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HomeMy WebLinkAbout11-04-2024 CC MinutesSE INA-M SEBASTIAN CITY COUNCIL & BOARD OF ADJUSTMENT MINUTES MONDAY, NOVEMBER 4, 2024 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Dodd called the Regular City Council meeting to order at 6:00 p.m. 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. 2151 Annual Sebastian Clambake in Riverview Park Friday, November 8 — 3pm to 9pm Saturday, November 9 — I I am to 9pm Sunday, November 10 — I I am to 5pm Monday, November 11 — Veterans Day Ceremony at Veterans Memorial in Riverview Park —1 lam Saturday, November 16 — Sebastian River Art Club Show in Riverview Park — I Oam to 3pm Friday, November 23 — Chamber of Commerce Finally Friday on Cleveland Street — 6pm to 9pm 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. Anneal of an Administrative Determination Regarding a Denial of a Land Clearing Permit for 33.23 Acres for Sebastian Overlook Subdivision/Sebastian Highlands Unit 17 — Hawkins Proiect 1. LLC. Aooellant 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. 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 stormwaterpond 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 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 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. 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. Flag Flown Over the United States Capitol to Celebrate the City of Sebastian's Centennial by Congressman 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 350OHD 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 l0A 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 Regular City Council & BOA Minutes November 4, 2024 Page 8 11. COMMITTEE REPORTS & APPOINTMENTS — None. 12. PUBLIC HEARINGS — None. 24.167 A. Anoroval of Ordinance No. 0-24-18 Rescinding Ordinance No. 0-97-42 Vacating Public Roads in a Portion of Sebastian Highlands Unit 17 Second Reading and Adoption Hearing 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. 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 5a' 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. UMK41UAWI-3QW.11Ift= • 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 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. ADDroval 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. 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 Concerning Procurement of Goods and Services First Reading_ and Providing 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. 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 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 Adoption 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. 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 VotelndianRiver.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. 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 eDDece ber 11, 2024 Regular City Council meeting. Mayor Bob McPartlan ATTEST.• Vanette Williams, City Clerk — 11/7/2024 Mission, Vision, Values, City of Sebastian City Council November4, 2024 The Process ✓ Research on city and city government ✓ Orientation • Interviews — Discuss, M, V, V, G, and O - shape survey ✓ Electronic Survey - Discuss, M, V, V, G, and Os — level of agreement and prioritize/rank objectives • Strategic Planning Workshop— discuss M, V, V, G -public input ✓ Community Participation —public input on M, V, V, G Strategic Planning Workshop —finalize M, V, V, G -public input — task CM with MVVGs wording and select Os and design Ips City Council Approves MVVGs Draft Plan Review by City Manager Final Plan Reviewed and Approved by the City Council Implement & evaluate , OF 1 11/7/2024 Public Participation — Public Participation — Community Meetings Community Meetings 2 11/7/2024 City Survey vs Community Input - Mission Citv Survey Mission Frequenry Quality Public Services 10 Enhance Quality of Life 5 Foster Economic Opportunity 3 Vibrant and Desirable Place to Live 3 Preserve Hometown / Coastal Charm 3 Community Input Mission Statement Recommendation (T OF The City of Sebastian strives to SEBASTIANenhance the quality of life through HOME OF PELHA ISLAND excellence in public services. 'if a theme from the research was not under one category, it is likely found in another category. 23 14 11 10 3 11/7/2024 City Survey vs Community Input - Vision City Survey Vision rrequenry Preserve Hometown Vibe / Coastal Charm 10 Waterfront / Riverfront Protection 5 Smart, Sustainable Growth 4 Vibrant & Desirable Place to Live 3 Community Input Vision Statement Recommendation 20 17 10 8 To be known as the most desirable ,,,,. of city in Florida to live, work, and SEB play due to our hometown vibe, HONE OF PELICAN ISLAND coastal charm, promotion of the waterfront, and protection of the Indian River Lagoon. El 11/7/2024 City Survey vs Community Input - Values City Survey Values Frequency Honesty & Public Transparency 16 Professionalism 5 Innovative Initiatives 3 Protect Our Natural Resources 3 Preserve Our Hometown / Coastal Charm 3 Values Recommendation Community Input • Honesty and Transparency CM or SEPA TLAN • Ethics and Professionalism HOME OF PELICAN ISLAND • Innovation • Protection of our Natural Resources 5 11/7/2024 City Survey vs Community Input - Goals City Survey Goals Frequency Smart, Sustainable Growth 6 Preserve Our Hometown / Coastal Charm 3 Encourage Economic Development 3 Hire Professional Staff / Employee Training 3 Ensure a High -Level of Public Safety 3 Goals Recommendation Community Input 20 18 10 9 7 • Enhancing Quality of Life • Improving Organizational Efficiency SEBACITY OF EIAI�T 'Preserving our Hometown Feel and Coastal Charm • Supporting Smart/Sustainable Growth HOME OF PELICAN ISLAND • Ensuring a High Level of Public Safety • Maintaining Fiscal Responsibility • Encouraging Economic Development R Task City Manager and team to develop Objectives and Implementation Plans consistent with the new MVVGs Thank you! R fE6AfTIAN CITY OF SEBASTIAN SPEAKER CARD AND AFFIDAVIT a.re..w euam.. (Please Print- * Asterisk Denotes Required) 'NAME: 'STREET ADDRESS: 'CITY �Ph a -/-I A� 'STATE �� *ZIP ✓a) CONTACT PHONE: 77 CITY RESIDENT: E NO CITY BUSINESS OWNER: YES /�O CITY PROPERTY OWNER: �NO AGENDA REM NO: %I ORGANIZATION REPRESENTING: �P SUBJECT: AFFIDAVIT: I am aware of the rules of this proceeding and I swear or affirm, under penalty of perjury, that all statements and information, -ha provide in this matter will be truthful. *Signature: Proceeding Speaker Rules: - Complete card prior to introduction to item - Hand the completed card to City Clerk/Secretary - Speaker will have 5 minutes to address the subject - Additional time may be extended if speaking for an organization or applicant - Speakers will be called upon by the Mayor or Chair db 0, � fEBAtiIAN CITY OF SEBASTIAN SPEAKER CARD AND AFFIDAVIT 1 (Please Print- * Asterisk Denotes Required) *NAME:�r' .rV Anw'a *STREETADDRESS: S g' Q i✓ QC u5. �L! �i r *CITY Sr�l o<r -'I kv *STATE VY ( *ZIP Za4,<�C CONTACT PHONE: 17 L — L 7.3— (0 9O Q! CITY RESIDENT: (�E�/ NO CITY BUSINESS OWNER: YES / NO CITY PROPERTY IOWNE(R: Y('/ NO AGENDA ITEM NO: R G ORGANIZATION REPRESENTING: SA i r ,' • f SdiiR�jcftil �11 , SUBJECT: F (ALA r l NS �N A C N r� AFFIDAVIT: I am aw re of the rules of this proceeding and I swear or affirm, under penalty of perjury, that all state m s and informatio t at I provide in this matter will be truthful. *Signature: Proceeding Speaker Rules: - Complete card prior to introduction to item - Hand the completed card to City Clerk/Secretary - Speaker will have 5 minutes to address the subject - Additional time may be extended if speaking for an organization or applicant - Speakers will be called upon by the Mayor or Chair The 2024 Florida Statutes Title XLVI Chapter 871 View Entire Chapter CRIMES DISTURBING RELIGIOUS AND OTHER ASSEMBLIES 871.01 Disturbing schools and religious and other assemblies.— (1)(a) Whoever willfully and maliciously interrupts or disturbs any school or any assembly of people met for the worship of God, any assembly of people met for the purpose of acknowledging the death of an individual, or for any other lawful purpose commits a misdemeanor of the first degree, punishable as provided in s. 775,082 or s. 775.083. HTTPS:/NVWW.WESTMELBOURNE.ORG/DOCUMENTCENTER/VIEW/8640/MEETING- RULES-AND-ORDER-AMENDED-120319 CONTROLLING PUBLIC PARTICIPATION When state or local rules allow the public to speak, any restrictions that a city desires to impose must fall within constitutional parameters. A. Constitutional Amendment Protections Provided to Public Meetings In the United States, the First Amendment ensures that "debate on public issues should be uninhibited, robust, and wide-open." "Citizens have an enormous first amendment interest in directing speech about public issues to those who govern their city." However, cities are not required to "grant access to all who wish to exercise their right to free speech on every type of government property, at any time, without regard to the disruption caused by the speaker's activities. Even in a democracy, the government need not tolerate actual disruptions of government business." In recognition of the fact that public meetings are a highly important place for the public to share concerns with their governing leaders, and equally recognizing the importance of a governing body's need to actually govern, a citv council meetino (or other public meeting) is considered to be a limited Dublic forum. In general, a limited public forum is a forum created by the government for expressive activity, wherein the activity can be moderately limited through time. place, and manner restrictions, with the caveat that the restrictions are viewpoint neutral. B. Time, Place and Manner Restrictions Under the federal constitution, it is clear that city councils may impose content -neutral time, place, and manner restrictions. Time, place, and manner restrictions are simply that: a rule reaulatinq. the specific time in which a Derson may speak. the location from which a Derson can speak. and the manner in which the speech can be made. For example, a city council may choose to limit public comment to certain points in a proceeding and (subject to any state law) limit the amount of time a person may speak. For example, a rule that "the public may provide testimony only during that time noted as 'Public Comment' on the agenda, with said testimony being provided from the designated podium, and shall be limited to no more than three minutes per speaker" has been upheld C. Removing Disruptive People from Public Meetings Disruptive people can be removed from public meetings (public officials often refer to this removal as "trespassing"). However, the person must actually be disrupting the meeting. The Ninth Circuit has specifically stated, "Actual disruption means actual disruption. It does not mean constructive disruption, technical disruption, virtual disruption, nunc pro tunc disruption, or imaginary disruption.7 A nunc pro tunc disruption is one where the speech could cause a disruption after the fact. To that end, individuals who refuse to sit down when their allotted speaking time has ended can be removed from the public meeting. Persons who interrupt a meeting's proceeding by repeatedly shouting out and yelling can also be removed. Having a Derson removed from a oublic meetinc because their view on a matter is offensive to some or all of the other people in attendance at the meetinc is not leaally oermissible. may be removed from the public meeting if actions impede the Public body's ability to conduct the meeting. D. Suspending Disruptive Persons from Future Public Meetings It is not uncommon for a person desiring to make their point to cause several disruptions at the same meeting or over a series of meetings. The constant disruption of public meetings by the same person, despite repeated warnings and removals, often leads public officials to consider suspending the person from future public meetings (otherwise known as issuing a trespass order). While the temptation to bar a disruptive person from future meetings is great, the legal ability to do so is questionable. Two relatively recent federal court opinions held that prohibiting a disruptive Derson from attending future meetings. and from entering the entiretv of a government facilitv. is not Dermitted under the First Amendment to the U.S. Constitution. Conclusion Public officials do not have to allow people to disrupt or derail their ability to conduct the people's business. It is perfectly acceptable for a governing body to establish rules that dictate when public comment can be made, how long the public comment can be given, and the topic that the public comment must surround. Governing bodies are also permitted the right to remove any person from a public meeting when that person actually disrupts the meeting. If a person's disruption of a meeting is so deleterious that it threatens the safety and security of the public, the governing body can request that the person in question be arrested for disorderly conduct. And while public officials may wish to prospectively ban consistently disruptive people from future meetings, officials are warned that the only time such an action may even be legally permissible is if the officials can prove that the disruptive people proves to be an actual threat to the public safety — and even then, a limited suspension is perhaps most prudent. As a general rule, cities should utilize the least restrictive option to a disruptive citizen's rights when trying to regain and retain order of a public meeting. httDs://m rsc.orq/stav-i nformed/mrsc-insightliuly-2020/when-1 st-amendment- rights-public-meeti nqs-clash Officials presiding over such meetings must have discretion ... to cut off speecn wnich tney reasonably perceive to be, or imminently to threaten, a disruption of the orderly and fair progress of the discussion, whether by virtue of its irrelevance, its duration, or its very [one and manner. When members of the public are allowed to participate in remote public meetings the same rules of decorum that would apply to an in -person meeting should be applied to its remote counterpart The meeting chair should explain to the public the rules for participation in the remote meeting and warn that anyone who disrupts the meeting will be disconnected. The chair may also have to disconnect those that are inadvertently disrupting the meeting, such as due to sound feedback or too much background noise. Governing bodies can establish rules that regulate public comment but these must be reasonable restrictions on time, place, and manner that are viewpoint neutral. Additionally, when enforcing the rules of decorum, an actual disruption of the business of the governing body is necessary prior to removing or disconnecting the speaker If the majority of the members of a governing body to clear the room and adjourn/reconvene a public meeting if the meeting is interrupted by a group of persons so as to render the orderly conduct of such meeting unfeasible. If a person merely uses profanity or states lies without actually disrupting the meeting, than this behavior is not sufficient enough to justify ordering the individual to leave the meeting or clearing the meeting entirely. If the meeting room has to be cleared, council members may readmit an individual or individuals not responsible for the disruption. And, representatives of the news media, except those participating in a disturbance, are required to be readmitted to such meetings. SAMPLE CITY CODE FROM A SOUTH FL CITY RULES OF CONDUCT AT PUBLIC MEETINGS. (A) Intent. (1) These rules of conduct shall apply to the City Council meetings and all public meetings held by boards, committees, and agencies of the city. Whenever the term COUNCIL is used herein, it shall also apply to the city's boards, committees and agencies. Whenever the term MAYOR is used herein, it shall also mean the presiding officer of the board, committee or agency. (2) The City Council recognizes the importance of protecting the right of all citizens to express opinions on the operation of city government and encourage citizen participation in the local government process. The Council shall not prohibit public criticism of the policies, procedures, programs or services of the Council, or the acts or omissions of the Council. Citizens' expressions that go beyond the role and authority of the Council give no privilege or protection. When citizens appear before the Council, the Council shall recognize all rights granted citizens under the free speech amendments to the U.S. Constitution. The Council also recognizes the necessity for conducting orderly and efficient meetings in order to complete City business in a timely manner. (B) General rules. (1) Seating capacity. Due to the need to comply with seating capacity requirements of the fire code, there may be occasions when entrance by the public to the Council Chambers or other meeting rooms shall be limited. In the event that all available seats in the Council Chambers are filled, members of the public will be directed to areas designated by the city outside of the Chambers. (2) Signs, placards, banners. For public safety purposes no signs or placards mounted on sticks, posts, poles or similar structures shall be allowed in Council Chambers or meeting rooms. Other signs, placards or banners shall not disrupt meetings or interfere with the view of others in attendance at the meeting. Persons with objects and symbolic materials such as signs must remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting. (3) Weapons. Members of the public attending Council meetings shall be prohibited from bringing any weapons, or objects that may be used as weapons, excluding firearms which are subject to regulation under F.S. Chapter 790, into the Council Chambers. Persons, bags, packages, purses, briefcases and parcels entering the Council Chambers or other meeting rooms are subject to search. (4) Disruptions. Persons in the audience will refrain from behavior which will disrupt the public meeting. This will include making loud noises, clapping, shouting, booing, hissing, talking in a private conversation or engaging in any other activity in a manner that disturbs, disrupts or impedes the orderly conduct of the meeting. (5) Unwelcome physical conduct. Persons in the audience will refrain from creating, provoking or participating in any type of disturbance involving unwelcome physical contact. (6) Cell phones. Persons in the audience will refrain from using cellular phones and/or pagers while the meeting is in session. (7) Appropriate attire. Appropriate attire, including shoes and shirts are required in the Council Chambers and other meeting rooms at all times. (C) Addressing the City Council. Members of the public may speak at public meetings at a time to be specified by the Mayor during discussion on any ordinance, resolution, motion, workshop item, discussion item, or during the period set aside for public discussion on the City Council agenda commonly referred to as "audience to be heard," subject to the following: (1) General requirements. (a) Until recognized as a speaker by the Mayor, members of the public shall remain seated while the meeting is in session. (b) Members of the public may speak only at times designated by the Mayor. (c) Each person addressing the Council shall proceed to the place assigned for speaking and give his or her name and address in an audible tone of voice for the record. (d) The Mayor shall rule out of order any member of the public who shall speak without being recognized, or who shall not address the Council from the podium or other established speaking area. (e) Comments shall be directed to the Council as a body and not to individual Council members. (f) Speakers will not bring to the podium any items other than a prepared written statement, reference materials, writing materials or objects that have been inspected by city staff or the assigned officer. (g) If an individual wishes to submit written information to the City Council, he or she may give it to the City Clerk or other administrative staff at the meeting for display or distribution. (2) Audience to be heard. (a) Members of the public desiring to speak at a City Council meeting during "audience to be heard" shall fill out and return to the City Clerk, in the City Council Chambers, the appropriate form, which must include the information needed to determine the speaker's priority as provided in subsection (C)(2)(b) below, prior to the call to order of the meeting. (b) The City Clerk will call residents and taxpayers of the city to speak first. Others desiring to speak will thereafter be called to speak, except: 1. When the person is a user of the city's water or sewer system and wishes to be heard on a matter related to the city's water and/or sewer system; 2. When such person is a city employee; or 3. When such person is serving as an authorized representative for a person who would otherwise be permitted to be heard pursuant to the priority established in this subsection. (c) Thirty minutes or such time needed to permit ten members of the public to speak, whichever is less, shall be set aside at the beginning of each City Council meeting for the "audience to be heard" session. The "audience to be heard" session shall be continued at the end of the Council meeting in the event that individuals wishing to speak are not reached during the first session. (d) During "audience to be heard," members of the public desiring to speak may speak on any city government related matter and shall limit their discussion to items not appearing on the agenda except for items not removed from the consent agenda. (e) Each person addressing the Council during "audience to be heard" shall limit his or her comments to three minutes. (3) Decorum to be maintained. (a) Order shall be maintained at each Council meeting and the Mayor is hereby empowered to order from the room any citizen who refuses to comply with the rules and regulations outlined in this section. (b) City Council meetings shall be conducted in a courteous manner. Citizens and Council members will be allowed to state their positions in an atmosphere free of slander and threats of violence. Sufficient warning may be given by the Mayor at any time during the remarks and, in the event that any individual shall violate the rules of conduct herein set forth, the Mayor may then cut off comment or debate. At the discretion of the Mayor, a time clock may be used to display the commencement of the time for speaking and a warning sound may be heard to indicate that the appropriate time has passed. (c) It shall be unlawful for any individual to disturb or interrupt any meeting of the City Council. Any individual who causes a disturbance of the meeting shall be warned by the Mayor or, alternatively, by a majority vote of the Council that the conduct is interfering with or disturbing the order of the meeting and shall be given the opportunity to cease the conduct constituting an interruption or disturbance. If, after sufficient warning, the individual fails to cease the offending conduct and continues to interrupt or disturb the meeting, the individual shall be removed from the meeting by a officer of the County Sheriffs Office or his authorized agent in attendance at the meeting if so directed by the Mayor. Once removed, the individual shall be barred from further audience for the remainder of the meeting. (d) The use of slanderous, obscene or profane language, personally abusive attacks upon any person, physical violence or the threat thereof, or other loud and boisterous behavior which disturbs or otherwise disrupts the orderly conduct of the meeting and a failure to comply with any lawful decision or order of the Mayor or of a majority of the Council shall constitute a disturbance. Personally abusive attacks include insults, discourteous comments and defamatory statements. (e) If the audience or a part thereof becomes unruly, the Mayor is empowered to either recess or adjourn the meeting. (D) Violations. (1) The Sebastian Police Department shall, upon request, designate an officer to serve as Sergeant at Arms at Council meetings. The designated officer shall carry out the orders and instructions of the Mayor for the purpose of maintaining order and decorum of the meeting. The Sebastian Police Department shall take any and all appropriate steps within the parameters of the law to secure the Council Chambers and provide adequate protection for the citizens and members of the City Council. (2) Any person violating the provisions set forth in this section may be arrested and shall be subject to the provisions of § of the city's Code of Ordinances.