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HomeMy WebLinkAbout01-28-2026 CC MinutesC11Vol ' SEB�AN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JANUARY 28, 2026 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Jones called the Regular Meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. The Pledge of Allegiance was led by Council Member Dodd. 4. ROLL CALL Mayor Fred Jones Vice Mayor Bob McPartlan Council Member Ed Dodd Council Member Chris Nunn Council Member Sherrie Matthews Staff Present City Manager Brian Benton Interim City Attorney James Stokes Acting City Clerk Cathy Testa Airport Director Jeff Sabo Chief Financial Officer Brian Stewart Community Development Director Alix Bernard Community Development Manager Dorri Bosworth Parks and Recreation Director Richard Blankenship Public Works Director Lee Plourde Human Resources Director Cindy Watson Procurement Manager Jessica Graham Police Chief Daniel Acosta Deputy Chief Tim Wood 5. AGENDA MODIFICATIONS At staff request, Consent Agenda Item 8A was pulled from the agenda due to drafting issues. 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS BriefAnnouncements: 7. 10. Cancelled due to Cold Weather -January 28th Treasure Coast Astronomical Society Star Gaze at Riverview Park Twin Piers - 6-8pm February 3rd Four Chaplin`s Ceremony at Veterans Memorial Park - 11 am February 7th Sebastian River Art Club Event at Riverview Park -10am - 3pm Council Member Nunn announced the upcoming events. PUBLIC INPUT The Mayor opened public input for items not on the agenda. Damian Gilliams addressed the council and expressed appreciation to council members for their votes at the previous meeting regarding the Parks and Recreation recommendation (Option C), stating that the decision had a positive impact on long- standing families and local businesses in the community, particularly along Indian River Drive. He emphasized private property rights and the potential use of eminent domain, while encouraging the council to carefully consider future decisions affecting the community and the Community Redevelopment Area (CRA). Mr. Gilliam concluded his remarks by urging the Council to carefully consider future decisions. There being no further speakers, public input was closed. CONSENT AGENDA B. Consideration of a purchase order for Alan Jav Automotive Manaaement Inc., in the amount of $29,997.00 to Durchase a 2026 Nissan Frontier Kina Cab for the Buildina Department and Drovide authorization to the Citv Manaaer or desianee to execute. C. Consideration of a purchase order for $32,145.42 for Computers at Work!, Inc., to purchase comDuters and Deripherals for the MIS Department and provide authorization to the Citv Manaaer or desianee to execute MOTION by Council Member Nunn and SECOND by Vice Mayor McPartlan to approve Consent Agenda Items B and C. Roll call: Council Member Nunn - aye Council Member Matthews - aye Council Member Dodd - aye Mayor Jones -aye Vice Mayor McPartlan -aye Motion carried. 5-0 COMMITTEE REPORTS & APPOINTMENTS -None PUBLIC HEARINGS A. Consideration of an ADDeal Rea_uest Reaardina Denial by the Plannina_ And Zoninq_ Commission of the Ameron RV & Boat Storaae Facilitv Site Plan The Interim City Attorney provided an overview of the appellate nature of the hearing, emphasizing that the council's review was strictly limited to the record developed before the Planning and Zoning Commission and that no new testimony or evidence could be introduced. The Interim City Attorney explained that the council's role was to determine whether the Commission's decision was supported by competent, substantial evidence and whether the correct legal standards were applied. He further noted that the city council could affirm, reverse, or modify the Commission's decision, and that a concurring vote of no fewer than four council members would be required to reverse or modify the denial. Council Member Dodd asked whether the Planning and Zoning Commission had denied the site plan, conditional use permit, and waiver request as separate actions or as a single decision. The Interim City Attorney clarified that although the items were discussed individually, the Commission ultimately denied the application in its entirety, and all three components were properly before the city council on appeal. Mayor Jones opened the public hearing at 6:06 p.m. Each council member disclosed ex parte communications, if any, for the record, and all confirmed their ability to render an impartial decision based solely on the evidence contained in the record. Any emails received were made part of the record. Attorney Jonathan Rhodeback, representing the applicants William and Todd Brognano, presented an argument in support of the appeal. Attorney Rhodeback asserted that the application satisfied all applicable requirements of the Land Development Code for a conditional use in the subject zoning district. He argued that the Planning and Zoning Commission misapplied the conditional use criteria, particularly with respect to compatibility and protection of public health, safety, and welfare. He noted that professional staff had reviewed the application and found it to be compliant, subject to conditions, and that the record included expert testimony and documentation addressing traffic circulation, access, buffering, and operational limitations. Attorney Rhodeback contended that generalized public opposition and speculative concerns, without supporting evidence, did not constitute competent, substantial evidence sufficient to deny the application. He requested that the city council reverse the Commission's decision and approve the conditional use permit, site plan, and waiver request. Attorney Thomas J. Izzo, representing the Ashbury community, presented an argument in opposition to the appeal. Attorney Izzo maintained that the Planning and Zoning Commission acted within its discretion and that its denial was supported by competent, substantial evidence contained in the record. He cited resident testimony regarding traffic congestion, safety concerns, noise, and the potential incompatibility of a large outdoor storage facility adjacent to existing residential development. Attorney Izzo argued that the Commission was entitled to weigh the evidence presented and determine that the proposed use did not adequately protect the public health, safety, and welfare, as required by the Land Development Code. He urged the city council to uphold the Commission's denial and defer to its fact-finding role. Council members engaged in discussion and asked questions of counsel and staff regarding the distinction between permitted and conditional uses within the applicable zoning district, the scope of the city council's authority on appeal, traffic access and circulation, buffering and screening requirements, and the enforceability of proposed conditions. The Community Development Manager, along with the Interim City Attorney, advised the Council that no recommendation was being provided on the appeal itself, consistent with the appellate nature of the proceeding and the council's limited scope of review. MOTION by Council Member Nunn and SECOND by Vice Mayor McPartlan to reverse the Planning and Zoning Commission's denial of the conditional use permit. Roll call: Council Member Matthews - aye Council Member Dodd - aye Mayor Jones -aye Vice Mayor McPartlan -aye Council Member Nunn -aye Motion carried. 5-0 MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve the waiver request related to front yard fencing materials, finding that the waiver met the applicable approval standards. Roll call: Council Member Dodd - aye Mayor Jones -aye Vice Mayor McPartlan -aye Council Member Nunn -aye Council Member Matthews -aye Motion carried. 5-0 MOTION by Vice Mayor McPartlan and SECOND by Mayor Jones to approve the site plan subject to staffs recommended conditions, with an additional condition prohibiting overnight stays in RVs or boats on the property. Roll call: Mayor Jones -aye Vice Mayor McPartlan -aye Council Member Nunn -aye Council Member Matthews -aye Council Member Dodd -aye Motion carried. 5-0 At 6:57 p.m. Mayor Jones announced a ten-minute recess following the conclusion of Item 10a. Mayor Jones resumed the council meeting at 7:06 p.m. 11. UNFINISHED BUSINESS A. Discussion and Consideration on filling the Citv Attornev Position The Human Resources Director provided an overview, retelling the council that interviews for the position were conducted on January 7 and that the decision had been tabled to allow further consideration of the Interim City Attorney. She explained that the Interim City Attorney had submitted a proposed contract to serve as an independent contractor, under which the city would not provide benefits or a severance package, and she presented a cost comparison between his contract and hiring a full-time City Attorney. Council members discussed the Interim City Attorney's extensive experience and qualifications. Council Member Nunn highlighted the Interim City Attorney's previous service as City Attorney, noting his proven track record, his ability to serve effectively during multiple terms, and the value of continuity for the city. Vice Mayor McPartland emphasized the Interim City Attorney's leadership experience, including his tenure heading the Port St. Lucie legal department, and praised his proactive approach to legal matters and efforts to identify cost -saving opportunities. Mayor Jones and Council Member Matthews acknowledged the financial advantages of retaining the Interim City Attorney as an independent contractor, noting that it would save the City approximately $50,000 annually in benefits and salary compared to hiring a full-time attorney. During the public comment portion, Damian Gilliams spoke in strong support of Mr. Stokes, highlighting his deep knowledge of municipal law and specific expertise in land development, which he noted was especially important given the rapid growth of the community. Mr. Gilliams emphasized that Mr. Stokes' breadth of experience and practical understanding of city operations made him a highly capable and reliable choice. MOTION by Vice Mayor McPartlan and SECOND by Council Member Nunn to approve the proposed contract with the Interim City Attorney for appointment as City Attorney. Roll call: Vice Mayor McPartlan - aye Council Member Nunn - aye Council Member Matthews - aye Council Member Dodd - aye Mayor Jones -aye Motion carried. 5-0 12. NEW BUSINESS A. Consideration of Resolution No. R-26-02 ADDrovina the Amendments to the Police Collective Baraainina Aareement from The Citv of Sebastian. Florida and IUPA to The Citv of Sebastian, Florida and Palm Beach County Police Benevolent Association. Inc. The Human Resources Director explained that the city's police officers had voted 37-2 to change their union representation from the International Union of Police Associations (IUPA) to the Palm Beach County Police Benevolent Association, Inc. Resolution R-26-02 amends the police collective bargaining agreement to reflect this change for full-time police officers. Council Member Nunn commented that the decision reflects the officers' choice and fully supported the change. There were no additional questions or comments from the Council. MOTION by Mayor Jones and SECOND by Council Member Nunn to approve Resolution R-26-02 ratifying the amended collective bargaining agreement. Roll call: Council Member Nunn - aye Council Member Matthews - aye Council Member Dodd - aye Mayor Jones - aye Vice Mayor McPartlan - aye Motion carried. 5-0 B. Consideration of selecting Frazier Contractina LLC for ITB 26-03, Police Department Tile Roof Replacement. and authorize the City Manaaer or designee to issue Purchase Orders up to 5208.078.16. and execute the appropriate documentation. The Procurement Manager explained that the City issued a solicitation in October and received 14 bids, four of which were deemed non -responsive. Frazier Contracting LLC was identified as the most responsive and responsible bidder. The Procurement Manager noted that a notice of intent to protest had been filed concerning Frazier Contracting's subcontractor having an additional crew that was not registered at the site. The Department of Business and Professional Regulation investigated the matter and fined the contractor, but the complaint was closed before the bid opening. After review by the Parks and Recreation Department and Facilities staff, Frazier Contracting was determined to be the most qualified bidder with strong references. The proposed contract included the base bid plus a not -to -exceed amount of $80,000 to cover potential repairs to wood and fascia that may be discovered once the roof is removed. The total amount requested for approval, including the bid and contingency for repairs, was $208,078.16. Mayor Jones and council members discussed the unit pricing for potential repairs and confirmed that additional funds would only be used as needed. Council members also discussed the approach used by the engineer to develop the specifications, confirming that the unit prices were based on standard construction practices and past project experience. The council agreed that the contingency provided sufficient financial flexibility while ensuring fiscal responsibility, and that no additional funds would be expended beyond what was needed to address verified damage. Council Member Dodd noted that even with a 10% contingency, the total cost remained substantially below the budget. Council Member Nunn addressed potential concerns regarding the selection of a contractor from Maitland, explaining that no local roofing companies submitted bids and encouraging local businesses to participate in future solicitations. MOTION by Council Member Dodd and SECOND by Vice Mayor McPartlan to approve the award of contract selecting Frazier Contracting LLC. Roll call: Council Member Matthews - aye Council Member Dodd - aye Mayor Jones -aye Vice Mayor McPartlan -aye Council Member Nunn -aye Motion carried. 5-0 C. Consideration of Chanae Order #2 in the amount of 557.118.00 for Dickerson Infrastructure Purchase Order number 11463, for Taxiway G Construction. The Procurement Manager explained that the change order arose due to unforeseen conditions encountered during the second phase of construction. While the project was significantly under budget and additional scope had previously been added, the contractor discovered unexpected soft material near the intersection of the new Taxiway G and existing Taxiway B. The condition required the work to stop temporarily, involvement of the engineer of record, and consultation with the Airport Director and other staff to determine an appropriate corrective approach. The Airport Director described the technical details of the issue, noting that prior subsurface testing during design and engineering did not sample this specific location. The contractor removed the unsuitable material and replaced it with successive lifts of crushed concrete to achieve the required compaction and stabilization. Asphalt was then placed over the repaired area, ensuring the structural integrity of the taxiway. Council Member Dodd asked whether all potential issues had been identified, inquired about possible uses for unspent grant funds, and raised questions regarding the impact on discretionary city funds. The Airport Director confirmed that all base -related concerns, including the areas affected by muck, had been resolved and that the project was expected to proceed without further surprises. He explained that while additional improvements, such as a new apron to serve the taxiway, would need to wait for future funding, the current project remained on schedule and within budget. The Airport Director also clarified that the city's contributions were unaffected and thatthe project's cost savings were being carefully managed. MOTION by Council Member Dodd and SECOND by Vice Mayor McPartlan to approve Change Order #2 for Dickerson Infrastructure Purchase Order number 11463, for Taxiway G Construction. Roll call: Council Member Dodd - aye Mayor Jones -aye Vice Mayor McPartlan -aye Council Member Nunn -aye Council Member Matthews -aye Motion carried. 5-0 D. Consideration of Amendment 2 to CSA #14 with Infrastructure Consultina and 1 Enaineerina. Inc. for Construction and Inspection Services for Taxiwav "G" Construction in the amount of 59.854.05 and authorize the Citv Manaaer or designee to execute The Procurement Manager explained that this change order was necessary due to the unforeseen conditions encountered during the Taxiway G project, which required additional inspection and engineering hours. The Airport Director added that the engineer of record had been very hands-on, performing extra calculations, ensuring that the contractor met all FAA and FDOT specifications, and providing on -site quality control and inspections. The additional funds would compensate the engineer for this extra work. MOTION by Vice Mayor McPartlan and SECOND by Council Member Dodd to approve Amendment 2 to CSA #14 with Infrastructure Consulting and Engineering, Inc. Roll call: Mayor Jones -aye Vice Mayor McPartlan -aye Council Member Nunn -aye Council Member Matthews -aye Council Member Dodd -aye Motion carried. 5-0 E. Consideration of a Purchase Order for Asphalt Pavina Systems. not to exceed S1,704,331.38. for the Phase 4 Road Pavina Proiect, specifically for Reconstruction and Mill and overlav pavement method, and authorize the Citv Manaaer or desianee to execute. The Public Works Director provided an overview of the project, noting the roads included in this phase, including Periwinkle, Joy Haven, Schumann Drive, Veterans Memorial Way, and a short section of Bevan Drive. He confirmed that funding remained within the total budget, accounting for previously encumbered amounts for other projects and contractors. Mayor Jones and the City Manager clarified adjustments to prior encumbrances and confirmed the available balance for the project was $1,744,963.25. Council members discussed the scope and cost of the project, highlighting the inclusion of culvert, swale, and driveway repairs, and emphasized the City's ongoing commitment to improving streets efficiently. Council Member Nunn noted the high costs associated with these improvements, stressing the value of comprehensive road work even though it covers a limited number of streets. MOTION by Council Member Dodd and SECOND by Vice Mayor McPartlan to approve the Purchase Order for Asphalt Paving Systems. Roll call: Vice Mayor McPartlan - aye Council Member Nunn - aye Council Member Matthews - aye Council Member Dodd - aye Mayor Jones -aye Motion carried. 5-0 F. Consideration of the Budget Calendar for Preparation of the Annual Buda_ et and Capital Improvement Proaram for Fiscal Year 2026-2027. The Chief Financial Officer highlighted that the county had set its hearings for September 9 and September 16, while the school board had not yet finalized its dates, though September 3 was expected. The City Manager noted that budget workshops were scheduled for July 15 and 16 to review departmental requests and encouraged Council members to ensure the dates aligned with their schedules or suggest adjustments as needed. Mayor Jones confirmed the dates and indicated consensus approval of the calendar, noting no formal motion was required. 13. CITY ATTORNEY MATTERS City Attorney Stokes provided an update regarding the property at 100 Veterans Memorial, which had been the subject of an RFP for a downtown brewery. He noted that the property had been listed for sale and requested council's consensus to move forward with litigation if necessary to protect the city's contract. Stokes explained that filing a lis pendens would prevent the title from transferring, thereby safeguarding the city's interests. 14. CITY MANAGER MATTERS The City Manager addressed the proposed property tax workshops. He explained that two dates had been proposed, February 24 with morning and evening sessions and Februarys 25_-with an afternoon session, to educate the public on potential impacts of .•pr6perty- tax_ reductions and revenue implications for the city. The City Manager -gophasized that -department heads would be present to answer questions and noted -that-past-workshops had higher attendance during daytime sessions. Council Member Munn indicated he would be out of town and unable to attend, and Mayor Jones -_ highlighted the importance of educating residents on legislative actions affecting property. taxes. Council Member Dodd commented that the workshops would help anticipate potential outcomes from the state legislature, and the City Manager added that city managers in the county were coordinating to ensure consistent messaging across municipalities. The City Manager also proposed a future workshop regarding Community Development Districts (CDDs) to provide council and the public with information on CDD structures, operations, and legal considerations. Council Member Dodd expressed interest and requested that a draft ordinance be provided beforehand to guide discussion. The City Manager confirmed that preparations would be made to include an attorney experienced with CDDs and a CDD overseer to answer questions, with a tentative timeframe in February. 15. CITY CLERK MATTERS The Acting City Clerk noted that the Charter Review Committee had begun its meetings, with the second meeting held the previous night and the next scheduled for the following Monday, February 2. 16. CITY COUNCIL MATTERS Council Member Dodd, Council Member Nunn, and Vice Mayor McPartlan wished Mayor Jones a happy birthday. Council Member Matthews recognized several notable achievements by local youth. She highlighted Sebastian River High School student Aleah Hilliard, who was selected for the 2026 FMEA All -State SSAA Chorus, noting that out of approximately 12,000 students who auditioned statewide, Hilliard was one of only a select few chosen, noting her exceptional talent and dedication. Council Member Matthews also celebrated the 17 Lady Sharks basketball team for finishing their season strong and hosting their first district game on February 4, as well as the girls' weightlifting team, who earned runner- up honors in both the Olympic and CO championships and were advancing to regional competitions the following day. In addition, she recognized the academic achievements of Sebastian River High School students, congratulating Sarah Van Zuydam as the valedictorian and Julius Lewis as the salutatorian, praising their hard work, leadership, and contributions to the school community. Council Member Matthews emphasized that these accomplishments reflect the dedication, talent, and promise of the youth in the Sebastian community. Being no further business, Mayor Jones adjourned the Regular City Council meeting at 7:49 p.m. Approved at the February 25, 2026 Regular City Council meeting. Mayor Fred Jones ATrEST,:n Catherine E. Tes Sa,A' g City Clerk