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12151999
ACTION I~$_T THE FOLLOVV];NG ];5 A L];ST OF AC'I'~ON5 TAKEN AND/OR b];RECT'£ON5 G];VEN AT THE 12/15/99 REGULAR MEE3-rNG All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup material put in chronological order and placed in clips within the file City A4anager, CHy Attorney, Po~chasing and all other department heads get a full set of draft minutes, and are responsible for copyin9 whateve4' i$ pertine~t to their departments. We will continue to p/ace cop/es o£ individual minutes pages in backup 99.239 Finance Director ¥2K Update Presentation - presentation Approval of Minutes - 12/1/99 Regular Meeting - approved sign, seal - place in book with any designated backup 99.194 Pg~i¢¢ Pension Board of_ T~lstees - Ministerial Appointmert~ Of A£~"Rappy' Perez, ,Tr. C],U as Fifth Member Clef, ted by Board in Accordance with 5action §$-5! of the Code of Ordinances - TWo Year Term t~ tO/L/~O0! - appointed copy minutes to file letter to Mr. Perez w/appropriate backup - copy to board update board handbook - distribute index expiration date !0/!/2001 99.224 Ordinance No. 0-99-3~ - police Retirement 5ystem - adopted obtain on disk from CiW Al~orney print on bond sign, seal - copy to file, counter, Police Dept., Pension Board, Finance, Human Resources e-mail to Municipal Code Corp. - note adoption date blue back original - file vault - 99 OR];G ORb update board handbook????? - distribute pages file backup in vault - 99 ORb BACKUP update \wp-ord\o-99 99.240 Con_$ide~_T~orn Collins RequeSt for W~iY~ Q~ 5egtioJ~l.s_ 20A-19.8.C.(2) (Maximum Height) and 20A-!9.8.;~/.C) (Freestanding 5ignage) for Key West ];nn Signs within Riverfront Overlay District - ~ejected copy minutes to file leper to Collins - copy to file. GMD, P & Z file vault - GROWTH MANAGEMENT - start accordion - Riverfront Dis~ict Waiver Requests 99.11~- Consid¢~ ~dQption of Resolution No, R-~-61'- Amendment to Residential Preliminary Plat for Rear Setbacks for Sebastian Lakes PIoJql2ed Unit Development - adopted copy minutes to file letter to 5ebn~tian Lakes sign, seal - copy to file, counter, C~MD, P & Z, Engineering blue back original - file vault - 99 OR~;G RE5 - note amendment to R-98-35 on top of blueback file backup in vault - PUDS/SUBD[V[5ION5 - Sebastian Lakes note location of backup file on paper filed in resolution backup note amending R-99-6! on top of R-98-35 blue back update \wp-res\r-99 ~s to adopted date 99.007 Conslruction Board - ~nte~'view. Unless Waived, ~cl Appoint ApplicR~? to Regular Member Position Term to Expire 9/30/?-002 - ~lbeaith appointed copy minutes to file letter to Galbraith with appropriate backup update board handbook - distribute 99.089 Tree Advisory Board 1. Accept Resig~?i~tl ~ ¥irginia ~or'd~ - accepted letter to ~ordon - copy to board place certificate on upcoming agenda copy minutes to file amend handbook pages - distribute advertise 2. Remove Charles Roth and Danne Herlan from Board for Ab~¢.tlteeism in Accord_ajqce with 5action 2-173 Code of Ordinances - eemoved leHers to Roth and Herlan copy minutes to file amend handbook pages - distribute advertise ~ Interview. Unless Waived. and Fill Thef(~LlQwing Regular Member Vacant ?Q~i~Lo_ns a. Regular Member Vacated by Fielding Term to Expire 4/2-00! - Ann Dann Appointed b. Regular Member Vacated by Gordon Term to Expire 4/2-001 - Ruth Davies Appointed c. Regular Member Vacated by Roth Term to Expire 1~/2-000 - Lynn Album/Appointed letters to all appointees w/appropriate backup - copy to board copy minutes to file amend handbook pages - distribute 2 99.241 99.145 99.242 99.188 99.228 Waive Competitive Bid Procedures and Apprgve and Avthorize Exaction of Purchase Order with Randall Tedder Construction, Itl~;,.foe $74,900 for Yacht Club I~oot Ramp Repairs - waived and approved conditioned upon Tedder obtaining p~oper city certification copy minutes to file Jean will handle administration of any contracts when bid file returned - file vault - FINANCE - 99 Bids/Purchases when signed conl~act returned - create new file and file vault - AGREEMEIXJT5 - Misc. add to \wp-files\agreemen.wpd Approve Change Order #2 with Felix Equities for Barber Sl~eet 5ports Compl~ $it~_ Developmel~t ia the Am0~t of ~[5~10.33 - appeoved copy minutes to file ~Tean will handle signature of change orders when one original change order returned - file vault - AGREEMENTS - Miscellaneous - Felix Equities update \wp-files\agreemen.wpd - Misc.- Felix Presentation by C.N. Kirtle of C.N,K. Inc. Re: Proposed Land Use Change fo~ Lots 16. 27 end 28. Fleming Grant, Section 30 - From LOW Density to Indus?riel - City Council in favor of ~lUeSt copy minutes to file file pending credenza Status Report on_R~v_ise~Land ~velopment Code and Tentative Adoption Schedule - p~esentation of rspor~ and distribution of seve~l chapters fo~ council ~eview copy minutes to file file pending credenza Resolution No. R-~9-60 -J~?ablishil~g City of 5ebastio0 75th Anniversary ~mmit-tee - adopted - City Council men&em to submit one name each - appointees should fill out application for file - City Clerk to advertise for two at-large members advertise for 2 at-large - close out submission by ,Tanuary 3 memo to Council - have appointees submit applications by ~Tanuary 3 for ]anuary 12 agenda formal appointments sign, seal - copy to file, counter blue back original - file vault - 99 ORTG RES file backup in vault - BOARbS/COMMII--FEE5 - Anniversary Commi~ee add page to end of book and reference it in the index - names of members to be filled in following appointment update \wp-res\r-99 as to adopted date 99.~43 99.244 ~R_uthoriz¢ ~taff to Seek FAA Concurrence for Sublease of ]~ncidental Portion of Golf Course~ Prolaert¥ for ~torage and 5ortin~ Site - eppeoved copy minutes to file file pending credenza Authorize City Manager to Execute Contract with Kimley-Horn and As~gciates. Inc. for the Design of Schumann Drive Reconstruction in or~ ~mount Not tQ Exceed :$ I~,,gQQ - approved copy minutes to file ~Tean will handle administration of contract when signed contract returned - create new file and file vault ' AGREEMENTS - Misc. add to \wp-files\ogreemen.wpd 4 2. 3. 4. C~LTY COUNCIL MZNUTE$ RE6ULAR MEET~N~ WEDNESDAY, DECEMBER ~.5, 1999 - 7:00 P.M. CETY COUNCIL CHAMBER.S t-225 MATN STREET, SEBAST~ANo FLOI~UA Mayor Neube~ge~ called the Regular Meeting to orde~ at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Police Chaplain Frank Camilla. ROLL City Council Present: Mayor Chuck Neube~ge~ Mr. ~oe Barczyk Mr. Welte~ Barnes Mr. Ben A. Bishop Mr. Edward ]. Majche~, ~Tr. 5?afl present: City Manage~, Terrence Moore City Attorney, Rich 51~inge~ City Clerk, Kath~yn O'Halloran Finance Director, Mark Mason ~owth Manogem~? ~ir~tor, Tra~ Hess Public W~ bi~ecto~, T~ Hill Ci~ Engi~, Ma~tha Campbell bepu~ Ci~ Cl~k, 5ally Maio Regular City Council Meeting becembe~ 15, 1999 Page Two AOENbA MObZFZCAT'J:ON$ CAbbTFION$ ANb/OR bELE'I-ZON$) not on the milton a~nda may be added only upon a maJority vote of City Council 99.239 PROCLAMATION$~ ANNOUbI¢~MENT$ ~ND/OR PRESENTAT~QN$ A. Finance Director ¥2K The Finance Director gave City Council a brief update on the City's ¥21( preparedness. 10. B. Mr. Majcher C. Mayor Neuberger Mr. Barczyk Mr. Barnes 99.194 ¢ON~I,,IT A~k'NDA All itms on the can~.nt a~nda at~ can~id~l ~outin~ ~ will be ~ted by ~ moti~, th~ will b~ ~ amte di~mi~ A. Approval of Minutes - 12/1/99 Regular Meeting Police Pension Board of Trustees - Ministerial Appointment of A.L. 'Rappy' Perez, .Tr. CLU as Fifth Member Elected by Board in Accordance with Section §8-§1 of the Code of Ordinances - Two Year Term to 10/1/2001 (Cily Clerk Tronsmil-tol 12/7/99) The Cily Manager read the consent agenda. MO3-tOIq by move to approve the consent agenda. 12. 99.224 PUBLIC. HEAP~N~ P~oc~due~ £oe public hea~eing~: * ~ O~ ~9 Atto~y R~s ~ oe ~1~ ~taff ~tati~ 5ta~ ~mmoti~ * ~ Clam * C~il Acti~ An~ Wis~9 to ~ foe the R~o~ Ordinance No~O-99-38 - PgJi~e Retirement System (City A_~torney Transmi~ 1218199. O-99-38~ AN C~DINANQ~ OF THE C~TY OF SEBAS'I'IAN, INDIAN P. IV~R COUNTY, FLOP..T. DA, AMENDING CoDE CHAPTER 58, ARTICLE TII, POLTCE OFFICERS' RETIREMENT 5¥5TEM; PROVZDTNG FOR CONFL.TCT$; PROVIDING FOR SEVERABILTTY; PROVIDING FOR AN EFFECTIVI5 DALE. (First Reading 11117199, Legal Ad 1211/99) Mayor Neubeegee opened the public hearing at and the City Attorney read Ordinance No. O- 99-38 by title. Mayor Neubeegee closed the public hearing at MO3-~ON by I move to approve Ordinance No. O-99-38. 99.~40 PUI~LEC HEAI~NG~ Pt'ocedu~ for C~ua~i-.judici~/ I./eat'in.¢~ Ate or~ 8ack Consider Tom Collins Request for Woive~ of 5actions 20A-19.1~,CJ~aximum Height) a~! ~0A-19.8.~(C) (Freestanding 5ignoge) ~o~ I(ey West ~nn $ig~s ~ithin ~Jve~front OveHoy bisl~ict (~owth Marlggemerjt Tr~r0il~j [~/6/99. Staff 5ummary_gnd Recommendation, 12/2/99 P & Z Minutes Excerpt. Collins Let~er~ Mayor Neube~ge~ opened the quasi-judicial hearing at Applicant ?? presented his request to Council. MOT[ON by I move to .......... 1. Sign along U.S. Highway ! to be constructed at an aviall height of 13'3", which exceeds the 10' maximum allowed within the Rive~front District with base of said s'ign being 4', which exceeds the 2' maximum allowed in the Riverfront District. 2. Sign along Indian Rive~ brive to be constructed at on overall height of 11', which exceeds the 10' maximum allowed within the P. iverfront District with base of said sign being 3'6", which exceeds the ;~' maximum allowed in the P, ive~front District. 3. Wall signoge to be constructed at an overall height of 6', which exceeds the 4' maximum established in the Rive~front bistrict. Conside~ Adoption of Resolution No. R-99-6~, - Amendl:nent to Residential ?zelimina~ PJat for Rear Setbacks for Sebastian Lakes Planned Unit bevelQp~¢nt_[Growth Man~ement Transmittal 12/6/99, 5toff 5umma~y end Recommendation. 12/2/99 P & Z Minutes Excerpt, ~HO Homes. Inc. Lette~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN I~VER COUNTY, FLOI~DA, AMENDIN~ PREi.TJgL~NAR¥ DEVELOPMENT PLAN FOR 5EBAS'I'-~AN LAKES PUD PHASE I TO MODIFY REAR YARD SETBACK ¢ONDII-~ON~ PROV~DIN~ FOR CONFITC?; PROV~DIN~ FOR EFFECTIVE DATE. Mayor Neube~ge~ opened the quasi-judicial hearing at Applicant?? MOTION by I move to adopt Resolution I~1o. R-99-6! approving a modification of the Preliminary Plat for Sebastian Lakes PUD to reduce rear setbacks from 30' to 2§'. ZNTRObUC'1'ZON OF NEW BUSZNE55 FROM THIE PUBL.Z¢ -Tt~m that boa occon~d or waa di~cove, ee.d within the pr~viou~ six montha which ia not otherwi~ on the agenda - sign-up r~quJr~d- limit of tern minote.~ £o~' ~h al~oke4* 15. ~O~EE REPORT$/RE¢OMMEN~)ATIOI',JCd 99.007 l~ons'muction Boerd CCLty. Clerk Transmil~gL 12/1/99. One Applicgtigl~. Member LJ~. 1. ]:ntevview, Unless Waived, and Appoint Applicant to P. egular Member Position Te~m to Expire 9/30/:~002 99.089 Tree Advisory Board (City ClerkTransmi~ta112/7/fa9_Gardon Resigoation. Tree Board Tronsmi~al, Minutes, Section 2-173, Thr~e Applicotion~. Board List) 1. Accept Resignation of Virginia Gordon 2. Remove Charles Roth and Donne Herlon from Board for Absenteeism in Accordance with Section 2-173 Code of Ordinances 3. ]:nterview, Unless Waived, and Fill The Following Regular Member Vacant Positions a. Regular Member Vacated by Fielding Term to Expire 4/200! b. Regular Member Vacated by Gordon Term to Expire 4/200! c. Regular Member Vacated by Roth Term to Expire 1!/2000 Applicants Lynn Albury and Ruth Davies were not in attendance. MOTION by T move to accept the resignation of Virginia Gordon. MOTION by ]: move to remove Charles Roth and Donne Herlan from the Board of Adjustment for Absenteeism in Accordance with Section 2-!73 Code of Ordinances MOT[ON by ]~ move to appoint ??? to the regular member position vacated by Fielding term to expire 4/200!. MOTION by ]: move to appoint ~>? to the regular member position vacated by Gordon tarm to expire 4/2001. MOTION by T move to appoint ?? to the regular member position vacated by Roth term to expire 11/2000. 16. OLD BUSINESS - None 17. NEW_ BUSINESS 99.241 Waive Competitive Bid Procedures and Approve and Au?h~rizcE~ecution of Purchase Order with_Rancloll Tedder C~Iruction, Ipc. for $74~000 for Yacht Club Bog? R~Otp Repairs (E~ngJneering Transmittal 12/8/c)9) MOTION by I move to waive competitive bid procedures, and authorize staff to enter into and execute a purchase order with Randall Tedder Construction, Inc. for $74,900 for Yacht Club Ramp repairs. 99.145 Approy", .Ebbing", Order #2 with Felix Equities f,~r' B~ber 51~eet 51~orts Cgmplex Sit.. I~",~elgl~meot in th", Amount of ~i 15.910.33 (E~gineering Transmittal 12/7/99, Change~Order MOTZON by move to approve Change Order #2 with Felix Equities for the B55C5 Site bevelopment Contract in the amount of ~i 15,910.33 99.242 Present~LQn. Jpy C.N. Kirrie of F,,~,K, ]:nc. Re: Proposed Lm~d Use Change, fg~' I, ots 16, 2Z and 28. Fleming ~ont. 5action 30 - Frgm Low l~,rj~il¥ to ]:ndusl~ial C~rowth M_an~;Lgej~e~lt Director Transmittal 12/6/99, Staff 5ummory_CiJ:y Manager MemQ~l(irrie Letter. Map) CITY COUNCIL MEETING DATE: ITEM NO. ~t~, ~,// MOTION SECOND X~u..~.~ ROLL CALL1 Mayor Neubcrger Mr. Barczyk Mr. Barnes Mr. Bishop Mr. gajcher ITEM NO. ROLL CALL 2 Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger MOTION SECOND ITEM NO. ROLL CALL 3 Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk MOTION SECOND iTEM NO. ROLL CALL 4 Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes MOTION SECOND ITEM NO. ROLL CALL Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop MOTION SECOND CITY COUNCIL MEETING DATE: ITEM NO. MOTION ROLL CALL 1 C 0 tv% ~ SECOND Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher ITEM NO. ROLL CALL Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger MOTION SECOND ITEM NO. c~_. 5,70 ROLL CALL 3 Mr. Barnes Mr. Bishop Mr. Majcher ~/ .... Mayor Neuberger d Mr. Barczyk MOTION ~~ SECOND ITEM NO. q~.//'Z. ROLL CALL 4 Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes ITEM NO. ~, ROLL CALL Mr. Majcher Mayor Neuberger Mr. Barczyk ~,//. Mr. Barnes t// Mr. Bishop / MOTION CITY COUNCIL MEETING DATE: iTEM NO. I~OLL CALL Mayor Neuberger Mr. Barczyk ~/ Mr. Barnes -/ Mr. Bishop / Mr. Majcher// MOTION SECOND , .~ ITEM NO. ROLL CALL Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger~ MOTION SECOND ITEM NO. ROLL CALL 3 Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk MOTION/~~ ITEM NO. ROLL CALL 4 Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes MOTION SECOND ITEM NO. ROLL CALL Mr. Majcher Mayor Neuberger Mr. Barczyk /// Mr. Barnes ~ Mr. Bishop ~" MOTION SECOND CITY COUNCIL MEETING DATE: ROLL CALL 1 Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher SECOND iTEM NO. ROLL CALL Mr. Barczyk Mr. Barnes Mr. Bishop Mr. majcher Mayor Neuberger MOTION SECOND ITEM NO. ROLL CALL 3 Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk MOTION SECOND ITEM NO. ROLL CALL 4 Mr. Bishop Mr. Majcher Mayor Ncuberger Mr. Barczyk Mr. Barnes MOTION SECOND ITEM NO. ROLL CALL 5 Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop MOTION SECOND 99.188 Status Repor~ on Revised Lela~l ~)~lopment Code and TentativeAdoption Schedule (G~wth b~n~gement Transmittal 12/7/99. Staff Summary. Articles ~ through V~ of Revised 99.228 Resolutiorl N~, B-c).~-60 - Establishing City_gl Sebastian 7~t~ArtoLye~sa~ Commil~ce (tit7 ~an~e~ Transmil-Z~ ~2_/7/99. R-99-60] A RESOLUTZON OF THE C~TY OF 5EBAST~ANI, ][NDTAN RZV~R COUNTY, FLOI~DA, CREAT~NIG A C~TV OF SEBASTIAN 75TH ANNIVERSARY COMJVL~TT~E; PROV][DIN~ I~OI~ REPEAl. OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN C~F~CT HERE~; AND PRO~DI~ FOR AN EFFE~ MOTZON by move to adopt Resolution No. R-99-60. 99.243 Authorize 5toff to Seek FAA Concurrence for 5ubleos¢ of ]:ncident~l P_Qction of Golf_ Course Property for Storage ond 5orting Site (City A~orney Tronsmi~o112/cp/99. MOT[ON by T move to authorize staff to request FAA concurrence for sublease of incidental portion of Golf Course property for steroge ond sorting site. 99.244 Authoriz~ City Monage~ tO ~e~vt.e Cg~t~ct with Ki~oley-Horn g~d.Associates, Inc, for thq_ beaign of Schumann Drive Reconstruction in a~Amount Not to Exceed ~;1§.900 (Engineering Transmittal 12/7/99~ MO~-~ON by I move to authorize the City Manoge~ to execute a contract with Kimley-Horn and Associates, Inc. for the design of Schumann Drive Reconstruction in the amount not to exceed $15.9oo. Al~k~OU~Jq (All meetings shall adjoun~ at 10:3o p.m. unle.~ extended for up ~o one half hour by o majority vote CZT~ COUN~L I A6ENDA REGULAR MEETIN~ WEDNESDAY, DECEMBER !5, 1999 - 7:00 P.M. C'[TY COUNCZL CHAMBER.5 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL A~ENDA Z~E~-~ /HAY BE INSPEc-rED IN THE OF~-ZdE OF THE ~ ~di~d~ls will add~ ~g ~ ~cil wi~ ~pect ~ ag~da it~ immdiately befor~ delibe~h~n ~cil- /imit of t~ mimt~ p~ ~k~ 1. CA~ TO ORD~ 2. PLED6E OF A~EG[ANCE ZNVOtATION - Police Chaplain F~nk Eamillo ROLL CALL A~ENDA MOD/F]:C:~'I-J:ON$ (.ADDTT'~Obl,5__AND/OP~ DELE'I'~ON$) J~tems not on the w~iffen agenda m~y b~ added only upon a majority vot~ o£ O'ty Council m~nbcr~ (R-~P-3I) PROCt,,A~LA.T'J:ONS. ANNOUNCEb~ENTS AND/OR PRESENT AT'~ONS 99.239 I A. Finance Director Y2K Updote Presentation (Transmil-to112/9/99) ~ A~'L-r_QRHEY MA'[]'ERS CITY MANAE, ER, MA3-rF_~S CITY CLERK NLA..'I-T'ER$ MATTERS A. Mr. Bishop B. Mr. Majcher C, Mayor Neuberger b. Mr. Barczyk E. Mr. Borne~ 3-12 99.194 13 99.224 15-35 99.240 37-50 99.112 51-73 11. 12. 13. 14. CON.~.E-'NT AGENDA All items on the con~nt agenda are con, druid rautin~ ~ will be ~ted by one moti~. Th~ will be ~ ~te d~ of ~ ~ it~ ~ a m~ of ~ ~il ~ ~s; in which e~t, the it~ will b~ ~o~ ~ ~tM A. Approval of Minutes - 12/1/99 Regular Meeting Police Pension Board of Tru~e_< - Ministerial Appointment of A.L. 'P-appy" Pe~ez, ~Tr. CLU as Fifth Membe~ Elected by Boa~d in Accordance with Section 58-5! of the Code of Ordinances - Two Yea~ Te~m to !0/!/200! (City Clerk Transmittal 12/7/99) PUBL3:C HEAI~bI~ l~*ocgdur~s fro- public he. aein~s: (Q-99-21) · M~r O~ ~in9 St~ff · ~li~ ~t * Limit of T~ ~[~t~ · ~ ~ H~in9 An~ ~h~9 to S~ ia Aaked to 5i~ Up ~fo~ the ~ting, ~h~ Cai/ed go to th~ Podium ~d State Mis or'H~ Name for the R~co~ Ao Ordirl~t~;¢ No. O-99-38 - Police Retirement System CC~ity A~orney Trcnsmitta112/8/99. 0-99-38] AN ORDINANdE OF THE C~T~ OF SEBASTIAN, INDIAN ~IV~R COUNTY, FLO~DA, AMENDIN~ CODE ~AP~R 58, AR~E III, PO~ OF~CERS' RE~REMENT 5YS~M; PRO~DIN~ FOR CONF~CTS; PRO~DIN~ FOR 5E~RASI~: ~O~DIN~ FOR AN EFFEC~ DA~. (Fir~ ~eading ll117199j.Legal Ad 12/1/99) PUBL3:C HEAI:~N~:5 (QUAST-d-UDICZAL) Proce~un,-.¢ foe C~mai-dudicial Hear'ing-e Are ~ Bock of Age. ada ¢onside~ Tom Collins Request for Woivee of Sections 20A-19.8.C.(2) (Maximum Height) and 20A-19.8.2(C) (Freestanding 5ignage) for Key West ]:nn Signs within Rive~front Ove~ley I)istHct (G~owth Management Transmittal !2/6/99, 5t~ff Summon/and Recommendation, !2/2/99 P & Z Minutes Excerpt, Collins Lette~) Conside~ Adoption of R~olution No. R-99-61 - Amendment to Residential Prelim!narT Plat for Rear Setbacks for Sebastian Lakes Planned Unit Development (C~rowth Management Transmittal 12/6/99, 5toff Summon/and Recommendation, 12/2/99 P & Z Minutes Excerpt, GNa Homes, 1:nc. Lette~) A RESOLUTION OF THE CITY OF 5EEASTZAN, INDIAN RIVER COUNTY, FLORIDA, AMENDINC= PRELIMINARY DEVELOPMENT PLAN FOI~ SEBASTIAN LAKE5 PUD) PHASE I TO MOD)IFY P, EAR YARD SETBACK CQND)ITZON; PROVID]:N6 FOR CONFLZCT; PROVZDIN~ FQI~ EFFECTJ:VE DATE. 3:N']'p, OOUCT~ON OF NEW BUSTNE."$$ FRO~ THE PUBLTC item that has occurred or was di~:overed within the previous six months which is not otherwise un the agenda - s/Eh-up required- limit of te~ minutes for each speaker 2 i I I I I i I I I I I I I I I I 15. ¢OM~,~--I~EE RETBORT$/RECOMMI?jqDATION$ 99.007 75-81 99.089 8.9-95 16. 17. 99.241 97 99,14§ 99-i01 99.242 102-107 99,188 109-111 99.228 113-116 99.243 117-121 99.244 123 Co, r~l~ctian Board (City Clerk_Transmittal 1217/99. One ApplicatJon. Member List. Ad) 1. interview, Unless Waived, and Appoint Applicant to Regular Membem Position Term to Expire 9/30/2002 Tr~_Ad~i~ol~ Board (City Clerk Transmittal 12/7/99, Gordon Resignation. Tree Board T~osmi~.~nut~. 5ec~on 2-173. Thr~ Applications. Bo~rd Li~ 1. Accept R~ignation of Virginia ~rdon 2. Remo~ Ch~l~ Roth ~d Donne H~lan from Board for Abs~t~ism in Accordance with Section 2-173 Code of Ordinenc~ 3. ~nt~view, Units Waived, ~nd Fill The Following R~ulor Memb~ Vacant Positions a. R~ul~ Memb~ Vacated by Fielding T~m to Expire 4/2001 b. R~ul~ Memb~ Vacated by Gordon T~m ?o Expire 4/2001 c. R~ular Memb~ Vacated by Roth T~m ?o Expire 11/2000 OLD J~U$INE$$ - None NEW BUSINESS Waive Competitive Bid Procedures and Approve and Authorize Execution of Purchc~e Order with Randall Tedder Cons?ruction, Inc. for $74,900 for Yacht Club Boat Ramp Repairs (Engineering Transmittal 12/8/99) Approve Change Order #2 with Felix Equities for Barber Street Sports Complex Site Development in the Amount of $15,910.33 (Engineering Transmittal 12/7/99, Change Order 2) Presentation by C.N. Kirrie of C.N.K, Inc. P-e: Proposed Land Use Change for Lots 16, 27 and 2B, Fleming Grant, Section 30 - From Low Density to industrial (Growth Management Director Transmittal 12/6/99, Staff Summary, City Managem Memo, Kirrie Letter, Map) Status Report on Revised Land Development Code and Tentative Adoption Schedule (Growth Management Transmittal 12/7/99, Staff Summary, Articles i through V~ of Revised LbC) Resolution No. 1~-99-60 - Establishing City of Sebastian 7§th Anniversary Committee (City Manager Transmittal 12/7/99, R-99-60) A I~E$OLU1-ZON OF ?HE OIlY OF SEBASTIAN, INDIAN I~V~ COUNTY, FLO~DA, CREA~N~ A ~ OF SEBAS~AN 75~. ANNI~RSARY CO~E; PRO~bING FOR EEPEAL OF EESOLU~ONS O~ PARTS OF RESOLU~ON5 IN CON~CT HE~E~: AND PRO~DIN~ FOR AN EFFEC~ DA~. Authorize 5toff to Seek FAA Concurrence for Sublease of incidental Portion of Golf Course Property for 5forage and 5orting 5itc (City Attorney Trnnsmil-ta112/9/99, R-86-4A) Authorize City Manager to Execute Contract with Kimley-Horn and Associates, inc. for the Design of Schumann Drive Reconstruction in an Amount Not to Exceed $1§,900 (Engineering Transmi~ol 12/7/99) 18. ANY PERSON WHO D6~TDES TO APPEAL ANY DE~SZON NIADE BY THE ~TY dOUNCZL ~TH R~SPECT TO ANY ~A CONSZbEREO A T T~5 ~E~ (OR HEA~ ~ NEED A R~CORb OF THE PROCEEDZ~5 AND ~A Y NEED TO ~NSUR~ THA T A V~RBA ~ R~CORD OF TH~ PROCEEDZ~S IS ~AO~ W~CH R~CORD Z~UO~5 ~E TES~ONY ANO E~DE~ UPON ~CH ~E APPEAL Z5 TO BE HEARD. (286.0105 ~) IN COtAPfiIANCE II/ITH THE A&IERICAN$ ~'iTH DZSA~5 ACT (ADA}, ANYONE WHO NEEDS A 5PE~AL ACCO~ODA ~ON FOR T~5 ~EE~ SHOULD CONTA~ ~E ~S ADA COORDZNA TOR A T 589-~330 A T LEAST 48 Upcomir~ ~¢etir~$: · Workshop (~nforcement of Ordinances) - Wednesday, 1/5/2000 - 7pm · Regular ~eetifl9 - Wedn~day, 1/12/2000- 7pm · Regular ~eetin9 - Wedn~day, 1/26/Z000- 7pm PROCI~DURE~$ FOR Q~UA$'t-d'IJDTC~AL HF. Ag~TNG$ 7N ACCORDANCE WITH RE$OLL/T:TON NO. R-99-12 A. 5wearing of witnesses. Any per~on presenting focal infor~on to ~e ~ibunal during ~e h~ring shall be ~e ad~ni~n of ~e ~th o~ allied,on shall be done by ~e Clerk of ~e TAbunal on the ~eco~d at the ~me ~e person ~ ~e ~dium. Ci~z~s wishing to me~ely e~r~s ~ opinion in f~vor o~ opposi~on ~ the ~e~ at h~d, ~d agars of ~e applicant (such ~ ~ a~o~ey) merely advoca~ng ~e ~pplic~t's pasi~on, nead not be s~. B. Ad~ssJbiji~ o~ E~d~e. ~ ~ A~o~, upon ~ ob~ ~ised o~ upon his o~ accord, shall determine evid~e ~ht ~ be pre,ted is i~dmissible. ~is determi~on ~ be ove~-~led by a ~o~i~ of ~e THbunal upon a ~on by ~ ~ ~f. ~se, ~e ~idi~ Offi~ of ~e TH~ ~11 for ~ record receive ~y evid~ce pre,ted ~d ~e ~me shall be ~intained in ~e curdy of ~e ~ Clerk. C. ~me Limita~ons. The ~aditio~l p~c~c~ af ~e ~air ~ pr~iding over ~e s~o~ conduct of ~e h~ring, encouraging precise ~d relev~t pr~tations, shall p~vide guid~ce ~ ~ limita~ons on the I~g~ of pre,talons ~d ~m~ of ~. ~w~, ~ ~p~p~ta, ~e Tribu~l by ~jori~ ~ta ~ set limits on ~e I~g~ of pres~ta~ons ~d number of wi~s~ on a c~e-by<~e ~is. b. Disclosure of ~-Pa~e ~m~nicoflon. At ~e ~ ~e ~idin9 Officer op~s ~e h~ring, members of Tribu~l shall disclose ~-~e com~i~fio~ in accord~ce wi~ law. O~der of Pre~ntcrtian. A~er the Presiding Off'~er opens the hexing, the mal~er shall proceed in the followin9 order: 2. 3. 4. 5. 6. 7. 9. The applicant or his agent shall make a presentation in favor of the request. The staff shall present its findings and analysis. The Tribunal sh~ll ask questions of the applicant and staff as it sees fit. The floor shall be opened to anyone in favor of the request who wishe= to speak or a~k questions. The floor shall be opened to anyone opposed to the request who wishes to speak or ask questions. The applicant is provided an opportunity to respond to any of the issues ~aised by staff or the public. Staff is provided an opportunity to summarize its position. The Tribunal deliberotes the request, asking such questions as it sees fit. The Presiding Officer then entertains a rn~tion and the Tribunal acts. Section 2. APPLZCATY. ON, bur to the evolvin9 nature of this area of the law, these procedures shall be utilized in the conduct of hearings on ma~ers that are determined to be qua=i-judicial under the laws of the State of Florida. 4 i I I I I I I I I I I I City of Sebastian, Florida' Subject: Y2K Update Presentation ~~ager Agenda No. d~" o2~ q Department Origin: Finance ~ Date Submitted: December 9, 1999 For Agenda of: December 15, 1999 Exhibits: EXPENDITURE AMOUNT BUDGETED: REQUIRED: N/A N/A APPROPRIATION REQUIRED: N/A SUMMARY As everyone is aware, the new millennium is fast approaching and there has been a vast amount of press coverage concerning various scenarios concerning computer failures, power outages, etc. i am please to inform the City Council and the Citizens of the City of Sebastian, that all critical systems, such as Police Dispatching, vehicles, accounting systems, computer systems as well as all software systems are 100% Y2K compatible. In July of this year, the Governor of Florida established a Y2K Task Force to determine Y2K readiness in the wake of the approaching millennium. The City was approached, a survey taken and follow-up communication made concerning the City's readiness. In late October of this year, the City informed the Y2K task force that we were 100% compatible. A schedule of Y2K Status will be handed out and available on Wednesday, December 15, 1999. RECOMMENDED ACTION None. SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 1, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Neuberger called the Regular Meeting to order at 7:00 p.m. The Pledge o£Allegiance was recited. There was a moment of silence. ~OLL CALL Ci~v Council Present: Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Walter Barnes Mr. Ben A. Bishop Mr. Edward J. Majcher, .Ir. Stzfff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Public Works Director, Terry Hill Chief of Police, Randy White Finance Director, Mark Mason Deputy City Clerk, SallyMaio Regular City Council Meeting December 1, 1999 Page Two 5. AGE1NIDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Item~ not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) The City Manager requested modifications to New Business items A, B, and C, to add authorization for the City Manager to execute contracts for items B and C; and to appropriate $525 for the reimbursement in item A. City Council concurred with the additions to recommended action on the three items. 6. P..ROCLAMATIONS, ANNOUNCEMENTS AND/OR PRE:$J~NTATIONS 99.227 A. Proclamotion - Recognition of Detective Jo~ Dillon - State of F[oxida LocAl Law Enforcement of t3e Year Awar~ Mayor Neuberger read and presented the proclamation to Detective Dillon. 99.228 B. Proclamation ~ City of Sebastian 75th Anniver~.arv - Decerrl_ber 6, 1999 Mayor Neuberger read the anniversary proclamation. 99.229 C. Presentation.by Florida Power and Light Officials Rachel Scott and Ed Fl~:nne (City Manager lransmittal) Florida Power and Light official Ed Henne gave a lengthy presentation on restoration efforts on the Treasure Coast by FPL following Hurricane Irene and responded to concerns and suggestions expressed by Council. TAPE I-SIDE II (7:45 p.m.) 99.153 D. The presentation continued. Mr. Majcher was asked to provide a list of residents who had contacted EMS relative to trees and tree fires. Chief White requested establishment of better communication with FPL during emergencies. Presentation by Falcon Cable Regional Manager K~:n_Vicker~ Re: Improvements (Cio Manager Transmittal) Ken Vickers, Regional Manager of Charter Communications (formerly Falcon Cable), updated City Council on proposed improvements to the system in accordance with its recently approved franchise agreement with the City. Mayor Neuberger called recess at 8:32 p.m. and reconvened the meeting at 8:45 p.m. All members were present. Regular City Council Meeting December 1, 1999 Page Three 7. CITY ATTORNEY MATTER~ None. 8. CITY MANAGER MATTERS TAPE II - SIDE I (8:48 p.m.) Announced the 11/30/99 closing on the Good Guys Property Announced that a Greyhound bus stop will be reinstated at Main and US I 9. QI_TY CLERK MATTERS None. 10. CITY CO.I~.NCIL MAT]"ERS A. Mr, Barnes Announced the Keep Indian River Beautiful Clean Up day contest was won by Fellsmere again Reported on resident complaints about excessive noise from a concert at a church on South Wimbrow in a residential district, said he did not think such events should be allowed in residential neighborhoods, and that staff should take a closer look at these appliCations Recommended that Charter officer evaluations not be conducted at a public meeting, rather to conduct individual appraisals and then cont'wrn them and discuss salary at a public meeting Proposed that City Council conduct a workshop on the issue of whether ordinances passed by Council are being enforced. The City Manager agreed with a workshop with Charter Officers and key department heads in attendance to hear what is discussed, however, that he will communicate Council's suggestions to his staff. City Council scheduled a workshop for January 5, 2000. B. Mk l~ishop None. C. Mr. Majcher Requested that City staff set up a day for clean up of city propeny~ abutting the Barber Street fire station Inquired about the City. dumping on the east side of the Golr Course and the City. Manager said he will report on December 15. Regular City Council Meeting December 1, 1999 Page Four D. M~or Neuberger Discussed dumping on the airport property. Said he would evaluate the City Clerk in private. Thanked the City Manager for his work on reinstatement of the Greyhound bus stop. Inquired about plans for the City's anniversary Expressed concern about the City's loss of the clean up day Said work at Garden Club park is progressing, however, mulch they were given is a hazard Discussed a Council of Local Governments meeting he attended in Ft. Pierce today and commended their efforts to improve the City Suggested the City Engineer contact Vero Beach about microsurfaeing test failures E. Mr. Barcz:yk Said he would also evaluate the City Clerk in private Thanked Keep Indian River Beautiful clean up volunteers Inquired about progress the revised Land Development Code 11. CON.SENT AGENDA All iterncs on the consent agenda a~ considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items ~nless a member of CiO, Co~wil so r~quests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 11/17/99 Regular Meeting 99.008 Formal Acceptance of Charles Barrett's Resignation from Planning and Zoning (Barrett Letter 11/15/99) 99.230 Resolution No. R-99-59 - Request Florida Department of Transportation Expedite. Four Laning of SR 60 (City Manager Transmittal 11/24/99, R-99-59) A RESOLLrrlON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA. REQUESTING THAT FLORIDA DEPARTMENT OF TRANSPORTATION EXPEDITE WIDENING OF STATE ROAD 60; PROVIDrNG FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Clerk read the Consent Agenda, and the City Attorney read Resolution No. R-99-59 by title. Mr. Barnes removed item B. MOTION by Bames/Barczyk "I make a motion to approve items A and C." VOICE VOTE on the motion carried 5-0. Regular City Council Meeting December 1, 1999 Page Five Item B - Charles Barrett's Resig~atiQtl from Planning. and Zorling Councilmembers expressed concern that a qualified member is leaving the board due to problems with one other member. Mayor Neuberger said the City Attorney had advised that City Council could take action to remove the member; and that he had spoken to Planning and Zoning Chairman Shulke and requested that he address the matter with his board. Mr. Bishop noted that others are considering resignation for the same reason. MOTION by Bishop/Barnes "Based on input that I've had, I'd like to make a motion that we remove Mr. Pliska from the P & Z board effective immediately." Sal Neglia, suggested Mr. Pliska be given a chance to address the problem. The City Attorney advised that to take action tonight this removal would be "without cause". ROLL CALL: Mr. Barezyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - nay MOTION CARRIED 4-1 (Neuberger - nay) MOTION by Neuberger/Majcher "I'11 make a motion to refuse Mr. Barrett's resignation." VOICE VOTE on the motion carried 5-0. 12. PUBLIC HEARINQ 99.215 A. Ordinance NOL 0-99-37 - Controlled Burning £Cit~ Attorney t. ransmig~. O-99-37) AN ORDINANCE OF THE CITY OF SEBA.gI'IAN, INDIAN RIVER COUNTY, FLORIDA. AMENDING CODE OF ORDINANCES SECTION 42-48 CONTROL OF OPE~ BURNI~, PROVIDING FOR CONFLIL-'I'S; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst R~ading I 1/3/99, Adv~ti.~ml Ix. gal 11/17/99. PH 12./1/99) Mayor Neuberger opened the public hearing at 9:22 p.m. and the City Attorn~ read Ordinance No. O-99-37 by title. Regular City Council Meeting December 1, 1999 Page Six The City Attorney briefly explained the amendments. Mayor Neuberger closed the public hearing at 9:23 p.m. MOTION by Bames/Neuberger "I move to approve Ordinance O-99.37." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye 13. MOTION CARRIED 5-0 INTRODI~L'THON 01~ L~.,_W BIJSINESS FROMTHE PUBLI~ ', Item that hair occurred or was discovered within the lareviou~ six months which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Dennis O'Hara, discussed the excessive noise from the church concert, and objected to this use being allowed with a temporary use permit in a residential district. TAPE II- SIDE I1 (9:30 p.m.) 14. COMMITTEE REPORTS/RECOMMENDATIONS None. 15. 0i~!~ BUSINESS None. 16. NEW BUSINESS 99.231 A. Ruth ~ulliyan Request for Reimbursement for Legal SCl-vices Incurred While May_or (City Manager Transmittal 11/16/99. Slllliv~n Letter I [/UL991 The City Attorney gave a brief explanation of law on reimbursement of legal fees in the amount of $525, responded to questions from Council and recommended approval. City Council discussion followed. MOTION by Bames/Barczyk 'Tll make a motion to approve the request from Ruth Sullivan for reimbursement of legal services and authorize the City Manager to appropriate legal reimbursement." Regular City Council Meeting December I, 1999 Page Seven ROLLCALL: Mayor Neuberger Mr. Barczyk Mr. Banes Mr. Bishop Mr. Majcher ~ aye - aye - aye - aye MOTION CARRIED 5-0 99.232 Appropfiiat¢ $_600 Match Funding and Approve_Contract ~99060 with Figrida Fish and Wildlife Conservation Colrtrfli~£ton for Yacht Club Ramp Extension (City Engineer Transn0jllal 11/22/99. Agreement) MOTION by Majcher/Bames "I make a motion to appropriate $600 match funding and approve Contract #99060 with Florida Fish and Wildlife Conservation Commission for the Yacht Club Ramp Extension and City Manager transmittal agreement." The Finance Director responded to questions fi.om Council, noting the grant amount is $74,400. ROLL CALL: Mr. Barczyk - aye Mr. Banes - aye Mr. Bishop - aye Mr. Majchcr - aye Mayor Neuberger - aye MOTION CARRIED 5-0 99,234 Appropriate $3,650 M;~kclling Funds and Approve qig.ntrac[ #SD611AA with St. John~ l~[ver Water Management District for Two Telescopes at Riverview Park Obs~rvatiQn/Fishing [?ig_r (City Engineer Transmittal 11/2;2/_99. AtlIee~nt) MOTION by Bishop/Barczyk "I'd move to appropriate $3,650 matching funds and approve contract #SD611AA with St. Johns River Water Management District for two telescopes at Riverview Park and authorize the City Manager to execute the grant." ROLL CALL: Mr. Banes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CAR. R. IED 5-0 Regular City Council Meeting December 1, 1999 Page Eight 99.235 D. 99.236 E. Purchase of City of Sebastian Entr~e Si~s (Purchasing TransmitIol 11/24/99, Signs) The City Manager distributed colored renderings and introduced Curt O.vd'ord of Woodcarvers, Inc. and Mr. Oxford addressed Council. Mr. Barczyk inquired about a City seal for the Council Chambers. MOTION by Bames/Majcher "I'll make a motion to approve the purchase of City of Sebastian entrance signs for $23,400." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Ma'. Barezyk - aye Mr. Barnes - aye MOTION CARRIED 5-0 It was the consensus of City Council to remove the word "many' from the sign. Resolution No. R-99-56 - Application for Designation into U, SLMillenni~:n Committees Program (City Manager Transmittal I 1[23199, R-99-56) A RESOLUTION OF THE CITY OF SEBASTIAN. INDIAN RIVER COUNTY. FLORIDA, AU'I~ORIZINO THE CITY MANAGER OR HIS DF_.SIGNEE TO SUBMIT AN APPLICATION FOR DESIGNATION iNTO THE UNITED STATES MILLENNIUM COMMUNITIES PROGPoMM; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDiNG FOR SEVERABILITY; AND PROVIDiNG FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-99-56 by title. The City Manager gave a brief update on a proposal for celebration of the City's anniversary and entrance into the new millennium. MOTION by Neuberger/Barnes "I move to approve Resolution R-99-56." Mr. Bishop suggested formation of a committee for the City's 75th Anniversary celebration. Regular City Council Meeting December 1, 1999 Page Nine ROLL CALL: Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop - aye - aye - aye - aye MOTION CARRIED 5-0 99.237 Resolutioll No. R-99-57 - Authorizing Ci~ Manager to E,x,;u,t¢ DCA Disaster Relief Agreement ffinance Dire~.tOr Transmittal 11123/99, R-99-57, DCA Letter. Agre~m~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE grATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DISASTER RELIEF FUNDING AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-99-57 by title. MOTION by Bishop/Batczyk "I'd move to adopt Resolution No. R-99-57 authorizing the City Manager to execute the State of Florida Department of Community Affairs Disaster Relief Funding Agreement." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 99.238 Resolution No, R-99-58 - One Way Shakespeare Street (City Manager Transmittal 11/23/99,_ ~_-~9-58) A RE~OLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA, AUTHORIZINo A ONE-WAY DESIGNATION OF SHAKESPEARE STREET; PROVIDING FOR REPEAL OF RESOLLrTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-99-55 by title. Some City Council members suggested ascertaining that all residents on Shakespeare Street wanted this one-way designation MOTION by Barnes/ "I'd make a motion to adopt Resolution No. R-99-58," MOTION died for lack of a second. Regular City Council Meeting December 1, 1999 Page Ten MOTION by Barczyk/Neuberger "I'll make a motion that we shelf this item to the next meeting." VOICE VOTE on the motion carried 5-0. 99.106 H. Proposed Ordinance Re: Overgrown Lots - Disctl~sion a3d Direction to Staff(City Attorney Transmittal 11/18/99, Proposed Qrdinance) The City Attorney reviewed the proposed amendments. TAPE Iii- SIDE I (10:15 p.m.) It seemed to be the general consensus of Council that dumping of debris on tmimproved lots should be tightened and enforce& but that proposed language relative to clearing undergrowth on unimproved lots adjacent to improved lots and maintaining it at I0 inches would be overregulation. The following individuals addressed Council on the subject. * Dennis O'Hara - Charles Stachel * Al Vilardi * Louise Kautenberg 17. Being no further business, Mayor Neuberger adjourned the Regular Meeting at 10:28 p.m. Approved at the ,1999, Regular City Council Meeting. Chuck Neuberger Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 10 City of Sebastian 1225 Main Street Sebastian, Florida 132958 Telephone (561) 589-5550 FAX (561) 589-5570 Subject: Police Pension Board of Trustees Approvec~for Submittal~y Manager Exhibits: Agenda No. ~-/~¢' Department Origin: City Clerk For Police Pension Board Date Submitted: 12/7/99 ['or Agenda of: 12/15/99 SUMMARY ST&T~M£NT City Council recently appointed Marilyn Waldis and Kathy Brauer as the two resident members to the Police Pension Board of Trustees, and the Police Department employees recently elected Lieutenant Gene Ewert and Officer Dennis Hovasse as the two PD employee members in accordance with Section 58-51 of the Code of Ordinances and Chapter 185 Florida Statutes. All terms are for two years to October I, 2001. Code Section 58-51 (a) ($) states ",4 fifth member, elected b), the other four members o£ the board, to be appointed by the city council as a ministerial duty, for a two year term..." The four members met on November 177 1999 and appointed A.L. "Rappy" Perez, Jr., CLU as the fifth member. The term for this position actually begins October 1st. .Appointment of the fifth member by the Council is strictly a ministerial duty and no interview is required. RECOMMENDED ACTION Appoint A.L. "Rappy' Perez, Jr. CLU as the fifth member of the Police Pension Board of Trustees for a two year term to expire October I, 2001. City of Sebastian, Florida AGENDA TRANSMITTAL AgendaNo. ~fl- ~ Subject: Police pension amendment Date Submitted: 12/8/99 Exhibits: Ordinance 0-99-38 For Agenda of: 12/15/99 EXPENDITURE KEQUIRED: unknown AMOUNT BUDGETED: 0 APPROPRIATION REOUIRED: 0 SUMMARY: This ordinance was passed at first reading on November 17, 1999, and is now scheduled for second reading and public hearing. The proposed changes to the pension plan are all mandated by the state and must be in place by the end of the year.. RECOMMENDED ACTION: Move to adopt 0-99-38_ E,R~.' J~ AUTHORIZED FOR PLACEMENT ON AGENDA BY CITY MANAG ORDINANCE NO. 0-99-38 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE CHAPTER 58, ARTICLE III, POLICE OFFIfIERS' RETI~T SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 99-1, Laws of Florida, virtually rewrote the police pension law in the state of Florida and requires local government compliance with extensive minimum pension standards; and WHEREAS, local governments must adopt these minimum provisions by December 31, 1999, or lose a significant funding mechanism for its police pension plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 58-46 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 58-46. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Actuarial equivalence means a form of benefit differing in time, period, or manner of payment from a specific benefit provided under this article but having the same value when computed using UP 1984 Mortality Table and eight percent interest. Agreement means the written instrument setting forth the provisions of the retirement system. Average monthly earnings means 1/12 of the arithmetic average of annual earnings for the five best years of credited service during the ten years preceding termination of employment or retirement. Beneficiary means the person entitled to receive benefits under this article at the death of a member and who is filed with the board. If no such designation is in effect at the time of death of the member, or, if no person so designated is living at that time, the beneficiary shall be the estate of the member. Board means the board of trustees, which shall administer and manage the system provided for in this article and serve as trustees of the fund. Credited service means the total number of years and completed months of actual service with the city as a fulltime sworn police officer. Credit shall also De given for time spent in the military of the United States or United States Me¥chant Marine by an officer on leave of absence for such reason , provided that t--he officer reenters the City's pOlice service within 1 year of the date of release from the service. Members shall not receive credit for service for which member contributions have been refunded. No credit will be given toward credited service for service during which an employee was eligible for participation in the system but elected not to become a member. Further, no credit will be ~iven fo~ ~rvice after the normal retirement date. Earnings means total cash remuneration paid t9 the officer for services rendered, and includes base pay, including cemmi$$io~s, bonuses, maintenance assignment or shift differential pay, educational .~D_qDn__t. ive ~ay, holidav pa~ and overtime pay, but excluding accrued sick leave and vacation pay. EffecTive date means October 1, 1989. Employee or police officer means all actively employed employees of the city, including those in their initial probationary employment period, classified as fulltime sworn police officers and r_e_g_u~.l.~d ~o be_~x.~ified as a law enforcement officer in accordance with Fla. Stat. 943.139~, but excluding any parttime police officers, auxiliary police officers or civilian members of the police and any temporary or contract employees. For purposes of this definition, full time means an average of 40 or more hours per week, or at least 2,080 hours during any consecutive 12-month period. Fund means the trust fund established in this article as part of the system. IRS Code means title 26 of the United States Code, as amended from time to time. Member means an actively employed employee who fulfills the prescribed participation requirements and all terminated employees who are receiving or are entitled to receive benefits under this article. Members' contributions means amounts deducted from a member's compensation on and after October 1, 1989, pursuant to section 58-50(a) of this article, plus interest at the rate of 5 1/2 percent per year, compounded annually. Spouse means the lawful wife or husband of a member at the time of preretirement death or retirement. System or retirement system means the city police officers' retirement system as contained in this article and all amendments thereto. Section 2. That section 58-48 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 58-48. Benefit amounts and eligibility. (a) Retirement dates. Normal retirement. The normal retirement date of a member shall be the latter of the first day of the month: a. In which the member attains the age of 55 years, and I I I i I I I i I I i I I (2 b. Has completed ten years of credited service; or In which the member has attained the age of 52 years, and d. Has completed 25 years of credited service. A member may retire on his normal retirement date or on the first day of any month thereafter. Early retirement. A member may retire on his early retirement date with the consent of the city, which shall be the first day of the month in which the member attains the age of 50 years and has completed ten years of credited service. Rights of city. Nothing contained in this article shall be construed to give any employee the right to be retained in the employ of the city or to interfere with the right of the city to terminate the employment of any employee at any time, nor upon dismissal or upon his voluntary termination of employment, to have any right or interest in the fund other than as is provided in this article. Full vesting at retirement. A member shall become 100 percent vested in his accrued benefit on any stated retirement date. (b) Retirement benefit. Normal. A member retiring under the terms of this article on or after his normal retirement date shall receive a monthly benefit which shall commence on his retiremen~ date and be continued thereafter during his lifetime, with the first 120 payments guaranteed payable either to the member or, upon his death, tq his beneficiary in a~y eve~. The monthly retirement benefit shall equal two percent of the average monthly earnings for each year of credited service. Early. The monthly amount of retirement income payable to a police officer who retires early under the provisions of this section shall be an amount computed as if the officer had taken normal retirement as set forth in this section, taking into account his credited service to his date of actual retirement and his average monthly earnings as of such date, which amount of retirement income shall be (3) actuarially reduced to take into account the police officer's younger age and the earlier commencement of retirement income payments. In no event shall the early retirement reduction exceed three percent for each year by which the member's age at retirement preceded the member's normal retirement age. The retirement income payable in the event of early retirement will be payable on the first day of each month. The first payment will be made on the police officer's early retirement date and the last payment will be the payment due next preceding the retired officer's death; except that, if the police officer dies before he has received retirement benefits for a period of ten years, the same monthly benefit will be paid to the beneficiary designated by the police officer with the balance of such ten-year period, or, if no designated beneficiary is surviving, the same monthly benefit for the balance of such ten-year period shall be payable as provided in F.S. § 185.162 (1987) . Retirement reduced for disability benefits. The retirement income will be reduced on an actuarial basis for moneys received under the disability provisions of this article, sub%ect tv the maximum reduction as set forth for regular early retire~en% (c) Disability. Eligibility. Any member who is found by the board upon examination to be mentally or physically incapacitated so as to be wholly unable to properly perform his duties as a police officer of the city may be retired for disability if the member meets the following service requirement: Service-incurred disability (as determined by the board)--No service requirement. Members are covered from date of employment. The presumptions of Fla. Stat. 185.34 shall apply. Nonservice-incurred disability (as determined by the board)--Member is eligible following completion of ten years of credited service. Exclusions. A member will be considered totally disabled if, in the opinion of the board, he is wholly prevented from rendering useful and efficient service as a police officer; and a member will be (3) (4) considered permanently disabled if, in the opinion of the board, such member is likely to remain so disabled continuously and permanently from a cause other than as specified in this subsection: Excessive' and habitual use by the member of drugs, intoxicants or narcotics. b o Injury or disease sustained by a member while willfully and illegally participating in fights, riots, civil insurrections, or while committing a crime. Injury or disease sustained by the member while serving in any armed forces of any nation. Injury or disease sustained by the member after his employment has terminated. Injury or disease sustained by the police officer while working for anyone other than the city and arising out of such employment. Determination of disability. No member shall be permitted to retire under the provisions of this section until examined by a duly qualified physician or surgeon to be selected by the board for that purpose, and is found by the board, upon evidence presented, to be disabled in the degree and in the manner specified in this section. Any member retiring under this section may be examined periodically by a duly qualified physician or surgeon or board of physicians and surgeons to be selected by the board for that purpose, to determine if such disability has ceased to exist. Benefit amount. The benefit payable to a member who retires with a total and permanent disability which is determined to be nonservice incurred shall be an amount equal to two percent of his average monthly earnings multiplied by his years of credited service. In no event, however, shall the nonservice-incurred disability benefit be less than 25 percent of the member's average monthly earnings if the member has completed ten years of credited service. The monthly benefit payable to a member who retires with a service-incurred disability shall be an amount determined as for nonservice-incurred disability but no~ less than 42 percent of average monthly earnings. (5) 6) 7) Benefit offsets. There shall be no reduction of ~ the disability benefits described in this section based Dppn plus other monthly amounts to which the disabled member is entitled under worker's compensation or any other city financed disability or salary continuation program ~xceeds t00 percent of ~he member's avcragc monthly ear~bngs in cffcct on the datc of disability, thc disabilb~y benefits previ~/cd in this section sh~tl bc reduced s<> tha{ thc total of all such ~cgular monthly amounts does not excced tOO pcrccnt of such avcragc monthly c~rnings Payment of benefits. The monthly retirement income to which a member is entitled in the event of his disability retirement will be payable on the first day of the first month after the board determines such entitlement. However, the monthly retirement income shall be payable as of the date of board approval and any portion due for a partial month shall be paid together with the first payment. The last payment will be on the earlier of the following: a. The first day of the month preceding the member's date of death, or the t20th monthly payment, whichever is later; or b. The first day of the month preceding the member's recovery as determined by the board. Recovery. If the board finds that a member who is receiving a disability retirement income is no longer disabled, as provided in this section, the board shall direct that the disability retirement income be discontinued. Recovery from disability as used in this section shall mean the ability of the member to render useful and efficient service as a police officer. If the member recovers from disability, his service beginning with the first month for which he received a disability retirement income payment and ending with the date of recovery shall not be considered in determining the retirement benefit commencing on or after his normal retirement date. (d) Preretirement death. Prior to eligibility for retirement. The designated beneficiary of any member who dies prior to becoming eligible for early, normal or delayed retirement under the terms of this article shall receive a refund of the member's contributions. (2) (3 After becoming eligible for retirement. The designated beneficiary of any member who dies after becoming eligible for retirement shall be entitled to the benefits otherwise payable to the deceased member at early or normal retirement age. Such amount shall be payable to such beneficiary on a monthly basis for ten years, or on such other actuarial equivalent basis as provided by the board. Limitations. In the event the board purchases life insurance contracts to provide all or part of the death benefit provided herein, the death benefit payable under any such contract shall not exceed: One hundred times the estimated normal monthly retirement income, based on the assumption that the present rate of compensation continues without change to normal retirement date; or Twice the annual rate of compensation as of the deceased member's date of death, or the single- sum value of the accrued deferred retirement income (beginning at normal retirement date) at the deceased member's date of death, whichever is greatest. In the event the death benefit paid by a life insurance company exceeds the limits set forth the above, the excess of the death benefit over the limits shall be paid to the fund. (e) Vesting. If a member terminates his employment, either voluntarily or by discharge, and is not eligible for any retirement benefits under the system, he shall be entitled to a refund of his contributions, without interest, less any benefits paid to him. However, a police officer may voluntarily leave his or her contributions in thq ~und for a period of 5 years after leaving the employ of the department, pending the possibility of beinq rehired by the s~me department, without losing cred~ for the time he or she has participated actively as a police officer. Should the person not be so reemploved within 5 years, the contAibutions shall then be returned without interest. Should any police officer who has been in service with the municipality for at least ten years and has contributed to the municipal police officer retirement trust fund for at least ten years elect to leave his accrued contributions in the municipal police officers retirement trust fund, such police (2) officer upon attaining age 50 years or more may retire at the actual equivalent of the amount of such retirement income otherwise payable to him. (f) Required distributions. Notwithstanding any provision in this article to the contrary, a member's benefits shall be distributed to him not later than the member's required beginning date. A member's required beginning date is the April 1 following the close of the calendar year in which the member attains age 70 1/2. Alternatively, distributions to a member must begin no later than the April 1 as determined under the preceding sentence and must be made over the life of the member (or the lives of the member and the member's designated beneficiary) or, if benefits are paid in the form of a joint and survivor annuity, the life expectancy of the member (or the life expectancies of the member and his designated beneficiary) in accordance with federal income tax regulations. Notwithstanding any provision in this article to the contrary, distributions upon the death of a member shall be made in accordance with the following requirements and shall otherwise comply with section 401(a) (9) of the Internal Revenue Code and the regulations thereunder. If it is determined, pursuant to regulations, that the distribution of a member's interest has begun, and the member dies before his entire interest has been distributed to him, the remaining portion of such interest shall be distributed at least as rapidly as under the method of distribution selected by the member as of his date of death. If a member dies before he has begun to receive any distributions of his interest in the retirement system or before distributions are deemed to have begun pursuant regulations, then his death benefit shall be distributed to his beneficiaries in accordance with the following rules: 1. The entire death benefit shall be distributed to the member's beneficiaries by December 31 of the calendar year in which the fifth anniversary of the member's death occurs; I I I I I I I I i I I I I I 2. The five-year distribution requirement of subsection (f) (2)b.1. of this section shall not apply to any portion of the deceased member's interest which is payable to or for the benefit of a designated beneficiary. In such event, such portion shall be distributed over the life of such designated beneficiary (or over a period not extending beyond the life expectancy of such designated beneficiaries), provided such distribution begins not later than December 31 of the calendar year immediately following the calendar year in which the member died; 3. Notwithstanding the above, in the event the member's spouse (determined as of the date of the member's death) is his designated beneficiary, the provisions of subsection (f) (2)b.2. of this section shall apply except that the requirement that distributions commence within one year of the member's death shall not apply. In lieu thereof, distributions must commence on or before the later of: i. December 31 of the calendar year immediately following the calendar year in which the member died; or ii. December 31 of the calendar year in which the member would have attained age 70 1/2. If the surviving spouse dies before distributions to Such spouse begin, then the five-year distribution requirement of this section shall apply as if the spouse was the member. Distributions to a member and his beneficiaries shall only be made in accordance with the incidental death benefit requirements of section 401(a) (9) (G) of the Internal Revenue Code and the regulations thereunder. (g) Limitation of benefits. The annual benefit otherwise payable to a member at any time will not exceed the maximum permissible amount. If the benefit the member would otherwise accrue in a limitation year would produce an annual benefit in excess of the maximum permissible amount, the rate of accrual will be reduced so that the annual benefit will equal the maximum permissible amount. (2) (3) 4) The limitation in subsection (g) (1) of this section is deemed satisfied if the annual benefit payable to a member is not more than $1,000.00 multiplied by the member's number of years of service or parts thereof (not to exceed ten) with the city. If the city maintains or at any time has maintained, one or more qualified defined contribution plans covering any member in this system, a welfare benefit fund, as defined in section 419(e) of the Internal Revenue Code, or an individual medical account as defined in section 415(1)(2) of the Internal Revenue Code, the sum of the member's defined contribution fraction (as defined in section 415(e) (3) of the Internal Revenue Code) and defined benefit fraction (as defined in section 415(e) (2) of the Internal Revenue Code) will not exceed 1.0 in any limitation year. To the extent necessary to satisfy this limitation, the city will reduce the member's projected annual benefit under the system. For purposes of this section, the following terms shall have the following meaning: a. Annual benefit. A retirement benefit under the system which is payable annually in the form of a straight life annuity. Except as provided below, a benefit payable in a form other than a straight life annuity must be adjusted to an actuarial equivalent straight life annuity before applying the limitations of this subsection. The interest rate assumption used to determine actuarial equivalents shall be the greater of the interest rate specified in section 58- 46 of this article or five percent. No actuarial adjustment to the benefit is required for: 1. The value of a qualified joint and survivor annuity, 2. The value of benefits that are not directly related to retirement benefits (such as the qualified disability benefit, preretirement death benefits, and post-retirement medical benefits), and 3. The value of post-retirement cost of living increases made in accordance with section 415(d) of Ehe Internal Revenue Code and section 1.415- 3(c) (2) {iii) of the Federal Income Tax Regulations. b. Compensation. Wages, salaries, and fees for professional services and other amounts received (without regard to whether or not an amount is paid in cash) for personal services actually rendered in the course of employment with the city to the extent that the amounts are includable in gross income (including~ but not l~i~cd ~e, commission~ paid sabosmen, compensation for services on the ba$i~ of a percentage of profits, commission~ on insurance premiums, tips, bonusee, fringe benefits, reimbursements and expense allowances> and excluding the following: 1. City contributions to a plan of deferred compensation which are not includable in the member's gross income for the taxable year in which contributed, or city contributions under a simplified employee pension plan to the extent such contributions are deductible by the member, or any distributions from a plan of deferred compensation; 2. Amounts reatizcd frem thc cxercisc of a nonquatgficd stock option, ~r when restricted stock (or property} held by a member cither bec©mcs frecty transferable or is ne lon~er subject to a ~ubstantial risk of ferfcit~re; 3. Amounts rcalizcd from the sale, cHchaa§c, er other disposition of stock acquired under a qualified stock optien; and 4~. Other amounts which received special tax benefits, or contributions made by the city (whether or not under a salary reduction agreement) towards the purchase of an annuity described in section 403(b) of the Internal Revenue Code (whether or not the amounts are actually excludable from the gross income of the member). c. Defined benefit dollar limitation. Effective on January 1, 1989, and each January thereafter, the $90,000.00 limitation above will be automatically adjusted by multiplying such limit by the cost of living adjustment factor prescribed by the secretary of the treasury under section 415(d) of the Internal Revenue Code in such manner as the secretary shall prescribe. The new limitation will apply to limitation years ending within the calendar year of the date of the adjustment. d. Highest average compensation. The average compensation for the three consecutive years of service with the city that produces the highest average. e. Limitation year. The fiscal year. f. Maximum permissible amount. 1. The lesser of the defined benefit dollar limitation or 100 percent of the member's highest average compensation. 2. If the member has less than ten years of employment with the city, the defined benefit dollar limitation is reduced by one-tenth for each year of employment (or part thereof) less than ten. To the extent provided in regulations or in other guidance issued by the Internal Revenue Service, the preceding sentence shall be applied separately with respect to each change in the benefit structure of the system. If a member has less than ten years of service with the city, the compensation limitation is reduced by one-tenth for each year of service (or part thereof) less than ten. 3. If the annual benefit of the member commences before age 62, the defined benefit dollar limitation shall be determined in accordance with regulations prescribed by the secretary of the treasury, by reducing the limitation so that such limitation (as so reduced) equals an annual benefit (beginning when such retirement benefit begins) which is equivalent to the defined benefit dollar limitation beginning at age 62. The interest rate assumption used to determine actuarial equivalents shall be the greater of the interest rate specified in section 58-46 of this article or five percent. The reduction under this subsection shall not reduce the defined benefit dollar limitation below the following: i. Seventy-five thousand dollars if the benefit begins at or after age 55; or ii. If the benefit begins before age 55, the equivalent of the $75,000.00 limitation for age 55. 4. If the annual benefit of a member commences after age 65, the defined benefit dollar limitation shall be adjusted so that it is the actuarial equivalent of an annual benefit of such dollar limitation beginning at age 65. Section 3. That section 58-49 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: (2/ Sec. 58-49. Optional forms of benefits. Each member entitled to' early or normal retirement benefit _(including .permanent disability retirement) shall have the right at any time prior to the date on which benefit payments begin to elect to have his benefit payable under any of the options set forth in this article in lieu of the benefits provided in this article. Each member shall further have the right to revoke any such elections and make a new election at any time prior to the dste of cashing or depositing his first retirement check actual commencement ~f payments. The value of payable optional benefits shall be the actuarial equivalent to the value of benefits otherwise payable, and the present value of payments to the retiring member must be at least equal to 50 percent of the total present value of payments to the retiring member and his beneficiary. The member shall make such an election by written request to the board, with such request being retained in the board's files. Option 1: Joint and last survivor option. The member may elect to receive a benefit during his lifetime and have 100 percent, 75 percentc 66.67 percent, or 50 percent of such benefit continued after his death to and during the lifetime of his spouse or a relative other than his spouse. The election of option 1 shall be null and void if the designated beneficiary dies before the member's benefit payments commence. Option 2: Life annuity. The member may elect to receive an increased benefit payable for life only, ceasing upon death. (3) Option 3: Other. In lieu of the other optional forms enumerated in this section, benefits may be paid in any form approved by the board so long as actuarial equivalence with the benefits otherwise payable is maintained. If a police officer elects an option with a joint pensioner, he may change said joint oensioner prior to retirement upon the approval of the board of the ghange as a new election. After retirement benef%~s have commen~ed, he may change the designated joint pensioner only if the board consents and only if the previously desianated joint pensioner is alive when the request for a change is filed. The consent of th9 previous designee is not required. The board may request such evidence of the Uood health of the joint pensioner being removed as it deems necessary, and the amount of the retirement income payable to the officer upon the designation of a new joint pensioner shall be actuarially redetermined takina into account the ages and sex of the former and new joint pensioners, and the.police officer. If, following election of a joint pension but ~efo~e retirement of the officer, the designated joint pensioner dies, the option elected will be ~utomaticallv canceled and a basic retirement pavment will take effect unless a new election is made in accordance with this section prior to retirement. Section 4. That section 58-52 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 58-52. Finances and fund management. (a) Ail of the whatsoever attributable deposited to the fund. contributions and assets to the system shall be (b) The actual custody and supervision of the fund and assets thereof shall be vested in the board. Payments of benefits and disbursements from the fund may be made by the disbursing agent but only upon written authorization from the board. (c) The board shall be required to appoint a national or state bank with trust powers for the purpose of serving as custodian of the fund, and all assets of the fund shall be promptly and continually I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I 5) 1) deposited therewith. In order to fulfill its investment responsibilities as set forth in this article, the board shall be required to retain the services of the custodian bank, an investment advisor registered under Investment Advisory Act of 1940, an insurance company, or a combination of these, for purposes of investment decisions and management. Such investment manager shall have full discretion in the investment of assets subject to limitation of this agreement and any guidelines as prescribed by the board. (d) Ail funds and securities of the system may be commingled in the fund, provided that accurate records are maintained at all times reflecting the financial composition of the fund, including accurate current accounts and entries regarding the following: Receipts and disbursements of the fund. Benefit payments. Ail cash investments realized and unrealized gains or losses whatsoever. Ail interest, dividends and capital gains (or losses) whatsoever attributable to contributions and deposits to the fund. Such other entries as may be properly required so as to reflect a clear and complete financial report of the fund. (e) The board shall have the following investment powers and authority: The board shall be vested with full legal title to the fund, subject, however, and in any event to the authority and power of the city council to amend or terminate this fund; provided that no amendment or termination shall ever result in the use of any assets of this fund except for the payment of regular expenses and benefits under this system. Ail contributions from time to time paid into the fund, and the income thereof, without distinction between principal and income, shall be held and administered by the board or its agent in the fund, and the board shall not be required to segregate or invest separately any portion of the fund. (2 The fund may be invested and reinvested in such securities and other properties as allowed bv Florida Statutes. , except thosc issucd by forcigr{ cerpc~r~tions, or property, ~ca! or pcrsonat, whercver situatcd end whatever kindr as shall bc approved by thc board bncluc~ing, but not limited to~ stocks, com/~on or prcferr~d, and bonds, and othcr evidcnces of indcbtcdncss or owncrship. The-board bs authorized to transfer, -fr~m ~imc to timc, to a common, sollec~vc, or poolcd trust fund ma~ntaincd by any ba~k, all ~ suc4~ par~ of t4%e fund undcr this article as the~ board may deem advisable, and such part or all thc~ fund so transferred shall bc s+~bject to all of t~c terms~ amd f~r~isions ef such cormmos, collectivc, or pooled tr~st fund which c~nt cm~l at es thc commJ=Rgling for invcstmcnt purposes of such trust asscts with assets of othcr trusts. Thc-board-is also a~tho~izcd to withdraw from such eommon, cottcctive or pooled trust fund, from timc to timc, all or such pa~t of t4%c fund as thc be~rd may-deem ac~visablc. The board may retain in cash and keep unproductive of income such amount of the fund as it may deem advisable, having regard for the cash requirements of the system. No person shall be liable for the making, retention or sale of any investment or reinvestment made as provided in this article nor for any loss or diminishment of the fund, except that due to his own gross negligence, willful misconduct or lack of good faith. The board may cause any investment in securities held by it to be registered in or transferred into its name as trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the fund. 6) The board is empowered, but is not required, to: a. Vote upon any stocks, bonds or securities of any corporation, association or trust and to give general or specific proxies of power of attorney with or without power of substitutions; i I I i I I I I I I I I I I I I I I I (7) 8) 9) 10 11 b. Participate in mergers, reorganizations, recapitalizations, consolidations, and similar transactions with respect to such securities; c. Deposit such stock or other securities in any voting trust or any protective or like committee with the trustees or with depositories designated thereby; d. Amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and e. Generally to exercise any of the power of an owner with respect to stocks, bonds, or other investments comprising the fund which it may deem to be in the best interest of the fund to exercise. The board shall not be required to make any inventory or appraisal or report of any court, nor to secure any order of court for the exercise of any power contained in this article. Where any action which the board is required to take or any duty or functions which it is required to perform, either under the terms of this article or under the general law applicable to it as trustee under this article, can reasonably be taken or performed only after receipt by it from a member, the city or any other entity, of specific information, certification, direction or instructions, the board shall be free of liability in failing to take such action or perform such duty or function until such information, certification, direction or instruction has been received by it. Any overpayment or underpayment from the fund to a member or beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the board. Overpayment shall be charged against payments next succeeding the correction. Underpayment shall be made up from the fund. The board shall sustain no liability whatsoever for the sufficiency of the fund to meet the payments and benefits provided for in this article. In any application to or proceeding or action in the courts, only the city and the board shall be necessary parties, and no member or other person having an interest in the fund shall be entitled to any notice of service of process. Any judgment entered in such a proceeding or action Shall be conclusive upon all persons. (f) A_ny of the foregoing powers and functions reposed in the board may be performed or carried out by the board through duly authorized agents, provided that the board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to the fund shall always remain in the board. Section 5. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. SE~Pj~BILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance'shall not be affected and it shall be presu~med that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIV~ DATE. effect upon adoption. This Ordinance shall take The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this 15th day of December, 1999. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Chuck Neuberger, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney. City of Sebastian, Florida Subject: Riverfront District Waiver of Agenda No. Signage Height Limitations for Key West Department Origin: .G/-owth Management Inn. Tracy E. Hass /~v for Submi ~~~~ Date Submitted · De.cember 06, 1999 . For Agenda of: December 15, 1999 ry ommendanon, m~nutcs of 12/02/99 P&Z meeting and letter of request from Tom ' Collins for Key West Inn. , .. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A REQUIRED: None N/A SUMMARY Mr. Tom Collins of Key West Inn has applied for a waiver of Section 20A-19..8.C(2) (Maximum Height) and Section 20A-19.8.2(C) (Freestanding Signage). The first section establishes the overall height of signs shall not exceed ten (10) feet and the second referenced section states supporting structures for monument signs shall not exceed two (2) feet in height. In addition, the applicant is also requesting a waiver of section 20A-19.8.2.D(1) establishing wall signs shall not exceed four (4) feet in height. The proposed freestanding monument sign along U.S. 1 is 13'-3" in height with a 4' supporting structure. The proposed freestanding sign along Indian River Drive is 1 I' in height with a 3'-6" supporting structure. The proposed wall sign measures 6' in height. The Riverfront Overlay District signage code allows for 72 sq. ft. of signage per I' of lineal street frontage. Key West Inn is permitted 165 sq. ft. of signage given their 330' of frontage on U.S. 1. The proposed signs are well within the overall maximum allowable square footage for the subject site. However, the applicant reduced the copy area width in an effort to design more attractive and appealing signage. Unfortunately, the end result is the proposed signs exceed the maximum allowable height. i I I Along with the waiver request, the applicant proposes to remove all existing signage on site, which includes a 10' X 30' (300 sq. ft.) 2-sided billboard along U.S. 1. Removal of said signage would vastly improve the appearance of the property as well as allow for installation of more attractive and becoming signage. ~ Overall, the signs are attractive and consistent with the design regulations established by the Riverfront Overlay District. Removing the existing signage and installing new signage will result in an overall visual improvement for both the subject site and the Riverfront District. In accordance with Section 20A-19.1.4.D, the applicant is requesting a waiver from the signage height provision of the Riverfront Overlay District. The Planning and Zoning Commission recommended approval to the City Council of said request during a public hearing held on December 02, 1999. The motion passed 5-1 in favor. RECOMMENDED ACTION Review proposal and move to approve waiver request for allowance of the following: 1. Sign along U.S. Highway 1 to be constructed at an overall height of 13'3", which exceeds the 10' maximum allowed within the Riverfront District with base of said sign being 4', which exceeds the 2' maximum allowed in the Riverfront District. 2. Sign along Indian River Drive to be constructed at an overall height of 11', which exceeds the 10' maximum allowed within the Riverfront District with base of said s/(,i3g')being 3'6", which exceeds the 2' maximum allowed in the River front District. 3. Wa-it signage to be constructed at an overall height of 6', which exceeds the 4' maximum established in the Riverfront District. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 2, 1999 Chmn. Schulke thanked Mr. previous issue. NEW BUSINESS: Mahoney(a) for leading the Commission through the B. QUASI-JUDICIAL HEARING - Home Occupational License - 825 Bailey Drive - Harry Marshall - Tax Preparation Service No ex parte communications were reported. Mr. Marshall was present and was swom in by the Chairman at 7:25 P.M. Mr. Marshall proceeded to give presentation and noted that he will be sub-contracting out to other accounting firms that may have mom tax business than they need, and he would pick up the records at their offices. He stated that he has read the regulations, he understands the regulations, and he understands that the purpose of these regulations is to maintain the integrity of the residence. Jan King gave staff presentation and recommended approval. There were twenty-two (22) notices of headng sent, and there were no objection or non- objection letters received. Chmn. Schulke opened and closed the public headng at 7:30 P.M., as there were no proponents or opponents. MOTION by Vesia/Evely(a) I make a motion that we approve the Home Occupational license for Harry. J. Marshall as the Tax Authority, Incorporated at 825 Bailey Ddve. Roll call: Ms. Vesia - yes Mr. Mahoney(a) - yes Mr. Evely(a) - yes Mr. O'Donnell - yes . Mr. Gerhold - yes Chmn. Schulke - yes The vote was 6-0. Motion carded. QUASI-JUDiCIAL HEARING -Recommendation to City Council - Request for Waiver of signage requirements, Riverfront Overlay District - Key West Inn, 1580 U.S. Highway #1 No ex parte communications were reported. Mr. Mickey Capp with the Key West Inn was present representing the applicant and was sworn in by the Chairman at 7:37 P.M. Mr. Capp gave a presentation and commented that this an attempt to clean up the signage at the subject property. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 2, 1999 Tracy Hass gave staff presentation and noted that there are actually three (3) waivers that are being requested in this application - (1) overall height of signage, (2) monument portion of sign, or supporting structure of the monument, and (3) wall signage. He indicated that the inclusion of the Key West logo at the top of these signs cause them to go over the height limit for the Riverfront District. He also noted that the app,licant has indicated that the proposed signage would be an improvement over the billboard size sign that is allowable in the current Riverfront ordinance at ten (10) feet by twenty (20) feet long. He indicated that the allowable signage space is about 160 sq. ft.. He then proceeded to give the calculations in this district. Mr. Hess noted that this proposal was presented to the City Manager and to staff, who are in favor and would recommend approval to City Council. There was discussion about the placement of the hedge plants in relation to the signage. Mr. Gerhold asked if any applicants have already been turned down with a similar request. Mr. Hass indicated that he didn't think any applications had actually been denied, because most applicants conformed when the requirements were explained to them. The subject of "precedence' was discussed. The subjects of logo and marketing were also mentioned in connection with the height of the landscaping hedge around the base of the monument sign. Mr. Capp noted that the grade changes in this area along U.S. #1 which will make the sign appear lower from the roadway. Mr. Evely commented that it seems this would be a good trade-off to get dd of the large billboard sign already on site. There was further discussion on the calculations for determining signage area'for properties that have two road frontages. Chmn. Schulke opened and dosed the public headng at 7:49 P.M., as there were no proponents or opponents. Mr. Hass noted that staff recommends approval to City Council for this request. MOTION by EvelyNesia I make a motion we recommend to City Council approval of the waiver for signage in the Riverfront Oistdct for the Key West Inn, 1580 U.S. 1. Roll call: Mr. Mahoney(a) -yes Mr. Evely(a) -yes Ms. Vesia - yes Mr. Gerhold - no Chmn. Schulke - yes Mr. O'Donnell - yes The vote was 5 - 1. Motion carded. I i i I I i I Capt. Hiram's RESTAURANT, BAR AND MARINA Home Of The Waterfront Tiffanv Room Banquet Facility And The Captain's Quarters Riverfront Motel Rooms November 10, 1999 Tracy Hass Planning Director City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Tracy and Planning & Zoning Members, As you know we are completing construction ora 52-unit motel which is located west of Capt. ITu'am's. Our plans call for an upgrade in the signage that now exists on US #1 and Indian River Drive. We currently have in place a large 10'x30' (300 sq fi) 2-sided billboard, a 4'x8' directional sign and a 3'x6' entrance sign all of which are located on US #1. In addition there is an existing 8'x10' (80 sq fi) 2-sided sign bordering on Indian River Drive. We propose to remove all of the existing signage, including the large billboard and replace it with new signage that will be more in keeping with the "Fishing Village" concept recently adopted by the City. I am enclosing a color copy of all the proposed new signs along with a site plan that shows the locations of these signs. All of the proposed signs conform with the square footage requirements. In fact they are much smaller than what we are allowed to construct. Unfortunately, the new River Front sign ordinance severely limits a property owner's ability to install effective, tastefully designed signage. For example, the ordinance requires that all signs can only be 2 feet above the ground. This requirement conflicts with the landscaping ordinance which requires a 3 to 4 ff hedge around the perimeter of the property. Obviously you cannot see a 2 ff sign behind a 3 or 4 ff hedge. In addition, the River Front ordinance prohibits any signs that are more than 10 ff tall. This creates an unfair burden on large properties similar to Capt. Hiram's where we have 330 feet of frontage on US #1. The ordinance allows us to build a 165 sq ff sign and I have enclosed a black and white drawing that shows what we could build with out a waiver from P&Z or the City Council. You will note that this sign is 10 ff high and 21 ff "7'h¢/lltrtlCOtl.¥ttl! £.rperient'e- 16t)1 Indian River Drive, Sebastian. FL 32958 · PHONE: (561) 58%4345 · FAX: (561) 589-4346 Internet Address: htrpJ/www, indi'an-river, fl.us/hirams · e-mail=hiramsC~,indian-river, fl.us long and, in my opinion, very unsightly. It is, however, allowed under the current ordinance. Essentially, we are requesting a waiver to three requirements of the River Front sign ordinance. First, we would like to construct the copy part of our signs 3'6" and 4 f~ above grade so they will be visible even though a hedge will exist along the perimeter of the property. Secondly, we request that the overall height on the US #1 sign be approved at 13'3", a 3'3" in variance from the 10ft requirement. This request is particularly important due to the fact our property sits in a little valley with higher grades both to the north and south of where the sign will be located. We would request a waiver of 1 foot for a total height of 11 feet for the sign on Indian River Drive. The third request involves a sign that will be placed on the west elevation of the building above the lobby on the third floor exterior wall. The ordinance allows a 4 ff high sign and our sign is approximately 6 feet high because the Capt. Hiram's logo protrudes from the top of the sign. The sign is much more attractive as shown and it is important we maintain our logo consistently on all our signs. As I mentioned above, we would be willing to remove what we feel is an unsightly billboard (even though it is a very effective advertising tool) if the P&Z and City Council approve our requests on these minor waivers. If you need any further information do not hesitate to give me a call. Thank you for your cooperation in this matter. Thomas H. Collins CC: Townsend Signs Mickey Capp WG l~lls, Inc Martin Carter Kirby Payne LU ,..,. . ~ .~, 0'7,~ ~'"'" ~.o~"'~:~.~°° I ,'. ','. ,~,~,., , ~ o~ ....'..~ ',.. .;~;,' 2 '., ,,,,,. ,~. '.. ,.. ..... "": -' I ~ i ,,,,~ ,, .',l?, - Z · ~,', ~ . ',..,~.....:,. > ~, '. ':'"' :. ""': .'. ,,." ~ ~ · ..;A ...5. z > '~" ~ ~ I . ,..~". ,. ~ ~ < .: ·:~e~ :~ ...'..~x ., .... .,. ' ...... ~ ~,;:;~.:. g a , ,,, '..,:[~ ~' ., , . :?' ,~,, , . ~,; .. ~. . ~ · ',! '' .... ~; ~' '' '. ~"" ~ '.!:~- ~ Z ~'~ '" '"~ ':' ' ~ 0 ~ 1 ...... ,. ,. .... F//':./' - ", .~. g. ~ .... ~ ~ . ...~_ .., ...... .,. · < < ' ,i I I I I I I i I i I I i I I I I I I SEBASTIAN INLET MARINA & TRADING CO. 9301 HIGHWAY A1A, SUITE #4 VERO BEACH, FL 32963 SEBASTIAN VILLAGE DEVELOPMENT, INC. 1627 U.S. I-[IGHWAY #1 SEBASTIAN, FL 32958 SEBASTIAN RESORT PROPER'IXES, INC. P.O. BOX 780899 SEBASTIAN, FL 329784)899 CHUMP INC. P.O. BOX 782083 SEBASTIAN, FL 32978 DEWEY WALLACE 1691 EISENHOWER AVENUE MELBOURNE, FL 32935 OYSTER POINT RESORT CONDO ASSOC. P.O. BOX 899 SEBASTIAN, FL 32978 SPECTRA DEVELOPMENT INC. 5700 GULF BOULEVARD ST. PETERSBURG BEACH, FL 33706 NIKOLAI A.J. LADANYI c/o SEBASTIAN HARBOR LTD. 1540 INDIAN RIVER DRIVE SEBASTIAN, FL 32958 BURNEY & IUDITH CARTER P.O. BOX 780266 SEBASTIAN. FL 32978-0266 TWL PROPERTIES INC. 1623 N. U.S. HIGHWAY #1, SUITE B-2 SE~, FL 32958 EUROMANAGEMENT INC. I0 NE THIRD STREET FT. LAUDERDALE, FL 33301 OYSTER BAY II CONDO OWNERS ASSOCIATION 1570 U.S. HIGHWAY #1 SEBASTIAN, FL 32958 CATHERINE K. TIMM 1620 N. CENTRAL AVENLSE SEBASTIAN, FL 32958 AKE & MARY SANDSTROM 2O4 SEBONAC ROAD SOUTH HAMPTON, L.I., NY 11968 FERN GAl)Dm 4121 MUSTANG ROAD MELBOURNE, FL 32934 RONALD & MARGARITE RENNICK (TR) 15 ROYAL PALM BOULEVARD VERO BEACH. FL 32960 MARIA HART 1546 U.S. HIGHWAY #1 SEBASTIAN, FL 32958 DAMIEN ~ILLIAMS & BONNIE FEY 1623 U.S. HIGHWAY #1, sU'rTE A-5 SEBASTIAN, FL 32958 JAMES J. ABELSON, P.A. 1623 N. U.S. HIGHWAY #1, SUITE A-3 SEBASTI3aN, FL 32958 DOUBLE M. PROPERTIES 2205 14TM AVENUE VERO BEACH, FL 32960 I I I I I I I I I I i I i I I I i I ! .vr~ & mDtT~ ~ATCLnV O BEACH, EL 32962 tZ FAIV~LY LTD PARTNERSHIP DA~ L ~SEL~ 58 ~R R~ D~ BASTIk, ~ 32958 ~ WA~R CO. [613 U.S. ~GHWAY ~1 BAS~, ~ 32958 BERTA ~C~R & SUS~ JONSON 3 U.S. ~GHWAY ~1 SEBAS~, ~ 32958 BRUDDOCK BOOKKEEPING & TAX SERVICES · BOX 780968 ASTIAN, FL 32978 .'OHN & MELINDA COLLINS tlR0 55TM SQUARE O BEACH, FL 32966 ! ! ! ! CHARLES CLAY PRICE & ASSOCIATES, P·A. P.O. BOX 698 SEBASTIAaX( FL 32978 MARY JAa'CE IYNDERI-ffLL (TR) 1619 U.S. HIGHWAY #1 SEBASTIAN, FL 32958 CARMON & DONNIE STROBEL 68777 DEQUINDRE ROAD OAKLAND, MI 48363 H.J. ELBERS 151 BOUNTY LANE PONCE INLET, FL 32127 JAMES & CATHY SPOTO (TR) 7 ORION IRVINE, CA 92612 ELMER C. CARPENTER 718 W. FISCHER CI]:~CLE SEBASTIAN, FL 32958 NOllC~ -~, .' CITY OF SEBASTIAN - INDIAN RIVEI~ COUNIY. ~ FLOI~IDA ~u~n~'tO ~ 20~19A.D of file Land'Oe~dopme~ Code of the has scheduled ' a Qua~Judicial December 15th, 1999, ,e 7.-00 p.m, :n She C~ Ccxmal Chambers, C~ty Hall, 1225 M~h~ SI~_ Sebastian, Fkxid~ to Comidar ~apsx~ving a ,.q.~st ~x a ,,,~.~ ~.~. 20A- 1 9.8. ! ~G[H].3, ' 20A.' 19.8.2.C2, and 20A-19.B. ZD.I of the land Development Code regarding sign rec~ within the Rive~ro~ Ow-lay ~ The oe is'1580 U.S..Hk~/#I, Key West Inn. Cu~erd ~ is GMC Del~alme~f, '1225 Male Street, Sebastian, ;..Florida, Monday appeal any decision which may be mac~ bythe cay Cared m this ve~atim rec~d ~ the is made which reQ~d indudes the testimony and e~ upon which the appeal will be based. (286.0! 05 F.5.) In OOml~iance ~ the with Disabilities Ad (ADA~ who needs specid flora fo~' this mee~ shodd c~n- ~ the C'~/s ,aDA menfamt~' (561) 589-5330 at ~ 48 hours B~. Tracy Hass Novembe~ 30, 1999 1804835r I I I I i I I I I I I City of Sebastian, Florida Subject: Revision of Preliminary Plat for Rear Setbacks at Sebastian Lakes PUD. Approved~~~~r Submittal Agenda No. Department Origin: Growth Management Traey E. Hass ~ Date Submitted- December 06, 1999 For Agenda of.' December 15, 1999 Exhibits: staff summary and recommendation, minutes of 12/02/99 P&Z meeting and letter of request from Bill Handler for GHO Homes, Inc. , fi.'qq *¢1 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A REQUIRED: None N/A SUMMARY GHO Sebastian, Inc. is requesting a modification to their Preliminary Plat relating to the rear yard setback. The Preliminary Plat establishes the rear yard setback at thirty (30) feet and GHO is requesting a change to reduce said setback to twenty-five (25) feet. Attached herein you will find a letter of request from GHO Sebastian, Inc. for modifYing the setback of Lot 50 (exhibit C attached). The request was reviewed and approved by the Board of Adjustment. The lot in question is the future site of a model home. Unfortunately, during further site evaluation and layout details, GHO discovered that the typical lot layout would not permit the typical house plan as originally planned. The idea is that modifying the rear yard setback will offset the street curvature along the front property lines. Attached you will find exhibit A (existing setbacks) and exhibit B (proposed setbacks). Modification to the rear setback will have a minimal impact to both Sebastian Lakes residents and surrounding property owners/residents. The vast majority of the rear yards are interior facing and abut interior lakes. Even the perimeter lots generally abut lakes along Granduer and Laconia Streets. In addition, there is a landscape berm beyond the lake that will act as an additional buffer for the neighboring lots. It is generally felt that the five (5) foot rear setback modification will have little or no impact on adjoining property owners. Therefore, staff recommends that the rear setback for Sebastian Lakes lots be modified from thirty (30) feet to twenty-five (25) feet. The Planning and Zoning Commission recommended approval to the City Council of said request at a Public hearing held on December 02, 1999. The motion passed 5-0 in favor. RECOMMENDED ACTION Review proposal and move to adopt Resolution No. R-99-61 approving a modification of the Preliminary Plat for Sebastian Lakes PUD to reduce rear setbacks from 30' to 25'. PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF DECEMBER 2, 1999 OLD BUSINESS: A. QUASI-JUDICIAL HEARING - Recommendation to City Council - Modification to Preliminary Plat - Sebastian Lakes PUD - Rear setback. At this point, Chron. Schulke declared a conflict of interest as he is representing the applicant. He turned the gavel over to Mr. Mahoney(a) as acting Chairman. Mr. Mahoney read the procedures for a quasi-judidal headng. He then opened the headng. Mr. Joseph Schulke, Knight and McGuire & Assoc., Vero Beach, Flodda was present representing the applicant. Mr. Schulke, Tracy Hess, and Jan King were sworn in at 7:11 P.M. by the Acting Chairman. Mr. Schulke gave a presentation on the request to reduce the rear setback from thirty (30) fL, to twenty-five (25) ff. to accommodate the vadous models that GHO builds. He noted that this has become necessary because of the curvature of most of the streets in this PUD. No ex par~e communications were reported. Tracy Hass gave staff presentation and recommended approval. He noted that the Board of Adjustment had already granted a waiver on this same request for Lot 50 in order that the builder could proceed with his model home without further delay. Mr. Hess then explained that if this modification is approved, it will affect the setbacks on all of the lots in the subdivision. There was discussion on the procedure for a modification to a Preliminary Plat. Mr. Mahoney(a) opened and closed the public hearing at 7:21 P.M., as there were no proponents or opponents present. MOTION by Gerhold/Evely(a) I make a recommendation that we approve the modifications to the Preliminary Plat for to Sebastian Lakes PUD to reduce the rear yard setbacks from thirty (30) feet to twenty-five (25) feet. Roll call: Ms. Vesia - yes Mr. Mahoney(a) - yes Mr. Genhold - yes Mr. O'Donnetl - yes Mr. Evely(a) - yes The vote was 5 - 0. Motion carded. GHO Sebastian, ]:nc, September 29, 1999 City of Sebastian Mr. Tracy Hass, Growth Management Director 1225 Main Street Sebastian, Florida 32958 Fax: 561-589-2566 Sebastian Lakes - Typical Lot Detail Modification of Rear Set Back Dear Mr. Hass: As we discussed enclosed please find a copy of the City of Sebastian's approved "Typical Lot Detail" section of the Sebastian Lakes PUD Phase 1 plan; marked Exhibit 'A". Please note the rear set back is listed at 30'. Sometime after the submission of this plan and it's approval (at my request) our engineer Joe Mayer, PE modifed this rear set back on the Final Construction Plans to allow for ~ 25' rear set back, as shown on Exhibit "B" aslo attached. I assume he was unaware that this change would not modify the approved plans when sumbitted at the final stage. -' In any event, I would like to request that this change be permited and made part of the approved plans for the entire Subdivision. Please note that the open space calculations have been caculated with the 25' rear set back included and thus this will not interefer with that requirment The main reason I originally requested this change and am now formally requesting it from the City is that the streets have a great deal of curve to them and this effects the placement of the homes, in effect setting them "off square". I have attached a proposed site plan for lot 50, as you can see the problem I am running into is because the lots are not square which requires the building to be set parallel with the property lines and not the front and rear set backs. The other effect this has is shorting the effect CGC-0142.25 File: L~' Recl Change Rear S, et 8e¢c Rev, Oa~e: 9~ II II I II I II II I IIIIIII II IIII I ~ ~ 5670 Corporate Way · West Palm Beach · Florida · 33407 (561)688-2020· fax (561)688-0909 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i © GHO Sebastian, Inc. Page: 2 of 2 ,, length of the lots for building purposes. It is typical that the home will be set at one front set back comer and the opposite comer will govern if the home will fit on the lot, thus leaving us with 2 large triangle of open space. The effect of the large II'Jangle area and the curving roads will certainly add character to the Subdivision, which was why it was originally designed like that. Currently, the building permits for our initial 2 model homes are pending review and one home has been designed and placed on the lot which will not comply with the 30' rear set back requirment. I would request that if Staff can approve this change they do so, otherwise I would like to request to be placed on the Agenda for your Ocotber 13, 1999 meeting to present this to the City Council and hopefully gain their approval. If any other information is required or would be helpful I would be glad to supply it upon your request. Thank you for ~our time and effort in considering my request. / Sincerely' X/~_- GHO Hom/~s~, GHO Sebast. Jan~ Thc. Bill H~-~~ CC: George City of Sebastian - Building Offical Joe Shulke, PE - Knight, McGuire and Assoiates Joe Mayer, PE - Bussen-Mayer Stuart Houston - Houston & Price Land Surveyor CGC-01422§ File: Lb" Req c__J~e R~3r Se{ B.acX Rev, Date: 9~9 5070 Corporate Way · West Palm Beach · Florida · 33407 City of Sebastian T_~5 ~IN ST~E_--~ ~ SEBASTIAN. FLORID.~ 32958 TELEPHONE {~61} 58~-5537 Q ~,~X (~61} 58%2~&6 ":,~ FAX Number: Date/Time: To; Gro~rth, ~Ia_nagernent Department FAX Transmission Cover Sheet Fram: G O',r"k~-C C t' You should receive ~pages, including this cover sheet. do nat receive ail of the pages, please call-(SG1) 539-5537 if you i I II ! ~ Iii I i VICINITY MAP ~o,o-,/..~.)z_ , ,50' MINI. ._-._ ~ ,' ,.' -~-1 I ~~- " .~...~ ,~.-~---- ~ , ~ ~ ' ~ ............ ~ · -~ ~ I ('OP~ONAL FOR EACH L'OT) i I I' I . ' SET-~ACK , I ~,,,-m ~,~ I ' 5' SET-BACK I, I - '~ UNO~ A~R w/ i i I IUII' '" "'""*:";' ~ "~ :' S ' x SET / 5' S~- BUILDING F-- kGE-':'DE~AILS 5'____- MAXIMUM-/ I c~- SETBACK F · ..-TAILS. BACK. .. BUILDING --~J . BACK · -'T~LS/ ~ ¢ I ~ r/',. ~...... ',~ - · - .-~ I D ~-~--~ ~..,~, o, I ' ' ' x - (L:-'TS 1-4 '~-~'.. ':." ·. · :i':~.~.::...,' · ~ I · .;;., · ~. .~ ~-: _ :i!~i': '- '.~. ".?:'~'-.' ..?_'~-,,:~ .~? ,; I ""?: '" '";':L' "' "'-': ' ': ::':'"~' ' ~.. //,,~ '--:!¥.- i...Ni'- -:'--:sb"-~i: .... .:.:... . /~,,~ · · . :..:: '::,..-? %';~-: -..~....-. ,: -.' p- · ~ · · , :.-. :.,:'. -'. RiGHT-OF";WAy . ~ .,, ¢/ i Inc. ~. · · . -.'' i~-'~. .-'; I~', ICALL~¢.,.I....-DEIAIL / I 3NS: NOTE! -. .... ~..'-:,-... / // O'.cJ · 1.) s~D~ co~ SE-r¢_S~'- ."'?"'-.'.. '"; " // '~ '",~ · . ~ q',' .... © I ICE ELEVATI©NS ,~L,,~,T OF: SL./F~V~--T F::OF~: / -FI~ACT D-- I NOT, E: SITE l_~ UNDEP-- COIq.STRUC. T'IO1W IP'1PI:::~O%/EP'IENT$ .~PlOIAII'q ARE P~OPO..~EE) UNLESS OTMEF'-.IA[ISE INDICA-FEID'.. SI:-IQNN ARE PRQPO,~ED I P~rmit Ap~licadan Na. City of Sebastian 4 Development Order Application ~/Applicam: (If not owner, wrf~en authorization Inotarized) from owner is required) Address: m · , Phone Numbec (,-. , ) . _ ~- _ ...~ ,/-¢ FAX Numner: Owner'"ilf different from applicant) Address: Phone Numben ( ) : - FAX Number. ( ) I I I i I I I E-Mail: action re. quo. steel: ~ _ ~ ~ ~ icc- m~ r~-~t .._ PL&~S~ COMPLET~ ONLY THOSE SCOt. NS WHICH AR~ NEC~SAR~ ~OR ~ PERMIT ~R A~ON THAT Y~ AR~ ~E~U~STiNG. COPIES OF ALL ,~PS, SU~V~S, ~WiNGS, ETC. SHA~ B6 A~ACHED AND 81/2' BY 11 ' COPIES OF AN~ A~ACHMENTS FA. Project's Name (if appli~5.1_l/~J I B. Site Info~atio O Lot: Block: U~: Su~ivision: i I I I I Indian River County Parcel Zoning Classification: (%25~-d~~W Land Use: C. Description of proposed activity and purpose of the r~queSted permit or ~tction (attach e~-tra shee~ if DATE RECEIVED: l._0 /!..~_/~ FEEPAID:$ ~ RECEtVED~Y: ~ i i I I I Form C~ZOO'r [ c~=r-~ved: OE,'2T/gT J Nevi. sion: PaEe I of ~ Rle N~me: ID. Praje~ Personnel: Agent: I Dhane NumD-~ (~ I A ~omey: Pnane Numbe~ ( i ~ngin~er: : Sure,or: ;Name' Address IWHQ]S P~gONALLY '~O~/N i} Ac~rav~: 08~7/97 P~rm~ Applica~an N(~. The follawin~l is required far all ¢omprehen$1ve plan amenclment~, zoning amendment (including rezonin~)~ site plan~, conditional use pe~i~ special use pe~it=, va~ance~, exc=p~an=~ and appe=l~. SUBJECT OF ~15 APPLICATION, HEREBY A~HOR~ ~CH AND ~EDY M~MBER OF THE Notar'y's Signature Printec~ Name of Notary Commission No./~zp~'r~tion Seal: I/~,fVE HEREBY WAP,/m_ ANY O~,JECTIQN OR 0EF--NSE IANE ~Y NAVE, DUE TO THE QUASI-JUD~CJAL NATURE OF ~E PROCeeDINGS, RBSULTING FROM ANY BOARD/COMMISSION M~MB~ ENTERING QR ~VlNG THE PROPE~, INCLUDING ANY THiS WAI~R A~ (~ENT IS BEING SIGNED BY M~US VOLU~ARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR who [S ae~onally kRown ~O m~ or pro~ug~ ~s i~ifica:ian, mis ~ day of ~l~..~t/ . ~ ~ . I I I I I I I I I I I I I I I I i I RESOLUTION NO. R-99-61 A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING PRELIMINARY DEVELOPMENT PLAN FOR SEBASTIAN LAKES PUD PHASE I TO MODIFY REAR YARD SETBACK CONDITION; PROVIDING FOR CONFLICT; PROVIDiNG FOR EFFECTIVE DATE. WHEREAS, the Preliminary Development Plan for Phase I of the Sebastian Lakes PUD provided a rear yard setback of 30 feet; and WHEREAS, absent said specification, the rear yard setback in the underlying zoning district would be 25 feet; and WHEREAS, subsequent plans for the PUD inadvertently incorporated the 25 foot . standard for this setback, and the Developer has requested that the Preliminary Development Plan be amended to modify the rear yard setback accordingly; and WHEREAS, the Planning Commission has held a public hearing on said request and, along with staff, recommends approval of the same; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. APPROVAL. The City Council hereby amends the Preliminary Development Plan for Sebastian Lakes PUD Phase I to reduce the rear yard setback requirement from thirty (30) feet to twenty-five (25) feet. Section 2. CONFLICTS. conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. immediately upon its adoption. All resolutions or parts of resolutions in This resolution shall take effect A motion to adopt the foregoing Resolution was made by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward J. Majcher, The Mayor thereupon declared this Resolution duly passed and adopted this 15th day of December, 1999. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Chuck Neuberger, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney IHENRY A. FISCHER 755 S. FISCHER CIRCLE SEBASTIAN, FL 32958 TIMMOTHY & REBECCA NOLAN 1213 LARKSPUR STREET SEBASTIAN, FL 32958 tARL & PATRICIA COINS 1208 LARKSPUR STREET EBASTIAN, FL 32958 2ECIL & MARY RAMSEY 13 BEVAN DRIVE iSEBASTIAN, FL 32958 3AUREN E. GLASCO I MAPLECREST CIRCLE JUPITER, FL 33458 DONALD & CONSTANCE PATTERSON Ii 1802 RELAY DRIVE :IRIDGETON, MO 63044 ~UIS & GLORIA ALAVA ONDERDONK AVENUE GEWOOD, NY 11385 Ii.L. SEBASTIAN INC. 105 S. RIVERSIDE DRIVE, #100 itNDIALANTIC, FL 32903 5DGAR & ANA AVELLANEDA 4 QUENTIN ROAD, ~6D BROOKLYN, NY 11223 USAN L. GALLAGHER 200 S. MIRROR LAKE DRIVE EBASTIAN, FL 32958 MI BARBER 302 BAYFRONT TERRACE SEBASTIAN, FL 32958 GARRY & SUZANNE WILLIAMS 1205 LARKSPUR STREET SEBASTIAN, FL 32958 WILLIAM & JOSEPHINE BARKER 1214 LARKSPUR STREET SEBASTIAN, FL 32958 ANDREW & DONNA FERRIS 1207 BEVAN DRIVE SEBASTIAN, FL 32958 ROGER & JOY CAREY 1202 LARKSPUR STREET SEBASTIAN, FL 32958 RICHARD & PATRICIA SCHLOSSER 817 TULIP DRIVE SEBASTIAN, FL 32958 CHARLES & ALICE BRENNAN 1208 N. 31~r AVENUE HOLLYWOOD, FL 33021 KODLrVAYALIL & THANKAMMA RAJANKUNJU 10 REED DRIVE ROSLYN, NY 11576 ALMA CASTILLO V. DE LEON 4 AV 17-08 ZONA 14 GUATEMALA CITY 01014 GUATEMALA, CENTRAL AMERICA CHARLES & KATI-IRYN VAUGHN 11906 GRAN CRIQUE COURT S. JACKSONVILLE. FL 32223 HOWARD & ntENE SMITH 1134 BREEZY WAY, #3-A SEBASTIAN, FL 32958 ALBERT & KATHERINE PHILLIPS 1138 BREEZY WAY, #3-C SEBASTIAN, FL 32958 VINCENT P. SERMAN 1142 BREEZY WAY, #3-E SEBASTIAN, FL 32958 MARVIN & LINDA REARDANZ 324 ELM STREET MANTENO, IL 60950 LEE SHAEPE & GAIL LEARY 1150 BREEZY WAY, g4-A SEBASTIAN, FL 32958 JOHN & CATHERINE SMITI-I 1154 BREEZY WAY, ff4-C SEBASTIAN, FL 32958 JOSEPH & HELEN MUNGO 1158 BREEZY WAY, g4-E SEBASTIAN, FL 32958 LOUIS & ALICE LOCARNO 49 STANNARD AVENUE BRANFORD, CT 06405 CYNTHIA COX GENTRY 1166 BREEZY WAY, #5-A SEBASTIAN, FL 32958 ELIZABETH D. McKECHNI]E 1170 BREEZY WAY, #5-C SEBASTIAN, FL 32958 VIVIAN E. BASSETT 1136 BREEZY WAY, #3-B SEBASTIAN, FL 32958 ANGELA VIVEIROS & ALBERT CEDRONI 1140 BREEZY WAY, #3-D SEBASTIAN, FL 32958 JOHN POST & DIANE FORD 1144 BREEZY WAY, #3-F SEBASTIAN, FL 32958 GARY & DIANE HENRIQUES 502 MADINGLY ROAD LINTICUM, MD 21090 VINCENT & GLADYS SKURA 1152 BREEZY WAY, g4-B SEBASTIAN, FL 32958 BETrY H. FLLOYD 1156 BREEZY WAY, g4-D SEBASTIAN, FL 32958 DIANE REYNOLDS & ANTHONY COLANGELO 1160 BREF_2Y WAY, g4-F SEBASTIAN, FL 32958 ARTHUR & VIRGINIA BAUER 1164 BREEZY WAY, g4-H SEBASTIAN, FL 32958 MARIE A. BOOKOUT 1168 BREEZY WAY, #5-B SEBASTIAN, FL 32958 FRANCIS & DOLORES MARTIN 1172 BREEZY WAY, #5-D SEBASTIAN, FL 32958 PTC ENTERPRISES INC. P.O. BOX 231 OKLANDO, FL 32801 lINE)lAN RIVER COUNTY (LOC 4300 #5281) 1840 25m STREET VERO BEACH, FL 32958 LIZABETH A. PEETS 1102 BREEZY WAY, #1-A EBASTIAN, FL 32958 I!VA SCHOFIELD & PEARL COMERFORD 106 BREEZY WAY, #1-C SEBASTIAN, FL 32958 iLIZABETH M. REDY (TR) 10 LAKEVIEW DRIVE ORAIN, OH 44053 GERALDINE M. HALES I114 BREEZY WAY, #1-G ;EBASTIAN, FL 32958 LTI. RUSSO 1118 BREEZY WAY, #2-A IEBASTIAN, FL 32958 I1ORIS W. GARNETr 22 BREEZY WAY, #2-C EBASTIAN, FL 32958 IHARLES & MARION BLEAKLEY 126 BREEZY WAY, #2-E SEBASTIAN, FL 32958 i i~LFRED & ANNA MUNGO 130 BREEZY WAY #2-G EBASTIAN. FL 32958 GHO SEBASTIAN INC. 5670 CORPORATE WAY WESTPALM BEACH, FL 33407 SEBASTIAN LAKES MASTER ASSOCIATION 5670 CORPORATE WAY WEST PALM BEACH, FL 33407 OLIVER & MURIEL FRIEND 1104 BREEZY WAY, #1-B SEBASTIAN, FL 32958 DONALD & BETTY PERRY 1108 BREEZY WAY, #1-D SEBASTIAN, FL 32958 LOUIS R. PALLE 1112 BREEZY WAY, #1-F SEBASTIAN, FL 32958 JOSEPH & CARMELLA DIPIETRO 129 REDMONT ROAD STAMFORD, CT 06903 PATRICIA M. McQUEEN 1120 BREEZY WAY, #2~B SEBASTIAN, FL 32958 RUTH M. HIMMLER 1124 BREEZY WAY, #2-D SEBASTIAN, FL 32958 CLIFFORD SMITH 1128 BREEZY WAY, #2-F SEBASTIAN, FL 32958 MICHAEL NAPPI (TR) 1132 BREEZY WAY, #2-H SEBASTIAN. FL 32958 FRED & EUNICE SWEEZEY 1174 BREEZY WAY, #5-E SEBASTIAN, FL 32958 RICHARD & VERNA WHALEN 88 SPOOK ROCK ROAD SUFFEN, NY 10901 WILLIAM & PEGGY CANNON 11961 YARMOUTH COURT BRiDGERON, MO 63044 DIANE DELAP 70 MORAVIA ROAD AVON, CT 06001 CHARLES & PATRICIA COONRAD 1190 BREEZY WAY, g6-E SEBASTIAN, FL 32958 jAMES G. CONNORS 1194 BREEZY WAY, #6-G SEBASTIAN, FL 32958 DOROTHY HARRISON & SHIRLEY FISCHER 1198 BREEZY WAY, #7-A SEBASTIAN, FL 32958 LEONORA V. SMITH 1202 BREEZY WAY, #7-C SEBASTIAN, FL 32958 VIRGINIA A. McCABE 1206 BREEZY WAY, #7-E SEBASTIAN, FL 32958 EDWARD & EVANGELINE AHO 1210 BREEZY WAY, #7-G SEBASTIAN, FL 32958 LESLI D. CASE 1176 BREEZY WAY, #5-F SEBASTIAN, FL 32958 ROBERT & LOUISE DALY 5 DORSMAN DRIVE CLIFTON, NY 12065 THOMAS & KATI-ILEEN LOMBARDI 1184 BREEZY WAY, #6-B SEBASTIAN, FL 32958 ALFRED & ALICE GAURON 1188 BREEZY WAY, #6-D SEBASTIAN, FL 32958 CAROLYN J. FREY 1192 BREEZY WAY, g6-F SEBASTIAN, FL 32958 BERNARD G. MARCINKOWEY 1196 BREEZY WAY, g6~H SEBASTIAN, FL 32958 ALVINA R REINERT 1200 BREEZY WAY. #7-B SEBASTIAN, FL 32958 NICHOLAS & VIRGEqlA ZAHN 1204 BREEZY WAY, #7-D SEBASTiAN, FL 32958 HARRY & HELLERIA WISEMAN 1208 BREEZY WAY, #7-F SEBASTIAN, FL 32958 FRANK & BERTHA GOLLE. IR_ 1212 BREEZY WAY, #7-H SEBASTIAN, FL 32958 STEPHEN & BETTY HAMRICK 1065 BLOSSOM DRIVE SEBASTIAN, FL 32958 RUSSELL & ERLYN MANN 073 BLOSSOM DRIVE EBASTIAN, FL 32958 ARY CONKLIN & BARBARA BUFFARD RR #2 RTE 301 BOX #9 OLD SPRING, NY 10516 tLSIE V. ROLLE 107 BLOSSOM DRIVE SEBASTIAN, FL 32958 12uEOEL DON)dS 56 BOIS CLAIR BOISBRIAND BEC, CANADA J7H lB7 ANDREW & CLEO HART 131 BLOSSOM DRIVE EBASTIAN, FL 32958 tYNTI-IIA THOMAS 53 DANTLACK COURT %ARBOROUGH, ONTARIO ADA M1V 4L5 /ol~RONGRESS ALD A. GRESS 140 TREASURE LAKE UBOIS, PA 15801 ICHARLES & LINDA STII. LMAN 1167 BLOSSOM DRIVE SEBASTIAN, FL .~29>8 THOMAS & DORIS McNUT'F I 1191 BLOSSOM DRIVE :SEBASTIAN, FL 32958 LUZ S. SINGH 1069 BLOSSOM DRIVE SEBASTIAN, FL 32958 CHI-LYAN & HSUN YI CHAN HSU 9F #5 ALLEY 5 LANE 94 WEN-LIN N RD TAIPEI TAIWAN R O C LILLIAN M. PANITZ 40 BASSETT STREET ANSONIA, CT 06401 Wll &lAM & SANDRA FISCHER 4460 GElVlINI ROCKFORD, MI 49341 DONALD F. SUAREZ, SR. 1125 BLOSSOM DRIVE SEBASTIAN, FL 32958 VEIJO VOUTILA 4325 1s'r STREET GRANT, FL 32949 SHIV & SAROJONIE PAURAY 973 CODY AVENUE SEBASTIAN, FL 32958 LIN'DA ANN VALENTINi 1167 BLOSSOM DRIVE SEBASTIAN, FL 32958 HIRAM & ELIZABETH SESSOMS 1179 BLOSSOM DRIVE SEBASTIAN, FL 32958 GERALD B. FREDLUND I 119 BREEZY WAY, #8-A SEBASTIAN, FL 32958 NORMAN & HELEN STEVENS 22 STEVENS LANE, BOX 74 CANDIA, NH 03034 WARREN & LORRAINE GUTHENBERG 1127 BREEZY WAY, #8-E SEBASTIAN, FL 32958 SAMUEL & DOROTHY KUTZ BOX 41 LAKESHORE DRIVE LAKEVILLE, PA 18438 MICHAEL J. McNALLY P.O. BOX 650531 VERO BEACH, FL 32965 JOSEPH & SUSAN PALERMO 1125 BREEZY WAY, #8-D SEBASTIAN, FL 32958 WALTER & THERESA LIPP 1129 BREEZY WAY, #8-F SEBASTIAN, FL 32958 ELIZABETH J. WOOD 1133 BREEZY WAY, #8-H SEBASTIAN, FL 32958 EDWARD & JEANNETTE GRIECO 824 ROSEBUSH TERRACE SEBSATIAN, FL 32958 DEBORAH S. DESENA 046 LACONIA STREET EBASTIAN. FL 32958 iJACK & DOROTHY BREWER 243 BAKER STREET iSTAHAM. GA 30666 I(1VONNE I. EDWARDS 5 WEST 59TM STREET, #29L NEW YORK, NY 10019 EUL & MARIA HERNANDEZ 25 SARRINGTON STREET '-FLUSHING, NY 11354 ! AMANDA L. SHAW A, FL 33610 ICENT & SUZANNE CARBONE 1168 CLEARMONT STREET fEBASTIAN, FL 32958 ALM BEACH, FL 33480 ?12AVID & CATHERINE VINCENT 2 MAPLE AVENUE PATTERSON, NY 12563 I S.L. SEBASTIAN INC. 105 DRiVE. #100 S. RiVERSIDE IINDIALANTIC, FL 32903 AN1TA EVEE P.O. BOX 441443 W. SOMMERVILLE, MA 02144 FRED ANDERSON I001 FOSTER ROAD SEBASTIAN, FL 32958 VERNA & ARLINE HANSON 625 MARBELLA HELMET, CA 92543 HORST ROHR (DIPL-KFM) WIESENHAIN 6 65207 WIESBADEN GERMANY BOBBY & MARGARET BAKER 875 ROSEBUSH TERRACE SEBASTIAN, FL 32958 GERALD .1. LAVIN 448 HAWKEY AVENUE BRIDGEPORT, CT 06606 BRADLEY K. BELKNAP 1162 CLEARMONT STREET SEBASTIAN, FL 32958 TIMOTHY SMrFH II & STEPHANIE & TIMOTHY SMITH 1037 BLOSSOM DRiVE SW SEBASTIAN, FL 32958 FRANK R. GRUDZINSKI 16 REID STREET YATESVILLE PITTSTON, PA 18640 BESSIE ROSE JOHNSON 2672 NW 64TM TERRACE MARGATE. FL 33063 ORLANDO & DORA CUADRA 1126 HOMER STREET NW PALM BAY, FL 32907 ROBERT & TINA GIAMBANCO 865 TULIP DRIVE SEBASTIAN, FL 32958 DEBRA ANNE NEVILL 712 BORCHERS LANE CALDWELL, ID 83605 JOANNE & JOHN WIESSNER AND EILEEN & OLIVIERO PARETTI 699 N. WHITE HORSE PIKE HAMMONTON, NJ 08037 IGOR & ELIZABETH ANTIPOV 3253 TURTLE CREEK ROAD ST. AUGUSTINE, FL 32086 PAUL & JEANNE HICKS c/o KATHRYN COOK 1413 HARTMAN DRIVE LILBURN, GA 30047 CHARLES & DONNA HOOVER 1282 CLEARMONT STREET SEBASTIAN, FL 32958 RICHARD & THERESA SZMURLO 17 LORI ANN LANE KENSINGTON, CT 06037 ELSIE M. CROWE 1242 CLEARMONT STREET SEBASTIAN, FL 32958 ROBERT & SARAH BISHOP 8923 MACARTHUR COURT S. JACKSONVILLE. FL 32216 DAVID & DIANNE ELL 1432 SE 8TM STREET DEERFIELD BEACH, FL 33441 GEORGE & LORA CELATA 853 TULIP DRIVE SEBASTIAN. FL 32958 RUDOLF & EVA MARIA SCHMIDT AM PICHELSSEE 55 13595 BERLIN GERMANY HOYT H. BRANNON (TR) 10059 SALI DRIVE ORLANDO, FL 32817 ROBERT & JI.FD1TH JOHNSON 2606 BELLWOOD DRIVE BRANDON, FL 33511 CAROLYN K. MACFARLAND 1778 RT 47 P.O. BOX 542 WOODBINE, NJ 08270 EMMA T. URBANICK 4338 DUNGAN STREET PHILADELPHIA. PA 19124 TADEUSZ & REGINA RODZIEWICZ 33 JEFFERSON STREET NEW BRITAIN, CT 06051 ALBERT & HELEN DAVIS 1234 CLEARMONT STREET SEBASTIAN, FL 32958 DAVID & DONNA HAYES 4908 NW 30TM PLACE GAINESVILLE. FL 32606 I City of Sebastian 1225 Main Street Sebastian, Horida 32958 Telephone (B61) $89-5330 FAX (561) 589~$570 Subject: Construction Board Agenda No. 7 Department Origin: City Clerk~'X Date Submitted: 12/7/99 For Agenda of: 12/15/99 Exhibits: One application, board member list, advertisement Expenditure Required: I Amount Budgeted: SUMMARY STATEMENT Appropriation Required: The Construction Board currently has a regular member vacancy due to the term expiration of Jerald Smith, who is not eligible for reappointment since he has served two full terms. The application of Leonard Gulbraith has been on file and is the only one received. RECOMMENDED ACTION Interview applicant, unless waived, and appoint as follows: 1. Regular member position vacated by Jerald Smith - Term to expire 9/30/2002 II ! I APPLICATION TO SERVE ON CITY BOARD/COMMITrE]~ (All City Board and Committee Members Must be Residents of the City of Seb~ HOME ADDRESS: ~ HOME PHONE: ? g~-_ ~-~, o ? HOME FAX: E-MAIL: BusnN-ESS: BUSINESS ADDRESS: BUSINESS PHO~: f~9- ~ ~ fi3 BUS.SS F~: ~ YOU A ~GIS~D VO~K? VOTER REG. NO. HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? , DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SEKVE ON ANY OTHER CITY BOARD OK COMMITTEE? WHICH BOAKDS/COMM]TTEES? ~7 o PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDEK OF PREFERENCE WITH FIRST CHOICE BEING #1: BOARD OF ADJUSTMENT CHARTER REVIEW COMM1TYEE (sexves only 6 months every 7 years) CITIZENS BUDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD TREE ADVISORY BOARD OTHER TEMPORARY COMMITTEE C.o ,, ¢ r,~ ~,-_ ~,-¢,., ~_ ,,'e ~ (W~TE 1N COMMITTEE NAME) / REASONS FOR WANTING TO SERVE ON BOARD OR COMMrrTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: Iq. AVE YOU EVER BEEN CONVICTED OF ANY FELONY IN ~TIlS OR 7dNY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby c~rtify that I am qualified to hold the position for which this application is made. Further, I hereby authorize thc City of Sebastian to inve~ti§ate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or ommi~ion of information requested in this application is cau~ for disqualification. I have been provided with, read and understand City of Sebmtim Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or eommitlee is available if requested. Signature " .......... Notarv Pub~m,~Stat~ of Flo~da I' .'.' ~ .'~ u¥ C0~M~SS~0N # CC 740~78 \wp-£ormXapplicat. wpd rev. 4/5/99 City of 5¢bastian 1225 Main Street (3 5ebaslian0 Florida 32958 Telephone (561) 589-5330 Q F~x (561) 589-5570 E-Mall: d't'ys~b~iumet NOVEMBER 22, 1999 PRESS RELEASE CONSTRUCTION BOARD TIlE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL A KEGULAR MEMBER POSITION ON THE CONSTRUCTION BOARD FOR A THKEE YEAK TEI~M. QUALIFICATIONS: RES][DENT OF THE CITY OF SEBASTIAN AND LICENSED OR REGISTERED WITH THE CITY. TI--IE BOARD MEETS THE SECOND TUESDAY OF EACH MONTH AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED THROUGH MONDAY, DECEMBER 6, 1999. NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF 7/I/99 buND WILL BE REVISED AT THE BEGINNING OF EACH MONTH CONSTRUCrION BOARD 3 YEAR TERMS MEETS 2ND TUESDAY EACH MONTH - 7:00 P.M. THOMAS CECRLE 643 CHESSER AVENUE SEBASTIAN, FLORIDA 32958 58%3130 - Home 388-0520 - Work REGIYLAR MEMBER APPOINTED REGULAR MEMBER TO REPLACE MICKEY CAPP: 10/26/94 TERM EXPOS: 9/30/97 REAPPOINTED: 9/25/97 TERM EXPIRES: 9/30/2000 (currently in 2nd fifll term and 5th regular member year) MICHAEL HOLDRIDGE 734 ATLANTUS TERRACE SEBASTIAN, FL 32958 589-0834 - Work 5894202 - Home ELECTRICAL CONTRACTOR APPOINTED REGULAR TERM TO REPLACE C.NEUBERGER: 10/25/95 TERM EXPIRES: 9/30/95 REAPPOINTED ELECTRICAL CONTRA~OR: 10/14/98 TERM TO EXPIRE: 9/30/2001 (Currently in 2ND full term and 4TH regular member year) .IEEE. SMITH, SR_ APPOIN~XP PEG POSITION 9406 1262~k.~ ~ BY G. CAREY: 10/2S/92 571-0438 Home ~ ~ REAPPOINTED REG TERM: 11/10/93 589-6818 Business ~ TERM EXPIRES: 9/30/96 ~ ~KE~,~,oIN~ KE~ r~RM: 12/11/96 (~ently ~.~n ~m.~d 7~ r; ..... _ ............... MICHAEL HER.BIG 1519 CLEARBROOK ST. SEBASTIAN, FL 32958 388-0852 - Home 559-3435 - Cell 377-1522 - Page (alternate terms and years not counted) (lst full term - 4th Re~lar Member Year) APFTED ALT. CONCE~aX~D CITIZEN VACATED BY TRUMAN SMITH: 5/25/94 UNEXPIRED TERM TO EXPIRE: 9/30/95 APPTED KEG CONCERNED CITIZEN UNEXPIRED TERM VACATED BY KEITH MILLER: 10Il I195 TERM TO EXPIRE: 9/30/97 APPTD. TO PLUbIBING CONTRACTOR REGULAR MEMBER: 9125/97 TERM TO EXPIRE: 9/30/2000 84 I I I I I I '1 I i I I I I I I I i I I i i I I i ANDREW ALLOCCO 1485 BARBER STREET SEBASTIAN, FLORIDA 32958 388-3188 APPOINTED REGULAR MEMBER UNEXPIRED ENGINEER POSITION OF JOHN HEARNE: 2/24/1999 TERaM TO EXPIRE: 9/30/2000 (NO FULL TERM - IST REGULAR MEMBER YEAR) MEREDITH FOX 11301 ROSELAND RD. SEBASTIAN, FL 32958 388-5706 - Home 913-3747 - Ce!! APPOINTED REGULAR MENfBER CONTRACTOR POSITION VACATED BY WILLIAM DOYLE: 6/23/99 UNEXPIRED TEtLM TO EXPIRE: 9/30/2000 (No full term - ~ regular member year) LOUIS W. NICOLINI 1162 CROQUET LANE SEBASTIAN, FL 32958 388-5764 APPOINTED HARV CONTRACTOR POSITION: 10/14/98 TERM TO EXPIRE: 9/30/2O01 (1 st full term - 1st regular member year) PIERRE PAQUETrE 39 TREASUR~ CIRCLE SEBASTIAN, FL 32958 589-6976 APPOINTED UNEXPIRED ALTERNATE CONCERNED CITIZEN TERM VACATED BY H. SMITH: 12/11/96 TERM TO EXPIRE: 9/30/98 REAPPO~D ALTERNATE CONCERNED CITIZEN: i0/14/98 TERM TO EXPIRE: 9/30/2001 (Alternate terms and years not counted) IL SCOTT TAYLOR 117 ARCADIA DRIVE SEBASTIAN, FL 32958 589-0123 - Home APPOINTED ALTERNATE CONTRACTOR POSITION VACATED BY HEARNE: 10/14/98 TERM TO EXPII*,.E: 9/30/2001 (Alternate terms and years not counted) SEE ORDINANCE O-98-05 REGARDING TER2vlS. BOARD SECRETARY - KATHY NAPPI 85 I i I I I I i City of Sebastian 1225 Main Street Sebastian, florida $2958 Telephone ($B1) FAX (561) 589-5570 Subject: Tree Advisory Board AgendaNo. ~/' ~/ Department Origin: City Clerk · : ' Tree Advisory Board For Agenda off 12/15/99 Exhibits: Gordon Letter of Resignation, Tree Board Secretary Transmittal, Minutes, Section 2-175, Three New Applications, Board List I Expenditure Required: I Amount Budgeted: Appropriation Required: N/A [ N/A N/A SUMMARY We have received a resignation from regular member Virginia Gordon. We have received a request from the Tree Advisory Board to remove alternate member Charles Roth and regular member Danne Herlan for lack of attendance in accordance with Section £-173 of the Code of Ordinances (see that transmittal attached) There have been positions open due to resignations of regular member Fielding and alternate Brognano for some time, and this office has advertised many times with no responses. We recently received the three applications in your packet. We will now have three regular member positions and two alternate positior6open. Please keep in mind that Tree Advisory Board terms are two years. RECOMMENDED ACTION We recommend that City Council take the following actions in separate motions: 1) Accept the resignation of regular member Virginia Cordon 2) Remove alternate member Charles Roth and regular member Danne Hertan for lack of attendance in accordance with Section 2-173 of the Code of Ordinances 3) Interview the 3 Applicants, Unless Waived, and Appoint to Regular Member positions with the following expirations: a) Regular Member vacated by Fielding with term to expire 4/2001 b) Regular Member vacated by Gordon with term to expire 4/2001 c) Regular Member vacated by Roth with term to expire 11/2000 We will continue to advertise for the two alternate positions. Mrs. Virginia Gordon 1650 Whitmore Street Sebastian, FL 32959 November 29, 1999 City of Sebastian 1225 Main Street Sebastian, FL 32958 A'FI-N: Mayor Neuberger and City Council This letter is to inform you that because of health problems in my home, I find it necessary to resign from the Tree Advisory Board. If in the future, my situation changes, I hope to return to this Board. I I I i I Sincerely, I Virginia Gordon ! , ,I,,, ~.~' City of Sebastian, Florida Subject: Removal of members from the Agenda No. Tree Advisory Board Ap~~~ Origin: Tree Advisory Bo Date Submitted: 12/02/99 , For Agenda of: 12/15/99 Exhibits: 1) ~ Advisory Board minutes from meeting held 11/1/99 2) Sec. 2-173, of the Code of Ordinances EXPENDITURE AMOUNT BUDGETED: [ APPROPRIATION REQUIRED: None None l REQUIRED: None S~Y Due to Charles Roth and Danne Herlan's lack of attendance at the Tree Advisory Board meetings, the board at their regular meeting held 11/1/99, made and passed unanimously a motion requesting their removal from the board. RECOMMENDED ACTION Move to remove Charles Roth and Danne Hertan as members from the Tree Advisory Board. TREE ADVISORY BOARD MINUTES OF REGULAR MEETING OF NOVEMBER 1, 1999 2. inventory list of plantings - Chris McCarthy Mr. McCarthy provided an inventory of trees planted at Arbor Day ceremonies since 1996. At this point, the Board members each received a brief form to fill out, voluntarily, for the Dept. of Census. PUBLIC COMMENT: None CHAIRMAN MATTERS: None MEMBER MATTERS: Ms. Fulton noted that she would work up a draft agenda for Arbor Day for the next meeting. She also asked for a copy of last year's invitation. Ms. Brack, recording secretary, noted that Dawn Hass, Secretary, will contact Ms. Fulton to discuss these requests. Ms. Gordon announced that she will be resigning around the first of the year 2000, due to family involvements. There was discussion about the absence of Mr. Roth and Mr. Hedan. MOTION by Fielding/Fulton I make a motion have them off the Board so in case that we have new members coming in they will not be an encumbrance. (Danne Hedan and Charles Roth(a)) A voice vote was taken. 4 - 0 motion carded. Chmn. Fielding adjourned the meeting at 6:30 P.M. AB) i i I i i i I I I I I I I i i I i i § 2-172 SEBASTIAN CODE hearing, the member may present evidence and argument as to why the removal should not occur. The member may be represented by legal counsel and all proceedings shall be recorded on magnetic tape by the city clerk. The decision of the council may be either to remove. suspend, reprimand or to absolve the member. For purpose of this section, the effective date of removal of a member shall be immediately after the expiration of the time in which the member has the right to request a hearing before the city council. If the member timely requests a hearing, and if the city council decides to remove the member upon the conclusion of the hearing, the removal shall take effect immediately. If a member timely requests a hearing, but withdraws the request prior to the hearing, the effective date shall be the date on which the request was withdrawn. (Ord. No. 0-97-56, § 7, 9-25-97) Sec. 2-173. Attendance requirement. Notwithstanding any other provision of this Code, any board or committee member shall be automatically removed if, in a given fiscal year he or she is absent from three consecutive meetings without an acceptable excuse. An "acceptable excuse" is defined as an absence for medical reasons, business reasons, personal reasons, or any other reason which the chair of the board or committee deems appropriate. Upon notification by the chair of the board or committee that a member has not complied with the attendance requirement, the city council shall issue an order of removal. The effective date of removal shall be the date on which the order of removal was entered. Removal of board or committee members pursuant to this section shall not be subject to section 2-172. (Ord. No. 0-97-56, § 8, 9-25~97) Secs. 2-174, 2-175. Reserved. DIVISION 2. CODE ENFORCEMENT BOARD* Sec. 2-176. Created. (a) There is hereby created and established the Sebastian Code Enforcement Board. The board is created and established pursuant to the authority granted pursuant to the Local Government Code Enforcement Boards Act, F.S. §§ 162.01 through 162.22. (b) Those provisions of the Local Government Code Enforcement Boards Act, as set forth in F.S. §§ 162.01 through 162.22, which are not inconsistent with this division, are hereby adopted as ordinances of the city (Code 1980, § 2-91; Ord. No. O-93-16, § 1, 2-9-94; Ord. No. O-98-10, § 1, 11-18-98) *State law references--Code enforcement, F.S. ch. 162; code enforcement board, F.S. §§ 162.01 through 162.22. Supp, No. 17 CD2:18 APPLICATION TO SERV~ ON CITY BOARD/CO34M1WI~E (All City Board and Committee Members Must be Residents of the City of Sebastian) HOME ADDRESS: ~, ? .i..z.. ~)fi'L) BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A REGISTERED VOTER7 '/~..~ VOTER REG. NO. HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? 7 ~..~' DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?f -. DO YOU PRESENTLY SERVE ON ANY O~']'tER CTI'Y BOARD OR COMMITTEE? WHICH BOARDS/COMMH'TEES? ~ c) PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING # 1: BOARD OF ADJUSTMENT CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years) CITIZENS BUDGET REVIEW ADVISORY BOARD CODE ENFORCE~T BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD TREE ADVISORY BOARD OTHER TEMPORARY COMMITTEE (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attac.h separate resume if necessary) i--i,,~4 .5~.4',~o.K C,-,e-o-o/o-.~7"e.- oo/~"g .:y,',,-"~ ~ c.v~.~.~o/ REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIlqCATIONS TO SERVE ON BOARD OR COMMITTEE: i i HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or ommission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specitic~ or committee is/D-aitable if requested. Applicant Signature ~cribed and sworn to before me this 7.~ day of ~' ~,~'/,._o.~/, /~'~'~', by 7~;~~/~· ,~/~Z&~- , who is personally known to me, or has produced ~.---~'~ ,: ., : ,-: -. -~ 1 ~ . . / _Z .... ". ~NV. No,~ I/ubhc, S~at~ ot~Flonda ~ · -'-'. · i ~,~¥ ¢O~ls$10~ # CO · ' i. . ~'~ ~ E×P ~E$ March 18, 200~ t '~' Z . -" /~. form\app hcat. wtxl i -/~ rev. 4/5/99 i APPLICATION TO SERVE ON CITY BOARD/COMM]q~_. E:,.._ CiD (All City Board and Committee Members Must be Residents of th, rof s~b~'{i~~ BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: ---' BUSINESS FAX: --- E-MAIL: ARE YOU A REGISTERED VOTER? ~.) VOTER REG. NO. (I HOW LONG HAVE YOU BEEN A ~ENT OF SEBASTIAN? .~ ~. DO YOU CUKRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OK COMMITTEE? WHICH BOARDS/COMNfl~? PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING ~ 1: BOARD OF ADJUSTMENT CHARTER REVIEW COMMITFtS~ (serves only 6 months every 7 years) C1TI7A--TNS BUDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITrEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES PPLIC~tBLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR. COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU ~ BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPI~E IN THIS OR ANY STATE?. WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ,~ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigau: the truthfulness of all information which I have provided in this application. I un&rstand that any misrepresentation or ommission of information requested in this application is cause for disqualification I have been provided with, read and unda-stand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific bo~r ~mmitte~ is-~vailabl~ffrequestecL Apl~licant Signature who is personally identification. of/~/~,~.~. , //?,f',,/~, by kn6wn to me, or has produced \wp - form\ap plicat, wpd rev. 4/5/99 (,'dE" ;' '~:- MY COMMISSION ~) CC 725840 i I':'-~ ~'!~} EXPIRES:March 18,2002 i i i I I I i i I I i i i I I i I I c~PPLICATIO~ TO ,.SERYlt ON CITY BOARD/COMMITtEE (All City Board and Committee Members Must be Residents of the City of sebastian) NAME: LE',¢ ,0 ADDREss: t ~ u. c~, ~./-to,~ x ( ~T. HOME HOME PHONE: 5~ 003- OO ~ 7 HOIvlE FAX: E-MAIL: ~us~Ss: ' /4 / ~ BUSINESS ADDRESS: BUSINESS PHONE: BUSTSS FAX: E-M. AIL: AR~ YOU A REGISTERED VOTER? ~//~-.~ VOTER REG' NO. HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? Do You PRESEntLY SERVE ON ANY OTm~R cn'Y BOARD OR COMMITTEE? W~CH BOARDS/COMMrrTEES? /x/0 CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN oRDER OF PLEASE PREFERENCE WITH FIRST CHOICE BEING #1: BOARD OF ADJUSTMENT CHARTER REVIEW COblMITTEE (serve; only 6 months every 7 years) CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTF~ PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES _RECREATIONAL ADVISORY BOARD ~."' Tm!E ADVISORY BOA~m OTHER TE~,~'OR~¥ co~m-rEE APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) P,~A$ON$ ~OR WANT~ TO ~l~ O~ BO~ O~ CO~~: ~ ~ ~ ~ HAVE YOU EVER BEEN CONVIC~D OF ANY FELONY IN THIS OR ANY STATE? ~.vE you sv~ ~E~ C0~rWCT~ Or Am~ ~S~~O~ ~W0~.WO 'rU~tTUDE I~ mS O~ Am' STATE?. WOUL~ YOU C0mDEP, SEP, WO 0~ A ~OA~ o'r~ ~ T~ 0~(S) S~.L~CT~D ABOVE: ~4 D I hereby c~rtify that I am qualified to hold rig position for which this application is made. Further, I hereby authoriza thc City of Sebastian to invcstigat~ thc truthfulness of all information which I have provided in this application. I understand that any misrepresentation or ommission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a spedfie board or committ~ is available if requested. Subscrib~ and swo)m to before me this t:::'fO/~ day of (_,/~ _~qL..¢:V/,-?~_,?-¢,i..=,,,~-o as i&ntification. :.!';-'~'...-"[;]il ~ X~-fomhpplicaL~ rev. 4/5/99 /2"'fi"2 , by has produced I I I I I I I I I I I I I I I I NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF 7/1/99 AND WILL BE REVISED AT THE BEGINNING OF EACH MONTH. THESE POSITIONS ARE TWO YEARS ACCORDING TO THE CODE OF ORDINANCES. TREE ADVI[SORY BOARD 2 YEAR TERMS MEETINGS SHALL BE HELD AT SUCH PLACES AND TIMES AS SPECIFIED BY THE CITY COUNCIL FROM TIME TO TIME, AND SHALL BE OPEN TO THE PUBLIC. CATHY L. FULTON 249 EASY STREET SEBASTIAN, FLORIDA 32958 388°0570 HOME CHARLES D. CAKDINALE 474 THOMAS STREET SEBASTIAN, FLORIDA 32958 589-4892 HOME APPOINTED REGULAR MEMBER TERM VACATED BY SHIRLEY KILKELLY: 7/14/99 TERM EXPIRES: 4/2001 APPOINTED REGULAR MEMBER: 4/98 TERM TO EX?IR,E: 4/2000 APPOINTED REGULAR MEMBER: 9/25/9-7-- LrNEXPIRED ~ERM TO EXPIRE: 4/99 166 KILDARE DRIVE '~'--.. .//~ERM OF M_ARLENE ULISKY: 10/28/98 SEBASTIAN, FLORIDA 32958 ~. TERM TO EXPIRE: 4/2000 5894918 . ~/.____~ .........~...~.... . ............... ~G-I~-~O~N '~ .... APPOINTED REGULAR ~ER TE~ 1650 ~O~ ST~ET '"~VACA~D BY C~ BEH~ ~: 4/28/99 SEBAS~,~O~A 32958 ~---'~ TE~ TO E~I~: 4/1/2001 388-3260 ' ~" ~ C~ES R~ ~ ..,--"~PO~D ALTE~ATE ~MBER E~D 749 B~DI~ ~~ ..-' .... TE~ OF ~ P~N: 1~98 SEBAS~. ~O~A 32958 ~'~.%~ TE~ TO E~: 11/I/2000 589-8333 ~ % &PP~ITED ALTE~ATE ME~ER. ~/97 ~L~ BR~O 144 S. ~ROW ~ "TE~ TO E~: 1 ~/98 SEBAST~N, ~O~DA 32958 58~2~ BOA~ SECTARY - DA~ CO,PI CLAY FIELDIN6 ~197 G~~ STREET SEBASTIAN, FLORIDA 32958 58%4480 DANNE A. HEP, LAN APPOINTED REGULAR MEMBER UNEXPIRED 93 City of Sebas_.tian, Florida Subject: Yacht Club Boat Ramp Repairs Agenda No. Approved for Submittal by: Department Origin: Engineering Dept. Head: '~,~~_~ ,~?~ Finance: P_rocurement: __/-~, ~. Date Submitted: 12/8/1999 Exhibits: EXPENDITURE REQUIRED: $74,900 For Agenda of.' AMOUNT BUDGETED: $74,900 12/15/1999 APPROPRIATION REQUIRED: N/A SUMMARY This transmittal is to seek Council approval for single source procurement to Randall G. Tedder Construction, Inc. for the Yacht Club Boat Ramp replacement. The Council approved a similar request in September to replace the Main Street Boat Ramp. This project is being funded by a grant from the Florida Fish and Wildlife Commission, Special Waterway Projects Program. The proposal for the Yacht Club Boat Ramp replacement is $74,900 which is the same cost at the Main Street Ramp. Construction of the ramp is expected to begin in February 2000 after receipt of a permit from Flor/da Department of Environmental Protection. RECOMMENDED ACTION I I Move to waive competitive bid procedures, and authorize staff to enter into and execute a purchase order with Randall Tedder Construction, Inc., for $74,900 for Yacht Club Boat Ramp repairs. I I I 1 o£1 I City of Sebastian, Florida Subject: Change Order # 2 - Felix Equities ,for BSSCS Site Development Approved for Submittal by: T~.gnc~ Moo~~. Agenda No. Department Origin: Engineering Dept. Head: Finance Dept: Procurement: ._~ ~ Date Submitted: 12/7/99 For Agenda of: Exhibits: Change Order #2 EXPENDITURE AMOUNT BUDGETED: REQUIRED: $15,910.33 $107,422.69 12/15/99 APPROPRIATION REQUIRED: N/A SUMMARY This contract was for the installation of the new sporting fields, parking area, retention areas, sidewalks and final grading/drainage of the entire site. The original contract amount was $134,628.00. Change order # 1 was approved by Council 8/11/99 to include paving the parking areas that were not originally included on the bid for a current contract amount of $154,644.50. Construction has been completed and all the final quantities have been tallied. Based upon the actual work performed a final change order is necessary to adjust the contract amount. The proposed change order #2 is for $15,910.33. Generally, the difference between the bid form (engineer's estimate) and the installed quantities were in the swale and sod line items. RECOMMENDED ACTION Move to approve Change Order #2 with Felix Equities for the BSSCS Site Development Contract in the amount of $15,910.33. CITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER # 2 PURCHASE ORDER # 2546 CONTRACTOR FelLx Ecuities, Inc. ADDRESS 5100 29~ Court Veto Beach. FI 32967 PROJECT NAlVtE BSSCS SITE DEVELOPMENT PROJECT # C8205 PHONE # 569-0606 CONTRACT NAa'vIE. BSSCS Site Development CONTRACT DATE. August 3. 1999 By the signatures affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: Final Ouant/ties installed per contract unit m-ices. 20 Rain Davs were allowed. Substantial comnletio, u was achieved by 11/28/99 A) CONTRACT PRICE PRIOR TO THIS CHANGE $ 154,644.50 NET (INCREASE) (-I~r,,cR. EASE-) RESULTING FROM Tt-IIS CHANGE $ 15,910.33 NEW CONTRACT PR/CE INCLUDING THIS CHANGE ORDER $ 170,554.83 CON'ItLACY TINIE PRIOR TO THIS CHANGE. {NUMBER OF DAYS.) 90 days NET (INCREASE) (DI~CtEEAS-E) KESULTING FROM THIS CHANGE. (NUMBER OF DAYS.) 20 NEW COMPLETION DATE INCLUDING TillS CHANGE. I 1 mo. 28 day CONTRACTOR: CITY OF SEBASTL~N: Authorized Signature Date Date Authorized City Manager 99 yr. Title Approvals By City of Sebastian: Other Engineer City Dept. Head Finance Director Purchasing Official WPD CHANG~OR ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk for City of Sebastian Date ! 6118ffL¢~6(XVd I City of Sebastian, Florida Subject: Proposed Land Use Change, Lots 16, 27 and 28, Fleming Grant, Section 30. Department Origin: Growth Management Tracy E. Hass ~~ Date Submitted- December 06, 1999 For Agenda off December 15, 1999 Exhibits: staff summary, memo for Terrence Moore, City Manager to Tracy Hass, Growth Management Director, letter of interest from C.N. Kirrie concerning possible land use change for aforementioned lots and location map.'. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A REQUIRED: None N/A SUMMARY C.N. Kirrie of C.N.K. Inc. has written a letter of request concerning the possibility of obtaining approval of a land use change for the aforementioned lots. The lots presently have a land use designation of Low Density Residential (LD) and Mr. Kirrie would like to have the lots designated as Industrial (IN) in order to accomm__od_ate a styrofoam products facility. Before making formal application for a land use change, Mr. Kirrie requested permission to appear before the City Council for an informal m~_~eet_!.n_g._to obtain guidance from the City Council as to whether the necessary support for such a project is in place. i i I i i i Mr. Kirrie intends to give a brief informational presentation to the public and City Council on the logistics behind his operations and his desire to locate the business within the City of Sebastian. The City Manager and Growth Management Director have met with the applicant and current property owner concerning this matter. The City sorely lacks an industrial base and staff feels this is positive step in encouraging, promoting and attracting new industry to the community. The subject site is located at the extreme northern edge of the City limits and neighbors an industrial area of unincorporated Indian River County. The property is accessed via a county road extending south from Roseland Road and therefore does not impact the City of Sebastian. Attracting environmentally friendly, low impact industrial development can prove to be difficult proposition. We have before us such a proposal and the City of Sebastian has a prime /.,----~ opportunity to increase our industrial base while causing minimat impact to the community. ' City of Sebastian, Florida 1225 Main Street ~ Sebastian, Florida 32958 Telephone (561) 589-5330 [] Fax (561) 589-5570 MEMORANDUM To; From: Date: Subject: Tracy Hass, Director of Growth Management Terrence Moore, City Manager November 18, 1999 Proposed Land Use Change(s} Lots 16, 27 and 28, Flemin~q Grant, Section 30 Per a meeting held several weeks ago with Charlie Sembler and C.N. Kirrie, please find the attached correspondence as delivered by Mr. Kirrie early this afternoon, requesting that the City of Sebastian commence with the necessary process to accommodate light industrial development at the above referenced location. I even thought about the possibility of relevant action to be taken at an upcoming City Council meeting, maybe a brief presentation during the December 1'~ session. As we discussed during our meeting, you and I agree with the logic associated with this effort, encouraging, promoting and attracting new industry to the community. Provide me with a recommended course of action. In addition, lets inform Mr. Kirrie accordingly, and as ~,,._.,,,rerrence ~.po're v - -- TRM/ Attachment My Documents/Kirrie i I C.N.K. P.O. Box 144 Roseland, FL 32957 (561) 589-5547 November 18, 1999 T~rronc¢ R. Moo~ City lvlanag~r City Hall 1225 Main Street Sebastian, FL 32958 To Whom It May Concem: Subject: Land u~ change and r~zoning oflotsl6~ 27 and 28 of thc Flmning Granl~ Section 30. C.N.K. lnc has made a proposal to purchase lots 16, 27 and 28 of the Flmning Grant, Section 30 contingent on a ohange of land use and zoning to accommodate Induslrial us~. We are ~ involved in styrofoam products, which have a minimal impact on a community. The subject property is located at thc nc~th~,ly edge of the city and at present is not accessible through thc city. Thexe is other industrial propexty in thc ar~a and the southerly side is adjacent to Public Use ~. We would appreciate your consideration of this change, and are at your service for further information if needed. Sincerely, /;-- Y " , C.N.Kirrie President ! · i ~ ~ ., I i~ ~ ~', '-'l i I ~. ~-~ ~' l'l'l,lI F :~ ~ ~, m~ ] ~ .... ~ ....... , . ~ __ l lll_l l'... .... I 1 Seba tia , /-'· %,, '~ - / ~ ~ '~ ~URE ~NO USE · .. ~ . , ,../?; {~ ..... ' ;:~-~,"..,4~ ~2 ~ ~ · ~',. *;:..... ~{7 ~ '~ {> ,~ ~ ' · · %~ ',,,..:..'.,? "; -' ' . ,.;, /~, "'- ..'' ' cT ''¢'''~ '. ~;, %~%'" ""' ' : ' ' -, ...... ..... ' ..:,:%~-' ¢-,._~ ..... %.,'. ~ .~ , ,.~. ~.,~ ..... ~..., .. ..... . , ,-=.~,., ~f ,, .:. % ,% ., .'..'~v' ': . · ., ¢%~,,;~;'.' , ......... ..--.---='... ' ~ ' ' "'"~ ......... .' .. ,.,' .'..% ,~.: ;:.: -'-~ ,~,,,.,~,,~ ....... · ~_j . ~ i-..(__ ~.. ~ ,..~, ~..~ ~ ..:., ~~ ... ~.. -'-. ~:~, ~ ~;~ d' 1~ ::?,~ ".--': ..... ". t' ~.--.~ ¢':','~' ~' i j~'t¢":- " ~ ' ' "* '~..-":';L I'~:~ ~ f~-~. ,~ ~. '; ,' . · . ,~ ~ / ' ~ ~ .~'' ~;~,'.' l ~ "', ..... ' ' ' - P -' ~ ,~'"""-~¢-' (', '.31 ~ '~ '* · ..,,. ,~ .,, .,.,.. ,~.,.~.. ~;;~,;:' -" .... ~t. .." ! '~ jr ,,~.., - .,.~,~...,.... ,,.. ,¢ . ,- ...... ~.;.. .=.. ~ ........ .., , . ;I. '¢;~ . I :.'"~:L=' ~ ......... '~; ':'~ ', '1" 'l *~' .~',U*',,~''~¢ , ; ~ ¢.,.' .., ..,~.,,~,,,, ir ....... ~ ~ ~!f-~¢ ...... ; % . .... ~. ..,., / j.,~--~ . ¢- - ~.. . .., ~ -,' ........ ~ ',- ~ %". ';', ':;i-¢ ;::.,'"' '? E ~'", ' .' ., 4109 ~ L~n Or, ~opS~ ~. 32~ ~ (4GD 8~773 E-MIni: ¢~NOO Woddn~nel ! ! City of Sebastian, Florida Subject: Revised Land Development Code Status Report and Tentative Schedule for Adoption. Exhibits: staff summary and Articles I through VII of the revised LDC EXPENDITURE AMOUNT BUDGETED: REQUIRED: Agenda No. Department Origin: Growth Management Tracy E. Hass --'~'t~--'"' Date Submitted: December 07, 1999 For Agenda of: December 15, 1999 APPROPRIATION REQUIRED: SUMMARY As you are well aware, the City is in the process of rewriting the Land Development Code (LDC) in compliance with the already adopted Comprehensive Plan Updates. The proposed LDC comprises 23 Articles and 1500+ pages. As you can imagine, composing and reviewing such a document requires dedication of innumerable staff hours. Staff realizes there have been substantial setbacks in completing the review of the LDC. However, we assure you that we fully understand the importance of completing and implementing the changes within the LDC. In the best interest of the City we are taking extra precautions to insure the final product is complete and manageable as well as a document the City can be proud of for several years to come. Therefore, we are providing the following status report in an effort to better involve and educate the City Council in the process of rewriting the LDC. Under separate cover you will receive the first seven (7) Articles of the revised L_D~C (Backup to follow at 12/15 meeting). Articles I through VII represent 1/3 of the 23 articles that comprise the LDC. We are providing the first seven (7) Articles for your evaluation so you can become more familiar with the new LDC and what we have been working so meticulously on over the last few months. We are not yet prepared to obtain formal comments or suggestions from the Council or ready for public hearings. However, we feel it is necessary for the Council to begin preliminary reviews in order for you to become knowledgeable in the subject matter. This will insure avoidance of undue delays during our next phase of review. The following chart represents the planned review schedule for completing the LDC revisions: Article for Review I (Preamble II (Administration III (Reserved IV (Land Use Compatibility) V (Zoning District Regs. VI (Conditional Use) VII (General Provisions) VIII (Nonconformities) IX (Concurrency Mgmt.) X (Appearance, Design) XI (Environmental Protection) XII (Surface Water Mgmt.) XIII (Landscaping) XIV (Reserved XV (Off-street Parking) XVI. (Signage, Advertising) XVII (Nuisance Abatement) XVIII (Site Plan Review) XIX (Subdivision) XX (Planned Unit Devlpmt.) XXI (Riverfront Overlay) XXII (CR 512 Overlay) XXIiI (Glossary) City Council Review Staff Review LPA Review (Tentative) (Tentative) Complete Complete Com~vlete Complete Complete . Complete Complete Complete Complete Complete Complete Complete Complete Complete 12/15 - 12/30 Early January 12/15 - 12/30 Early January 12/15 - 12/30 _ Early January 1/3 - 1/14 Mid January 1/3 - 1/14 Mid January 1/3 - 1/14 Mid January 1/17 - 1/28 Late January 1/17 - 1/28 Late January 1/17 - 1/28 Late January 1/17 - 1/28 Late January 1/31 - 2/9 Early February 1/31 - 2/9 Early February 1/31 - 2/9 Early February 1/31 - 2/9 Early February 1/31 - 2/9 . Early February 2/9 - 3/8 Note: Through the City Manager's office, staff has reserved Tuesday's and Friday's for full time review of the LDC in an effort to complete the revisions in a timely manner. The above schedule is tentative pending the ability and availability of the LPA members to adhere to the scheduled dates. It is also dependent on the capability of the LPA and Staff to complete the reviews of each article during the proposed time frame. The LPA will be reviewing the above schedule at the P&Z meeting of December 16, 1999. Any changes in the tentative schedule will be provided shortly thereafter. Before making a formal recommendation to the City Council, the Planning and Zoning Commission, sitting as the Local Planning Agency, must complete their review of all twenty- three (23) articles. We are not progressing as quickly as first anticipated due to the overall complexity of the task at hand. Unfortunately, we are not able to dedicate our undivided attention and time due to our responsibilities to serve the community by performing our day to day activities within the Growth Management Department. Since we are in command of administering and enforcing the regulations established by the articles within the LDC, we fully understand the importance of the entire document, which is precisely why we are reviewing the I I I I I I I I I i I I I I I I i articles meticulously. Hopefully, by the time you receive each article for review, the staff and LPA will have completed the necessary revisions, which will help minimize the review time necessary at the City Council level. As part of the review, staff will be recommending inclusion of a new CR-512 corridor that will include design regulations and landscaping requirements in addition to the existing regulations. The proposed corridor will be modeled after the highly effective and successful State Road 60 corridor in Vero Beach. The intention for creating the corridor is to create a more attractive gateway to the city. The CR 512 corridor will appear as Article XXII of the LDC. Additionally, we hope to pursue the creation of an historic district for areas along U.S. 1 and Indian River Drive. This will not be included within the LDC rewrite, but as the next endeavor upon completion of the LDC.' It isn't often that we have an opportunity to completely restructure the Land Development Code of the City and we realize this is a great opportunity to make improvements. Thank you in advance for your understanding and cooperation and we assure you that once the prolonged task is complete, all of us will take pride in knowing we participated in shaping the City's future. City of Sebastian 1225 Main Street Sebastian, Florida 32958 Telephone (~61) 589-5330 FAX (561) 589-5b"70 Subject: Resolution No. R-99-60 7§th Anniversary Committee ,~r'ove~l for ,Submi~bT~Ct~ Manager E~hibit~: R-99-60 ~pendi~re Requi~ed: Amount Budgeted: N/A N/A Department Origin: City Manager bate ..~bmitted: 12/7/99 For Agenda of: 12/1§/99 m Appropriation Required: SUMMAI~¥ 6TATEMENT Resolution No. R-99-60, if adopted, will establish a temporary 75th Anniversary Committee. The Commil-tee°s function will be to recommend and organize celebration events during the year 2000. Official appointments will be brought to City Council at its ,Tanuary 12, 1999 regular meeting. RE¢O__~6~ENDED AC'l-ION If City Council concurs, move to adopt Resolution No. R-99-60. BE,SOLUTION NO. A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR[DA, CREATING A CITY OF SEBASTIAN 75TH ANNIVERSARY COMMITTEE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT I:fF~REWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in early 1999, former City Councilmember Louise Cartwright, former Mayor Martha Wininger, and Councilmember Ben Bishop suggested that the date of the original incorporation of the City of Sebastian be determined with an eye to organizing a 75th anniversary celebration; and .. WHEREAS, former Mayor Wininger also suggested and received approval from City Council in September of 1999 for a "Town Meeting" for ali City residents to be held in conjunction with the anniversary celebration; and WHERF__AS, it was determined through research of Florida Department of State Bureau of Administrative Code records that the "Town of Sebastian", then St. Lucie County, Florida, was originally incorporated on December 6, 1924; and WHEREAS, the State Legislature, in early 1925, reincorporated the Town of Sebastian to the "City" of Sebastian; and WHEREAS, Mayor Neuberger declared by proclamation on December 1, 1999 that December 6, 1999 was the 75th Anniversary of the original incorporation of the City and urged that the anniversary be recognized in celebration; and WHEREAS,the City Council of the City of Sebastian deems it appropriate, as we approach the new millennium, to establish a temporary committee of interested citizens to organize a celebration of the City's 75th Anniversary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: ~ection l. City of Sebastian 75th Anniversary Committee Established. There is hereby established a temporary "City of Sebastian 75th Anniversary Committee" in accordance with Section 2-166 of the Code of Ordinances. The Committee shall consist of seven residents of the City of Sebastian. ~Lection 2. Responsibilities. The Committee shall meet to consider, recommend and organize innovative ways in which the City can recognize its 75th Anniversary during the year 2000. Section 3. Terms of Members. Each City Council member shall appoint one City resident to the Committee and the City Clerk shall advertise for two at-large member positions. The Committee shall terminate on December 31, 2000. Section 4. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 5, This Resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: ,. Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben Bishop Councilmember Edward Majcher The Mayor thereupon declared the Resolution dully passed and adopted this 15th day of December, 1999. CITY OF SEBASTIAN, FLORIDA By: Chuck Neuberger, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk 2 (SEAL) Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer City Attorney 3 i I City of Sebastian, Florida I AGENDA TRANSMITTAL Agenda No. Subject: City storage and sorting site at Golf Course/Airport; sublease Exhibits: Resolution R-86-4A Date Submitted: 12/9/99 For Agenda of: 12/15/99 SUMMARY: EXPENDITURE REQUIRED: 0 AMOUNT BUDGETED: 0 APPROPRIATION REQUIRED: The Public Works Department has been utilizing a 1 - 2 acre site adjacent to the maintenance building of the Golf Course as a storage/sorting site. Dirt, primarily from the swale grading project, has been stockpiled at the site and being used from there for other City projects. This has resulted in a significant decrease in the amount paid for the City for fill dirt. Further, concrete and other such rubble is being brought to the site for sorting prior to transporting the same to the landfill. By sorting the other debris out, the City is saving more than 94% on tipping fees for each truckload of clean concrete. This is because clean concrete costs $3 per ton, while contaminated concrete is $55 per ton. To comply with the City's various commitments and to maintain internal consistency in our accounting, it is recommended that a sublease be entered between the City proper and the Golf Course, based on a pro rata acreage figure from the Airport lease to the Golf Course. BecaUse Resolution R-86-4A states that the leased land will be used for golf-related recreational purposes, an amendment of the resolution would be needed and this requires FAA concurrence. Staff would like to see if this concurrence will be given before proceeding further. RECOMMENDED ACTION: Authorize staff to request FAA concurrence for sublease of incidental portion of Golf Coupe property for storage and sorting site. ~//~/,//~,~-~--.------"~ AUTHORIZED FOR PLACEMENT ON AGENDA BY CITY MANAG RE$OLUTIOH A RKSOLUTXOH OF THC CXT¥ OF SE~ASTXAH, YLORXD&, AmENdING 'PARAG~APHS-'XZ mHD'-12. OF AHD-OGLXCATXNG TIlE SEDASTXAN NUNXCXPAL GOLF COUKSE TO PAY AH ANNUAL USE FEE TO THE HUNXCX~'L'-~RPOR ACCOUNT FOR Tile USE OF AIRPORT PROPERTIES-AS A HUH- ZCXPAL GOLF COURSE AND OTHER 'oBLXGATI~H'~ TIlE USE OF THE NUNXCXPAL GOLF COURSE. UIiEREAS, The United ~t~t~i Of America, by ~ut~-C~ats Deed, S#beetian Hunictpal Coif Contact And exception or quettftoattont And by the Ct~y of ~aba~ttan. and ~hera I~ no private in~rprt,e And. of the ~tty; A~d ~iIEREAS, ,Para&raph 6 of the quit-CLots Deed of January 29, and ,ab-paragraph (.U) (2) (A), of Title SO, App. §1622. o~ chi be granted after the Admtntetr&tor ~lnda tha~ each property Gan b4 cite atrpo~ti And ~iIEILEA$, In vtuu of the foru~otn~, tlt~ Atrport Funds chart bo paid for th~ use of thc airport property for uae aa tacreattonat facility. NO~ TllEREFOtt£. ~£ XT RESOLVED BY Tile CITY COUMKXL OF Tile CITY OF S£~ASTXAH~ FLORIda. AS ¥OLLO~S; -1- I I i i I i I I i I i I i i I I I I I I I I I I I I i i i i ,-' '~ 1. ~he City of Ssbestian, ~loride shall utilize the exts~i~ 15~ acres of the Nunicipal Airport aa the Sabastian Nunlclpal Gall Airport Fund a use Joe for the uae of the laid 154 accel et the /ollouing rata s~artin$ for use co~menctn8 on December 12~ lPfll. 1981 - i700.00; 1982 - I31,496; 1983 o $34,19&1 1984 - }14.1961 198f - ~34.&96. On Deceaber I, 1986~ 1991 and every tive (5) years thereafter, the $34~496. use fee shall be adjusted by applying chi consumer price index jar the respective increase year and be due annually, ulini the December Is 1981 nation wide ~onaumer price index percent per annum commencing on the date of this reeolutlon. 3. The City recninizes tha~ the purchasing power of the United Stales dollar Il evidenced by the United States ~epirtment of Labor~ Bureau o~ Labor Statistics~ Index of Consular Pr/cea, In July o~ 198&a 1991 end every five years thereafter the City Viii compare the base price index Zor December of 1981 and the &nqual ~ee payments Ihall be increased ( or de&reseed ) on December l~ 1986, 1991~ ste. in the same proportion al laid July index-has lncrealed ( or decrealed) uith the price index Jot Oecmeber. }~SL. In ~o. event~ housver, shall the uso fee decrease balo~ the Sum of }3&,a96.00. 4, The City reserves un~o itself, ltl su¢ceaso~e, and assiins ~or the use end benefit of the public, a ri&hi of fll&ht for the passage of aircraft in the airspace above the surface of the real property used as the Sebastian Huntclpal Coif Courae~ to,ether with [he right to cause tn said atrapace such noise as may be inherent in the ope~ations oJ alrcraft~ non kno~ or hereafter use~[o.r the navi- gation o~ or ~ltght in the said airspace, and for the uae el said airspace ~or /and£ni on, taking off from or operating on the airport. 5. The City ahall restrict the height of structures, objects el natural growth and other obstructtonl to such a heilht so es to comply ~ith Federal Aytatton Regulatton~ Part 77, 6. The City shall not use :he laid 154 acres for any ese which ~ouLd lnterIere ~ich or adversely aJ(~ct th~ operation or maintenance of the airport, or otherwise constitute an airport hazard. Clear zonal shall remain clear of any permanent structures and Golf Course activity. 7. The City shall provide police and fire protsctton end necelsary administrative larvtcel to the Sebal~£an Hunic/pal Airport for no cha~ge aa an additional uae ~ee uhich ia in addition to the cash i, nymen£s that the Coif Course ihall remit to the A£rpor: Fund. 8o The City shall not on the groundu of race, cole; or national oriain dticriminate nor peratc discrimination, agatnat any person or group o~ persons in any manner prohibited by Part 21 of the Regulations of the Secretary el Tran~por£aCion. The City shall take such actiona provision. -2- A T.£/~_~ T: · I~.borAh g; ~r&$ea, Ct Admtnt s cra Lto;~ I fl~t~l -3- I I i I I I i I i i I I i I I i I i i I I I I I I i I I I I I I I I AccOunt separate from any other City Funds, 10. All af the provisions af the Quit-Claim deed of January 29, i9~9, pertain Co the said 154 acres used aa the Sebastian HunicipaL Golf Cones, 11. This Resolution shall have a term of twenty (20) yea~s wi£h a ~/ghc of the City to extend the Corm hereof far an additional twenty (20) years, upon execution of a Letter of concurrence ct latter of no objection from the Federal Aviation Administration, ira successors et 12. This Raaoiution may be amended only with a Letter aE concur:encee: a ~ettar of no objection fram the Fade:al Aviation Administration, ira successors or asa/gna, Tills RESOLUTION SHALL BECOHE EFWECTIVE UPON FINAL ADOPT[OM BY TIlE CZTY COUNCIL{ A LETTER OF NO OBJECTION FROH TH~ FEDERAL AV~ATZON ADHZHISTRATION DATED FEBRUARY 5, ~986 IS ATTACIIED, of the City of Sebes:lan~ Flor~d&~ ~n the /~/~ day of ~,1986. CITY OF SEBASTIA~/~ .~I~ ~allagher~ ~ayor Approved es to form end le&al Thoma~ C. Palmer City Attorney -3- I City of Sebastian, Florida Subject: Kimley-Horn and Associates, Inc Engineering Services for Schumann Dr. Agenda No. Department Origin: Engineerigg_ Martha Campbell, P.E.~/t~~ ~ ~ Mark Mason, Finance Paul Wagner, Procurement Date Submitted: 12/7/99 Exhibits: EXPENDITURE REQUIRED: $15,900 For Agenda of: BUDGET AVAILABLE: $577,046.33 12/15/99 APPROPRIATION REQUIRED: N/A SUMMARY Schumann Drive will be reconstructed due to the deteriorated condition of the road base. As part of the reconstruction, the elevation of the road will be increased between Bailey Drive and Beach Lane to provide positive drainage to the storm water catch basins. Changing the elevation will not be easily accomplished without adequate planning. The complexity of the job is compounded because of the number of existing driveways that will be affected by changing the road elevation. Engineering is necessary to plan the work so as to minimize driveway conflicts and still achieve the desired results. Plans also include curbing the medians which are part of the planned median beautification for Schumann Drive. Consultant services are necessary because in-house staff is not available to work on this project within the desired timeframe. (Construction is planned for February 2000). Kimley Horn is well experienced with road design and are the designers for Kings Highway in Vero Beach. Funding for the design and reconstruction of Schumann Drive is under the paving program. RECOMMENDED ACTION Move to authorize the City Manager to execute a contract with Kimley-Horn and Associates, Inc. for the design of Schumann Drive Reconstruction in the amount not to exceed $15,900.