Loading...
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 Ir...IVS a 00 r� C .. IO Emmons 4 Z. ■w ■ ■ ■ ■ fii■ �. �- a` t�4t WPhase 3 londay, June 16 Friday, June Phase 5 Sunday night, June 29 & Mgn&y night, June 30 a se 4 onday, June 23 - Friday, June 27 a ...ai r S City of Sebastian Barber Street Phase 2 _r Multi -Phase PavingProject • . Monday, June 9 - ■ • . - . Friday, June 13 p Work will take place in phases throughout June. See the caption for more details. It 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