Loading...
HomeMy WebLinkAbout07-23-2025 CC MinutesCl I Vol: SE$ASTIA HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JULY 23, 2025 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the Regular City Council meeting to order at 6:00 p.m. 2. Pastor Grant Foster, Riverside Church, gave the invocation. 3. Vice Mayor Jones led the Pledge of Allegiance 4. ROLL CALL Mayor Bob McPartlan Vice Mayor Fred Jones Council Member 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 Senior Planner Michelle Faulkner Parks and Recreation Director Richard Blankenship Procurement and Contracts Manager Jessica Graham Public Works Director Lee Plourde Human Resources Director Cindy Watson Human Resources Assistant Kristen Sullivan MIS Manager Barbara Brooke -Reese Police Chief Daniel Acosta Deputy Police Chief Tim Wood S. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 25.007 A. Certificate of Aooreciation to Paul Dovell. Natural Resources Board Service Regular City Council Meeting July 23, 2025 Page 2 Mayor McPartlan read and presented a certificate of appreciation to Mr. Dovell for his Natural Resources Board service. Mr. Dovell said it was an honor to serve. Vice Mayor Jones announced there would be a Sebastian Police Department Back to School Fun Day in Riverview Park on Friday, July 251h. There will also be a Treasure Coast Waterway Cleanup on Saturday, July 261h and invited those interested to meet at the Main Street Boat Ramp at 8:00 a.m. He also announced the Chamber of Commerce's Grill Out would be held August 81h from 5:30 p.m. to 8:00 p.m. 7. PUBLIC INPUT Jim Clifton, 817 Cain Street, said yesterday, staff did a mark -out on Cain Street and he asked to see the plans for the work because as it was explained, the likely outcome of the work will be an impaired, not an improved ditch. He said he is available most of the time to discuss the work. The Public Works Director gave him his card to set up a meeting. 8. CONSENT AGENDA A. Consider Approval of June 9, 2025 City Council Minutes B. Consider Approval of June 25, 2025 City Council Minutes 25.111 C. Alcohol Beverage Approval - Jennings Family 25.112 D. Alcohol Beverage Approval - Shephard Family 25.113 E. Consideration of Road Closures and the Use of the Mobile Stage (without Fees) for the Sebastian River High School Homecoming Parade MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve Consent Agenda Items A-E. Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member Nunn - aye Mayor McPartlan - aye Motion carried. 4-0 9. COMMITTEE REPORTS & APPOINTMENTS 25.114 A. Consider Citizen Appointment to Construction Board The City Clerk said she has been contacted by Sonja Pedretti who isn't a contractor but would like to serve her community on the Construction Board as a non -contractor. Regular City Council Meeting July 23, 2025 Page 3 Council Member Dodd and Council Member Nunn suggested that she could serve in the alternate member position that expires on September 2025 but extend her position until 2027. Council Member Dodd asked the City Attorney if a citizen could fill a contractor position. The City Attorney asked for a moment to pull up the code. 25.007 B. Consider the Appointment of Three Expired Natural Resources Board Rea_ ular Member Positions The City Clerk said the three incumbents would like to serve another term and pointed out the she was currently advertising to fill the vacant regular member position. MOTION by Vice Mayor Jones and SECOND by Council Member Dodd to have the three incumbents serve another term passed with a unanimous voice vote. Council Member Nunn asked to waive the advertising requirements to fill the regular member position with one of the alternates. The City Attorney advised that since the position is currently being advertised, they should fill it at the next meeting. In reference to the Construction Board appointment, the City Attorney advised that the code provides the board shall be comprised of seven members and, as far as practical, shall consist of two licensed or certified contractors, one electrical contractor, one heating and ventilation contractor, one architect or engineer, one plumbing contractor, and one concerned citizen. The City Council may also appoint one or two alternate members for a term of three years. She said they could waive those requirements but since the code does say the term is three years, they should allow for a three-year term. MOTION by Council Member Nunn and SECOND by Council Member Dodd to appoint Ms. Pendretti to the alternate contractor position with a term to expire September 30, 2028. 10. PUBLIC HEARINGS 25.115 A. Consideration of Community Development Block Grant (CDBG) Five -Year Consolidated Plan and Annual Action Plan - Public Hearing and Adoption of Resolution No. R-25-26 The Community Development Director said this five-year plan requires City Council approval. There was a 30-day comment period to which they did not receive any comments. Regular City Council Meeting July 23, 2025 Page 4 Joseph Sheets, Anser Consulting, gave a PowerPoint presentation describing how the program has rehabilitated 25 housing units and replaced the sidewalk along North Central Avenue to date. (See attached) The City anticipates receiving $116,320 this year. MOTION by Vice Mayor Jones and SECOND by Council Member Dodd to approve Resolution No. R-25-26. There was no public input. Roll call: Council Member Dodd - aye Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Motion carried. 4-0 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 25.116 A. Employee Benefit Renewal Presentation Louis Centano, Gehring Group, displayed a PowerPoint going over the recommendations for renewal; the medical rate history; the 2025 renewal and RFP process for the dental and vision lines of coverage. (See attached) He described the Blue Value Solutions point attainment system that correlates to the percentage increase that will be experienced by the employees for their health insurance. For the dental and vision, he recommended a carrier change from Humana to MetLife; and, remaining with Lincoln Financial for the life insurance, voluntary life insurance, short-term disability, long-term disability, and employee assistance program. MOTION by Vice Mayor Jones and SECOND by Council Member Nunn to approve the employee benefit renewals as recommended by the Gehring Group. Roll call: Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dodd - aye Motion carried. 4-0 25.035 B. Consideration of a Motion to Set the Proposed Millaae at 3.5455 for FY2026 and Direct the Citv Manaaer to Execute and Transmit the Reauired Forms The Finance Director thanked Council and staff for their hard work in putting the budget together. He said some current factors affecting this year's budget are that the consumer price index inflation is up 2.4% for the year ending May 2025; interest rates remain high; the Fed's target rate at 4.25% to 4.5% is causing housing prices to decline Regular City Council Meeting July 23, 2025 Page 5 but it helps with interest revenue in the excess fund balance funds. The Florida unemployment is trending higher, up to 4% year over year in May and the Florida housing prices are down 2% year over year and 3.4% in Sebastian. However, a recent report just came out showing Sebastian housing prices are down 7.9%, which of the cities that were surveyed by Consumer Affairs across the United States, Sebastian was number 5 with the highest percent of decline in housing prices. The Sebastian taxable assessed value is up 8.40/6 for FY '26. Some unknown budget variables include the ongoing police and supervisor union negotiations and the non- union employee pay increases. The General Fund is expected to increase 3.8% due to personnel costs and operating expenditures, and he went over the Enterprise Funds. (Slides 6-8) He then went over the Special Revenue Funds. (Slides 9-15) He said the certified taxable values increased by $193,311,991 or 8.4% above 2025. This was made up of additions which account for $58,569,929 or 2.55% of the increase and the reassessments were $134,7420,062 or 5.86% of the increase. This makes the rolled - back rate at 3.0148 and staff is proposing a millage of 3.5455 which is an increase of 0.35 mils. To use the rolled -back rate to fund this budget it would require using $1,300,000 of the General Fund Reserves. He displayed slide 21 showing the millage impact on various home values. Setting the proposed millage for the trim notices at 3.5455 will be advertised as a 17.60% tax increase and he asked for Council approval of the tentative millage rate at 3.5455. Lance Lunsford, President of the Taxpayers Association of Indian County, thanked Council and staff for their collaboration -and openness. He said the association is recommending flexibility in the assessment of millage rates because of the unprecedented wave of growth here in Indian River County and they would like to make sure the City is prepared to handle the demand. Council Member Dodd said he had concerns over the many unknowns which are going to impact the budget such as the new retirement plan. They will have to either use reserves or tax increases to cover them. There are some small things that they can do, but there's nothing major enough for us to be able to not increase taxes. The City Manager said he has already dipped into the reserves for about $300,000 and there were many places that he has already squeezed but if Council wanted to set the millage a quarter mill, he would make it work. He said he was concerned about the property and liability increase because it wouldn't come in until early September. The only two funds that have sizable reserves are the Discretionary Sales Tax (DST) Fund and the Stormwater Fund. The DST Fund could fund the three airport projects but not the railroad crossing maintenance or salaries. The DST fund could also pay mill and overlay road paving but not preservation. Regular City Council Meeting July 23, 2025 Page 6 Discussion followed on keeping the quality of life where it is so the City doesn't have to catch up later and let staff find opportunities for additional savings. Mayor McPartlan said the Budget Review Committee was in support of the staff recommendation and with that, he made a MOTION to set the proposed trim at 3.5455 which was SECONDED by Vice Mayor Jones. Roll call: Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member Nunn - aye Motion carried. 4-0 The Finance Director said the two budget hearings are scheduled for September 15 and 24, 2025. 25.117 C. Consideration of Resolution No. R-25-25 to Accept FAA Grant Aareement - Desian Repair and Reseal of Runwav 10-28, Givina Approval for Citv Manaaer to Execute and Allocate $5,400 from Airport Reserves for the Matchina Funds The City Manager said in a recent PCI study, the runway was getting close to the bottom of the satisfactory rating. He said the FAA is willing to fund the design and hopefully they will be on board with helping with the construction. He requested approval. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve Resolution No. R-25-25. There was no public input. Vice Mayor Jones - aye Council Member Dodd - aye Council Member Nunn - aye Mayor McPartlan - aye Motion carried. 4-0 13. CITY ATTORNEY MATTERS The City Attorney said there was some recent legislation enacted regarding local government restrictions on comprehensive plan amendments, development orders, and the like. She was contacted by Weiss, Serota, Helfman, Cole and Bierman who are willing to take this on for a fee of $10,000, with an additional $5,000 for each appellate level. She distributed a sample resolution for Council to review to determine if they would like to join the lawsuit. It was the consensus of Council to have the City Attorney investigate what other cities have joined the lawsuit and bring back the resolution to their August meeting. Regular City Council Meeting July 23, 2025 Page 7 14. CITY MANAGER MATTERS The City Manager said every municipality has received a DOGE request for information from the Florida Governor's Office on July 11 in regards to fiscal years '21, '22, '23, and '24, and all of the revenue sources those municipalities have and how they have expended those funds amongst their departments. He has asked the auditing firm, Carr Riggs and Ingram, for their assistance in responding to the request before Monday's deadline. Stonecrop Proiect The current plan was to be finished by the end of July but when the contractor was beginning to grade the sides of the ditches for the sod, it was noticed that some of the mats have started to fail indicating erosion from the underside causing the mats to lift up and ripple. He said he has requested a plan of action from the contractor on how to correct the issue. Laconia Street Proiect He reported that the Laconia project did require a little bit of a redesign because water was running off to the sides which could undermine the backside of the wing walls. Staff is looking into installing a portion of curb to force the water down into the ditches. Board Member Polo Shirts The City Manager said historically, the City has provided board members with a green polo shirt with the City's logo and at times, it has caused some issues with members of the public and businesses who think the board member is an employee of the City. In moving forward, he asked Council if they would like to add the word volunteer underneath the logo or add the board name and the word volunteer. He added there has been some discussions by board members about the fit of the shirt itself since it is a standard male polo shirt. He asked for Council feedback going forward. It was the consensus of Council to add the word volunteer to a green dry -fit shirt and provide a ladies cut for the ladies. The City Manager will look into the length of the various board names to see if it will fit on the shirt. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS Council Member Dodd - None Vice Mayor Jones - None Mayor McPartlan said staff did a fantastic job with the two-day budget workshop. He said he knows the budget is as tight as possible and staff will find more savings. He thanked everyone for their work on that. Regular City Council Meeting July 23, 2025 Page S Council Member Nunn invited the public to watch the two-day budget workshop to understand more about the business of the City because it goes through every single department and what they need to operate the City. 17. Being no further business, Mayor McPartlan adjourned the Regular City Cou ncil meeting at 7:33 p.m. Approved at the August 27, 2025 Regular City Council meeting MayorBob McPartlan ATTEST.• le ette Williams, City Clerk RESOLUTION NO.2025- A RESOLUTION OF THE CITY OF SEBASTIAN FLORIDA, AUTHORIZING PARTICIPATION IN A LAWSUIT SEEKING, AMONG OTHER THINGS, TO DECLARE THAT SENATE BILL 180'S IMPOSITION OF A BLANKET STATEWIDE PROHIBITION ON THE EXERCISE OF HOME RULE AUTHORITY OVER LAND USE AND ZONING REGULATIONS, IS UNCONSTITUTIONAL AND SHOULD BE ENJOINED, AND RETAINING WEISS SEROTA HELFMAN COLE + BIERMAN, PL TO PROSECUTE THE LAWSUIT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII, Section 2(b) of the Florida Constitution provides that municipalities "shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services," and authorizes municipalities to exercise any power for municipal purposes except as otherwise provided by law; and WHEREAS, pursuant to Section 2(b) of Article VIII of the Florida Constitution and Chapters 163 and 166, Florida Statutes, municipalities have broad authority to adopt comprehensive plans, enact land development regulations, issue development permits, and impose temporary moratoria in furtherance of local public health, safety, and welfare, including for purposes of orderly growth, environmental protection, disaster recovery, and community resiliency; and WHEREAS, on June 26, 2025, Senate Bill 180 ("SB 180"), titled "Emergencies," was signed into law by Governor Ron DeSantis and became effective immediately as Chapter 2025-190, Florida Statutes; and WHEREAS, among other things, Section 28 of SB 180 prohibits all local government - initiated ordinances that impose "more restrictive or burdensome" comprehensive plan amendments, land development regulations, or procedures concerning review, approval, or issuance of site plans, development permits, or development orders (collectively, "Land Use and Zoning Regulations") for the period commencing retroactively from August 1, 2024, through October 1, 2027, even if such amendments, regulations or procedures are in no way related to any hurricane or other emergency and even if such amendments, regulations, or procedures were duly enacted prior to the enactment of SB 180; and WHEREAS, Section 28 of SB 180 also bans local moratoria on construction, reconstruction, or redevelopment of property damaged by a hurricane during the same timeframe; and WHEREAS, Section 18 of SB 180 further prohibits local governments that are located in counties that are entirely or partially within 100 miles of the track of any future hurricane from enacting "more restrictive or burdensome" Land Use and Zoning Regulations, and moratoria on construction, reconstruction, or redevelopment of any property, damaged or not, for a period of one year after the storm makes landfall; and WHEREAS, SB 180 is unconstitutional and invalid because, among other things, it: (a) embraces more than one subject and matter properly connected therewith in violation of Article III, Section 6 of the Florida Constitution; (b) includes a defective title in violation of Article III, Section 6 of the Florida Constitution; (c) requires municipalities and counties to spend in the aggregate an amount that exceeds an insignificant fiscal impact without including a finding that the law fulfills an important state interest as required by Article VII, Section 18 of the Florida Constitution; (d) constitutes a sweeping intrusion on home -rule authority, threatening local ability to enact land use, zoning, flood -resiliency, and environmental protections, contrary to Article VIII, Page 2 of 6 Section 2(b) of the Florida Constitution to a degree that renders the constitutional provision hollow; and (e) contains provisions that classify political subdivisions on a basis that is not reasonably related to the subject of the law in violation of Art. III, Section 11(b) of the Florida Constitution; and WHEREAS, for example, despite SB 180 being titled "Emergencies," SB 180 contains various matters that are not connected and/or are unrelated to emergencies, including Section 18 and 28's total ban on any "more restrictive or burdensome" Land Use and Zoning Regulations, and Section 18's prohibition on moratoria on construction, reconstruction, and redevelopment of property, even if the property is intact and was not damaged by a hurricane or other emergency event; and WHEREAS, the provisions of SB 180 also impose expenditure obligations upon municipalities and counties that, as conceded in the Florida Legislature's own staff analysis, exceed the threshold amount for an unfunded mandate, despite the lack of any finding in SB 180 that the law fulfills an important state interest; and WHEREAS, Section 18 of SB 180 infringes upon municipal home rule authority by prohibiting municipalities from enacting Zoning and Land Use Regulations if they are located within a county that is entirely or partially within 100 miles of the track of a hurricane for one year in a completely indiscriminate manner that disregards the size, intensity, or impact of a hurricane on the municipality, whether a proposed Zoning and Land Use Regulation has even a de minimis impact on hurricane recovery efforts, or even if the Zoning and Land Use Regulations are necessary to protect the public health, safety, and welfare from the effects of a hurricane; and WHEREAS, Section 18 of SB 180 further usurps the municipal home rule authority Page 3 of 6 guaranteed by the citizens of Florida in the Florida Constitution by imposing blanket prohibitions on any moratoria on construction, reconstruction, or redevelopment of property for one year whenever a future hurricane falls within 100 miles of the county where the municipality is located, regardless of the necessity or impetus behind such moratoria; and WHEREAS, Section 28 of SB 180 similarly prohibits municipalities from enacting Zoning and Land Use Regulations for the entire state of Florida retroactively from August 1, 2024, through October 1, 2027, without any rational justification; and WHEREAS, SB 180's vague prohibitions on moratoria on construction, reconstruction, and redevelopment of properties and Land Use and Zoning Regulations that are "more restrictive or burdensome," and other ambiguous provisions render SB 180 incomprehensible, create uncertainty, chill local governance, and encourage preemptive, potentially frivolous, litigation to force local governments into repealing legislation, even if it might otherwise be a valid exercise of home rule authority; and WHEREAS, the City Council of the City of Sebastian (the "Sebastian City Council") desires to authorize the participation of the Sebastian City Council in a lawsuit seeking declaratory, injunctive, and other appropriate relief from the provisions of SB 180, which impose a blanket statewide prohibition on the exercise of home rule authority relating to Land Use and Zoning Regulations, based upon the any appropriate legal theories, including, without limitation, those set forth herein, subject to the participation of at least ten local governments (the "Lawsuit"); and WHEREAS, it is in the best interest of the Sebastian City Council to participate in the Lawsuit and to urge other local governments to join as plaintiffs; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: Page 4 of 6 Section 1. Recitals. The above -stated recitals are hereby adopted and confirmed. Section 2. Authorization to Participate in Lawsuit. The City of Sebastian hereby authorizes the participation of the Sebastian City Council in the Lawsuit, subject to participation of at least ten local governments. Section 3. Legal Representation and Fee Structure. Weiss Serota Helfman Cole + Bierman, PL (the "Firm") is retained to represent the Sebastian City Council in the Lawsuit, at both the trial and appellate levels. The Firm will charge a flat fee, inclusive of attorneys' fees and costs, of $10,000 to represent the Sebastian City Council in the Lawsuit in the trial court, which shall be payable within ten days of the effective date of this Resolution. The Sebastian City Council shall also pay $5,000 to the Firm to represent it in any appeal related to the Lawsuit that is filed at the District Court of Appeal within 30 days of the filing of such appeal, and $5,000 to the Firm to represent it in any appeal that is filed at the Florida Supreme Court within 30 days of the filing of such appeal. The Sebastian City Council acknowledges that the Firm will be representing other local governments in the Lawsuit and waives any conflicts related to such representation. The Sebastian City Council also acknowledges that the Firm may represent other entities, private or public, at the Sebastian City Council and that the representation of Sebastian City Council in this Lawsuit alone, because it is part of a coalition, will not constitute a conflict of interest and, to the extent it does, waives such conflict of interest. Section 4. Urge Participation. The Sebastian City Council invites and urges other local governments to join as plaintiffs in the Lawsuit and to coordinate their efforts with the City of Sebastian. Section 5. Transmittal. The Clerk is directed to distribute this Resolution to all local governments in Indian River County. The Clerk is further directed to distribute this Resolution to Page 5 of 6 the Firm. Section 6. Implementation. The appropriate City officials are authorized to execute all necessary documents and to take any necessary action to effectuate the intent of this Resolution. Section 7. Effective Date. That this Resolution shall take effect immediately upon the adoption hereof. PASSED AND ADOPTED this day of July, 2025. ATTEST: Sebastian City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Sebastian City Attorney Mayor Page 6 of 6