HomeMy WebLinkAbout01-22-2025 CC Minutesilll ,Y
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HOME OF PEUCAN ISLAND
SEBASTIAN CITY COUNCIL
REGULAR MEETING
MINUTES
WEDNESDAY, JANUARY 22, 2025 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor McPartlan called the Regular Meeting to order at 6:00 p.m.
2. Pastor Alexis Talbott, Sebastian United Methodist Church, gave the invocation.
3. Vice Mayor Jones led the Pledge of Allegiance.
4. ROLL CALL
Mayor Bob McPartlan
Vice Mayor Fred Jones
Council Member Kelly Dixon
Council Member Ed Dodd
Council Member Chris Nunn
Staff Present:
City Manager Brian Benton
City Attorney Jennifer Cockcroft
City Clerk Jeanette Williams
City Engineer/Special Projects Director Karen Miller
Community Development Director Alix Bernard
Community Development Manager Dom Bosworth
Parks and Recreation Director Richard Blankenship
Public Works Director Lee Plourde
Human Resources Director Cindy Watson
Airport Manager Jeff Sabo
Deputy Chief Tim Wood
AGENDA MODIFICATIONS —None
6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS
Announcements were made by Vice Mayor Jones.
Thursday, January 30 - IRC MPO "Target Zero" Public Input Workshop - Ham to Ipm - North
County Library (Target Zero plans to address roadway safety strategies within the County)
Monday, February 3 - Four Chaplains Ceremony at Veterans Memorial Park- llam
Regular City Council Meeting
January 22, 2025
Page 2
Friday, February 7 - Chamber of Commerce Concert in the Park - 5:30pm to 8: 00pm - Bobby
Owen Band
Saturday, February 8 - Craft Club of Sebastian in Riverview Park - IOam to 3pm
7. PUBLIC INPUT — None
8. CONSENT AGENDA
A. Consider Approval of Draft January 8, 2025 City Council Minutes
25.011 B. Consideration of a Purchase Order for Palm Bay Concrete and Materials, Inc. Not
to Exceed $40,390.88 for Concrete Services for the Roads Division
25.012 C. Consideration of Alcohol Beverage Approval for the Cruce Family at the Sebastian
Community Center
25.013 D. Consideration of Alcohol Beverage Approval for the Perez Family at the Sebastian
Community Center
MOTION by Council Member Nunn and SECOND by Council Member Dixon to approve
Consent Agenda Items A through D.
Roll call: Vice Mayor Jones
- aye
Council Member Dixon
- aye
Council Member Dodd
- aye
Council Member Nunn
- aye
Mayor McPartlan
- aye
Motion carried. 5-0
9. COMMITTEE REPORTS & APPOINTMENTS — None
10. PUBLIC HEARINGS - None
11. UNFINISHED BUSINESS - None
12. NEW BUSINESS
25.014 A. Consideration of Resolution No. R-25-03. Sumorting Legislation Requiring;
Hands -free Cell Phone Use While Driving
The City Manager explained that the City was contacted by Joan Kriss, a Board Member
of Bike Walk Indian River County, and asked to consider a resolution in support of Florida
legislation requiring hands -free cell phone use while driving.
Bob Auwaerter, the Vice Mayor of Indian River Shores and also a Board Member of Bike
Walk Indian River County, spoke of his desire to raise public awareness after he and his
wife were in a near -fatal collision because the other driver was on the phone.
Mayor McPartlan shared that he was driving on I-95 this morning and saw a car flipped on
its side. It was just one car, and typically this happens from inattentive driving.
Regular City Council Meeting
January 22, 2025
Page 3
Council Member Nunn asked if this type of legislation had ever considered hands -free use
while riding on bicycles. He has seen many instances of people being on their phones
while riding bicycles and not paying attention at all.
Mr. Auwaerter said to his knowledge these types of legislative efforts have not been
applicable to bicycles, but he has seen examples of inattentive bicyclists as well.
Vice Mayor Jones said a bicycle is considered to be a vehicle under the Florida statute with
rights to the road just like a car.
MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve
Resolution No. R-25-03.
Roll call: Council Member Dixon - aye
Council Member Dodd - aye
Council Member Nunn - aye
Mayor McPartlan - aye
Vice Mayor Jones - aye
Motion carried. 5-0
25.015 B. Consideration of First Reading of Ordinance 0-25-03 — Petition for Voluntary
Annexation — 0.9163 Acre Parcel — A Portion of Industrial Park Boulevard, a
Private Road, North from 99th Street Staff Report
The City Attorney read the title of proposed Ordinance 0-25-03.
The Community Development Manager explained this is a voluntary petition for
annexation to partially correct an error within a 1987 annexation ordinance and also to
begin the process for a new PUD subdivision application. This is for a portion of Industrial
Park Boulevard, a private, unplatted road. In 1987 Henry Fischer petitioned the City to
annex quite a large area for development of the Vickers Grove Sand Mine and the Fischer
Industrial Park Subdivision.
The sand mining operations are now coming to a close and there is a potential developer
who is interested in the property for the development of a subdivision. In reviewing the
legal descriptions for the PUD subdivision application, City Staff discovered the error in
the 1987 annexation ordinance. Industrial Park Boulevard is actually two parcels and the
metes and bounds descriptions of one of the parcels was left out of the 1987 annexation
ordinance. The current annexation petition is to correct this omission from 1987 and also
for this road to be annexed into the City if the proposed subdivision gets approved. All of
the areas and lands that this road provides access to are within the City of Sebastian.
Staff recommended approval of Ordinance 0-25-03. The second reading of the ordinance
is not scheduled until May 14, 2025 to give time for upcoming public hearings, including
hearings for Planning & Zoning for the rezoning, the Future Land Use Map (FLUM)
amendment, and the Conceptual PUD Plan that will come before Council. Staff would still
recommend annexation of this road even if the Conceptual PUD Plan is not approved
because it is still a public benefit to have this road within the City limits.
MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve
Ordinance No. 0-25-03 with a second date for reading and adoption on May 14, 2025.
Regular City Council Meeting
January 22, 2025
Page 4
Council Member Dodd asked if this is just the annexation of the property required for the
roadway and the right of ways that are associated with it.
The Community Development Manager confirmed that is the case. She said even if it is
annexed into the City, it will remain a private, unplatted road. The ensuing applications
that Council will review will be for some additional property, including the sand mine, but
Ordinance No. 0-25-03 only annexes the road.
Council Member Dodd asked if the intent is to have a second access for the PUD when it
is brought forward.
The Community Development Manager said yes and the Conceptual PUD Plan will show
that.
Roll call: Council Member Dodd - aye
Council Member Nunn - aye
Mayor McPartlan - aye
Vice Mayor Jones - aye
Council Member Dixon - aye
Motion carried. 5-0
24.010/25.016 C. Consideration of Resolution No. R-25-02 to Accent FDOT Public Transportation
Grant Agreement (PTGA) providing funds for the Construction Phase of Taxiwav
Golf at the Sebastian Municipal Airport
The City Manager explained that this is a resolution to accept a Public Transportation Grant
Agreement to assist us with the construction process for a new Taxiway Golf at the
Sebastian Municipal Airport. The City has budgeted a 20% match of Discretionary Sales
Tax (DST) in the amount of $197,520 that is necessary for this grant, and we anticipate
receiving the second half of this grant for the same amount in July 2025 which will provide
the total amount needed for the construction.
The Airport Manager mentioned that this is the first of multiple phases of construction to
make the northwest corner of the Airport more accessible for future development, aircraft
will move around from that part of the field, and this will be the taxiway. We will follow
this with adding an apron that will run alongside it and make the adjacent grass area
between there and the fence buildable property for hangars and the like. The third phase
of that, when the time comes, will be to bring in the infrastructure, such as an access road
and utilities. This is the first step in these phases of development.
Council Member Jones asked if this was area with asphalt that had been an older runway.
The Airport Manager confirmed that this area had been Runway 13-31. It runs from the
northwest corner down to the mid field. The Airport is using a 35-foot portion of what is
a 150-foot runway. The remaining area outside the 35 feet will become the apron. In the
meantime, the minimum necessary to move aircraft will be the 35-foot section and it will
run from that corner, which is basically a dead end at the far north corner of the Airport,
and provide additional movement for locals and for the new development with the hanger
that is already in the plans, along with the skydive operation.
Council Member Jones recalled that this area had been used as a dumping area and asked
if it has been cleaned up by now.
Regular City Council Meeting
January 22, 2025
Page 5
The Airport Manager responded that the Director of Public Works has made a tremendous
effort and the area is just about ready for the work to begin. There will be some more
survey work but they have time to do that before the second grant comes in.
MOTION by Council Member Dixon and SECOND by Council Member Nunn to approve
Resolution R-25-02 and accept the FDOT grant that will fund the construction of the
Taxiway Golf at the Airport.
Roll call: Council Member Nunn - aye
Mayor McPartlan
- aye
Vice Mayor Jones
- aye
Council Member Dixon
- aye
Council Member Dodd
- aye
Motion carried. 5-0
25.017 D. Consider Indian River Countv Supervisor of Elections' Request to Use the Council
Chambers as an Early Voting Polling Location during the following dates: August
8th - August 15th, 2026 and October 19 - October 31, 2026
The City Clerk explained this is a request from the County Supervisor of Elections to use
the Council Chambers for early voting for the 2026 primary and general elections. This
will affect the August 12, 2026 and October 28, 2026 Council meeting dates.
Mayor McPartlan thought skipping the August 12, 2026 was a good option because that is
close to the dates for the League of Cities conference from August 13-15, 2026.
He also expressed whether another meeting would need to be rescheduled in October would
depend on how many items Council needed to address at that time. Otherwise, after the
October 14, 2025 meeting, there would not be another Council meeting until after the
election in November.
Mayor McPartlan asked about the City Manager moving the elections signs during the
times of early voting. The City Manager confirmed that his plan was to remove the signs
by 5:00 pm each evening and allowing them to go up again by 7:00 am the next day, but
he was also happy to hear more feedback from Council on this.
Council Member Nunn wanted to remind everyone that while the City is providing a place
for people to put their signs, the City is not responsible to monitor or keep track of the
signs. He heard complaints last year that signs were being picked up or taken by someone
who did not own them. Technically that area is reserved for the Supervisor of Elections
during the time of early voting.
MOTION by Vice Mayor Jones and SECOND by Council Member Dixon to approve the
use of the Council Chambers by the Supervisor of Elections for early voting.
Mayor McPartlan asked for public input, and there was none.
Roll call: Mayor McPartlan
- aye
Vice Mayor Jones
- aye
Council Member Dixon
- aye
Council Member Dodd
- aye
Council Member Nunn
- aye
Regular City Council Meeting
January 22, 2025
Page 6
Motion carried. 5-0
25.018 E. Consider Indian River County Supervisor of Elections' Request to Use the
Community Center as a Polling Location
The City Clerk stated this is a request from the County Supervisor of Elections to use the
Community Center as a polling location for the 2025 municipal election, the 2026 primary
election, and the 2026 general election.
MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve
the use of the Community Center by the Supervisor of Elections as a polling location for
the 2025 and 2026 elections.
Mayor McPartlan asked for public input, and there was none.
Roll call: Vice Mayor Jones
- aye
Council Member Dixon
- aye
Council Member Dodd
- aye
Council Member Nunn
- aye
Mayor McPartlan
- aye
Motion carried. 5-0
13. CITY ATTORNEY MATTERS
24.122/25.019 A. Status Update on Interlocal Agreement between Indian River Countv and the Citv
of Sebastian relating to Water and Wastewater
The City Attorney gave a status update on the Interlocal Agreement that was entered into
back in September of 1995. Under the terms of that agreement, Indian River County and
the City of Sebastian took on certain responsibilities related to the future provision of water
and wastewater. At the direction of City Council on November 20, 2024, the City Attorney
was asked to obtain an opinion from outside counsel, Mr. Andrew Mai, who has knowledge
on complex utilities and was the interim City Attorney in the past, to find out what options
the City might have under the Interlocal Agreement. Specifically, Mr. Mai was asked to
evaluate the obligations of the City and the County and whether the agreement is
enforceable.
Mr. Mai gave an opinion that he believes the agreement is enforceable. The City Attorney
and the City Manager spoke with Mr. Mai on the phone today for further clarification and
asked him to be available for the City Council meeting tonight on Zoom to give a
supplemental opinion and to respond to follow-up questions they had for him.
The City Manager reviewed the three options that Mr. Mai had presented in his opinion.
1) Continue discussions with the County in order to expand the obligations
of the parties through negotiation or amend or release the parties from
their obligations under the Interlocal Agreement.
2) Explore City options under Section 6.07(A) of the Interlocal Agreement
and the imposition of special assessments.
Regular City Council Meeting
January 22, 2025
Page 7
3) Solicit funding options to help homeowners since House Bill 1379 gives
homeowners the option to replace their existing septic tank with a
nutrient reduction septic tank when a sewer connection is not available.
Mayor McPartlan said that option 3 sounds good because some homeowners are going to
have to replace their septic tanks. He also commented that nothing seems to happen by
having discussions with the County. What stood out to him when he looked at the
Interlocal Agreement is that on page 23 of the agreement it states:
The County will furnish water or wastewater service earlier than the time
period established in this section if a public health problem occurs or the
demand for such service makes the service economically feasible.
Mayor McPartlan said he thinks a public health problem exists because of how many
leaking septic systems are out there.
The City Attorney pointed out the agreement does not define what would be considered a
public health problem. She would like Mr. Mai to provide more input on that option as
well as Section 6.07(a) relating to the City expanding the system with special assessments.
Mr. Mai said that additional data and analysis would be needed, but he believes there is the
potential to consider this a public health problem, although public health problem is not
defined in the agreement. He thinks it is prudent to keep the County informed as to what
the City is considering and get the County's position on it. He said he is not sure what
kinds of bonds are tied up with the improvements the County has made or what kind of
capital expenditures the County has made in reliance upon this agreement, but this
agreement may be an impediment to the City in resolving the problem without knowing all
of the possibilities.
Council Member Dodd said there is no doubt that Council has to continue discussions with
the County, and we need to hear from the County either a yes or no on whether they will
service the whole City of Sebastian and how they will plan to do it. Whether it is done
because of Section 6.07(a) or some other part of the agreement, there needs to be a yes or
a no. The biggest issue is a timeframe. This has been discussed without resolution since
he got on Council in 2016. He also noted this is a separate from the septic -to -sewer
discussion within the CRA District, and he would like to talk about that as well when the
time is right. He would like Mr. Mai to take the next step in the evaluation process before
at some point in time the septic tanks will begin failing and prices will rise as these
problems increase. He wants the City to move forward with protecting citizens from this
problem and he agrees with trying to find grant money at the same time as discussing the
matter with the County. The City cannot afford to do what has been done in the CRA and
provide grants to pay for half of the cost of the conversion on a citywide basis.
He is in support of sending a letter from the Mayor to the County Administrator and the
Chair of the County Commission and tell them the City would like to set up a formal
committee and a formal communication channel to get to the yes or no answer from the
County to begin working towards a solution within a specific timeframe. We need to keep
the County involved in this conversation, and we need to be prepared to take action, even
if it is legal action based on the Interlocal Agreement.
Regular City Council Meeting
January 22, 2025
Page 8
Vice Mayor Jones pointed out that according to the Interlocal Agreement, there were
specific deadlines to expand the system and a map that shows where the expansion must
occur. He asked if we have a map or information from the County indicating that these
expansions have happened by those specific deadlines?
The City Manager said that the deadlines within the agreement referred to installation of
water service, not sewer, and he does not know if this was completed within the timeframe,
but he believes this was completed.
Mayor McPartlan said when they were installing the water pipes, the County was supposed
to install the sewer pipes simultaneously.
Council Member Dodd stated there is nothing in the agreement that indicates that is how it
would happen. Section 6.08(b)(4) is the only place where it mentions wastewater. He
recalls that he heard the County Administrator said in their joint meeting that the City did
not ask for this, but he does not know if the City must ask.
The City Attorney said the agreement does say the City must ask.
Council Member Nunn pointed out that the Section 6.08(B)(4) states:
The County will provide wastewater service simultaneously with the
installation of public water service in any designated area if the City
requests such service in writing, and the County has the wastewater
treatment capacity available and a financing plan approved by the City and
County is developed for providing such service.
Council Member Nunn asked if the City or Council had made that request in writing.
Council Member Dodd said they should do that as a result of this meeting.
The City Manager read the Section 6.08(B)(4) again.
The County will provide wastewater service simultaneously with the
installation of public water service ... if the City requests such service in
writing.
Council Member Nunn realized this means the request should have been made when the
water service was being installed. He also noted that wastewater and water service is being
installed now within the new developments. He referred to Section 6.07(E) on page 113
where it states:
The City will own any water or wastewater improvements which are
constructed with funds for which the City imposes special assessments.
After the improvements are constructed, the City may transfer such
improvements to the County and the County shall accept the improvements
as part of the County Utility System. While the improvements are in the
ownership of the City, the County shall operate, maintain, repair, and
replace, if necessary, such improvements as if the improvements were part
of the County's utility system. The County's cost to operate, maintain,
repair and replace such improvements shall be included in the County's
usual utility charge to its customers.
Regular City Council Meeting
January 22, 2025
Page 9
This means if Sebastian has to built a wastewater plant itself, the cost of maintaining that
will be on the County according to this agreement.
Mr. Mai said the caveat to that would be provided the County has identified within its most
recent adopted wastewater capital improvement plan adequate treatment capacity, but if
that exists, that is a route for the City.
The City Manager said that the City could look more into option 2, exploring the options
under Section 6.07(A) of the Interlocal Agreement using special assessments.
Mayor McPartlan said what bothers him about Section 6.07(A) is that it means there will
be a new plan. The last plan was done in 2017 and it was before House Bill 1379 came up.
This is not just affecting Sebastian. There are many residents within the County that do
not have sewer service.
Council Member Dodd said to build a plant and have a special assessment, the County
would have to determine that they need the capacity and what is built will provide the
capacity. It is complicated. He wants to know whether or not the County will commit to
providing wastewater service to Sebastian residents that still need it, with a plan and a
timeframe for completion. We want the County to let us know if they can provide the
wastewater service and Sebastian will be investigating alternatives if they cannot. They do
not need to do a major engineering study. They can obtain the information from GIS to
determine capacity requirements.
The City Manager summarized the direction he has received from Council. He will have
staff draft a letter to send to the County on behalf of the Mayor expressing that the City is
looking at options and asking if they can provide the wastewater service within a certain
timeframe.
Council Mayor Dodd asked the City Attorney if a resolution from Council would lend more
credence than a letter from the Mayor.
The City Attorney said it could be done either way. She was amenable to drafting a
resolution and has already started drafting one, but a letter could go ahead and be sent
before a resolution is prepared.
Council Member Nunn said sending a letter would be faster.
The City Attorney reminded Council that the City passed a resolution along those lines in
2023 after the joint session with the County Commission at the North Indian River County
Library, and that resolution can be attached to the letter and say that this has been ongoing
issue of concern.
Council Member Nunn asked if it would be of assistance to declare a public health problem
in the City based on our septic issues.
Mr. Mai said if the City has evidence to back it up, they could take that route. He thinks
that would be quite extreme, but it may be necessary if there is evidence to support it.
Council Member Nunn said according to the environmental groups it is a health
emergency.
Council Member Dodd said the County did a study on their own that was approved by the
County Commission that listed the top polluting areas within the County from septic and
Regular City Council Meeting
January 22, 2025
Page 10
parts of the Sebastian Highlands were in the top 10. He does not think the letter needs to
be brought back to Council for approval if the City Attorney and City Manager are
comfortable with the wording and the Mayor approves it. It should be sent to the Chair of
the Commission with a copy to the County Administrator and County Attorney.
Mayor McPartlan suggested sending a copy of the letter to the other municipalities as well.
Council Member Nunn would definitely recommend sending a copy Fellsmere since they
have a similar situation. Council Member Dodd said that Fellsmere cancelled their sewer
study.
Septic -to -Sewer in the CRA District
Council Member Dodd would also like to recommend a letter be sent to the County from
the Mayor related to the septic -to -sewer issues within the CRA District. Council had
approved $100,000 to spend on materials for extension of the infrastructure within the CRA
and the right-of-way approvals that were needed, but no action has been taken on that by
the County. He thinks the letter should state the agreement the City has reached and would
like to receive a plan from the County on implementation.
The City Manager clarified that there was specific direction given by Council on the
agreement they want from the County on December 11, 2024: The City would commit up
to $100,000 to cover materials; the City also would like a commitment from the County
that our residents will not be assessed any costs for this project; and the City would also
like specific timelines on when the project would be completed.
He had previously met with the County Administrator and a County Commissioner and
worked out the preliminary agreement that the City would pay the material costs and the
County would do most of the work in house, though there is some work that has to be done
by an outside third party. The County will have the responsibility to obtain the easements
since it is their utility, but the City and County to can work together to discuss with property
owners and get the easements in place for the properties.
Council Member Dodd wanted clarification on when this meeting with the County
Administrator, County Commissioner Laura Moss, and Utility Department Head had taken
place.
The City Manager confirmed that meeting was in October 2024. The City Engineer was
present at the meeting as well. Meeting minutes were taken and he sent them to the County,
but there has not been any further communication since that time.
He reviewed what was discussed at the December 11, 2024 Council meeting was his
communications with the County Administrator from December 10, 2024 in which the
County had proposed using operating revenues to cover the cost of project management,
construction, and other related services for the public infrastructure for the CRA septic -to -
sewer project and the City/CRA would cover the cost of the material related to the project
and will assist the County in obtaining the necessary easements.
Council Member Dodd asked for a second letter to confirm there is an agreement in place
that consists of an implementation plan with timelines.
14. CITY MANAGER MATTERS — None
Regular City Council Meeting
January 22, 2025
Page 11
15. CITY CLERK MATTERS — None
16. CITY COUNCIL MATTERS
A. Mayor McPartlan — None
B. Council Member Nunn gave the City Manager an update on establishing a cold
weather shelter in Sebastian. There have been some logistical issues to work out.
He is still working with Ryan at the County and the Red Cross on this, and they are
not ready to get the cold weather shelter set up just yet.
C. Council Member Dixon — None
D. Council Member Dodd — None
E. Vice Mayor Jones — None
17. Being no further business, Mayor McPartlan adjourned the regular City Council meeting
at 6:52 p.m.
App�roved at the Februa 12, 2025 Regular City Council meeting.
j
/ 4 W;7 , -
A - --- - - --
Mayor Bob McPartlan
ATTEST:AL
anette Williams, City Clerk
