State puts Sebastian on notice over non-compliant Working Waterfront

SEBASTIAN — The City of Sebastian has one month to come up with a plan to address concerns from the state regarding its Working Waterfront project on Indian River Drive, or face possible sanctions. The state sent a letter this week to the city putting it on notice the project is not in compliance.

Nearly 100 residents and business owners filed into Sebastian City Hall Wednesday night to discuss the Fisherman’s Landing Sebastian working waterfront project. Many wore yellow shirts in support of the commercial endeavors at the site, including a fish market, a restaurant, a beer and wine bar, and live musical entertainment.

According to the Florida Department of Environmental Protection, only the fish market is in compliance with the Stan Mayfield Working Waterfront Grant the state awarded Sebastian to make a go of the project.

The restaurant was to be “limited food service” and a bar and live music had not been considered part of the project.

Another issue raised by the state was the city’s approval of leases and subleases at the former Hurricane Harbor property without the Florida Communities Trust’s review.

“Frankly, that is my error,” City Manager Al Minner told the Sebastian City Council, explaining that it had been an administrative oversight on his part getting the leases to Tallahassee for review. “I will make no excuses for that.”

As it is, the Florida Communities Trust’s legal counsel is now reviewing the subleases between Fisherman’s Landing Sebastian and Crab-E Bill’s Fish Market and the sub-sublease between Crab-E Bill’s and the McManus family, who is running the restaurant portion of the site.

“It appears some minor changes are needed,” Clay Smallwood, director of the Division of State Lands, wrote to City Manager Minner.

“Someone is going to get hurt financially on this,” Councilman Eugene Wolff said of making changes to the working waterfront project. “I feel bad about that.”

Restaurant owner Debbie McManus approached the City Council during the discussion, telling them that her family will suffer as a result of any scaling back of the restaurant. She said they have invested $100,000 in their area.

“I do feel there was some cover up,” McManus said, explaining that they had not been informed of the restrictions on the eatery and that no one from the city stopped them from doing what they did with upgrading the kitchen.

“I have been battered right and left,” she said, adding that despite all the issues, she hopes to work out an agreement with the city that works for everyone.

Councilwoman Andrea Coy provided clarity on what was and was not allowed at the working waterfront project by showing clips of a Planning and Zoning Board meeting from earlier in the year. During that meeting, then-Growth Management Director Rebecca Grohall told the Planning and Zoning Board that it would not have a “traditional” restaurant, but that its kitchen would be mostly coolers and a little cooking.

Fisherman’s Landing Sebastian attorney Rich Stringer told the P&Z Board at the meeting that it would be more like a kiosk food stand similar to what is seen at the mall – a small area for food with common space surrounding it.

McManus told the City Council that, after watching the clip, she better understands what is allowed – but it had not been communicated to her upfront. She added that if her restaurant had to be curtailed to fit what had been described – what she called a “concession stand” – her business would fail.

John Campbell, a representative of the Sebastian Tax Payer Alliance, told the City Council that, while the business community is concerned about the working waterfront project, the group wants to be sure it meets the city’s management plan and is done right.

“You have our full support,” Campbell said.

Despite the debate and concerns regarding the compliance of the project, Mayor Jim Hill expressed optimism that all would be resolved.

“I’m not going to lose enthusiasm over a bump in the road,” he said, later describing the compliance issue as a “minor, little bump in the road.”

Hill told the council that it is up to the city’s staff to come up with a plan to present to the state that addresses its concerns and that, hopefully, the plan will be acceptable to the tenants.

“I believe we can do that,” Hill said.

Vice Mayor Don Wright agreed, reminding the council that there are two City Council meetings scheduled for October, ahead of the 30-day deadline, which should give staff time to craft a plan and present to council for review.

“I don’t think we need to panic on this,” he said.

The issue is expected to be brought back to the Sebastian City Council at the Oct. 12 meeting. With a 4-1 vote, staff was directed to draft a plan in collaboration with the tenants at Fisherman’s Landing Sebastian and report back by the first October meeting.

Councilman Richard Gillmor was the lone dissenting vote. He expressed concern that two week’s time would not be enough for staff and the tenants to reach agreement or consensus.

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