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HomeMy WebLinkAbout12-11-2024 CC AgendaN( l,* SEBASTIAN CENTENNIAL CELEBRATION 1924.1024 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, DECEMBER 11, 2024 - 6:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. BriefAnnouncements: Friday, December 13 - Chamber of Commerce Finally Friday on Cleveland St - 5: 30pm to 9pm Saturday, December 14 - Wreaths Across America at Veterans Memorial in Riverview Park - Noon Saturday and Sunday, December 14 and 15 - Craft Club of Sebastian at Riverview Park - IOam to 3pm Tuesday and Wednesday, December 24 and 25 - City Hall Closed for Christmas Holiday Saturday, December 28 - Craft Club of Sebastian at Riverview Park -10 am to 3pm 6. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 5-20 A. Consider Approval of November 4, 2024 City Council Minutes Staff Report November 4, 2024 City Council Minutes B. Consider Approval of November 20, 2024 City Council Minutes Staff Report November 20, 2024 City Council Minutes C. Consideration of a purchase order for Terry Taylor's Deland Nissan, Inc. in the amount of $31,959.00 to purchase a Nissan Frontier pickup truck for the Building Department and authorize the City Manager to execute the appropriate documentation Staff Report Procurement Justification Terry Taylors Deland Nissan Quote D. Consideration of a purchase order for Coleman Fire Protection, LLC in the amount of $36,500.00 to install a new dryline at the Working Waterfront and authorize the City Manager to execute the appropriate documentation. Staff Report Extraordinary Procurement Certificate Coleman Fire Protection Quote R&B Fire Sprinkler No Bid E. Consideration of Resolution No. R-24-70 authorizing Staff to submit a Land and Water Conservation Grant for the design and construction of Main Street /Hardee Boat Ramp improvements and authorize the City Manager to execute the appropriate documents. Staff Report Resolution No. R-24-70 8. COMMITTEE REPORTS & APPOINTMENT City committee reports and Council Member regional committee reports. No public input or action except City committee member nominations and appointments under this heading. A. Citizens Budget Review Advisory Board Staff Report Applications.pdf Member List Vacancy Announcement.pdf 9. PUBLIC HEARINGS 10. UNFINISHED BUSINESS 2 11. NEW BUSINESS A. First Reading on Ordinance 0-24-21 - Amending the City of Sebastian Code of Ordinances, Section 2-33(h)(B) — Additional Meeting Procedures Adopted; Procedures for Public Input; Scheduling a Second Reading/Public Hearing for Final Adoption on January 8, 2025. Staff Report Nov. 20 Minutes Excerpt Proposed Ordinance 0-24-21 Business Impact Estimate - Public Input Time Limit B. Consideration of purchase orders for MWI Corporation not to exceed $80,000.00 to provide repair services for submersible pumps for the Stormwater Division and authorize the City Manager to execute the appropriate documentation Staff Report Extraordinary Procurement Certificate MWI Corporation Quote C. Consideration of Amendment Two to the Agreement between the City of Sebastian and Conlon Landscaping, Inc. to amend the scope, increase the unit price, and authorize the City Manager to execute all appropriate documentation. Staff Report ITB 23-15 Amendment 2 12. CITY ATTORNEY MATTERS 13. CITY MANAGER MATTERS 14. CITY CLERK MATTERS 15. CITY COUNCIL MATTERS Council Member Dodd Vice Mayor Jones Mayor McPartlan Council Member Nunn Council Member Dixon ADJOURN (All meetings shall adjourn by 9:30 pm unless extended for up to one half hour by a majority vote of City Council). NO STENOGRAPHIC RECORD BYA CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S.286.0105 IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY ADA COORDINATOR AT 388-8226 — ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS INADVANCE OF THIS MEETING 3 Regular City Council Meetings Public input is ALLOWED under the headings: • Consent Agenda • Public Hearings • Unfinished Business • New Business • Public Input Public input is NOT ALLOWED under the headings: • Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards) • Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments) • City Council Matters • Charter Officer Matters • Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4 CITY OF SEBASTIAN SEBASTIAN ENTEMAL CELEBRATION 1914 -1014 CITY COUNCIL STAFF REPORT DATE December 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk SUBJECT Draft November 4, 2024 City Council Minutes EXECUTIVE SUMMARY Draft minutes of the November 4, 2024 City Council Meeting are presented for review. RECOMMENDATION Request changes if necessary. Consider approval of minutes. ATTACHMENTS: 1. November 4, 2024 City Council Minutes FUNDING SOURCE: Expenditure required N/A Amount Budgeted: I Funding source 5 SEBASTIAN <I14iFNN1A1 (MIRATION -- Htl • 10t1 SEBASTIAN CITY COUNCIL & BOARD OF ADJUSTMENT MINUTES MONDAY, NOVEMBER 4, 2024 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Dodd called the Regular City Council meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Vice Mayor Dixon 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 Nunn Staff Present: City Manager Brian Benton City Attorney Jennifer Cockcroft City Clerk Jeanette Williams Community Development Director Alix Bernard Community Development Manager Dorn Bosworth City Engineer/Special Projects Director Karen Miller Parks and Recreation Director Richard Blankenship Contracts/Procurement Manager Jessica Graham Public Works Director Lee Plourde Human Resources Director Cindy Watson MIS Manager Barbara Brooke -Reese Police Lt. Rob Vafiades 5. AGENDA MODIFICATIONS Mayor Dodd asked for any agenda modifications. He explained that the representative from Congressman Bill Posey's office was caught in traffic so the flag presentation will be delayed a few minutes until he arrived. Regular City Council & BOA Minutes November 4, 2024 Page 2 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Vice Mayor Dixon announced the upcoming events. 21 ` Annual Sebastian Clambake in Riverview Park Friday, November 8 — 3pm to 9pm Saturday, November 9 — I I am to 9pm Sunday, November 10 — 11 am to 5pm Monday, November 1 l — Veterans Day Ceremony at Veterans Memorial in Riverview Park — 11 am Saturday, November 16 — Sebastian River Art Club Show in Riverview Park — 1 Dam to 3pm Friday, November 23 — Chamber of Commerce Finally Friday on Cleveland Street — 6pm to 9pm 7. PUBLIC INPUT Arnold Ring of 207 Cedar Street came forward because he and his wife, Mimi, wanted to express their appreciation for how well the City had responded to his concerns about water approaching his home as a result of Hurricane Milton. City staff were prompt in coming to check on the nearby catch basin which enabled the water in his swale to quickly recede. 8. BOARD OF ADJUSTMENT MEETING Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment meeting at 6:09 p.m. A. Approve Draft August 28, 2024 Board of Adjustment Minutes B. Approve Draft September 11, 2024 Board of Adjustment Minutes MOTION by Vice Mayor Dixon and SECOND by Council Member Nunn to approve the August 28, 2024 and September 11, 2024 Board of Adjustment Minutes passed with a unanimous voice vote of 5-0. 24.167 C. Atmeal of an Administrative Determination Reaardinu a Denial of a Land Clearine Permit for 33.23 Acres for Sebastian Overlook Subdivision/Sebastian Hiuhlands Unit 17 — Hawkins Proiect 1. LLC. Annellant Mayor Dodd opened the quasi-judicial hearing and reminded citizens to fill out a speaker oath card if they wanted to speak on this matter. The City Attorney explained this is an appeal of an administrative denial which is allowed pursuant to the Land Development Code §54-1-2.2(d) and §54-1-2.5(d)(1). She noted that the appeal request was received within 10 days of the initial denial. 7 Regular City Council & BOA Minutes November 4, 2024 Page 3 Mayor Dodd asked if there were any ex parte communications that needed to be disclosed by Council Members. Mayor Dodd reported that he was contacted by Rebecca Miller's assistant to try to set up a phone call, but they were not able to do that. The City Attorney clarified that there was not any communication, so technically there was not an ex parte communication for the Mayor to disclose. Jon Bills, the President of DDC Management (DDC), explained that his company is the manager and developer of the Hawkins Project 1 and he is making this appeal for a land clearing permit. He expressed concerned that, as a corporate entity, DDC/Hawkins Project 1 is not considered to be a stakeholder in the community, but they are trying to build something that will be great for Sebastian. Hawkins Project 1 bought the Sebastian Highlands Unit 17 property three and a half years ago, they are paying taxes on the property, and they anticipate employing residents of Sebastian to assist with maintenance of the property. Mr. Bills pointed out that since Sebastian was incorporated the surveying tools and the engineering knowledge of water management, flooding and drainage, have been completely revolutionized. The federal government, the state, and the water municipality have put into place measures to manage the development of communities, including the grading and proper drainage of water from the properties. Since the City has approved new subdivisions in the last three years that were not hampered by single -lot clearing, he hopes they will consider allowing Hawkins Project 1 to do the same. In the Developer's Agreement, Hawkins Project I has given up 10 lots that could have had houses built on them in order to build a stormwater pond. This also improves the aesthetics of the community. They also had to make adjustments to their grading and the amount of fill dirt they will have to bring in to make water flows and drains properly. Mr. Bills explained that Hawkins Project I is making this appeal to clear the lots so that they can grade them and apply fill dirt all at once, not as each house is being built. This will enable them to make sure there is good water drainage throughout the whole subdivision at the least cost to the developer. If they are not able to grade all of the subdivision at once, there is a risk of stagnant water collecting which will bring complaints and mosquitos. By doing all of the grading at once they would be limiting the disturbance to neighbors and the traffic problems that might be created by bringing in up to 6,000 dump trucks of fill dirt. The idea of doing the grading lot by lot is in hope of preserving trees, but Mr. Bills said when you put a lot of fill dirt onto a lot with existing trees it will bury the root system of the existing trees and kill them. Hawkins Project 1 will provide 7 new trees for each lot according to the Code requirements and that will be a total of 693 trees providing canopy coverage. They will be able to place the trees so that they will not cause problems with the homes or infrastructure. The Community Development Manager directed Council's attention to the copy of the denial on page 24 and clarified that the denial was based on a total of nine items that had not been adequately addressed by the developer and which are outlined there. She explained that Staff took several factors into consideration, the first being the uniqueness of this property in that it had already a plat established by a previous owner, Regular City Council & BOA Minutes November 4, 2024 Page 4 General Development Corporation (GDC), from 1972. There are 109 tax parcel IDs and 109 addresses already in place. Assuming that the property requirements were grandfathered in based on the original platting, it made this an ideal property for a developer since all that was left to do was put in roads and utilities. The roads would be public and the developer will not be responsible for road maintenance, and the property already had canals put in and approved drainage permits from St. John's River Water Management District. When the St. John's River Water Management District drainage permits were reviewed by the City, it was found that they were based on only 30% of the individual lots being developed, but current zoning allows for 55% of the lots to be developed and this is why the stormwater pond was added to the plans for the subdivision. Back in 1995 when a previous developer was planning to develop to the 55% capacity, the St. John's River Water Management District had concerns about stormwater drainage and that catch basins would be too full. After realizing that the stormwater pond needed to be added to the plans, Staff had proposed to the Developer, Hawkins Project 1, that they replat the subdivision. It would make it easier to establish the stormwater easements for the retention pond and delineate who would be responsible for things. The Developer asked if they decided to replat, would they have to meet current subdivision Codes. The City Attorney said that if the Developer decided to replat they would be required to meet the current subdivision Codes. By staying with the original plat, the Developer would not have to come up with a formal landscape plan. They also did not have to supply the required recreational acreage which is 4 acres for every thousand persons, so one acre of recreation for this subdivision. Also, a requirement of keeping 25% of native trees would apply to them. The Developer chose to stay grandfathered in and use the old GDC plat and permits. As a result, Staff communicated to the Developer that this project would be viewed as 109 individual lots and clear cutting would not be allowed. The Community Development Manager said essentially, the Developer would like the benefits of being an "old" subdivision but also wants the benefits of being a "new" subdivision where they would have the right to clear cut all 33 acres. Since they have chosen to stay with the original plat, by obtaining the permits for the individual lots they will still be able to clear each lot, but a survey would be required to identify the trees on the lot and they will be required to replace any specimen trees they remove with 12-foot trees, rather than 8-foot trees. The Community Development Manager noted there is a misconception that the Developer will be limited to building one lot at a time. She explained that as soon as the Developer gets the road to a level of stabilization and has utilities and fire hydrants in place, they can submit for building permits and land clearing permits. For instance, up to 15 permits can be obtained and then 15 homes can be built at the same time. The Community Development Manager also pointed out a discrepancy between the amount of fill dirt that Mr. Bills believes will be necessary and what is actually required by the approved drainage plans. There might be half a foot of fill dirt that is needed, not a full 3 F61 Regular City Council & BOA Minutes November 4, 2024 Page 5 feet as described by Mr. Bills. There will also be fill dirt available on site from the creation of the retention pond and that is fill dirt that will not have to be trucked in. Council Member Nunn asked if this is a planned unit development (PUD). The Community Development Manager said it is considered to be RS-10 straight zoning. Council Member Nunn noted that the example Mr. Bills gave in his presentation where he had been able to clear cut was a planned development, and there is a distinction. The Community Development Manager confirmed that to be a planned unit development it would have needed a change in zoning and it would have required re -platting. Mayor Dodd summarized that what was asked of the Developer if they had chosen to replat and become a new subdivision was specifically (1) the landscape plan, (2) a dedication of land to be used as a park, and (3) the requirement of 25% native trees. These are all Code requirements that cannot be waived. The Mayor specifically asked why the Developer decided to stay with the original plat and avoid those requirements since they do not seem to be particularly onerous. Mr. Bills stated that they chose this path because they thought it would take an additional two years to build if they made the change. The Community Development Manager said since a lot of the background work has already been done, she did not think it would be an additional two years before they could build. The City Attorney reminded Council to get back to the specific request at hand which is to grant or deny the appeal. Mayor Dodd asked for public input in favor of the appeal, and there was none. He then asked for public input in opposition. William Mosley of 118 Day Drive reminded Council to consider the wildlife. Clearing the lots one at a time gives the animals a chance to find new homes in nearby wooded land. He also pointed out that Day Drive is not a standard road and it narrow. It is only 19 feet wide, not the standard 22 feet. Mr. Mosley says he is very happy with the laws of Sebastian and that the City is maintaining standards for building homes. The laws have served the City very well and they should be kept. Robert Votaw of 582 Breakwater Terrace and also the Manager of the Spirit of Sebastian project spoke next. He reminded Council that he was also involved with the final phases of the Collier Club project, which was a PUD, and that it was developed one lot at a time and they did not clear cut. The Spirit of Sebastian project has been totally different because it was considered to be land recovery since the property had been a sand mine and clear cutting was not needed. He thinks that clearing the individual lots is the best way to do it when you have roads in place already. It is what the Code requires and it is what he expects the City to abide by. Mayor Dodd gave the Developer the chance to respond to the public input. Mr. Bills explained that his calculations for fill dirt were based on a program called Ag Tech. These were estimates of fill dirt that will still be needed after using the dirt from the retention pond. He clarified that the City requires him to drain all of the water towards the roads and this will require extra fill to build up the back of the lots to get the water to 10 Regular City Council & BOA Minutes November 4, 2024 Page 6 naturally drain to the front. He expressed concern that doing each lot individually will result in a lot of complaints from nearby residents since there will be wear and tear from running trucks over brand new roads. He really believes it is in the best interest of the City and the residents to try to get the project completed all at once. He has no problem with providing better trees as required by the Code when native specimen trees are removed. He said he is not trying to avoid any responsibilities, but thinks this is the best way to get the job done. Council Member Nunn asked how long Mr. Bills has been involved with the project. Mr. Bills stated that he has been involved for the three years that his company has owned the property. He is based in the corporate office in Ohio, but they also have an office in Orlando and that team has interacted with the City as well. The Community Development Manager reiterated that the Developer is not limited to building homes one lot at a time. It would be unfortunate if all 33 acres were all cleared at once and then to not have the houses built due to economic changes. Council Member Nunn recalls a discussion about making this project a PUD a few years ago, and if that decision was made then, this project might have been completed by now. He is against clear cutting this and does not see that as in the best interests of the City. There have been instances of developments being clear cut and 10 years later they are still not developed. He also mentioned that General Development did not do what was best for the City and many of there homes were not well built, particularly with regard to stormwater issues. He would have liked to have seen the Developer make this their own development rather than relaying on the plans from General Development. Vice Mayor Dixon agreed and is against clear cutting because of how it impacts neighboring residents and the animals. Council Member Jones said he did not hear what would be done with the trees that were cleared. Would they be brought to a nursery or would they just grind them up or burn them up? He expressed his opposition to clear cutting and he supports Staff in their decision. Council Member McPartlan said he appreciated the comments of Mr. Votaw and commended the Community Development Manager for her phenomenal work for the City. If the Developer wanted to clear cut, then they should re -plat. MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to deny the appeal. 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 Mayor Dodd adjourned the Board of Adjustment meeting and reconvened the City Council meeting at 7:06 p.m. 11 Regular City Council & BOA Minutes November 4, 2024 Page 7 9. CITY COUNCIL MEETING PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS (Continued) 24.001 A. Presentation of the U.S. Flaa Flown Over the United States Capitol to Celebrate the Citv of Sebastian's Centennial by Coneressman Bill Posey's Office David Jackson, the Director of Community Relations for Congressman Bill Posey's Office, congratulated Sebastian on its Centennial. He presented the City with a flag that was flown over the U.S. Capitol on July 1, 2024 at the request of the Honorable Bill Posey to celebrate Sebastian's Centennial. A brief recess was called at 7:09 p.m. The Council returned at 7:14. All members were present. 10. CONSENT AGENDA A. Approval of Minutes - September 25, 2024 City Council Meeting B. Approval of Minutes - October 16, 2024 City Council Meeting 24.211 C. Approval of a Purchase Order for $60,930.60 for Garber Chevrolet Buick GMC, Inc. to Provide a GMC Sierra 3500HD 4X4 Diesel Crew Cab Truck for Public Works 24.155 D. Approval of a Purchase Order for Aquatic Vegetation Control, Inc. for $52,000 to Provide Ground Application Services 24.016 E. Approval of an Addendum to CSA #1 with CoastalWide, LLC for the Expansion of the Submerged Land Lease at the Twin Piers 24.012 F. Approval of a Purchase Order for Shenandoah General Construction, LLC for $22,738.68 to Complete Investigation and Slip Lining Repairs of Failed Culvert Piping at 1037 Blossom Drive 24.017 G. Approval of Resolution No R-24-69 Accepting the Florida Inland Navigational District (FIND) Grant for a Law Enforcement Patrol Vessel and Authorize the City Manager to Execute all Appropriate Documents 24.213 H. Approval of Resolution No. R-24-71 — Subdivision Final Plat — Spirit of Sebastian PUD Pod 113-1 — 34 Lots MOTION by Vice Mayor Dixon and SECOND by Council Member McPartlan to approve Items I OA through H. 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 12 Regular City Council & BOA Minutes November 4, 2024 Page 8 11. COMMITTEE REPORTS & APPOINTMENTS — None. 12. PUBLIC HEARINGS — None. 13. UNFINISHED BUSINESS 24.167 A. Avvroval of Ordinance No. 0-24-18 Rescinding Ordinance No. 0-97-42 Vacatina Public Roads in a Portion of Sebastian Hiahlands Unit 17 Second Readina and Adovtion Hearina The City Attorney read Ordinance No. 0-24-18. Mayor Dodd reminded Council that this is a contractual obligation of the City. The Developer's Agreement agreed to by the City required the rescinding of Ordinance No. 0-97-42. The Community Development Director stated this is the second reading of Ordinance No. 0-24-18. The first reading took place on October 16, 2024. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approve Ordinance No. 0-24-18. Mayor Dodd asked for public input and there was none. 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 24.018 B. Presentation and Discussion on Strategic Plan Final Development of Mission. Vision. Values and Goals The City Manager informed Council that they had advanced far enough into the strategic planning process that he and members of Staff are now working directly with the consultants, and he gave them an update on the progress that has been made. The consultants, Dr. Richard Levey and Dr. Joe Saviak were available via Zoom if Council had questions for them as well. Upon approval from Council on the mission, vision, values and goals, he will begin to work with the City department heads to establish goals and objectives for each department that are in alignment with the mission, vision, values, and goals of the City and its residents. The City Manager reviewed feedback that has been sent from residents. Several things were being repeated within the mission, vision, values and goals, so they tried to find a consensus on where each item would best fit. In terms of the mission statement, they have put together one succinct sentence that captures the mission statement. We then expand a little more on the mission with our vision, goals, and objections. RECOMMENDED MISSION: The City of Sebastian strives to enhance the quality of life through excellence in public services. iK3 Regular City Council & BOA Minutes November 4, 2024 Page 9 Vice Mayor Dixon said she felt the City Manager had nailed the mission statement. Council Member McPartlan agreed with it being succinct. Council Member Nunn liked that it was simple and yet emphasizes the mission of the City. Mayor Dodd expressed concern over the meaning of the words "excellence in public service" since it cannot be defined, but he knows that it will be made clear through the goals and objectives. RECOMMENDED VISION: To be known as the most desirable city in Florida to live, work, and play due to our hometown vibe, coastal charm, promotion of the waterfront, and protection of the Indian River Lagoon. Mayor Dixon welcomed public feedback and none was given at this time. Council Member Jones said those items fit together well, especially promotion of the waterfront and protection of the Indian River Lagoon. It really sets the tone of being a small fishing village where people live, work, and play. Council Member Nunn pointed out that some may contest whether Sebastian is the most desirable city in Florida, but it is how we feel about it. Council Member McPartlan said his only problem is that his 5t' grade English teacher, Sister Maria, would have beat his hand and called it a run on sentence. The City Manager agreed they did try to capture a lot within that vision statement. Council Member McPartlan said it needs to be that long and it is fine. Mayor Dodd assured the City Manager he had a consensus so far and to go ahead. RECOMMENDED VALUES: • Honesty and Transparency • Ethics and Professionalism • Innovation • Protection of Our Natural Resources Council Member Nunn said he would like to see Protection of Our Natural Resources listed above Innovation. Vice Mayor Dixon agreed with that change. They discuss among themselves how the word Innovation is sometimes a term that is feared or not understood, even though it is often a needed change. They agree to leave it in as a value, but prefer to have it listed below Protection of Our Natural Resources. To provide some clarification, they decide together to change it to Innovative Initiatives and make it the last value listed. RECOMMENDED GOALS: • Enhancing Quality of Life • Improving Organizational Efficiency • Preserving Our Hometown Feel and Coastal Charm • Supporting Smart and Sustainable Growth • Ensuring a High Level of Public Safety • Maintaining Fiscal Responsibility 14 Regular City Council & BOA Minutes November 4, 2024 Page 10 • Encouraging Economic Development The City Manager explained the goals will be the driving force of how we continue to advance the strategic plan. When our department heads establish their goals and objectives, we want them to align with the direction from Council and our City residents. Everything going into our budget going forward is going to have to align with our goals. He expressed concern over certain items in our budget that are needed but that do not specifically align with the proposed goals. He proposed solving that discrepancy by adding a goal of Maintaining Fiscal Responsibility. Mayor Dodd commented that fiscal responsibility crosses all departments. He also commented that growth does not mean growing the City's footprint, but it can mean growing the City in the way that is does business in a smart and sustainable fashion. The City Manager explained that this will be more understandable for the public once they have specific department goals listed that fall underneath that category. Council Member Nunn stated that he thinks the public has a belief that the City just grows with no planning being done even though there is a comprehensive plan and documents that help with growth and planning. He hopes the strategic plan will help people understand how the City is in support of smart and sustainable growth. There was a consensus from Council in support of the Recommended Goals. The City Manager addressed Dr. Levey and Dr. Saviak via Zoom and asked if they had anything to add. Dr. Levey congratulated Council on the work they have done so far and the consensus they have built. He said he thought they have a very solid approach and he looks forward to getting into the next level of the plan. Mayor Dodd asked the City Manager about a schedule on when the next phase of the strategic plan will be ready. The City Manager said they are prepared to work on this immediately and it will be discussed with department heads at their meeting tomorrow morning. He will begin meeting with each department head to facilitate the process of writing goals and objectives specific to each department. With the Holidays coming up, it will probably be after the first of the New Year before he will come back to Council with an update on the strategic plan. 14. NEW BUSINESS 24.214 A. Annroval of a Purchase Order for $219.083.00 from Dobbs Eauinment to Provide a John Deere 612M 4x4 Tractor and Boom Mower for the Stormwater Division The Public Works Director explained that a John Deere tractor was needed because the current boom mower tractor is nearing the end of its useful life. This type of tractor is used to clear excess brush on the side of roadways and near canals and ditches. He also noted that with the purchase of this tractor they are under budget by about $16,000. 15 Regular City Council & BOA Minutes November 4, 2024 Page 11 Council Member Jones said he knows this is something that is needed and it is a great tool to deal with the Brazilian pepper trees and brush on the side of the roadways. Council Member Nunn commended the Public Works Director and his team for doing an amazing job at keeping the canals and ditches clear to prevent stormwater problems. He wants them to have the appropriate and necessary tools to keep up the good work. MOTION by Council Member Nunn and SECOND by Council Member McPartlan to approve the purchase of the John Deere tractor from Dobbs Equipment. Mayor Dodd asked for public input and there was none. 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 24.049 B. Ordinance No. 0-24-19 — Proposed Amendment of Citv Code Chanter 2 Concernine Procurement of Goods and Services First Readins and Providinp- for Adoption upon Second Reading The City Attorney read the title of Ordinance No. 0-24-19. The City Manager explained Ordinance No. 0-24-19 is coming before Council because the Code concerning procurement had not been updated since 2006 and this amendment will help the City to become more efficient and improve the procurement process. The checks and balances will still be there. The City Manager assured Council that he reviews budgets of the different departments frequently and that will not change. The Contracts and Procurement Manager reviewed that the current Code section on procurement outlines purchasing thresholds and exemptions to those thresholds, noting it does not outline procurement methods, the "cone of silence" and consequences of not adhering to this policy, protest procedures for competitive solicitations, and tie bid procedures. Ordinance No. 0-24-19 will address all of these issues as well as update the procurement thresholds. It provides an outline for which methods the Procurement Division should use, including invitations to bid, requests for proposal, requests for qualifications, and even an invitation to negotiate. Ordinance No. 0-24-19 will standardize the City's methods for procuring goods and services and also provide important guidance to vendors on meeting our standards for procurement. The Contracts and Procurement Manager also explained that having a low threshold of $750 is holding Staff back from addressing problems right away. Lowering the threshold helps Staff to be more responsive and get the equipment or repairs that they need in a timely manner. One quote or an invoice will now be sufficient for procurement of goods or services under $2,500 and no purchase order will be required. All of these purchases will still be reviewed by the Procurement Division. Dollar thresholds between $2,500.01 to $25,000.00 will now require 3 or more quotes and a purchase order. 16 Regular City Council & BOA Minutes November 4, 2024 Page 12 Dollar thresholds above $25,000.01 to $75,000.00 will now require 3 quotes, a purchase order, and Council approval. Dollar thresholds over $75,000.01 will now require a formal bid, a purchase order, and Council approval. Anytime that the Procurement Division issues a bid, Council will be notified at the next Council meeting. This will also notify Council when a "cone of silence" is applicable. The City Manager also clarified that while this does change the threshold, it does not change the City's formal bid process which is extensive and takes months. The formal bid process includes preparing a scope of work that must then be reviewed by the different relevant departments, the Finance Department, and the Legal Department, and it generally takes two to three months. These changes in thresholds are also consistent with what has been seen at other municipalities of comparable size across the state of Florida. The Procurement Division's vision is to change the threshold amounts in order to streamline the purchase order process. Their mission is to lower the number of low dollar purchase orders. The value created will be a savings of 201 hours of work processing purchase orders. Mayor Dodd expressed agreement with these changes as long as there is a proper review being done by the Procurement Division. The Contracts and Procurement Manager confirmed that checks are in place to maintain accountability. Mayor Dodd asked if employees would be using their own credit cards to purchase lower threshold items. He does not want employees to have to use their own accounts to handle City business. The Contracts and Procurement Manager clarified that department heads have their own City -owned Visa accounts that could be used in these instances. The City Manager detailed that every department head has the authority to issue a purchasing card to employees within their department. Most of those cards are capped at $750, but the City has additional cards with larger limits available to department heads as needed. Mayor Dodd would like for Council to be notified about all outstanding purchase orders on a regular basis so they are aware of the need to maintain the "cone of silence." Mayor Dodd asked for public input and there was none. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve the first reading of Ordinance No. 0-24-19 and set the second reading for November 20, 2024. 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 17 Regular City Council & BOA Minutes November 4, 2024 Page 13 24.215 C. First Reading for Ordinance No. 0-24-20 — Making Text Amendments to Chanter 74 of the Code of Ordinances. Parks and Recreation. and Setting the Date for the Second Reading. Hearing and Adobtion The City Attorney read the title of Ordinance No. 0-24-20. The Parks and Recreation Director explained that these changes were needed so that the City ordinance would reflect recent changes made at the state level. With regard to E-bikes and E-scooters, changes have already been made for the signage at the parks and an educational series has been presented on social media to bring awareness to residents that they are prohibited from using bicycles, E-Bikes, and E-Scooters within parks unless they are on a designated road or path within the park. The change in Florida state law regarding balloons is more complex in that it prohibits balloons based on what is filling the balloon, such gases that are lighter than air like helium. Staff recommended making a more simple, general prohibition against the use of balloons in parks and open spaces in order to protect wildlife and the estuary. Regarding the prohibitions against tobacco use, staff recommended the addition of electronic smoking devices to clarify that these devices are also prohibited within Sebastian parks. Mayor Dodd asked why unfiltered cigars are exempt, and not restricted, within the Ordinance. The Parks and Recreation Director commented that it is because they apparently have a good lobby and Florida law allows for them to be exempt. Council Member Jones asked how the City would be enforcing the changes made to this Ordinance. The Parks and Recreation Director said with regard to rules and regulations it is better to have the language in the ordinance to be enforced when you need it than to not have it at all. Mayor Dodd asked for public input and there was none. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve the first reading of Ordinance No. 0-24-20 and to set a second reading for November 20, 2024 passed with a unanimous voice vote of 5-0. 15. CITY ATTORNEY MATTERS The City Attorney told Council there used to be a powerful lobby that made it possible for seatbelt requirements to be unenforceable and people used to be able to avoid wearing a seatbelt as long as they were in the front seat of a pickup truck. She informed Council that she had provided material for them to read on public participation. Mayor Dodd asked when she might be able to give them a few minutes to address the ordinance that covers Council meeting procedures and whether changes need to be made. She planned to ask for more direction for ordinance or codification changes on November 20, 2024. 18 Regular City Council & BOA Minutes November 4, 2024 Page 14 16. CITY MANAGER MATTERS The City Manager praised Staff for their work after the Hurricane Milton. The Public Works Director did a great job handling the contractors for the hurricane debris removal, pushing them to pick up the debris, get it mulched, and get it out of here. The City Engineer has been working on the reimbursement process with FEMA. In the past, the City had collected the debris and took it to a debris management site. It would get recorded with a third -party emergency management group and then dumped at a debris management site. The hauler would come in to mulch it, measure it in cubic yards, and load it up to take to a final disposal site. The City was notified by the County that they were not accepting mulch material at the landfill, so we had to locate another entity to dump our debris. As a result, the City's final debris disposal site will not be the Indian River County Landfill. The City received approval from the Florida Department of Emergency Management to use Sebastian River Farms as a final disposal site. After the last major storm, Sebastian had 3,600 cubic yards of debris. After Hurricane Milton, just taking into account just vegetation, we were closer to 14,000 cubic yards. There was a reduction of about 85% in the debris through the mulching process. Mayor Dodd congratulated the Public Works Director and Staff because he knew of residents who were very pleased with how the City handled the pickup of construction debris for them. 17. CITY CLERK MATTERS The City Clerk reminded residents to vote at their precinct tomorrow, November 5, 2024, not at City Hall. You can find your precinct by going to VoteIndianRiver.gov. If you fill in your address, the site will tell you which precinct to go to. The City Manager noted that this is the first election since the City put in place an ordinance regarding political signs on City Hall property. He did have a staff member from the Police Department check on signs after polling hours around 5:00 p.m. - not immediately after the voting time ended at 4:00 p.m. — to pick up any signs that were left out. Statutorily, we cannot prohibit residents from having the signs out during the polling hours of early voting, but we did enforce the ordinance during the non -polling hours, after 4:00 p.m. He said we had fewer complaints this year about signs, so he felt this was a success. He encouraged Council to have a discussion, perhaps after the New Year, on whether they were satisfied with how early voting went this year and if any changes need to be made going forward. Mayor Dodd asked if there had been some statutory changes relating to how close candidates could be to polling places and engaging in political activity on voting days. The City Attorney said there were not specific changes on that issue made this year, but the relevant statutes were reviewed around the time of the primary in regard to limiting signs on voting days. 19 Regular City Council & BOA Minutes November 4, 2024 Page 15 18. CITY COUNCIL MATTERS A. Council Member Nunn thanked Council for addressing the sign issues since that was a frustration he had experienced in the last election. In the past few weeks, he has been through some difficult personal and family changes. He would encourage people with houses and children to consider creating a trust for their families since wills do not necessarily provide adequate protection in all situations. B. Vice Mayor Dixon encouraged residents to be sure they vote if they have not done so already. C. Mayor Dodd — None. D. Council Member Jones also reminded everyone to go out and exercise their Constitutional right to vote. E. Council Member McPartlan said he was encouraged to see that 63% of the County have already voted. He thinks it may reach 85% and that is amazing. 19. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 8:11 p.m. Approved at the December 11, 2024 Regular City Council meeting. Mayor Bob McPartlan ATTEST.• Jeanette Williams, City Clerk 20 CITY OF SEBASTIAN SEBASTIAN ENTEMAL CELEBRATION 1914 -1014 CITY COUNCIL STAFF REPORT DATE December 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk SUBJECT Draft November 20, 2024 City Council Minutes EXECUTIVE SUMMARY Draft minutes of the November 20, 2024 City Council Meeting are presented for review. RECOMMENDATION Request changes if necessary. Consider approval of minutes. ATTACHMENTS: 1. November 20, 2024 City Council Minutes FUNDING SOURCE: Expenditure required N/A Amount Budgeted: I Funding source 21 SEBASTIAN CINTINNIALCILIBRATION 1914 -1011 SEBASTIAN CITY COUNCIL REGULAR MEETING, BOARD OF ADJUSTMENT & COMMUNITY REDEVELOPMENT AGENCY MINUTES WEDNESDAY, NOVEMBER 20, 2024 - 6:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The City Manager opened the meeting at 6:00 p.m. but explained there would not be an official call to order until the administration of oaths for the newly -elected Council Members. The City Clerk administered the Oath of Office to Council Member Kelly Dixon and Council Member Ed Dodd. They took their seats upon the dais. 2. Council Member Dodd called the meeting to order at 6:03 p.m. A moment of silence was held. 4. Council Member McPartlan led the Pledge of Allegiance. 5. ELECTION MATTERS A. The City Attorney read the Certificate of Canvassing Board Returns official returns delineating the number of certified votes received for the Council Members and with regard to the referendum item for the election that took place on November 5, 2024. With regard to Council elections, there were 20,852 votes cast. Council Member Dixon received 10,055 votes, Council Member Dodd received 9,276 votes, and Damian H. Gilliams received 1,521 votes. Council Member Dixon and Council Member Dodd will now serve for a two-year term. With regard to the Charter referendum item, a total of 15,262 votes were cast. There were 6,377 votes approving this item and 8,885 votes rejecting this item. This item would have increased a Council Member term from a two-year term to a three-year term in 2025 and then a four-year term in 2026 if it had been approved. Council Member Dodd asked for public input on the above items, and there was none. B. Council Member Dodd called for nominations for the position of Mayor. Council Member Nunn nominated Fred Jones for Mayor. Council Member Dodd expressed that Mr. Jones is a great guy and he did a great job as Mayor, but he has decided to nominate Bob McPartlan because he is the longest serving member on the Council and he would like him to be the Mayor during the Centennial of Sebastian. P*� Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 2 Roll call: Council Member Dodd Council Member Dixon Council Member Jones Council Member McPartlan Council Member Nunn - Bob McPartlan - Bob McPartlan - Bob McPartlan - Bob McPartlan - Bob McPartlan Bob McPartlan will serve as Mayor for the upcoming year. C. Mayor McPartlan called for nominations for Vice Mayor. Council Member Dodd nominated Fred Jones for Vice Mayor. There were no further nominations. Fred Jones will serve as Vice Mayor for the upcoming year. 6. Roll call: Council Member Dixon Vice Mayor Jones Mayor McPartlan Council Member Nunn Council Member Dodd Staff Present: City Manager Brian Benton City Attorney Jennifer Cockcroft City Clerk Jeanette Williams Communications and Social Media Coordinator Avery Joens GIS Technician Ross Kelley Community Development Manager Dorri Bosworth Community Development Director Alix Bernard City Engineer/Special Projects Director Karen Miller Contracts/Procurement Manager Jessica Graham Parks and Recreation Director Richard Blankenship MIS Technical Assistant Joseph Perez Police Chief Daniel Acosta Deputy Police Chief Tim Wood 7. AGENDA MODIFICATIONS 8. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS A. Proclamation - Native American Heritaize Month — November 2024 Mayor McPartlan read and presented the proclamation to Ms. Sydney Rigaud, the Vice Regent of the Pelican Island Chapter Daughters of the American Revolution. Ms. Rigaud expressed thankfulness for this proclamation and stated that many Native Americans helped the American Revolution to succeed. She noted that her organization does service projects, honors veterans, and provides scholarships to high school students. B. Proclamation — Geo2ranhic Information Systems Day, November 20, 2024 — Manning Minds and Shan= the World 23 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 3 Mayor McPartlan presented the proclamation to Ross Kelley, GIS Technician, and commended him for mapping out all of Sebastian, every street sign, every stop sign, and every little detail for the City. The GIS Technician encouraged residents to explore the GIS tools that are available on the City's GIS page at https:Hcosl225.maps.arcgis.com/home/index.html. The GIS page includes a historical tour, a virtual art and history tour, as well as maps showing parks and current capital improvement projects in Sebastian. Mayor McPartlan invited Indian River County Commissioner Laura Moss to say a few words. Commissioner Moss congratulated Council Members Dixon and Dodd on their reelection and Mayor McPartlan and Vice Mayor Jones for stepping into their leadership roles. She is proud to be a Sponsor of the Sebastian Centennial events and she is looking forward to celebrating with everyone at Sebastian's Centennial on December 8, 2024. Commissioner Moss also mentioned that Indian River Commissioner Susan Adams was here earlier. Commissioner Adams needed to leave due to a family matter, but she wanted to express her appreciation for the Habitat for Humanity Project. BriefAnnouncements: Friday, November 22 - Chamber of Commerce Finally Friday on Cleveland Street - 6pm to 9pm Thursday and Friday, November 28 & 29 City Hall Closed for the Thanksgiving Holiday Friday, December 6 - 35th Annual Sebastian River Area Chamber of Commerce Light Up Night - 5: 30pm to 8pm Saturday, December 7 - Pearl Harbor Day Observance at Veterans Memorial Park -12: 30pm Saturday, December 7 - Rotary Club of Sebastian Craft Brew Hullaballoo at Riverview Park -12pm to 4pm Saturday, December 7 -Annual Christmas Parade from Main St. to Riverview Park - 6pm Sunday, December 8 - Centennial Celebration Event in Riverview Park - l0am to 6pm Friday, December 13 - Chamber of Commerce Finally Friday on Cleveland Street - 6pm to 9pm Saturday, December 14 - Wreaths Across America at Veterans Memorial in Riverview Park - Noon Vice Mayor Jones announced the upcoming events. 9. PUBLIC INPUT Carol Kroegel, came forward and explained that she is the wife of Robert Kroegel, and her husband is the great grandson of Paul Kroegel, who was one of the City's founders. Her husband's father, Douglas Kroegel, sold his land at a very low price to Indian River County so that a park could be built on Indian River Drive. The Kroegel family has a vested interest in the ecological preservation of this area. Regarding the 3 acres of land on Concha Drive that she heard has been allocated to Habitat for Humanity, she said that the street has a drainage problem with water pooling in the street when it rains and says that recently homes were almost flooded from the river behind their homes. She asked how putting 12 homes within 200 feet of the Sebastian River will affect the mission of protecting the water quality of the Sebastian River as well as the wildlife in the area. She asked if the additional water runoff created by 12 additional homes will cause the homes on the river to be more at risk for flooding after the building of these homes. 24 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 4 She said she heard on September 11, 2024 that the City Council had donated this land to Habitat for Humanity. She would like to know when this decision was actually made and who made it. When was it decided that land that residents were told would be a park became a plan for affordable housing? When was this change advertised to the public? Why was it decided to donate land near a natural estuary of St. Sebastian River? At what stage is the development of this project? Is there anything that might change the decision at this point? Why was this parcel chosen, as opposed to other parcels in more remote areas of town or ones that are not on waterways? Ms. Kroegel had several questions regarding the timeline. When will these homes be built? What will be the size of the homes? Will they all look alike? How many will there be? Who will live there? Are the homes allocated to people who work in the City or random people on a list? Mayor McPartlan invited the City Manager to respond to Ms. Kroegel's questions about the project. The City Manager said he was happy to respond, but asked if the Mayor wanted to take additional input first. Council Member Nunn said some facts need to be presented in order to address these concerns because there may be some misconceptions about what is being done and what the process is. Council Members expressed agreement with the City Manager going ahead and addressing concerns at this time. The City Manager explained that this process began earlier in 2024 when providing workforce affordable housing was identified as a need by residents in the strategic planning process and thus it has been a priority of the City. Florida Statute Section 166.0451 requires that the City identify any eligible properties that might be appropriate for affordable housing. On July 24, 2024 Staff had presented different parcels of land that might be good options for working with Habitat for Humanity to create affordable housing in the City. City Staff negotiated an agreement to transfer three parcels of City property to Habitat for Humanity and that agreement was approved by Council on October 16, 2024. The City Manager clarified that this will not be multifamily housing or Section 8 housing being built. It will be single-family homes to provide workforce housing. The houses cannot be for people who are already homeowners. Priority will be given to (1) current employees of the City of Sebastian, (2) residents of Sebastian, (3) current public safety officers, including law enforcement or fire/rescue paramedics who are employed by or residing in Indian River County, (4) current public -school teachers employed by or residing in Indian River County, and (5) Indian River County residents. Mayor McPartlan clarified that these houses are not being given away. Applicants for the housing will have to go through a process with Habitat for Humanity, will have to put in their sweat equity, and will pay a mortgage just like everyone else does. Council Member Dodd asked about this parcel of land being previously designated as a park by the City. The City Manager said these parcels were zoned for municipal use when they were transferred to the City from General Development Corporation. The City has not made any plans to create a park with any of these parcels. Council Member Nunn reminded Council and residents that the time for public input is not over even though they have been clarifying a few matters on workforce housing. Mayor McPartlan asked Mr. Loomis to come forward and respond. 25 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 5 Mr. Loomis reviewed that Indian River Habitat for Humanity has been building homes in Indian River County for almost 34 years and they have built over 1,000 homes. There is a severe shortage of affordable housing and everyone knows someone being affected. If you purchased a home 20 to 30 years ago, things were easier then. In 1995 it cost 2 and'/2. times the average income to buy a median -price house, but today it requires 6 to 7 times the average income. Mr. Loomis explained that single-family homes will be built on the parcels of land donated by the City. Habitat for Humanity will not be building multifamily homes, duplexes, triplexes, or apartments. It will still be low density. He expects these homes to appraise in excess of $300,000 and they will be priced over $200 per square foot. Regarding environmental conditions, Mr. Loomis noted that every house will have a brand-new aerobic septic tank system which are systems that are far more sustainable. They also work with the Audubon Society to ensure that they use 100% native plants and trees to assist with environmental sustainability. Through the development process they address stormwater and drainage and all of their work will go through the City's building and planning processes. They use professional engineers, follow all Codes, and do not cut corners. Council Member Jones asked Mr. Loomis to explain about the sweat equity part of the process. Mr. Loomis stated that the homes will not be rentals or for people that may not properly care for the property. The homes are sold for the appraised value, and the buyer is provided with a low-cost 30-year mortgage. Habitat for Humanity make use of government subsidized programs and land donation in order to keep costs down on building the house, but this does not translate into a deflated property value. What the buyer pays is based on what they can afford, but the sales price of the home is still the appraised value. Mayor McPartlan asked if a buyer can flip the house or rent the house out. Mr. Loomis said no. Mayor McPartlan allowed more residents to come forward with questions and input. Wendy McLoughlin, 1541 Ocean Cove Street, asked how this process happened. Did they look at the demographics of the area? Have they considered real estate comparables? Was a real estate lawyer hired to determine how this will affect property values in the neighborhood? Ms. McLoughlin told Council that they were voted into office to take into account the best interest of residents. She asks if Council has taken the interest of residents into account when they made this decision. She reminded Council that they can be voted out. She said she has nothing against people who move in or who are low income. She is considering her community, which has always been quiet and peaceful, and she believes this is going to change everything. Rich Beard, 714 Concha Drive, a retired CPA, asked how this land was obtained by the City and if there is a stipulation for its use. If the property has been reserved, why have they decided to now build homes on it now? On behalf of the animals and native plants located on this parcel, he does not see the need to build low-income homes there and remove the natural environment. If there has to be a change, he would like to make a park out of it. Mike Lopowitch said he just heard about this land being given away by the City yesterday. He looked up Habitat for Humanity and said they basically build cookie -cutter houses. He said this will clearly lower the value of homes in the neighborhood. He asked how much the CEOs of Habitat for Humanity are RT Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 6 making and said that somebody is making money off of this. He said he had worked for the state and the federal government and he had never heard of employees getting low-income housing. He asked if there were some kickbacks or something unethical going on here. Terry McGinn stated that he has been at every City Council meeting where this was discussed, which was probably five of them. He has been present every time Habitat for Humanity made a presentation, and he had not seen any of these residents at a City Council meeting before. He noted that if a developer bought these lots, these residents would not have anything to say about it because it would be private enterprise. He says so many people here have enjoyed free access to undeveloped land for so long that they do not want to see it developed. Russell Betz said he has an issue with the fact that he was not informed. He acknowledged that he would have known if he had come to every City Council meeting, but people have to work, have a lot of responsibilities, and are not always able to keep up. He has a neighbor that is 92 years old and is not on the internet. There were never any signs posted on the property. Usually when there is rezoning a sign is put up stating that is the case, but he has not seen anything like that. Carol Klebba, 726 Concha Drive, said they bought the land and built their house in 1997, and at that time they were told that there would be a park in this area. Her house is currently valued between $550,000 and $595,000. She has been a realtor, and she knows if you put a house in that area for $300,000 to $350,000, the value of her property will decrease by $50,000 to $100,000. Louise Kautenburg stated she has lived in Sebastian for almost 30 years. There are various prices on the houses within her neighborhood, but they are still all good neighbors to each other and they each take care of their properties. She calls it a healthy, sustainable neighborhood. Glenda Phillips, 1674 Adams Street, would like to know if a study was done to ascertain how many empty homes there are in Sebastian. She said there were a bunch of houses that were just built on Schumann Drive, and she would like to know if those houses are occupied. She would like to know if a traffic study was done. There is a severe curve near her house that they call "Dead Man's Curve" because several accidents have happened. She would also like to what will be done about the wildlife. The parcels have turtles, scrub jays and different birds, cats, and panthers. Barbara Panta, 746 Concha Drive, said she was told that this area near her was a park and that it was going to continue to be an undeveloped area. That is why she chose her house and paid more for it when she purchased in 2017. If someone gave the land to the City for it to become a park, why is that not being considered? She asked if a City employee, even a part-time employee, could get a house and then quit their job. Mayor McPartlan mentioned that such a person could quit their job, but they would still be required to make their mortgage payments, just like everybody else. Kathryn Rapach, 1582 Ocean Cove Street, said she has been living in Sebastian for over a decade. Her daughter, Brooke, also came up to speak with her. Brooke is currently doing her 5 h grade project on deforestation and shared that she is not happy with this happening in her neighborhood and noted the construction noise will cause disruption for the elderly residents in the neighborhood. Kathryn mentioned land that is near Highway 512 is being made into a distillery and asked why couldn't that land have been used for housing instead. Kathryn and Brooke were also concerned about the wildlife in this area, including peacocks, bobcats, barn owls, and various birds. 27 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 7 Nancy Moore, 1558 Ocean Cove, said she used to live in Ft. Lauderdale before she moved to Sebastian. She even bought the undeveloped lot next door to her house in order to provide a place for the local wildlife. She chose to move to Sebastian because of the quiet, the beauty, and the animals. She is against taking down every tree and driving away all of the animals. She says this undeveloped parcel was an asset to the City, and the residents should have a say in what is done with it. Damien Gilliams, President of the Sebastian Property Owner's Association, stated he has been in the community for 40 years as a real estate broker. He explained that General Development Corporation went bankrupt and turned over a lot of property to City. It was not given to special interests, but to the City. He stated this was surplus property that belonged to the taxpayers of Sebastian. He stated the City already had an opportunity to create low-income housing in the recent past when it annexed 2,000 acres, but they did not provide for it in the developer's agreement. Mort Orman, originally from Maryland, said in 1984 when the Baltimore Colts were owned by Robert Irsay, there was a lot of discussion about moving the team out of Baltimore. Irsay promised he would never do that, but one winter night, in the middle of the night, he loaded up two Mayflower vans and moved the entire team to Indianapolis. Overnight the beloved Baltimore football team was gone, and there was nothing the people of Baltimore could do about it. Mr. Orman feels that the Council has done something similar here. He said there should have been a meeting to discuss this before Council signed over that property. Nikki Grant said that a lot of the issue tonight is a lack of communication and that people did not know what was going on. Transparency is a basic issue. She thinks if residents had more information ahead of time, this would have been smoother and people would not have been as upset. She asked if the parameters say what the square footage of the houses will be. Council Member Nunn informed her the houses would be roughly 1,500 square feet. Charles Stadelman on Zoom said he was previously a real estate broker. He noted that people have been priced out of the market for various reasons and housing is out of reach for many. He wants to congratulate Council for taking this issue up and providing relief for people who work here. He concluded that these houses are needed. Council Member Nunn noted that some people have mentioned the low-income houses on Schumann Drive. He used to live in that area when he was young with his family, and it is a low-income rental area. He noted that Habitat for Humanity works hard to find qualified applicants. There is no bank or builder offering a 30-year interest free mortgage to help someone buy a house, but that is what Habitat for Humanity does. Mayor McPartlan called for a 10-minute recess at 7:32 p.m. 10. THE BOARD OF ADJUSTMENT MEETING At 7:47 p.m., Chairman McPartlan convened the Board of Adjustment meeting. Mr. Dodd arrived soon after at 7:54 p.m. A. Consideration of a Variance Request - Sean Strohl - 798 Snire Avenue - Six-foot High Fence on a Corner Lot Located within the Secondary Front Yards, and Located in Front of the House - LDC Sections 54-2-7.7(c)(3) & 54-2-7.7(c)(1) The City Attorney asked for anyone who planned to speak to fill out a speaker oath card. 28 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 8 Sean Strohl, the applicant, came forward and explained that the main issue with his variance request is line -of -sight or visibility concerns for drivers. The only potential affected driveways would be his driveway and the immediate neighbor behind him, but the lattice on his fence does not block the view for either of these driveways. Mr. Strohl took pictures from these driveways to show that the fence is not causing an obstruction of the view of the road or the stop sign. The Community Development Manager reviewed that this is a variance request regarding a fence for a corner lot which is treated a little bit different than fencing on a regular lot. The City does not allow a 6-foot fence in the front of a house, and also on a corner lot. The Code requires a 6-foot fence to have to meet the secondary front yard setback of 20 feet from the secondary line, which is not measured from the edge of the road. The applicant came in and applied for a permit in May 2024 and brought in a survey indicating where he was going to put the fence. The Building Department staff showed him where a 6-foot fence or a 4-foot fence could be placed on his property. Mr. Strohl's 4-foot fence was installed and inspected and approved by the Building Department. After the fence was approved and the permit was closed out, Mr. Strohl installed an additional 2-foot lattice on top of the fence. The Code states that a permit is not needed if a lattice does not create a barrier, but that is referring to garden trellises and things like that. Mr. Strohl's lattice addition clearly creates a barrier and adds to the height of the fence. The fence is on the property line. The Code requires the Board of Adjustment to examine certain criteria in deciding if a fence variance can be granted. Mr. Strohl's fence does meet some of the criteria. • There is an existence of special conditions or circumstances because his property does face three roadways. It is a unique lot with three front yards. • It can also be argued that this creates a hardship condition for him because if he has to use the 20-foot setback on three sides, this causes him to lose quite a bit of the use of his back yard compared to other corner lots or other interior lots. • However, with the addition of the trellis, the applicant has created a condition that puts his fence at odds with what is allowed by the Code, particularly in light of the fact that the applicant added the lattice after his permit had been approved. • Many other corner lot owners have had to meet the ordinance regarding their fences within their secondary front yards and have had to use a 20-foot setback when they installed a 6-foot fence, so granting this variance would be granting him a special privilege. The Community Development Manager reminded the Board of Adjustment that only the minimum variance should be granted. There is also a specific section of the Code that gives specific dimensions to make sure that a fence is not within a visibility triangle. Staff went out and took pictures and Mr. Strohl's fence does meet the Code's requirements for a visibility triangle, however, his 6-foot fence juts 20 feet in front of the neighbor's house to the north on Wimbrow Drive and there may be a visibility concern for this specific neighbor when they are backing out of their driveway. Choice A. The Board of Adjustment can decide to grant the variance and allow the applicant to keep the fence that extends into the secondary front yards at 6 feet. 29 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 9 Choice B. If the Board of Adjustment denies the variance, the applicant would have to take down the trellis so the fence will again be a 4-foot fence as originally permitted. There is a section on the rear yard where the 6-foot fence can remain. The applicant also has the option to keep his fence 6-foot high, but then he would need 20-foot setbacks on the two secondary front yards. Choice C. The Board of Adjustment may decide to partially grant the variance, allowing the applicant to potentially keep his 6-foot fence with the condition that it is placed 10 feet from the property line on Wimbrow Drive, rather than the 20-foot setback required by the Code. Whatever the Board of Adjustment decides, Staff asked for the applicant to make the required changes within 2 months, and regardless of the choice to grant or deny, or grant a partial variance, the 6-foot fence in the front of the yard needed to be addressed. Chairman McPartlan opened the floor for public input from anyone in favor of this variance request. Erik Hendrickson -Cruz, who lives at 465 Mark Street directly across from Mr. Strohl's house, said that he is the one most impacted by this fence since he frequently travels down Mark Street and stops at both of the stop signs that are near the applicant's house. He asked for the variance to be granted because this lot is very unique. The applicant has small children and his dogs were jumping the 4- feet fence, which is why the trellis was added at a later date. He says the applicant and his family have been wonderful neighbors. He gave an example of them flying a flag at one point that he took issue with, but they took it down without any questions to be considerate to him. He is glad to have a neighbor that is a young family, rather than neighbors that look up variances and make complaints. He asks for the variance to be granted since it is for the safety of their children and their pets, and it causes no concern for him, an impacted neighbor. David Moore, 762 Wimbrow Drive, also brought up how unique this property is. He owns the home that the Community Development Manager mentioned with a driveway near the applicant's fence and with possible visibility concerns. He says visibility is not an issue for him or for anyone that uses his driveway. Chairman McPartlan asked if anyone opposed this request. Eugene Wolff, 757 Wimbrow Drive, opposes the granting of the variance because he views it as a privilege and such privileges should not be given to owners of properties that are not in line with Code enforcement. He feels he is most impacted because his house faces the applicant's property. He says the applicant's property has several egregious Code enforcement issues, including parking a vehicle in a drainage swale, as exhibited on page 34 in Exhibit F6, an unregistered vehicle on the property, and adults living in a utility shed on the property. William Thompson, 751 Wimbrow Drive, agrees it is an odd lot, but he thinks the fence was built in a haphazard way and it will fall apart and blow apart in a storm and affect everyone's safety. He also disagrees with the fence being built so close to the roadway, particularly since there is a lot of usable space on the property. He is also annoyed by the applicant's little dog that he says barks and whines all day long. Mr. Strohl said in response to the "egregious" violations, the Code allows a resident to have one unregistered vehicle on a property. He does have an unregistered 1987 Jeep that is a project that he is working on. His 70-year-old mother lives with him, and she cannot walk all the way to the front door of the house because it is an uphill walk for her so he does park his car close to his house. 30 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 10 The City Attorney reminded the Board and told Mr. Strohl that he does not have to address issues except in regard to the fence. The Board of Adjustment will only be considering issues in relation to the variance request. Mr. Strohl said he no longer has anyone living in his shed at this time. He did apologize for his dogs offending his neighbor. He would like clarification with the problem with the fence on the front portion of the house to make sure he understood. The Community Development Manager clarified that a 6-foot fence cannot be in front of the house, but it can be a 4-foot fence. Mr. Strohl explained that this area is his mother's patio, and this is where his mother lets the dogs out of the house and why the higher fence was needed in this area. Without the lattice/trellis the dogs were jumping over the fence. He has one area of his fence, the gate, where he has not installed the lattice, and his dogs are able to jump over that section. Mr. Strohl said if they would consider granting the variance with a 10-foot setback for the fence, it would be even more of a help to him if they could give him an 8-foot setback because he would not have to move as many posts to remedy the situation. Mr. Nunn asked the Community Development Director to specifically clarify what needed to be changed about the portion of the fence that is in front of the house. She explained that the Board of Adjustment has never granted a variance for a 6-foot fence in front of a house because it does not meet any of the criteria for a variance. Mr. Nunn asked the applicant to look at Exhibit G and asked if that part of the fence that extends in front of the house is his mother's patio and if the fence was moved back could she still use the patio. Mr. Strohl said yes, that is his mother's patio, but if the fence was moved back, the patio would no longer be a private area for his mother, and she would no longer be able to let the dogs out into the fenced in yard. MOTION by Vice Chair Jones and SECOND by Ms. Dixon to grant a partial variance, allowing those portions of the fence that extend into the secondary front yards to remain 6 feet high with the condition that the fence along Wimbrow Drive must be 10 feet from the property line, but deny the portion of the fence that extends beyond the front house line to stay at 6 feet high. Mr. Nunn said he tends to agree with granting the partial variance because they do not want to set a precedent or make an exception allowing for the 6-foot fence in front of the house without extenuating circumstances. The Community Development Manager asked if the Board of Adjustment could include a 2-month deadline to make the required changes to ensure that the fence could be modified, inspected, and the permit closed out within timeframe. Vice Chair Jones said he is fine with that being included in his motion and Council Member Dixon seconded that as well. Mr. Dodd asks if the applicant will then be charged another permit fee. The Community Development Manager said she was not sure. The other permit was closed out, but she said she could ask if it can be viewed as a permit modification. 31 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 11 Mr. Nunn asked for a waiver of the permit fee to be added to the motion. Vice Chair Jones agreed with a waiver of the permit fee being included in the motion and Ms. Dixon seconded that as well. Mr. Strohl asked the Board of Adjustment if they could agree with an 8-foot setback rather than 10- feet because it would help him to correct the fence by simply removing one panel of fencing. Vice Chair Jones was not willing to make that change to the motion. Roll call: Vice Chair Jones - aye Chairman McPartlan - aye Mr. Nunn - aye Mr. Dodd - aye Ms. Dixon - aye Motion carried. 5-0 B. Consideration of a Variance Request - Brandon & Jennifer Martin - 491 Kumquat Avenue - Six-foot High Fence on a Corner Lot Located within the Secondary Front Yard - LDC Section 54-2-7.7(c)(3) The City Attorney asked for anyone who planned to speak regarding this variance request to fill out a speaker oath card. Brandon Martin, the applicant, 491 Kumquat, came forward and explained there were no line -of - sight issues or visibility issues with the fence, but they also have a pool in the backyard and if they have to move their fence back, they will have no back yard area for their children or dogs. He believes their fence adds value to the neighborhood and most of his neighbors are happy with it. He also noted there are several instances near his home of overgrown 20-foot bamboo that affect visibility when driving. The Community Development Manager noted that it is highly unusual to have the same variance requests to come up within such a short span of time. She researched how often this issue has arisen in case a change to the Code needed to be addressed, but in the last 10 years this type of variance request has only come up twice. It does seem to simply be a coincidence that both requests came in within three weeks of each other, and each request should be looked at upon its own merits. She explained that the City received an application for a permit from a fence contractor to put up a 6-foot fence on this property. Comments were sent to the fence contractor from the Zoning Department that the permit was being denied due to the fence being 6 feet in height in the secondary front yard, as well as comments from the Engineering Department that the permit was denied due to the proposed location on the property line in the rear utility and drainage easement. The fence was installed without the issuance of the permit and without any of those concerns being addressed. City staff did not receive a revised survey. Thus, the applicant still does not have a building permit in place for the fence and that also needs to be addressed. Unlike the previous variance request, there is not a unique property. It is a standard corner lot that is wider than other corner lots in the area. Most corner lots are 85 feet wide, but this corner lot is 100 feet wide. 0' Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 12 The fence was put in about 3 to 4 feet into the street right of way, so it is incorrectly installed. The applicant cannot get a variance for that, no matter what, because a fence cannot be placed in the street right of way. The Board of Adjustment can allow the fence to be on the property line or moved inward. • In considering the criteria to be considered to grant a variance, there are not special conditions or circumstances that would favor the applicant's request. • The conditions were created by the applicant and his contractor installing a fence without a permit and without addressing the concerns of the Zoning and Building Departments. • There would be special privilege conferred if the variance was granted. A close neighbor has been in this same situation and has conformed to the requirements of the Code and reduced their secondary front yard fence to 4 feet. • There is no hardship for the applicant to conform to the requirements of the Code. The property does have a pool and an auxiliary driveway, but the homeowner can still enjoy his backyard even if the variance is not granted. He still has recreational storage and parking abilities in his backyard. The Community Development Manager reviewed the options before the Board of Adjustment. Ootion A. The Board of Adjustment could deny the variance. Option B. The Board of Adjustment could grant the variance to allow the 6-foot fence on the secondary front yard setback, but the applicant would still need a permit issued. Staff did verify that the fence is not causing a problem with the required visibility triangle in his front yard. Ootion C. The Board of Adjustment could grant a partial variance and allow a portion of the 6-foot fence to extend into the secondary front yard and a distance specified by the Board, for instance, 10 feet from the property line, rather than 20 feet per the Code. Regardless of the option chosen by the Board of Adjustment, the fence must be relocated out of the street right of way and out of the rear easement. Mr. Nunn asked about the red and blue lines drawn on Exhibit F on page 62. The Community Development Manager clarified that the red lines show where the fence has been installed and the blue lines show what the permit had requested or what the applicant's contractor said he had planned to build if the permit was granted. The City had concerns because the blue line is shown to be in the rear easement, as commented upon by Engineering, and there were no dimensions given so it was unclear where the fence would be placed, as commented upon by Zoning. Mr. Nunn commented about fences being allowed within an easement as long as the homeowner grants access and assumes the cost of repairs. He asks if this is allowed in this type of case. The Community Development Manager said an affidavit can be completed by a homeowner that says they will relocate the fence if it needs to be accessed by the City or utility provider. Such an affidavit would also have to be signed off by the Engineering Department, but in this case the Engineering Department had already denied the permit based on the fence being in the rear easement and due to some maintenance issues with this specific drainage ditch. Such an affidavit is not always an option. 33 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 13 Chairman McPartlan asked for public input from those that agree with the variance request. Marsha Brizzie, 182 Coconut Street, said that she walks past the applicant's house every day. There is nothing about this fence that is blocking her vision to watch for cars and walk safely around the neighborhood. She was shocked to hear there is a problem with the applicant's fence. The 8-feet bamboo at a nearby home that was even closer to the street was definitely a problem. This is the only part of his yard that can be used for his dog. There is no backyard space because of his pool. The Community Development Manager agreed that City staff did not consider there to be a visibility problem due to the fence. She noted that the applicant can keep the fence where it is on the property line but it needs to be taken down to 4 feet in the front yard setback to be in accord with the Code. Ms. Brizzie also pointed out that the fence does not look 6 feet high because the land goes downhill and lowering the fence may mean his dogs will be able to jump over it. She said the fence is not causing any visibility problems within the neighborhood. Chairman McPartlan asked if anyone would like to speak in opposition to this variance request and no one came forward. Mr. Martin, the applicant, explained that they had no intention to file a permit for something that was not appropriate and that is why they hired a licensed contractor to handle the fence installation. He stated they have no problem moving the fence out of the rear easement. He was just trying to create some usable yard space on the side yard because the enjoyment of his property is limited. The Community Development Manager discussed that the Board of Adjustment could go with Option C and grant a partial variance. She also pointed out that from the side of their garage to their property line, there is 30 feet of usable space. By moving the fence 10 feet, that still gives them 20 feet by their garage. She explained this could have been avoided if the applicant had worked with the City through the permitting process. She also requested a deadline to move the fence out of the easement, to relocate the fence, and to get the fence permit issued. Mr. Dodd referred to Exhibit H 1 and asked for clarification on what Option A would provide to the applicant. The Community Development Manager advised that the applicant could move the fence out of the street right of way and install a 4-foot fence along the property line, shown with a red line on Exhibit H1, but she does not think that is an option for the applicant because they needed a 6-foot fence because of their dogs. The blue lines on Option A on Exhibit H I show where the fence would have to be moved to if the Board of Adjustment denied the variance. Mr. Dodd confirmed his understanding of Option C was that it would reduce the side yard by 10 feet but the applicant can still have a 6-foot fence and a 20-foot side yard. Mr. Dodd asked about the responsibility of the contractor to pull a permit and then to finalize the permit process. The Community Development Manager confirmed that it is the responsibility of the contractor to follow through on the permit process and the contractor was fined for putting the fence up without the permit being issued. The contractor will have to pay that fee before there can be a final inspection. Mr. Dodd states he has a problem blaming the homeowner when there was a contractor involved and the contractor is responsible to know these requirements. 34 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 14 Mr. Nunn agreed that this needs to be addressed with the contractor. If there had not been a Code violation, we would not have known this fence was built without a permit. He wonders how many fences are being built without the required permits. MOTION by Mr. Nunn and SECOND by Mr. Dodd to approve Option B and grant the variance to the applicant, but that includes completion of the permitting process. Mr. Dodd noted that the house is far enough back from the street that he does not believe the higher fence is creating any visibility issues for traffic. Mr. Nunn pointed out that the Community Development Manager agreed there were no visibility issues with where the fence is currently. She also confirmed there were no visibility issues with cars backing out of neighboring driveways. Chairman McPartlan asked if all of the neighbors were notified of the variance request. The Community Development Manager said letters were sent to the neighbors notifying them. Mr. Nunn commented on how much space there is between the road and the swale. The Community Development Manager pointed out that the fence is in the street right of way and needs to be moved back about 3 feet and the fence in the rear will need to be relocated out of the rear easement. Because the permit has not been issued, the City would require the contractor to adjust his survey to show where the fence is, and staff would request that this all be completed within a set timeframe. Mr. Dodd asks if those changes, relocating the fence 3 feet to get it out of the street right of way and relocating the fence out of the rear easement, are required for Option B. The Community Development Manager clarified that those specific changes would be required for the permit to be issued, even if the Board of Adjustment agrees to grant the variance to the applicant. The Engineering Department will not sign off on the permit unless the fence is out of that rear easement. There will still be some fence relocation and then a survey showing where the fence is, even if the full variance is granted. The City Manager reminded the Board of Adjustment to give a timeline for completion. Mr. Dodd expressed concerned that a timeline might not be met since in involves a contractor who has been deficient and already chosen not to follow proper permitting procedures. The applicant has asked for the variance but now he may have to become involved in litigation with the contractor before this is over with. The Community Development Manager said Staff had recommended giving the applicant 2 weeks to get the permit issued. The applicant can take over the permitting process and handle it himself. A survey is needed that shows where the fence is going to be, in accordance with the Board of Adjustment's decision. Then the permit will be good for 6 months to get the fence relocated and call in a final inspection that will verify the fence is in the correct location. The City Attorney informed the Board of Adjustment that they can ask for clarification from the applicant, but she would not open the meeting up to the public at this time. Mr. Nunn asks for the applicant to come forward because he may have already considered some of these matters regarding his contractor. Mr. Martin, the applicant, said that the contractor has been in contact with him and he thinks he will be available to relocate the fence within 60 days. 35 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 15 Mr. Nunn agreed to add to his motion for Option B granting the variance the requirement of completing the permitting process with all proper fees within 60 days, and this was seconded by Council Member Dodd. Roll call: Chairman McPartlan - aye Mr. Nunn - aye Mr. Dodd - aye Ms. Dixon - aye Vice Chair Jones - - aye Motion carried. 5-0 Chairman McPartlan adjourned the Board of Adjustment meeting at 8:44 p.m. 11. COMMUNITY REDEVELOPMENT AGENCY MEETING Chairman McPartlan convened the Community Redevelopment Agency Meeting at 8:44 p.m. A. Approval of May 22, 2024 CRA Minutes B. Approval of September 25, 2024 CRA Minutes C. Approval of October 16, 2024 CRA Minutes MOTION by Mr. Dodd and SECOND by Vice Chair Jones to approve the May 22, 2024, September 25, 2024, and October 16, 2024 Minutes. Roll call: Mr. Nunn - aye Mr. Dodd - aye Ms. Dixon - aye Vice Chair Jones - - aye Chairman McPartlan - aye Motion carried. 5-0 D. Consideration of a Florida Inland Navigation District (FIND) Grant Agreement for Design of the Riverview Park Renovations; ADDrouriate Matching Funds and Forward to Citv Council for ADDroval The City Manager explained that this is a request from Staff for the Community Redevelopment Agency to approve and allow this FIND grant agreement to be forwarded to City Council. The request is for $100,000, which would include $50,000 provided by FIND and $50,000 matched from the CRA budget. These funds will assist with the design of the Riverview Park renovations. MOTION by Mr. Dodd and SECOND by Ms. Dixon to approve Item D. Chairman McPartlan asked for public input and there was none. Roll call: Mr. Dodd - aye Ms. Dixon - aye Vice Chair Jones - - aye Chairman McPartlan - aye Mr. Nunn - aye Motion carried. 5-0 36 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 16 E. Consideration of Annroval of Florida Inland Navigation District (FIND) Grant Agreement for Design and Installation of Dry Line at Law Enforcement Dock. Annronriation of Matching Funds: and Forward to Citv Council for Annroval The City Manager explained that this is a request from Staff for the Community Redevelopment Agency to approve and allow this FIND grant agreement to be forwarded to City Council. The request is for $80,000, which would include $40,000 provided by FIND and $40,000 matched from the CRA budget. These funds will assist with the design and installation of the dry line for safety purposes at the law enforcement dock. Mr. Dodd asked if cost sharing was done for enhancements on the original dock. The City Manager said they do have some agreements in place for cost sharing with some other agencies relating to the law enforcement aspect of the dock. The need for a dry line was established later and had not been included in the original agreements. Staff may end up seeking additional funds and cost sharing from the Fire Department if they will be housing the law enforcement boat there, but this grant application is a way of helping with the initial design and installation cost of the dry dock. MOTION by Mr. Dodd and SECOND by Mr. Nunn to approve Item E. Chairman McPartlan asked for public input and there was none. Roll call: Ms. Dixon - aye Vice Chair Jones - aye Chairman McPartlan - - aye Mr. Nunn - aye Mr. Dodd - aye Motion carried. 5-0 F. Consideration of the Florida Inland Navigation District (FIND) Grant Agreement for Revised Structural Engineering Assessment. Design. Permitting and Bid Package for the Property Located at 1540 Indian River Drive: Apnronriation of Matching_ Funding_ . and Forward to Citv Council for Annroval The City Manager explained that this is a request from Staff for the Community Redevelopment Agency to approve and allow this FIND grant agreement to be forwarded to City Council. The request is for $200,000, which would include $100,000 provided by FIND, $50,000 matched from the CRA budget for this year's budget and $50,000 requested from additional fund reserves. These funds will assist with the revised structural engineering assessment, design, permitting, and bid package for the property located at 1540 Indian River Drive, also known as Fisherman's Landing. Mr. Dodd asked if this would include the old Hurricane Harbor building, and the City Manager said yes. MOTION by Ms. Dixon and SECOND by Mr. Nunn to approve Item F. Chairman McPartlan asked for public input and there was none. Roll call: Vice Chair Jones - aye Chairman McPartlan - - aye Mr. Nunn - aye 37 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 17 Mr. Dodd - aye Ms. Dixon - aye Motion carried. 5-0 G. Consideration of the Florida Inland Naviization District (FIND) Grant Agreement for the Replacement of the Workine Waterfront Dry Line: and Forward to Citv Council for Approval The City Manager explained that this is a request from Staff for the Community Redevelopment Agency to approve and allow this FIND grant agreement to be forwarded to City Council. The request is for $50,000, which would include $25,000 provided by FIND and $25,000 matched from the CRA budget. These funds will assist with replacement of the working waterfront dry line. This was needed because the existing dry line did not pass inspection and has been inoperable. MOTION by Mr. Nunn and SECOND by Vice Chair Jones to approve Item G. Chairman McPartlan asked for public input and there was none. Roll call: Chairman McPartlan - - aye Mr. Nunn - aye Mr. Dodd - aye Ms. Dixon - aye Vice Chair Jones - aye Motion carried. 5-0 H. City Council Consideration of a Land and Water Conservation Grant Application to Renovate the Main Street/Cant. Hardee Boat Ramp The City Manager commended staff and the grant writing agency they have employed for their remarkable work in helping the City to obtain this many FIND grants. This is a request from Staff for the Community Redevelopment Agency to approve and allow this FIND grant agreement to be forwarded to City Council. The request is for $100,000, which would include $50,000 provided by FIND and $50,000 matched from the CRA budget. These funds will assist with the design of the Main Street Captain Hardee Phase 1 Improvements, which includes the dredging and other associated projects. MOTION by Vice Chair Jones and SECOND by Ms. Dixon to approve Item H. Chairman McPartlan asked for public input and there was none. Roll call: Mr. Nunn - aye Mr. Dodd - aye Ms. Dixon - aye Vice Chair Jones - aye Chairman McPartlan - - aye Motion carried. 5-0 Consideration of Authorizing Staff to Submit a Land and Water Conservation Grant Application to Renovate the Main Street/Capt. Hardee Boat Ramp and Forward to Citv Council for Approval 38 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 18 The City Manager explained this is Staff s request from the Community Redevelopment Agency for approval to apply for a Land and Water Conservation Fund (LWCF) grant to assist with the renovations of the Main Street Captain Hardee Boat Ramp. This will be for the needed design and the construction portion of the project. The total budget for this portion of the project is $400,000. If the CRA give its approval for the application, Staff will request a $200,000 LWCF grant and request a $150,000 match from the CRA budget and use the $50,000 from the previously approved FIND grant (Item H above). If approved by the CRA, Staff asks for this item to be forwarded to City Council for approval as well. Mr. Dodd asked for clarification because the Executive Summary within the Staff Report says that this LWCF grant will fund half of the improvements. The City Manager reviewed that the half refers to the $200,000 LWCF grant which will cover half of the $400,000 estimated cost for the project. Mr. Dodd asked if the $400,000 will cover all of the needed improvements. The City Manager said it is unknown if $400,000 will be enough to handle all of the improvements. The costs are an estimate because the design has not yet been completed, but this will include the costs for dredging. If more funds are needed, Staff will pursue additional funding mechanisms or additional funds from the City. MOTION by Mr. Nunn and SECOND by Ms. Dixon to approve Item I. Chairman McPartlan asked for public input and there was none. Roll call: Mr. Dodd - aye Ms. Dixon - aye Vice Chair Jones - aye Chairman McPartlan - - aye Mr. Nunn - aye Motion carried. 5-0 12. Chairman McPartlan adjourned the CRA Meeting and reconvened the City Council Meeting at 8:55 p.m. 13. CONSENT AGENDA A. Consideration of Resolution No. R-24-72 Approving a Piggyback of Contract 2023056 by Indian River County for Fiber Optic Services and Consideration of a Purchase Order for $19,438.27 for Gerelcom, Inc. to Provide Fiber Services B. Consideration of Resolution No. R-24-63 Providing Approval of a Florida Inland Navigation District (FIND) Grant Agreement for the Replacement of the Working Waterfront Dry Line, Appropriation of Matching Funds as Well as Providing Authorization to the City Manager to Execute C. Consideration of Resolution No. R-24-65 Providing Approval and Execution of a Florida Inland Navigation District (FIND) Grant Agreement for Design and Permitting for Riverview Park Renovations 39 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 19 D. Consideration of Resolution No. R-24-66 Providing Approval of Florida Inland Navigation District (FIND) Grant Agreement for Design and Installation of Law Enforcement Dock Dryline; Appropriation of Matching Funds as Well as Providing Authorization to the City Manager to Execute E. Consideration of Resolution No. R-24-67 Providing Approval of the Florida Inland Navigation District (FIND) Grant Agreement for Revised Structural Engineering Assessment, Design, Permitting and Bid Package for the Property Located at 1540 Indian River Drive; Appropriation of Matching Funding; and Authorization for City Manager to Execute F. Consideration of Resolution No. R-24-68 Providing Approval of the Florida Inland Navigation District (FIND) Grant Agreement for Design of the Main Street/Hardee Boat Ramp Improvements Phase I, Appropriation of Funding and Authorization for City Manager to Execute G. Consideration of Authorizing Staff to Submit a Land and Water Conservation Grant for the Design and Construction of Main Street/Hardee Boat Ramp Improvements, Authorizing the City Manager to Execute the Appropriate Documents Council Member Dodd asked for Item A to be pulled for discussion. MOTION by Council Member Dixon and SECOND by Vice Mayor Jones to approve Items B through G. Roll call: Council Member Dixon - aye Vice Mayor Jones - aye Mayor McPartlan - - aye Council Member Nunn - aye Council Member Dodd - aye Motion carried. 5-0 Item A - Contract 2023056 by Indian River Countv for Fiber Oatic Services Council Member Dodd pulled this item to clarify that this item is to provide fiber optic services for the City operational facilities, not for the entire City of Sebastian. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to approve Items B through G. Mayor McPartlan asked for public input and there was none. Roll call: Vice Mayor Jones - aye Mayor McPartlan - - aye Council Member Nunn - aye Council Member Dodd - aye Council Member Dixon - aye Motion carried. 5-0 14. COMMITTEE REPORTS & APPOINTMENT 40 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 20 Vice Mayor Jones reported that he attended the Beach and Shoreline Preservation Committee and he found out the County now has a spot on their website where derelict vessels can be reported. It is not easy to move the derelict vessels, but this can help the County to get the process started. 15. PUBLIC HEARINGS A. Second Readine for Ordinance No. 0-24-19 — Proposed Amendment of Citv Code Chanter 2 Concerninp, Procurement of Goods and Services The City Attorney read the title of Ordinance No. 0-24-19. The Contracts and Procurement Manager reviewed that the first reading of Ordinance No. 0-24-19 took place on November 4, 2024. This is now the second reading. She said she was glad to answer any questions and review the proposed changes. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve Ordinance No. 0-24-19. Mayor McPartlan asked for public input and there was none. Roll call: Mayor McPartlan - aye Council Member Nunn - aye Council Member Dodd - aye Council Member Dixon - aye Vice Mayor Jones - aye Motion carried. 5-0 B. Second Readinu for Ordinance No. 0-24-20, Makinp- Textual Amendments to Chanter 74 of the Code of Ordinances. Parks and Recreation The City Attorney read the title of Ordinance No. 0-24-20. The Parks and Recreation Director stated this is the second reading of Ordinance No. 0-24-20, and he was glad to answer any questions. Council Member Dodd noticed a lot of people in the park that were using vape pens while he was at the Clam Bake and he wondered how this ordinance prohibiting all forms of tobacco and electronic smoking devices would be enforced in the City. The Parks and Recreation Director said it is better to have the prohibition codified in order to make expectations clear to be able to enforce it. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve Ordinance No. 0-24-20. Mayor McPartlan asked for public input and there was none. Roll call: Council Member Nunn - aye Council Member Dodd - aye Council Member Dixon - aye Vice Mayor Jones - aye Mayor McPartlan - aye Motion carried. 5-0 41 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 21 16. UNFINISHED BUSINESS — None. 17. NEW BUSINESS A. Citv Council Reconsideration of Ordinance No. 0-24-17 The City Attorney reviewed that at the October 16, 2024 City Council Meeting asked for Ordinance No. 0-24-17 to be brought up again for reconsideration. Ordinance No. 0-24-17 was adopted on September 25, 2024 upon a second and final reading and a public hearing, and it became final after 10 days. If the Council decides to move forward with reconsideration, a new ordinance will need to be brought forward that will rescind Ordinance No. 0-24-17. The City Attorney clarified that the procedure for Council tonight would be to have a discussion on whether to make a motion to reconsider Ordinance No. 0-24-17, and this discussion was not a public hearing asking for public input. If Council decided to move forward with a new ordinance to rescind Ordinance No. 0-24-17, then a public hearing and notice would be required when the new ordinance is brought forward. MOTION by Council Member Dodd and SECOND by Council Member Dixon to reconsider Ordinance No. 0-24-17. Roll call: Council Member Dodd - aye Council Member Dixon - aye Vice Mayor Jones - nay Mayor McPartlan - nay Council Member Nunn - nay Motion failed. 3-2 B. Consideration of Plavaround Desian and Surface Tvue for Bryant Court Park Plav2round and the Issuance of a Purchase Order not to Exceed $75,000.00 to Miracle Recreation Eauinment Co. and Provide Authoritv for Execution to the Citv Manager or Designee The Parks and Recreation Director showed Council a photo of the existing conditions of the Bryant Court playground. He reviewed the details of the proposed new playground and asked for their approval of the new playground equipment. He also asked Council to consider the type of surface to be placed on the ground underneath the equipment, either artificial turf or mulch. The artificial turf meets ADA requirements, is easier to maintain, and it should last longer than mulch. He stated that the Parks and Recreation Advisory Committee met on November 18, 2024 and their consensus was for the artificial turf. The $75,000 price includes the purchase of the equipment and the installation. The City Manager pointed out that the equipment will include an ADA accessible swing, an infant swing, and two saddle swings for older children. Council Member Nunn asked if the playground equipment could be turned in a different direction than what is shown in the photo. He pointed out the benefit of a parent being able to watch a couple of children on both pieces of equipment at the same time. The Parks and Recreation Director anticipates the equipment would be turned and set up differently than the picture because of where the shade is at Bryant Park. Council Member Nunn has noticed that the artificial turf he has seen has been holding up well and he thinks it is better than the mulch. ►.y; Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 22 Council Member Dixon asked about the maintenance of the seams. She was concerned about liability issues for the City. The Parks and Recreation Director explained that moisture from rain causes decay of the threads that hold the seams together, so over time the seams have to be resewn. Other than brushing or blowing the turf every now and then, the resewing of the seams is the only maintenance. He believes the surface will be glued down, not put down with spikes. The ground underneath the artificial turf will be packed. Council Member Dodd reminded Council that the Parks and Recreation Advisory Committee members regularly inspect the parks on a monthly basis and they help Staff to identify maintenance issues before they become problems. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve the purchase and installation of this playground equipment at Bryant Park with the artificial turf surface. Mayor McPartlan asked for public input and there was none. Roll call: Council Member Dixon - aye Vice Mayor Jones - aye Mayor McPartlan - aye Council Member Nunn - aye Council Member Dodd - aye Motion carried. 5-0 MOTION by Council Member Dodd and SECOND by Council Member Nunn to extend the Council meeting until 10:00 p.m., if the time is needed, carried with a unanimous voice vote of 5-0. C. Consideration of a Purchase Order for Phoenix Tradine, Inc. in the Amount of $215,509.42 to Provide a Law Enforcement Patrol Vessel The Police Chief reviewed that the planned purchase of a law enforcement patrol vessel had been before Council previously and Staff is now asking for approval of the purchase order. Mayor McPartlan remembered this being discussed and approved during the Budget Meeting. Council Member Nunn reminded Council that a FIND grant had been approved to help with 50% the purchase cost. Council Member Dodd had seen the County's boat, which is similar, and he said it has fantastic capabilities. The Police Chief noted that the boat should last for decades. MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve the purchase of the law enforcement patrol vessel. Mayor Dodd asked for public feedback and there was none. Roll call: Mayor McPartlan - aye Council Member Nunn - aye Council Member Dodd - aye Council Member Dixon - aye Vice Mayor Jones - aye Motion carried. 5-0 D. Consideration of Direction on Pron_ osed Voluntary Commercial Annexation alone_ the U.S. Hiehwav 1 Corridor C [C] Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 23 The City Manager reviewed that at the July 10, 2024 Council had given direction for Staff to look into opportunities for commercial annexation of properties on the U.S. Highway 1 Corridor, including the areas from Barber Street North back up to 512 South. Staff believes the first step is contacting the property owners in these areas to request voluntary annexation. There are consulting funds available in the Community Development Fund and finding a consultant specializing in annexation may guide Staff in reaching out to property owners with a proposition that benefits the City as well as property owners. Staff would like direction from Council if they should continue to move forward with voluntary annexation. Mayor McPartlan asked if this meant Staff would go piece -by -piece in reaching out to property owners. The City Manager said Staff would like the advice of a consultant in order to address such questions and to know where to start the process. The recommended guidance would be brought before Council before specific actions were taken. Council Member Dodd said given the City's last experience with annexation in the 2018 or 2019 timeframe and also considering the public input tonight on the Habitat for Humanity issue, he would like to see more public outreach on what the City is trying to accomplish through annexation and how it would benefit the City and its residents. He mentioned that Indian River County has approved some things on the River that Sebastian City Council would not have approved. If the City wants to control what is going on in its surrounding areas, that goal can be met through annexation. Council Member Dodd stated that he does not disagree with the people that felt they were not notified about the transfer of City property to Habitat for Humanity because the City did not take any extra steps to reach out to residents on that. He does not doubt that it was a good decision for Sebastian, but meeting the statutory notification requirements is not always sufficient for residents to understand the good things that Council is trying to accomplish. Council Member Nunn said we need to make sure we have property owners that are interested in annexation before they hear negative ideas about it. MOTION by Council Member Dodd and SECOND by Council Member Nunn to authorize the City Manager to use funds to obtain the recommendations of an annexation consultant to reach out to property owners potentially interested in annexation and at the same time putting together a public outreach plan on what the City is trying to accomplish through annexation. Mayor McPartlan asked for public input. Terry McGinn recommended having a committee or a public workshop to get more public involvement in these processes. Roll call: Council Member Nunn - aye Council Member Dodd - aye Council Member Dixon - aye Vice Mayor Jones - aye Mayor McPartlan - aye Motion carried. 5-0 E. Council Discussion on House Bill (HB) 1379 Next Steps in Regards to Onsite Sewage Treatment and Disposal Svstems 44 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 24 The City Manager explained that at Council's direction, Staff has reviewed options on how to adequately comply with Florida House Bill (HB) 1379 requiring all properties within a Basin Management Action Plan to be connected to a central sewer system or upgraded to an enhanced nutrient -reducing onsite sewage treatment and disposal system (ENR-OSTDS) by 2030. He noted that the City Engineer has been with him at every meeting with the County discussing septic -to -sewer and she has presented three proposed remediation options. The City of Sebastian currently has 9,574 existing septic systems within the City limits. The map on page 639 details with red dots the septic systems that are in the process of being converted and the green shows systems that have already been converted to sewer. Everything that is in blue/purple are the systems that are not connected. This information came from the Department of Health. Ootion I would call for the conversion of all traditional septic tank systems to an enhanced nutrient reducing system, which is what HB 1379 requires when a sewer connection is not available and a septic tank fails inspection. The estimated cost is $220,202,000 for the 9,574 existing septic systems in Sebastian, or an estimate of $23,000 per home based on conversations with septic tank companies in the area. This would include a new drain field for each system which will likely be mandatory for a lot of homes. Staff requests direction from Council to seek out grant funding to assist residents with upgrading their septic systems. This becomes an immediate need once any current septic systems fail. Ot)tion 2 would be connecting homes with septic tanks to the Indian River County Utility existing sewer system where possible. Staff requests direction from Council to work with the County to coordinate funding, design, and construction of sewer connections within the City limits. This option will likely involve funding from the City to work together with the County. The efforts of Option 1 and 2 might need to be combined in order to create a long-term solution and to comply with HB 1379 by 2030. Ot)tion 3 would be constructing an additional wastewater treatment facility for the City of Sebastian. Staff requests direction from Council to investigate options with an existing interlocal agreement with Indian River County and to move forward with hiring a consultant for a Citywide assessment to determine the feasibility, design, and location of a City wastewater treatment facility. Such a study could cost up to $600,000, but might also help identify options for grant assistance. Council Member Dodd asks about possibly partnering with Fellsmere. The City Manager said he has previously had some discussions with Fellsmere. He believes they are currently considering the feasibility of a wastewater treatment facility on the west side of Fellsmere. If they considered a location on the east side of Fellsmere, closer to Sebastian, then a partnership might become a possibility. Council Member Dodd says that Fellsmere currently has an arrangement where they pump their wastewater to a lift station and pay for it to be processed by the County. The location of their wastewater treatment facility would not matter so much if we pumped it to them and paid them to process it for us. 45 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 25 He said the main issue is that the $220,202,000 will be absorbed by the residents of Sebastian no matter what because all of the septic tanks will have to be replaced. He thinks it is likely the 2030 date will have to be changed or extended, but this problem still has to be dealt with. Every year the cost of making this transition will increase for homeowners. There was additional legislation in 2020 that put the responsibility for this issue on the Florida Department of Environmental Protection (DEP). At some point DEP may be inspecting septic systems, and if a septic system gets condemned, it will have to be replaced. The least expensive way to deal with this as a City, without creating a wastewater treatment facility, is to put the infrastructure in so residents can be connected to a central collection system and the wastewater would be sold to somebody or made part of the County utility. Council Member Dodd thinks the first step is to have the City Attorney bring Council a resolution to send to Indian River County asking them produce their plan to connect the City to sewer based on the five steps of the 1994 interlocal agreement because in the fifth step the County had said they would put together a plan to connect the City to sewer within five years of the signing of the interlocal agreement. The second step would be to begin the process of trying to find grants to assist residents in this conversion and that might require hiring a separate grant writer with knowledge in this area. He also thinks we need a true legal opinion on what the potential issues are with the interlocal agreement. Right now, through the interlocal agreement, Sebastian has agreed that the County is the sole source for sewer service. If we take a different route, how will that impact the City if we breach our obligations under the interlocal agreement? Sebastian needs to officially communicate to the County through a resolution that we want a plan to get connected to sewer. He says this has only been unofficially communicated to the County in the past. Sebastian is considered to be their service area. The City created an interlocal agreement with the County in 1994. He thinks the County should give us some estimates on the cost. He does not want to spend $600,000 on a feasibility study until there is a response back from the County. Vice Mayor Jones said if the County is not holding up their end of the bargain, then Council needs to understand how it will legally impact the City to break this interlocal agreement. Council Member Dodd reminded Council that the City Attorney is authorized to bring on an attorney to evaluate the interlocal agreement, determine the obligations of the City and the County, and whether the agreement is enforceable. The problem of converting septic systems is going to get more expensive as time goes on because nearly the entire east coast and parts of the west coast of Florida are subject to the requirements of HB 1379. He thinks the costs might end up being double the current estimates, closer to $400 million. Council Member Nunn said the discussion has been good, but he reminds Council that they are running out of time left for the meeting. The City Attorney said if this is the direction from Council then she can reach out for assistance from outside counsel, Mr. Andrew Mai, to evaluate the interlocal agreement, unless they would prefer someone else. 46 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 26 Council agreed they would like to receive counsel from Mr. Mai and for a resolution to be brought to Council that specifically references the interlocal agreement and the County's obligation to produce a plan. F. Council Appointees to Indian River County and Regional Boards Council Member Dodd asked to be excused from the Treasure Coast Council of Local Governments, and he suggested Mayor McPartlan be on that Board. Mayor McPartlan committed to serve on the Treasure Coast Council of Local Governments on the first Wednesday of the month. Council Member Dodd asked if anyone was willing to serve on the Treasure Coast Regional Planning Council because he is more than willing to step down from that. He also needs an alternate for the Treasure Coast Regional League of Cities because they are having trouble getting a quorum sometimes. Mayor McPartlan agreed to serve as an alternate on the Treasure Coast Regional League of Cities. Council Member Dixon would be glad to serve, but these meetings conflict with her work schedule. Council Member Nunn says that it is impossible for him to have a Wednesday morning meeting at this time so he would like to step down from the Sebastian River Area Chamber of Commerce that meets at 8 a.m. on the second Wednesday of the month. Vice Mayor Jones agreed to attend the Sebastian River Area Chamber of Commerce meeting. Council Members will continue monitoring the County Commission meetings on the same rotating schedule. 18. CITY MANAGER MATTERS A. Discussion on Applving for Grant Funding to be Used in the Purchase of the Sembler Property Located at 1527 and 1528 Indian River Drive Next to the Working Waterfront The City Manager stated that Council had previously provided direction a few years ago, in the 2022 to 2023 timeframe, to have discussions and negotiations if these properties came on the market. At this time the property owners have expressed some interest in selling and therefore the City might consider pursuing a grant opportunity to purchase the property. This is a time -sensitive issue because the identified grant is due in January and two appraisals will be needed on the property so that the median of the appraisals can be used for the grant application. A 20% or 25% match of City funds would be needed, but this would provide a larger amount to obtain this property if we were awarded this grant. If the City is able to obtain these properties it will help ensure that nothing is developed on the waterfront next to the City's Working Waterfront property. The grant consultant is ready to go on this. It was the consensus of Council for the City Manager to move forward with the grant application. The City Manager asked about rescheduling or cancelling the December 4, 2024 City Council meeting due to several scheduling conflicts, possibly only having one Council meeting for the month on December 11, 2024, and cancelling the December 18, 2024 meeting. 47 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 27 It was the consensus of Council to have one meeting in December on December 11, 2024. The City Manager had one final item to discuss, the CRA Septic -to -Sewer and a request from the County for the City to pay for material costs, but since they are running out of time to complete tonight's meeting, he said this matter can be postponed until the next meeting. It was the consensus of Council to handle that issue at the next meeting. 19. CITY ATTORNEY MATTERS A. Discussion/Direction on Amendment of Time Limits for Public Input The City Attorney reviewed that at the October 16, 2024 Council gave her direction to consider amending the time limits for public speakers. Council Member Dixon said they would not still be conducting this meeting at almost 10:00 p.m. if they reduced the time limit. Council Member Nunn said he would like to give public speakers 3 minutes and a speaker could be given an extension if Council wanted. Council Member Dodd said that 3 minutes is more than is usually given to speakers at many City meetings. MOTION by Council Member Dixon and SECOND by Council Member Nunn to reduce the time limits for public input from 5 minutes to 3 minutes. Mayor McPartlan asked for public input and if anyone was on Zoom. No public input was given. Terry McGinn recommended having a committee or a public workshop to get more public involvement in these processes. Roll call: Council Member Dixon - aye Vice Mayor Jones - aye Mayor McPartlan - aye Council Member Nunn - aye Council Member Dodd - aye Motion carried. 5-0 20. CITY CLERK MATTERS — None. 21. CITY COUNCIL MATTERS A. Council Member Dixon said the Clam Bake was wonderful, and she thanked everyone for participating. B. Council Member Dodd — None. C. Vice Mayor Jones said he is looking forward to the Centennial Celebration. D. Mayor McPartlan thanked Council for giving him the opportunity to lead the City. E. Council Member Nunn wished a Happy Birthday to Sebastian. 48 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 28 22. Being no further business, Mayor McPartlan adjourned the Regular City Council meeting at 9:52 p.m. Approved at the December 11, 2024 Regular City Council meeting. Mayor Bob McPartlan ATTEST.• Jeanette Williams, City Clerk 49 CITY OF SEBASTIAN le'), jW FNTENNIAL CELEBRATION 1914 -1014 EXECUTIVE SUMMARY CITY COUNCIL STAFF REPORT DATE December 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement/Contracts Manager Consideration of a purchase order for Terry Taylor's Deland Nissan, Inc. in the amount of $31,959.00 to purchase a Nissan Frontier for the Building Department and provide authorization to the City Manager or designee SUBJECT to execute Staff is seeking approval to purchase a Nissan Frontier S King Cab 4x4 for the City of Sebastian Building Department. The current department budget has a designated amount of $77,500 for two new trucks this year. Staff selected a Nissan Frontier from Terry Taylor's Deland Nissan for the first truck purchase because it provided the lowest purchase price, is in stock, and will match the current fleet of building department trucks. The truck will be purchased using the Florida Sheriffs Association contract for equipment as a cooperative purchase. Cooperative purchasing is a procurement method whereby utilizing existing government contracts guarantees that the pricing and contract terms remain the same while the contract is active; this includes any contract extensions or renewals. In accordance with State of Florida procurement statutes and the City's Code of Ordinance Section 2-10(c)(2), the procurement procedures carried out by the awarding agency are equivalent to Sebastian's procurement process. At this time, Staff has determined that the recommended vendor is the most advantageous for meeting the City's needs. RECOMMENDATION On behalf of the City of Sebastian Building Department, the Procurement Division recommends that the City Council approve a purchase order for Terry Taylor's Deland Nissan, Inc. to purchase a Nissan Frontier for the Building Department and authorize the City Manager or designee to execute. ATTACHMENTS: 1. Procurement Justification 2. Terry Taylor's Deland Nissan Quote FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $31,959.00 $77,500.00 Building Department Operating Budget Additional Funds Needed: $ 0.00 50 ifio4SEENNBASTIAHCELEBRATION PROCUREMENT JUSTIFICATION A Competitive Solicitation is a formal process that requires sealed bids, provides an equal and open opportunity to qualified parties, and culminates in a selection based on criteria. A Competitive Quote is an informal process that provides an equal and open opportunity to qualified parties and culminates in a selection based on criteria. DATE: December 2, 2024 TYPE OF PURCHASE: ❑ Invitation to Bid (ITB) ❑ Request for Proposal (RFP) ❑ Request for Qualification (RFQ) ❑ Invitation to Quote (ITN) ® Piggyback/Cooperative ❑ 3 Written Quotes PROPOSED VENDOR: Terry Taylor's Deland Nissan, Inc. ITEMS OR SERVICES REQUIRED: Nissan Frontier S King Cab 4x4 ADDITIONAL INFORMATION The City of Sebastian purchases vehicles and equipment through the Florida Sheriffs Association cooperative contract. This proposed purchase complies with the piggyback/cooperative provisions as provided within Section 2-10 of the City code, in that the Florida Sheriffs Association contracts are competitively selected using procedures equivalent to those of the City of Sebastian. Digitally signed by Jaka V Q G1 -�lessica Graham ate: 2024.12.02 Approved: 13:38:53-05'00' Jessica Graham, Procurement/Contracts Manager Procurement (Rev. 08/2024) 51 IFLORIDA SHERIFFS ASSOC CONTRACT Terry Taylor's DELAND NISSAN Inc 2600 SOUTH WOODLAND BLVD DELAND, FL 32720 Ph: 386-734-3003 Fax: 386-734-5743 Attenti Dave Moore Fleet Superintendent Cell 386-801-4187 To: City of Sebastian From: Howard Williams Phone; 772-588-4895 (Cell) E-mail howardwilliams@cfl.rr.com Fax #: Pages: 1 Re: Date: 10/17/2024 E-mail dmoorea-citvofsebastian.ora, revised 11/27/2024 Bid #: FSA24-VEL32.0, Item: #179 District Central Model #: 32015 rder Code Description Price Base Compact CC Pickup Truck 4x4 Nissan Frontier S $ 34,096.00 Credit Delete to Frontier S Model King Cab 4x4 with all the 31015 following listed options available; $ (1,014.00) B92 Splash Guards $ 249.90 credit 2024 model for immediate delivery $ (1,372.90) White with Charcoal trim N/C I Total Vehicle Quote: 1 $ 31,959.001 52 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE December 11, 2024 }�- TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement/Contracts Manager SEBASTIAN SUBJECT Consideration of a purchase order for Coleman Fire < E N T E N N I A L C E L E B R A T I 0 N Protection, LLC in the amount of $36,500.00 to install a new 1924. iota dryline at the Working Waterfront and authorize the City Manager or designee to execute. EXECUTIVE SUMMARY In October, the City of Sebastian's Procurement Division issued a solicitation to replace the Working Waterfront Dryline, but no bids were received. As this project is critical to replace and bring the dry line up to the current codes, Procurement decided that re -issuing the solicitation was not in the City's best interest. Instead, Procurement requested the end user attempt to get competitive quotes. The Facilities Division requested quotes from Coleman Fire Protection, LLC and R&B Fire Sprinkler, Inc. We received a quote from Coleman Fire Protection, LLC, but R&B Fire Sprinkler, Inc. could not provide a quote. Due to the critical nature of this project and multiple attempts to obtain quotes, it is in the City's best interest to move forward with Coleman Fire Protection, LLC., as an extraordinary procurement. The certification of this as an extraordinary procurement is attached. RECOMMENDATION On behalf of the Parks, Recreation, and Facilities Department, the Procurement Division recommends that the City Council approve a purchase order for Coleman Fire Protection, LLC in the amount of $36,500.00 to install a new dryline at the Working Waterfront and authorize the City Manager or designee to execute. ATTACHMENTS: 1. Extraordinary Procurement Certificate 2. Coleman Fire Protection Quote 3. R&B Fire Sprinkler No Bid FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $36,500.00 $50,000.00 50% FIND Grant ($18,250) 50% CRA Budget ($18,250) Additional Funds Needed: $ 0.00 53 SEBASTIAN -(ENTENNIAL (ELEBRATION Extraordinary Procurement Certificate An Extraordinary Procurement Certificate is required whenever there is intent to have an exception made for an Emergency, Single Source or Sole Source purchase. Should the intended purchase not conform to at least one of the definitions below, refer to Threshold Requirements to determine the process for the purchase. An Emergency purchase is defined as an unexpected turn of events that causes immediate danger to public health, safety and public property; or an interruption of essential governmental services or City operations. A Single Source purchase is defined as the purchase of a required good/service from one source because of City standardization, warranty, or other distinctive factors (provide details). A Sole Source purchase is defined as having only one practical source for purchasing the required good/service (attach Sole Source Letter from vendor or manufacturer). Fully completed Certificates are subject to review and approval by the Procurement/Contracts Manager and City Manager. DATE: November 25, 2024 TO: Jessica Graham, Procurmenet/Contracts Manager DEPARTMENT HEAD: Richard Blankenship DEPARTMENT: Parks, Recreation, and Facilities ❑ Emergency TYPE OF PURCHASE: ❑✓ Single Source ❑ Sole Source PROPOSED VENDOR: Coleman Fire Protection, LLC ITEMS OR SERVICES Working Waterfront Dryline Replacement REQUIRED: JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: Procurement issued a solicitation, but did not receive any bids. Facilities reached out for quotes, but only one vendor responded. Multiple attempts were made to get competitive quotes, but we were unable to secure multiple quotes. --___-______CERTIFICATION OFAVAILABILITYWECESSITY I hereby certify that I have thoroughly reviewed the facts and circumstances of this requested purchase and that (1) the Department has an urgent need/emergency for the purchase of the goods/services and the emergency is such that a delay through the use of normal competitive procurement methods to acquire such good /services would not be in the public's best interest and would be detrimental to the City; (2) due to the City's standardization, warranty or other distinctive factors only one source is available or (3) the supplier of the goods/services requested is the sole source suppli��hard DN:1iya,�dM a a hip, Sa 11�C ON:cn='5P'rnkR'E',cWS,oCyM SeCastlan, ou=Parks. Recreatlon antl Faciltiea D-r, Blankenship 0a Submitted: �adp2491251� Date: Department Head Signature Digitally signed by J®aca V G� � Ttatsica Graham G� � bate: Approved: 2024.12.02 09:09:15-05'00' Date: Jessica Graham, Purchasing Manager Approved: Date: Brian Benton, City Manager Procurement (Rev. 10/2024) 54 �! S. AV I� ,I - 00, -' FIRE PROTECTION LLC PROPOSAL Date: November 20, 2024 CFP Proposal # Customer: City of Sebastian Address: Contact: Jim Testa Phone: 772-453-9722 1 Cell: Project: Working Waterfront Dry Line Replacement Location: Sebastian, FL Owner: Arch./Eng.: Sheet #'s & Dates: Addenda (list): N/A EOR: I N/A 1 22-2023 Fax: (acquire and attach copy — Notice of Commencement) Coleman Fire Protection Inc. (CFP) proposes to furnish materials and labor as specified below at the prices stated below: Allowing CFP to commence work or preparation for work will constitute acceptance by Customer of this proposal. SCOPE OF WORK INCLUDED: CFP to provide Materials and Labor to install a new 2 %2" hose piping main and three hose stations with fire department valves. Scope of work is as follows: CFP to provide Design and permitting. CFP to provide demo of the existing fire line dock piping CFP to connect the existing system supply at the west end of the dock transfer to Plastic CPVC piping run the new piping in the web of the existing dock. CFP will transfer to galvanized steel piping at the three points for the hose valve locations. All these stations will be galvanized pipe and fittings to try to provide a corrosion resistant station. Pricing is based on working during normal working hours 7:OOAM to 3:30PM PRICING IS BASED UPON: The City of Sebastian strictly understands that there is no corrosion -proof product provided in this installation. The City of Sebastian understands this to be an alternate installation to try and reduce the corrosion resistance to the piping in this very corrosive atmosphere. The use of CPVC is not listed for this installation, and the manufacturer will more than likely not warranty this installation if product does not hold up to the corrosive atmosphere. The Seller will only warranty this for installation and not this product for a period of one year. 55 2. This proposal is subject to acceptance by Buyer for thirty (30) days, after which time, at the option of the Seller, it becomes null and void due to material market increases coming out monthly. 3. This pricing is strictly based in working during normal working hours and day's night work, and weekend work is not provided. 4. CFP will provide the first coat of paint on all the hose stations. It will be the owners responsibility to maintain painting of these hose stations once a year for preventative 5. NOTE: Attachments referenced by project name and CFP proposal # and dated, shall be incorporated completely as if written herein. However, excluding: ❑ Failure of existing system during Fill -up or damage as result thereof. ❑ Electrical wiring Electrical Demo of any kind ❑ Raising of piping ❑ Relocating of piping ❑ Fire Watch ❑ Shutdown Fees ❑ Fire extinguishers ❑ Night, or Weekend work Adequacy of water supply Terms Of Pavment: Payment shall be made on the Tenth (loth) day of each month in the sum of ninety percent (90%) of the work installed and of the materials delivered and stored at the jobsite, in the month immediately preceding, and the balance thirty (30) days after completion of the work Proposal Based On: This proposal is subject to CFP terms and conditions (Copy Attached) Coleman Fire Protection complies completely with the Florida Construction Lien Law and the New Construction Prompt Payment Law (Section 715.12) Base $36,500.00 Thirty -Six Thousand Five Hundred Dollars Ouote/Bid: Fl? schedule of values. Coleman Fire Protection LLC. Sales Representative: Jokv�, CoLeVA2w Office:321-914-0861 Fax: 321-733-1297 Cell: 321-508-2767 Accepted by: Title: Date: * Subject to acceptance within 30 calendar days, conditions of this proposal and approval of Customer's credit by CFP. 56 Jessica Graham From: James Testa Sent: Wednesday, November 20, 2024 11:53 AM To: Richard Blankenship Cc: Jessica Graham; Paul Chapline Subject: FW: Dry Standpipe Richard Please see the Email from R&B Sprinkler. Thank you Jim From: Brian . <brian@randbfire.com> Sent: Wednesday, November 20, 2024 11:32 AM To: James Testa <JTesta@CityofSebastian.org> Subject: Dry Standpipe CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY attachments or clicking on links. ESPECIALLY from unknown senders. Jim, I am sorry to say we are unable to provide a quote for installation for this project at this time. If you have any questions please feel free to contact me. �wia�t /�c/�eeuew Brian McKeever R&B Fire Sprinklers, Inc Office: (321)722-2660 Mobile:(321)302-9924 brian@randbfire.com This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. i 57 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE December 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director Consideration of Resolution R-24-70 - authorizing submission of Land and Water Conservation grant for renovations to Main Street/ Hardee Boat Ramp and approve SUBJECT the City Manager to execute all appropriate documentation. EXECUTIVE SUMMARY The City of Sebastian Main Street/Hardee Boat Ramp is in need of renovations. The highest priority at this point in time is dredging the area in front of the ramp so that vessels can properly stage, launch, and be retrieved. The City was awarded a Florida Inland Navigation District grant for the design and permitting of the renovations. The Land and Water Conservation Fund has a grant opportunity that could fund the improvements. Staff request consideration of submission of a grant application for $200,000.00 with a $200,000.00 match from City of Sebastian funds. The match is budgeted in the Five -Year CIP within several projects in the CRA, Working Waterfront, Swing and Bench Park and Main Street/ Hardee Boat Ramp. RECOMMENDATION Approval of submission of Land and Water Conservation Fund grant for renovations to the Main Street/ Hardee boat ramp and execution by the City Manager. ATTACHMENTS: 1. Resolution No. R-24-70 FUNDING SOURCE: Expenditure required $400,000.00 Additional Funds Needed: $ 0.00 Amount Budgeted: Funding source 50% LWCF Grant $200,000 $200,000.00 50% CRA $150,000 and FIND Grant $50,000 58 RESOLUTION NO. R-24-70 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE SUBMISSION OF A GRANT APPLICATION TO THE LAND AND WATER CONSERVATION FUND FOR RENOVATIONS TO MAIN STREET/HARDEE BOAT RAMP; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida Land and Water Conservation Fund has an opportunity for funding; and WHEREAS, the Main Street/ Hardee Boat Ramp is in need of repair and renovations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS. The above recitals are hereby adopted. SECTION 2. CONFLICT. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect upon adoption. The foregoing Resolution was moved for adoption by Council Member Motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Fred Jones Council Member Ed Dodd Council Member Kelly Dixon Council Member Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 1 lth day of December, 2024. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA wo Bob McPartlan, Mayor Approved as to Form and Legality for Reliance by the City of Sebastian Only: ma Jennifer Cockcroft, City Attorney 59 CITY OF SEBASTIAN SEBASTIAN ENTEMAL CELEBRATION 1914 -1014 CITY COUNCIL STAFF REPORT DATE December 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk SUBJECT Citizens Budget Review Advisory Board EXECUTIVE SUMMARY The Citizens Budget Review Advisory Board is comprised of nine members: Five individual Council appointees; two who are appointed by Council at -large, and two who are appointed as alternates. The five members appointed by Council serve the same two-year term as the Council Member who appoints them; the two at -large members serve until the new election; and the two alternates serve a three- year term. The terms of the two at -large members have expired and depending on who is chosen, there might be two alternate member positions to fill. In response to the City Clerk's advertisement to seek new appointees, the following volunteers have indicated an interest in serving: Grace Reed (current alternate member, would like to be at -large member) Scott Baker (new applicant) Roy Garton (new applicant) Susan Jacob (new applicant) RECOMMENDATION Re-elected Council Members Dodd and Dixon may individually confirm their appointees and then Council as a whole may choose two at -large members and two alternate members. ATTACHMENTS: 1. Applications 2. Board Member List 3. Vacancy Announcement FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A 60 On 4_11 SEBAS � � HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: --fo(LACC M _ -RC tD Address: q 2-S f JTU M A C A U l: City: `J C &I ') F7 A PJ State: F_ Zip. 3 Z 4 D Telephone:( g 3 LI ) t741 - 19a,3 E-Mail Address: 9noi r e-e et p Q cv /. c otr Employer: !'2i tro- e City: State: Zip: — Business Telephone: I am interested in serving on the following boards)/committee(s): 1" Choice: 13L L d qf t d LA W(14 t!UM- 2"• Choice: CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION' •• POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD Vilingof finandol disclosure is required following appointment "Must be resident one year prior to application. 61 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Ct- C o e_ U lJl 51(3r . 2L'% t,( r5 ?1r,F-fJ40u5 M�(vi�k/" F�SSvcca�l� o� ��r����ci T��rtcl �tt/C7L1! T Why do you want to serve on this board? )elkty5�d in 4Q 1 n , a5 � i�}Irp a � iiO w 0 c4 L-#- �`� qno�( qt' liz a4 h� `� • -..�� `�'� c.VO�Ct i5 t� r � iClLtca��C�1 Cx..r1 cat �ia'�'. Ro- 01 it—� y 1 1 (1 S Glt YL C( Q S t-t- 9l td P -�Tl co S (.JYl.I. Do you presently serve on another City Board or Committee? L if yes, please list: c '" j�,� t► (r'.. ;-I-t ,,, , Have you previously served on any other City Board or Committee? (-+C S If yes, please list:.... I'i ci Atir Re u Leui C a m Ck7C�, I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. i give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption), If required for this board, I consent to the annual filing of the Statement of Financial interests, h"o://www.ethics.state.fl.us/ethics/forms htmi if appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Parr 111) and Florida Sunshine law (Florida Statutes, Chapter 286) Statutes may be reviewed at htti)://www.flsenate.eov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: lac, k e-4 Date: 1 7 lot., Z, 04 •�- Date Received by City Clerk's Office 1 /7-6 by:�r/���? Q 62 CRY of SEAT" ;;Mmw�w HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Address: Zip: 3 29 S E E-Mail Address: Employer: City: 5co-i-T f3A14Ef_ $6 1 Qn L4-D1 0 t-A A'J Fz City: �r+�sTl� State: FL Telephone: ( ?72- ) 7t1S SCn1-77-8 33333(9) CGi.•t^i<,cd� A16 21 RAC Business Telephone: ( ) - State: I am interested in serving on the following boa rds)/committee(s): 1st Choice: $uairtT xavf IEW 2nd Choice: P Z M CHARTER REVIEW COMMITTEE (serves only six months, every five years — next formation in 2025) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD 'Filing of financial disclosure is required following appointment 63 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) STi2aN C� 3 V D 4 PL04NI41 N C, ► -& P'1z(LI tL-4CI: 5*a-1 iJG AS tvN^44 i4 Z4 aac 2 + e FF1 L G. rZ .0 F M A-r4.V r- 9R1.II r S . Six C&) S if--xPta1►-A OE W1r14 b A4Fz', PLAmP41.#JG - C- 17-'� v H 5fZ-641 71 AA A►2P14R? DI/'t6cTVa- t- P4J&U t=A-L1LtT1nS Z>1R-Ja c.D Why do you want to serve on this board? s k lic' cu m y W14-tk-E A 24- VR 1:&M1 4Uc^1C. FA-Ml8-t4ittt'1vj,1 To -Mti -1>tscuSSio4 : A-$0,cE Do you presently serve on another City Board or Committee? N O If yes, please list: Have you previously served on any other City Board or Committee? N O If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htto://www.ethics.state.fl.us/etliics/fori-ns.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htti)://www.flsenate.pov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: S Date Received by City Clerk's Office by: Date: 5-29 - Z,- 2-z - 64 cnv or SEBAST" HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: 1 Address: %l'C// eve, n✓, < . P -20.3 City: �'�'6as Zip: 3_� %1f Telephone: (Q 3 E-Mail Address: J'n.,croN7c,� -7304 y�n�a._/, ��•--. Employer: /?,,, ',� �1 City: State: Zip: Business Telephone: ( ) - I am interested in serving on the following board(s)/committee(s): State: /--,/ 1st Choice: C if . Z.IwJ' (3od,, 7 k Pc, t v V t. f,>cr J 2"d Choice: pa-,- $ / P C CHARTER REVIEW COMMITTEE (serves only six months, every five years — next formation in 2025) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD 'Filing of financial disclosure is required following appointment 65 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Yo/ YJl/ A•s A' / O/ " I O JC d5 /' h e 9 c u ✓t�2 p - <IC Why do you want to serve on this board? c� / -r �. ✓ C d 1 �.� Z .,sr- Z el- i �� , STn . `r c c& x �l,-P rnNil.Ln,rl� n l.L4 4 Do you presently serve on another City Board or Committee?� If yes, please list: Have you previously served on any other City Board or Committee? Ale If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htto://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part Ill) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htto://www.flsenate.Rov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: !7;'�Z Date: Date Received by City Clerk's Office 9 / /-f1zUZ'q by: 6ul'i" 66 cTnroF SEBASTLkN HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Su Address: J wl/� City: State: 1 c G Zip: 2C Telephone: E-Mail Address: don ©'yY�II `C � Employer: Dl City: Business Telephone: ( State: Zip: I am interested 'nss�e-rvingo�n the following board(s)/committee(s): 151 Choice: 2nd Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years - next formation in 2025) r , CITIZENS BUDGET REVIEW ADVISORY BOARD l CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment 67 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) 1 4m -Mle kb- "T1,V W11�2 e a Zu6te rumor L**- r--)c L"I I e,M C40 0 Veo 47 *41, Ak 61�L CdL -rR J I Gay, 2. Why do you t to serve on this board? v � wan� G�.GL,� l •� l ! I,f� l , Do you presently serve on another City Board or Committee.? If yes, please list: Have you previously served on any other City Board or Committee? ! V If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 11Z Part lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.flsenate.eov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any fZatemeis or omissions from this application may be cause for my application not to be considered.Signature of ApplicantDate:Date Received by Cityq( `7 (ZUZZ4 by: W� CITIZENS BUDGET REVIEW ADVISORY BOARD The Citizens Budget Advisory Review Board is comprised of 9 members, 5 of who are individual Council appointees; 2 of who are appointed by Council at -large; 2 who are appointed as alternates. The 5 members appointed by Council serve the same term two-year term as the Council member who appointed them; the 2 at -large members serve one year until the next election; the two alternates serve three years terms. MEMBER NAME AND ADDRESS APPOINTED BY TERM Larry Napier Chair Council Member 11/2024-11/2026 163 Harris Drive Dodd term to expire at the end of Dodd's Sebastian, FL 32958 term in 2026 larrvnaoierO.outlook.com (772) 388-2070 Bruce Hoffman Council Member 1/2024-11/2026 203 Chello Avenue Dixon term to expire at the end of Dixon's Sebastian, FL 32958 term in 2026 62bmhoffman anhotmail.com (772) 913-3187 Harry Hall Vice Mayor Jones 11 /2021-11 /2025 214 Joy Haven Drive term to expire at the end of Jones' Sebastian, FL 32958 term in 2025 harrvndeena.hotmail.com (772) 581-1893 Terry McGinn Mayor McPartlan 11/2021-11/2025 144 Miller Drive term to expire at the end of Sebastian, FL 32958 McPartlan's term in 2025 temcainn(d)..vahoo.com (215) 723-4333 Bill Middleton Council Member 02/2023-11/2025 116 Karrigan Street Nunn term to expire at the end of Nunn's Sebastian, FL 32958 term in 2025 Mhreoair116(@gmail.com (772) 766-4415 Vacant Additional Member Term to expire November 2025 Vacant Additional Member Term to expire November 2025 Grace Reed 925 Potomac Avenue Sebastian, FL 32958 cirm reed O)aol.com (434) 941-1830 Vacant Alternate Member (casts vote if first council appointee or at -large member is absent) Alternate Member (casts vote if second council appointee or at - large member is absent) Code 2-223 provides City Manager is an ex-officio Member Term to expire January 2027 Term to expire January 2024 4 regular or at -large members are needed to make a quorum. In the event a regular or at- large member cannot make the meeting, an alternate step in. 70 August 27, 2024 SEBASTIAH (INT[$01AI (1118RA110N 1911 •1014 CONTACT: JEANETTE WILLIAMS 388-8215 Press Release Citizens Budget Review Advisory Board Two At -Large Positions and One Alternate Position The Sebastian City Council is accepting applications for two at -large members and one alternate member on the Citizens Budget Review Advisory Board. The term of the at -large positions would be until November 2025. The term of the alternate position would be until November 2027. This Board meets as necessary in Council Chambers, 1225 Main Street, Sebastian, to assist in the City's budget preparation and review process; then makes recommendations to the City Council prior to the first budget hearing for each fiscal year. These are volunteer positions and applicants must have been a City resident one year prior to application. Applications are available in the City Clerk's Office, City Hall, 1225 Main Street, Sebast an between the hours of 8:00 am and 4:30 pm or online at www.citvofsebastian.orq and will be accepted until November 15, 2024. 71 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 EXECUTIVE SUMMARY CITY COUNCIL STAFF REPORT DATE December 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jennifer Cockcroft, City Attorney First Reading of Ordinance 0-24-21 amending the City of Sebastian Code of Ordinances, Section 2-33(h)(B) — Additional Meeting Procedures Adopted; Procedures for Public Input; Scheduling Second Hearing for January 8, SUBJECT 2025. At the regular City Council meeting on November 20, 2024, the City Council held a discussion regarding amending the time limits for public input during City Council meetings. The City Attorney was given direction to bring back an item to amend the Code of Ordinances and related procedures to reflect a change to meeting procedures and provide that public input be changed from a limit of five minutes to a limit of three minutes, with the option to extend to five minutes by a majority affirmative vote of the City Council. Proposed Ordinance 0-24-21 provides for amendment of the City Code of Ordinances, repealing and rescinding any prior ordinances, resolutions, policies or in conflict therewith. RECOMMENDATION The City Attorney recommends City Council hold a first reading and public hearing on Ordinance 0-24- 21, amending the City of Sebastian Code of Ordinances, Section 2-33(h)(B) — Additional Meeting Procedures Adopted; Procedures for Public Input and set a second reading/public hearing for January 8, 2025. ATTACHMENTS: 1. November 20, 2024 City Council minutes 2. Proposed Ordinance 0-24-21 3. Business Impact Estimate — Public Input Time Limit FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A Additional Funds Needed: $ 0.00 72 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 27 It was the consensus of Council to have one meeting in December on DgvenbefTl , 2024. 1�;ewZifrto City Manager had one final item to dis RA Septic -to -Sewer and a request from the ty for the City to pay fo a costs, but since they are running out of time to complete t's meeti t this matter can be postponed until the next meeting. It was the consensus handle that issue at the next in 19. CITY ATTORNEY MATTERS A. Discussion/Direction on Amendment of Time Limits for Public Input The City Attorney reviewed that at the October 16, 2024 Council gave her direction to consider amending the time limits for public speakers. Council Member Dixon said they would not still be conducting this meeting at almost 10:00 p.m. if they reduced the time limit. Council Member Nunn said he would like to give public speakers 3 minutes and a speaker could be given an extension if Council wanted. Council Member Dodd said that 3 minutes is more than is usually given to speakers at many City meetings. MOTION by Council Member Dixon and SECOND by Council Member Nunn to reduce the time limits for public input from 5 minutes to 3 minutes. Mayor McPartlan asked for public input and if anyone was on Zoom. No public input was given. Terry McGinn recommended having a committee or a public workshop to get more public involvement in these processes. Roll call: Council Member Dixon - aye Vice Mayor Jones - aye Mayor McPardan - aye Council Member Nunn - aye Council Member Dodd - aye Motion carried. 5-0 20. CITY CLERK MATTERS — None. 21. CITY COUNCIL MATTERS A. Council Member Dixon said the Clam Bake was 1, and she thanked everyone for participating. B. Council Member C. mayor Jones said he is looking forward to the Centennial Celebration. D. Mayor McPartlan thanked Council for giving him the opportunity to lead the City. E. Council Member Nunn wished a Happy Birthday to Sebastian. 73 ORDINANCE NO.O-24-21 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE AMENDMENT OF THE CITY OF SEBASTIAN CODE OF ORDINANCES, SECTION 2.33(h)(B) — ADDITIONAL MEETING PROCEDURES ADOPTED; PROCEDURES FOR PUBLIC INPUT; PROVIDING FOR THE RESCISSION OR REPEAL OF ALL OTHER ORDINANCES, RESOLUTIONS, POLICIES, PROCEDURES AND ANY PARTS IN CONFLICT THEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Charter of the City of Sebastian enables and empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction on City Council meeting procedures to provide for the orderly, efficient and appropriate manner of conducting public business during its meetings; and WHEREAS, at this time, the City Council wishes to amend such procedures in order to ensure an orderly, efficient means of conducting public business in the public interest; and WHEREAS, it is in the best interest of the health, safety and welfare of the citizens of the City of Sebastian to rescind and repeal any existing Ordinances, Resolutions, Policies or Procedures in conflict herewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS: SECTION 1. INCORPORATION OF WHEREAS CLAUSES. The above "Whereas" clauses are hereby incorporated by reference as though fully set forth herein. SECTION 2. AMENDMENT OF CITY CODE OF ORDINANCES, SECTION 2.33(h)(B)- ADDITIONAL MEETING PROCEDURES ADOPTED, PROCEDURES FOR PUBLIC INPUT. The Code of Ordinances, City of Sebastian, Florida is hereby amended as follows: Chapter 2 — ADMINISTRATION Article II —CITY COUNCIL 74 Section 2.33. — Additional Meeting Procedures Adopted. (h) PROCEDURES FOR PUBLIC INPUT. B. Procedures for All Public Input. 1. Time Limit. Individuals who wish to address the City Council on any agenda items where public input is permitted on agendas are allowed €tee three minutes to speak on that item; however, City Council may extend or terminate an individual's time by majority vote of Council members present to five minutes. SECTION 3. CONFLICTS - REPEAL/RESCISSION. All prior Ordinances, Resolutions, Policies, Procedures or any parts thereof in conflict herewith are hereby repealed and rescinded. SECTION 4. CODIFICATION - INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the City Council of the City of Sebastian that the provisions of this Ordinance shall become and be made a part of the City of Sebastian's Code of Ordinances, and that the Sections of the Ordinance may be renumbered or re -lettered and that the word Ordinance may be changed to section, article, regulation, or other such appropriate word or phrase in order to accomplish such intentions. SECTION 5. SEVERABILITY. The provisions of this Ordinance are intended to be servable. If any provision of this Ordinance is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in full force and effect. SECTION 6. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption. The foregoing Ordinance was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Fred Jones Council Member Kelly Dixon Council Member Ed Dodd Council Member Christopher Nunn 2 75 The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2025. CITY OF SEBASTIAN, FLORIDA Bob McPartlan, Mayor ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Jennifer Cockcroft, Esq., B.C.S. City Attorney 3 76 CITY OF Sf]3ASTj4&]N HOME OF PELICAN ISLAND Business Impact Estimate This form should be included in agenda packet for the item under which the proposed ordinance is to be considered, and must be posted on the City's website by the time notice of the proposed ordinance is published. Proposed ordinance's title/reference: ORDINANCE NO. 0-24-21 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE AMENDMENT OF THE CITY OF SEBASTIAN CODE OF ORDINANCES, SECTION 2.33(h)(B) — ADDITIONAL MEETING PROCEDURES ADOPTED; PROCEDURES FOR PUBLIC I\PUT; PROVIDING FOR THE RESCISSION OR REPEAL OF ALL OTHER ORDINANCES, RESOLUTIONS, POLICIES, PROCEDURES AND ANY PARTS I\ CONFLICT THEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. The City is of the view that the following exception(s) to the Business Impact Estimate requirement apply that are checked off in a box below apply to the above referenced proposed ordinance, although the City is implementing the procedure required by statutory law to ensure that no inadvertent procedural issue could impact the enactment of the proposed ordinance. ❑ The proposed ordinance is required for compliance with Federal or State law or regulations; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant, or other financial assistance; ❑ The proposed ordinance is an emergency ordinance; 11Page 77 ❑ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulations; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include statement of the public purpose, such as serving the public health, safety, morals, and welfare): AMENDMENT TO THE CITY CODE OF ORDINANCES; RELATING TO AMENDING THE TIME LIMIT FOR PUBLIC INPUT. 2. Estimate of direct economic impact of the proposed ordinance on private, for -profit businesses in the City: $0 3. Estimate of direct compliance costs that businesses may reasonably incur: $0 4. Any new charge or fee imposed by the proposed ordinance: $0 5. Estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs: $0 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 0 2 1 P a g e 78 7. Additional information (if any, but may wish to include the methodology used to derive information for #1 and #2, above. For example: City staff solicited comments from businesses in the City as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on City website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses based on feedback from businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not impose costs only upon businesses.): THE PROPOSED ORDINANCE IS A GENERALLY APPLICABLE ORDINANCE THAT APPLIES TO ALL PERSONS SIMILARLY SITUATED (INDIVIDUALS AS WELL AS BUSINESSES) AND, THEREFORE, THE PROPOSED ORDINANCE DOES NOT IMPOSE COSTS ONLY UPON BUSINESSES. 3 1 P a g e 79 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE December 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement/Contracts Manager Consideration of purchase orders for MWI Corporation not to exceed $80,000.00 to provide repair services for the Stormwater Division submersible pumps and authorize the SUBJECT City Manager or designee to execute. EXECUTIVE SUMMARY MWI Corporation (MWI) designed and installed submersible pumps at the current Stormwater Treatment Facility approximately twenty years ago. The submersible pumps are used to lower the levels of the canals. The water from the canals is funneled to the Stormwater Treatment Area, which will remove nitrogen, phosphorous, sediments, and suspended solids. The process ensures the City's canals and swales continue to move water through the City instead of settling in areas that lead to flooding. As MWI was the manufacturer of the pump, the City of Sebastian's Stormwater Division reached out to MWI to pull the submersible pumps, disassemble them, and provide a quote for the repairs. The pumps were pulled for preventative maintenance, but critical repairs are needed to ensure the pumps will continue to function as intended. MWI will repair and re -install two pumps for a total of $50,056. The third pump will be removed once the two pumps are re -installed, and preventative maintenance/repairs will be performed. Staff anticipates a repair/re-installation cost of approximately $26,000 for the third pump. The not -to -exceed amount of $80,000 should cover the repair and re -installation of all three PUMPS. Due to the need to utilize the manufacture of the pumps, this procurement is suggested to be approved as extraordinary procurement in order to meet the relevant codes and Florida Statutes for public governmental purchases. The extraordinary procurement certificate is attached in the backup. RECOMMENDATION On behalf of the Stormwater Division, the Procurement Division requests that City Council approve purchase orders for MWI Corporation not to exceed $80,000.00 to provide repair services for submersible pumps for the Stormwater Division and authorize the City Manager or designee to execute. ATTACHMENTS: 1. Extraordinary Procurement Certificate 2. MWI Corporation Quote 80 FUNDING SOURCE: Expenditure required: Amount Budgeted: $80,000.00 $38,365.00 Additional Funds Needed: Not to exceed $ 41,635.00 Funding source: Discretionary Sales Tax Fund Reserves -a SEBASTIAN -(ENTENNIAL (ELEBRATION Extraordinary Procurement Certificate An Extraordinary Procurement Certificate is required whenever there is intent to have an exception made for an Emergency, Single Source or Sole Source purchase. Should the intended purchase not conform to at least one of the definitions below, refer to Threshold Requirements to determine the process for the purchase. An Emergency purchase is defined as an unexpected turn of events that causes immediate danger to public health, safety and public property; or an interruption of essential governmental services or City operations. A Single Source purchase is defined as the purchase of a required good/service from one source because of City standardization, warranty, or other distinctive factors (provide details). A Sole Source purchase is defined as having only one practical source for purchasing the required good/service (attach Sole Source Letter from vendor or manufacturer). Fully completed Certificates are subject to review and approval by the Procurement/Contracts Manager and City Manager. DATE: November 26, 2024 TO: Jessica Graham, Procurement/Contracts Manager DEPARTMENT HEAD: Lee Plourde, Public Works Director DEPARTMENT: Public Works ❑ Emergency TYPE OF PURCHASE: ❑✓ Single Source ❑ Sole Source PROPOSED VENDOR: MWI Corporation ITEMS OR SERVICES Repair submersible pumps REQUIRED: JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: MWI Corporation (MWI) designed and installed submersible pumps at the current Stormwater Treatment Facility approximately twenty years ago. As they are the manufacturer, they are authorized to provide diagnostic and repair services. OFAVAILABILITY/NECESSITY I hereby certify that I have thoroughly reviewed the facts and circumstances of this requested purchase and that (1) the Department has an urgent need/emergency for the purchase of the goods/services and the emergency is such that a delay through the use of normal competitive procurement methods to acquire such good /services would not be in the public's best interest and would be detrimental to the City; (2) due to the City's standardization, warranty or other distinctive factors only one source is available or (3) the supplier of the goods/services requested is the sole source supplier. Lee Digitally signed by Lee Plourde DN: cn=Lee Plourde, -US, o=City Of Sebastian, —Public Works , P IQ LI r 10 emailion: Srdastial o orITtian.o g Date: Submitted: H Location: Sebastian Florida Department Mad Signatuie".zs,z:3°:,ass°° Digitally signed by p Jessica Graham as N,a n Date: 2024.11.26 Approved: 13:07:05-05'00' Date: Jessica Graham, Purchasing Manager Approved: Date: Brian Benton, City Manager Procurement (Rev. 10/2024) City of Sebastian Phillip Patnode 297 Englar Drive Sebastion FL 32958 Trash Pumps, Large Volume Pumps, RotoFlo' Wellpoint Dewatering Pump, Jet Pump and PrimeRite" Self -Priming Pump Rentals November 20, 2024 REF: Repair & Install 2 MWI SEA 330 S#4531 & S#4532 Dear Phillip, We propose the following pump repair, which includes the following components: MWI HAC S#4531 Reweld intake Rebalance impeller. Reweld distributer bladQ-w Welding where required. Replace cables. 4 Cable epoxy pour O rings Lip Seal Grease Seal Mechanical seals (2 each) T2 SC/qC Top Guide Bearing Thrust Bearing Desiccate bags Lubricants Re machine rotor / pump shaft back to factory specification Check shaft for straightness Dynamically balance the rotor. Shop test / Dry Run Grit blast exterior of pump and coat with two-part epoxy paint. Install All labor Transportation Crane PRICE: $24,328.00 MWI Rental Main Office 208 N.W. 1 st Street Deerfield Beach, FL 33441 Phone: (954) 427-2206 Fax: (954) 426-2009 PG1 MWI Rental Fort Myers 4945 Kim Lane NE Fort Myers, FL 33905 Phone: (239) 337-4747 Fax: (239)337-1331 MWI Rental Vero Beach 7775 S.W. 9th St. (Oslo Rd.) Vero Beach, FL 32968 Phone: (772) 770-0004 Fax: (772) 770-1096 MWI Rental Tampa 7905 Baseline Court Tampa, FL 33637 Phone: (813) 899-2863 Fax: (813) 899-2862 MWI Rental Orlando 9337 Bachman Road Orlando, FL 32824 Phone: (407) 854-3378 Fax: (407) 854-3376 MWI Rental Jacksonville 11000 Blasius Road Jacksonville, FL 32226 Phone: (904) 425-6741 Fax: (%4) 425-6744 83 Trash Pumps, Large Volume Pumps, RotoFlo' Wellpoint Dewatering Pump, Jet Pump and PrimeRite" Self -Priming Pump Rentals MWI HAC330 S#4532 Reweld intake Rebalance impeller. Reweld distributer blades Welding where required. Replace cables. 4 Cable epoxy pour O rings Lip Seal Grease Seal Mechanical seals (2 each) T2 SC/SC Top Guide Bearing Thrust Bearing Desiccate bags Lubricants Re machine rotor / pump shaft back to factory specification Check shaft for straightness Dynamically balancE the rotor. Shop test / Dry Run Grit blast exterior of Dump and coat with two-part epoxy paint, Install All labor Transportation Crane PRICE: $25,728.00 Sincerely, Tom Hyde MWI / Couch Pump Repair MWI Rental Main Office 208 N.W. 1 st Street Deerfield Beach, FL 33441 Phone: (954) 427-2206 Fax: (954) 426-2009 MWI Rental Fort Myers 4945 Kim Lane NE Fort Myers, FL 33905 Phone: (239) 337-4747 Fax: (239)337-1331 MWI Rental Vero Beach 7775 S.W. 9th St. (Oslo Rd.) Vero Beach, FL 32968 Phone: (772) 770-0004 Fax: (772) 770-1096 MWI Rental Tampa 7905 Baseline Court Tampa, FL 33637 Phone: (813) 899-2863 Fax: (813) 899-2862 MWI Rental Orlando 9337 Bachman Road Orlando, FL 32824 Phone: (407) 854-3378 Fax: (407) 854-3376 MWI Rental Jacksonville 11000 Blasius Road Jacksonville, FL 32226 Phone: (904) 425-6741 Fax: (%4) 425-6744 84 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE December 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement Manager SUBJECT Consideration of Amendment Two to the Agreement between the City of Sebastian and Conlon Landscaping, Inc. to amend the scope, increase the unit price, and authorize the City Manager to execute all appropriate documentation. EXECUTIVE SUMMARY On October 19, 2023, the City of Sebastian and Conlon Landscaping, Inc., agreed to a five-year contract for citywide swale improvements in conjunction with the roadway paving project. The Agreement included a provision that allowed sod and or fill removal during the grading process to be stockpiled at the City of Sebastian's site. The City does not have the space to store the truckloads of material or the manpower to process and dispose of them. We have worked with Conlon to revise their contract (see Amendment 2), so they are responsible for disposing of all excess sod or fill material from the grading process off -site. The current linear foot unit price of $16.50 will increase to $19.50 on January 1, 2025. Previously, we considered $130,000 worth of swale work per month. This amount includes the grading and replacement of sod if needed. With the price increase, the monthly amount increases to approximately $144,500. The Stormwater Division will need an additional 174,000.00 for FY 2024-2025 to cover the increase, and the increase will be budgeted into the remaining contract years. This cost adjustment covers Conlon's additional cost to dispose of the material off -site and is not additional profit or overhead. RECOMMENDATION On behalf of the Stormwater Division, Staff recommends that City Council approve Amendment Two to the Agreement between the City of Sebastian and Conlon Landscaping, Inc. to amend the scope, increase the unit price, and authorize the City Manager to execute all appropriate documentation. ATTACHMENTS: 1. ITB 23-15 Amendment 2 FUNDING SOURCE: Expenditure required $6,647,000 for the duration of the contract through 2028 $1,734,000 for FY 2024-2025 Amount Budgeted: $5,980,000 for the duration of the contract through 2028 $1,560,000 for FY 2024-2025 Additional Funds Needed: $ 174,000.00 for FY 2024-2025 Funding source Discretionary Sales Tax Fund Reserves 85 Docusign Envelope ID: D66D1C78-CB93-4D94-BBAO-FD205025782A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND CONLON LANDSCAPING, INC. This Amendment to the Agreement ("Amendment") is hereby made and entered into this 11th day of December 2024, between the City of Sebastian, Florida, a municipal corporation of the State of Florida, hereinafter referred to as the "City" Conlon Landscaping, Inc., ("Contractor"). WITNESSETH WHEREAS, the City and Contractor entered into an Agreement dated October 19, 2023, for the provision of Citywide Swale Improvements in Conjunction with Roadway Paving ("Agreement"); and WHEREAS, the Parties executed the First Amendment (erroneously named `Amendment Y) to the original Agreement on February 14, 2024, to amend the contract provisions; and WHEREAS, the Parties now desire to amend the original Agreement to amend the scope of work, and incorporate a rate adjustment. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree to the following: AGREEMENT 1. The above recitals are hereby found to be the intent of this Amendment. 2. The terms of the original Agreement are hereby restated and incorporated herein by this reference. In the extent of a conflict in terms, the terms of this Second Amendment shall supersede. 3. The attachment "Revised Bid Sheet For The City of Sebastian — Citywide Swale Improvements In Conjunction with Roadway Rehabilitation" shall be effective as of January 1, 2025 (Attached as "Exhibit A") 4. The following language shall be incorporated herein as an additional term of the original Agreement: MATERIAL DISPOSAL The contractor is responsible for disposing of all excess material (including, but not limited to, all sod, fill dirt, and quarter -round) from swale grading. Materials shall be disposed of off -site at the contractor's expense. 5. Except to the extent specifically provided above, this amendment shall not be interpreted or constructed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the original Agreement. Conlon Landscaping, Inc. Amendment Two Page I of 5 86 Docusign Envelope ID: D66D1C78-CB93-4D94-BBAO-FD205025782A 6. In all other respects except as modified herein, the terms of the original Agreement shall remain in force and effect. [Remainder of page left intentionally blank; Signature page follows] Conlon Landscaping, Inc. Amendment Two Page 2 of 5 87 Docusign Envelope ID: D66D1C78-CB93-4D94-BBAO-FD205025782A IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this third Amendment to be executed as of the date first written above. CONLON LANDSCAPING, INC. sp a by: `"'44JVfl fl'l.on I on Name: Title: President Date: 11/22/2024 1 10:03:59 AM EST ATTEST Jeanette Williams, MMC City Clerk For the use and reliance of the City of Sebastian only. Approved as to form and legal sufficiency. Jennifer D. Cockcroft, Esq. City Attorney Conlon Landscaping, Inc. Amendment Two CITY OF SEBASTIAN, FL By: Brian Benton City Manager Date: Page 3 of 5 Docusign Envelope ID: D66D1C78-CB93-4D94-BBAO-FD205025782A EXHIBIT A Conlon Landscaping, Inc. Amendment Two Page 4 of 5 :• Docusign Envelope ID: D66D1C78-CB93-4D94-BBAO-FD205025782A Revised Bid Sheet For The City of Sebastian — Citywide Swale Improvements In Conjunction with Roadway Rehabilitation NO. I Description 1. Earth/Site Work Grading Swale (from the edge of the pavement to the edge of the right of way) • Includes sod removal and quarter - round removal, if applicable • Includes disposing of all excess material (including, but not limited to, all sod, fill dirt, and quarter -round) off -site at the contractor's expense. 1.2 Site Restoration (Sod) — Bahia 1.3 Site Restoration (Sod) - Floratam Conlon Landscaping, Inc. Amendment Two Unit I Qty I Unit Price LF 1 400 1 SF 400 1 SF $19.50 $180.00 $240.00 Page 5 of 5 90