HomeMy WebLinkAbout05-28-2025 CC MinutesCITY OF
Sf)3ASTIAN
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
REGULAR MEETING
MINUTES
WEDNESDAY, MAY 28, 2025 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor McPartlan called the regular meeting to order at 6:00 p.m.
Rabbi Stephen Fuchs of the Temple Beth Shalom gave the invocation.
3. Vice Mayor Jones led the Pledge of Allegiance.
4. ROLL CALL
Mayor Bob McPartlan
Vice Mayor Fred Jones
Council Member Kelly Dixon
Council Member Dodd
Council Member Chris Nunn
Staff Present
City Manager Brian Benton
City Attorney Jennifer Cockcroft
City Clerk Jeanette Williams
Finance Director/CFO Brian Stewart
Community Development Director Alix Bernard
Community Development Manager Dorri Bosworth
Building Official/Fire Marshal Wayne Eseltine
Parks and Recreation Director Richard Blankenship
Public Works Director Lee Plourde
Human Resources Director Cindy Watson
Golf Superintendent Greg Gardner
Airport Manager Jeff Sabo
Police Chief Daniel Acosta
Police Lt. Dino Savvidis
5. AGENDA MODIFICATIONS - None
6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS
25.085 Proclamation -Sebastian River RowinoTeam for Their CommandinaPerformance atthe Florida
.
Scholastic Rowino Association's Sculling State Chamoionshio.
Regular City Council Meeting
May 28, 2025
Page 2
Mayor McPartlan read and presented the proclamation to Coach Tom Lange and members of
the Sebastian River Rowing Team who thanked Council for honoring them and the amazing
rowers.
25.086 Proclamation - Code Enforcement Officers Appreciation Week - June 1-7, 2025
Mayor McPartlan read and presented the proclamation to Officer Rich lachini.
25.087 Proclamation - Sebastian Area Historical Society Thirtieth Anniversary - Mav 31. 2025
Mayor McPartlan read and presented the proclamation to Sebastian Area Historical Society
President Patrick Morgan and their board of directors.
BriefAnnouncements:
Friday, June 6 - City of Sebastian Summer Kickoff Concert at Riverview Park - 6-9pm -
Featuring Hot Pink
Vice Mayor Jones announced the upcoming concert.
7. PUBLIC INPUT- None
8. Mayor McPartlan recessed the City Council meeting and opened the Community
Redevelopment Agency meeting.
A. Consider Approval of Draft April 23, 2025 Communitv Redevelopment Aaencv
Minutes
MOTION by Ms. Dixon and SECOND by Mr. Nunn to approve the April 23, 2025 CRA
minutes.
Roll call: Vice Chairman Jones - aye
Ms. Dixon - aye
Mr. Dodd - aye
Mr. Nunn -aye
Chairman McPartlan - aye
Motion carried. 5-0
B. Consideration of a Purchase Order for Coleman Fire Protection. LLC for
S79.300.00 to Install a Law Enforcement Dock Hose Stations and Authorize the
Citv Manaaer or Desianee to Execute,
The City Manager stated this purchase would be utilizing CRA funds in the amount of
$39,650 as the 50% match and 50% would be from a Florida Inland Navigation District
grant for a total expenditure of $79,300. There was no public input.
Regular City Council Meeting
May 28, 2025
Page 3
C. Consideration of Addendum No. 1 to CSA-04 for CoastwalWide. LLC to Provide
Swing and Bench Park State and Federal Permittina Not to Exceed S5.820.00 and
Authorize the Citv Manager to Execute the Agreement
The City Manager stated this was an addendum to the existing CSA agreement with
CoastalWide who was selected to handle the engineering and design for the Swing and
Bench Park. Initially their proposal included obtaining the permit waivers from the state
however once the documents were processed, the state denied the exemption. This
additional amount of $5,820 will provide for the procurement of state and federal
permitting.
MOTION by Ms. Dixon and SECOND by Vice Chairman Jones to approve Addendum No.
1 to CSA-04 for CoastwalWide, LLC to apply for state and federal permitting for the
Swing and Bench Park. There was no public input.
Roll call: Mr. Dodd - aye
Mr. Nunn -aye
Chairman McPartlan - aye
Vice Chairman Jones - aye
Ms. Dixon - aye
Motion carried. 5-0
Chairman McPartlan adjourned the Community Redevelopment Agency meeting and
reconvened the City Council meeting at 6:20 p.m.
9. CONSENT AGENDA
25.029 A. City Council Consideration of Resolution No. R-25-17 Florida Boater
Improvement Program Grant Application for Main Street Boat Ramp
25.047 B. Consideration of Addendum No. 1 to CSA-04 for CoastalWide, LLC to Provide
Swing and Bench Park State and Federal Permitting Not to Exceed $5,820.00 and
Authorize the City Manager to Execute the Agreement
MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve
Consent Agenda Items A and B.
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
Regular City Council Meeting
May 28, 2025
Page 4
10. COMMITTEE REPORTS AND APPOINTMENT
25.007 A. Consider Fillina Two Unexpired, Alternate Member Vacancies on the Natural
Resources Board
The City Clerk requested Council to make the appointments separately and add a
subsequent term to the first position scheduled to expire July 2025.
MOTION by Council Member Dodd and SECOND by Council Member Dixon to waive the
advertising requirements and appoint Frank Trinkle to the position that will expire July
2028.
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
MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to appoint
Deborah Shellenberger to the position that will expire July 2026 passed with a
unanimous voice vote of 5-0.
11. PUBLIC HEARINGS
25.082 A. Second Reading. Public Hearina and Adoption of Ordinance No. 0-25-08
Amendina Land Development Code Article V Zonina District Reaulations to
Incorporate a New Zonina District Known as Mixed -Use Zonina District
The City Attorney read the title to Ordinance No. 0-25-08 and Mayor McPartlan opened
the public hearing at6:23 p.m.
The Community Development Director said the ordinance included the changes
requested from the first reading regarding restaurants and professional office buildings
with drive -through facilities as a permitted use but pointed out there are other areas in
the code that list the drive-throughs as a conditional use requiring certain things such
as landscaping, screening, and distance from residential developments. By approving
this ordinance, the code would not be uniform in regard to drive -through businesses.
Discussion followed that restaurants with drive through facilities should go back as a
conditional use.
Regular City Council Meeting
May 28, 2025
Page 5
MOTION by Council Member Nunn and SECOND by Council Member Dixon to approve
Ordinance No. 0-25-08 with the changes to make the drive -through facilities a
conditional use. 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
25.072 B. Second Readina. Public Hearina and Adoption of Ordinance No. 0-25-09.
Amendina the Code of Ordinances of the City of Sebastian. Chanter 30 - Relating
to Local Business Tax Receipt - in Order to Comply with Revisions of the Florida
Statutes
The City Attorney read the title to Ordinance No. 0-25-09 and Mayor McPartlan opened
the public hearing at 6:28 p.m.
The Building Official said the ordinance was revised to include the exceptions under
F.S.205.162 for disabled persons, widows, with minor dependents, and the aged.
MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve
Ordinance No. 0-25-09 amending the Code related to Local Business Tax Receipt to
comply with the revisions of the Florida Statute.
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
25.083 C. Second Readina. Public Hearing and Adoption of Ordinance No. 0-25-10
Amendina Land Development Code Article VII General Reaulations Relatinato
Home Occupational Licenses Also Known as Home Based Businesses
The City Attorney read the title to Ordinance No. 0-25-10 and Mayor McPartlan opened
the public hearing at 6:31 p.m.
The Community Development Director said this was the second and final hearing for
the proposed home -based business ordinance to keep the City in compliance with
Florida Statutes.
Regular City Council Meeting
May 28, 2025
Page 6
MOTION by Council Member Dixon and SECOND by Council Member Nunn to approve
Ordinance No. 0-25-10 relating to home -based businesses. There was no public input.
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
12. UNFINISHED BUSINESS - None
13. NEW BUSINESS
25.016 A. Consideration of Resolution No. R-25-18. ADr)roval of the Amendment to Public
Transportation Grant Agreement FM448113-1-94-01 for Taxiway Golf, and
Authorize the City Manaaer or Desianee to Execute
The Airport Director stated this was an amendment to a previously accepted grant from
the state which splits the funding for this project over two fiscal years. These two grants
together will allow the City to start on the taxiway project.
MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve
Resolution No. R-25-18. There was no public input.
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
25.016 B. Consideration of Selectina Infrastructure Consulting & Enaineerina for
Construction Services on the Taxiway Golf Project Under CSA-14. and Authorize
the Citv Manaaer or Desianee to Execute
The Airport Director said Infrastructure Consulting and Engineering had been selected
to do the engineering design phase of the project and it was felt it would be to the City's
benefit to keep them for the construction services.
MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve
CSA#14 with Infrastructure Consulting and Engineering for the Taxiway Golf
construction services. There was no public input.
Regular City Council Meeting
May 28, 2025
Page 7
Roll call: Council Member Nunn - aye
Mayor McPartlan - aye
Vice Mayor Jones - aye
Council Member Dixon - aye
Council Member Dodd - aye
Motion carried. 5-0
25.088 C. Consideration of Amendment Four to the Agreement between the City of
Sebastian and International Golf Maintenance (IGM) to Extend the Aareement,
lmr)lement not to Exceed Budaet Amounts for the Remainina Contract Terms„
and Authorize the City Manager to Execute all Aaarooriate Documents
The City Manager said staff released a request for proposal in February to see what was
on the market and received five proposals; however, staff was unable to negotiate
favorable terms with any of the proposers. Before Council tonight was staffs effort to
extend IGM's existing contract out another four years (through September 30, 2029)
which will lock in pricing for the duration of the agreement with scheduled increases
beginning in fiscal year 2026 and also incorporate a comprehensive improvement plan,
communication plan, maintenance guidelines, and an agricultural plan designed to
enhance service delivery and align course conditions with customer expectations. He
asked for approval.
Council Member Nunn asked if price adjustments could be requested by the contractor.
The City Manager said in appendix four, the contractor can request increases but they
need to be justified and agreed to by the City.
Council Member Nunn commented that the rolling of the greens wasn't in the contract
and asked if it should be listed. Steve Gano, Vice -President of Operations, said the
rolling is normally done after aerification and he would be willing to add that language
into the contract.
MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve RFP
#25-12 Sebastian Municipal Golf Course Maintenance to include modification to Section
1.4 to indicate that after aerification the greens will be rolled. 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
25.089 D. Consideration for Approval of Resolution No. R-25-14 Aaarovina_ Buda_ et
Adjustments for FY 2024 Quarter 4. Endina September 30.2024
Regular City Council Meeting
May 28, 2025
Page 8
The City Manager said the resolution encompassed the budget adjustments that took
place in the 41h Quarter of Fiscal Year 2023-2024 which have been highlighted and
shown in the completed audit process.
MOTION by Vice Mayor Jones and SECOND by Council Member Nunn to approve
Resolution No. R-25-14, approving the budget adjustment for FY 2023-2024.
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
25.089 E. Consideration of Approval of Resolution No. R-25-15 Approvina_ Buda_ et
Adjustments for FY 2025 Quarter 1. Endina December 31.2024
The City Manager said this resolution included the budget adjustments that took place
in the 151 Quarter from 10/01 /2024 through 12/31 /2024. Included in their agenda
backup was each adjustment affecting fund balances and reserves between the
different accounts. He requested approval.
MOTION by Council Member Nunn and SECOND by Council Member Dixon to approve
Resolution No. R-25-15 approving the budget adjustment for the 1 It Quarter of FY2025.
Roll call: Council Member Nunn - aye
Mayor McPartlan - aye
Vice Mayor Jones - aye
Council Member Dixon - aye
Council Member Dodd - aye
Motion carried. 5-0
25.089 F. Consideration of Approval of Resolution No. R-25-16 Anprovina Budaet
Adjustments for FY 2025 Quarter 2. Endina March 31.2025
The Finance Director said this resolution included the budget adjustments for the 2Rd
Quarter of Fiscal Year 2025. He pointed out that the top section of the exhibit included
the adjustments affecting the fund balance, which are required to be approved by
Council; the bottom section were items of significance that only require City Manager
approval. Also in this specific item, he said there was a quarterly financial report
showing how the revenues are doing compared to last year and to the budget as a
whole; on the third page, a cash and investment section was included along with the
capital project status report.
Regular City Council Meeting
May 28, 2025
Page 9
Council Member Dodd said he is interested in seeing the financial position of the City.
He wants to be able to tell where the City is from a revenue projection against where
we thought we would be and where we are in an expense projection from where we
would be. He said this is important for him to understand so he can exercise his fiduciary
responsibility to the citizens. The City Manager and Finance Director said they were
open to having discussions regarding the reporting format of future budget
adjustments.
MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve
Resolution No. R-25-16 approving the 2"d Quarter budget adjustments for Fiscal Year
2025.
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
25.073 G. Consideration of a Purchase Order for Coleman Fire Protection. LLC for
579.300.00 to Install Law Enforcement Dock Hose Stations and Authorize the City
Manaaer or Desianee to Execute
The City Manager explained this was the same item they approved during the CRA
portion of the meeting which now needed Council approval to move forward.
MOTION by Council Member Nunn and SECOND by Council Member Dixon to approve
the purchase order to Coleman First Protection, LLC to install dock hose stations for the
law enforcement dock.
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
14. CITY ATTORNEY MATTERS
The City Attorney requested an attorney client session to discuss the Gilliams vs. the City
of Sebastian, Case No. 24-AP-02, which will be recorded by a certified court reporter,
attended by City Council, the City Manager and Special Counsel, Andrew Mai.
Regular City Council Meeting
May 28, 2025
Page 10
A MOTION was made by Council Member Dodd and SECONDED by Council Member
Nunn to move the Wednesday, June 11 Council meeting to Monday, June 9, starting at
6:00 p.m. with an attorney -client confidential session starting at 5 p.m. The motion was
unanimously approved with a voice vote of 5-0.
15. CITY MANAGER MATTERS
Barber Street Reaavina
The City Manager outlined the schedule of repaving Barber Street from Acorn Terrace
to U.S. Highway 1 that will begin Monday, June 2"d and last for an entire month. (See
map attached) He noted there will be police officers to help with truck traffic and it will
be done with single lane closures. He asked for the public's patience.
16. CITY CLERK MATTERS - None
17. CITY COUNCIL MATTERS
Council Member Dodd conveyed that Representative Brackett's Select Committee on
Property Taxes is planning to have road shows across the state to discuss the
elimination of ad valorem taxes. He encouraged the public to attend to learn how the
elimination sounds nice on the surface but it will have a severe negative impact for
municipalities.
Vice Mayor Jones thanked everyone for attending the Memorial Day Service to show their
support for the fallen men and women who have fought for this country.
Mayor McPartlan thanked staff for the sound system that keeps improving and he asked
for a little shade in the future.
Council Member Nunn also agreed that shade would be nice for that area in the future.
He also echoed Council Member Dodd's comments regarding property taxes.
Council Member Dixon said for the past two and a half years she has passionately served
the community with a purpose to be the voice for the many families who call Sebastian
home; and she has made it her mission to make sure this Council and City Hall fully
understood the demographics of the City. She said there is more programming and
opportunities for children and families but the mission was not done, but her time on
the dais was up. She said this was to be her last meeting due to a myriad of personal
reasons, and she said she has decided to step down effective immediately.
She said she would forever be grateful for the trust, enthusiastic acceptance, and the
opportunity to serve for the past two and a half years. She thanked everyone for this
opportunity of a lifetime.
Regular City Council Meeting
May 28, 2025
Page 11
Mayor McPartlan said she would be missed.
The City Attorney distributed copies of the Charter outlining two options to fill the
vacancy which she said can be discussed at the next meeting.
Council Member Dodd said it's been his honor to serve with Council Member Dixon, she
has been a real asset to the Council.
Vice Mayor Jones thanked Council Member Dixon and said he was sorry she was leaving
but he understands she has things she needs to take care of for herself.
Council made comments regarding if the vacancy should be filled until the next election
or for the remainder of Council Member Dixon's term. It was agreed to have the
discussion at the June g'h meeting.
The City Manager thanked Council Member Dixon for her leadership, he also thanked
her on behalf of staff for her direction and for trying to do what is best for families and
younger kids in the community. If she ever needed anything, he said that he and staff
would be there for her
18. Being no further business, Mayor McPartlan adjourned the Regular City Council meeting
at 7:26 p.m.
Approved at the June 25, 2025 Regular City Council meeting.
Mayor Bob McPartlan
ATTEST.
Jq6hette Williams, City Clerk
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CITY COUNCIL MEETINGS
City of Sebastian Charter - Sec. 2.12. - Procedure.
(a) Meetings.
• The city council shall meet regularly at least once a month at such times and places as the
city council may prescribe by resolution.
• Special meetings of the city council may be held on the call of the mayor or any council
member limited to one topic.
• There shall be at least twenty-four (24) hours advance notice of any special council meeting
called and said meetings shall only be held after 5 p.m.
• If a public emeraencv exists any council member or charter officer may call a special
meeting, and the advance reasonable notice is required.
• All city council meetings shall be public meetings, except as otherwise permitted by law.
Section 286.011(8), Florida Statutes:
(8) Notwithstanding the provisions of subsection (1), any board or commission of any
state agency or authority or any agency or authority of any county, municipal corporation,
or political subdivision, and the chief administrative or executive officer of the
governmental entity, may meet in private with the entity's attorney to discuss pending
litigation to which the entity is presently a party before a court or administrative agency,
provided that the following conditions are met:
(a) The entity's attorney shall advise the entity at a public meeting that he or she desires
advice concerning the litigation.
(b) The subject matter of the meeting shall be confined to settlement negotiations or
strategy sessions related to litigation expenditures.
(c) The entire session shall be recorded by a certified court reporter. The reporter shall
record the times of commencement and termination of the session, all discussion and
proceedings, the names of all persons present at any time, and the names of all persons
speaking. No portion of the session shall be off the record. The court reporter's notes
shall be fully transcribed and filed with the entity's clerk within a reasonable time after the
meeting.
(d) The entity shall give reasonable public notice of the time and date of the attorney client
session and the names of persons who will be attending the session. The session shall
commence at an open meeting at which the persons chairing the meeting shall announce
the commencement and estimated length of the attorney client session and the names of
the persons attending. At the conclusion of the attorney client session, the meeting shall
be reopened, and the person chairing the meeting shall announce the termination of the
session.
(e) The transcript shall be made part of the public record upon conclusion of the litigation.
• As an exception to the broader provisions of the Sunshine Law, section
286.011(8), Florida Statutes, should be read strictly or narrowly to accomplish the
specific purpose of the exception.
• The purpose of this exemption is to put local governments and state agencies on
an equal footing with the other parties in a lawsuit by allowing these governmental
agencies to protect their theories of litigation strategy or settlement negotiations
from the opposing party during the pendency of a lawsuit.
• Recognizing the public's interest in this type of public business, however, this office
will continue to read this exemption narrowly, as it would with any other specific
exemption to the law.
• A local government is not required to meet in closed session to discuss settlement
negotiations or strategy sessions relating to'litigation expenditures, but may take
advantage of the exception in Section 286.011(8), Florida Statutes, so long as the
conditions of the Statute are met.
Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies.
(a) Vacancies. The office of council member or the mayor shall become vacant upon his/her death,
resignation, removal from office in any manner authorized by law or forfeiture/suspension of his/her
office.
(b) Forfeiture of office. A council member or the mayor shall forfeit his/her office if he/she:
(1) Lacks at any time during his/her term of office any qualification for the office prescribed by this
Charter or by law;
(2) Violates any express prohibition of this Charter;
(3) Is convicted of a crime involving moral turpitude; or
(4) Fails to attend three (3) consecutive regular meetings of the city council without being excused
by the city council.
(c) Suspension from office. A council member or the mayor may be suspended from his/her office if
he/she is arrested for a felony or for a misdemeanor related to the duties of office.
(d) Special hearing. The city council, with the advice of the city attorney, will hold a special hearing to
consider the vote to remove or suspend a council member or mayor if in violation of sections (b) or (c)
above.
(a) Filling vacancies. Any vacancy in the office of council member shall be filled in accordance with the
provisions of this subsection:
(1) If there is a scheduled citywide election within six months of the occurrence of the vacancy, the
remaining members of the city council may either (A) permit the vacancy to be filled at that
election, or (B) appoint a replacement.
(2) If there is no scheduled citywide election within six months of the occurrence of the vacancy, the
remaining members of the city council shall appoint a replacement within 45 days.
In the event the city council fills a vacancy by appointment, the person chosen to fill the office
shall at the time of appointment meet the qualifications for a member of the city council. An
appointed city council member shall serve only until the next citywide election or until city council
revokes the suspension and restores the council member or mayor to office in accordance with
section 3 below. If the vacancy has occurred in the term of a city council member that extends
beyond the next citywide election, the remainder of the unexpired term shall be filled at that
election, and the candidate shall run specifically for that seat on the city council.
(3) If the council member or mayor is acquitted or found not guilty or is otherwise cleared of the
charges which were the basis of the arrest, indictment, or information by reason of which he/she
was suspended, under section (b)—(d) then the city council shall forthwith revoke the
suspension and restore the council member or mayor to office. However, any person who pleads
guilty or nolo contendere or is found guilty shall be deemed to have been convicted,
notwithstanding a suspension of sentence or a withholding of adjudication.
(f) Filling vacancies in candidacy. In the event that following the close of the official qualifying period set
out in Charter Section 4.02(b), the number of legally qualified candidates is fewer than the number of
seats open for election, the new city council shall fill the vacancy in office in the same manner
described above in paragraph (e) of this section.
Page 1 of 2
Sec. 2.02. Eligibility.
No person shall be eligible to hold the office of council member unless he or she is a qualified elector
in the city and actually continually resided in the city for a period of one (1) year immediately preceding the
final date for qualification as a candidate for said office. Once elected or appointed, the council member
must maintain a continuous physical residency and voter registration in the City of Sebastian throughout
their term of office.
Page 2 of 2