Maintenance: oReplacing Mowers, a Truck and Trailer. oAdding 2ndWell. oReimbursing $150,000 to General Fund. Y2of Sales Expendable on Expansions or Cost Incidental to Adding Future Sites: oFunds Columbarium Niches in FY 26-270 17 Capital Improvement Program o $42.9 Million Over 6 Years. o $11.1 Million Next Fiscal Year. o $6.2 Million Next Year Will Be Funded by Grants, Which is 55.9%. o Largest Items for Next Fiscal Year: $ 3,110,,000 Street Work. 1,000,000 Improve Riverview Park. 1,,220,000 Stonecrop Drainage. $ 51,330,000 Total of Largest Items 0.6 Property Values and Millage: Certified Taxable Values o Total Certified Taxable Property Values Increased $214,576,057 or 10.29% Above 2024. Additions Account for $59,143,508 or 2.84% of the Increase. Reassessments Were $155,432,549 or 7.45% of the Increase. o Rolled -Back is 2.9859. Used 3.1955 (Which is Last Year's Millage) for Draft Budget. o To Use Rolled -Back Millage Would Require Using $462,686 of Reserves. 19 Property Values and Millage: Taxable Value Additions Dollar Value of Tax Roll Additions: 2024 59,1431508 2018 15,9981366 2023 84,8171696 2017 35/951/704 2022 47/981/095 2016 25,763,700 2021 32/716/715 2015 25/492/245 2020 331F6851698 2014 19/914/805 2019 23/351/814 2013 91435,090 W1 Different Millage & Affecting Factors ($4621686 Shortfall Without 3.1955) Millage Percent vs. Rolled -Back Property Tax Revenues $ Incremental Difference Incremental Revenues DR-420 Last Year 3.1955 673951718 Factors Affectinq Added Revenues: Rolled -Back 2.9859 0.00% $635911283 $ 195,565 $ 195,565 Same As Last Year 3.1955 7.02% $7)0531969 $ 462,686 $ 658,251 From Additions $ 169,533 $ 181,433 From Reassessments $ 445,542 $ 476,817 From Millage Change $ (419,509) $ 0 Incremental Revenues $ 195,565 $ 658,251 Budget Shortfall $ 462,686 $ 0 Pal Property Values and Millage: Prior Year Versus Rolled -Back or Same Rate 3% On Homestead: 3.1955 2.9859 3.1955 10% On Others: 3.1955 2.9859 3.1955 ASSESSED VALUES $350,000 $360,500 $360,500 $350,000 $385,000 $385,000 TAXABLE VALUES $300,000 $310,500 $310,500 $350,000 $385,000 $385,000 TAXES $959 $927 $992 $1,118 $17150 $1,230 CHANGE FROM ROLL -BACK ($32) $33 $112 ASSESSED VALUES $400,000 $412,000 $412,000 $400,000 $440,000 $440,000 TAXABLE VALUES $350,000 $362,000 $362,000 $400,000 $440,000 $440,000 TAXES $1,118 $1,081 $1,157 $1,278 $1,314 $1,406 CHANGE FROM ROLL -BACK ($37) $39 $36 $128 ASSESSED VALUES $450,000 $463,500 $463,500 $450,000 $495,000 $495,000 TAXABLE VALUES $400,000 $413,500 $413,500 $450,000 $495,000 $495,000 TAXES $1,278 $1,235 $1,321 $1,438 $1,478 $1,582 CHANGE FROM ROLL -BACK ($43) $43 $40 $144 22 Millage Setting 19 Year History At or Below Rolled -Back 11 Years - 57.9% of the Time 4.0000 3.8000 3.6000 3.4000 3.2000 ).0000 �MINMIM 2.6000 1 1 ■ 1 .4000 2.2000 2007 2008 Z009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 O Rolled -Back 3.0519 3.2121 3.3646 3.8038 3.9019, 3.7311 1 3.5646 3.7398 3.5446 3.6290 3.6700 3.4939' 3.1514 2.9399 2.8090 3.0043 2.6834 2.6275' 2.9859 11 Final ;3.0519 2.9917 3.3456 3.3456 3.30413.3041 3.7166 3.7166 3.8556 3.8556 3.8000 3.4000 3.1514 2.9399 3.1514 3.0043 2.905013.1955 3.1955 23 Other Considerations o Group Insurance, Property and Liability Costs Not Yet Settled. o Solid Waste Fund direction was to utilize Reserves to cover deficit. o Prices Continue to Increase But How Long Will Current Economic Levels Continue? o Setting Proposed Millage for the Trim Notices at 3.1955 Will Be Advertised as an 7.02% Tax Increase. o Exceeding the Proposed Millage Is Expensive and Delays Budget Adoption. 24 Conclusion o Staff Request You Recommend To City Council That The Proposed Millage For Fiscal Year 2023 Be Set At 3.19556 o This Should Be Done With a Motion to Adopt the Proposed Millage At 3.19550 25 SEBASTIAN CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: July 24, 2024 Aeenda Item Title: Adoption of Motion to Set the Proposed Millage for FY2025 at 3.1955. Recommendation: Adopt Motion to Set the Proposed Millage at 3.1955 for FY2025 and Direct the City Manager to Execute and Transmit the Required Forms. BACKGROUND: Pursuant to F.S. 200.065 (b), each taxing authority must advise the Property Appraiser of its proposed millage and when the public hearing will be held to consider the proposed millage and the tentative budget. This is published on the tax notice mailed to the taxpayers in August. Adopting a final millage above the proposed rate requires the City to incur the cost of sending additional notices to every taxpayer by first-class mail. Next year's rolled -back rate is 2.9859 versus the present millage of 3.1955. With approval of 3.1955 as the proposed millage, this will be advertised during the "Trim Process" as a 7.02% tax increase. The Draft General Fund Budget assumes a 3.1955 millage is necessary to balance to the amount of General Fund expenditures for the upcoming year. The 3.1955 rate would add S462,686 more in revenue than the 2.9859 rolled -back rate. Staff feels that the 3.1955 millage will best serve the public in funding expenditures and preserving cash reserves for the coming year and over future years. IF AGENDA ITEM REOUIRES EXPENDTTURE OF FUNDS: Total Cost: N/A Amount of Appropriation Required: None ATTACBMENTS: • Power Point Presentation on Staff Recommendation • Draft Budget and Capital Improvement Plan — Available at the following link: https://www.citvofsebastian.org/Dor,umentCenterNiew/2590[FY25-DRAFT-Budget 20240703 Numbered Finance Department Review: City Attorney Procurement Division City Manager Authorization: Date: 1 ? d �-4 if applicable: