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Home My WebLink About05-14-2025 CC AgendaCITY OF SFj3ASTIAN , HOME OF PELICAN ISLAND CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MAY 14, 2025 - 6:00 PM CITY COUNCIL CHANIBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE 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 - Led by Council Member Dixon 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. 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. Proclamation - National Police Week - May 11 to 17, 2025 Proclamation - National Peace Officers Memorial Day - May 15, 2025 Proclamation - National Safe Boating Week - May 17 to 23, 2025 Proclamation - National Public Works Appreciation Week - May 18 to 25, 2025 Brief Announcements: Saturday, May 17 - Sebastian Police Dept Cornhole Tournament - Capt. Hiram's - Teams form at 10am Monday, May 26 - Memorial Day Observance at Riverview Park Veterans Memorial - 11 am Monday, May 26 - City Hall will be Closed to Observe Memorial Day Friday, June 6 - City of Sebastian Summer Kickoff Concert at Riverview Park - 6-9pm - Featuring Hot Pink 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input" provides and 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. 8. 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 7-10 A. Consider Approval of April 9, 2025 Riverview Park Master Plan Workshop Minutes Staff Report April 9, 2025 Workshop Minutes pgs 11-19 B. Consider Approval of April 9, 2025 City Council Minutes Staff Report April 9, 2025 City Council Minutes pgs 20-21 C. Consider Approval of April 23, 2025 Collective Bargaining Executive Session Summary Staff Report April 23, 2025 Executive Session Summary pgs 22-30 D. Consider Approval of April 23, 2025 City Council Minutes Staff Report April 23, 2025 City Council Minutes pg 31 E. Authorization to waive fees for the U.S. Coast Guard Auxiliary use of the Sebastian Yacht Club for monthly meetings. Staff Report US Coast Guard Auxiliary.docx pgs 32-3 7 F. Council Consideration of Alcohol Beverage Approval for City operated Summer Kickoff Concert with Hot Pink at Riverview Park on June 6th. Staff Report Summer Kickoff Concert Application pgs 38-43 G. Law Enforcement Trust (Forfeiture) Fund Distribution to the Executive Roundtable of Indian River County Staff Report Florida Forfeiture Statute Letter to Council pgs 44-49 H. Law Enforcement Trust (Forfeiture) Fund Distribution to Thrive Staff Report Florida Forfeiture Statute Letter to Council pgs 50-60 L Law Enforcement Trust (Forfeiture) Fund Distribution in the amount of $19,700.00 to Police Industrial Tech for the upfitting of designated training vehicles with PIT maneuver bumper kits 2 Staff Report Florida Forfeiture Statute 932.7055 Letter from Chief of Police to City Council Extraordinary Procurement Certificate Police Industrial Tech Sole Source Letter Police Industrial Tech Quote 9. 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. pgs 61-66 A. Planning and Zoning Commission Staff Report Application Advertisement Board Member List 10. PUBLIC HEARINGS pgs 67-104 A. Consideration of Ordinance 0-25-08 Amending Land Development Code Article V Zoning District Regulations to incorporate a new zoning district known as Mixed -Use Zoning District and set date for second reading and public hearing on May 28, 2025. Staff Report Ordinance 0-25-08 Business Impact Estimate 0-25-08 pgs 105-114 B. Consideration of Ordinance 0-25-10 Amending Land Development Code Article VII General Regulations relating to Home Occupational Licenses also known as Home Based Businesses and set date for second reading and public hearing on May 28, 2025. Staff Report ORDINANCE No 0-25-10 Business Impact Estimate CS/HB 403 2021 pgs 115-158 C. Consideration of Ordinance 0-25-11 Amending the Map Series in the 2040 Comprehensive Plan. Staff Report Ordinance No. 0-25-11 Business Impact Estimate Map Series Exhibit A pgs 159-171 D. Second Reading and Public Hearing on 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 Annexation Ordinance 0-25-03 Exhibit A - Legal Description, Survey Attachment A - Petition and Justification Letter Project Location - Aerials Application 3 It. UNFINISHED BUSINESS 12. NEW BUSINESS pgs 172-246 A. Request for Approval of the Issuance of Purchase Orders for Asphalt Paving Systems, in an Amount Not to Exceed $832,286.63, for Phase 3 Road Repaving and Provide Authority to the City Manager or Designee to Execute. Staff Report Procurement Justification APS Mill and Overlay Quote APS Preservation Quote Resolution R-24-20 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS Council Member Dixon Council Member Dodd Vice Mayor Jones Mayor McPartlan Council Member Nunn 17. 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 BY A 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. 5.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 — ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS INADVANCE OF THIS MEETING L! 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 THREE 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. 5 CITY OF SEBASTIAN OF SEggs. A� S q41111111110P. o OF �� PF ICP CITY COUNCIL STAFF REPORT DATE May 14, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk Consider Approval of Draft April 9, 2025 Riverview SUBJECT Park Master Plan Workshop Minutes EXECUTIVE SUMMARY Draft minutes of the April 9, 2025 Riverview Park Master Plan Workshop are presented for review. RECOMMENDATION Request changes if necessary. Consider approval of minutes. ATTACHMENTS: 1. April 9, 2025 Workshop Minutes FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: $ 0.00 6 CITY OF Sf]3AST1_AN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL RIVERVIEW PARK MASTER PLAN MINUTES WEDNESDAY, APRIL 9, 2025 — 5:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The City Manager called the workshop to order at 5:00 p.m. and explained that multiple meetings were held about 8-10 months ago on many elements of the plan. He said the consultant would provide two conceptual plans to obtain comments and feedback on, then the meeting would be open to a question - and -answer period. Based on the feedback received, the plan will then go back to City Council for approval. He introduced himself and said Mayor McPartlan, Vice Mayor Jones, Council Member Dixon and Council Member Dodd were in attendance, with Council Member Nunn was participating on Zoom. He started off to say that staff is supportive of Concept B which does not move the veterans memorials but he could not say this might not happen based on public input. Kyler Durham, Landscape Architect with Kimley-Horn & Assoc., Inc., presented two plans to receive feedback in terms of programmatic uses and layout. Mr. Durham described how Concept A would relocate the veterans memorials, playground and volleyball area. It would also provide for a pavilion, bandstand and incorporate additional parking as well as a space for tents and kiosks during special events. The cascading waterfall would help to screen the backside of U.S. Highway 1 and tone down any traffic or sounds coming from the road itself. By redesigning the splash pad, he was hoping to incorporate more elements to make it more enjoyable for kids and their parents. The playground would be adjacent to the current location so that the City doesn't have to run pipes further down the road or across the street. All the plumbing and, electrical, capabilities are already there. With the closure of Harrison Street, Mr. Durham said it would provide a safer connection to the event spaces, from the main park. A bus stop drop-off area would also be proposed for those who would like to enjoy the park but don't want to drive. By relocating the pavilion to the northeast, it would open the space to provide a nice backdrop to the river during performances and people could sit under the existing shade trees. Concept B keeps the veterans memorials where they are at, enlarging the paving area and configuring it differently so it feels more unified as a space itself. Adjacent to it, the he is proposing a flexible, stabilized gravel space that could be used for a food truck event, beer garden space, tent vendors or additional parking if needed. The closure of Harrison Street would provide for a safer connection from the main body of the park to the parking, the veterans memorials and etcetera to the south. rJ Riverview Park Master Plan Workshop April 9, 2025 Page 2 Mr. Durham said the other element to Concept B was locating the splash pad and the playground just north of the Harrison Street closure so it's still within that active use space area, utilizing some of the shade canopy coverage for the playground with a little bit more sun for the for the splash pad. The City Manager explained the two key factors of this project are that the splash pad has to be replaced and the portable stage is reaching its end of life. Staff determined that if grant funding was used, they could look at enhancing the entire park for the total project cost somewhere in the range of $3,000,000. He said the City has received three grants so far for the project: a Federal Land, Water and Conservation Grant for $1,500,000; a Florida Inland Navigational District Water Assistance Program Grant for $50,000 for the design concept; a Florida Inland Navigational District Grant for $40,000 for the docks; and there are pending a Division of Arts and Cultural Facilities Grant for $25,000; a Riverview Park Grant for $500,000 and a Florida Inland Navigational District Grant for $1,000,000 to start the construction. He assured the audience that the City won't commit the $3,000,000 if the majority of the grants don't happen but the splash pad will still be replaced. Questions and Answers Pearl suggested using a fence to separate the toddlers from the older kids in the water area. She also asked if Harrison Street and CR512 could be shut down so it can be paved for kids to practice riding their bikes, skateboards and scooters. A veteran and retired law enforcement officer said he spent two hours at the veterans memorial today and everyone he spoke to was opposed to moving the memorials. He also mentioned the view of the river over the memorials is the most beautiful view. With regard to the docks, the railings, lights and billboards need to be replaced. He also suggested cabanas and seating by the docks; as well as planting more trees for shade. He was passionately opposed moving the memorials. Steve _?� American Legion Post 189 and Sebastian Honor Guard, said he supports Concept B and is also against moving the memorials. He asked if there was a provision for pads for the rifle bearers as there is now. The City Manager said in Concept B, the main layout won't change and staff does plan to receive additional input from the veterans. Berny Vance said he liked Concept B and asked if it was going to be more expensive to move the splash pad noting if the splash pad is right next to the dry park, the kids will move back and forth gravitating to the splash pad. He suggested leaving the splash pad where it is. An unidentified woman said she was against moving the splash pad and veterans memorials. She asked if sails could be installed by the veterans memorials to provide shade. She also asked if that was a kayak launch by the finger piers. The City Manager responded that additional shade will be considered along with the possibility of a kayak launch but the wave activity might prohibit the development of a launching site. John Danise said the waterfront has always attracted people and suggested using staffs talents in other ways. He said in all of the people that he has talked to, not one person has mentioned that the park needs to be upgraded. Damien Lee Gilliams said the veterans memorials shouldn't be moved; he was excited about the amphitheater and hoped that audio engineers will help with the design. He suggested keeping the 0 Riverview Park Master Plan Workshop April 9, 2025 Page 3 parking spaces close to the memorials since there are so many disabled veterans. He said he feels strongly against the closure of Harrison Street since two businesses on Harrison operate 365 days a year, seven days a week there unlike the events. He asked for other solutions so that the main artery to Indian River Drive isn't closed such as laying cobblestone on the street to slow traffic. He also suggested increasing the bathroom plans as there isn't a port -a -potty corral noted on the design and he said some grills would be nice. Damien H. Gilliams said he would fight the closure of Harrison Street as it would directly affect his business and create a safety hazard because the traffic would be directed from a main road on US Highway 1 down to Harrison Street, then make a right into a parking lot where people are coming and going for the shopping plaza next door, it's asking for liability. Mr. Gilliams relayed his wife's concern that the volleyball courts wouldn't be the highest and best use for waterfront property; there would be hazards to the vehicles, pedestrians and traffic which might pollute the waterway. Mrs. Gilliams' message also included a suggestion to locate the children's park to a nonvehicle location off the river, maybe behind City Hall or elsewhere so that a pet friendly water spray station could be there. The children's park could include an environmental education walking trail with edible, landscape to serve the homeless and also to teach self -growers. Mr. Gilliams closed his remarks by noting more parking is needed and maybe there could be a trolley service from the north end to the south. Andrea Ring asked if it was easier to renovate the splash pad or move it. She said moving it would be a better choice than trying to renovate a piece of equipment that is not, usable right now. She also objected to moving the veterans memorials. Terry McGinn suggested a little trolley or a few golf carts to move people into the main area from the far reaches of the parking lot because many residents aren't youngsters anymore. Christy Lenz said she was opposed to moving the veteran's memorial. She asked if there would still be vehicle access to the offload kayak site at the finger piers; and if there would be new, additional parking and trailer parking on the south side. The City Manager explained that on a typical weekend where the diagonal spaces over grass is indicated, that would be trailer parking. Pete said he didn't think a floating dock would work for kayak launch site. He asked for more shade at the park. Roshan Desai, owner of Ar-Pat's Dry Cleaning, said he too has reservations and safety concerns about the closing of Harrison Street. Michelle Hennessey, owner of the Italian Cousins Restaurant, said she has 24 employees and there are 8 to 10 businesses frequently affected by the parking issues. Now there are 10,000 people coming to the clambake and other events, she asked where they are supposed to park. She noted that she hires four people to patrol her parking lot for patrons during these events. She suggested there be a private meeting with the business owners about this project. Joe Cataldo, owner of Riverpark Plaza, said if Harrison Street is closed, people will come up from the south along the river and if they miss the gravel driveway, they will have to cut through his parking lot. 9 Riverview Park Master Plan Workshop April 9, 2025 Page 4 Krystal Murdoch asked if any trees would be removed from the center of the park. The City Manager responded they would not in the center might but might be in the playground area. She also expressed concern with children going back and forth between the wet and dry playgrounds and asked for a playground section for 3 to 5-year olds; then one for 5 to 12-year-olds. The City Manager explained these items could be addressed during the construction phase of the park. Laura Dunn asked what was the overall purpose of the project. The City Manager explained the splash pad and playground equipment needs to be replaced so the grant funding would help to pay for those as well as other elements in the park including the overflow parking lot. JackThomas asked if the memorial bricks around the clock tower would be moved and if so, would they be put back in the same location. The City Manager said they would be placed back in the same location. The City Manager closed the workshop by thanking everyone for coming out with their valuable input and invited anyone with additional questions or comments to contact him or the Parks and Recreation Director, Richard Blankenship. Approved at the May 74, 2025 Regular City Council meeting. Mayor Bob McPortlon ATTEST: Jeanette Williams, City Clerk 10 CITY OF SEBASTIAN OF SEggs. A� S q41111111110P. o OF �� PF ICP CITY COUNCIL STAFF REPORT DATE May 14, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk Consider Approval of Draft April 9, 2025 City SUBJECT Council Minutes EXECUTIVE SUMMARY Draft minutes of the April 9, 2025 City Council meeting are presented for review. RECOMMENDATION Request changes if necessary. Consider approval of minutes. ATTACHMENTS: 1. April 9, 2025 City Council Minutes FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: $ 0.00 11 CITY OF SY13ASTI_AN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, APRIL 9, 2025 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting to order at 6:20 p.m. Pastor Alexis Talbot, Sebastian United Methodist Church gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Mayor Bob McPartlan Vice Mayor Fred Jones Council Member Kelly Dixon Council Member Ed Dodd Council Member Chris Nunn (via Zoom) Staff Present: City Manager Brian Benton City Clerk Jeanette Williams City Attorney Jennifer Cockcroft Finance Director/CFO Brian Stewart Community Development Director Alix Bernard Community Development Manager Dorri Bosworth Parks and Recreation Director Richard Blankenship Procurement and Contracts Manager Jessica Graham Public Works Director Lee Plourde Human Resources Director Cindy Watson Communications/Social Media Coordinator Avery Joens Police Chief Daniel Acosta Police Lt. Rob Vafiades 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS 25.060 A. Presentation by Indian River Countv Sheriff Eric Flowers Sheriff Flowers said he recently went before Vero City Council and spoke to them about partnerships to leverage purchasing power. He offered that if the City or the Police Department ever needed to work together on something, save money or do things better, he was there to help. 12 Regular City Council Meeting April 9, 2025 Page 2 25.061 B. Proclamation - National Public Safetv Week- April 13 to 19, 2025 - accepted by Sebastian Police DeDartmentTelecommunicators Mayor McPartlan read and presented the proclamation to Tuesday Holmes and Emma Hillyer. He thanked them for their calm voices when they deal with frantic people on the phone. Ms. Hillyer thanked Council and said with their collective efforts, they were proud to serve the community and look forward to continuing their important work together. 25.062 C. Proclamation - Water Conservation Month - April 2025 - Accepted by James Cannon, Interaovernmental Coordinator of the St. Johns River Water Management District Mayor McPartlan read and presented the proclamation to Mr. Cannon. He thanked Council and said this year's special emphasis was on irrigation systems. He invited the public to go outside of their homes to make sure their irrigation systems are functioning the way they should be and there aren't any leaks. He said more information on water conservation or anything else the district does could be found on the district's website sjrwmd.com. 25.063 D. Presentation on the Fiscal Year 2024 Annual Audit by the Firm Carr, Rigas & Ingram Christine Noll-Rhan, partner with Carr, Riggs, and Ingram, LLC gave a brief summary of the City's audit for Fiscal Year 2024. BriefAnnouncements: Friday, April 11- Chamber of Commerce Concert in the Park - 5.30-8 - Day Tripper Fridav, April 18 - Easter Eoa Hunt at Twin Piers Bunny Photos at 5:30pm Egg Hunt at 6:45pm Sebastian Police Dept. Movie Night Out at 7.15pm - Zootopia Vice Mayor Jones announced the upcoming events. 7. PUBLIC INPUT Brent Wohlenberg said he intends to bring the sea grass back in the lagoon and then there will be green sea turtles and speckled trout like you've never seen. He would like to leave this world better than he found it. Bob Burger said he was here a couple months ago, and asked how long the Stonecrop Drainage Project was going to take. He said he was happy to announce that it is well underway and the contractor is doing a great job out there. He asked what the cost of the project was. Nelson McCollum, 554 Gossamer Wing Way, said Waste Management has been cutting through the Collier Club subdivision to get to Roseland Road on non -trash pickup days using Brushfoot Drive. This is a road that the residents paved three years ago for $145,000. In an effort to save wear and tear on their road, he asked Council to contact Waste Management to stay off the road on non -trash days. The City Manager offered to take care of that the following day. 13 Regular City Council Meeting April 9, 2025 Page 3 Damien Lee Gilliams thanked Council for having the Riverview Park Workshop tonight and he invited the public to review the great ideas discussed. He asked Council to reconsider the plans for the park and how they will affect the businesses that are there before taking any further action. Damien H. Gilliams thanked Council for the workshop noting how important it was to the business owners and the veterans. He also thanked the City Manager and staff for assisting his neighbors on Layport Drive by putting up the speed detection radar. He noted that he made a public records request to find out that special counsel billed the City $20,000 to renounce his food truck appeal. He said because that is how he makes his income in this community; it was Council's responsibility to reach out to him to see what the problem was. In addition, he described how the closure of Harrison Street would also affect the value of his property which could be considered malicious prosecution. In response to a previous speaker, the City Manager reported that the total cost for the Stonecrop Project, is $2,800,000; with 75% coming from FEMA. 8. CONSENT AGENDA A. Consider Approval of March 12, 2025 City Council Minutes Consider Approval of March 26, 2025 City Council Minutes C. City Council Consideration of the Final Strategic Plan 2025-2027 Document Council Member Dodd asked to pull Item C. MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve Consent Agenda Items A and B. 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 Mayor McPartlan called for a recess at 6:51 to ensure Council Member Nunn could hear the meeting and as well as the public could hear his vote for the remaining matters. Upon return at 6:57 all members were present, included Council Member Nunn via telephonic communication. Item C — Final Strategic Plan 2025-2027 Document Council Member Dodd said he was very proud of the work that the consultant and the staff did on this strategic plan and he invited anyone interested in seeing what's going to be driving their 14 Regular City Council Meeting April 9, 2025 Page 4 City in the future, including all the budgeting process, to go out on the City's website and take a look. MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve Final Strategic Plan 2025-2027 document. 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 9. COMMITTEE REPORTS & APPOINTMENTS - None 10. PUBLIC HEARINGS A. Second Readina and Ouasi-Leaislative Public Hearina on Ordinance No. 0-25-06 — Consideration of an ADDlication for a Land Development Code Textual Amendment to Allow Accessory Dwellina Units (ADUs) in Sinale-Family Residential Areas by Establishina Definitions and Reaulations The City Attorney read the title to Ordinance No. 0-25-06 and Mayor McPartlan opened the public hearing at 6:59 p.m. There was no ex parte communication to disclose. The Community Development Manager said this was the second reading of the ordinance that will introduce accessory dwelling units into our residential area, single family into the code. She mentioned the City Clerk distributed a copy of the ordinance with the staff changes indicated in red with the underlined text that is to be added and the strikeout for what's deleted. She said she would go through the code and display some actual surveys of some homes in town to include a larger lot, a corner lot, an interior lot, and a double lot that will give Council some visuals of what ADUs may do. She also said the applicant was present if Council had any questions and she requested their presentation from the first reading be included in the records for the second reading. The Community Development Manager described how Ordinance No. 0-25-06 will provide a definition of accessory dwelling units in that they are going to be considered a type of accessory structure. So therefore, they're not going to be counted towards density in single family zoning districts. Because multifamily districts already allow for more than one unit, ADUs would not be permitted in those areas as well as some of the Sebastian Highlands that is zoned RM 8 with 10,000 square foot lots which provide for duplexes. She stated the purpose of the ordinance is to add a housing option and provide some affordable living accommodations. It would also allow homeowners to rent out the extra space for additional income. It will allow multi -generational living and aging -in -place options for families. And, maybe promote the conservation of vacant lots. 15 Regular City Council Meeting April 9, 2025 Page 5 The Community Development Manager continued to say the ordinance will prohibit use of the ADU as a vacation rental; and it cannot be used for a commercial business location, except for those that are allowed for a home -based business. The ADU could not be converted into a condo with two separate owners on one parcel; and if the ADU was on the vacant side of a double lot and the homeowner wanted to convert that into a full home, that ADU would have to come into compliance with minimum size, setbacks, and a carport or garage. She described how a homeowner could create an ADU by converting an existing living area in a split floor plan, or by using an attic or a garage, most likely not an attic, but a garage. Once a permit is applied for, the staff will look to see if it's going to have a sleeping, cooking, and bathroom area, and maybe a separate door. A home could also be added onto with a new floor area or a separate, detached structure could be built. She said the principal structure in the ADU must be on one tax parcel, which can be on a single lot or it can be through a unity of title; however, only one ADU per tax parcel will be allowed. The ADU unit could be "A" or "Unit A" or "Unit B" with one mailbox. The ADU can be permitted only after the principal residence has received its certificate of occupancy. The ADU can be charged an impact fee; staff is currently looking at Indian River County's guidelines. They do have certain exemptions for property owner who are under the income level. Staff would also have the homeowner, who wasn't using the ADU for a family member, submit an affidavit stating they would rent it out at an affordable rate to a very low income/extremely low income/low income or moderate -income family as defined by Florida statute. She said staff does not want to get into the enforcement of the on the rental arrangements but it would be available as a public record if there was a tenant problem it becomes a civil matter. The Community Development Manager described the design standards in that the ADU must be compatible with the character of the neighborhood and match the principal residence as close as possible. The Building Department and inspectors will review the electrical and plumbing so that it meets the residential Florida building code. The Community Development Department will make sure the ADU is in the best placement so occupants can share a driveway or backyard. She displayed layouts and calculations for six ADU possibilities on the overhead projector. (See attached) No one spoke in favor or opposition to the proposed ordinance. MOTION by Council Member Dixon and SECOND by Vice Mayor Jones to approve Ordinance 0- 25-06. Council Member Dodd said he met with staff and thanked them for going through this with him, he noted that after the first reading, he spent some time looking at other cities and what they're doing and he has come to the conclusion that while he wasn't convinced that it was putting development where it should be, not supporting wouldn't be gainful because ADU's are happening everywhere so he intended to vote yes on the motion. 16 Regular City Council Meeting April 9, 2025 Page 6 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 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Citv Council Consideration of a Time Extension Reauest for the Conceptual PUD Development Plan for River Oaks Subdivision The Community Development Manager said in October 2023, Council approved the conceptual development plan for the River Oaks Preserve, this was the one south of Landfair and Lighthouse with the extension of Shakespeare. The Code requires the developer to bring in an application for the next step of a PUD, the preliminary development plan, within 18 months. As the developer has been preparing the preliminary development plan, there has been a couple of items that have taken longer than what they anticipated such as the relocating of a canal with the Sebastian River Improvement District and the lining up of the Shakespeare Street extension with some of the Liberty Park and FDOT design requirements for the for the 510 widening. She said the code does allow an extension as long as the developer could demonstrate that they've been in good faith implementing and working towards that submittal. She said staff agreed that they have been working in good faith and a representative was available if Council had any questions. Council Member Dodd clarified for those people who live on Shakespeare that none of this request changes the agreements that were made to not connect Shakespeare all the way through and to put the gates and so forth there. He said this was a reasonable extension request and made a MOTION for approval. Vice Mayor Jones SECONDED the motion. There was no public input. 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 B. Selection of True North Emeraencv Manaaement. LLC for RFP 25-10, Disaster Debris Monitorina Services The Procurement Manager said the original contract was executed in 2014, it was time for a new contract by which three submittals were received and evaluated. Staff recommended moving forward with True North Emergency Management. She pointed out that nothing is listed in the M Regular City Council Meeting April 9, 2025 Page 7 funding source because the City will payout of pocket and then submit for reimbursement from FEMA. MOTION by Vice Mayor Jones and SECOND by Council Member Dixon to approve a contract with True North Emergency Management for disaster debris monitoring services. There was no public input. Connectivity was lost with Council Member Nunn at this point. Roll call: Mayor McPartlan Vice Mayor Jones Council Member Dixon Council Member Dodd Council Member Nunn Motion carried. 4-0 13. CITY ATTORNEY MATTERS - aye - aye - aye - aye - Zoom connectivity lost The City Attorney advised that the accessory dwelling unit ordinance might come back before them before the end of the year based on the legislative changes going on in Tallahassee right now. 14. CITY MANAGER MATTERS The City Manager advised that he has been working with the Mayor on composing some letters regarding different things which he has included in his monthly reports to them. He also advised that he has put a spreadsheet of the grants that the City has applied for on the dais and he clarified that it did not include the FAA or FDOT grants. He said staff is evaluating every possibility for grant opportunities and the grant writer currently under contract applies a second time if the City is denied a grant. He said he is very pleased with the grant writer who puts together very detailed application packets that are available for review should Council be interested. He requested a closed meeting prior to the next Council meeting at 5:00 p.m. to discuss labor negotiations. It was the consensus of Council to meet prior to the next Council meeting on April 23. The City Manager reported that the grant writer did apply for a Central Indian River Lagoon grant that was allocated from the Governor for the CRA area to assist with the conversion from septic to sewer. It is for $3,600,000 with a match required by the City of roughly $190,000. Staff is currently in communication with the Florida Department of Environmental Protection who has asked for a timeline and implementation plan on how the City plans to move forward on this. He said he expects the interlocal agreement with the County to come to Council at the April 23'd meeting. He said while he was announcing the award, he was still working to get everything in order so he could roll this information out to the public. 15. CITY CLERK MATTERS - None 18 Regular City Council Meeting April 9, 2025 Page 8 16. CITY COUNCIL MATTERS Mayor McPartlan said the workshop went well. He wished everyone stayed for the regular City Council meeting. Council Member Dixon wished everyone a Happy Easter. Council Member Dodd thanked the City Manager and the Mayor for getting the Septic to Sewer Interlocal Agreement with the County. He also thanked staff for their work on the Central Indian River Lagoon grant. Vice Mayor Jones said he was excited to continue protecting the Indian River Lagoon by having more septic tanks removed from the CRA district. 17. Being no further business, Mayor McPartlan adjourned the Regular City Council meeting at 7:31 p.m. Approved at the April 23,2025 Regular City Council Meeting Mayor Bob McPartlan ATTEST,• Jeanette Williams, City Clerk 19 CITY OF SEBASTIAN OF SEggs. A� S q41111111110P. o OF �� PF11-ICN CITY COUNCIL STAFF REPORT DATE May 14, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk Consider Approval of Draft April 23, 2025 Collective SUBJECT Bargaining Executive Session Minutes EXECUTIVE SUMMARY Draft minutes of the April 23, 2025 Collective Bargaining Executive Session are presented for review. RECOMMENDATION Request changes if necessary. Consider approval of the summary. ATTACHMENTS: 1. April 23, 2025 Collective Bargaining Executive Session Summary FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: $ 0.00 20 CITY OF SfJ3ASTJ)kN HOME OF PELICAN ISLAND CITY OF SEBASTIAN COLLECTIVE BARGAINING EXECUTIVE SESSION LABOR NEGOTIATING COMMITTEE April 23, 2025 - 5:00 PM Sebastian City Hall 1225 Main Street Sebastian, Florida MINUTES Pursuant to FS § 447.605, which provides: Section 447.605(1), Florida Statutes, provides as to the open meeting and other requirements of the Sunshine Law that "[a]II discussions between the chief executive officer of the public employer, or his representative, and the legislative body of the public employer relative to collective bargaining shall be closed and exempt from the provisions of s. 286.011." Section 447.605(3), Florida Statutes, provides as to the Public Records Act that "[a]ll work products developed by the public employer in preparation for negotiations, and during negotiations, shall be confidential and exempt from the provisions of s. 119.07(1), F.S.," Mayor McPartlan called the Executive Session to order at 5:00 p.m. in the Council Chambers. Mayor McPartlan announced the closed executive session was to discuss collective bargaining negotiations and would last approximately one hour. Thereupon, the chief executive officer, the City Manager of the City of Sebastian and the labor negotiating committee, including the legislative body of the public employer (City Council), reconvened in the 2nd floor conference room and met to discuss collective bargaining. Upon adjournment of the Collective Bargaining Executive Session by the Mayor, the City Council reconvened in the City Council Chambers for the regularly scheduled Council Meeting at 6:00 pm. 21 CITY OF SEBASTIAN OF SEggs. A� OF � PF ICP\4 CITY COUNCIL STAFF REPORT DATE May 14, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk Consider Approval of Draft April 23, 2025 City SUBJECT Council Minutes EXECUTIVE SUMMARY Draft minutes of the April 23, 2025 City Council meeting are presented for review. RECOMMENDATION Request changes if necessary. Consider approval of minutes. ATTACHMENTS: 1. April 23, 2025 City Council Minutes FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: $ 0.00 22 CITY Or SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY MINUTES WEDNESDAY, APRIL 23, 2025 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the Regular Meeting to order at 6:07 p.m. 2. A moment of silence was held. 3. Council Member Nunn 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 Clerk Jeanette Williams City Attorney Jennifer Cockcroft Finance Director/CFO Brian Stewart Community Development Director Alix Bernard Building Official/Fire Marshal Wayne Eseltine Parks and Recreation Director Richard Blankenship Procurement and Contracts Manager Jessica Graham Public Works Director Lee Plourde Human Resources Director Cindy Watson Cornmunications/Social Media Coordinator Avery Joens Environmental Technician Felicia Gordian Police Chief Daniel Acosta Police Lt. Roy Cole 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 23 Regular City Council & CRA Meeting April 23, 2025 Page 2 25.066 Proclamation - Volunteer Appreciation Week - April 20 throuah April 26, 2025. Accepted by the Sebastian Police Department's Communitv Policina Volunteers Mayor McPartlan read and presented the proclamation to Community Policing Officer Pieter Ketelarr and Rob Mastrandrea. Officer Ketelarr noted it's the police officers that deserve the thanks from the community. 25.067 Proclamation - Earth Dav - April 22. 2025, Accepted by Members of the Natural Resources Board Mayor McPartlan read and presented the proclamation to Natural Resources Board Chairman Charles Stadelman and Environmental Technician Felicia Gordian. Mr. Stadelman invited the public to come out to the Earth Day Celebration in Riverview Park on Saturday. 25.067 Proclamation - Arbor Dav - April 25, 2025, Accepted by Members of the Natural Resources Board Mayor McPartlan read and presented the proclamation to Natural Resources Board Chairman Charles Stadelman and Environmental Technician Felicia Gordian. Forthose who are interested, Ms. Gordian said there would be vendors at the Earth Day Celebration offering native trees to purchase. 25.068 Presentation by Jason Carnes of Clearwave Fiber - Citvwide Construction Announcement Mr. Carnes introduced himself and explained that Clearwave Fiber serves communities that need enhanced broadband services and they are ready to begin construction in Sebastian and embed themselves into the community with customer service representatives and technicians. (See attached PPT presentation) Brief Announcements: Friday, April 25 - Chamber of Commerce Concert in the Park in Riverview Park - 5.30-8pm (SRHS Band) Saturday, April 26 - Paper Shredding & Electronic Recycling Event - 500 Indian River Drive - 9am to Noon Saturday, April 26 - Household Items Spring Cleaning - Barber Street Sports Complex - 9am to Noon Saturday, April 26 - Natural Resources Board Earth Day Celebration in Riverview Park - IOam to 4pm Saturday, April 26 - Sebastian Police Department's Prescription Drug Take Back Day - In front of Walmart - IOam to 2pm Saturday, May 3 - Treasure Coast Astrological Society Star Gazing Event at the Twin Piers - 7.30- 9:30pm Vice Mayor Jones announced the upcoming events. 7. PUBLIC INPUT Richard Gillmor said he was disappointed in the current condition of Hurricane Harbor. He asked that Council put aside money for repairing City properties. Brent Wohlenberg described the current condition of the Indian River Lagoon. 24 Regular City Council & CRA Meeting April 23, 2025 Page 3 Terry McGinn said he has witnessed bullying, drinking and smoking by teen-agers at the new Creative Playground. With regard to Hurricane Harbor, the City Manager explained that staff is preparing a presentation for Council to decide which direction they would like to go with the building. 8. Mayor McPartlan recessed the City Council meeting and convened the Community Redevelopment Agency meeting. All members were present. A. A motion was made by Mr. Dodd and seconded by Ms. Dixon to approve the March 26, 2025 Community Redevelopment Agency Minutes which passed with a unanimous voice vote. 5-0 B. Consideration of a Facade Sian and Landscape Grant Reauest for VT Auto Care Located at 705 U.S. Hiahwav 1 The Community Development Director said this request was for a fa4ade improvement in accordance with the adopted CRA Master Plan, the grant reimbursement amount would be approximately $3,000 and the design could be viewed on page 18 of the agenda backup. MOTION by Vice Chairman Jones and SECOND by Mr. Nunn to approve VT Auto Care's grant request from the Facade, Sign, and Landscaping Grant Program. There was no public input. Roll call: Vice Chairman Jones - aye Ms. Dixon - aye Mr. Dodd - aye Mr. Nunn - aye Chairman McPartlan - aye Motion carried. 5-0 C. Consideration of an Interlocal Aareement between Indian River County, Sebastian Communitv Redevelopment Aaencv and the Citv of Sebastian for the Installation of Sewer Service within the Community Redevelopment Aa_ encv District The City Manager said this was a partnership between the Indian River County Utilities Department and the City of Sebastian to begin the process of converting 96 developed properties located within the CRA District from septic tanks to County sewer. He highlighted that the City and County will work together to obtain easements that are necessary; the City will provide up to $100,000 to cover the cost of materials for this 25 Regular City Council & CRA Meeting April 23, 2025 Page 4 project. If material costs exceed $100,000 the County must receive approval from the City for the additional funding. He also said the sewer mains were shown on Exhibit 1. He noted that City staff will be bringing forward an Ordinance which will require everyone in the CRA to connect to sewer within 1 year following the completion of this project. He thanked Joe Flescher, Indian River County Commissioner, Sean Lieske, Director of Indian River County Utility Services and John Titkanich, Indian River County Administrator for their partnership in this interlocal agreement. MOTION by Mr. Nunn and SECOND by Vice Chairman Jones to approve the Interlocal Agreement for the installation of sewer service within the Community Redevelopment District. Commissioner Flescher said it was a pleasure to see this come to fruition. Mr. Lieske thanked the City staff, City Attorney and the County Attorney for working together to help the river. There was no public input. Roll call: Ms. Dixon - aye Mr. Dodd - aye Mr. Nunn - aye Chairman McPartlan - aye Vice Chairman Jones - aye Motion carried. 5-0 Chairman McPartlan recessed the Community Redevelopment Agency meeting and reconvened the City Council meeting. All members were present. 9. CONSENT AGENDA 25.070 A. Alcohol Beverage Approval - Guettler Family 25.071 B. Alcohol Beverage Approval - Lachance Family MOTION by Council Member Nunn and SECOND by Council Member Dixon to approve consent agenda items A and B. 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 26 Regular City Council & CRA Meeting April 23, 2025 Page 5 25.007 10. 12. 13. COMMITTEE REPORTS & APPOINTMENTS A. Consideration of the Annual Report from the Natural Resources Board, Felicia Gordian, City of Sebastian Environmental Technician went over the board's accomplishments during the past year to include the hosting of last year's Earth Day/Arbor Day Celebration, two waterway cleanups, participation in the Christmas parade and Centennial Celebration. In addition, they developed the next iteration of Sustainable Sebastian's Action Plan, partnered with the Pelican Island Audubon Society in removing air potatoes at the Stormwater Park and completed some landscaping at the Garden Club Park. For the future, the board hopes to lead by example by deploying wooden utensils at City Hall to reduce the use of "single use plastics;" bring back the Champion Tree Program; and host more invasive species removal events. Council Member Nunn asked if incentives for green initiatives were ever considered for the building of homes. The City Manager said not at this time but if Council was interested it could be considered going forward. MOTION by Council Member Dixon and SECOND by Vice Mayor Jones to accept the annual report from the Natural Resources Board. There was no public input. Roll call: Council Member Nunn Mayor McPartlan Vice Mayor Jones Council Member Dixon Council Member Dodd Motion carried. 5-0 PUBLIC HEARINGS - None UNFINISHED BUSINESS - None NEW BUSINESS - aye - aye - aye - aye - aye 25.072 A. First Readina and Consideration of Ordinance 0-25-09 Amendina the Code of Ordinances of the Citv of Sebastian. Chanter 30 - Relatina to Businesses - in Order to Comply with Revisions of the Florida Statutes and Providina_ for Adoption upon Second Readina on May 28.2025 The City Attorney read the title to Ordinance No. 0-25-09. The Building Director said this ordinance was amending Chapter 30 which has some conflicting language with the 27 Regular City Council & CRA Meeting April 23, 2025 Page 6 Florida Statute. He cited the business tax exemptions that should be included in addition to a section that was missed: F.S. 205.162 Exemption allowed certain disabled persons, the aged, and widows with minor dependents.— (1) All disabled persons physically incapable of manual labor, widows with minor dependents, and persons 65 years of age or older, with not more than one employee or helper, and who use their own capital only, not in excess of $1,000. MOTION by Council Member Dodd and SECOND by Council Member Dixon to pass Ordinance No. 0-25-09 as amended on first reading and set the second reading for May 28, 2025. There was no public input. Roll call: Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dixon - aye Council Member Dodd - aye Council Member Nunn - aye Motion carried. 5-0 25.069 B. Consideration of an Interlocal Aareement between Indian River County„ Sebastian Community Redevelopment Aaency and the Citv of Sebastian for the Installation of Sewer Service within the Communitv Redevelopment Aa_ encv_ District The City Manager stated this item did come before the CRA board earlier in the meeting and he highlighted that the allocated $100,000 will come from the General Fund Reserves. He thanked the County for their partnership and all of the City staff who reviewed the many reiterations of the agreement over the last few months. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve the Interlocal Agreement between Indian River County, the Sebastian Community Redevelopment Agency and the City of Sebastian for the Installation of Sewer Service within the Community Redevelopment Agency District. There was no public input. 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 28 Regular City Council & CRA Meeting April 23, 2025 Page 7 25.073 C. Reauestina City Council Waive the Competitive Sealed Bidding Reauirements and Authorize Coleman Fire Protection. LLC to Install Law Enforcement Dock Hose Stations The Procurement Manager asked Council to waive the bidding requirements. She said staff did follow the procurement process but no responses were received. She said Coleman Fire Protection is willing to install the dock hose stations under budget; if approved, it would come back before the CRA board for it's recommendation to City Council later in May. MOTION by Council Member Nunn and SECOND by Council Member Dixon to waive the bidding requirements to allow the Coleman Fire Protection, LLC proposal to move forward to the next CRA meeting, then Council. 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 25.074 D. City Council Consideration of Resolution No. R-25-13 Authorizing the City to Open an Investment Account with FLCLASS and Authorize the City Manager or Designee to Execute all Appropriate Documentation The Finance Director said asked Council to approve the opening of an investment account with FLCLASS to help diversify the City's investments at a higher rate of return. Matt Tight, Senior Director, FLCLASS Investment Services, said FLCLASS is AAA Rated Fund with over 200 participating local governments. They have a suite of investment options for the City to choose from. Council Member Dodd asked the City Manager to provide information on the investment returns in their quarterly report. MOTION by Council Dodd and SECOND by Vice Mayor Jones to approve Resolution No. R-25-13 authorizing the City to open an investment account with FLCLASS and have the City Manager execute all appropriate documents. Roll call: Council Member Dodd - aye Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dixon - aye 29 Regular City Council & CRA Meeting April 23, 2025 Page 8 Motion carried. 5-0 14. CITY ATTORNEY MATTERS - None 15. CITY MANAGER MATTERS - None 16. CITY CLERK MATTERS - None 17. CITY COUNCIL MATTERS Council Member Nunn - None Council Member Dixon - None Council Member Dodd - None Vice Mayor Jones thanked the County. He said the interlocal agreement has been a priority for himself and City Council to improve the lagoon and he was proud to sign it. Mayor McPartlan - None 18. Being no further business, Mayor McPartlan adjourned the Regular City Council meeting at 7:16 p.m. Approved at the May 28, 2025 Regular City Council meeting. Mayor Bob McPartlon ATTEST.• Jeanette Williams, City Clerk 30 CITY OF SEBASTIAN OF S E B,qS �I �2 0 Z ' PELICP' CITY COUNCIL STAFF REPORT DATE May 14, zoz5 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director SUBJECT Waiver of Fees EXECUTIVE SUMMARY The U.S. Coast Guard Auxiliary has requested the waiver of fees for the Sebastian Yacht Club rental for the auxiliaries' monthly meetings. The auxiliary has provided residents valuable education and training opportunities in boater safety, vessel operations and general marine safety and education. The request is for one Thursday per month; however, staff would suggest Council consider up to two dates per month for classes and clinics. The date(s) chosen will be in accordance with the calendar for use of the Yacht Club as managed by the Parks and Recreation Department. The value of this waiver is $Zoo per month. RECOMMENDATION Consider authorization to waive the rental fees for the U.S. Coast Guard Auxiliary for the Sebastian Yacht Club for the purpose of their monthly auxiliary meetings. ATTACHMENTS: 1. FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source n/a n/a Additional Funds Needed: s o.00 31 CITY OF SEBASTIAN AOF SEBgs,�i ti � 92 Tmp LICP�` CITY COUNCIL STAFF REPORT DATE May z4, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director Alcohol Beverage Approval- Summer Kickoff Concert In SUBJECT Riverview Park EXECUTIVE SUMMARY The City will be hosting the Summer Kickoff Concert June 6, 2025 from 6pm until g pm. The performers will be the band Hot Pink. There will also be food and dessert trucks. Staff is seeking authorization to have a vendor sell alcohol (beer). RECOMMENDATION Consider authorization to allow the sale of alcohol at the June 6, 2025 Summer Kickoff Concert. ATTACHMENTS: i. Staff Report 2. Application FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source n/a n/a Additional Funds Needed: s o.00 32 (11101 SEBASTIAN qeooprl HOME OF PELICAN ISLAND /( S / CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Phone: (772) 228-7054 Fax: (772) 388-8249 *For emergency purposes ONLY, please dial 772.473.0454 * NO PERSON SHALL DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA WITHIN ANY PARK OR RECREATIONAL AREA EXCEPT DESIGNATED PARK ROADS OR PARKING AREAS. ORD. 74-4.DR1 VING OR PARKING ANY UNAUTHORIZED VEHICLE IN THE PARK AREA WILL RESULT IN FORFEITURE OF THE SECURITY DEPOSIT X Please check appropriate box(es): Park Event (75 to 300 anticipated attendees) Special Event (301 or more anticipated attendees) S400 rent plus 3.0% tax = $412.00 plus a $1500 rent plus 3.0% tax = $1545.00 plus a $200 Security Deposit $500 Security Deposit per day. No Will event require road closures ? `Must provide detailed site plan with application. *If requesting road closures, include road closure plan. *Special Events and Alcohol Beverage Request require City Council Approval Today's Date: 4/23/2025 Lisa Phillips City of Sebastian Parks and Recreation Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) 1225 Main Street Physical Address Mailing Address if Different Sebastian FL 32958 (772 255-4568 City State Zip Phone 6/6/2025 Requested Date(s) Rain Date (if applicable) 6:00 PM - 9:OOPM 250 Time From - To Anticipated Number of Attendees Outdoor Concert Iphillips@cityofsebatian.org Reason for Rental = Type of Function E-Mail Address Will there be any sale of goax? Yes_ _ _ _ No (If yes, please describe type of goods on back) Will thr be food or other vendors? Yes Jl _ _ No (If yes. please list name, address of each on back with description and schematic of structures (tents, etc.) to be erected or otherwise assembled on back. (May require Health Dept, or Fire Dept, permit) I. Lisa Phillips the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization. I am aware of the provisions of the City of Sebastian Codes in respect to this application and use of City facilities for which I have applied for a permit for a Park Event or Special Event. I have been provided with the general rules prescribed by the City and agree to the terms thereof. gnature o A p'cant Park Event or Special Event/Permit Application Rev 09.11.2024 33 City of Sebastian Home of Pelican Island City of Sebastian Municipal Police Department ADulication for Police Extra -Duty Officer Services This application is required to engage extra -duty services of the requested number of Officers for public safety, health and welfare services that are in addition to those provided generally to the public. It is understood that this is a non -binding agreement. A minimum of five (5) days advance notice is requested prior to the service date and advanced payment is required. Cancellation of the detail, with less than 24 hours notice prior to commencement of the detail, will result in three (3) hours minimum billing per Officer. Payment should be made payable to the City of Sebastian, 1225 Main Street, Sebastian, Florida 32958. *** (3) Hour Minimum Per Each Officer Required*** Rate Per Hour For Each Officer includes marked unit ..............S60.00 Holiday Rate ................... S65.00 Rate Per Hour For Each Supervisor includes marked unit ........... S70.00 Holiday Rate ......................S75.00 Applicant: Lisa Phillips / City of Sebastian Parks and Recreation Mailing Address: 1225 Main Street City: Sebastian State: FL ZipCode: 32958 Requested By: Lisa Phillips Telephone Numbers: 772-255-4568 (1 Officer is required for attendance of 75 to 150 : 2 - Officers are required for attendance of 151 to 300) Number of Officers required: In Uniform: X Plain Clothes: Initial Date: 6/6/2025 Start Time: 5:30 PM End Time: 9:00 PM Second Date: Start Time: End Time: Third Date: Start Time: End Time: Services Requested: Same services as performed at Chamber of Commerce Concerts Service Location: Riverside Park Stage and Concert area Estimated Attendance: 250 Alcoholic Beverages Served: Yes X No Type Beer Other Comments or Duties: Date Received jpIic is i�gntu Please apply online once you have been approved: https://requests.delailkonimander.coiii/sebastian Reviewed By _ Command Staff Officer's Signature Date Worked Time Worked Officer's Comments 34 TY f$ ITY��j HOME OF PELICAN ISLAND SUILOINOOEPAR T MEN I URL PREVENTIONOFFKE 1775 AVMS STREET *SEBASTIAN. TLUHIDA 770W TELEPHONE: 17771 5S4 $57/ FAX 1777) MW 78- SPECIAL EVENT / PARK USE ONLY AppIicaIion date 4/23/2025 PERMITTECH �' ' Pa-1 PERMIT N0. �+✓/ 65 % Name of event: Summer Kickoff Concert with Hot Pink Organizationholdingevent: Citv of Sebastian Parks and Recreation Address location fore vent: 600 US HWY 1, Sebastian, FL, 32958 (if not owner of site, provide written consent from property owner) Date(s)of event: 6/6/2025 Time(s)of Event: from: 6:00 PM to. 9:00 PM COntactperson(s): Lisa Phillips Phone(s): 772-255-4568 / 772-663-2112 Contacte-mailaddress: Iphillips iaDcitvofsebastian.ora Date when ready for inspection: 6/6/2025 Time: 5:30 PM O APPLICATION SHALL BE ACCOMPANIED BY A NEATLY DRAWN, LEGIBLE SKECTCH SHOWING SITE LOCATION, SIZES OF ALL TENTS, LOCATION OF VENDORS, COOKING AREAS, GENERATORS, STRUCTURES OR STAGES. AND TEMPORARY SANITARY FACILITIES. RESPONSIBLE PARTY FOR THE EVENT SHALL CAREFULLY READ AND INTITIAL EACH BOX OF THE ATTACHED VENDORS SAFETY CHECKLIST AND SIGN AT THE BOTTOM. O NOTE: ADDITIONAL FEESMAY APPLY IF EVENT REQUIRES AN EXCLUSIVE OR NON EXCLUSIVE FIRE UNIT FROM INDIAN RIVER COUNTY FIRE BUREAU. APPLICATIONS ARE AVAILABLE AT INDIAN RIVER COUNTY FIRE BUREAU WEBSITE O ANY TENTS LARGER THAN 12X12 WILL REQUIRE A CERTIFICATE OF FLAME RESISTANCE SPECIAL EVENT COOKING QUESTIONAIRE 1. Location of cooking shown on attached sketch? YES No N/A 2. Is any cooking taking place under a tent? If yes, Explain: I V o (No deep frying permitted under a tent) 1 DescribeNumber, lypeandsize of cookers 4. Type(s) of heating source? (LP, Electric, Charcoal, etc.) LP SPECIAL EVENT SITE INFORMATION 1. Number of On -Site parking stalls utilized (provide a parking plan) Riverside Park, Cavcorp Z Is Off -Site or overflow parking available? Explain (provide agreements with property owners' Yes, Citv overflow lot 35 1. Number,type and locationof proposed restroomfacilities• Park Restrooms 2. Number and Type of temporary structure(s)• 0 Slze(s)- 3. Temporary electric power? Please check: Yes X X No Provided By: Portable Generator Other If Other, please describe: 4. Providing crowd control, security,or parking assistance? Yes X No If yes, please describe- Park Staff, COS Police Department S. Estimated attendance at peak time: 250 Only Items that In accordance with applicable Florida Statutes and City Ordinances will be permitted to be sold In the City of Sebastian. FIREWORKS ARE PROHIBITED FOR RETAIL SALEIN THE CITY OF SEBASTIAN. SPARKLERSAS DEFINED IN FA 791 MAY BE PERMITTED FOR RETAIL SALE PROVIDED A SPECIAL EVENT PERMIT HAS BEEN ISSUED BY THE CITY OF SEBASTIAN. Any vendor found In non-compliance with the Florida Fire Prevention Code and any associated NFPA may not be able to open and/or operate until the vendor corrects the code violatlon(s). I HAVE READ AND UNDERSTAND THE FORGOING SPECIALEVENT REQUIREMENTS AND VENDORS SAFETY CHECKLIST ` APPLICANT'S SIGNATURE: PRINTED NAME: Lisa Phillips U Approved: Denied: By: Date: aty Manager's Signature Approved: Denied: By: Fire Marshal's Signature Date: Fire Safetv Specialty Fees Small Special Event: One Day / < 25 sites/ No cooking or temp, electric/ Max tent size 12x12 NO FEE Reoccurrina Special Event: Non-consecutive but reoccurring one day Special Event $60.00 (per event One Day / < 25 sites/ May include cooking or temp, electric / Max tent size 12x12 depending on # of inspections) Good for 120 days / Up to 6 per year (may be extended with proper notice) l.arae Snecial Event: $60.00 All other Special Events (per event) -' ADDITIONAL FEES MAY APPLYFOR AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT THROUGH IRC FIRE RESCUE -- K1:i CITY OF SEEN HOME - PEEK AN IBLANO BUILOINOOIFAKIMLNT I IKE NU.VCNTION OIIk*I I PA VJQM H.WWAL: 1U J11 Y0` 58]r7 frA%IIJWI.011 I YW 21G. VENDORS CIIEC K L I ST SPECIAL EVENT VENDOR REOUIREMENTS General; Please read carefully l initial each section and sign at the bollorn All vendors shall be responsible for the following items: SPECIAL EVENT NAME: Summer Kickoff Concert _ VENDORNAME: CIS Of aSebStlan Parks and Recreation DATE(S)OFEVENT: 6/6/2025 Lisa PhillipsVENDOR CONTACT:" EVENT COORDINATOR:_ Lisa Phillips SPECIAL EVENT PERMH NO TENTS: All tents shall have some type of Flame Retardant or Resistant Certificate (TAG or PAPERWORK) on -site and submitted to the Fire Prevention Office prior to the event. Shade canopies smaller than 1202 without sides may be approved for use on a case by case basis. Canopies must be spaced a minimum of 4 ft. apart. No smoking allowed in any tent. COOKING TENTS: Tents are allowed to have cooking (APPROVED APPLIANCES! along the outer edges of the lent. LP gas tanks must be secured in place (max cap 20lbs.) Fire Extinguisher must be readily available. Any LP tanks larger than 20 lbs. shall be secured 10 ft. from tents with gas lines secured. All cooking vendors shall have a 10ft. separation from all other non -cooking vendors. NO DEEP FRYING UNDER TENTS FIRE EXTINGUISHERS: It is recommended that every vendor have an extinguisher. At least one currently certified and tagged, or within one year of manufacture date, extinguisher is required every 75 ft along event walkways. All vendors who are cooking and/or using generators are reguire to have at least one lib ABC cLr ; nt'y t=.nand or within one year of manufacture date. (2AtOBC) extinguisher All vendors who are deep fat frying are required to have at least one currently tagged Class K extinguisher SEATING: Seating and chair arrangements shall be approved by the Fire Prevention Office prior to the event and have a minimum of 311. wide walkways to all exits in the lent. Tents with an occupant load of over 49 require a minimum of 2 exits. LARGE TENTS: For tents, 20x20 or larger where enclosures are used (sides), exits shall have exit signage. If a tent is used at night, exit signs will have attached emergency lighting and be AC and DC powered. 20x20 or larger tents must have NO SMOKING signs. OPEN FLAMES: Any unauthorized open flames, fireworks or fuel -fired lighting or devices are prohibited in any tent or similar enclosure unless prior approval from the Fire Prevention Office is obtained. STORAGE: Use or handling of flammable liquids or gases shall be prohibited at the site unless specifically approved and inspected by the Fire Prevention Office. FLOOR/DECOR: No hay, straw, shavings or similar materials shall be permitted to be used within any structure, tent or canopy. Exceptions: Pre' approved flame retardant treated materials or livestock bedding/fodder. GENERATORS: Generators shall be on level ground, secured, and safely arranged and isolated from the occupants/general public. Exhaust shall be directed away from combustible material(s), people and/or animals. Spare fuel shall be stored in an approved container at a safe distance from the generator. NO HOT FUELING Fire extinguisher required. ELECTRIC: wiring and lighting shall be free of damage. All electrical equipment shall be isolated from the occupants/general public in a safe manner. All electrical connections and devices shall be in approved enclosures. COOKING: All food cooking concession trucks, trailers, and structures of rigid construction are required to have a currently lagged commercial ventilation and extinguishment/suppression systems if required per the FFPC and NFPA 96. Code References: Florida Fire Prevention Code (FFPC), NFPA 1, NFPA 96. NFPA 70, NFPA 101. <SNFPA 102 Any vendor(s) found not complying with any of the checklist items may not be allowed to open and/or operate until compliance is made. I have read avp understaru hP, above vendor requirements for this Special Event X _ _ _ (Responsible Party In Charge of Special Event) 37 CITY OF SEBASTIAN OF S E B,qS �I �2 0 Z ' PELICP' CITY COUNCIL STAFF REPORT DATE May 14, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Daniel Acosta, Chief of Police SUBJECT Law Enforcement Trust (Forfeiture) Fund Distribution EXECUTIVE SUMMARY The Sebastian Police Department is seeking City Council approval to allocate Law Enforcement Trust Fund (LETF) monies as a donation to the Executive Roundtable of Indian River County, a registered 501(c)(3) nonprofit organization. The Executive Roundtable's mission is to develop and support collaborative solutions that protect and enhance the well-being of Indian River County residents — particularly children and families —through community -based initiatives and partnerships. This request is in accordance with Florida State Statute 932.7055(5)(b), which permits the use of LETF funds to support nonprofit organizations whose activities are consistent with law enforcement efforts and public safety priorities. The Executive Roundtable plays a vital role in addressing root causes of juvenile delinquency and promoting positive youth development, which directly supports the prevention and intervention goals of the Sebastian Police Department. By supporting this organization, the Department strengthens community partnerships and reinforces its commitment to long-term public safety and youth -focused initiatives in Indian River County. RECOMMENDATION Staff respectfully recommends that the City Council approve a donation in the amount of $500 from the Law Enforcement Trust Fund to the Executive Roundtable of Indian River County, a registered 501(c)(3) nonprofit organization. This contribution, made on behalf of the Sebastian Police Department, supports the Roundtable's mission to enhance the well-being of Indian River County residents, particularly youth and families through collaborative, community -based solutions. The donation is consistent with Florida State Statute 932.7055(5)(b), which permits the use of forfeiture funds for purposes that strengthen law enforcement -community partnerships and support crime prevention initiatives. ATTACHMENTS: 1. Florida Statute 9 2. 05 2. Letter from Chief3of7Police FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $500 N/A Forfeiture Fund Additional Funds Needed: $ o.00 38 The 2024 Florida Statutes (including 2025 Special Session Q Chapter 932 PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW 932.7055 Disposition of liens and forfeited property — (1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal property, it may elect to: (a) Retain the property for the agency's use; (b) Sell the property at public auction or by sealed bid to the highest bidder, except for real property which should be sold in a commercially reasonable manner after appraisal by listing on the market; or (c) Salvage, trade, or transfer the property to any public or nonprofit organization. (2) Notwithstanding subsection (1), a seizing agency must destroy any image and the medium on which the image is recorded, including, but not limited to, a photograph, video tape, diskette, compact disc, or fixed disk made in violation of s. 810.145 when the image and the medium on which it is recorded is no longer needed for an official purpose. The agency may not sell or retain any image. (3) If the forfeited property is subject to a lien preserved by the court as provided in s. 932.703(7)(b), the agency shall: (a) Sell the property with the proceeds being used towards satisfaction of any liens; or (b) Have the lien satisfied prior to taking any action authorized by subsection (1). (4) The proceeds from the sale of forfeited property shall be disbursed in the following priority: (a) Payment of the balance due on any lien preserved by the court in the forfeiture proceedings. (b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of such property. (c) Payment of court costs incurred in the forfeiture proceeding. (5)(a) If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. 39 (b) These funds may be expended upon request by the sheriff to the board of county commissioners or by the chief of police to the governing body of the municipality, accompanied by a written certification that the request complies with the provisions of this subsection, and only upon appropriation to the sheriff's office or police department by the board of county commissioners or the governing body of the municipality. (c) An agency or organization, other than the seizing agency, that wishes to receive such funds shall apply to the sheriff or chief of police for an appropriation and its application shall be accompanied by a written certification that the moneys will be used for an authorized purpose. Such requests for expenditures shall include a statement describing anticipated recurring costs for the agency for subsequent fiscal years. An agency or organization that receives money pursuant to this subsection shall provide an accounting for such moneys and shall furnish the same reports as an agency of the county or municipality that receives public funds. Such funds may be expended in accordance with the following procedures: 1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate. 2. Such funds shall not be a source of revenue to meet normal operating needs of the law enforcement agency. 3. Any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 25 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program or programs. The local law enforcement agency has the discretion to determine which program or programs will receive the designated proceeds. Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe neighborhood, or school resource officer minimum expenditures or donations, the sheriff and the board of county commissioners or the chief of police and the governing body of the municipality may agree to expend or donate such funds over a period of years if the expenditure or donation of such minimum amount in any given fiscal year would exceed the needs of the county or municipality for such program or programs. The minimum requirement for expenditure or donation of forfeiture proceeds established in subparagraph 3. does not preclude expenditures or donations in excess of that amount. (6) If the seizing agency is a state agency, all remaining proceeds shall be deposited into the General Revenue Fund. However, if the seizing agency is: (a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Forfeiture and Investigative Support Trust Fund as provided in s. 943.362 or into the department's Federal Law Enforcement Trust Fund as provided in s. 943.365, as applicable. 40 (b) The Department of Environmental Protection, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited in the Internal Improvement Trust Fund, the Water Quality Assurance Trust Fund, the Inland Protection Trust Fund, the Coastal Protection Trust Fund, or the Solid Waste Management Trust Fund, as specified by the statute under which the violation occurs. (c) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 561.027, as applicable. (d) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor Vehicles Law Enforcement Trust Fund as provided in s. 932.705(1)(a) or into the department's Federal Law Enforcement Trust Fund as provided in s. 932.705(1)(b), as applicable. (e) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or into the Marine Resources Conservation Trust Fund as provided in s. 379.337. (f) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and prosecution of criminals within the judicial circuit. (g) A school board security agency employing law enforcement officers, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the School Board Law Enforcement Trust Fund. (h) One of the State University System police departments acting within the jurisdiction of its employing state university, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into that state university's appropriate local account. (i) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the General Inspection Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 570.205, as applicable. (j) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant to 21 U.S.C. ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall be deposited into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as provided in s. 250.175, as applicable. (k) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Department of 41 Legal Affairs Grants and Donations Trust Fund to be used for investigation and prosecution of Medicaid fraud, abuse, neglect, and other related cases by the Medicaid Fraud Control Unit. (1) The Division of Investigative and Forensic Services in the Department of Financial Services, the proceeds accrued under the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund to be used for the purposes of arson suppression, arson investigation, and the funding of anti -arson rewards. (m) The Division of Investigative and Forensic Services of the Department of Financial Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund as provided in s. 626.9893 or into the Department of Financial Services' Federal Law Enforcement Trust Fund as provided in s. 17.43, as applicable. (n) The Florida Gaming Control Commission, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Pari-mutuel Wagering Trust Fund established by s. 550.0951(5) or into the Florida Gaming Control Commission's Federal Law Enforcement Trust Fund established by s. 16.717, as applicable, to be used for the operation of the Florida Gaming Control Commission in accordance with ss. 16.71-16.716. (7) If more than one law enforcement agency is acting substantially to effect the forfeiture, the court having jurisdiction over the forfeiture proceedings shall, upon motion, equitably distribute all proceeds and other property among the seizing agencies. (8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a title, the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any law enforcement agency which elects to retain titled property after forfeiture, the appropriate state agency shall issue a title certificate for such property to said law enforcement agency. (9) Neither the law enforcement agency nor the entity having budgetary control over the law enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and approval of the budget for the law enforcement agency. 42 Daniel Acosta, Chief of Police 1201 Main Street, Sebastian, FL 32958 Phone:772-589-5233 1 Fax:772-388-1872 E-mail: spd@citvofsebastian.orp- May 5, 2025 Bob McPartlan, Mayor Kelly Dixon, Vice Mayor Fred Jones, Councilman Christopher Nunn, Councilwoman Ed Dodd, Councilman City of Sebastian 1225 Main St. Sebastian, FL. 32958 Reference: Expenditures from Forfeiture Account - FS 932.7055 (5) (b) Council Members, Per Florida Statute 932.7055 (5) (b) pertaining to the use of forfeiture funds- I am requesting to utilize some of these funds for the following items: The Executive Roundtable of Indian River County; this is a donation to assist with the tasks of effecting positive change and facilitating the needs of families in Indian River County. ($500) Thrive - Formerly Substance Awareness Center of Indian River County; this is a donation to assist with their mission of reducing the impact of substance misuse and behavioral health disorders in Indian River County through prevention, education, treatment, and recovery support. ($1,000) Police Industrial Tech.; this is for the purchase of two (2) Precision Immobilization Technique (PIT) maneuver bumper kits for our training vehicles. These bumper kits are not normal operating expenses and therefore are not in the budget. It is additional equipment that will afford our officers the necessary training to conduct PIT maneuvers that they will not be able to learn how to perform without and will only be for agency training use. ($19,700) I certify the above items are an allowed use of the forfeiture funds per Florida Statute 932.7055 (5) (b). If you have any questions, please feel free to contact me. Sincerely, Daniel Acosta Chief of Police 43 CITY OF SEBASTIAN OF S E B,qS �I �2 0 Z ' PELICP' CITY COUNCIL STAFF REPORT DATE May 14, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Daniel Acosta, Chief of Police SUBJECT Law Enforcement Trust (Forfeiture) Fund Distribution EXECUTIVE SUMMARY The Sebastian Police Department is seeking City Council approval to allocate Law Enforcement Trust Fund (LETF) monies as a donation to Thrive of Indian River County, a nonprofit organization dedicated to supporting the health and safety of our community. Thrive's mission is to reduce the impact of substance misuse and behavioral health disorders through a comprehensive approach that includes prevention, education, treatment, and recovery support services. This donation request is consistent with Florida State Statute 932.7055(5)(b), which authorizes the use of LETF funds to support community -based programs that complement law enforcement initiatives. Thrive plays a critical role in addressing substance abuse and mental health challenges that often intersect with law enforcement activity, particularly among vulnerable populations. By supporting Thrive, the Sebastian Police Department reinforces its commitment to proactive, community -oriented policing strategies that aim to reduce crime, promote wellness, and improve the quality of life for Indian River County residents. RECOMMENDATION Staff respectfully recommends that the City Council approve a donation in the amount of sl,000.00 from the Law Enforcement Trust Fund to Thrive of Indian River County, a 501(c)(3) nonprofit organization. This donation, made on behalf of the Sebastian Police Department, will support Thrive's mission to reduce the impact of substance misuse and behavioral health disorders in our community through prevention, education, treatment, and recovery support. The use of forfeiture funds for this purpose is in accordance with Florida State Statute 932.7055(5)(b), which authorizes such funds to be used in support of community -based programs that complement law enforcement efforts and promote public safety. ATTACHMENTS: 1. Florida Statute 9 2. 05 2. Letter from Chief3of7Police FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $1,000 N/A Forfeiture Fund Additional Funds Needed: $ o.00 44 The 2024 Florida Statutes (including 2025 Special Session Q Chapter 932 PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW 932.7055 Disposition of liens and forfeited property — (1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal property, it may elect to: (a) Retain the property for the agency's use; (b) Sell the property at public auction or by sealed bid to the highest bidder, except for real property which should be sold in a commercially reasonable manner after appraisal by listing on the market; or (c) Salvage, trade, or transfer the property to any public or nonprofit organization. (2) Notwithstanding subsection (1), a seizing agency must destroy any image and the medium on which the image is recorded, including, but not limited to, a photograph, video tape, diskette, compact disc, or fixed disk made in violation of s. 810.145 when the image and the medium on which it is recorded is no longer needed for an official purpose. The agency may not sell or retain any image. (3) If the forfeited property is subject to a lien preserved by the court as provided in s. 932.703(7)(b), the agency shall: (a) Sell the property with the proceeds being used towards satisfaction of any liens; or (b) Have the lien satisfied prior to taking any action authorized by subsection (1). (4) The proceeds from the sale of forfeited property shall be disbursed in the following priority: (a) Payment of the balance due on any lien preserved by the court in the forfeiture proceedings. (b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of such property. (c) Payment of court costs incurred in the forfeiture proceeding. (5)(a) If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. 45 (b) These funds may be expended upon request by the sheriff to the board of county commissioners or by the chief of police to the governing body of the municipality, accompanied by a written certification that the request complies with the provisions of this subsection, and only upon appropriation to the sheriff's office or police department by the board of county commissioners or the governing body of the municipality. (c) An agency or organization, other than the seizing agency, that wishes to receive such funds shall apply to the sheriff or chief of police for an appropriation and its application shall be accompanied by a written certification that the moneys will be used for an authorized purpose. Such requests for expenditures shall include a statement describing anticipated recurring costs for the agency for subsequent fiscal years. An agency or organization that receives money pursuant to this subsection shall provide an accounting for such moneys and shall furnish the same reports as an agency of the county or municipality that receives public funds. Such funds may be expended in accordance with the following procedures: 1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate. 2. Such funds shall not be a source of revenue to meet normal operating needs of the law enforcement agency. 3. Any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 25 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program or programs. The local law enforcement agency has the discretion to determine which program or programs will receive the designated proceeds. Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe neighborhood, or school resource officer minimum expenditures or donations, the sheriff and the board of county commissioners or the chief of police and the governing body of the municipality may agree to expend or donate such funds over a period of years if the expenditure or donation of such minimum amount in any given fiscal year would exceed the needs of the county or municipality for such program or programs. The minimum requirement for expenditure or donation of forfeiture proceeds established in subparagraph 3. does not preclude expenditures or donations in excess of that amount. (6) If the seizing agency is a state agency, all remaining proceeds shall be deposited into the General Revenue Fund. However, if the seizing agency is: (a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Forfeiture and Investigative Support Trust Fund as provided in s. 943.362 or into the department's Federal Law Enforcement Trust Fund as provided in s. 943.365, as applicable. 46 (b) The Department of Environmental Protection, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited in the Internal Improvement Trust Fund, the Water Quality Assurance Trust Fund, the Inland Protection Trust Fund, the Coastal Protection Trust Fund, or the Solid Waste Management Trust Fund, as specified by the statute under which the violation occurs. (c) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 561.027, as applicable. (d) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor Vehicles Law Enforcement Trust Fund as provided in s. 932.705(1)(a) or into the department's Federal Law Enforcement Trust Fund as provided in s. 932.705(1)(b), as applicable. (e) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or into the Marine Resources Conservation Trust Fund as provided in s. 379.337. (f) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and prosecution of criminals within the judicial circuit. (g) A school board security agency employing law enforcement officers, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the School Board Law Enforcement Trust Fund. (h) One of the State University System police departments acting within the jurisdiction of its employing state university, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into that state university's appropriate local account. (i) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the General Inspection Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 570.205, as applicable. (j) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant to 21 U.S.C. ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall be deposited into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as provided in s. 250.175, as applicable. (k) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Department of 47 Legal Affairs Grants and Donations Trust Fund to be used for investigation and prosecution of Medicaid fraud, abuse, neglect, and other related cases by the Medicaid Fraud Control Unit. (1) The Division of Investigative and Forensic Services in the Department of Financial Services, the proceeds accrued under the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund to be used for the purposes of arson suppression, arson investigation, and the funding of anti -arson rewards. (m) The Division of Investigative and Forensic Services of the Department of Financial Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund as provided in s. 626.9893 or into the Department of Financial Services' Federal Law Enforcement Trust Fund as provided in s. 17.43, as applicable. (n) The Florida Gaming Control Commission, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Pari-mutuel Wagering Trust Fund established by s. 550.0951(5) or into the Florida Gaming Control Commission's Federal Law Enforcement Trust Fund established by s. 16.717, as applicable, to be used for the operation of the Florida Gaming Control Commission in accordance with ss. 16.71-16.716. (7) If more than one law enforcement agency is acting substantially to effect the forfeiture, the court having jurisdiction over the forfeiture proceedings shall, upon motion, equitably distribute all proceeds and other property among the seizing agencies. (8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a title, the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any law enforcement agency which elects to retain titled property after forfeiture, the appropriate state agency shall issue a title certificate for such property to said law enforcement agency. (9) Neither the law enforcement agency nor the entity having budgetary control over the law enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and approval of the budget for the law enforcement agency. 48 Daniel Acosta, Chief of Police 1201 Main Street, Sebastian, FL 32958 Phone:772-589-5233 1 Fax:772-388-1872 E-mail: spd@citvofsebastian.orp- May 5, 2025 Bob McPartlan, Mayor Kelly Dixon, Vice Mayor Fred Jones, Councilman Christopher Nunn, Councilwoman Ed Dodd, Councilman City of Sebastian 1225 Main St. Sebastian, FL. 32958 Reference: Expenditures from Forfeiture Account - FS 932.7055 (5) (b) Council Members, Per Florida Statute 932.7055 (5) (b) pertaining to the use of forfeiture funds- I am requesting to utilize some of these funds for the following items: The Executive Roundtable of Indian River County; this is a donation to assist with the tasks of effecting positive change and facilitating the needs of families in Indian River County. ($500) Thrive - Formerly Substance Awareness Center of Indian River County; this is a donation to assist with their mission of reducing the impact of substance misuse and behavioral health disorders in Indian River County through prevention, education, treatment, and recovery support. ($1,000) Police Industrial Tech.; this is for the purchase of two (2) Precision Immobilization Technique (PIT) maneuver bumper kits for our training vehicles. These bumper kits are not normal operating expenses and therefore are not in the budget. It is additional equipment that will afford our officers the necessary training to conduct PIT maneuvers that they will not be able to learn how to perform without and will only be for agency training use. ($19,700) I certify the above items are an allowed use of the forfeiture funds per Florida Statute 932.7055 (5) (b). If you have any questions, please feel free to contact me. Sincerely, Daniel Acosta Chief of Police 49 CITY OF SEBASTIAN OF S E B,qS �I �2 0 Z ' PELICP" CITY COUNCIL STAFF REPORT DATE May 14, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Daniel Acosta, Chief of Police Law Enforcement Trust (Forfeiture) Fund Distribution in the amount of $19,700.00 to Police Industrial Tech forthe SUBJECT upfitting of designated training vehicles with PIT maneuver bumper kits EXECUTIVE SUMMARY The Sebastian Police Department is requesting City Council approval to utilize Law Enforcement Trust Fund (LETF) monies for the purchase of two (2) Precision Immobilization Technique (PIT) maneuver bumper kits to be installed on designated agency training vehicles. These bumper kits are specialized equipment necessary for the safe and effective instruction of PIT maneuvers, a critical pursuit intervention technique used in law enforcement. This expenditure complies with Florida State Statute 5932.7055(5)(b), which authorizes the use of forfeiture funds for law enforcement training and equipment that enhances the agency's ability to perform its duties. As these bumper kits are not normal operating expenses, they were not included in the department's annual budget and are therefore eligible for purchase through forfeiture funds. The equipment will be used exclusively for training purposes and will not be deployed on patrol vehicles. Acquiring this equipment will allow the department to provide realistic and controlled PIT training to our officers, ensuring they are properly prepared to execute this maneuver safely, when necessary, in the field. This investment supports the department's ongoing commitment to officer readiness and public safety. The purchase of this item is done pursuant to Florida Statute g287.057(1)(c) as an extraordinary procurement, as there is no other vendor who can make this bumper commercially due to patents. Therefore, it is considered a Sole Source purchase underthe existing City procurement guidelines and applicable Florida law. RECOMMENDATION Staff respectfully recommends that the City Council authorize the issuance of a purchase order in the amount of $19,700.00 to Police Industrial Tech. for the upfitting of designated training vehicles with Precision Immobilization Technique (PIT) maneuver bumper kits. This specialized equipment will be used exclusively for officer training purposes. Staff further recommends that the City Council authorize the City Manager, or their designee, to execute all necessary documents to complete this purchase using Law Enforcement Trust Fund (LETF) monies in accordance with Florida State Statute §932.7055(5)(b)• 50 ATTACHMENTS: 1. Florida Forfeiture Statute §93z.7o" 2. Letter from the Chief of Police to City Council 3. Extraordinary Procurement Certificate 4. Police Industrial Tech Sole Source Letter 5. Police Industrial Tech Quote FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $19,700.00 N/A Forfeiture Fund Additional Funds Needed: $ o.00 51 The 2024 Florida Statutes (including 2025 Special Session Q Chapter 932 PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW 932.7055 Disposition of liens and forfeited property — (1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal property, it may elect to: (a) Retain the property for the agency's use; (b) Sell the property at public auction or by sealed bid to the highest bidder, except for real property which should be sold in a commercially reasonable manner after appraisal by listing on the market; or (c) Salvage, trade, or transfer the property to any public or nonprofit organization. (2) Notwithstanding subsection (1), a seizing agency must destroy any image and the medium on which the image is recorded, including, but not limited to, a photograph, video tape, diskette, compact disc, or fixed disk made in violation of s. 810.145 when the image and the medium on which it is recorded is no longer needed for an official purpose. The agency may not sell or retain any image. (3) If the forfeited property is subject to a lien preserved by the court as provided in s. 932.703(7)(b), the agency shall: (a) Sell the property with the proceeds being used towards satisfaction of any liens; or (b) Have the lien satisfied prior to taking any action authorized by subsection (1). (4) The proceeds from the sale of forfeited property shall be disbursed in the following priority: (a) Payment of the balance due on any lien preserved by the court in the forfeiture proceedings. (b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of such property. (c) Payment of court costs incurred in the forfeiture proceeding. (5)(a) If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. 52 (b) These funds may be expended upon request by the sheriff to the board of county commissioners or by the chief of police to the governing body of the municipality, accompanied by a written certification that the request complies with the provisions of this subsection, and only upon appropriation to the sheriff's office or police department by the board of county commissioners or the governing body of the municipality. (c) An agency or organization, other than the seizing agency, that wishes to receive such funds shall apply to the sheriff or chief of police for an appropriation and its application shall be accompanied by a written certification that the moneys will be used for an authorized purpose. Such requests for expenditures shall include a statement describing anticipated recurring costs for the agency for subsequent fiscal years. An agency or organization that receives money pursuant to this subsection shall provide an accounting for such moneys and shall furnish the same reports as an agency of the county or municipality that receives public funds. Such funds may be expended in accordance with the following procedures: 1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate. 2. Such funds shall not be a source of revenue to meet normal operating needs of the law enforcement agency. 3. Any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 25 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program or programs. The local law enforcement agency has the discretion to determine which program or programs will receive the designated proceeds. Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe neighborhood, or school resource officer minimum expenditures or donations, the sheriff and the board of county commissioners or the chief of police and the governing body of the municipality may agree to expend or donate such funds over a period of years if the expenditure or donation of such minimum amount in any given fiscal year would exceed the needs of the county or municipality for such program or programs. The minimum requirement for expenditure or donation of forfeiture proceeds established in subparagraph 3. does not preclude expenditures or donations in excess of that amount. (6) If the seizing agency is a state agency, all remaining proceeds shall be deposited into the General Revenue Fund. However, if the seizing agency is: (a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Forfeiture and Investigative Support Trust Fund as provided in s. 943.362 or into the department's Federal Law Enforcement Trust Fund as provided in s. 943.365, as applicable. 53 (b) The Department of Environmental Protection, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited in the Internal Improvement Trust Fund, the Water Quality Assurance Trust Fund, the Inland Protection Trust Fund, the Coastal Protection Trust Fund, or the Solid Waste Management Trust Fund, as specified by the statute under which the violation occurs. (c) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 561.027, as applicable. (d) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor Vehicles Law Enforcement Trust Fund as provided in s. 932.705(1)(a) or into the department's Federal Law Enforcement Trust Fund as provided in s. 932.705(1)(b), as applicable. (e) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or into the Marine Resources Conservation Trust Fund as provided in s. 379.337. (f) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and prosecution of criminals within the judicial circuit. (g) A school board security agency employing law enforcement officers, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the School Board Law Enforcement Trust Fund. (h) One of the State University System police departments acting within the jurisdiction of its employing state university, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into that state university's appropriate local account. (i) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the General Inspection Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 570.205, as applicable. (j) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant to 21 U.S.C. ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall be deposited into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as provided in s. 250.175, as applicable. (k) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Department of 54 Legal Affairs Grants and Donations Trust Fund to be used for investigation and prosecution of Medicaid fraud, abuse, neglect, and other related cases by the Medicaid Fraud Control Unit. (1) The Division of Investigative and Forensic Services in the Department of Financial Services, the proceeds accrued under the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund to be used for the purposes of arson suppression, arson investigation, and the funding of anti -arson rewards. (m) The Division of Investigative and Forensic Services of the Department of Financial Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund as provided in s. 626.9893 or into the Department of Financial Services' Federal Law Enforcement Trust Fund as provided in s. 17.43, as applicable. (n) The Florida Gaming Control Commission, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Pari-mutuel Wagering Trust Fund established by s. 550.0951(5) or into the Florida Gaming Control Commission's Federal Law Enforcement Trust Fund established by s. 16.717, as applicable, to be used for the operation of the Florida Gaming Control Commission in accordance with ss. 16.71-16.716. (7) If more than one law enforcement agency is acting substantially to effect the forfeiture, the court having jurisdiction over the forfeiture proceedings shall, upon motion, equitably distribute all proceeds and other property among the seizing agencies. (8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a title, the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any law enforcement agency which elects to retain titled property after forfeiture, the appropriate state agency shall issue a title certificate for such property to said law enforcement agency. (9) Neither the law enforcement agency nor the entity having budgetary control over the law enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and approval of the budget for the law enforcement agency. 55 Daniel Acosta, Chief of Police 1201 Main Street, Sebastian, FL 32958 Phone:772-589-5233 1 Fax:772-388-1872 E-mail: spd@citvofsebastian.orp- May 5, 2025 Bob McPartlan, Mayor Kelly Dixon, Vice Mayor Fred Jones, Councilman Christopher Nunn, Councilwoman Ed Dodd, Councilman City of Sebastian 1225 Main St. Sebastian, FL. 32958 Reference: Expenditures from Forfeiture Account - FS 932.7055 (5) (b) Council Members, Per Florida Statute 932.7055 (5) (b) pertaining to the use of forfeiture funds- I am requesting to utilize some of these funds for the following items: The Executive Roundtable of Indian River County; this is a donation to assist with the tasks of effecting positive change and facilitating the needs of families in Indian River County. ($500) Thrive - Formerly Substance Awareness Center of Indian River County; this is a donation to assist with their mission of reducing the impact of substance misuse and behavioral health disorders in Indian River County through prevention, education, treatment, and recovery support. ($1,000) Police Industrial Tech.; this is for the purchase of two (2) Precision Immobilization Technique (PIT) maneuver bumper kits for our training vehicles. These bumper kits are not normal operating expenses and therefore are not in the budget. It is additional equipment that will afford our officers the necessary training to conduct PIT maneuvers that they will not be able to learn how to perform without and will only be for agency training use. ($19,700) I certify the above items are an allowed use of the forfeiture funds per Florida Statute 932.7055 (5) (b). If you have any questions, please feel free to contact me. Sincerely, Daniel Acosta Chief of Police 56 CITY OF Sf]3AST1-W- HOME OF PELICAN ISLAND 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: May 05, 2025 TO: Jessica Graham, Procurement/Contracts Manager DEPARTMENT HEAD: Daniel Acosta, Chief of Police DEPARTMENT: Police Department ❑ Emergency TYPE OF PURCHASE: ❑ Single Source 0 Sole Source PROPOSED VENDOR: Police Industrial Technology ITEMS OR SERVICES Two training PIT bumper apparatus systems. REQUIRED: JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: Police Industrial Technology holds a patent in the US Patent office for the Pit bumper apparatus system. (Number US 9,132,795,B 1) There is no other company that can make this type of bumper commercially. ------------CERTIFICATIONOFAVAILABILITY/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. Digitally signed b Daniel Acos a pp . D a n i e l DN: c-Daniel Acosta, -US, —Sebastian Police Department, Acosta .M.il=ice Administration, email=dacosts@cityofsebastian.0' 05/06/25 Submitted: Date: zozs.os.os ts:os:zt-oa'oo� Date: Department Head Signature Approved: Date: Jessica Graham, Procurement/Contracts Manager Approved: Date: Brian Benton, City Manager (Rev. 1/2025) 57 Police Industrial Technology e e *PIT* POLICE INDUSTRIAL TECHNOLOGY e� 3904 N Ann Fresno Ca 937271 559-593-1458 1 iohn@DitbumDer.com 5-6-25 Sebastian Police Department Daniel Acosta Chief of Police Dear Sebastian Police Department: Police Industrial Technology holds a patent in the US Patent office for the Pit bumper apparatus system. Number US 9,132,795,131. Legally, there is no other company that can make this type of bumper commercially. This would be the reason for the sole source purchase Sincerely, John Hustedde President Police Industrial Technology 58 ■■ ■111■11111■■■■■111■111■■■■ 3904 N Ann Fresno Ca 93727 (559) 593-1458 5/6/2025 LIX11111131111RCE1 20250506 ❑XV1W Hl= -XR RU Quotation valid until: 5/16/2025 Dave Moore Prepared by. - Sebastian Florida 505 Airport Drive West Sebastian Florida 32958 772-588-4895 (Cell) IUVIAXFi_LRW:: Enter a T in each row that hould be taxed. (Note: This box won't print.) -RP P HQ RU1SHFID=AXFEffW1 None ❑❑❑❑❑❑❑❑❑❑❑ I ❑®®❑❑❑❑❑ II ❑❑®FM[III I ❑1U1® 1=1❑ I ❑❑❑❑❑ Due on receipt ❑❑❑I-❑m❑ --1-1J--Ll11111 ❑❑®1111❑l11❑ ❑❑❑❑❑CI❑" -❑ -.❑-_I 2 Ford SUV front PIT bumper kit 2 Ford SUV Rear PIT bumper kit 1 Shipping 3,100.00 6,300.00 900.00 6,200.00 12,600.00 900.00 SUBTOTAL TAX RATE SALES TAX OTHER u--1-1 $ 19,700.00 8.60% - - $ 19,700.00 If you have any questions concerning this quotation, contact John Hustedde 559-593-1458 or john@pitbumper.co ■■■i 111■■■1■ 111■■■111■■111■■■ 59 m. 60 CITY OF SEBASTIAN A Cr OF S E B,qs, xI '92 0 Z ' PELICP' CITY COUNCIL STAFF REPORT DATE May 14, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk Planning and Zoning Commission — Regular SUBJECT Member Expiration EXECUTIVE SUMMARY The Planning and Zoning Commission makes recommendations to City Council regarding zoning and land use change requests, amendments to the Land Development Code, amendments to the Comprehensive Plan, subdivision platting, PUD's, special uses, and special exceptions. They also review and make final decisions through the quasi-judicial process for site plan and conditional use requests. The term of current regular member, Sara Battles, has expired. In response to the City Clerk's advertisement looking for applicants, Sara Battles has responded that she would like to serve another term. There were no other applicants. RECOMMENDATION Consider the reappointment of regular member Sara Battles for another term on the Planning and Zoning Commission that will expire May 1, 2028. ATTACHMENTS: 1. Application 2. Advertisement 3. Board Member List FUNDING SOURCE: Expenditure required N/A Additional Funds Needed: $ 0.00 Amount Budgeted: Funding source N/A N/A 61 cm of 51E 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: Sara Battles Address: 530 Cross Creek Circle Zip: _32958 Telephone: (_703 E-Mail Address: _sara.battles@kimley-horn.com Employer: Kimley-Horn and Associates City: _Vero Beach Business Telephone: (_772 ) _794 City: _Sebastian State: _FL ) _843 - _1721 State: _FL Zip: _32958 - _7154 I am interested in serving on the following boards)/committee(s): 15S Choice: _Planning and Zoning Commission 2"d Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five 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 *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 62 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Graduate of Virginia Tech in 2008. Bachelor of Science degree in Civil and Environmental Engineering. 14+ vears' experience designing and permitting land develooment proiects. Resident of Sebastian for 7+ vears. Why do you want to serve on this board? I originaliv became a civil engineer with the intent to impact my local communitv. Based on my experience designing and permitting manv land -development proiects throughout Florida. I believe that I can provide a positive impact to my community serving on the Planning and Zoning Commission. It is important to me that our communitv leaders provide consistent and pertinent feedback on land development matters. as our local community grows. Do you presently serve on another City Board or Committee? _No If yes, please list: Have you previously served on any other City Board or Committee? _No 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. httr)://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 111) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fisenate.gov/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. 02/28/2022 Signature of Applicant: / Dante:: Date Received by City Clerk's Office Z�(S�ZOZ 2 by: ' J 63 0XVON .J HOME OF PELICAN ISLAND March 31, 2025 Contact: City Clerk's Office 388-8215 PRESS RELEASE PLANNING AND ZONING COMMISSION The City of Sebastian is seeking applicants to fill one expired, regular member position on the Planning & Zoning Commission. The Planning and Zoning Commission is responsible for planning and reviewing land use decisions within the City. This is a volunteer position. Applicants must have been a City resident one year prior to application and file annual financial disclosure. If Council fills the regular member position with an alternate member, Council reserves the right to fill the alternate position with the remaining applicants. This Commission meets on the first and third Thursday of each Month at 6:00 p.m. in the Council Chambers, 1225 Main Street, Sebastian. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.orq and will be accepted until April 21, 2025. 64 PLANNING & ZONING COMMISSION 3-YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 6:00 P.M. MEMBER NAME AND APPOINTMENT HISTORY ADDRESS [MOST RECENT HISTORY FIRST] Sara Battles Took Roth's unexpired regular member 530 Cross Creek Circle position 3/9/2022 Sebastian, FL 32958 Sara. battles(a)kimlev-horn.com (703) 843-1721 Rick Carter Reappointed 4/26/2023 237 Main Street Sebastian, FL 32958 Reappointed 5/27/2020 focussys(a)comcast. net 918-4600 Reappointed 3/22/17 Took Cardinale's expired regular member position 4/27/11 Took Durr's unexpired alt member position 2/9/11 Reappointed 3/26/14 Cindy Geesey Took Haddix's regular member position 108 Wood Stork Way 4/10/2024 Sebastian, FL 32958 catvaa()amail.com Appointed alternate member position (772) 918-8890 3/22/2023 Louise Kautenburg Reappointed regular member 6/26/2024 973 Oswego Avenue Sebastian, FL 32958 Brought back to regular member Louisekl (cDiuno.com 6/9/2021 696-3716 Appointed alternate member 2/12/2020 Reappointed regular member 2/22/17 Took Durr's unexpired regular member position 10/14/15 Reappointed alternate member 1/8/14 Took Hennessey's unexpired alternate member position 3/14/12 CURRENT STATUS Term to expire 5/1/2025 Term to expire 4/1 /2026 Term to expire 2/1 /2026 Term to expire 6/1/2027 65 Linda Kinchen Reappointed regular member 1/10/2024 Term to expire 11/1/2026 om*% 190 Delmar Street Sebastian, FL 32958 Took Hughan's unexpired regular lindadolfanla.aol.com member position 2/9/2022 (772) 538-0253 Susan Lorusso Took Alvarez's regular member position 113 Joy Haven Drive 3/22/2023 Term to expire 11 /1 /2025 Sebastian, FL 32958 sloru(a).aol.com Took Jordan's alternate member position (772)321-2150 11/21/2022 Sherrie Matthews Took Lucier's position 6/14/2023 Term to expire 5/1 /2026 Exempt per F.S.119.071 Smatt0618aa comcast.net Took Haddix's alternate member position (772) 473-6757 2/8/2023 Terry Reno — Alternate Took Geesey's position 4/10/2024 Term to expire 11/1/2025 208 Concha Drive Sebastian, FL 32958 tcrenl na bellsouth.net (954) 648-7639 Christopher Roberts - Took Matthews alternate member Term to expire 1/1/2026 Alternate position 6/14/2023 Exempt per F.S.119.071 Chroberts0015a-cimail.com (772) 643-0615 revised 7.1.2024 School Board Member: Dr. Gene Posca, (772) 269-3553 Gene.Posca@indianriverschools.org 4 regular members are needed to make a quorum. In the event a regular member cannot make the meeting, an alternate steps in. CITY OF SEBASTIAN OF S E B,qS �I �2 0 Z ' PELICP' CITY COUNCIL STAFF REPORT DATE May 14, zoz5 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Alix Bernard, Community Development Director Consideration of Ordinance 0-25-o8 Amending Land Development Code Article V Zoning District Regulations to SUBJECT incorporate a new zoning district known as Mixed -Use Zoning District and set date for second reading and public hearing on May 28, 2025. EXECUTIVE SUMMARY In June 2021, the Sebastian City Council adopted the 2040 City of Sebastian Comprehensive Plan. Within the Land Use Element of the Comprehensive Plan, Policy 1-1.3.6 incorporated a new future land use classification of Mixed -Use. This Policy states that corresponding design and development standards be codified in the City's Land Development Code. To implement this Policy, Staff has developed a new zoning classification that aligns with the Mixed - Use future land use designation, within the parameters of Policy 1-1.3.6, which will enable development consistent with the City's long-term planning goals. The proposed zoning classification introduces a tiered approach based on land area: 1. Neighborhood Mixed -Use (5 to 5o acres): Intended primarily for infill development and smaller -scale projects that integrate residential and non-residential uses within walkable neighborhoods. 2. Community Mixed -Use (50 to too contiguous acres): Supports a broader range of uses and intensities, appropriate for larger development sites that serve a wider local area. 3. Regional Mixed -Use (over soo contiguous acres): Designed for large-scale developments that function as major destinations and economic centers, supporting a mix of residential, commercial, employment, and civic uses. This proposed zoning classification was presented to the Planning and Zoning Board on April 3, 2025, and received a full recommendation for approval to the City Council. RECOMMENDATION Staff recommends approval of Ordinance 0-25-o8 to implement a new zoning district known as Mixed -Use Zoning on first reading, set date for second reading and public hearing on May 28, 2025. ATTACHMENTS: 1. Ordinance 0-25-o8 2. Business Impact Estimate Analysis 67 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A Additional Funds: N/A 68 ORDINANCE NO. 0-25-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE ARTICLE V ZONING DISTRICTS REGULATIONS TO INCORPORATE A NEW SECTION 54-2-5.16 TO BE KNOWN AS MIXED -USE ZONING DISTRICT; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian previously adopted the City of Sebastian Land Development Code which contains regulations relevant to the development of land in the City Limits; and WHEREAS, the City Council of the City of Sebastian previously adopted a Comprehensive Plan which sets out the future Land Use Elements of the City; and WHEREAS, the Land Use Element of the City of Sebastian's Adopted Comprehensive Plan Highlights encouraging mixed -use development and increased densities and intensities; and WHEREAS, the City of Sebastian's Local Planning Agency reviewed the proposed amendment on April 3, 2025, and made a recommendation of approval to the Sebastian City Council; and WHEREAS, the City Council has the responsibility and authority pursuant to the City's home rule powers as a municipal corporation of the State of Florida to determine uses that are suited for particular zoning categories and land use categories within the City; and WHEREAS, the City Council fmds the adoption of this Ordinance is in the public interest by serving to promote and protect the public health, safety, and welfare and otherwise serves a municipal purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. Adoption of Recitals/Advertising. The above recitals are hereby adopted as true, correct and found to be the legislative intent of the City Council of the City of Sebastian. Further, all advertising and public notice requirements have been timely made. Section 2. Textual Amendment. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: 1 69 Sec. 54-2-5.16 Mixed -Use Zoning District The City of Sebastian recognizes the importance of compact, urban forms of development centered on a mix of uses, residential and nonresidential, with specific design and development related standards. The City's adopted comprehensive plan identifies recommended "mixed -use" neighborhoods, each with its own representative and unique standards. The provisions established within this section of the Code shall apply to all parcels designated on the zoning map as a mixed -use district. Applicability. For the purpose of this section, nonresidential standards shall also include (apply to) multifamily developments. To ensure a mix of uses are developed, no more than 50 percent of the approved residential units may be constructed until at least 50 percent of the non-residential square footage is permitted through issuance of a building permit. A. Neighborhood Mixed -Use District (N-MU) 1) Intent. The Mixed -Use District (MU) is intended to serve as the City's traditional town center that features areas of economic, entertainment and community activities that encourage pedestrian accessibility and activity. The district is intended to create a vibrant, active town center that features a mix of uses, residential and nonresidential while requiring specific design and development related standards. Table 54-2-5.16.A. N-MU District Development Standards N-MU District Development Standards ilding Height Maximum 35' 10 Units/Acre) Density 12 Units/Acre Maximum (See Section 54-2-5.16.G with Incentives) Front/Street 01/6' Building Placement Side 1 5'/25' (min/max) Rear Z 25'/140' Length (min) NA Lot Width (min) NA Coverage (min/max) 50% / 75% Where Adjacent to Residential Zoning: 50' / .5 Perimeter Buffer Buffer Width/Opacity Where adjacent to all other Zoning: 25' / .25 Active Use Areas (see also Permitted, but active use area shall not be physically Frontage Open Space) adjacent to residentially zoned property. Entrances Oriented to Street(s) Parking Placement Off -Street (front and side limited; parking in rear preferred). 2 70 Shared Parking (Joint Use) Permitted; parking ratios in Sec 54-3-15.2 may be reduced by 25 percent. Permitted; may not be located along arterial or collector Accessory Parking roadways except where designed to mimic the Structure architectural designs and features of the project's buildings. Incentives Permitted Yes (See Section 54-2-5.16.G) Open Space Required (See Section 54-2-5.16.H: Open Space) See Design Standards Architectural Standards Minimum 40% transparency for ground floor; 30% transparency for upper stories of a building. Notes: 144' may be permitted to accommodate those lots without access to an alley or shared driveway in order to accommodate a driveway and one row of parking where rear serving parking or loading is provided. 2 Except where served by rear parking; may be increased to 250'. 2) Compliance with the comprehensive plan and future land use map. The established district must comply with the provisions of the Sebastian Comprehensive Plan Policy 1-1.3.6. 3) Location and Size. The location and size vary on the use being developed. Residential uses shall have a minimum of 5 to 50 contiguous acres under a common ownership or lawfully documented control. Commercial and industrial uses shall have frontage or documented legal access on a primary arterial roadway, as designated on the City of Sebastian Major Thoroughfare Plan. At the time a commercial or industrial application is submitted and approved by the city the land included in the application shall have a minimum of 5 to 50 contiguous acres and shall be under unified control as required pursuant to section 54-4-20.1(b). Industrial uses shall meet the perimeter transition area provisions. The City may require additional buffer width, depending on placement and adjacent land uses. 4) Permitted Uses: (a) Residential: Single -Family Dwellings Duplex Dwellings Multifamily Dwellings Foster Care/Group Homes with 6 or less residents Home occupations Townhouse Development Accessory Residential Uses (b) Commercial: Business and Professional Offices, excluding Drive -Through Facilities 3 71 Cultural or Civic Facilities Medical Services Commercial Retail 5,000 sq. ft. or less Pharmacies Medical Marijuana Dispensaries Parking Garages Churches; Administrative Services Public and Private Plant Nurseries Commercial Amusements, enclosed Restaurants Trade and Skilled Services (c) Industrial. Building Materials, enclosed Commercial amusements, enclosed. Commercial wireless telecommunication facilities Contractor Trades Equipment sales enclosed. Farmer's market Fish markets and packing facilities Industrial activities Laboratories, research and development, and similar uses <_ 5,000 sq. ft. Marine Supply and Service Parking garages. Plant nurseries. Sewage Treatment Plant Trades and skilled services. Utilities, public and private. Vehicular sales enclosed. Warehousing, enclosed Welding and Machine Shops Wet/dry storage of boats 5) Conditional Uses Permitted: (a) Residential: Foster Care/ Group Homes with 6 or more Residents Child Care Services Cultural or Civic Facilities 4 72 Schools, Public or Private Golf Courses and Support Facilities Bed and Breakfast Nursing Homes Churches Utilities, Public and Private Parks and Recreation, Public Protective and Emergency Services, Public Model Homes Accessory Uses to Conditional Uses (b) Commercial. Commercial Retail over 5,000 sq. ft. Gasoline Sales, Retail Businesses and Professional Offices with drive -through facilities Qualified Affordable Housing Restaurants, excluding Drive -Through Facilities Veterinary Services Funeral Homes Accessory Uses to Conditional Uses. (c) Industrial. Commercial amusements, unenclosed. Flea markets. Building Materials, unenclosed Equipment Sales, unenclosed B. Community (C-MU) Mixed -Use District 1) Intent. The Community Mixed -Use District (C-MU) allows for mixed -use developments featuring a mixture of residential and non-residential uses. C-MU's are intended to be larger in scale than other MU districts and focused on new development and the creation of new town centers in an integrated, master planned approach. Table 54-2-5.16.6. C-MU District Development Standards C-MU District Development Standards Maximum 35' Building Height 10 Units/Acre (By Right) Density 12 Units/Acre Maximum (See Section 54-2-5.16.G for Incentives) 5 73 Front/Street 15'/75' Building Placement Side 5'/50' (min/max) Rear 1 25'/200' Length (min) NA Lot Width (min) NA Coverage (min/max) 40% / 75% Where Adjacent to Residential Zoning: 50' / .5 Perimeter Buffer Buffer Width/Opacity Where adjacent to all other Zoning: 25' / .25 Active Use Areas (see also Permitted, but active use area shall not be physically Frontage Open Space) adjacent to residentially zoned property. Entrances Oriented to Street(s) Placement Off -Street (front and side permitted; parking in rear preferred). Shared Parking (Joint Use) Permitted; parking ratios in Sec 54-3-15.2 may be Parking reduced by 25 percent. Permitted; may not be located along arterial or collector Accessory roadways except where designed to mimic the Parking Structure architectural designs and features of the project's buildings. Incentives Permitted Yes (See Section 54-2-5.16.G) Open Space Required (See Section 54-2-5.16.H: Open Space) See Design Standards Architectural Standards Minimum 40% transparency for ground floor; 30% transparency for upper stories of a building. Notes: 'Except where served by rear parking; may be increased to 300'. 2) Compliance with the comprehensive plan and future land use map. The established sub -district must comply with the provisions of the Sebastian Comprehensive Plan Policy 1-1.3.6. 3) Location and Size. The location and size vary on the use being developed. Residential uses shall have a minimum of 50 to 100 contiguous acres under a common ownership or otherwise lawfully designated control. Commercial and industrial uses shall have frontage or legal access to frontage on a primary arterial roadway. At the time a commercial or industrial application is submitted and approved by the city the land included in the application shall have a minimum of 50 to 100 contiguous acres and shall be under unified control as required pursuant to section 54-4-20.1(b). [. 74 Industrial uses shall meet the perimeter transition area provisions. The City may require additional buffer width, depending on placement and adjacent land uses. 4) Permitted uses: (a) Residential: Single -Family Dwellings Duplex Dwellings Multifamily Dwellings Foster Care/Group Homes with 6 or less residents Home occupations; Townhouse Development Accessory Residential Uses. (b) Commercial: Business and Professional Offices, Cultural or Civic Facilities Medical Services Commercial Retail 5,000 sq. ft. or less Pharmacies Medical marijuana Dispensaries Parking Garages Churches Administrative Services, Public and Private Plant Nurseries Commercial Amusements, enclosed Restaurants Trade and Skilled Services (c) Industrial: Bottling plants, dairy products plants, wholesale bakeries, fruit packing and similar uses Building Materials, unenclosed Commercial amusements, enclosed Commercial wireless telecommunication facilities Contractor Trades Farmer's market Fish markets and packing facilities Gasoline and Fuel Stations Industrial activities Laboratory, Research and development facilities, enclosed Light Manufacturing, processing and assembly Marine power sales and service VA 75 Mini -storage facilities Parking garages Parking lots without building on the lot Plant nurseries Sewage Treatment Plant Storage facilities Trade and skilled services, including marine -related Utilities, public and private. Vehicular sales and related services Vehicular services and maintenance Warehousing, enclosed Welding and Machine Shop Wet/dry storage of boats Wholesale trade and services 5) Conditional Uses Permitted: (a) Residential: Foster Care/ Group Homes with 6 or more Residents Child Care Services; Cultural or Civic Facilities Schools, Public or Private Golf Courses and Support Facilities Bed and Breakfast Nursing Homes Churches Utilities, Public and Private Parks and Recreation, Public Protective and Emergency Services, Public Model Homes Accessory Uses to Conditional Uses. (b) Commercial: Commercial Retail that is over 5,000 sq. ft Gasoline Sales, Retail Businesses and Professional Offices with drive -through facilities Qualified Affordable Housing Restaurants Veterinary Services Funeral Homes N 76 Accessory Uses to Conditional Uses (c) Industrial: Crematory Equipment Sales, unenclosed Commercial amusements, unenclosed. Flea Market Protective and emergency services, public C. Regional Mixed -Use District 1) Intent. The Regional Mixed -Use is intended to permit intense concentrations of retail, employment, and high -density residential uses through a mixed -use development which would allow for increased densities using mixed -use zoning district incentives and regulate development per the standards defined in the table below. Table 54-2-5.16.C. R-MU District Develonment Standards %-MU District Development Standards Building Height Maximum 35' 8 Units/Acre (By Right) Density 12 Units/Acre Maximum (See Sec? on 54-2-5.16.G for Incen? ves) Front/Street 15'/50' Building Placement Side 5' min (min/max) Rear 1 10' min Length (min) 100, Lot Width (min) 25' Coverage (max) 75% Perimeter Where Adjacent to Residen? al Zoning: 50' / .5 Buffer Width/Opacity Buffer Where adjacent to all other Zoning: 25' / .25 �Ac? ve Use Areas (see Permi? ed, but ac? ve use area shall not be physically Frontage also Open Space) adjacent to residen? ally zoned property. Entrances Oriented to Street(s) Placement Off -Street Parking Shared Parking (Joint Use) Permi? ed; parking ra? os in Sec 54-3-15.2 Incen?ves Permi? ed Yes (See Sec? on 54-2-5.16.G) 01 77 Open Space Required (See Sec? on 54-2-5.16.H: Open Space) 2) Compliance with the comprehensive plan and future land use map. The established district must comply with the provisions of the Sebastian Comprehensive Plan Policy 1-1.3.6. 3) Location and Size. The location and size vary on the use being developed. Residential uses shall have a minimum of 100 contiguous acres under a common ownership or control. Commercial and industrial uses shall have frontage on a primary arterial roadway currently or as may be required. At the time a commercial or industrial application is submitted and approved by the city the land included in the application shall have a minimum of 100 contiguous acres and shall be under unified control as required pursuant to section 54-4-20.1(b). Industrial uses shall meet the perimeter transition area provisions. The city may require additional buffer width, depending on placement and adjacent land uses. 4) Uses Permitted: (a) Residential: Single -Family Dwellings Duplex Dwellings Multifamily Dwellings Foster Care/Group Homes with 6 or less residents Home occupations Townhouse Development Accessory Residential Uses (b) Commercial: Business and Professional Offices Cultural or Civic Facilities Churches; places of worship Medical Services Commercial Retail 5,000 sq. ft. or more Pharmacies Medical marijuana Dispensaries Parking Garages Administrative Services, Public and Private Plant Nurseries Commercial Amusements, enclosed Restaurants Trade and Skilled Services (c) Industrial: Utilities, public and private 10 78 Gasoline and Fuel Stations Crematory Commercial amusements, enclosed & unenclosed Storage facilities Plant nurseries Trade and skilled services, including marine -related Wholesale trade and services Farmer's market Fish markets and packing facilities Industrial activities Parking garages Parking lots without building on the lot Vehicular services and maintenance Marine power sales and service Wet/dry storage of boats Mini -storage facilities Protective and emergency services, public Bottling plants, dairy products plants, wholesale bakeries, fruit packing and similar uses Building Materials, unenclosed Commercial wireless telecommunication facilities Contractor Trades Laboratory, Research and development facilities, enclosed Light Manufacturing, processing and assembly Sewage Treatment Plant Welding and Machine Shop Recycling and Materials recovery facilities 5) Conditional Uses Permitted: (a) Residential: Cultural or Civic Facilities; Schools, Public or Private Golf Courses and Support Facilities Bed and Breakfast Churches Utilities, Public and Private Parks and Recreation, Public Protective and Emergency Services, Public Model Homes 11 79 Accessory Uses to Conditional Uses (b) Commercial: Gasoline Sales, Retail Restaurants, excluding Drive -Through Facilities Nursing Homes Veterinary Services Funeral Homes Accessory Uses to Conditional Uses Vehicular sales and related services Flea Market Equipment Sales, unenclosed Warehousing, enclosed (c) Industrial: Crematory Equipment Sales, unenclosed Commercial amusements, unenclosed Protective and emergency services, public Flea Market D. Requirements 1) A Master Development Plan ("MDP") shall be provided that identifies the boundaries of the development. The MDP depicts the locations of the 'Blocks" of development including the primary development focus for each Block, proposed density(s) and intensity(s) for each use, internal roadways, external roadway connections and types, and generalized building types as identified in Table 54-2-5.16.D below. Additional information and or plans as may be required by the City include but not limited to Vehicular Circulation Plan (A), Pedestrian Connectivity Plan (B), Bicycle Connectivity Plan (C) and Multimodal Plan (D) Table 54-2-5.16.D 3lock I — Cormiercial / Office ConTnercial—190,000 s.f. Office — 50,000 s.f. Bock II — Cormneraal / Office Camiercial — 215,000 s.f. Office — 50,000 s.f. Bock III — Commercial / Office Connucial — 365,000 s.f. Office — 500,000 s.f. Bock IV—ConTnercial / Presidential / Office Cormiercial—115,000 s.f Residential —400 Units Office — 500,000 s.f 12 80 II31ock V— Carmerdal Corrrriercial—106,000 s.f. II310 k VI — Carnwdal Comm dal — 70,000 s.f. IBlock VI I — Carmercial / F esidential / Office Carmercial—145,000 s.f. Residential —1,250 units Office — 1,000,000 s.f. II310 k VI I I — Ca wcial / Posidential / Office C Tmercial — 57,000 s.f. Residential —1,000 units Office — 600,000 s.f. IBlock IX—Camiercial / Residential / Hotel / Office Camiercial—128,0W s.f. Residential — 500 units Hotel — 4W Roorns Office — 600,000 s.f. IBIo k X- Block for Non -Building Uses (see below for development standards) E. Additional Compatibility Mitigation; Mixed -Use districts 1) Special Considerations. This section provides a necessary tool and process to guide decision makers in review of compatibility for unique circumstances and development types and where there are requests to exceed or modify development standards. In these instances, the application of additional mitigation deemed necessary to ensure compatibility of the proposed development with surrounding properties may be required. Additional mitigation standards include, but are not limited to: Lowering density and intensity; Increasing building setbacks; Adjusting building stepbacks (see Section 54-2-5.16.F below); Requiring tiered buildings; Adjusting onsite improvements to mitigate lighting, noise, mechanical equipment, refuse and delivery and storage areas; Adjusting road and driveway locations; and Increasing buffer types and/or elements of the buffer type. F. Building Setback/Stepback 1) Where adjacent to a residentially zoned area and or buildings are taller than the by -right height a Setback and or Stepback shall be required. Applicants may request the use of either an additional setback or stepback, or both; however, approval shall be provided by the City Council as part of the zoning request. 13 81 A building stepback is an architectural design element applied to the upper- story of a development and is required when a mixed -use district abuts a residential zoning district. Stepbacks are a step -like recession in a wall or fagade which allows for more daylight to reach the street level and create a more open, inviting pedestrian environment. Stepbacks reduce the scale of a building, increasing views of surrounding areas and emphasizes the ground floor of a structure to allow increased emphasis on pedestrian considerations. Stepbacks may be required for stories or features above a certain permitted height within a zoning district, per that district's development standards table and may be used as an additional compatibility mitigation per this section. When one mixed -use district abuts another mixed -use district, no compatibility setback is required. 2) Setback/Stepback determination. If a stepback is not provided, the minimum setback from the property perimeter buffer shall be increased by adding one-half of the building height to the required buffer. Stepbacks shall be a minimum of 15' in width. Figure 54-2-5.16.F Stepback, Buffer, and Compatibility Setback Compatibility Setback of 19.5 Feet 3 Stories (39 Feet) d a y� it I Adjacent Existing Residential property Proposed Development Single -Family Zoning Line Within Venice Avenue Figure 54-5-2.16.F.2 Stepback 14 G. Mixed -Use Zoning District Incentive 1) Generally. To promote development and redevelopment of mixed -use zoning districts, incentives may be applied to buildings and developments which qualify based upon the criteria of this Section. To encourage certain public benefits and create a more dynamic public realm, density bonuses may be permitted for the items defined below. Providing 3 of 4 of the incentive categories listed in this Section shall permit development at fifty percent (50%) of the maximum density bonus through incentives. Providing 4 of 6 of the incentive categories listed in this Section shall permit development at one hundred percent (100%) of the maximum density bonus through incentives. Incentives defined: (a) Adaptive Reuse of existing building(s) (b) 15 percent affordable housing (at or below 100 percent Area Median Income — AMI) (c) 25 percent of parking designated for as publicly accessible (d) Increase of active use area/publicly accessible open space in the form of a public plaza or similar medium open space size type (e) Streetscape enhancements along the length of the primary street including: 1. Street trees based on 40 feet O.C. 2. Increased width/landscape verge to a minimum 8 feet 3. Shade structures 4. Street furnishings including but not limited to benches, decorative lighting or similar (f) Providing three (3) or more uses (i.e., commercial, office, residential, industrial, etc). with no single use occupying less than 20% of the gross area of the project. 2) Priority Land Use Incentives. Priority land uses are recognized from the City's Comprehensive Plan and designated Mixed -Use land use designations and represent a community vision for a desired land use within a mixed -use zoning district. A mixed -use zoning district may recognize priority land uses and offer density incentives to implement priority land uses within a vertical or horizontal mixture of uses in a building or development. To qualify for this incentive, each building or development must include at least 2 priority land uses, each of which shall be at least 25 percent of the total. H. Mixed -Use Zoning Open Space 1) Mixed -Use Zoning Districts. All new development subject to this Section within mixed -use districts as defined in Section 5: Mixed -Use Zoning Districts, shall require a minimum of fifteen percent (15%) open space of the total development size. The required fifteen percent (15%) open space shall also comply with the following additional standards: (a) Less Than 25 Acres. For mixed -use developments less than twenty-five (25) acres, required open space shall include at least two (2) small open space types, as defined in Section 54-2- 5.16.H.A. 15 83 (b) 25-50 Acres. For mixed -use developments greater than twenty-five (25) acres, but less than fifty (50) acres in size, required open space shall include at least two (2) small open space types and one (1) medium open space type, as defined in Section 54-2-5.16.H.A. (c) Greater Than 50 Acres. For mixed -use developments greater than fifty (50) acres in size, required open space shall include at least three (3) small open space types and two (2) medium open space types, as defined in Section 54-2-5.16.H.A. Alternatively, three (3) small open space types may be substituted for one (1) medium open space type, however all percentage requirements shall be met. Table 54-2-5.16.H Open Space Sizes Open Space Size Acreage (Range) Small 500 SF —1.0 Acres Medium 1.0 — 2.5 Acres Large 2.5 Acres Or More 2) Open Space Types. In addition to different sizes, open space may take different forms, dependent upon both the nature of the development and the land in which it is established. Because of their nature, open space types may be considered more than a single open space size (i.e., an open space type may be considered both a small and medium open space size). Open space includes the following open space types, as defined below: (a) Small Open Space 1. Pocket Park. Pocket parks are defined as a small open space. Pocket parks are primarily intended to provide small active or passive recreation opportunities and act as a gathering space for residents or customers. Features may include small shade structures, gazebos, seating areas, multi -purpose lawn space, playgrounds, community gardens, dog parks, trails, or natural elements such as a stream or pond. 16 84 (b) Medium Open Space 1 Amenity Center. Amenity centers are defined as small or medium open spaces �,V_ and include a combination of enclosed and `1 44 open areas. Amenity centers provide recreational opportunities and are typically included in residential developments. Amenity centers may . include features such as pools, splash pads, clubhouse, small scale recreational facilities such as pickleball, soccer, or, shuffleboard, lawn games, and pavilions. Pavilions associated with an amenity center are open air structures that typically allow for shade, outdoor concerts, exhibits, and other activities commonly associated with neighborhood events. Designs of amenity centers and pavilions should be similar in architecture and material as the residential development. 2. Green. Greens are defined as small or medium open spaces. Greens provides more informal, natural spaces supporting active or passive recreation opportunities. Greens are typically bounded by rights -of - ways and the fronts of buildings. Greens may provide features such as multi- purpose lawn space, lawn games, playgrounds or play spaces, and limited small scale recreational facilities such as pickleball or soccer. 3. Plaza. Plazas are defined as small or medium open spaces. Plazas serve as a gathering place for civic, social, and commercial purposes. A plaza may contain a greater amount of impervious coverage than any other open space type. Plazas are typically located in the front or sides of a building or group of buildings and may not be located in the rear of the building or property. Pedestrian features such as shade structures, benches, tables, fountains, and public art are required. % Ir 17 85 4. Square. Squares are defined as small or medium open spaces. Squares serve as a more formal open space type for gathering for civic, social, and commercial purposes. Squares are typically bordered on all sides by a vehicular right-of-way (public and private), which, together with building frontages, creates a definition and boundary. Features may include seating areas, pedestrian facilities, play areas, shade structures, gazebos, seating areas, playgrounds, public art, statues, and monuments. (c) Large Open Space 1. Linear Park. Linear parks are defined as medium or large open spaces. Linear parks may be formalized based on function (i.e., provide multimodal or connectivity opportunities). Linear parks typically take advantage of scenic environmental attributes and follow a natural feature including but not limited to a stream, wetland system, or man-made feature natural feature. Features may include natural environmental features such as streams, benches, picnic tables, lawn games, and shade structures. 2. Neighborhood Park. Neighborhood parks are defined as medium or large open spaces. Neighborhood parks are intended to be a substantial component of a development and provide formal or informal active and passive recreational activities opportunities. Neighborhood parks typically serve as a medium or large open space area for residential subdivisions, planned developments, and mixed -use centers. t tEE tti, .. .TIP A , r ?. M y� (d) Open Space Design Standards. The design and incorporation of open space in a development shall comply with the following standards: 1. Distribution. Open space shall be, to the maximum amount practicable with respect to environmental considerations and subdivision design, evenly distributed throughout the development. 2. Distance. No two open space types shall be adjacent or within 1/4 mile radius of another open space, where practical. 18 86 3. Frontage. All open space shall have at least fifty (50) feet of frontage on at least one (1) public street within the development in which the open space resides. 4. Consolidation. Required open space requirements shall not be consolidated to meet the standards of this Section. It is the intent of this Section to require multiple open space types of varying sizes in each development per Section 54-2-5.16.H.1: Open Space Percentage Requirements. 5. Active and Passive Features. A minimum of twenty-five percent (25%) of all required open space shall be dedicated and designed to allow for active recreation features. Active recreation and passive features are identified in Table 54-2-5.16.H.2 below. Table 54-2- 5.16.H.2 includes, but is not be limited to, those features identified. The City may administratively approve similar features which keep with the intent of the listed active or passive recreation features. a. Active recreation is defined as recreational features, often requiring equipment and taking place at prescribed places, sites or fields, which allow for the active recreational needs of residents or users of the development which they serve. b. Passive recreation is defined as recreational features that do not require prepared facilities like sports fields or pavilions and require minimal disruption to a site. These include such activities as walking paths and other features defined in Table 54-2- 5.16.H.2. Table 54-2-5.16.H.2 Active and Passive Features Active Features I Passive Features Lawn Games and Concrete Gaming Tables Hard Courts (Pickleball, Tennis, Etc.) Playgrounds Swimming Pools and Splash Pads Athletic Fields (Soccer, Baseball, Etc.) Clubhouse, Pavilions, Amenity Centers Exercise Facilities Plazas I. Non -Residential Building Design Standards Walking Trails Boardwalks Gardens Greens Picnic Areas Lakes and Ponds Benches and Seating Areas Lawns and Natural Areas Greenways 1) Intent and Applicability. Non-residential design standards are additional standards intended to supplement the required zoning district development standards and specific use standards. 2) Generally. Buildings are an integral component of the development for non-residential developments. Buildings set mass, scale, and help define patterns of development. Building designs within the City should complement one another through color, design and building materials. Buildings are not required to use the same components, but shall provide features that reflect their surroundings. 3) Standards. Building design standards for non-residential buildings shall: 19 87 (a) Promote and enhance pedestrian scale (b) Feature appropriate levels of building articulation, transparency, and design elements (c) Limit undesirable design elements and promote desirable design elements (d) Screen loading and delivery areas and mechanical use areas, including thoseon roofs (e) Position primary entrance of a building toward a street or civic space area 4) Prohibited Design Elements. The following design elements, which do not promote high quality development or redevelopment, are prohibited: (a) Large, monotonous, unarticulated blank wall surfaces (b) Exposed and untreated blockwalls (c) Chain link fences and barbed wires (d) Mirror window glazing (e) False fronts (f) Loading bays or loading doors (g) Lack of architectural features (h) Lack of change in materials 5) Required Design Elements. The following design elements, which promote a high -quality development or redevelopment, are required for all buildings subject to this Section 54-2- 5.16.1: (a) Consistent architectural style, detail and trim (b) Facades which breakdown large elements of mass and scale where appropriate (c) Architectural details and articulation (d) Material changes reflective of function and appropriately placed (e) Canopies, porches, stoops, roof overhangs or other pedestrian friendly features (f) Shade and weather protection for ground floor entrances (g) Design elements such as cornice lines, columns, arches (h) Various fenestration and transparency elements 6) Building Form. Building form design shall take into account mass, scale, and articulation. Box- 20 E.E.