City Council - Regular Meeting

We will first stand for a moment of silence, All right, thank you so much for that. Madam Clerk, roll call.

Mayor Jones?

Here.

Vice Mayor McPartland is not with us tonight.

He's online. Oh, is he? On Zoom. I have him live right now.

Vice Mayor McPartland?

Here.

Council Member Nunn?

Here.

Council Member Matthews?

Present.

Council Member Dodd?

Here.

All right. Um, thank you so much for that. Um, we have, um, I think, um, one modification, uh, uh, Mr. Benton, unless anyone else have any agenda modifications, Mr. Benton.

Uh, yes, sir. Mr. Mayor. Um, we would like to table item 10 F to September 23rd for a date, certain of September 23rd.

All right. I don't have a problem with that. Anyone else? No. Hearing none. All right, any other modifications?

Mr. Mayor? Yes. Just because we're doing it for date certain, if you could include in the motion that it'll be tabled until September 23rd at 6 p.m. So for 10F when we get to that.

Okay.

So do you need a motion?

No, no, we're going to pull it when we get there and just have the motion, or you want to do it now?

You can do it now. Okay, absolutely. I'm talking about 10...

10F. 10F. All right. Now, do you want to continue that to a date certain or continue it to an unknown date? No, date certain, September 23rd at 6 p.m. Okay. I move that we continue item 10F to September 23rd. Second.

All right. We have a motion and a second. Any other discussion? Madam Clerk.

Vice Mayor McPartland.

Yes.

Council Member Nunn. Yes. Councilmember Matthews. Yes councilmember Dodd Yes, mayor Jones. Yes motion carries

All right. Thank you so much for that. We're going to move on to the portion of our meeting. Item six is proclamations and awards. We have three proclamations tonight. The first one being hunger action month. And we have Kevin Klein and his team here tonight. If you all would stand to the podium, I will read this proclamation. And I know you all have some stuff for us as well. If you would like, we can come down and take a photograph if you all want that. So council, you have any issues with that? No, none. All right, so this is a proclamation declaring Hunger Action Month in Sebastian, Florida, September 2026. Whereas hunger and poverty remain issues of grave concern in the United States, the state of Florida, and the city of Sebastian. Roughly one in four people on the Treasure Coast are now categorized as food insecure. Whereas the City of Sebastian is committed to working with the Treasure Coast Food Bank and mobilizing people about the role and importance of food banks and the other hunger relief organizations in addressing hunger and bringing attention to the need to devote more resources and attention to hunger issues. Whereas food banks and hunger relief organizations across the country, including Treasure Coast Food Bank, have coordinated Hunger Action Day on September 29, 2026 to shed light on this important issue and encourage involvement in efforts to end hunger in our local community. Now, therefore, I, Fred Jones, by virtue of the authority vested in me as the mayor of the city of Sebastian, do hereby proclaim September as Hunger Action Month and call this observance to the attention of our residents. In witness whereof, I have hereunto set my hand and cause the seal of dispassion to be affixed this ninth day of September, 2026. All right. Let's go down to 50%. You have something to say before? We're on the way down.

There's another mic you can just grab. Thank you, Mayor. On behalf of the Treasure Coast Food Bank, I'd just like to say thank you for supporting Hunger Action Month. We serve over 250,000 people per week, and the need is always growing. So we'd like to thank the city of Sebastian, the council, and the citizens for their support. Thank you. Thank you guys so much. Thanks so much.

Good evening. If I could have the Sebastian Charter Junior High FBLA National Leadership team up here. Tonight we're honoring the students of Sebastian Charter Junior High for their excellence at the FBLA National Leadership Conference. Whereas the Future Business Leaders of America, FBLA, the National Leadership Conference, held from June 29th to July 2nd, 2026 in San Antonio, Texas, attracted more than 16,000 middle and high school students, educators, and volunteers from across the United States in one of the nation's largest and most prestigious student leadership events. Whereas the conference provided students with a unique platform to engage in competitive events, attend educational workshops, and connect with representatives from over 260 colleges, universities, and employers, fostering academic and professional growth. Whereas nearly 13,400 students from over 2,100 middle and high schools in 47 states nationwide competed in more than 100 business-related events for a share of $65,000 in scholarship and prize money. Whereas the Sebastian Junior High school chapter was nationally recognized as a champion charter due to this year's accomplishments where the newly elected president, Dana Hand, accepted the award. Whereas Carolyn Goodall, Jayden Weissenbarger, and Avery May Pierre proudly represented community service projects. And Jayden Weissenbarger completed in exploring customer service. And Peyton Didler and Holden Loomis shined with their presentation of the video game they developed and advanced to the final round in exploring coding and programming. Whereas Thomas Hann, Alexander Kolanovic and Ethan Schopf earned fifth place in the nation with their annual activities report that represents the wonderful activities of the Sebastian Charter Junior High chapter accomplished this year. Whereas Thomas Hand earned first place in the title of national champion in spreadsheet applications. Now, therefore, on behalf of the Sebastian City Council and the authority vested in me as a council member of the city of Sebastian, we are proud to recognize and commend the students, advisors, supports of Sebastian Charter Junior High School and their outstanding achievements at the 2026 FBLA National Leadership Conference. Let it be known that their talent, dedication, exemplary representation of our community bring great pride and honor to our schools and the future. In the witness thereof, we signed our hands on the seal of the city of Sebastian to be affixed this ninth day of September, 2026. Give them another hand. Would one of y'all like to say something? Who wants to represent? I'm on all these leaders. One of y'all want to take the mic, right? No, I know I'm putting you on the spot. It's okay. Great job. I mean, listen, we all know that it's a hard, hard work to do. You went, you traveled to another state. You represented your school. Y'all worked really hard. It's very impressive and very honorable. Parents, thank you for supporting them and helping it make it happen.

Let's come on over here. Let's get a picture. Y'all want to come down too? Let's take a picture.

Again, we walk down.

Oh, you got one more, then, if that's OK. Bob's going to have to do it. He's skipping out of town. He knew you were going to be up.

I know, right?

It was going to be that way.

Hey, I was at the L.A. for a lot of years.

All right, we'll call.

not being here tonight. We're gonna keep this when he comes home. We'll get it signed and get it to you. Thank you very, very much.

All right, we're gonna give just a few moments here for those students and their families to leave before we continue if they wish to do so.

They are with Gilmore.

Thank you.

I wish we lost our audience. It's like a wedding where nobody likes the room.

All right. Now that the last crew is getting ready to exit the building, we're going to go ahead and continue on with the program with our proclamation for Constitution Week. And we have here tonight to accept that is Ms. Rebecca Hurley. Could you please come forward? And I will read. And if the council wants to go down one last time, we can take a photograph with all of us at the end. Okay. Okay. So Constitution Week, September 17 through the 23rd, 2026. Whereas September 17, 2026 marks the 239th anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention, and whereas it is fitting and proper accord to officially recognize this magnificent document, its memorable anniversary, and the patriotic celebrations which will commemorate the occasion, and whereas Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating the week in which September 17th falls as Constitution Week. Now, therefore, I, Fred Jones, by the virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, do hereby proclaim September 17th through the 23rd, 2026, as Constitution Week in the City of Sebastian. and ask all of our citizens to reaffirm the ideas that the framers of the Constitution held in 1787 by vigilantly protecting the freedoms guaranteed to us. Through this guardian of our liberties, remembering that lost rights may never be regained, and witness whereof I have hereunto set my hand and cause the seal of the great city of Sebastian to be affixed this night of September 2026. And we have a mic.

Do you want to say anything? I just wanted to say thank you.

We're going down again. We're going down again. Come on down. Come on down. Come on down.

Let's exercise before the real business. This is the best part of it. Best part of it.

Where did Chris put it? Does it?

Give me a second.

Does it?

I just wanted to say thank you, and we'd really appreciate it. Really, the chapter of Daughters of the American Revolution, the Pelican Island chapter, we just appreciate everything y'all do with us. So thank you.

Thank you. All right, next in our agenda, we'll give Ms. Matthews an opportunity to read us the brief announcements.

Thank you. All right, Friday, September 11th is Patriot Day observance at Veterans Memorial in Riverview Park at 8.30 a.m. Saturday, September 12th, first responders 5K run. Starts at City Hall from 7.30 to 9 a.m. September 12th is also Family Fun Day right after the 5K run. is they touch a truck, and it's at City Hall from 10 to 2. Monday, September 14th, the first public hearing on the millage and budget in council chambers at 6 p.m. Saturday, September 19th, International Coastal Cleanup Day at Captain Robert Hardy on Main Street Boat Ramp at Riverview Park and the Twin Pairs at 9 a.m. And Wednesday, September 23rd, Annexation Strategic Planning Workshop in the council chambers at 5 p.m. before the council meeting.

All right. Thank you so much for that, Ms. Matthews. The next portion of our agenda, this is item seven, public input. And this is a portion of our meeting where residents are asked to come forward and speak on anything that they wish to that's not on the current agenda. So if we have anyone with their hand raised, you can come forward. Yes, sir.

good evening everybody my name is kevin mitchell born and raised here in sebastian um parents are both educators in sebastian schools recently moved back here to town but i'm here tonight to introduce you all to something called the plant-based treaty what the treaty is is the global grassroots initiative launched in 2021 that invites individuals businesses and cities to acknowledge how our food systems find the things we all care about like our water land our economy and our health so nearly 80 cities globally have already endorsed including boynton beach florida being the very first city globally to endorse the treaty so this council has already put sebastian ahead of the curve here in the area of course through the sustainable sebastian initiative you've committed to reducing the city's carbon footprint protecting the water quality of our lagoon and waterways and building a more livable nature-based community Food is one of the biggest levers we have for all three of these goals. And right now, it's the piece that's missing from the picture here. So I want Sebastian to join the movement in calling for food systems to make plant foods more accessible and work on removing barriers so it's easier for people here to choose plant-based options. This isn't about taking anything away from people or telling anybody what to eat. It's more about choices, lower costs, and room for local businesses to grow. So multiple businesses have already endorsed here in the county, as well as some other individuals. So we are gaining some grassroots momentum on the ground. So I want to be clear endorsing the treaty itself is non-binding for the city. It's an acknowledgement that these issues do matter to Sebastian in line with what we're already doing through the Sustainable Sebastian. But the proposal I can bring to you all, it does include a few small meaningful commitments that we can make. And the city can tie these goals directly into what we've already adopted. So it wouldn't necessarily cost the city anything. I know the budget can be tough. So plant-based options can save a family $650 a year or more on groceries. With the resolution earlier, that's important to keep people fed. And for local restaurants, oftentimes plant-based menu items carry a higher profit margin. On health, though, heart disease, diabetes, and cancer are the leading causes of death nationally, and consuming more plant foods can dramatically lower these risks. So getting the information out to people is paramount in the crisis that we're facing. So I can follow up with you all in some more detail. I can send everybody an email. I'd welcome a few minutes if any of you had some time to chat with me about what would make sense for resolution for Sebastian. I'll also be doing a presentation at the next Pelican Island Audubon Society meeting here in September. You all are welcome to come check out my presentation and learn a little bit more about what we're doing. And so I just would like to leave with saying we need to think globally. We're currently facing a global crisis, as we all know. Food insecurity and all the other crises we're facing globally, like the environment. But we have to think globally and act locally, and this is a small thing we can do as a city to further that. So I appreciate everyone and I have some handouts here if anybody would like to take a look I can give them to you now.

Thank you, sir Yeah, you can leave them over there we'll have them Is there anyone else on public input Yes, sir. Please come forward

Good evening, Council. Good evening to everybody here in the audience. My name is Damian Gilliams. I've been here in the community over 40 years. I am the owner of the No Name Sports Bar and Grill, also Kelly's Bar. I thought that was important that they had the proclamation for Hunger Action Month, because as a business owner here in the community for over 40 years, I'm starting to see things that I haven't seen in quite a while. more job applications, gas prices are going up, issues about affordability is becoming a problem. I'm seeing more vacancies in the CRA district where businesses, mom and pops, like to create jobs for individuals in this community. I would request that the city council during its CRA next meeting that they get together and try to come up with suggestions and ideas to direct the city manager and his staff on how can we change the rules and regulations so that small businesses can try to create more jobs. Again, I'd like to hire everybody that comes through the door, but you just can't. When tourism, the snowbirds are not going to be coming because of tariffs that are going on throughout the country and throughout the world, it's a problem. And as our community leaders, you need to take the time to sit with your staff and figure out how we're going to get through this. It's important. People are hurting. I thought that having the Constitution Proclamation was a good idea. It protects people's rights. You know, when you own a piece of property and you pay taxes, you know, you should have the right to an extent to utilize your property to the extent that it's commercial and that you're not gonna worry about And I'd like to call the city of Sebastian's code enforcement, because they're good people, but they are the HOA. They are the homeowners association when it comes to commercial. They are the COA. They are the commercial owners association to inflict and to follow the rules of the CRA that you guys put on the books. I think it's time that big corporate America can handle it. They have lawyers. They have engineers. Mom and pop businesses don't have that. And so, again, if you can do maybe a workshop or on your next agenda for CRA, Community Redevelopment Association, and it's not just the Riverfront District, but it's also the overlay going down 512. Just take the time to look and see how many vacancies there are in this town. I don't know if there's a lot of business owners that are willing to come down here and talk to the community and talk to the leaders of our community and say, hey, there's a problem. And I'm seeing it firsthand. And maybe there's other businesses that will see it too. I had five applications for jobs. So the red light is on. I want to thank you guys for your leadership. Thank you very much.

Thank you so much. Is there anyone else? Yes, ma'am.

My name is Vivian Bermudez. I'm a resident here in Sebastian. I don't know if it's on the agenda tonight or not, but I believe it was the last meeting there was some discussion about some property development at the end of Shakespeare Road, Shakespeare Street. I don't know what it is. And Tony, who lives on Shakespeare, suggested that when the new part of that building Shakespeare is developed to the south or to the west of where it currently ends, that it get a different name. Don't call it Shakespeare because emergency people or people just trying to use a GPS would have difficulty navigating. Does that sound familiar to anybody?

Yeah.

He referenced Periwinkle has a different name at the end, Bevan. Okay, I tried to raise my hand. I was on the phone and, you know, technology. Nobody could hear me, but I want to, for the record, mention that I believe that that was the best idea, to give the new part of the road a new name, and I want it entered on the record. Thank you.

All right. Thank you so much, ma'am. Is there anyone else in? Public input? Do we have anyone with their hand raised?

No one has raised their hand.

All right. Thank you so much. Public input is closed. We're going to move on to Item 8, Consent Agenda. Is there anything with the Consent Agenda, Council?

Mr. Mayor, I'd like to pull Item F. Item F?

I would like to pull Item E. So we've got Dodd on F and Nunn on E. Yes, sir.

I'll make a motion for the rest of the consent agenda items. A, B, C, D, G, uh, for approval. Second. All right.

So we have a motion by council member none and second by vice mayor McPartland. Any discussion? Madam clerk.

Mayor Jones.

Yes.

Council member none. Yes. Council member Matthews. Yes. Council member Dodd.

yes motion carries alright next item item eighty mister none yes mister mayor I wanted to pull this item cuz I would recommend denial on this application there's two reasons why one this requested event goes against our standard practice allowing political events on city property arm and and secondly on the application was incorrect to what the event is going to be. And I made sure you have copies of everything. The application said there would be no cost to attend the event. And then, of course, the posting for the event says it'll be $25 a person to go. So between the political side of it and that, I would recommend dismissal or pulling this application and denying it based on those items.

All right. Thank you so much for that. Mr. Stokes, did you take a look at that?

Yes. I mean, there is an issue with the fact that it said that there would be no cost, and it appears from the flyer that they are charging. As far as having a political... event on city property, and that was always my understanding. We did pull the resolution this afternoon, and it's only restricted for council chambers is all it says. All our other properties are governed by our ordinance in the Parks and Recreation Code, and that provides for rental property. There is also a state statute about political activity on public property. but it has a carve-out saying not if it's rented property, so like in our case where it's a community center. So it would be legal to rent to this person to have a political fundraiser, but the issue with the fact that it's stated that it's not charging and it is is probably the sole issue that I see.

Mr. Stokes, as a candidate, I would like for you to give me some information on that. As a candidate, I want to get some information from me myself that is to possibly pull away from this.

Yes, and as we discussed before, I mean, under the public meeting rules, a council member can recuse themselves if there's a financial interest. There's no financial interest here. The other time... council member could recuse themselves is if they can't look at something objectively. I think we talked. You can definitely look at this objectively. However, it does create probably a negative optics to the public that with you running and this person running that that could create a conflict. So I think it would be acceptable for you to recuse yourself should you want to.

Okay. I do want to recuse myself.

I do want to clarify that. I verified with the city, not the clerk, the front desk clerk, that when the question was asked about the charge, it was asked a couple times, there's no charge for anything at this event, and it was verified no and is no on here. And obviously with the paper that I've attached, had attached to this, there's obviously a $25 charge for this event. So that would be my reasoning for recommending denial.

Well, Mr. Mayor, the request in the agenda packet didn't include this third page. I have a hard time thinking about this. It says on this third page that I don't think the people in the audience and the public could be able to see, but it says fundraiser dinner, tech at $25. My feeling is that That's saying we're going to have a fundraiser dinner, and if you want to participate in it, it's $25 for the dinner. It's not saying they're charging $25 for you to walk in the door. It's not saying that. Right. And I'm not sure I really understood what the attorney said. I don't know whether – are we on – are we specifically on questionable legal grounds if we allow a candidate to rent the Yacht Club or the community center for an event? No. To the candidacy? No.

No, it is allowed.

It is allowed.

Yeah, the only building that we restrict political.

I'm sorry, I had a hard time hearing what you were saying.

I'm sorry. No, the only building that we restrict political activity like this kind of thing would be this building, the chambers. All right. Not any of our other buildings. So this would be allowed under our code.

I mean, I personally have an issue. I'm not going to be here. I'm not running for re-election. So after the November election, I'm going to be gone. So I don't have a dog in this fight, as they say in Arkansas where I used to live. So I have a hard time thinking that we're going to deny a candidate to use one of those facilities to hold a campaign event that smacks of us trying to kind of push the election one way or the other by doing that. So I personally would not support denying this. Neither would I.

So I move approval. Okay.

Second?

Well, technically, I've already made a motion to deny this.

You've already made a motion? I've made a recommendation to deny. Is that not considered? I didn't hear a second on that.

Oh, there was no second. You are correct.

Right. Okay. All right. But do you have to open this up to the public?

Yeah.

Okay.

So I move. If someone seconded the customer or nun's motion, that's fine. I will remove a motion. But I didn't hear a second on that. No. No?

No. Okay, so I move that we approve. And I got the second. Okay. All right. Now, is there anyone from the public who would like to speak on this?

Thank you for recognizing me, Mr. Mayor. Damian Gilliams. I am on the ballot. However, I'm not here speaking on behalf of any of the other candidates. The city attorney is correct. because there was a recall back in when we had the COVID and the developers put a lot of money into a pool to rent the city property, the park, to collect petitions. So let's not be hypocrites. Let's utilize the properties of the city so it's $25. That could be a donation. They might just be getting together for a rally. So Mr. Mayor, you're correct. Mr. Dodd. You're not always correct, but you were correct this time. So with that being said, let's not be hypocrites. Let them rent the property. You did it. You did it for multiple days, especially you, Mr. Nunn. So what's good for the goose is good for the gander. Thank you.

All right. Thank you so much, sir.

I will respond.

Yeah, you will in a moment. Is there anyone else from the public who would like to speak on this item? Anyone with their hand raised? All right. Public input is closed. Mr. Nunn.

I will say that the discussion with the attorney and a legal advice based on the recall event, that it was a community event and not a political event because there was nothing running for any specific candidate. And that event was to recall, I think Mr. Gillum's to be specific, but there was no political event going on. It was a community event. So it was not based as being hypocritical. So, That's my only response to that. I respect y'all's opinions, and we can move forward.

Absolutely. So we have that, and we have a motion and a second. Madam Clerk, roll call.

Mayor Jones? Yes. Vice Mayor McPartland?

Yes.

Council Member Nunn?

No.

Council Member Matthews? I'm going to continue to stay recused. Council Member Dodd?

Yes. All right. Mr. Mayor. Yes, sir. Before we move too much further, we did not ask Vice Mayor McPartland for his vote on the consent agenda, A, B, C, D, and G. Oh, we didn't get it? So can we just get that corrected and give the clerk an opportunity to ask him?

Vice Mayor McPartland on A, B, C, D, G. Yes. Thank you. And my apologies for missing you. That's fine.

We can't see him in here, see?

Oh, now I see him. I can see you now.

All right, we're going to move on to item F, Mr. Dodd.

Yes, I just pulled this because there's going to be street closings on Main Street and surface for the 5K that's going to be run, and the touch and tour starts at 10 o'clock, and that kind of gives city mayors an opportunity to address the closing times, opening times, and when people should try to, get themselves into here so they can get the touch and tour.

Yes, sir. Thank you, sir. Um, so the road closure will commence at 7 00 AM. The race starts at seven 30. So anyone that's participating in the five K, if you're planning to come and park in this general area along main street, you need to be here prior to 7 00 AM. Once the road shut down, it will be from Louisiana all the way to Bob circle. Um, on main street, you will not be able to get on main street to access this area. Um, we have also communicated to all of our vendors, and participants within the touch and tour event that they either need to arrive prior to 7 a.m. or after 9 a.m. Our plan at 9 a.m. is that if there are still participants in the 5K remaining, which typically there are after an hour and a half, there are some participants still remaining, we'll begin to move them to the sidewalk so they have a safe passage to complete the 5K, but we will begin to open the road back up. And like you said, the Touch and Tour event and Family Fun Day begins at 10 a.m. So people that are coming to that event, I would advise you to arrive after 9.30 for the event so that we can make sure that the road's open and everything's kind of back to normal. Because remember, parking will be tough here with the transition from the 5K to the beginning of the event. But the staff's got it under control, and they'll handle it well.

Thank you, sir. And with that, I move approval of item 8G, 8F, I'm sorry.

I second that.

So we have a motion and a second. Is there anyone from the public who would like to speak on this item? Seeing no one in the room, anyone with their hand raised?

No one has raised their hand.

Thank you. Public input is closed. Madam Clerk.

Council Member Dodd.

Oh, yes, I'm sorry. I'm having a hard time hearing down here this evening. Sorry. We'll get closer. Yeah, throw something at me.

Council Member Matthews? Yes. Council Member Nunn?

Yes.

Vice Mayor McPartland?

Yes.

Mayor Jones?

Yes.

Motion carries 5-0.

All right, Council. Item 9, do we have any regional reports? No, I know the other ones that were on the Florida League of Mayors are working on some other stuff with Amendment 3 and all of that, but.

I don't know how much interest there is, but at the MPO meeting this morning, it was announced that the FDOT has allocated almost another $2 million to the purchase of right-of-way for the 82nd Avenue project, which is kind of important to Sebastian if that be done. So they're moving forward with the right-of-way on that, and it's important for us that that move forward, and they've allocated more funds to that.

All right. Thank you so much. Next item, public hearings, item 10A. What do we have?

Mr. Mayor, if I may, ordinance number 0-26-20, an ordinance of the city of Sebastian, Florida, amending the code of ordinances, chapter 10, alcoholic beverages, section 10.1, sales of liquor near churches and schools prohibited, adding new language in reference to off-site consumption of beer and wine, providing for severability and repeal of laws in conflict herewith, providing for codification, providing for scrivener's errors, and providing for an effective date.

All right, thank you so much for that. Staff, Ms. Bernard.

Good evening. So this ordinance is for the second reading, as you can see on page 46 of your agenda. The language has been revised to remove the word convenience, which was your request after the first reading. And the applicant is here to answer any other questions that you may have, as well as staff would be happy to answer any questions and recommends approval.

All right. Thank you so much for that. Yeah, I see all the changes that we requested in the first, so that's nice. Is there anyone from the public who would like to speak on this item? Anyone on Zoom?

No one has raised their hand.

All right. Thank you so much. Public input is closed. Staff, do you have any final on this?

Nothing further to add.

All right. We're going to go ahead and close this hearing. And, Council, what's our pleasure?

I'll make a motion to approve.

So we have a motion by Council Member Nunn, second by Mr. Dodd. You got in late, Bob, sorry. Okay. Any other discussion? Madam Clerk.

Vice Mayor McPartland.

Yes.

Council Member Nunn.

Yes.

Council Member Matthews. Yes. Council Member Dodd.

Yes.

Mayor Jones.

Yes.

Motion carries.

All right. Thank you so much. Our next item on our agenda is item 10B. We're gonna go ahead and open this hearing. Mr. Mayor. Mr. Attorney.

If we could, 10B and 10C are on the same property. One is the comp plan amendment and the other one is the rezoning. I would suggest, as we've done in the past, to do one public hearing on both. If that's acceptable, I'll read both captions.

I'm trying to be efficient here.

Ordinance number 0-26-13, an ordinance of the city of Sebastian, Florida approving an amendment to the comprehensive plan future land use map to designate a land use classification of VLDR, very low density residential, three units per acre, to property containing 204.4048 acres, more or less, known as Sebastian Pines, located north of 73rd Street, south of 77th Street, west of 66th Avenue, and east of the 74th Avenue, with a current land use designation of AG1, agriculture, one unit per five acres, authorizing findings and administrative actions, providing for conflicts, severability, and scrivener's heirs, providing an effective date and providing an adoption schedule. And ordinance number 0-26-14, an ordinance of the city of Sebastian, Florida, providing a zoning designation for lands with prior county zoning designation of A1, agriculture, one unit per five acres, to PUDR, planned unit development residential, in accordance with a conceptual development plan for land consisting of 204.42 acres, more or less, known as Sebastian Pines, located north of 73rd Street, south of 77th Street, west of 66th Avenue, and east of 74th Avenue, providing for conflicts, scrivener's errors, and severability, and providing for an effective date.

All right. Thank you, sir. We're going to go on to quasi-judicial rules for this since item 10C is covered under that. City council members disclose any ex parte communication, if any? None. None?

No, sir.

All right. And although anyone that's going to testify on this matter have to have a Speaker Oak card signed and completed. Okay. Now it's time for the applicant to make your presentation. We're going to go in that direction tonight. We're going to go away from the legislative side on the quasi-judicial.

Sure. Thank you, Mayor, city council members. Ken Tum with Urban Design. Thank you for having me here this evening. The item that is in front of you is duplicative of the item that you saw this past summer. So just a quick reminder about the subject parcel. The subject parcel is 204 acres. It is called Sebastian Pines. Just a little bit of history. There was an annexation agreement, which this city council passed on April 8th. And then the property, the subject property, was annexed into the city on April 13th, excuse me, on May 13th. then we went appeared in front of your land planning agency for the land use change that's requested this evening on june 4th at the same time the pudr rezoning was in front of your planning and zoning board on june 4th all was approved and recommended to city council the city council transmitted it and on first reading approved transmitted the land use on first reading and approve the rezoning on first reading, the PUDR. So from that point forward, what happens is the land use then goes to the state, goes to the Department of Commerce, and there's a 30-day time period where the state reviews it. The state had no comments. So here we are this evening for second reading and adoption. I have a 17-slide PowerPoint, which will be duplicative of what you've seen before. I'm happy to walk through a few highlights if that's what you'd like. If not, I'd request the opportunity to speak after public comment and rebuttal.

Yeah, absolutely. You'll be allowed to, sir. All right. Are you finished for now? Unless anyone wants to see the presentation. If anyone wants to see the presentation again.

He said you made changes?

We made no plans changes. No changes? No changes.

All right. All right. So we'll go ahead and have staff present now.

Thank you.

So for items 10B and 10C, as stated by the applicant, this is a large-scale future land use amendment. The request was to go from county agricultural to city, very low-density residential. It was submitted to the Department of Commerce, and they had 30 days to review it. It was reviewed under an expedited review. We received no comment back. And so this is the second and final reading for both applications. the future land use and the rezoning from agricultural to very low density residential and from A1 agricultural to PUDR. And with that, I'd be happy to answer any questions that you may have.

All right. Thank you so much for that. Next, we're going to go ahead and open up the floor to anyone in favor of this request. Seeing none, now we're going to open to anyone opposing. Yes, sir, come forward.

Good evening, Mayor, Council, Jeff Hamilton, Ponoka Street here, and Sebastian. I'm going to go on the record once again. I'd like to go on the record as saying this is a very deciduous zoning change. Sebastian Pines is claiming they want to be very low density. They're jumping on a loophole, allowing roadways and common areas to be calculated. If we look at the actual lot sizes, not including drainage, lakes, roads, etc., their density is a combination of 5.2 units per acre for their 64 by 130 lots, 6.2 units per acre for 54 by 130s, and a minimum of 9 per acre for their duplexes. At some future point, this economy can change, and all this common area may turn into public land. We may be responsible for the roadways, et cetera, putting it all in the public domain. And what the end result would be is that we now have hundreds of non-conforming lots sitting there. Whenever somebody goes up for anything to permit on their home or anything, oh, it's a non-conforming lot. I've seen many people lose their homes or lose projects because of changes and things coming into the public domain. I think it's time that we reject this, approve this, reject approval, send them back to the drawing board to comply with no slight of calculator actions. Thank you.

All right. Thank you so much for that, sir. Is there anyone else want to speak on this? ALL RIGHT. HEARING NONE. YES, SIR. COME FORWARD.

A COUPLE PEOPLE.

I HAVE A HOUSE ON 73rd STREET, 6855 73rd STREET. I REALLY HAVE A COUPLE QUESTIONS. ONE IS WHERE DOES THE WATER GO, THE STORM RUNOFF GO CURRENTLY from the Sebastian Pines project, and where will it go after construction?

Right. You may continue. We're not going to be answering questions for you right now, sir. You can state your points, and we'll clarify it if we need to. You can go forward.

Yeah. I was told earlier I could ask that question, but I guess... Oh, you can. Oh.

We're not going to be going backwards and forth right now, but we'll have that stuff addressed later.

There's a couple other points. They show all these ponds in the area on the project. Presumably, these are retention ponds to allow stormwater to be accumulated, I suppose. I can't think of any other reason. The ground, the seasonal high water level in that area is only about eight inches. So if you dig a hole 20 feet deep, it's still going to fill up with water within eight inches of the top. So you don't have, these are not retention ponds. These are wet retention ponds, and they have no capacity whatsoever in terms of stormwater runoff. All right, that's a question for the developer. Now, currently, I believe they discharge their water There's a canal on 77th Street. Now, do they intend to also utilize the canal on 73rd Street for their runoff? If so, they'd be doubling the runoff, the amount of water going through that canal and potentially flooding the buildings on 73rd. These are considerations, questions that I had is mainly stormwater. We have hurricane events here and the The retention ponds will not work because of the seasonal high water level. You can't do... Yeah, that's my question. I thought there was an engineer here to answer it.

No, they will. Pardon me? We'll have those addressed.

Oh, okay.

But I'm not messing with your time. You need a limited amount of time. We get people to speak. We'll address things when need to be addressed. Couldn't quite hear you will address things when they need to be addressed. Trust me. Oh, okay. Yes, sir Thank you for your input. Yeah Yeah, is there anyone else? Yes, sir.

Come forward Fred that lady back there had her hand up Thank You mr. Mayor Damien Gilliams You know

As a real estate developer and broker of real estate in this community, General Development had the foresight to develop 17, 18 divisions out there, I don't know, maybe 30,000 lots. And they created a city of Sebastian, 80 by 125 foot lots. Why do developers are able to come in later on and get 10 pounds of sand in a five pound bag? What you're doing to our community is you're bringing another Fort Lauderdale, a big city type traffic into our community without taking the time to have a long-term annexation plan, an annexation of comprehensive land use. Just willy-nilly doing these subdivisions, 200, 300, 500, 1,000 acres, and by the way, When they come in as agricultural, they're not paying any taxes because they're leasing the cows. You go, oh, well, we got all this money coming in. It ain't coming in until it's completed. Maybe it's time that we have a very smart attorney. Maybe we need to bring in a land development attorney to really look at these annexation agreements and make sure that the people are protected. The stormwater in this community gets to the right place, not handed off through a canal where eventually it hits the Sebastian River or the watershed and then it hits to the Indian River Lagoon. You're not doing us any favors. What you're doing is you're ruining our community because general development had the foresight. And the previous speaker and Mr. Jeff who spoke earlier was right. What you're doing is you're doing five units per acre when you start doing the math and breaking it down. We need to have an engineer who's gonna look out for the taxpayers of this community and make sure that you, our elected officials, disclose that you're taking money from developers, which I know you all are, because I looked at your records. It's very bluntly clear that you're representing the developers. But the people are figuring it out. They're going to go to the polls, and we're going to send you guys a message. No more. We don't want Fort Lauderdale. We don't want the traffic. We don't want the crime. We want plenty of space to park our vehicles and go fishing because we're a fishing village. You're ruining it. That's what you're doing. And a lot of people are afraid to speak up. You know me. I'm not. It took me 10 years to get up there. Guess what? I'm running again. I'm going to get back up there. And people are going to see what I was trying to do. I was trying to preserve the community. Calm down, Mr. Dodd.

Mr. Mayor, I have a point of order.

Okay, there we go. I'll tell you what. I'll sit down. Thank you, Mr. Mayor. I respect you because you let people speak. Like you talked about Constitution Week, the freedom of speech and the right to speak. You may not like what I have to say. Too bad.

All right. Thank you very much, sir. Is there anyone else? Yes, ma'am. Oh, was it the one in the back you said, Mr. Dodd, first? Yeah.

Did you have your hand up back there?

Yeah.

Beth ,, neighbor on the south side. We don't have access from 73rd. I think we could potentially get access. But right now, we come through a neighborhood on 69th. So thank you, council. I spoke at the last meeting, and I spoke at the planning and zoning meeting. I think someone should speak. I wish there were more people here. But mostly, I just want to go on record letting you know I am doing my own personal due diligence trying to understand the formality of this process, the steps in this process, the different types of plans that are to be delivered. And it's just very tough to know when we're going to see what will be very helpful as a neighbor that has some impact. I appreciate what Mr. Walker said about the drainage. That might come out six, nine months from now once that's officially been given the green light. But right now, when you're sitting there wondering what's going to happen to the road behind you, it'd be nice to see some of those attachments that are in the urban design narrative, see more attachments that show the surrounding community. I'm still trying to figure out if that entrance is going to be directly behind my lot. I think I've figured it out, but I'd like to see that visually up here so people understand the bigger picture. And I have no idea what the preliminary process holds, but I do hope there's design changes. I haven't heard any feedback in sessions like this, which I know are limited, but on asking the developer to do more, to do better, to make access through the neighborhood easier, to make sure that buffers are more opaque than just small tiny screens to, you know, make sure that there's sound controls and light controls as much as possible. Because this is an island in the middle of a whole different community. And it's going to be raised up, create some of those drainage issues, I think. And it's coming on two dead end streets. It's not a normal kind of neighborhood situation. And it's a new developer to boot. So I just hope the standards stay high. There's a lot more questions. There's a lot more opportunity to address design considerations and issues that I think more than myself have. But I speak up. I don't know what I'm supposed to do next. I don't know how to get answers from the developer. I don't know how to see plans and details. I have stopped by your office. Very helpful. But it's still kind of tough. I'm not stopping anything. I keep trying to understand it. Because I'm building there too. Other people are, too, in a neighborhood of 12 homes. Nine lots are sold. We're all going to feel the impact, not to mention all the people who've been there many, many years before us. It's just a very unique situation, very far west, this early in the game. It will be urban 20 years from now. So however you can help the community understand the process and where we can learn more and participate more and get the answers to the questions, as was just described, I would appreciate it. So thank you for your time. Wish I knew what y'all really thought about the development and your questions, but we'll wait and see. Thank you.

Thank you, ma'am. Yes, ma'am. May I respond to her real quick? It's for procedural. I just want to say this is the land use and zoning stage. So all that things you're talking about are actually going to be as part of the PUD. It's part of the planning of the property. We haven't gotten to that stage yet. So you didn't miss any of that. So that's the good news. All of that's still coming. There will be P&Z meetings. There will be other meetings all related to that coming up. So this stage is just to decide if the property can be residential from agriculture at this point. So it's all coming. You haven't missed anything. Just keep watching out, talking to Ms. Bernard, and she'll make sure you have all the information you need for the upcoming meetings, just so you understand the stages of where we're going.

No, I thank you for that. It's hard to catch a speeding train. It's all good.

Thank you, ma'am. Thank you, Mr. Mayor.

All right, thank you. Yes, ma'am, you can come forward.

Thank you. Vivian Bermudez. I too am concerned about a couple of issues going forward. The property in question is not that close to me, but it's about the drainage, how stormwater will be handled. Where I live, my front neighbor has a really old house and the properties around her have been built up and she had issue with their water fallen on her property, flooding her back room. So that is something to look forward to, and as Beth mentioned, you can't catch a speeding train. And the other thing is I recently attended the first meeting of the county for their septic to sewer programs, and I'm wondering, and this will be further ahead in the process, and what I'm wondering about is what kind of, systems the developer will have in mind to put into their development. Are they planning to put regular septic tanks? Are they planning to hook up with the county for their sewer? That's where I'm going with my concerns. Thank you. There's already hardly any money to share to help people put their systems in order, so it's reassuring if the new people do whatever is needed so as not to be a drain on the little money that will be available to share with others. Thank you.

All right. Thank you so much, ma'am. Is there anyone else? Yes, ma'am. Please come forward.

I swore I would never come back here six years later. Here I am. Michelle Morris. I am directly affected by this annexation. And I'm not saying that I'm against it, but I feel like there's just been a lack of information. There are literally only 30 properties that are affected by this, between 77th and 73rd. And we have to call to get the information. I had called and asked to be notified of the meetings, never got a call, never got notified via mail. I had one of Beth McCoy is the one that sent it to me, just trying to find out more and more information. The only person who's been, and I did talk with Ms. Bernard two months ago, a month and a half ago. And she gave me some information, and Chuck Meckling is willing to talk with us as a group. We were originally told as homeowners and property owners that the owner of this property wanted to be a good neighbor. Well, unfortunately, we're just not seeing that. And I know this is just the annexation. I know they're still planning and zoning and all of that. But it's a little hard for us to be here if we're not made aware. We should not have to read it on Facebook. We should not have to get it from our other neighbors. There are only 30, I think it's even less than 30 properties. And if you need the addresses, I'll be more than happy to reach out and get them to you. So there's that. Most of us that live in that area have at least five-plus acres. We move there for a reason, peace and tranquility, you know, to have that property. I personally have a gun range in my backyard because I enjoy that. The new neighbors aren't going to like that. There's going to be some issues. And I don't think anybody has taken into consideration those of us that have lived there. I've lived there over 20 years. I used to live in the city of Sebastian. I lived here for, gosh, 20-something years too. And I love the city. And I don't necessarily have an issue with the annexation. I just have an issue with piling all these houses together, you know? everybody there built so they would have the property. And I'm not saying everyone should be five acres, but really we can't just sell one acre lots. The builder, the developers, I've seen the price of property. They're going to make just as much money, if not maybe more, with one acre lots. But I know that's probably never going to happen. Some of the concerns that we have as neighbors are the traffic. I know there was a traffic study done. I've not read it. I've asked for it. I don't personally think it was done on 77th or 73rd because I think had they have done that, they would realize our biggest concerns, at least on 77th. The drainage issue, which has been brought up multiple times, is a big problem for us because I understand they're going to cover up the canals, which we've had problems with in the past, and the wildlife. And I also read in the report that there was no wildlife. Well, I'm here to tell you I've seen panthers come out of there, wild pigs, not that I care about keeping those around, turtles. The canal is filled with turtles. There's just all kinds of wildlife. What's going to happen? Well, we all know what's going to happen. They're going to be pushed off into these big neighborhoods. So I just feel like this is being rushed, my personal opinion. I will appreciate Chuck, Mr. Meckling, meeting with us, which we're going to reach out to him tomorrow and try to get some answers that we have. But I think my biggest disappointment is the lack of information. You know, I thought better of the city of Sebastian for that. But thank you.

All right. Thank you so much. Is there anyone else? Yes, sir.

My name is Ryan Weir. I live in the county directly across from the property being considered for the annexation and development. I want you to consider the proposal from the perspective of the people who will actually live with its consequences. Building this development in the proposed location on dead-end streets that don't even connect to the city I want you to imagine this. It'd be like one of your neighbors deciding to build a 400 room hotel, putting every entrance and exit through your driveway, and then telling you that you don't get a vote on whether it happens because you're not a member of their HOA. They get the development and the revenue, they make the decision, but you get the traffic outside your front door without having any ability to vote those decision makers out. What bothers me most is the complete disconnect between who makes this decision and who lives with its consequences. I don't live in the city. I can't vote for council members approving the annexation, and I can't vote them out. Yet the city can annex property across the street from my home, approve roughly 400 houses, and route the entrances and exits onto dead-end roads that feed directly into the county where we live. The city gets to make the decision and collect the benefits, while the county residents who had no vote in that decision are left dealing with traffic, road impacts, noise, safety concerns, and the change to our community. Sebastian already has property much closer and better connected to the existing city limits that has been annexed but hasn't been developed yet. Why are we leapfrogging those areas to develop more than 200 acres out here where the proposed access relies on dead-end streets leading directly into the county? Growth may be inevitable, and where we grow, how we grow, and where the infrastructure is in place before we grow our choices. If connecting roads in the future would make this development work better, then connect them first. If the infrastructure isn't ready for the development today, then the development isn't ready today. If you have the power to impose consequences on us, we should have some meaningful voice in the decision. Thank you. All right.

Thank you so much, sir. Is there anyone else? I'm Stan Crawford. I'm on 73rd Street.

I almost forgot what I was going to say.

You're at the mic now. Can you say your name, sir?

Stan Crawford, 73rd Street. We all bought there. I don't want to repeat everything everybody said, but these guys are perfect, what they're saying tonight. My question is, what's the reason why you guys have want to do all this. I know you won't answer it, whatever, even later probably, but why is the reason why you guys want to do this? Why can't we leave it under Indian River County and leave it this way? It's like the guy just said. Why don't we build a 400-home hotel next to your house and see if you like it? That's the way we feel.

Right.

Sorry.

All right. Thank you, sir. Is there anyone else? Have you already spoken on this?

I just want a quick question, or not a question, a statement. The reason that we don't get notified about the action going on, we don't live in the city of Sebastian, and I suppose you only send out notices to people, neighbors of the property in question. Is that correct?

Sir, we'll address your questions later, but thank you. You've already had your time. You can have a seat. We'll address it.

Nobody is being sent anything.

All right, enough. Thank you. We appreciate it, but you're out of order right now. All right. The applicant is now provided an opportunity to come forward and answer some of these questions, and if you don't have those written down, I have some of those, too, to make sure we cover some of those things that have been asked of us this evening. Okay?

Yes, sir. Thank you, Mayor. And again, I'm going to have our whole team answer some of the questions, but let me start out. The first one, Mr. Hamilton asked a very good question about density. Mr. Hamilton's question is, why is the density so high? The actual density on the property and the way that you measure density is 2.45 dwelling units per acre. That is a density that we've applied for. That's consistent with planning practices, and that's how density is measured throughout the state of Florida. It's The next item was in regards to drainage. There were a lot of questions about drainage. We have our civil engineer, Brandon, here. He can answer them specifically, but let me start from the top. First thing, yes, all the lakes internal to the site are for stormwater. There's no doubt about that, but there are also lakes and they hold water. And the intent of those lakes and the requirements that he has to go through through St. John's is that he cannot discharge any more water than is discharged today from that site. So it's pre and post. Those lakes are constructed in a manner to hold all the water on site. So envision it kind of like a bowl. The lakes are in the middle, and those lakes collect the water internal to the site. The discharge points, which in this case are the north and south property lines, there's a canal that goes to the west towards the graves property, he cannot discharge any more water than what's currently discharged today. So those, it's called water quality and quantity, and they keep those on site.

Do you have an overhead of that on your PowerPoint somewhere?

Yes, sir. I can get a picture. I can point with a picture. Right. Yeah, that's fine. If you can get me to where... If you can pivot to mine, that would be great, whoever's driving.

I think she's working on it.

Thank you. So I'll keep rolling down the road. We'll come back to the picture. Oh, there we go. So on the screen in front of you is the proposed conceptual site plan. It's not what you're approving tonight, but it's a conceptual plan that shows, identifies how it goes. You can see the significant amount of lakes that are on the subject site. In fact, the lake area is, I don't remember, it's a pretty significant number. I want to say it's 86 acres in round numbers, if I remember correctly. But the subject site, the lakes are stormwater for the system, so the internal roads do drain to those internal lakes. And that's how you provide water quality and water quality. So when it rains and water hits a road, right? The water hits the road and then goes into the lakes. It's held there specifically because roadways cars sometimes have dirt to them. So it's called water quality. Then they also have something called water quantity, which is a volumetric design that our engineer designs, which has something that allows the water above what is known as the groundwater. There's a capacity of the lake above that. And then the lake fills up And as the water is allowed to discharge, and it's only allowed to discharge what's there today on a post and pre-discharge, it slowly comes down. And that's generally how the stormwater management systems work. Any more specific questions, I'll stop playing engineer and we'll bring the real one up.

Well, no, just one more before you bring the engineer up. It was spoken about whether or not they're going to be on septic tanks or a sanitary shore. Can you explain that to us?

Yeah, thank you. So, yes, the answer to this, I'm glad you brought that up. I believe that question was from... Oh my gosh, I believe it was Vivian. Vivian, I couldn't remember your last name. I'm sorry, ma'am. And that was a good question. So yes, we will be on, we will have regular sewer system. It will be connected to the Indian River County Utilities. There will not be septic tanks. This will be a standard public sewer system for this subject site. Okay.

Mr. Mayor, can I have a question? Yes. Okay, there was a comment made by someone, and I'm sorry, I didn't write down who made the comment, about covering culverts.

Yes.

Is there an intention to... If there is going to be some culvert work where you cover culverts, where is that located and how are you going to handle that?

I'm going to ask Brendan to come up and explain it carefully, but I do know that on 77th and on 73rd, there are areas that we are going to put culverts, which will be designed to handle the water existing in the canal. Brandon, if you don't mind coming up.

So as part of your work on 77th and 73rd, as you finalize those roads, there are some ditches along those roads that you will, will you encase those in pipe, or what will you do with that? Now you're getting way into the weed. I've got to get somebody else for sure.

Good evening.

Brandon Ulmer with Mill Short and Associates High. We'll fill a card out when I'm done. So as it relates to the roadways, we are improving the roadways based on the needs for the project. Part of that is widening and paving those roads. And so what happens with these older road sections is that you end up with not enough space for the ditches, and they become a hazard at that point. So in order to address that, they allow the culverting of those, the existing ditches from basically from the project over to the main roadway. I think portions on the other side have already been culverted. But you end up with it culverted and a shallow swale to pick up some of the above ground stuff, but the culvert runs and then connects both ends.

And the culvert's going to channel water from where to where?

It basically spans the canal and sends the water in both directions. This is kind of a high point, so the water goes both ways.

Along 73rd and 77th? Correct. And will it connect to the drainage system at 66th, for example? Correct. So you will drain water into the overall drainage system that's now been enhanced along 66th Avenue?

The new system, correct, yeah.

Okay, and that... Overflow for that, will that be, that will be in the stormwater conveyance system along 66th? Yes. I'm trying to, one of the big topics was flooding. Right. And so when you take a ditch that's along a road like current 77th and you do something with that road, if you don't properly channel the flow of that water into some conveyance system that carries it to another pond or another storage area, then you're not going to improve flooding, you're going to create problem flooding. So I'm trying to understand and hopefully the residents will understand how you intend to do that. I know it's difficult because you're an engineer and sometimes engineers get caught up in details. That's right. And we're politicians and we don't care about details.

You're a politician too.

So that's what I'm trying to understand is you're going to bring the water Off of 77th and 73rd, and that water you're going to carry not into the subdivision, but along those culvert systems to the 66th Avenue conveyance system? Correct.

Actually, portions of it will have to come into the project because the portion that's roadway, we will have to treat it. And then put it back in.

Okay. So the, the water that you're capturing off 77th and 73rd will actually go into the, to the water system within the subdivision. Correct. And then that'll be stored there treated. And hopefully at some point in time, it'll end up into, I don't know, the Atlantic ocean, but, uh, okay. So you are, you are enhancing the flow of the water off of those two roadways.

Correct. okay it will be taken into the project um for the roadway portion and the ditches will be filled as discussed um we did have a meeting with the farms who owns those canals okay you know went through all this with them all right i hope i hope that helps i mean it helped me but i hope it helps everybody else so fine no i'm hearing no shakes down there so that's fine but that that's because

People people tend to want to believe I Don't want to say the worst but they tend to want to believe that their fears are more founded than the other side of it So I'm hoping that we're gonna hold the feet to the fire here and make sure as we go through this process that that stormwater is taken care of which is part of the responsibility that the city has in this we have to do that so And then 77th you're only 77th and 73rd you're only enhancing those roads that if I understand it right, to your entrances, or are you enhancing them all the way down to your connection points to the wastewater and treated water system? Can you help me with that? Okay, I see the bar here right now.

Okay, yeah.

So you're going to enhance 77th down to just almost short of the end of the subdivision, and then you're going to enhance 73rd basically down to your exit point on that, and you're not going to enhance it further down. Okay. All right. And 73rd is going to actually run into the Grace property at some point in time in the world here. So if we're going to enhance 73rd through the Grace property, we're going to have to enhance that portion of 73rd that you're not going to do through that process.

Yeah, I mean, just a quick reminder. Unfortunately, this piece of property right here, was not annexed, so that kind of creates a little bit of challenge for us.

Yeah, for you, yeah, but not, I mean, the city wants connectivity.

Yes, sir.

This growth makes no sense to us if it doesn't connect to the Gray's property and to this whole thing. I'll tell you point blank, we don't gain from annexing just a subdivision. We only gain from annexing a concept, and the concept is part and parcel of that whole area down there. and it all revolves around that 2,000-acre partial, quite frankly. So, okay.

Thank you, sir. All right. Thank you. For you, Mr. Nunn, you have it.

I do want to make a point and remind that we are not having an annexation discussion. We are having a land use and a zoning discussion. This property is already part of the City of Sebastian. I heard a couple people mention annexation. That's long past at this point. This property is already part of the City of Sebastian. We are doing land use and zoning just for clarity's sake because I've heard people mention that I think this is an annexation, but thank you. All right. Thank you so much.

Do you have anything?

I have another one.

Go ahead. I'm sorry Jeff left, the first speaker, because he brought up points that didn't make any sense, but he brought up points that potentially, and I think we need to address those points. Based on our annexation agreement and based on a development agreement, the city of Sebastian will not be responsible for these streets, for this stormwater system, They'll not be responsible for anything within this subdivision. Correct. Correct. Yes, sir. That's in perpetual.

It's crystal clear in the developer's agreement. It'll be crystal clear on the plat when it gets recorded. That's right. And it will be the responsibility ultimately of the property owner's association.

I just wanted to make sure because what I heard was a Facebook speech, and I want to make sure that – We're responding like we heard a Facebook speech. And the worst has happened before.

That's right. And guess what? The Property Owners Association have foreclosed on properties. I mean, you know, in a doomsday scenario, which has happened only once in 2008, it still gets resolved through the association. The municipality never. takes responsibility for streets that are dedicated privately to association.

And if we have the zombie apocalypse apocalypse tomorrow, then the city will have legal, legal avenues to try to make sure that we don't get caught with this. You know, if we may have be running from those nasty guys, but, uh, uh, we're protected. I just want everybody to understand that this is, this is a multi-step process. Like council member Nunn said. The people up here and the people of city staff have been through this and over this and done everything they can. There's not been an intent here to do anything. I should say this differently. I understand the people who live out there who are not part of this, not being happy with this. I thoroughly do. I mean, you've got a 10-acre place of property that's been out in the woods, and all of a sudden you're going to have a subdivision next door to you. But I will tell you, in America, that happens every day 10 times. And I just don't know what we can do as an organization because we have state statutes, we have property rights, we have all kinds of things that sometimes I want to just ask, why can't we just say no? But every time I do, I'm told why we can't just say no. So what's happened is the city has done everything they can to protect the people from potential impact on this. I just want to make sure that That's directed because we have had what I consider to be some Facebook speeches here, and I just want to make sure that's covered very well in this process. And I thoroughly understand, and would love to have been able to vote no on some of this stuff, but I thoroughly understand why we really couldn't do that if the developer agreed to meet the conditions that we set for this property. It's almost impossible. I mean, I can let the attorney address it, but it's almost impossible for us to say no. in this regard, and I understand how much people want us to, but I also understand legally how it's difficult and almost impossible for us to do that. So thank you, sir. All right.

Thank you, Ms. Matthews.

Well, one of the things I wanted to address, and this is more maybe for Ms. Bernard and working with this, I didn't hear, even in the opposing, I didn't hear a lot of people opposed to the actual community itself. It's the not being a part of it, not being a part of the decision-making. So from tonight forward, if we can come up with something to where all of these folks are completely a part of this and informed of this and whatever we can do to make them, to have them informed of this. And this is their community. There's five of us making a decision, but this is their community, and they need to be a part of it. And we're constantly sitting up here saying and urging people to become a part of your community and be your voice. Let us be your voice. Be heard. But stand here. and they're all saying that they're not being heard. They're saying that they weren't notified, and that's not what we're here for. So whatever we can come up with, and I am going to throw one of the speakers under the bus because she said she wasn't going to stand at this podium again, and maybe Ms. Michelle Morris can kind of spearhead that to help you with getting whatever you need to do. But I really would like to see, and moving forward with this, one of the things is this is a conceptual issue, plan. There can be lots of changes between now and before the first piece of sand is moved. We, we know that, um, you know, we're here tonight for different reasons. And so there's lots of things that can go on, but, but the community needs to be a part of this. So, and I've, you know, from there, from here forward, I'd like to see that. I'd like to see, you know, I don't want to hear again that we weren't notified. Absolutely.

Yeah. I'm going to, I'm going to jump in here. Um, I'm going to take full responsibility for that. And I apologize, Michelle, We had a conversation, and I had committed to making sure it take place. and it didn't, so I will take full responsibility for it. I will get together with staff, and we will address how we handled this situation and how we handle all future situations regarding communication. You all know that communication is something I pride myself on, not only with you all, but with staff, and we need to do a better job with the public. We failed in this one. I'll take that responsibility, and we'll get better from it. Thank you.

All right, thank you so much for that, Mr. Benton. Mr. McPartland, do you have anything?

No, sir.

All right. You're still part of it.

Okay, Jonathan. Go ahead. I'm sorry, sir. Go ahead. Thank you, Mayor. Jonathan Rodaback, Bill Evans and Rodaback. I'm the attorney for the development team. One thing I did want to say to address Ms. Morris' comment that I will absolutely make myself available to you in any way, shape, or form to ensure that communications are more streamlined. between the developer, who I know very much wants to please his neighbors, I can say that matter-of-factly. I also wanted to address the comment about the statement made about your city attorney maybe needing outside counsel. I would recommend that if there was somebody that was more experienced and competent than your city attorney in land use matters, but I don't think you're going to find anybody, so I thought that comment was uncalled for. and dealing with your staff and the city council. I believe the people that have been working in this have been acting in the best interest of the city, not the best interest of the developer. I can say that on behalf of the developer. Sometimes you make my life very hard because of you're looking out for the best interest of the city. And I just wanted to address that record as well. Thank you.

All right, thank you so much for that, sir. As far as the applicant, do you all have anything else you want to address, or anybody have any other questions that we have not addressed that the public may have brought up? No, sir. No? All right. Hearing none, staff, is your opportunity to provide some, to summarize, or if you have anything? If not, it's okay.

Um, I have nothing further to add.

All right. Well, that's fine. And, um, now we're going to deliberate or make a motion or whatever council wants to do now. And we're first going to go with item 10 B. Mr. Mayor, I move approval, uh, Mike Owen.

Oh, I'm sorry. Thank you.

No problem.

I move approval of ordinance. Oh, 26 13. Um, on the second reading.

Second. So we have a motion and a second. Any other discussion? All right. I've been hearing none. Madam Clerk?

Council Member Nunn?

Yes.

Council Member Matthews? Yes. Council Member Dodd?

Yes.

Mayor Jones?

Yes.

Vice Mayor McPartland? Yes. Motion carries.

All right. Thank you so much. Now our next item is item 10C. How would we like to proceed?

Mr. Mayor, I'll make a motion to approve ordinance O-26-14. for the rezoning of the second reading.

All right, so we have a motion by Councilmember Nunn, and I'll second that, and second by the Mayor. Any other discussion? Hearing none, Madam Clerk.

Councilmember Matthews? Yes. Councilmember Dodd? Yes. Mayor Jones? Yes. Vice Mayor McPartland?

Yes.

Councilmember Nunn?

I'm sorry. All right. Next item, we're on item 10D, Delta.

Yes, Mr. Mayor, and these next two items are just like the last two. Item D and item E are both on the same project and property. So, again, the council is within their power to have the one public hearing apply to both. You want to do that again? On D and... What happened? I'm sorry. Yeah, D and E. Correct, Alex? Yes. All right. So, item D, ordinance number 0-26-15, an ordinance of the City of Sebastian, Florida, approving an amendment to the Comprehensive Plan Future Land Use Map to designate a land use classification of VLDR, very low density, residential, three units per acre, to property containing 382 acres, more or less, known as Crestwind, located south of 69th Street, east of 82nd Avenue, west of 78th Avenue, north of Sebastian River Improvement District, ditch sub-lateral C-8-E, with a current land use designation of AG1, agriculture, one unit per five acres, authorizing findings and administrative action, providing for conflicts, severability, and scrivener's errors, providing an effective date, and providing an adoption schedule. an ordinance number 0-26-16, an ordinance of the city of Sebastian, Florida, providing a zoning designation for annexed lands with a prior county zoning designation of A1, agriculture. to PUDR, Planned Unit Development Residential, in accordance with a conceptual development plan for a property consisting of 382 acres, more or less, south of 69th Street, east of 82nd Avenue, west of 78th Avenue, north of Sebastian River Improvement District ditch, sub-lateral C-8-E, providing for conflicts, providing for severability, providing for scrivener's errors, and providing for an effective date.

All right. Thank you so much for that, sir. Under item 10D, that's legislative, so we don't have to worry about that. But under 10E, any expert communication from council?

No, sir.

Hearing none, Mr. McPartland?

No, sir.

All right. So anyone wishes to speak, you have to have a speaker oath card. But under the legislative process, we'll allow. Applicant, now you can make your presentation.

Mayor, city council members, Ken Chuma with Urban Design Studio here today on behalf of Coulter, who is the contract purchaser for the subject site. What is in front of you this evening is Crestwind, which is an active adult community. This item has been in front of you several times. Just for a brief reminder, the subject site was partied to an annexation agreement on May 13th. The intent of this evening is to perfect that annexation agreement and follow up with what was outlined in an annexation agreement. The subject site was annexed into the city of Sebastian on May 26th. The property then, what is in front of you this evening, which is a land use change and a rezoning, once your LPA or your land planning agency on June 18th, and at the same time at your planning and zoning board, the rezoning went to PUDR, went on 6-18 also. then this city council reviewed it on first reading both transmitting the land use to the state and first reading of rezoning to a PUDR. That then went to the Department of Commerce, and I believe there were no comments from the Department of Commerce. There is a 30-day call-out period where you wait for the Department of Commerce to respond. and then bringing us here tonight on September 9th for the final action of both the land use change and a rezoning to PUDR. Everything that I have in the presentation is duplicative of what you have saw at the last hearing. Our whole team is assembled, can answer any questions you may have, and I would request the opportunity to rebut after public comment, particularly in a quasi-judicial manner. Thank you.

Yes, absolutely.

And, of course, up to this board, if you'd like me to go through the presentation, happy to do so.

If we have some questions and something to point out, we'll do what we did before. Other than that, you may rest for now. Staff?

Good evening. Ordinance 02615 is for a large-scale future land use amendment, and this is from Indian River County Agricultural to very low-density residential. It was submitted to Department of Commerce after first reading, and we, under the expedited state review, there was no comment received back. So we are proceeding with second reading that you're hearing tonight. And the rezoning is from County A1 Agricultural to City PUDR, which is Planned Unit Development Residential. It's 382.48 acres and staff recommends approval. I'd be happy to answer any questions you may have.

All right. Thank you so much for that, Ms. Bernard. Now we're going to go ahead and open the floor to anyone in favor of this request. Now we're going to open to anyone who opposed this request. All right, hearing none, applicant, would you like any final? There is no comment, so unless council have questions, then we'll get back to you. Staff, any final for you?

Nothing further to add hearing none.

Okay. So now it's our turn council. We have any questions or would you like to lead off with a vote motion?

I'll make a motion to approve ordinance. Oh, 26 dash 15 on the second reading.

Oh, no, we've got to go with, let's go with 10D first. Sorry. Did I read the wrong one first? Yeah, we'll go with 10D, 2615. That's what I said, 2615. 2615? Okay, that's what he said. 2615, yes. All right, so we have a motion and a second. Any other discussion? Mr. McPartland, anything? No, sir. Madam Clerk, on item 10D, Delta.

Council Member Dodd.

Yes.

Mayor Jones. Yes. Vice Mayor McPartland. Yes. Yes. Council Member Nunn? Yes. Council Member Matthews? Yes. Motion carries.

All right. Next, any more comments or a motion on 02616?

I'll make a motion to approve Ordinance 026-16 on the second reading of the zoning.

So we have a motion. Is there a second? Second. Second by Ms. Dodd. Okay. All right, madam clerk roll call mayor Jones.

Yes vice mayor McPartland Yes, council member none. Yes council member Matthews. Yes council member Dodd.

Yes motion carries Do we do it need to do anything here mrs. Stokes own F I

No, we already did that at the beginning of the meeting. So we didn't need to make any move. September 23rd.

Okay. All right. So we're good with that one, right? All right. So our next agenda item is G, item 10G as in golf.

Yes. Ordinance. mrs. Stokes O-26-21 an ordinance of the city of Sebastian Indian River County Florida providing for the amendment of the city of Sebastian code of ordinances section 34-2C trust fund section 34-10 fee for opening or closing internment site section 34-161 standard in-ground internment sites section 34-18A6 interment site markers, period for installment after burial, and section 34-26 rule violations, procedures, providing for the rescission or repeal of all other ordinances, resolutions, policies, procedures, or any part in conflict therewith, providing for codification, providing for severability, providing for scrivener's errors, and providing for an effective date.

All right. Thank you so much. Mr. Benton.

Mr. Mayor, thank you. I'm going to handle this item tonight. So before you, Ordinance 026-21 is amending Chapter 34, which addresses our cemetery within the city. The amendments are as follows. Section 34-2, Trust Fund, we are requesting to change the split of revenues from a 50-50 split into a 80-20 split. 80 would go towards operations. 20% would go towards capital. As you can see in the staff report, our major concerns, we have two as we go forward, capital. One is our irrigation system, which runs a lot. We are currently addressing that in a new well point and a new pump, so we would now have two as opposed to one. And then the second major capital thing that we see in the future in the relative future is new columbarium niches. We currently have 191 niches available. The only thing, sales of those average over the last five years have been in the range of 10 to 12 units per year. So when you see we have 191, that's a pretty long lifespan we still have in our existing ones. A lot of those are on the first and second level of those niches. However, we need to get those sold and get further along the line before we start to even look at any future columbarium niches. So that's why I feel confident with the 20% in future capital. We're replacing the building now. That's going to be a brand new building. We don't have many other major capital projects that would come out of the cemetery in the future. And then we're also looking at section 34-10, changing the fee. We're changing the entity that the fee is charged to from the funeral home to the person requesting the service. There's been a little bit of confusion when those things come before payment for the clerk's office and people, you know, state that, well, I paid the funeral home or the funeral home says they never received a payment. So we're trying to clarify that. The third one is Section 34-16, changing language to one coffin interment. Really clarifying this better and then eliminating language regarding exceptions and adding the word or instead of and to remains. The next section, 34-18, subsection 6, changing the number of days to install a marker from 120 to 180 days. I checked with staff because I had a question that came up about this today. Um, I did speak with staff. Their concern right now is that they're just having a hard time getting, uh, markers installed from the purchase, the vendor that the families decided to use. It's taking more lead time, um, than it previously did in the past. Um, so there was some availability concerns there and, and trying to give them 180 days on that instead of 120. Um, and in the last one is just, uh, changing the title. of Leisure Services Director to Parks and Recreation Director, and also outlining staff in a few areas within section 34-26. I'm available to answer any questions you may have.

All right, thank you so much for that, sir. Is there anyone from the public who would like to speak on this item? Anyone with their hand raised? Oh, yes, ma'am. Yes, come forward.

I'm bringing it on. So my question, Vivian Bermudez, I have a question and that is 180 days to install a marker. Is that kind of standard in central Florida? That sounds like a long time.

Oh, I don't know. Yeah. It's, it's, it's talking about, he's talking about the contractor bringing those pieces out. Is that where you're referring to? Not us installing them or is that us installing them once we receive them?

Yeah, we do not install them as everything is done through an outside contractor vendor from the family. We're just seeing long-time delays in that process, so we were trying to just build it in so that we didn't have to address some of the delays from 120 days that we were currently seeing at the cemetery. So we were just trying to clarify that to give them an extra two months of 60 days.

Yeah, I guess I'm just trying to understand, you know, that's a long time.

Yeah, 180 days is six months.

Is that kind of standard in the industry?

Mayor, is it okay to go back and forth?

No, no, no. We're not done, ma'am. We're okay with this because we're talking about this part of the cemetery, not whether or not some company takes 180 days to have things done. But if you want to know more about that, you can talk to the clerks upstairs, and they can give you all the cemetery information and go over there. But we're not going to go through that here. Thank you. Yes, ma'am.

Mr. Mayor.

Yes, sir.

If I understand it, Brian, the city does not install the markers. The individual who purchased the plot retains a company to install the markers.

That is correct. Typically what happens...

So the time frame that's listed in this ordinance of 120 days is really saying to the purchaser of the plot, you have 120 days. And even if your contractor doesn't do that, you're the one that's potentially in violation of the ordinance. And all you're doing saying now with the 180 days is saying that individual, if you have a problem with your contractor, you have 180 days to do this. So This isn't basically saying it's going to take 180 days to install markers. It's saying it's giving the owners of the plots an opportunity if they have a problem and it extends time on this.

That is correct. So just to kind of clarify, you know, a lot of families, they don't know vendors that install cemetery markers. So they're going to a funeral home and it's a very vulnerable moment. They're utilizing the knowledge from the funeral homes that are using a vendor that they're not specifically comfortable with a lot of times. And There have been lengthy delays. That's what we have seen. I don't work in that field. I don't know that. But that's kind of what we're being told from the funeral home and from also families that this is a typical time frame that's going on right now.

I have one other question. Yes, sir. The capital improvement fund, after the new building is constructed, do you have a rough idea what the balance of that fund would be? Is that something I missed on here?

No, hold on.

One second. He's getting it. Right there.

I didn't see that. That's why I asked that question.

I'm surprised he doesn't know the number on top of his head. Oh, it's in the budget?

Okay. I'm just trying to understand. Okay, if we have an overrun on the construction of the building, is there sufficient funds in there that we're not going to limit ourselves by reducing to 25% at this point in time until that building's finished? is what I'm trying to get to.

Yes, sir. So you'll see we're estimating at the end of this fiscal year to have about 158,000 in capital. And then obviously it increases from there as we go forward with that 20%.

Okay, so what's, I mean, that's at the end of this fiscal year. We haven't built the building yet.

The building is, yeah, but it's under contract not to exceed the total project.

Okay, so that's after the building construction.

That's already accounting for $700,000.

All right, I'm fine with this then. I'm fine. I didn't want to open the budget book to find that.

That's okay.

If Mr. Kilgore was here, he would have had the number off the top of his head. Yeah.

All right, so we have, and I'm pretty sure that was basically your summation, right, Mr. Benton? Or you have more?

Only if you all have more questions.

Mr. Mayor, I move approval of ordinance O. Oh, I'm sorry, go ahead.

Microphone, please.

Sorry, I turned his on and mine off. The only issue I have, I do agree with the 180 days. I think we're giving outside entities way too much time, but that's, I understand that we can't make them do. But I do have a question on the 335 on the end. I would like reasonable period of time defined. We talked, I mean, I have a thing with open-ended time frames.

Yes, ma'am. So you and I had the discussion today, um, and I asked, you know, obviously you could bring it up. Um, so my recommendation is, um, to give them 14 days to come into, come into compliance. That's two weeks. Um, most of the issues that we will see out at the cemetery, other than the grave markers that aren't installed in however many days. most of the other ones are things that should be addressed relatively quickly. Um, you know, whether they've got dead, dead flowers, dead plants, um, things they've installed that aren't allowed, they can easily address into in less than two weeks. Um, so I feel like if we give them 14 days, instead of leaving it open-ended, we could amend that and basically strike out. My recommendation is we strike a reasonable period of time and insert 14 days.

Correct. Okay. And even if the violation is at least acknowledged, they have a violation, they have 14 days to acknowledge that they've received a violation and what they're going to do or what their plans are to rectify that violation. Regardless, if it can't be rectified in 14 days, that's still at least they're acknowledging. But a reasonable period of time, I could get back to you in about six months when my marker's being put in.

That's reasonable.

All right. I make a motion to approve ordinance 02621 with the recommended changes that have come forth tonight.

Second.

Your change is not documented on there.

Let me write this down. Hang on.

Do I need to go further into the recommended changes to add the 14 days or just?

You can just say including the recommended changes on, you know.

Okay. I'll just add it to it. Just including in my motion to define reasonable period of time as 14 days.

Second. All right, so now we have a motion and a second. Anybody else? Mr. McPartland, you have anything? Madam Clerk? Call the roll.

Council Member Nunn?

Yes.

Council Member Matthews? Yes. Council Member Dodd? Yes. Mayor Jones? Yes. Vice Mayor McPartland?

Yes.

Motion carries.

All right, thank you so much. No unfinished business this evening, so we're going to start off with our next item is item 12A under new business. Who do we have? Mr. Gartner.

Okay, good evening, council. Just like we discussed at the budget meeting, we presented, Mr. Benton and I, I should say, presented the budget plan for the upcoming rates. Everything is just like it was when we talked at that budget workshop. Just a couple highlights I can mention. We do plan to be much more vigilant on anybody that makes a tee time and then doesn't show up. We will bill them for that. I've already talked to a lot of people about that. Even just the last few weeks, I've noticed people that have canceled have made sure and officially canceled on the telephone ahead of time. So I think just having that word out is really going to help that situation. A couple other highlights. You'll see a very nominal increase on annual memberships. Those are just going up $50. A lot of the other rates do have some increases. Again, we try to keep them as nominal as we could. A lot of, I should say, walking rates have stayed the same. So that should be good for the walkers. And another big highlight is the junior green fee that will basically be one of the best deals in town. I think, uh, $5 for a junior under the age of 15. Uh, and that'll be year round, uh, even during peak season, uh, in the morning, if they're, if that junior is with their, uh, their parents or, or whatever, they, they, they can ride in a cart for $5. If, uh, if the junior comes out by himself or herself, uh, later in the afternoon, It would still be $5, and of course they wouldn't be able to rent a cart, but they could walk for that $5 charge. So we're happy to offer that, again, on a year-round basis, that $5 rate. And again, everything else was just like we had talked at the budget meeting.

Except for the one thing, I hear the penalty for not adhering to the time, if you call in a tee time, what is the penalty for that? I know you stated that you're going to do one, but what is the penalty for that, for no show and no call on the tee times?

Well, the plan would be just to bill them for that appropriate rate.

Oh, good.

Okay. Just depending on what time of year it is, of course, and Whether they had booked for 18 or 9, it would just be whatever rate they were expecting to pay in the first place.

So are you talking about just the rate for the round, not the golf rate, not for the cart, or what do you? Yeah, the entire round. So including the cart fees? Yes, sir. So if they don't show, they're going to pay both the green fees and the cart fees? Unless they booked a walking rate. Okay. I think, I think the walking rate might be more appropriate.

I don't know.

I mean, the problem we're getting is we're giving up prom morning tee times that people are reserving for a foursome and not showing up. Um, so at any given time of the year, that's $200 right there out the door. So, and they're continuing to do it. It's not just happening randomly. And this is, this is pretty standard across the golf industry. When I found out we weren't, you know, when Greg and I talked, and I'm like, we're not charging anything, you know, it's standard across the golf industry that if you have a no-show, you pay the full rate unless you've given us notification that they're canceling their tee time. All they have to do is pick up the phone and call.

And that rate includes the cart or just the group?

Yeah, it includes the entire fee, the exact fee.

Now, is it not common, though, for someone who does that twice or whatever to suspend their ability to reserve tee times?

That very well could easily happen. It's easy to prevent them from making online tee times.

And then they would have to call us. You're going to send them a bill. They don't pay it. I'm just trying to understand the ramifications of that.

Yeah, I mean, it's not something that we're doing that's new. This is, I mean, I can't think of a golf course that I play at that doesn't do this. I mean, I show up if we have a foursome and one person doesn't show, well, that person's going to pay one of us because we've got to pay their fee. And it happens. I mean, it's happened to me numerous times.

Okay, there's a difference in what I'm addressing. If you make a tee time for a foursome and you've got three people show up, Those three people need to make up the difference in the fee for the foursome. Okay, I understand that. But if you have, I make a tee time and nobody shows. You're saying you're going to bill the person who made the tee time for the whole party?

uh... how i'm just not understanding the mechanics of how this would work amount of mixed where you might have a better feel i don't that's why i'm asking the question as well because i i know that there should there has to be a polly people need to understand that when you make the tea times that these are spots that a lot of doubt for the day in the golf course depend on those two times in order to make their money But to charge a whole, I'm concerned with charging a whole fee for that.

If I make a tee time for a foursome and we don't show up, then you're talking about billing the person who makes a tee time for all four players. Is that correct? Yes. That's where I think there's a, I don't know.

So if I can, it makes sense from the perspective of you have a cardholder that's getting an $18 rate making a tee time for four people. That keeps four people who aren't cardholders that would be paying $200 for that same spot that they're getting for $72. They don't show up for their thing. We just lost out on making $200 at the golf course for those people that are paying $18 a person. I don't, the only thing you're being charged is what you booked. If you booked a walking rate, you're being charged a walking rate. If you're booking a ride rate, you're being charged a ride rate. You're being charged for whatever you book. So the answer is accountability. Show up for it. If I don't show up to my doctor's office for a doctor's appointment, I get charged a full fee for visiting that doctor's office even though I didn't go. So I don't have a problem with this.

So what if I call you five minutes before my book treat time and say, I have to cancel. I have a car accident or I have to do this. What takes place?

We're pretty nice people there. If it was a car accident or even if they got sick.

This is kind of like a speed limit out there on Route 60. It says 45 miles an hour. Sure. And there is an individual in the form of a traffic officer. who can make a determination as to whether they pull you over based on circumstances more than just 45 miles an hour. What I'm hearing said here is there is no circumstance. You make the tee time, you don't show, I'm going to charge you. But the circumstances is called. Just call and cancel.

Call and cancel, and you're not charged. I mean, that's the simplest solution that could be.

Okay, that's what I was trying to get to.

If you call and you cancel to the pro shop, You call, speak to someone, you're not charged a fee as long as you cancel.

But if you no-show and don't call, that's the fee. Just completely no-show.

Because we understand things happen. I mean, the night before you may find out that two of your people can't play and you're now down to a twosome. Well, you can't call the golf course at 9 o'clock that night. So you call them the next morning and say, hey, I need to change my reservation to two people. Then we can try to feel that if it happens. That's all we're asking. And we're having too many circumstances of people booking, and they know they don't get charged anything, and they just don't show up. They decide not to show up that day, and it's just happening too frequently. All we're asking is we want notification, or you're going to be charged.

How often does this happen? It honestly doesn't happen a lot. Well, a lot means it doesn't happen 10 times a week, 5 times a week, 20 times a week. I would be closer to say five times a week. Five times a week. And that's during peak season. Are the people who do that perpetual offenders typically, or is it a one-time thing?

It's a one-time thing. Okay. Yeah, it's not. It's not the same person over and over.

Excuse me for confusing this. I'm just not that hardcore of a person, I guess. I'm like Fred. I may be overly nice on some of this stuff, but this is hardcore. This is too hardcore for me.

Remember, we need funding at the conference.

I understand that, but I'm done.

One of the things I would like to see is...

is really good about calling and canceling, or it seems like in this society people run late more and more and more, and we get that phone call a lot that they're going to be 10 minutes late for their tee time. Yeah.

I'm fine. I'm fine.

All right, Ms. Matthews.

Since this is done across the golf course world, can we maybe pull some, like, policies or direction from other courses and just see what they do and how they do it? Because this is something you have never implemented, correct? Correct. You've never charged anybody for not showing up. So if we're going to implement this, then let's make sure that we have a practice in play that's going to be standard across the board and we're not doing selective enforcement or selective adherence to it. So if we could come up with, just see what other policies and maybe adapt something that will work for you and work for your people in the golf course itself, I'd like to see that before we...

start practicing it well i'll say this we're more lenient than 90 of golf courses right most golf courses require 24 hour notice okay or you're charged and a lot of golf courses don't accept phone reservations so we're now and greg and i even had that conversation i said greg what if we go away from phone reservations because if you put in a credit card and you have that reservation online you just click it and it's charged when you don't show i'm just i play enough versus that that is the standard.

And I'm not doubting that, but I would just like to have something in play, something that we can, if we're starting something new and we're going to start, because I can hear that first person that this happens to, so going just completely bonkers with it. So I would really like to see this is what we're going to do, this is how we're going to do it, and this is what we're going to do for everybody that fails to show up a call. And this is how it's going to be played across the board. And whatever that is, and whatever you determine that that is that works for you, but I'd like to see those rules in place before we start implementing that we're going to charge somebody. Because that way, here it is. And then you're telling people that this is what we're doing, this is how we're doing it, and this is what's going to happen. And then we go from there. And then it doesn't change. It may have to change or peak itself as you progress through it and find that, OK, this isn't working, that's not, so let's do this. But at least we have ground rules is what I'd like to see in play. I'm not saying no to it. I'm just saying that I'd like to see ground rules of what we're going to do so that everybody that doesn't show or doesn't call has the same end result. Right.

Yeah. So, so there's nothing on, on this agenda item that addresses that. So we can bring that back. Is it on the penalty?

There is where it's right here. It says failure to show for reserve tee time will result in automatic charge using the appropriate rate. Um, I, I would like to make a thought, a comp, a comment. Um, the, the golf course is an enterprise fund. It should be run like a business. It shouldn't be run like a park. Um, And therefore, we have a professional staff on hand that runs this. And I think that if they're recommending we should do this, I think we should take the belief that they've done their research, that they've checked into other policies and procedures, that they're not making a willy-nilly decision, that they're making an informed decision, in my opinion. And I believe if they say that this is needed, it's needed for a reason. And I think we should trust them and their their professional status at the city. And I think we should agree, either agree to the charge or disagree with the charge and say, strike it. I don't, I don't know that I want them to go back and get, they're going to find, have no problem finding all the proof in the world and all the policies and procedures in the world. So either we want to hold people accountable for, for not showing up for their spots or, or we want to say we'll be flexible and, and we'll let that go as it's going now.

And I agree with what you're saying, and I wholeheartedly trust that all of the work has been put into this, and I don't doubt that. What I'm wanting, and if you have it in play and you have it in play, I just don't see it. I see one sentence here. I just want something that when you, and this is to protect the city and the golf course as well, is that when you're doing, when you've done this, that this is what you're doing and this is what you're telling the people And it's the same thing that you're telling every person regardless of who they are and what the check, but it's the same information and that it's out there. And if we've never done this before, this is something new. And this one sentence, I don't see, that's all I'm asking for is, and if you have that in play and you have it written out and it's ready to go, then go with it. But I'm asking to see that there is something in play that you're going to hand to somebody, because this is a new rule. And it is a change to, and we're dealing with a lot of people that don't like change. And that's my point on this. But if you've done the work and you've got everything in play, then you've done what I've asked, what I'm asking of you. I just would like to see whatever you're going to hand out, because you're going to do a flyer that's going to have these prices on it, correct? Or some kind of handout that has these prices?

Oh, of course.

Okay, so when you do that, then you have that clause on there. This is what we do. They put it right on the same, that this is what we're going to do. And if you don't show up and this is what it is, but it's something that is going to be the same for every person.

I just want to, if I may, I understand what you're saying, but I also understand that the council is a strategic body. And I think that it's really the city manager runs the city and has a responsibility to implement the policies that we lay out in an appropriate manner. So I'm not sure that I am needing to see how he's going to do this. I'm just from a council perspective that we either agree or disagree that we want to charge. We want to charge if people don't show up and we have to, uh, And I don't necessarily disagree with what you're saying, but I don't want the council to start the precedent of getting involved in the details of how you do these things. I think that that's kind of stepping across a boundary. You know, even there's even potential questions on the charter, which says we can't direct staff. We don't have the responsibility nor the ability to direct staff. So I don't know that we want to be the persons who are responsible for approving how you implement something. What we need to do is to agree on the strategic definition of that. And what I'm hearing from the city manager is that this is consistent with what's done in other golf courses within the area. And I would assume that it would be implemented with an appropriate level of discretion. I make a motion that we approve this rate schedule as submitted. Second. All right.

We have a motion and a second. Is there anyone from the public who would like to speak on this? Yes.

So what I'm hearing is that people are making reservation either on the phone, in person, or online. Am I, I don't know if that's how they do it. They have those three ways of making a reservation. Okay, so it seems pretty simple when the people are making the reservation, like Council Member Matthews was mentioning, if they're doing it in person, they get some kind of a written Statement indicating this is what you're reserving. If you fail to cancel ahead of time and are no call, no show, you're going to pay what you were expected to pay. Very simple. I don't think that's controversial. You're doing it on the phone, same thing. If you're no call, no show, you're going to get charged the same. Or if you're doing it online, you know, a statement on the website where the people are doing it online, same thing. No call, no show, you're going to pay anyways. I don't think that's controversial at all. Like Council Member Nunn, I think, mentioned, he doesn't show at the doctor, they're going to charge him. Sometimes they even charge you more. That happened to my daughter. Her co-pay's 70, but if she doesn't show, she has to pay 75. Yeah, that's right. So I don't think there's any controversy, and so far as just people don't show, don't come, don't pay, listen, I live here, and I have to pay what I'm responsible for, and I feel it is inappropriate that people should make a reservation, hold up a spot for somebody else, when the Golf course is depending on the money. That's not right. Thank you.

All right. Thank you, ma'am. Anyone else? Anyone with their hand raised?

No one has raised their hand.

All right. Thank you so much. Public input is closed. Council, how would we like to proceed?

I'll make a motion to approve the... Oh, we already did. So you already have a motion? Yeah, we just got a vote. All right.

Just a vote. No other comments? No. All right. Madam Clerk?

Councilmember Matthews. Yes councilmember Dodd. Yes mayor Jones. Yes Vice mayor McPartland. Yes Councilmember done. Yes motion carries.

All right. Thank you so much. We're gonna move on to item 12 B I'll take it.

Mr. Mayor. All right, mr. Benton So before you all tonight is an agreement between the city of Sebastian in River County School Board for two school resource officers that the Sebastian PD supplies to two of our elementary schools within the area. So we're just requesting you all to approve this interlocal agreement. We have had these in the past. The most recent three-year agreement is expired. In discussions and communication with the school district, our recommendation to them was that we would only do a one-year contract at this time and then we will revisit it after this next year. So before you all, as a one-year contract, and we will revisit it next year with the school district.

Do we do a separate contract with the charter school? Yes. Okay, so they're not in due? Yes, sir. Okay. I move approval, Mr. President, of wherever it is, yeah.

Second. All right, so we have a motion. Second. Is there anyone from the public who would like to speak on this item? All right, seeing none in the audience, how about Zoom?

No one has raised their hand.

All right, thank you so much. Public input is closed. I have one more question. Any other questions or comments from council?

Yeah, one other question. So, Mr. City Manager, I see the expenditure required and reversed. How much is this actually costing the city? What's our cost of having an SRO in the school?

So it's a 50-50 split. So the cost you see before you now is 50% of the total cost of those two officers.

Okay.

So the city then covers the other 50%. We did make an adjustment this year. It includes the salary plus benefits.

Okay.

So we made that change to add benefits in there. Good. And in conjunction with the school district, we're recommending approval.

Okay. Thank you.

All right.

Thank you. Any other questions? Madam Clerk?

Council Member Dodd?

Yes.

Mayor Jones?

Yes.

Vice Mayor McPartland?

Yes.

Council Member Nunn? Yes. Council Member Matthews? Yes. Motion carries.

All right. We're going to move on to Item 12, C is in Charlie.

Yes, sir, Mr. Mayor. I want to take this one as well tonight. You get to hear a lot from me tonight. Um, so, so this resolution is accepting a Florida division of emergency management grant, uh, for a city of Sebastian stormwater master plan update in the amount of $56,520. What I do want to kind of clarify and go through, uh, spend a few minutes on this. So our, our, the city's current stormwater master plan was adopted on December 13th, 2023, to be clear. This project that we're looking at doing here was originally budgeted in FY25 for $95,000 for a canal study to evaluate the feasibility of converting selected portions of the stormwater canal system and see how those would work within the system. At that time, um, I, we, we approached council and asked for permission to submit for a D F D E M grant opportunity that could assist us with funding. So we wouldn't have to expend the full 95,000 in 2025. uh, DEM did not award any grant applicant grants for this, this, uh, application period. They did, however, tell us that we had kind of rated recently decently well, and for us to reapply in 26 when they hopefully had funding for the project. Um, so we reapplied in 2026. We were obviously awarded. That is what's before you all tonight. Um, and the reason this is associated with the stormwater master plan is that in our grant application and discussion, um, for the canal study, it was determined that we needed to have a stormwater master plan component of this. So what will happen is the canal study will be implemented into the stormwater master plan. And they will take a clean look at the stormwater master plan, see how it fits in, and that is how we got to this point. Cost estimates that we had received were approximately $75,000. That's why we were able to apply for the grant. And you'll see now that what we're requesting for the grant application is a 75, $25, 20, 75%, 25% split between the DEM grant and discretionary sales tax, which the funds were previously funded in the amount of 95,000. We're anticipating having to spend about $18,480. If this is approved tonight, we would bring back at a future meeting a, an agreement with a contractor to complete this study. and also implement it into our master plan. And I'm available for any questions.

All right. Thank you so much for that, sir.

I have a question.

Question?

Yes, sir. In the executive summary, it talks about $95,000 to evaluate the feasibility of converting the canal system seawall support channels to earthen embankment systems.

Yes, so part of our canal study was to look at other opportunities in regards to the canals outside of just the seawall replacement because of the cost. So we're going to evaluate that, and that was what was presented in FY25. We were instructed to continue to go forward with the canal study to see what options we had available to us.

Okay, I'm not questioning the grant. There was a 2015 study that was done that was extremely thorough. It talked about the Elkhorn Canal system and what has to be done to that. I think it was 2015. And the consensus of that study, which was done by a qualified engineering firm, was that the impact of going to an earthen embankment was not necessarily a feasible opportunity because of the requirement to deepen the canals. You've got to make it. It's a water flow issue. You can only put so much water in an 8-inch pipe. And so if you want to take part of that 8-inch pipe and cover it with dirt, then you've got to either make a bigger pipe or less water. And the concern was that by creating an earthen embankment over top of those canal walls, there was going to be a requirement to deepen the canals, which creates structural issues with the sidewalls. person who plays with the engineering side of it understands that the deeper the hole is, the more slope there has to be on the sidewall to make the sidewall structurally sound. So I question, personally, without doing a much more thorough engineering study than what you're going to do for $90,000, or going back to that 2015 study and actually bringing it into consideration, the concept of taking those walls and converting them to earthen embankments. I think it's I think there's a great possibility that it is an expedient thing to do because then you can say, I've solved my canal wall problem by covering them with dirt, but it's not an appropriate engineering phase. And we have a great example of that in a $750,000 pipe we had to run behind a street down here. I think it was Gardenia Street. because at the time the city engineer approved embankments that didn't support themselves and caved in. And it created a problem that required that we pipe a whole canal system. Okay, so I question strongly whether we want to tie ourselves to this type of a study. We need to do a more thorough evaluation. We need to go back to that 2015 study, and we need to reevaluate whether there's some merit to what they talked about at that point in time. And we need to look at the options other than limiting ourselves to an embankment option, because that's what it sounds like is being done here. We're saying we want to study an earthen embankment. We're not saying we want to study options. We're only wanting to study an earthen embankment. Once again, I think it's an expedient way for us to say we're trying to solve a problem, and we're not necessarily going to solve the problem this way. So that's my two cents worth. And I'm not going to vote against taking the grant, because we'll take grant money to do anything. But I think that we are not approaching this from an appropriate perspective. My two cents worth. All right. Thank you so much for that, sir.

Anyone else?

Where we are?

Is there anyone from the public who would like to speak on this? Anyone with their hand raised on Zoom?

No one has raised their hand.

All right. Thank you so much. Public input is closed. We'll move on to a motion. How would we like to proceed?

I said my two cents.

I'll make a motion to approve Resolution R26-33.

So we have a motion by Councilmember Nunn. Is there a second?

Second.

And we have a second by Vice Mayor McPartland. All right. Madam Clerk?

Mayor Jones?

Yes.

Vice Mayor McPartland?

Yes.

Councilmember Nunn?

Yes.

Councilmember Matthews? Yes. Council member Dodd.

No.

Motion carries 4-1.

All right. Thank you so much. We're going to move on to item 12D as in Delta. East Coast Railway. Mr. Benton.

Thank you, sir. So this is an item that I know most of you, I believe, were on council. pack. Um, when we had our FY 26 budget workshop, um, this was an item that was brought up at that time that we were, had been notified. It was kind of like the very last minute. It was, uh, I think we got notification a day or so before those budget workshops that FEC would be doing railroad crossing maintenance at barber street and Schumann drive. Um, that railroad, uh, what road work, what rail work, sorry, was done in August of 25 and August and November of 2025. Um, we have kind of gone back and forth with FEC contesting some of the charges, um, that were, that they submitted to us at the time. Um, and we have finally, they they've addressed all of the contested charges or denied our claims. One of the two has finally taken place. And so we're coming to you all now tonight for approval for the expenditure in the amount of $298,612.35. We did have budgeted $90,517 in local option gas tax for railway maintenance. So we would be requesting to use $208,095.35 from discretionary sales tax reserves to complete this purchase or to complete this purchase order for this. Just a reminder, there is a longstanding agreement with FEC that we are responsible for the maintenance of these railroad crossings. They basically give us the right to have the road cross the railroad. In exchange, we are responsible for the maintenance of that roadway. We don't have any say in the maintenance of the crossing. They make the determination of when they need to improve it when they need to maintain it and then they just charge us for it there is a percentage of the charge that comes to us and they cover a small percentage and i know that there was had a discussion with council member earlier in regards to some overtime charges the information that i received was that they were doing a lot of the actual work at night time even though the railroad crossings were closed for full complete days. And that was some of the discussions we had with them. However, it was their project and we had no oversight. So that is kind of how FEC stuck us with these invoices.

Yes, it's pretty interesting that folks don't realize. I mean, just last year we paid about $307,000 for that roadway gray crossing, right? And we're paying again this year, or this is from this year?

Yeah, this is from last year.

But didn't they redo those things not long ago, a couple years ago?

They did them in 2025. This is just now paying the bill.

Oh, okay. All right. Very good. A lot of money. Yeah, it is. A lot of money to go across the railroad track.

That we don't get a choice. I'm disappointed we only budgeted $90,000, but I don't think we ever imagined it would be three times that. Wow.

Yeah. All right. Is there anyone from the public who would like to speak on this item? Anyone on Zoom? Hearing none.

No one has raised their hand.

No one? All right, good. Public input is closed. We're going to go ahead for a motion now on item 12D Delta.

I'll make a motion to approve the consideration for the purchase order for FEC Railroad.

All right, so we have a second by Vice Mayor McPartland.

I feel like we've been railroaded.

We have a motion by Council Member Nunn, seconded by Vice Mayor McPartland. Madam Clerk, roll call.

Vice Mayor McPartland. Yes. Council Member Nunn. Yes. Council Member Matthews. Yes. Council Member Dodd.

Reluctant, yes.

Mayor Jones.

Reluctant, yes.

Motion carries.

We can't even get him to think.

All right. City Attorney Matters, Mr. Stokes.

nothing this evening sir all right uh thank you so much mr benton yes sir i have two two items um the first item is um i need to make you all aware that i know you all are aware because i'd sent out the email and notification to you all that we were under fire watch due to some lightning damage about two weeks ago if i remember correctly here at city hall in the police department we had substantial damage to our fire alarm control panels um and I'm allowed under emergency purchase to exceed the purchasing thresholds. However, I don't have those full numbers yet because they're still trying to assess the complete damage that was taking place. It is going to exceed my authority on a normal circumstance, but it is, does fall underneath the emergency threshold. So I'm just making you all aware that I don't know if it'll be at the next meeting or it may be in that October meeting that we will have an emergency purchase, uh, come to you all for, for approval for in, um, in regards to our fire alarm control panels here at city hall and fire alarm control panel at, um, the police department. little bit of information what happened lightning strike took them both out they were not working at all we had vendors come in they needed to be completely replaced so both panels have to be replaced as luck would have it the panel that we had originally from this building they don't make parts for it anymore and so then take that into all the smaller parts that go throughout the building. They don't make those parts either anymore, and they don't communicate to each other. So our new panels have to have new parts all the way throughout the building, and that's what's taking so long. We've got the panel installed here at City Hall. We're waiting on, and I think we actually do have all the part numbers for the most part here at City Hall in regards to budgeting. However, we're still waiting on the assessment for the police department. They installed the panel yesterday, had some electrical issues with the new panel. So they're back trying to get all that worked out. But I'm just making you all aware of it. Long story short, trying to make you all aware, keep you aware of what's happening with that. We did have some other smaller damage to AV equipment and smaller things that don't reach the threshold to report it. But I'm just kind of being transparent with that to keep you all informed. Second thing, just for the public, Indian River County is doing countywide sewer conversion workshops. I do want to clarify this because I know I've seen some things and heard some things across the community. These discussions are not in regards to connections and conversions for the city of Sebastian in areas that they do not already have sewer lines run. So totaling somewhere around 400 properties in the entire county, I think by my count there might have been 50 or 75 in Sebastian that qualify. Basically what these workshops are doing is telling people there are options if you have sewer available to you. and what the impacts of the 2030 deadline from state statute are. So just want to clarify that. We do anticipate to have the septic to sewer feasibility study from the county presented at the October 14th meeting. So that will give a little information in regards to the feasibility study for septic to sewer conversion in the city. But just want to make it known to the general public. that they have these six workshops, please feel free to attend. It's good information to have. However, don't expect it to be talking about converting, you know, the roughly 10,000 properties that we have in the city of Sebastian that are still on 70 tank. Um, just wanted to clarify that a little bit for people, uh, that are out there in the public. And, um, last thing I'll mention is I don't take lightly a lack of communication. Um, and we'll get that addressed and we'll, we'll do a better job as we go forward. Um, that's something that, that I don't like. So just want to clarify that. Thank y'all.

All right. Thank you so much, sir.

Um, madam clerk, I do have one item. Um, the qualifying period obviously has ended and we had had six candidates, uh, for city council. Those being Todd Clifton Rob Gable Damian Gilliam's Richard Gilmore Sherry Matthews and Deb Schellenberger However, we did have one candidate Drop out last week and that was Todd Clifton.

So now we have five All I have all right, thank you so much council matters, mr. Nunn I

Well, I will take the opportunity to say, as you attend these county workshops, please instill to them how important it is that they work on a plan for Sebastian and its sewer conversion. I know it's not going to be a part of the discussion, but please tell them how important it is that they work on that plan and get moving forward with it.

All right. Thank you so much. Is that it for you, sir? Yes, sir. Mr. Dodd. Nothing. Thank you. All right. Thank you so much. Ms. Matthews.

I just want to thank the city manager for stepping up and always, always stepping up. I thank you. And I want to also thank Alex and her team because there is a lot of work that goes into this, and it's every day. It's all day, every day, and there's a lot of work, and I understand that. And for all the employees of the city that do this, they step up, and I appreciate every one of you. Also, I do appreciate those folks that showed up tonight that want to speak. They want to say that they're never heard, but we're here to listen. You just have to get here to listen or show up by phone or do something. But you are appreciated, and I thank you for everything that you guys do.

All right. Thank you so much. Mr. McPartland.

No, sir.

All right, thank you. And I only have one thing for everyone out there that want to come down. Patriot's Day ceremony is Friday morning at 8.30 at Riverview Park. I will be there and I hope other council members will attend. I will also be doing a proclamation and a speech that morning, Friday morning for Patriot's Day. So please come out and join us for Patriot's Day on Friday, this Friday coming at 8.30 a.m. at Riverview Park. And we are adjourned.