HomeMy WebLinkAbout04091997-A City of Sebastian
1225 ~AIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 a FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, APRIL 9, 1997
7:00 P.M. OR SOON TltEREAFTER
CITY COUNCiL C/lAMBERS
1225 MAiN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225MAINSTREET~ SEBASTIAN~ FLORIDA
Individuals shall address the CiO/Council with respect to agenda items )mmediately prior to deliberation of the item by the Ci~ Council
if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-97-02)
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION - Police Department Chaplain Frank Camillo
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon majority vote of the Council
members present (R-97-02)
97.113
1
97.114
3
6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATION~
Proclamation -March for Parks Weekend - April 19, 1997 - To be Accepted by Tim
Glover Representing Friends of St. Sebastian River
Proclamation - The Great Florida Clean-Up - April 19, 1997 - To be Accepted by Ruth
Davies Representing Keep Indian River Beautiful
97.115 C. Sebastian Good Old Boys - Presentation of Trophy for City Trophy Case
5-25
97.116
27-32
97.053
33-36
97.117
37-58
9.
10.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on, the agenda - Hmit often minutes for each speaker
CITY ATTORNEY MATTERS
CITY MANAGER. MATTERS
CONSENT AGENDA
All items on the consent agenda are considered to be rout~'ne and will be enacted by one mon'on.
There will be no separate discussion of consent agenda items unless a member of City Council so requests;
in which event, the item will be removed and acted upon separately.
Approval of Minutes - 3/26/97 Workshop, 3/26/97 Regular Meeting, 4/1/97 Special
Meeting
Police Department Purchase - Computer Voice Stress Analyzer and Training for Total of
$8,970 from Drug Forfeiture Funds Account (Police Department Transmittal 3/31/97,
Quotes, User List & Cost Comparison)
Approve Payment to Indian River County Supervisor of Elections for Administering
3/11/97 General Election in the Amount of $6,512 (City Clerk Transmittal 4/3/97, SOE
Letter 3/24/97, Cost Breakdown)
11. PUBLIC HEARING - None
12.
13.
COMMITTEE REPORTS/RECOMMENDATIONS
CODE ENFORCEMENT BOARD (Community Development Transmittal 4/2/97, Code
Enforcement Minutes 3/19/97, Applications, Sec. 2-179 and 2-180 Code)
i. Interview Applicants and Appoint as Follows:
ao
Subcontractor Position Term to Expire 2/1/00
Member Position Term to Expire 3/1/00
Businessman Position Term to Expire 3/1/00
ii. Act Upon Recommendation for Second Alternate
OLD BUSINESS
2
97.002
59-68
97.111
97.021
73-80
97.024
81-90
14.
NEW
A.
BUSINESS
Adopt Resolution No. R-97-21 - City Council Meeting Procedures (City Clerk
Transmittal 4/3/97, R-97-21)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING
RESOLUTION NO. R-97-02; ESTABLISHING THE DATE AND TI/vIE FOR CITY COUNCIL MEETINGS,
WORKSHOPS AND QUASI-JUDiCIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER;
PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING
FOR PUBLIC RING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR
PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM
TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Schedule Quarterly Meetings (City Manager Transmittal 4/3/97)
First Reading of Ordin/inee No. O-97-12 - Set Second Reading, Public Hearing and Final
Adoption for 5/14/97 (Community Development Transmittal 4/2/97, O-97-12)
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATED TO CONDITIONAL USES;
AMENDING SECTION 20A-6. I.B. REGARDING PROCEDURES FOR CONSIDERATION OF
APPLICATIONS FOR A CONDITIONAL USE PERMIT; AMENDING SECTION 20A-6.1.C.8.A
CORRECTING THE APPLICABLE ZONING DISTRICTS IN WHICH CULTURAL OR CIVIC FACILITIES
ARE PERMITrED; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
First Reading of Ordinance No. O-9%15 - Set Second Reading, Public Hearing and Final
Adoption for 5/14/97 (Community Development Transmittal 4/2/97, O-97-15)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTIONS 20A-13.6.E., 20A-13.7.B., 20A-13.10.D., 20A-13.14., 20A-13.16., AND 20A-13.17. OF THE
LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATED TO TREES WITHIN REQUIRED
LANDSCAPE STRIP, LOCATION OF LANDSCAPE STRIP, INTERIOR LANDSCAPING REQUIREMENTS,
REQUIRED LANDSCAPE PLAN SUBMITTAL, MAINTENANCE REQ~NTS INCLUDING
IRRIGATION, VARIANCES; SUBSTIllYIING THE COMMUNrrY DEVELOPMENT DIRECTOR FOR THE
BUILDING OFFICIAL, CITY ENGINEER, AND CITY CLERK; SUBSTITUTING THE PLANNING AND
ZONING COMMISSION FOR THE CITY COUNCIL; SUBSTITUTING THE STAFF FOR THE URBAN
FORESTER; CORRECTING THE TITLE OF THE BOARD OF ADJUSTMENT; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
97.026
91-112
97.027
113-120
97.028
121-126
Fo
First Reading of Ordinance No. O-9%17 - Set Second Reading, Public Hearing and Final 1
Adoption for 5/14/97 (Community Development Transmittal 4/2/97, O-97-17)
·
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SECTIONS 20A-10.1., 20A- 10.2., 20A-10.2.L., 20A-10.3.14, 20A-10.4., AND 20A_10.5 OF THE LAND
DEVELOPIvlF. NT CODE RELATING TO PROCEDURES FOR SITE PLANS, CONSIDERATIONS iN
REVIEWING SITE PLANS; ESTABLISHING A P~OSE FOR ESTABLISHING PROCEDURES
C ^T O
PROVIDiNG FOR A DEFINITION AND PROCEDURES FOR A MINOR MODIFICATION OF A SITE·
PLAN; PROVIDiNG FOR A DEFINITION AND PROCEDURE FOR APPROVAL OF A MAJOR SITE PLAN
I
MODIFICATION; PROVIDING FOR PHASING OF A SITE PLAN; AMENDING CONSIDERATIONS IN
REVIEWING SITE PLANS; nqFORMATION TO BE INCLUDED IN A SITE PLAN, APPROVAL,
DISAPPROVAL AND APPEALS, AND TERMINATION, EXTENSION AND TRANSFERABILITY;[
1
PROVIDING FOR CODnrlCATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; '
AND PROVIDING FOR AB[ EFFECTIVE DATE.
First Reading of Ordinance No. O-97-18 - Set Second Reading, Public Heating and Final
Adoption for 5/14/97 (Community Development Transmittal 4/2/97, 0-97-18)
AN ORDINANCE OF THE CITY OF SEBASTIAN, RqDLAN R/VER COUNTY, FLOPdDA, AMENDING
SECTIONS 20A-10.2.G. AND 20A-10.2.H.3. OF THE LAND DEVELOPMENT CODE RELATING TO 1
.PROCEDURES REGARDING APPLICAB~ITY AND HLING PROCEDURES FOR SITE PLANS,
-coNSIDERATIONS IN REVIEWING SITE PLANS, FLOOD PRONE LAND AND WETLAND
PRESERVATION, DEFINITIONS, SURFACE WATER MANAGFaMENT PERMIT APPLICATION AND ·
RE.VIEW ADDITIONAL CONSIDERATIONS IN SITE PLAN REVIEW, INFORMATION TO BE INCLUDED
1
IN A srrE PLAN, APPROVAL, DISAPPROVAL AND APPEALS, AND TERMINATION, EXTENSION AND
TRANSFERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 1
·
First Reading of Ordinance No. O-97-19 - Set Second Reading, Public Hearing and Final
Adoption for 5/14/97 (Community Development Transmittal 4/2/97, 0-97-19)
AN ORDINANCE OF THE CYYY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOPJDA, AMENDING
SECTION 20A-10.2.~LI0. OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES,
AMENDiNG SURFACE WATER MANAGEMENT PERNflT APPLICATION AND REVIEW PROCEDURE
BY SUBSTrrUTING COMMUNrrY DEVELOPMENT D~ECTOR FOR CITY CLEKR;; PROVIDING FOR ·
COD~CATION; PROVflDiNG FOR CONFLICTS; PROV/DiNG FOR SEVERAB~ITY; AND PROV/DiNG
·
FOR AN EFFECTIVE DATE.
4
97.030
127-134
97.031
135-140
97.032
141-146
97.033
147-156
Ko
First Reading of Ordinance No. O-97-21 - Set Second Reading, Public Hearing and Final
Adoption for 5/14/97 (Community Development Transmittal 4/2/97, 0-97-21)
AN ORDiNANCE OF THE CITY OF SEBASTIAN, INDIAN PJVER COUNTY, FLORIDA, AMENDING
SECTION 20A-11.2.E. OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR
LAND DEVELOPMENT CODE ENFORCEMENT, BOARD OF ADJUSTMENT RULES OF PROCEDURES,
PROCESSiNG MATTERS BEFORE THE BOARD OF ADJUSTMENT, PLANNING AND ZONING
COMMISSION OFFICERS, PLANNING AND ZONING COMMISSION REVIEWS REQUIRED, CITY
COUNCIL'S ROLE, ADOPTING, SUPPLF2vlENTING OR AMENDING THE ZONING ORDINANCE,
PUBLIC HEARINGS, AND AMENDiNG THE COMPREHENSIVE PLAN; PROVIDiNG FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDiNG FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
First Reading of Ordinance No. O-97-22 - Set Second Reading, Public Hearing and Final
Adoption for 5/14/97 (~2ommunity Development Transmittal 4/2/97, 0-97-22)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTION 20A-11.3.D. OF THE LAND DEVELOPMENT CODE RELATiNG TO PROCEDURES FOR
PLANNING AND ZONING COMMISSION REVIEWS REQUIRED; PROVIDING FOR CODIFICATION;
PROVIDiNG FOR CONFLICTS; PROVIDING FOR SEVER. ABILITY; AND PROVIDING FOR AN
EFFEC~VE DATE.
First Reading of Ordinance No. 0-97-23 - Set Second Reading, Public Heating and Final
Adoption for 5/14/97 (Community Development Transmittal 4/2/97, 0-97-23)
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTION 20A-I 1.4 OF THE LAND DEVELOPMENT CODE RELATiNG TO CITY COUNCIL'S ROLE;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
First Reading of Ordinance No. 0-97-24 - Set Second Reading, Public Hearing and Final
Adoption for 5/14/97 (Community Development Transmittal ?, 0-97-24)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTION 20A-I 1.6. OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR
ADOPTrNG, SUPPLEMENTING OR AMENDING THE ZONING ORDiNANCE; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE,
97.O35
157-168
15.
97.110
169-172
16.
First Reading of Ordinance No. 0-97-26 - Set Second Reading, Public Hearing and Final
Adoption for 5/14/97 (Community Development Transmittal 4/2/97, 0-9%26)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTION 20A-11.8 OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR
AME~ING TIlE COMP~NSIVE PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
CITY COUNCTL MATTERS
A. Vice Mayor Richard Taracka
B. Mrs. Louise Cartwright
C. Mr. Larry Paul
D. Mrs. Ruth Sullivan
E. Mayor Walter Barnes
I. Appointment to Land Acquisition Advisory Committee (City Clerk Transmittal
4/3/97, IRC Resolution)
ADJOURN (All meetings beginning at 6:00p. m. shall adjourn at 9:30p. m. unless extended for
one half hour by a majority vote of City Council. All meetings beginning at 7:00p. m. shall
adjourn at l O) 30 p. m. unless extended for one half hour by a majority vote of City Council)
ANY PERSON VrTtO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER
CONSIDER. ED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AArD
EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. O105 ES.)
IN COMPLIANCE 197TH THE AMERICANS WITH DISABIL1TIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48
HOURS1N ADVANCE OF THIS MEETING.
Upcoming Meetings:
Special Meeting - Quasi-dudicial Hearing - Wednesday, April 16, 1997 ~ 6pm
Tentative Workshop - Wednesday, April 23, 1997 ~ 6pm
Regular Meeting - Wednesday, April 23, 1997 ~ 7pm (6pm if no workshop)
I
MARCH FOR PARKS WEEKEND
APRIL 19, 1997
WHEREAS, April 19, 1997 has been established as "March for Parks Weekend";
and
WHEREAS, the purpose of organizing March for Parks Day was to plan a
nationwide demonstration of public concern over the perilous condition of tile nation's
parks and public spaces; and
WHEREAS, these events will not only raise awareness, but also necessary funds
for park improvement, protection, and education projects benefiting national, state,
and local public parks; and
WHERE. AS, those participating in March for Parks are demonstrating that they
are committed to protecting and revitalizing our national treasures for generations to
come; and
WHr. REAS, everyone must become familiar with the environmental
consequences of their actions and the impact it will have on future generations; and
WHEREAS, the Friends of St. Sebastian River is sponsoring a March for Parks
event on April 19th; and
WHEREAS, the March for Parks event will take place on North Jungle Trail; and
WHEREAS, the funds raised will specifically benefit the Pelican Island National
Wildlife Refuge and Donald MacDonald Park, both in Indian River County, Horida; and
NOW THEREFORE, I, Walter W. Barnes, Mayor of the City of Sebastian, by
virtue of the authority vested in me, do hereby proclaim April 19th, 1997 as
"MARCH FOR PARKS WEEKEND"
In Sebastian and call upon the residents of this city to observe and participate in this
day, as well as the days ahead, with sensitivity and respect for the nation's precious
parks and public spaces.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of tile
City of Sebastian, Indian River County, Horida this 9th day of April, 1997.
Walter W. Barnes, Mayor
A'I'FIgST:
.
Katbry~ M.'O'Hailoran, City Cler~
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City of Sebastian
I 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 a FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
WORKSHOP
MINUTES
WEDNESDAY, MARCH 26, 1997 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Barnes called the Workshop to order at 6:00 p.m.
The Pledge of Allegiance was recited.
Ci~ Council'Present:
Mayor Walter.Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Director of Community Developmem
Bob Massarelli
City Planner, Tracy Hass
Deputy City Clerk, Sally Maio
City Council Wor~hop
March 26, 1997
Page Two
WORKSllOP ITEMS
City_ Manager's Note: The proposed items for review reflect a few of the many LDC amendment
proposals that the Council shall be requested to review and consider over the next several
meetings. Because of the unknown level of discussion that these matters may require, only the
items that can be reviewed within the designated hour will be discussed; remaining items, if any,
shall be rolled forward to the next scheduled workshop.
The City Manager reiterated his recommendation that this workshop not mn past 7:00 p.m., and
if not addressed, items will be carried forward to the next workshop.
Land Develonment Code ~DC) Amendments Overview (Community_ Development
Transmittal 3/17/97. OutlineofExistin~& Pror~osed Procedures. Schedule~
The Director of Community Development gave a brief overview of Land Development
Code prOCedural ordinances and noted that substantive language changes will be
addressed later in the year in conjunction with amendment to the Comprehensive Land
Use Plan. He demonstrated and explained current and proposed streamlined procedures
for these land development matters.
He' reviewed his tentative schedule for the remainder of the year which he had included in
the agenda packet. He said all of these ordinances should be adopted by July 1.
Mrs. Sullivan expressed concern for the Director of Community Development having the
sole authority to approve certain site plans. He said minor modifications to site plans are
currently approved by only the Chairman of the Planning and Zoning Commission. Mrs.
Sullivan requested clarification that it is not all site plans and the Director of Community
Development verified that it was not.
Bo
Review ofLDC Ordinan~:es Removed for Further Review at 1/15/97 Workshop
(Community_ Development Transmittal 3/17/96 (1/8/96 Ori~nal Submission)_ Ordinances)
97.018
i. Ordinance NOL O-97-09 - Re~lation of Obstructions to V.i~ibility
The Director of Community Development said the code currently requires approval by
P & Z and City Council for all structures and plantings in right-of-way, noting that
technically, mailboxes fall under this code. He said a comprehensive right-of-way
management ordinance is needed and will be addressed when the Public Works Director
comes on board, therefore the language currently in the code will remain for now.
Mr. Taracka questioned who was responsible for maintaining right-of-way. The City
Manager said he would look into it.
City Council Workshop
March 26, 1997
Page Three
9¢.022
ii. Ordinance No. O-97-13, Standards for Nuisance Abatement - Title Changes
The Director of Community Development said this was primarily to change titles.
Mrs. Sullivan said she was concerned with suggest, ed language that authorizes approval by
the Director of Community Development "in consultation" with the City Engineer rather
than "with the consent of'. The City Manager said that perhaps the Public Works Director
position rather than the Ci~ Engineer position should be referred to and then further
suggested that the City Manager be given authority to determine appropriate staff.
Mrs. Sullivan expressed concern about the lack of time limit in waivers for noise due to
construction. The Director of Community Development again explained he was trying to
stay away from substantive languages changes at this time and the City Manager cautioned
about substantive language changes in the Land Development regulations until such time as
the Comprehensive Land Use Plan is adopted to ascertain that they are consistent. He
explained that procedural changes are being addressed now to bring the Code into
compliance with the procedures that are currently being followed for land development
matters.
TAPE I - SIDE II (6:47 p.m.)
Mrs. Cartwright said this entire code section needs amendment. Mayor Barnes said there is
a process that must be followed and agreed that procedural matters should be taken care of
first. City Council concu,rred to give the City Manager authority in this ordinance.
City Council concurred to have a workshop on Wednesday, April 2, 1997 at 7:00 pm. to
address the remainder of items on this agenda.
97.029
97.034
97.04O
City Council Workshop
IU.
iv.
V.
Ordinance No. 0-97-20 - LDC & Board of Adjustment Procedures - Title Changes
Ordinance No. 0-97-25 - Public Hearing Procedures
Ordinance No. O-97~31 - Subdivision Improvement/Design Standards - Title
Changes - Muck or Clay Fill Permit
March 26, 1997
Page Four
97.041
97.048
97.049
97.096 C.
97.097 D.
Ordinance No. O-97-32 - Subdivision Improvement/Design Standards - IRC Review
and Approval of Central Wastewater Systems
vii. Ordinance No. 0-97-39 - Major Subdivision Procedures
viii. Ordinance No. 0-97-40 - Procedures Re: Construction of Required Improvements
Review LDC Section 20A-4.8 Re: PUD(MH) Mobile Home Planned Unit Development
Review When COR (Commercial Office Residential) Zoning District is to be Considered
Residential Use (Community Development Transmittal 3/17/97, Conditional Use Criteria,
Map Showing COR Zoning)
5. Being no further business, Mayor Barnes adjourned the Workshop at 6:58 p.m.
Approved at the
997, Regular City Council Meeting.
Walter W. Barnes
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
4
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 '~ FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, MARCtI 26, 1997
7:0o P.M. OR SOON THEREAFTER
CITY COUNCIL CHAblBERS
1225 ~ STREET, SEBASTIAN, FLORIDA
2.
4.
Mayor Barnes called the Regular Meeting to order at 7:07 p.m.
The Pledge of Allegiance was recited.
No Invocation was given.
City_ Council Present:
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Director of Community Development
Bob Massarelli
City Planner, Tracy Hass
Deputy City Clerk, Sally Maio
Regular City Council Meeting
March 26, 1997
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon majority vote of the Council
members present (R-97-02)
None.
PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
None.
CITY ATTORNEY MATTERS"
None.
CiTY MANAGER MATTERS
The City Manager said Patrick J. Brennan had accepted the position of Public Works Director and
will begin April 14, 1997; said Bonnie Williams fi.om Commission on Ethics will be in Indian
River CoUnty on May 21, 1997 to speak to government officials; updated Council on the police
station building; reported on a meeting he attended with Terry Hill in Ft. Lauderdale regarding
airport capital.' improvements funding sources; and said there will be an airport tenants meeting on
April 3.
CONSENT AGENDA
~41l items on the consent agenda are considered to be routine and will be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council
so requests; in which event, the item will be removed and acted upon separately.
Approval of Minutes o 3/5/97 Special Meeting, 3/5/97 Regular Meeting, 3/17/97 Special
Meeting
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'Regular City Council Meeting
March 26, 1997
Page Three
97.098 B.
97.099 C.
97.100 D.
Adopt Resolution No. R-97-17 - Vacation of Easement - Vanlokhorst (City Clerk
Transmittal 3/18/97, R-97-17, Application, Site Location, Survey, Staff Report, Hill
Letter, Letters of No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING,
ABOLISHING, ABANDONING AND DISCONTINUING THE NORTHWEST 6 FOOT PUBLIC UTILITY
AND DRAINAGE EASEMENT OF LOT 29, BLOCK 359, SEBASTIAN HIGHLANDS UNIT 1 l, LESS THE
SOUTHWEST l0 FEET THEREOF RECORDED IN PBI 7-56D, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE,
Adopt Resolution No. R-97-18 ~ Vacation of Easement - Duncan (City Clerk
Transmittal 3/18/97, R-97-17, Application, Site Location, Survey, StaffReport, Hill
Letter, Letters of No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING,
ABOLISHING, ABANDONING AND DISCONTINUING THE WEST 5 FEET OF LOT 21 AND THE
EAST 5 FEET OF LOT 22, BLOCK 137, SEBASTIAN HIGHLANDS UNIT 4, LESS THE SOUTH 10
FEET THEREOF, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-101, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND
PROVIDING AN EFFECTIVE DATE.
Adopt Resolution No. R-97-19 - Vacation of Easement - Lulich (City Clerk
Transmittal 3/18/97, R-97-17, Application, Site Location, Survey, Staff'Report, Hill
Letter, Letters of No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR]DA, VACATING,
ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTHEAST 3 FEET OF LOT 13 AND
THE NORTHWEST 3 FEET OF LOT 14, LESS THE SOUTHWESTERLY 5 FEET THEREOF, INDIAN
RIVER HILLS SUBDIVISION, RECORDED IN PBI 4-51, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE
DATE.
Regular City Council Meeting
March 26, 1997
Page Four
97.101 E.
97.012 F.
97.1 O2 G.
97.103 H.
97.104 I.
97.105
Adopt Resolution No. R-97-20 - Application for Department of Community Affairs
Waterfront Florida Grant (Community Development Director Transmittal 3/19/97,
R-97~20)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING
AN APPLICATION TO THE WATERFRONT FLORIDA PROGRAM, AUTHORIZING THE CITY
MANAGER TO DESIGNATE A PROJECT MANAGER, AUTHORIZING THE CITY MANAGER TO SIGN
AND SUBMIT THE APPLICATIONS, AND PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVER. ABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Adopt Resolution No. R-97-22 - Granting an Easement to and Accepting Easements
from Cornerstone (Community Development Director Transmittal 3/19/97, R-97-21)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING
THE CITY MANAGER TO SIGN THE GRANTING OF AN EASEMENT AND TO ACCEPT VARIOUS
EASEMENTS; AND PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
AccePt Resignation of Carolyn Corum from Land Acquisition Advisory Committee
(City Manager Transmittal 3/20/97, Corum Memo 3/11/97)
Accept Resignation of Ruth Sullivan from Citizens Advisory Task Force (Sullivan Letter
3/19/97)
Appoint Phil Bowers, Human Resources Director as Americans with Disabilities Act
(ADA) Coordinator (City Manager Transmittal 3/20/97)
Sebastian Fishing Club - Use of Electricity in Riverview Park for a Meeting - 4/7/97 -
9 am to 11 am - Standard Conditions (City Clerk Transmittal 3/19/97, Kautzman Letter
3/19/97)
The City Manager read the consent agenda and the City Attorney read Resolution Nos.
R-97-17, R-97-18, R-97-19, R-97-20 and R-97-22 by title.
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l{egular City Council Meeting
March 26, 1997
Page Five
Mrs. Sullivan and Mr. Taracka removed item E; and Mayor Barnes removed item H.
MOTION by Taracka/Barnes
I move to approve items A, B, C, D, F, G, I and J of the consent agenda.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
Item E - R-97-20 Department of Community Affairs .(DCA)Waterfront Florida Grant
In response to Mrs. Sullivan, the City Manager noted that the required grant match could
be in-kind and not necessarily monetary. He advised that if Council does not want this
grant, it decide now and direct staffnot to submit the grant application' at all. He said
additional information from DCA had been distributed tonight.
The Director of Community Development described proposed uses of the grant funds to
revitalize fiverfront areas.
A lengthy City Council discussion followed on the pros and cons of the grant, its uses and
the required match.
TAPE II - SIDE (7:38 p.m.)
Discussion continued.
Regular City Council Meeting
March 26, 1997
Page Six
10.
MOTION by Taracka/Sullivan
I'll make a motion to deny Resolution R-97-20.
ROLL CALL:
Mrs. Cartwright - nay
Mr. Paul - nay
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARKIED 3-2 (Cartwright, Paul - nay)
Item H - Mrs. Sullivan Resienation
MOTION by Bames/Cartwright
i'll make a motion to accept item H of the consent agenda.
ROLL CALL:
MOTION CARRIED
Mr. Paul ~ aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
5-0
PUBLIC ltlgARI~G
Procedures for public hearings: (In accordance with R-97-02)
· Mayor Opens Hearing
° Attorney Reads Ordinance or Resolution
· StaffPresentation
° Public Input - Limit oflO Minutes Per Speaker
° StaffSummation
° Mayor Closes Hearing
· Council Action
Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and
State His/Her Name for the Record
6
Mayor Barnes inquired about advertising procedures for replacement. The City Clerk said
an ad will be mn and that a continuing ad has been running for alternates, although no
applications have yet been received.
Regular City Council Meeting
March 26, 1997
Page Seven
97.084 A.
Second Reading. Public Heating and Final Adoption of Ordinance No. O-97-44
Authorizing City_ Man,er to Restrict Parking on the Right-of-Way of Sebastian Airport
Property_ (Airport Drive West) (O-97-44)
AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, CREATING A NEW SECTION TO CHAPTER 98, ARTICLE II OF THE CITY OF SEBASTIAN
CODE OF ORDINANCES ENTITLED "PARKING ON AIRPORT PROPERTY" GIVING THE CITY
MANAGER TIlE AUTHORITY TO DESIGNATE "NO PARKING" ZONES WITHIN THE SEBASTIAN
MUNICIPAL AIRPORT; PROVIDING THAT IT IS UNLAWFUL TO PARK IN A DESIGNATED NO
PARKING ZONE; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FoR SEVERABIL1TY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
2/26/97, Advertiaed Legal 3/12/97, PH and Final Adoption 3/26/97)
The City Attorney read Ordinance No. 0-97-44 by title and Mayor Barnes opened the
public hearing at 7:48 p.m.
The City Manager briefly explained the need for the ordinance.
Herbert Sturm, 549 Saunders Street, Sebastian, asked why only parking on right-of-way
at the airport is being addressed. The City Manager said the funds that would be needed
to repair swales on airport property has a different source than other city tight-of-way.
Attorney Warren Dill, representing Skydive Sebastian, objected to the ordinance and
suggested the signs also be posted on Airport Drive East and the City not single out his
client. He inquired why no concerns have ever been expressed about Golf Course tight-
of-way parking.
Being no further business, Mayor Barnes closed the hearing at 8:00 p.m.
Mr. Taracka said a new parking ordinance will be brought forward in the near future
affecting all City tight-of-way.
The City Manager said perhaps in the future if all traffic is directed into the paved
entrance, the shelled area of the road could be designated for right-of-way parking.
Regular City Council Meeting
March 26, 1997
Page Eight
Mr. Paul asked if police presence would have to be increased. The City Manager said he
had asked the police department to occasionally drive down Airport Drive West but did
not anticipate any increased activity. He said he would be glad to bring a plan back prior
to placement of no parking signs.
Chief White said he did not see a need for increased manpower; that he would definitely
like to see recreational vehicles off the right-of-way area to allow emergency vehicle
access; and said if the issue is not addressed now parking on right-of-way will increase.
The City Manager suggest~&d a deferred effective date to give Mr. Grimwade time to get
his parking lot constructed or maybe that parking could be restricted to one side of the
road:
Mrs. Cartwright reminded Council that this ordinance merely gives the City Manager
authority to establish no parking areas.
The 'City Attorney said the City is acting as landlord and can establish rules and
regulations for its property. The City Manager again said he could bring back a proposed
plan at the next regular meeting.
MOTION by CartwrighffPaul
I move to adopt Ordinance No. 97-44 with the amendment that the ordinance will
go into effect 30 days at~er adoption.
ROLL CALL:
Mrs. Sullivan - aye
lVI~s. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 5-0
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March 26, 1997
Page Nine
I
11. COMMITTEE REPORTS/RECOMMENDATIONS
I Mrs. Cartwright reported on the Commission on Ethics meeting and its invitation to Bonnie
Williams of State of Florida Commission on Ethics on May 21, 1997.
I Mayor Barnes called recess at 8:25 p.m. and reconvened the meeting at 8:38 p.m.
I 12. OLD BUSINESS '
iNone. ·
13. 15tEW BUSINESS
I 97.106 A. Devartment of Community Affairs Grant Proiect - Enforcement Activity Verification
Pr~eram f~olice Deotl Tr~nsmitta1 3/20/9T} -
I . The Chief of Police gave a brief explanation of the DCA grant and the enforcement
activity verification program.
I MOTION by Cartwright/Taracka
I move to authorize the City and Police Department to enter into the grant
i agreement with Florida Department of Community Affairs for the project for video tape
recorders with DCA $10,000 and the Police Department budget $1112.00.
I ROLL CALL: Mrs. Barnes - aye
M/'. Taracka - aye
Mrs. Cra-wright - aye
I Mr. Paul - aye
Mrs. Sullivan - aye
I MOTION CARRIED 5-0
I T
APE II - SIDE II (8:44 p.m.)
I
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Regular City Council Meeting
March 26, 1997
Page Ten
97.107 B.
97.108 C.
Community_ Map and Information Guide (City_ Clerk Transmittal 3/18/97. 1_993
Community Mat~ and Information Guide)
The City Manager and City Clerk explained the community map.
MOTION by Cartwxight/Taracka
I move to authorize the City Clerk to proceed with the preparation and distribution
of the map of the City of Sebastian.
ROLL CALL:
Mr. Taracka - aye
MrS. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
Pronosal from Councilmember Sullivan for Invocation in Absence of Police Department
Chaplain or Other Clergy (City. Manager Transmittal .3/20/97)
Mrs. Sullivan had presented a non-denominational prayer to be read by a Council member
in the absence ora clergy person, however, the City Attorney stated that approval of this
measure could put City Council in danger of violating the establishment clause of the U.S.
Constitution and recommended against it. She said prayer by a chaplain, or a prayer by an
audience member of his/her own choice or preferably a moment of silence would be
acceptable.
City Council discussed which were the best methods.
Ina Genesco, Periwinkle, Sebastian, recommended a moment of silence.
Tut Connolly, Kildare Drive, Sebastian, recommended a moment of silence with its
purpose stated by the Mayor.
10
'Regular City Council Meeting
March 26, 1997
Page Eleven
97.109
14.
MOTION by Sullivan/
I would like to make the motion then that there be a moment of silence after the
Pledge of Allegiance in the absence of the Chaplain, that the moment of silence be held by
the Council and be announced by the Mayor.
Mrs. Sullivan had added "for the purpose of asking guidance and wisdom and good
judgment in performing our duties", but was asked to eliminate that portion of the motion
and leave it to the discretion of the Mayor to announce its purpose. She agreed.
MOTION was then seconded by Mrs. Cartwright.
ROLL CALL: Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
Request by Councilmember Sullivan for Discussion Re: Handbills as Found in Chaoter 6.
Article II. Code of Ordinances (Ciw Manager Transmittal 3/20/97. Challter 6-Article ii)
The City Attorney said the ordinance is fine when used to enforce as it relates to
commercial, however there can be no prohibition of protected speech rights.
No action was required and the City Manager said he would inform enforcement staff.
Ii~ITRODUCTION OF NEW BUSINESS FROM TItEPUBLIC
Which is not otherwise on the agenda - limit of ten minutes for each speaker
Sal Neglia, 461 Georgia Boulevard, Sebastian, discussed the March 20 Planning and Zoning
meeting at which a special use permit was approved without benefit of a site plan or drawing; said
he will continue to bring items to Council as long as ordinances are not abided by; such as trucks
parked in Walmart, the size of the Cornerstone sign, vendors at events in Riverview Park not
obtaining health permits, use of the city's electricity by for profit vendors.
11
Regular City Council Meeting
March 26, 1997
Page Twelve
15. CITY COUNCIL MATTERS
A. Mayor Walter Barnes
97.110 i.
Appointment of Liaisons to CounW/Regional Committees (City_ Clerk Transmittal
3/19/97. Liaison Lis0
Affordable Housing
The Community Development Director and Building Official will share the position.
TAPE III - SIDE I (9:30 p.m.)
Council of Public Officials
Mrs. Cartwright and Mrs. Sullivan volunteered for the member position. Mayor Barnes
said he would come back to this item.
EconOmic Develooment Council
Mr. paul was appointed member and Mrs. Sullivan was appointed alternate.
EmeHen~ Services
Vice Mayor Taracka was appointed member and Mrs. Cartwright was appointed alternate.
Land Acquisition Adviso'~ Committee
Due to some confusion as to whether the member was required to be an elected official or
not, the City Clerk said she would check with Indian River County Assistant Attorney Will
Collins tomorrow.
Harry Thomas, 654 Balboa Street, Sebastian, MPO Citizen Committee member, said he
would be happy to volunteer if needed.
Metropolitan Planning Organization
Vice Mayor Taracka was appointed member and Mayor Barnes was appointed alternate.
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Regular City Council Meeting
March 26, 1997
I Page Thirteen
SebastianRiver Area Chamber of Commerce
City Manager was appointed member and Mr. Paul was appointed alternate.
Treasure Coast Council of Local Governments
Mayor Barnes was appointed member and Mrs. Cartwright was appointed alternate.
Treasure Coast Re~onal Planning Council
Mr. Paul was appointed member and Vice Mayor Taracka was appointed alternate,
however, with the concurrence of Vice Mayor Taracka, Mr. Paul requested that after the
first six months, the alternate attend the meetings due to his work schedule. Vice Mayor
Taracka agreed.
Council of Public Officials
Mrs. Cartwright and Mrs. Sullivan again requested membership on this committee,
therefore a roll call was taken first on Mrs. Cartwright.
ROLLCALL:
Mr. Paul - aye
Mrs. Sullivan - nay
Mr. Barnes - nay
Mr. Taracka - nay
Mrs. Cartwright - aye
MOTION FAILED 2-3 {Sullivan, Barnes, Taracka - nay)
Mrs. Sullivan was appointed member and Mrs. Cartwright was appointed alternate.
Other Matters
Mayor Barnes received the concurrence of Council to direct the City Clerk to mail a letter
of support regarding the proposed fishing reef~ recommended quarterly open public
meetings to allow the public to air issues important to them, and it was decided to place
this item at the end of the April 2 workshop agenda time permitting.
13
Regular City Council Meeting
March 26, 1997
Page Fourteen
B.
Co
Vice Mayor Richard Taracka
Mr. Taracka requested discussion of the Bert Harris Act be on a future workshop.
Councilmember Louise Cartwfight
Mrs. Cartwright asked about the proposed park use policy ordinance; suggested that
discussion of the procedures resolution R-97-02 be placed on the April 2, 1997 workshop.
Councilmember. Larry- Paul
Mr. Paul requested information regarding regulation of skydiving activities on behalf of
Constance Spates. The City Attorney said the City's hands are tied in these matters and
that Mrs. Spates should contact the FAA. The City Manager said FAA had advised him
that the City should look to trespass laws.
Mr. Paul recommended that the City look into obtaining a moveable band shell for use in
Riverview Park.
Councilmember Ruth Sullivan
None.
16. Being no further business, May~r Barnes adjourned the Regular Meeting at 10:05 p.m.
Approved at the
,1997 Regular City Council Meeting.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Walter W. Barnes
Mayor
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City of Sebastian
I 1:~25 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 cl FAX (561) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
TUESDAY, APRIL 1, 1997 - 3:00 P.M.
CITY COUNCIL'CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Barnes called the meeting with Congressman Dave Weldon to order at 3:00 p.m. Other
City Council members present were Louise Cartwright, Larry Paul and Ruth Sullivan. Vice
Mayor Richard Taracka was excused.
Staff members present were City Manager, Thomas Frame; Director of Community Development,
Robert Massarelli; City Planner, Tracy Hass; Zoning Technician, Jan King; and Deputy City
Clerk, Sally Maio. :
Mayor Barnes stated that Congressman Weldon was in attendance to respond to concerns
expressed in a letter sent to him by Mayor Barnes on behalf of the City relative to the scrub jay
issue (see letter attached). (0~1t~54/~,
Congressman Weldon discussed his support~ unfunded mandates legislation in relation to the
Endangered Species Act, and said he would be taking this letter to U.S. Fish and Wildlife and
Committee Chairmen involved in the issue. He said letters such as the City's are helpful in
demonstrating the concerns of private property owners.
Congressman Weldon also spoke on issues relating to funding for unexploded ordnance in the
area; Medicare and other entitlement programs; the lack of Russian funding to move forward with
its component of the redesign of the international space station project; his membership on the
Banking Committee which oversees the manner in which the Securities and Exchange
Commission operates and housing issues; his support for prohibition of legislation which would
impose a tax on the internet; his support for child health care insurance; and his support for
funding for cleanup of the Indian River Lagoon. He fielded questions from City Council on these
issues.
Special City Council Meeting
April 2, 1997
Page Two
The City Manager inquired about the problem of not being able to obtain FAA. funding for the
City's airport improvements as required by the Master Plan. Congressman Weldon thanked him
for bringing this to his attention and said he would explore the issue with the FAA.
The City Manager then spoke to the problems created by the increased skydive activity at the
airport. He noted that those activities are governed by the FAA since the airport received federal
funds in the past and now the City finds itself in a situation where it cannot obtain federal funds.
Congressman Weldon said he would look into the matter.
The special meeting adjourned at 3:55 p.m.
Approved at the
,1997, Regular City Council Meeting.
Walter W. Barnes
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
2
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February 24, 1997
City of Sebastian
1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
Congressman Dave Weldon
Brevard County Government Complex
2725 St. John Street, BuiIding C
Melbourne, Florida 32941-0007
Dear Congressman Weldon:
In reply to your letter of February 4, 1997 requesting input regarding federal matters which
impact on local governments, I have three areas of concern.
1. Scrub Jays
· 2. Scrub Jays
3. Scrub Jays
The issue has forced n~any local governments, including Indian River County and Sebastian, to
spend inordinate amounts of scarce dollars. These dollars are required to purchase habitat for the
"endangered" Scrub Jays. No federal dollars are allocated. In Sebastian the actions of the Fish
and Wildlife Department border on constituting an illegal taking of Iand from individual lot
owners. They have depressed the value of lots in certain areas of Sebastian and the lot owners, in
many cases, have been forced to sell lots at reduced prices to the County. This is a sorry situation
and not what was envisioned by Congress.
The City of Sebastian has recently budgeted $25,000 for a mitigation project adjacent to the
Municipal Airport. There are a total of three birds on the site.
When does it stop. Your help in controlling an out of control Federal Bureau would be much
appreciated.
Sincerely,
Walter Barnes, Vice Mayor
City of Sebastian
. City of Sebastian
(561) 589-5330 Fax: 589-5570
1201 Main Street
Sabaatian. FL 32958
I CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT: AGENDA NO. '
Computer Voice Stress Analyzer & Training
DEPT. ORIGIN ' _ Police
DATE SUBMITTED ' _ 03131/97
MEETING DATE · _ 04/09/97
EXHIBITS
APPROVJEJ:) FOR SUBMIT'~AL:
Expenditure Required: I Amount Budgeted:
$8,970. I None
Price Quotes, User List
& CostCom parisonsAttnched
Appropriation Required:
Forfeit Funds: $8,970.
SUMMARY STATEMENT
NOTE: Funds for this 'Purchase are to come from the Drug Forfeiture Funds Account; no
dollars or budgeted funds are to be used.
tax
Since their inception during the past decade, Computerized Voice Stress Analyzers (CVSA's) have been
rapidly replacing the older technology of polygraph (lie detector) examinations as an investigative tool and
resource. CVSA's are less expensive, faster .and more accurate than the a poljgraph. CVSA's take less time
for interviews, require no hook ups of body sensors and require less operator training time. CVSA's can
even be used to analyze recorded statements; even those that are years old. CVSA's can be used for truth
verification of criminal suspect's statements, victim/complainant statements and employment applicant
statements on background investigations. Having a CVSA system and a Certified CVSA Examiner in the
police department will eliminate our dependancy on other agencies and produce more timely investigative
results.
RECOMMEND. ED ACTION
Authorize the City Manager and Police Department to purchase one (1) CVSA system ~ $7,995. and
Certified Examiner training course for one Investigator ~ $975, from the National Institute for Truth
Verification (NITV). Total expenditure $8,970, from the Drug Forfeiture Funds account.
CITY OF SEBASTIAN PURCHASING
EXTRAORDINARY PROCUREMEblT CERTIFICATE
DATE: 3/31/97
TO: PURCHASING DEPARTMENT
FROM: Randy White, Chief
DEP.~RTME~NT: Po 1 ice
TYPE OF PROCURE,MEaNT: SINGLE SOURCE f~ EMERGENCY O
ITEMS OR SERVICES REOUIRED:_ Computer Voice Stress Analyser and
for one (1) Investigator.
Training
PROPOSED VENDOR:
National Institute for Truth Verification
3500 Fairlane FaFms Road
West Palm Beach,~FL 33414 Phone # (561) 798-6280
JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREME~'~ PROCEDLrRE:
Only known manufacturer and distributor for this type
equipment and training.
CER 77F../CA 770N0 F A VAILA~/L/7'Z.',.¥ECESSITZ.
I hereby certify that I have thoroughly reviewed the fact, and circumstances of this requested purchase and that
(1) the supplier of the goods/service~l reque-qted i~ the sole source supplier, or (2) tlle Department has an urgent need,
on an emergency basis, for the purchase of the goodMservices and the emergency i~ such that a delay through the
uae of normal competitive procurement methods to acquire such good/services would not be in the public's beat
interest and would be detrimental to the City. I also certify that this request is in full compliance with the City. of
Sebastian Purchasing Ordinance- tffff~
Department Head Si~amre
Approved:
Ci.ty Manner
Date: 03 31 97
Month Day Year
P.O. ~OX 60519
COLOP. ADO SPP.lq~GS, CO
~O~ LF~%SING CO~PA/~Y
1223 I~ PLAZA DRi'V~
80960-0519 COLOP~%DO SPRINGS, CO
PH: 1-800-8=2-8070 FAX: 719-576-0-~70
March 12, 1997
ATTN: DETECTIVE MAYNARD
Sabastian Pclice Dep=
~.qOM: Dcnna J. Mount
PH~: (561) 589-~-33 EXT 24
FAX: (561) 589-2207
QUOTE
17141
M~NICIPltL LEA~E PURCHASE RAT~ Q~TE F0K FII~NCING
Sabastian Police Dept
EQUITY: COMPu-r~RIZED VOICE STRESS ANALYZER .£
OPTION 91: (1) PAY~ DU~U~ONACC~TANC~ 0P EQUIValeNT
EQ~~ COST: $8,970.00 - I~;CL~IDES T~AINING FOR 0N~ OFFIC~
TER~: 36 MOS. 12 QT~. 3 ~/~
PATE: .0327 .0973 .3758
0T~2~R PAYME2~T OPTIONS ARE AVAILA3LE:
TEi~MS: 24 MCNT~{S 48 MONTHS
RATE: .0470 .0~70
PAYS: $421.S9 $242.19
PLF2%SE C~ FOR 0T~ OPTIONS A%rA~~tBL~ ~D FIT YOUR B~TD~ING
**The Lease Agre~men= has ~he s~an~ar~ Non-Appropriation clause ~rlth a $1.~0 buy out
uDon ¢~let!cn o~ all payments. These re=es ~e ~e~ ~o ~ge b~e~ u~on
appr~al of ~!n~cial s=at~nts of ~e ~icipali=y. ~!$ IS NOT A CO~ TO
P~, F~ ~PROV~ IS CO~G~ ~ON ~IPT OF PRO~E~Y CS~LET~ DO~ATION
~ ~RIFI~TION. Please call Donna J. Mc~= for ~y ~urthe= in~o~tion or
~es=ions.
**~IS ~TE IS 0~ ~E~ FOR 30 ~YS FR~ ~ DATE LIST~ ~0~.
** We f~d the vendor in f~l wi=bin 10 business ~ys after cu~!eted lease
doc~en~s have been received and a~pruved by our dccuments deDarumenn.
900/~00 ~
£6/~ [,,"~0
P.O. BOX 60519
C0r. ORA~O SPRING-q , CO
ATTN: DETECTIVE MAYNARD
Sabastian Police Dept
FROM: Donna J. Mount
PHS: (561)589-5233 EXT 24
FAX: (561)589-2207
17141
~0NICZPAL LEASl PURCHASE RATE QUOT~ FOR PINANCING
LESS~: Sabastian Police I~ept, FL
0~ION $1:
~~ ~ST: $7,995.'00
~: 36 MOS.
(1) PAI~]~F~ DUE ~ON ACCEI~iqC~ OF EgU~PWENT
for mach{~e only (no training included)
12 QTRS. 3 ANNUAL
RATE
FACTOR: . 0327' . 0973 . 3758
$261.44 $777.91 $3,004.52
OTHER PAYMENT OPTIONS AR~ AVA/LABLE:
TE~MS: 24 MO~ 48 MONTHS
RATE
FACTOR: .0470 .0270
PAYMENT: $375.77 ~ $215.8~
PLEASE CALL FOR OTHER OPTIONS AVAILABLE TO PIT YOUR BUDGETING NEEDS
OR TO INCLUDE TRAINING LNTHE F~''~'J AMOUNT
**The Lee, as AgreemenC has the aCandard Non-Appropriation clause with a $1.00 Buy out
u~on completion of all paymen=s. The~e rates are sub~ect uo chan~e ~aaed upon
ap~roval of financial ~ta=ements o~ t~e m--i¢~palit-f. THIS IS NOT A COMM~T~u~T TO
FUND, FINAL APPROVAL IS CONTINGENT UPON RgC~I~T 0P PROPERLY CCM~LHTED DOCUKENTATZON
AND VE~iF!C.%TION. Please =all Donna J. ~un= for any £ur=her information or
Comparative cost of the Computer Voice
Stress Analyzer vs. the polygraph
Computer Voice Stress ,4nalvzer Computerized oolwrat~h
initial cost of system alone $7,995.00
Tuition for 1 student $ 975.00
Length of training 6 days
Cost of room & board
factored at $70.00 per day $ 420.00
Salary for student while
irt training (U.S. average) $ 769.23
Number of exams that an
examiner can conduct per day 7
Average percent of
inconclusive results :
on exams (average) 0%
Can un/t analyze audio tapes
for truth verification? Yes
Do drugs, mod/cai condition,
or age affect testing No
$13,000.00
$ 3,000.00
8 weeks
$ 3,920.00
$ 6,153.84
2
20%
No
Yes
Total cost to purchase 1 unit
and train 1 agent
$~
FLORIDA LAw ENFORCEMENT AGENCIES THAT UTILIZE THE CV,.5'A
Department
Palm Beach Police Dept.
West Palm Beach Police Dept.
Delray Beach Police Dept.
Osceola Co. Sheriff's Office
Boynton Beach Police Dept.
Boca Raton Police Dept.
Riviera Beach Police Dept.
Por~ SC Lucie Police Dept.
St. Lucie Co. Sheriff's Office
Stuart Police Dept.
Martin Co. Sheriff's Office
Orange Co. Sheriff's Office
: Titusville Police Dept.
Casselberry Police Dept.
Brevard Co. Sheriff's Office
Cocoa Police Dept.
Palm Bay Police Dept.
Seminole Co. Sheriff's Office
Longwood Police Dept.
Sanford Police Dept.
Lake Worth Police Dept.
Altamont Springs Police Dept.
Orlando Police Dept.
Palm Bench Co. Sheriff's Office
Jupiter Police Dept.
Indian River Co. Sheriff's Office
: Palm Beach Gardens Police Dept.
St. Cloud Police Dept.
Ft. Lauderdale Police Dept.
North Miami Beach Police Dept.
Miami Shores Police Dept.
Margate Police Dept.
Davie Police Dept.
Sweet-water Police Dept. ,."
Broward Co. SheritTs Office .'
Miami Police Dept.
Hollywood Police Dept.
Key Biscayne Police Dept.
Pembroke Pines Police Dept.
Tallahassee Police Dept.
Bay Co. Sheriff's Office
£scambia Co. Sheriff's Office'
Pensacola Police Dept.
Washington Co. Sheriffs Office
Walton Co. Sheriffs Office
Santa Rosa Co. Sheriffs Office
Jefferson Co. Sheriff's Office
Putnam Co. Sheriff's Office
Hernando Co. Sheriff's Office
Clay Co. Sheriff's Office
Panama City. Police Dept.
University. of Florida Police Dept.
Okaloosa Co. Sheriff's Office
State Attorney's Office
Ocala Police Dept.
Leon Co. Sheriff's Office
Flagler Co. Sheriff's Office
Gadsden Co. Sheriff's Office
Lee Co. Sheriff's Office
Collier Co. Sheriff's Office
Sarasota Co. Sheriff's Office
Sanlbet Police Dept.
/---.~-% Highlands Co. Sheriff's Office
/ '~Arcadia Police Dept.
/ ~2--' )Ft. Myers Police Dept.
[, ~" j Naple~ Police Dept.
~,.._~_ DeSoto Co. Sheriff's Office
'-- Okeechobee Co. sheriff's Office
Dee. Burfield 407-838-5454
Capt. McClure 407-827-4001
Sgt. Thomas Tustin 407-243-7850
Dee. Thomas Barber 407-340-1 150
Sift. Carrion 40%734-8111
Capt. Goode 407-338-1275
Chief Poreba 407-845-4147
Lt. Scott Bartal 407,871-5052
Sgt. Bill Walker 407-489-3245
Lt- Connolly 407-287-1122
LL Vaughn 407-220-7062
Lt. Volkerson 407-8364020
Capt. Don Nettles 407-269-7500
Dee. Toole 407-263-3954
Inspector Dan Wiimer 407433-2109
Dee. Gordon Chase 407-639-7631
Dee. Dave Fowler 407-952-3459
Det. Frank Johnson 407-330-6635
Lt. Russell Cohen 407-260-3400
Det. Paul Little 407-323-3030
Lt. Paul Patti 407-586-1628
Lt. Deel 407-830-3827
Der. David Arnott 407-246-2470
~'t. John Kianka 407-688-4015
Capt. Hermanski 407-746-6201
Sgt. Sid DuBose 407-S69-6700
Dee. Robert Artola 407-775-8223
Dee. Vincent Shepard 407,892-2114
Sgt. Richard Herbert 305-761-5510
Der. Ron Friedman 305-949-5S00
Der. Cosner 305-75%3342
Dee. Clarke 305-972-7111
Dec Bob Spence 305-797-1200
DeL Montalvo 305-552-9900
Lt. Fantagrassi 305-321-4239
Lt. Rodrequez 305-579-6565
Lt. Futch 305-967-4316
Det. Lar~' Boemler 305-365-8911
Sgt. Raimondi 305-431-4500
Lt. Garber 904-891-4200
Capt. Hughes 904-785-4351
Sgt. Steve Peacock 904-436-9591
Det. Robert Hurst 904435-1970
Det. James Strictland 904-638-6111
. Capt. Trusty. 904492.8111
· Det. John Butler 904423-3691
Maj. Plymale' 904-997-2523
Capt. Richard Schauland 904-329-0820
Major Smith 904-754-6830
Lt. Tom Waugh 904-264.-6512
Sgt. John Van Etten 904472-3100
Dee. Collen Kendall 904-392-9842
Der- Mark Young 904-651-7400
Inv. Allen Cotton 904-436-5300
Sgt. Graham 904-840-5746
Maj. Watson 904-922-3468
Lt. James Schweers 904-437-4116
Lt. Tommy Haire 904-875-8869
Lt. Col. Dirk £1ver 813-332-3456
Capt. Mike Ryan $13-793-9204
Lt- Lovern 813-951-5336
Det. Kevin Morehouse 813-472-3111
Lt- John Chess 813-385-5111
Chief Carlton 813-494-2222
Capt. Harris 813-334~i55
Dec Tim Cuily 813-434-4835
Sgt. Keith $owell 941-993-4700
DeL George M. SuSie 941-763-3117
I
City of Sebastian
1~25 ~IAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 n FAX (561) 589-5570
CITY COUNCIL AGENDA
SUBJECT:
Approve Payment to Supervisor of
Elections for Administering
March 11, 1997 General Election
AGENDA NO:
DEPT. ORIGIN:.
DATE SUBMITTED:
MEETING DATE:
APPROVED FOR SUBMITTAL: EXHIBITS:
Expenditure Required: I Amount Budgeted:
$ 6,512 [ $ 6,000
SUMMARY STATEMENT
SOE Letter 3/24/97
Election Costs
Appropriation Required:
Each year I submit to City Council the expense request from the Supervisor of Elections for costs
incurred for administration of the general election for formal approval.
Attached please find a request from Sugervisor of Elections Kay Clem and a cost breakdown.
RECOMMENDED ACTION
Approve payment for administration of the March 11, 1997 general election to the Indian River
County Supervisor of Elections in the amount of $6,5 !2.
Kay Clem I
~ ~,.. ~~-i~ ~ TELEPHONES: (4071 507-8187 or 567-8000
March 24, 1997
Mrs. Kay O'Halloran, City Clerk
City of Sebastian
P. O. Box 780127
Sebastian, FL 32978-0127
Dear Kay:
All of the bills have been received for the March 11, 1997 city election. Enclosed are copies
of the expenses incurred for Fellsmere, Indian River Shores, Sebastian, and Vero Beach, as
well as a detailed itemization for Sebastian.
Please send a check in the amount of $6,512 payable to "Supervisor of Elections".
If you or any of the city officials want to look over the support material for these expenses,
I'll be glad to discuss and go over them with you..
Supervisor of Elections
Indian River County
O.
R~R-O~--1997 10:49
CmTy 0r
SEBASTIAN
0 12.17
14 35.13
,1~6 . 33149
~ 34.02
5 . 34.02
' 34.21
loo 34.42
~ $4
74' 34.72
35,29
35.29
35.29
35.29
35.29
35.29
35,29
35.29
35.2~
:3
, .2]. 3 '
,5
'30 1
1
'4 :
4 . ~
'4
-3
· i2
2~4'
4
4
FROM IRC ELECT IONS suPERV I SC~ TO
.' T~I~ OF ~IC~l city Municipal
· DATE OF ELEcrIc~ 3 - !,i - 9 7
9589557~
z~u~down.'
P. 02
City of Sebastian, Florida
Subject: Appointment of Three Regular
Members to the Code Enforcement Board
& Request for 2nd Alternate Position
Approved for Submittal by:
Exhibits:
Agenda No. ~- //7
Department Origin:
Commu 'ty Development
Date Submitted - April 2, 1997
For Agenda off April 9, 1997
1) Application 2) Minutes from Code Enforcement Board, meeting of 3/19/97
3) Section 2-179 and 2-180, Code of Ordinances
EXPENDITURE
REQUIRED: None
AMOUNT BUDGETED:
None
SUMMARY
APPROPRIATION
REQUIRED: None
Mr. May'~s regular subcontractor position expired 2/1/97. Mr. Neglia's regular member position
and Mr. Generazio's regular businessman position expired 3/1/97. All three members are eligible
for re-appointment. The positions were advertised to the public until March 14th, 1997. Two
additional applications were received along with Mr. May's, Mr. Neglia's, and Mr. Generazio's.
After its interview with the applicants at their March 19, 1997 meeting, the Code Enforcement
Board p~/ssed a m.6'tign to recommend to City Council to re-appoint the current members; Mr.
May's second term to expire 2/1/2000, Mr. Neglia's and Mr. Generazio's second terms to expire
3/1/2000. .
The provisions of Section 10, Resolution 1t.-94-51, requires that the City Council interview each
applicant at a public meeting prior to voting for their selection.
A second motion was discussed regarding the addition of another alternate position to the Board.
Currently, there are seven regular memb6rs and one alternate member. Section 2-179 of the Code
of Ordinances states the Board may consist of"at City Council's discretion, up to two alternate
members." The Board passed a motion requesting the City Council approve a second alternate
position. There were also two failed motions regarding recommendations for the second alternate
position. The Board members were not certain they could make a recommendation for a position
that was not yet approved, and if they had to advertise the new position to the public or could
they consider the applications already received.
RECOMMENDED ACTION
1)
Interview the applicants and appoint or re-appoint to fill the subcontractor's position, term
to expire 2/1/00, appoint or re-appoint to fill the member's position, term to expire 3/1/00,
and appoint or re-appoint to fill the businessman's position, term to expire 3/1/00.
2)
Make a decision regarding the second alternate position. If the position is approved, City ~--'k
Council can make an appointment from the remaining applicants.
2.
3.
4.
5.
6.
7.
8.
9.
HO~E
TELEPHONE
BUSINESS~ ~ '" · "" c~ '
BUSINESS TELEPHONE· , ' [ , ~ '~; '
RES~E-'~F' iDU~ATiON' ~ E~ER!ENCE: ~r~ _ .....
· .. :: :: -; ......... -... , ......
'"'"~ ' . . ~ - '; · · .,-" ~'~ ]- .[ C'.'t'".'~: %:[ ..... .t:- ~" ' '
(use additional snee%.~''if necessar~br'-s~ubmit':resume if available)
15.
Voter registration no.
Length of R~sidency ~"
so ' ':':':'
Do you ser%~e on a City Board at present?
Yes~No~
Yes No~
PLEASE CHECK THE BOARD(S) YOU ARE INTERESTE~ IN SERV~N~,,~N:
(Please number in order..of,preference with first choice' -
~BOARD--OF ..............................................
ADJUSTMENT
CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD
*PLANNING ~ND ZONING
HANDICAPPED COMMITTEE
16~ What qualifications do you have to se~-¢e on this board~
~ . ~'~ ~.,~., ~ . ~ ---- ___ __ . ·
17. What reasons do you have for wishing to serve cn an adviso~
board? -
18. Have you ever been convicted of any felony or any
misdemeanor involving moral turpitude in this or any state?
-. Yes No
....... 19'-' ~°~i"d ~°u'c°n~ider serving on another Bo,.~other than
.._Pne(s) you selected above? ,'' Yes(~.__ No= , .the
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 omission of information
requested in this application is cause for d/squalification or
...... r _e.m._Oval ................... - ................
I understand that' th-e Ci~-'" ' ' " ' ~' ""' .........
...... CounCil,'of 'the '-City of SEBASTIAN may
suspend or remove from office any municipal board member 'for
malfeasance;._.misfeasance, ne~lect~-d--~duty, habitual drunkenness,
..... i~-~'mbetence, or permanent inability ,.to 'perform'- h/~-offtC'~a1
· 'duties'"'i~'~'"Further,:-"I' understand 'that the City Council may suspend
any municipal board member who is arrested for a felony or-,for "a
.-. misde-meanor related to the-'duties"'0f-his 6ffice or who is
indicated or informed against for the commission of an~-felo~y
misdemeanor.' _ ~.. , _. - ....~'-~-
..... . : -,....~-......--_ _~ .... _,,.~.?,,3.1~
I here_by__authorize the Sebastian-Polic-~ Department to run an
active-warrant .check on me, ?'-:_~.'.. ::-."..:' i-: .,~'A:..£--..:..~,.:r ~. ,:.-~,~';
'- :: ,,.. ..... -. :' ? 'J 2 --,.'.. - ',' :""" '; '~,~ .' .... :," '~ · .' ,' ":~, ....
i ~ub~s~cribe, .~d s,w~rn~ to .befor, me this ~._~. :day,'Of :7. ,~_,~>~
o me or ,hjfs ~'oduced ,~/~,~. ~.".,~. . a.s fdentifidation.
/=~1'~ -~/'~Sr' b-?-/~3 -~ .. ~ '-.".
........... · :~..: ?"; .'": ,~c · ';. ':-'~', ;' -
(SEAL) '" ..... 17 ~ ,72 .~. ...... i l.".'.;: _ ·
......... : ..... ~ .7., ~.. ~ '.
...... ' , ': J'h'",,'-"-v'
'- . '
of No~~ ........
~\~s-form/aoulica'tion
Commission No.
USINESS
EXPERIENCE
05/96 to present
10/17/94 to ·
04196
09/01191;,t0:
04/02/94
04/01/90 to
04/12./89 to
03/31/90
04/01187 to
12_/01/8a
Joseph E. Flescher II
449 Hibiscus Avenue
Sebastian, FL 32958
(407) 388-9531
Courtyard by Marriott, 2101 W. New Haven Avenue, West Melbourne, FL
Engineer
Main responsib~ltes incJude general maintenance, design and application of
building improvement~ for a 145 room resort hotel.
New yO~ Marriott MenU. is," !535 Broadway New York, NY 10036
Loss Prevention/Guest Services
Loss prevention 0fficer/Man~'oA Duty
As a Loss Prevention Officer 'my'duties consisted of guest and associate
security for a 1935-room property located in Times Square. As of June 1995, I
was ~roes lralned a's a Manager on Duty. Alter having gained basic knowledge
of all disciplines within this major New York City hotel, i have been performing
the function of Manager on Duty until the present time_
JFK Airport' Hiitoi~:138:-10 135"~venue Jamaica, NY t 1436
Director of Security and Rm Safety'
Responsible for the logistical 'Coordination and supervision of approximately 25
security officers at 345-unit hotel. Operationally accountable for intemai and
guest security as well as fire safety.- Personally devised the' emergency plan
and fire safety procedures for this location in accordance with the NYC Fire
Department Local Law~,. Responsible for the selection and implementation of
security applications, l.e: dosed circuit surveillance syste'ifi', lighting, alarming
and e.-.._~y .Lc~-A .%~t..em.
Assistant Direct~ of Security and Transportation .:'..~ .....
Ar~,,~L,,,ted in the supervision and continuous operation of the Security and
Transportation departments. Responeib/e for ail administrative duties relating to
each department. Worked in conjunction with local, state and federal law
enfol:Cemenf agencies, coordinated VIP accommodations such as Presidents,
Heads'of States and sensitive personnel.
SeCurity Officer
Accountable for internal and guest security as well as fire safety.
Patroimen's Benevolent Association
40 Fulton Street New York, NY 10038
Network Administrator
Responsible for the computerized manufacturing and distribution of PBA
member cards.
Joseph E. F~escher II
01101/83 to
03/31/87
The New York City Police Department
I Poi[ce Plaza New York, NY 10007
Police Officer .,
Policing assigned areas and enforcing the State and City laws. As Community
Affaim Officer, PBBN,! was responsible for the development and continued
promotion of an active liaison between the:police department, clergy, commUni~/
groups, polltlcJar~ and civic associations.
. . 01183 to 06183 New~o~ City Police Academy, Manhattan, NY'
Undel:l~ad~ate C~rtictllum in police ~¢ience, social scie. ce, law, physical
:,, . M. BallJC~l, Manhattan, NY
......... ;~ '~- Majoc Ma;ketJng Management:
06/80 Queensbomugh Coamunity College, ' ......
Mince. Tra~Po'hatlOnel Law ,~....' ;.....:
':". ..._:.~:.~,~,.;:_~.,.,~;:,.. ,..~ .... ~-.~:~..,;;, -.~ -.: , ....... , ..... ,.-.~. ; : .... -
'~..,, =, ',-""'. ,,.:_,";: ~ .-. ..... :~. ~.; :.' , ':'.,,;'=,:, -:,'-'~ '"~ ,."' ~i?: .. :'~.?.-':~ '~.~',;',';~ ,,:-'?~,": -.;',.
.;;, ~' .'/",.:' =06/76 .:' ".".- ','.':, '. ::,: Beach Channel'~'''"
High SChoOl, Queens, NY
= ::= ':, : s:".', .,...-. .... : Diploma in Oceanography :~,.,:. ....
::':'~:::~ .,=., GENERAL':~ ..... .:,, ,. ,-,.-=:.~ -:= ::., ~, ,.,.:-
:.~ . Professional Educalion .-
EXPERIENCE .,-. ,..?., ,.,.? .... ,.. ...
Page 2
12./94
--.:..'.-' 06190 to 09190
. : . ...?' ': . ; - ,..
09~89 to 11/89
O6/86
Responder coume. Emergenc~ me~lca~ a
.... =' Hilton Pflority' Cn'~ and PerfOrmance for Excellence. Management objectives in
"~1 .st0.mer relations and e0.hanced c~stomer interaction.
Completion of the New York City Fire Safety Director course.
· NYPD Crime Pmventfon. Advanced techniques and applica~on for proper
bulidtng security.
PROFESSIONAL
SOCIETIES
03/o~/85 to
03/10/92
06/83 lo present
NYPD Boxing Team
Director and coach.
NYPD Holy Name Society
Joseph E. Fle$cher II
06183 to present
01/83 to present
REFERENCES
New York State Fraternal Order of Police
Patrolmen'= Benevolent A.~soc~atlen
Available upon request
'"" Page 3
PPLICATION TO SERVE ON CITY BOARD
4.
5.
6.
7.
8.
9.
(use additional'sheets if necessary or
submit resume if.available)'
" ·r,~- ':' '' ' - .'" .: :;,2,'. ~'~: '....~.,~ ,~r ......
Are
11.
Mou A resident of the City? ' Yes~o
12. Length of Res±dency' . ....
.... ~ ..... . .. "' - '_ ..... ~ .-~E. :'. .... . Ly:'~- ~ ('
13. DO yOU hold"a'-~bitc'b~fice~ .... Yes No ~
14. Do you serve on a City Board at present? Yes
15. PLEASE CHECK THE BOARD(S)'yOu A~E INTERESTED 'IN SERVING ON: ....
(please number in order;of preference with'.;,first choide .... ' ....
'' being "1")7'-.~'.~ .... . ...............................
C~M~TERY COM/WITTEE
· CODE ENFORC~4~NT BOARD
· CONSTRUCTION BOARD
· PLANNING SMD ZONING
HANDICAPPED COM/~ITTEE
16. What qualifications do you have to seize on this board?
~ // /.," / .~'~-- / ~~- - "~ ;F"~. '
17. What reasons do you have for wishing to. se~e on ~ adviso~
board?
18. Have you ever been convicted of any felony or any
misdemeanor involving moral turpitude in this or any state?
one( ~-~ ~Sider' serving on another BOard other-than the
s) you Selected above? .....
I hereby certify _that I am qualified to hold 'the position for
..... . ......... which""'thi~ ~application is made. Further . ..
' .City of Sebastian to investi~a~ ~- ~_ ;~I~ hereby authorize the
Znformatzon which I have provided in this application.
understand that any misrepresentation or-'Omission of information
.............. requested in this application is cause.· for ,dtsqualification or
.......... SUs ...................... ~,,= .~ u~ uouncll--'of - the C
pend or remove from office an ...... = ..... i.ty of. SEBAS.T..i. AN ma
m ~ '-~=~pal"Doar~ member f Y
· ties,--"F . ~Y . perform h/
· ~ any municipal boara ___~ ...... at the. C~ty Council may
misdeme~n ...... ~...,=,,,u=~ who ~s arrested for a ~-
· = ............ ' -- ? ..... ~ .............. _.' ...... X ony Or
active"wa~h-~"~e~k on me. D&~a~ent to
( SEAL )
Commission N--~.
s-f°rm\application
"
' "
5 BUSZN~SS ~DRRSS:
.. , -: ., - ,~ u~.. " ,
6. BUSZNRSS ~RL~O~: · .. -- 7..:' ~ 9 V ~c~"
,: :-, Z ., · .';~ ~ .'~. '__'?.Z..". . ~ '.- - ":': ' '~ '
"..-...,..../,.. · :: .... :-'.."'~.'::'-: -., ' ........ "'
ll. ~e ~ou ~ resident of the Ci~?
, :' "-. ' ' ' ·' -.2' -7-".. 7.' z .....
d~4- DO ~OU se~e on a Ci~ Board at
(Please n~ber :in order of--preference-with first choice.
"... -'being "1")-~ '"' ~,~ , ............ % .............................
· BO~D OF ~ST~NT
C~ETmRY CO~!TTEm
· CODE ENFORC~NT BO~D ~ / ~ '-'
· CONSTRUCTION BOARD
· PLYING ~ ZONING
~ I~PPED CC~iTTEE
!5. What qua!ifica~ions do you have to se~e on this board?
17,
~ ., /
What reasons do you have for wishing to serve on an advisory
. ~',/. ~ U,~,> h',Y
18. Have you ever been convicted of any felony or any
misdemeanor involving moral .-turpitude in this 'or
any ~.
· - '" ~" 'Yes No
u- on another oar ther than
I hereby certify,~a%, i ~ ~ali~ied t° hold the position for
· ~ ...... whidh'-this application is made. -Fu~her,, I hereby authorize the
' Ci~' of Sebasti~ to investigate ~e.t~thfulnes'S--of all
........ tnfo~'a~i°n which I have provided in this application. '-.ii
underst~d that ~.~y. misrepresentation 'or 'omission of info~ation
.......... re~'~ted "i'n t~s application is cause for disqualiftcatioh or "~
removal~ ? '. ~. .
~u~pen= or remove from office ~y m~ct~al-.boar~ -~-~--. ~. .......
Talfeas~ce, misfeasance, ~'negie'~tmd~'-~u~=' h~=..~"'~=f'~z°r
.......... ~,, r,. I_~derstand that the Ci~ Co~ci-
a~Y.i~c~Dal.. bo~d member ,who is ~sted ~for ~ ~----~g -P-~ ~
- c. mzs~emeanor related .to ..~. duties ,bf 'hl.s,,.~6fflce"~r '~Y~-S.~j~'~°~. a-~--
indi~at~d
-~ or info,ed against for the 'co~issiOh of.any felony-o~
mt~9~e~or. = -. ~: :~:.:.:, ~:: :..,,,:~_ ~-'a :,:, i'-
I hereby authorize the Sebasti~-PoliceD6~a~% %~ ~ ~
activeLw~'~'~-%-'~-e6k on me.
....... - as identificRtlon~
.:-.-'..,.'~9-" -'.-'?.,'_,'?~,'~,?~'~ [ ,.',' -~-.:[-- ,:
"' / "'" ~:_ ': i~. ~' '- ~'
Name of Notary (Printed or Typed)
Co~mission No.
/~s-form\applicat~on
2.
3.
4,
5.
6,
7.
8.
9.
APPLICATION T_~O SERVE ON 'CITY ~0ARD
o sss:
(use additional sheets if necessary or s~bmit resume if available)
11.
12.
13.
14.
15.
Are you a .resident of the C!t-f?
Length of Residency_ .. ........
Do Fou se_~ze on a City_ Board at present?
Yes / No ..
PLEASE cHECK ~ BOARD(S) YOU 'ARE INTERESTED 'IN SERVING ON:
(Please number.in order ,of preference with first choice
bein~ -" l" ) - · .:,. :_, _: ..........................
'
C~METER? COM/M.Z TTEE
· CODE ~FORC~ BOARD
· CONSTRUCTION ~OARD
· PLA~NNING A~D ZONING
F-~ND ICAP PED CCM/M.!TTEE
16. What qualifications do you have to seize on this boardO
i7.
What reasons do yeu have for wis,h/ns to seize cn an advlsaz-z
board? '-
18.' Have you ever been convicted of any fe!~nv
' . m~sdemeanor involving moral tu~itu~~ {i =L.. . or any
· ' 'i'" ' ,..,. '-. · .... -'-~fes ~ No ~".. -
....... L_19 Would ou .......... ; .................. ~ ................................... .-
_~h=~ you selected ab~--~o " ~-,=~ ouaru Other ~
z hereby certify that ~ _~ ~al~f!ed t~ hold .~he Dosit~on..for
.......... which ~his 'applicat~on is ~ade. FU~her,' Z hereby authorize the
' C~Z of Sebasti~ to investigate ~e ~thfu~h'ess o~ a~ .... :-...
.......... info~ation ~which'"'i' have provided ~ ~is appllcat~On.. ~ I.
~derst~d that ~v misrepresentation--or omission of info~ation
...... re~ested.-in--this--.~pulication is cause for ~S~alification or
......... ~ -,o'-ur-remove from office ~ ~cfpalT~, ~ ~n~ASTI~ may ,
......... competence or~A-~h'h ..... - ..... ~, habile! d~,~ .....
-- ....... m,_~ ~ ~ uoaru member who is ~e-~-~-~- ~'k~ maF suspend ·
' =s=eme~or related to ~ ...... ~=u mcr a ~elony or f~-
· '"' "~' ' .,~t.,.-~' ~"~ :~.~ ~'~-'~'~ ........
.
_~ ~ ~ ~ "~ ' · - ~ ~" ~ .~ W ~ .... ' - '" '
........ . .. ~ 2~
· -..:.' ~ · , ..... ~-~
[~ - -~ -, _ .
~1~'~ ~ ',~ ~~,~ ~ ~~,~,,~ .... ~., ... _
Commission N----~.
crm\application
AME:
APPLICATION TO SERVE
Richard Walter
qN C. ITX BOARD
HOME ADDRESS': " $61 Drawd_v Way
HOME TELEPHONE:' 589-7286
4. BUSINESS': ~:'~Kleen-Kut Lawn Service / K & K Water Co.'
5. BUSINESS ADDRESS:.' 561 Drawdy way-/ 10933 'U.S. #1
6. ' TELEPHONE: '589-7286 / 589- 37 ... '" '
7. SOCIAL SECURIT"f N~ER: _
9. RESUME .'OF' EDuc~%~ON AND. EXPERIF~CE: High School Gradua'te~'.197'0'
14 1/2. y~arS'"in the ~etail & servi6e fields'"(10 '1/.2 as owner) - .._.'..:
(use add±tionam sheets if necessar~ or submit resume'"if
10. Voter registration no.
years
14. Do ~ou serve on a City B~ard at present? Yes No
15. PLF. ASE C~EC~K THE .BOARD(S) YOU ARE .INTERESTED' "iN' SERviNG 'ON:
( Please 'number.:in..order. of..preference with 'firSt -choice .- ·
C~METERY' CO~4ITTEE -'
· CODE ENFORCemENT BQARn
· CONSTRUCTION BOARD
· PLANNING AND ZONING --2--
HAND ICAPPED COMMITTEE
16. What cualifications do you"have to serve on.this board?
10 1/2years' as Business ~wner/employer in our ul~y , .
17. What r~asons do you have for wishing to se~ on an advisors
board? -.-. -
I beI~eve my experience in precision detail,as well as,
my knowledge and experience. My knowledge of my local
a business owner in our progressive community.
18. -. Have you .ever been convicted of any 'fei~ny or any
, misdemeanor involving mora!~tur~ude in this or any stated
19 ' WOuld you confider se=ing on ~other. Board'
.......... ode (s) .you ,.Selected 'above? .........
-= ......... "' . . Yes * No
...... I .hereby -ce~ify -that I "'~- ~ali~-~d '~ hO'~-~-~e Uosition ,for
-. which this a~lication is made.'-'. F~her
to in_e~=~= ~u :~rulness .of all .....
........... re~e~=]'~. ~Y ~sreDresentation or omiss~-- -~-: -~ "
~s end · - ....... ~ .....
~v m,,~=~ -- ,~' % ~gers=~= ,~at.~e:Cl~.~Co,,_~=...~.
-,~sueme~or.~- ' ..................... ~ ~.-.--'= uu~sslon' 6f
~ ~- - . -; ~: · -, . ..... , ~ ' .
I her .............
_=~ e.b~-au~grize--the-Sebas~t~ Police Depa~ent t ," ' '
au=~ve 'w~t check on me ~..,.....~ ...... ~.=. ~ ~ .=. ~.~ o ~.~ ,:_~. . ~'.~
(ssAn)
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CODE ENFORCEMENT BOARD
MINUTES OF REGULAR MEETING
MARCH 19, 1997
Chairman Generazio opened the meeting
ROLL CALL: PRESENT:
EXCUSED ABSENCE:
ALSO PRESENT:
ANNOUNCEMENTS: None
APPROVAL 'OF MINUTES:
MOTION by Negtia/Goelz
at 2:00 P.M.
Mr. Oliver
Mr. GoeLz
Mr. May
Clmm. Generazio
V. Chrrm. Neglia
Mr. Cosco
Mr. Connetly
Ann Brack, Recording Secretary
(2/19/97)
I make a motion that the minutes of February 19 be approved.
A voice vote was taken. 7 - 0 motion carried.
OLD BUSINESS:
Mr. Cormelly apologized for missing the last meeting, because of a family emergency.
NEW BUSINESS:
RECOMMENDATIONS TO CITY COUNCIL - REGULAR MEMBER POSITIONS:
Chron. Generazio explained that the three positions open are:
Subcontractor
Businessman
Member
There was much discussion about the position of Architect. It was determined to discuss this issue
with the City, Attorney at a future meeting.
CODE ENFORCEMENT BOARD
MINUTES OF REGULAR MEETING OF MARCH 19, 1997
Mr. Richard Walter was the applicant for the Businessman's position. He gave a brief summary,
of his 10V: years as a resident of Sebastian. He answered all questions from the Board
satisfactorily.
Mr. Joseph Flescher was the second applicant, and applied for the Member position. He gave a
brief summary of his one year as a resident of Sebastian. He answered all questions from the
Board satisfactorily. He noted that he will furnish his voter registration number.
MOTION by Neglia/May
I make a motion to recommend to City. Council to approve a second alternate position for
this Board.
Roll call was taken: Mr. Olliver - Yes
Mr. GoeLz - Yes
:. Mr. Connelly - Yes
Mr. May - Yes
The vote was 7 - 0. Motion carried.
Mr. Neglia - Yes
Mr. Cosco - Yes
Chrnn. Generazio- Yes
MOTION by Cosco/Connelly
I make'a motion that we recommend to City, Council to keep the present Board members in
their 'present positions.
Roll call was taken:
Mr. Olliver - Yes Mr. Goetz - Yes
Mr. May - Yes Chnm. Generazio-Yes
V. Chmn. Neglia-Yes Mr. Cosco - Yes
Mr. CoP_nelly - Yes
The vote was 7 - 0. Motion carried.
MOTION by GoeldCosco
I move for Mr. Flescher to be recommended for Alternate.
After a brief discussion, Mr. Goelz withdrew his motion because of a mixup. Mr. Cosco withdrew
his second.
MOTION by Goelz./Cosco
I make a motion that Richard Walter be nominated for the alternate.
Roll call was taken:
Mr. Connelly - No Chmn. Generazio - No
Mr. May - Yes Mr. Oliver - No
Mr. Goelz - Yes Mr. Neglia - No
IVlr. Cosco - Yes
CODE ENFORCEMENT BOARD
MINUTES OF REGULAR M. EETING OF MARCH 19, 1997
Note - Mr. Connelly voted no as he would like a legal opinion on this matter.)
The vote was 3 - 4. Motion failed.
MOTION by NegliaJGenerazio
I make a motion that we recommend Mr. Joseph Flescher for the alternate position, to Citv
Council.
Roll call was taken:
Mr. May -No Mr. Oliver
Mr. Neglia -Yes Mr. Gloelz
Mr. Cosco -No Mr. Conaelly
Chain. Generazio- Yes
'5
(Mr. Connelly voted no as he would like a legal opimon on this matter.)
The vote was 3 - 4. Motion failed.
- Yes
- No
- No
Mr. May mentioned an item that should be handled by a Code Enforcement officer.
The meeting was adjourned at 2:30 P.M.
Sec. 2-178. Jurisdiction.
(a) Unless exclusive jurisdiction and authority for enforcement of the City's Code of
Ordinances and Land Development Code is expressly and exclusively granted to one of the City's
other boards, commissions, committees or administrative officials, the Code Enforcement Board
shall have the authority and jurisdiction to hear and determine alleged v/olations of the Code of
Ordinances and Land Development Code of the City of Sebastian.
(b) The jurisdiction of the Code Enforcement Board shall not be exclusive, but shall be
concurrent with any other board, commission, committee or administrative official charged with
the enforcement of the Code of Ordinances or Land Development Code of the City.
See. 2-179. Membership; composition.
The board shall be composed of~even regular members, and at City Council's discretion,
up to two alternate members. All members shall be appointed by the City Council and the Board
shall consist, whenever possible, of the following: ~
(1) One architect.
(2) One businessman.
(3) One engineer.
(4) One general: contractor.
(5) One realtor.
(6) One subcontractor.
(7) The final member, and alternat~s if appointed, may be any qualified resident of the City.
Sec. 2-180. Qualifications.
Each regular member appointed to the board shall possess the following minimum
qualifications:
(1) The architect and the engineer shall be registered under the laws of the State of Florida
regulating the practice of architecture and en~neering or shall possess similar qualifications under
the laws of other states or shall have actual experience deemed by City Council to be equivalent to
such registration.
(2) The general contractor and the subcontractor shall possess a valid certificate of
competency and occupational license, recognized and accepted under the laws of the State of
Florida and the Codes of the City regulating the business of contracting and, where required, state
registration as a contractor, or shall possess similar qualifications under the laws of other states,
or shall have actual experience deemed by the City Council to be equivalent to such certification.
(3) The realtor shall be'licensed under the laws of the State of Florida licensing real estate
brokers as either a broker or salesman or shall possess similar qualifications under the laws of
other states or shall have actual experience deemed by city council to be equivalent to such
licensing.
(4) The businessman shall be actively engaged in any lawful business within the City, or shall
or shall be an officer or employee of a business entity holding a current and valid occupational
license issued by the city.
(5) Each member shall be a resident of the City. If a member of the Board ceases to be a
resident of the city, such member shall immediately notify the City Clerk of such occurrence and
their membership on the Board shall tenfiinate automatically and immediately.
See. 2-181. Terms of Office.
(a) Of the regular members initially appointed to the board:
(1) Two members shall be appointed for a term of one year each..
(2) Three members shall be appointed for a term of two years each.
(3) Two members shall be appointed for a term of three years each.
(b) At, er the initial appointments, all subsequent appointments shall be made for terms of
three years each.
(c) In no event shall any individual who has served as a regular member of the Board for the
greater of two consecutive terms or six'consecutive years be reappointed to serve another
consecutive term as a regular member of the Board unless no other person, who is otherwise
legally qualified to serve as a regular member of the Board, has filed an application, which is then
still pending, with the City Clerk, seeking appointment to serve as a regular member of the Board.
Sec. 2-1~t2. Vacancies and Reappointments.
(a) If any member fails to attend two of three successive Board meetings, without
cause, and without prior approval of the chairman, the Board shall declare the member's office
vacant and the City Council shall promptly fill the vacancy in accordance with the provisions of
this Section.
(b)
All members of the Board shall serve in accordance with the requirements of this
36
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City of Sebastian
i 1~25 blAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 n FAX (561) 589-5570
CITY COUNCIL AGENDA
SUBJECT:
Resolution No. R-97-21 - City Council
Meeting Procedures
AGENDA NO:
DEPT. ORIGIN:
DATE SUBMITTED:
MEETING DATE:
APPROVED FOR SUBMITTAL:
IExpenditure Required:
EXtHBITS:
Amount Budgeted:
4/3197
Proposed R-97-21
Appropriation Required:
., SUMMARY STATEMENT
City Council, at its AP '~, 1997 workshop recommended certain amendments to its meeting
procedures resolution. Proposed Resolution No. R-97-21 is presented in legislative format with
the recommended amendments. The effective date must be determined by Council.
RECOMMENDED ACTION
Review amendments, det6rmine an effective date and adopt Resolution No. R-97-21.
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RESOLUTION NO. ~
A RESOLUTION OF ~ CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-97-02;
ESTABIIqtIING ~ DATE AND TIME FOR CiTY COUNCI~ M~ETINGS,
WORKSHOPS AND QUASI-JUDICIAL ItEARINGS; ADOPTING ROBERTS
RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION;
PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC
HICARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS);
PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING
DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
W. HEREAS, the City Council of the City of Sebastian, Indian River County, Florida,
believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish
Council meeting times and dates and provide for conduct of City Council meetings.
NOW, THEREFORE, BElT RESOLVED BY THE CITY COUNCIl. OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, as follows:
SECTION 1. CITY COUNCIL MEETINGDATE AND TIME..C~- Co~inc[l Wo,-kahc,~
"IIIU ~IIUUIU JlUt UAI~-I~Ull{~ llUIll Ill Ut{l~tl,lUil ,1~ I.UU ~.lli. VI IUIIUYVIJI~ 6 . ll,Gk~.l, lllll~l.¥..,., ~...,}kJUil%~I1
Reg'ular Meetings:
R _egular Meetings shall be held on the second and fourth Wednesday~
of each month at 7:00 n.m. and shall adjourn at 10:30 p.m. unless extended by a majority_ vote of City
Council members present. A motion to extend the meetinglime shall be made only once during the,
Regular meeting and the motion shall be for no more than a thirty_ (_30) minute extension. All
unfinished business at adioumment shall be carried to the be~nning of the next Regular City_ Council
meeting unless, prior to adjournment, items are nlaced on a snecial meetingagenda.
_Ouas~-judicial Hearings: Ouasi-judicial hearings, when necessary., shall be conducted at
_special meetin~ called for such .rmrpose on the first and third Wednesdays of the month, at 7:00 p.m..
and shall adjourn at 10z30 p.m. unless extended by a ma_iotity vote of City Council members present
The Ci~ Manager. at his discretion, may schedule a quasi-judicial heating for a Re~lar Ci~ Council
meeting when necessary.
~. Workshops. when necessary, shall be held on the first and third Wednesdays
of the month at 7:00'P.m.and shall adjourn at 10:30 p.m. unless extended by a majority_ vote of City
Council members present. In the event that there is a special meeting for the purpose of conducting
~quasi-.iudicial hearing scheduled for the first or third Wednesday. the workshop will follow the
special meeting. A consensus to extend the workshop shall be made only once durine the meetino
;
and the extension shall be for no more than a thirty_ (_30) minutes~ All unfinished business at
adjournment shall be carried to the be~nning ofthe next scheduled workshop.
SpecialMeetingsfor Other Purnoses: Sr~ecial meetin~ for purposes other than quaSi-judicial
hearings may be called in accordance with the Charter of the City_ of Sebastian.
~ NO S~STi~ ~ECISIONS tT WO~SflOPS~At workshops,
matters may b~ disused ~d placed ~n ~ appropriate Ci~ Counc~ meet~g agenda for
action. Subsmtive d~isions sh~l not be made at wor~hops.
~ ROBERTS R~ESOF O~ER ADOPTS. ~e Ci~ Counc~
follow Robe,s Rules of Orde[ ReUsed, 9th Editio~ published by Scott, Foresman ~ a gener~
~ide~e ~ the c0ndu~ of~l meetings ~d workshops. F~ure to follow said roles shall not ~ect
the v~idi~ of ~y a~ion t~en.
The Ci~ Counc~ reco~es Robert Rules of Order ~e not applicable to eve~ procedur~
matter gove~g a public offici~ ~ the Stme of ~ofida. Each Councilmember must vote on
mofiom u~ess a Counc~member h~ a co~ &interest. A Councilmember may m~e a motio~
:
~M a motion or pmicipate ~ discussion on a motion Mthout relinquis~ng the chak. Members
of Council have the exclusive right to r~se questions of procedure or a point of order to the Chair
~d Mve ~e Ch~ role on the procedure or point of order. ~y member of Council may appe~ the
decision of the Char to the entire Council.
AGENDA SUBMITTAL DEADLINE AND PREPARATION, The City
Manager is directed to prepare agendas for all City Council meetings. Documentation for items on
agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the
respective meeting to expedite the preparation of agenda packets.
~ AGENDA MODWICATIONL City Council, by majority vote of members
present, may modify the agenda to add an additional agenda item, and, in such event, an individual
who wishes to address City Council with respect to the new agenda item, shall be afforded a
reasonable opportunity to address City Council on such new agenda item.
SECTION 6. ORDER FOR
JUDICIAL) BEFORE cYrY COUNCIL.
before City Council is as follows:
PUBLIC HEARINGS (OTitER
Order of Business:
THAN QUASI-
The order for public hearings (other than quasi-judicial)
Chairperson shall announce the opening of the public hearing.
City Attorney shall read the Ordinance or Resolution by title unless the
. City Charter, Code of Ordinances and/or Florida Statutes requires more
· than the title be read.
Chairperson, if'appropriate, shall announce the grotmd rules that apply to the
hearing.
City staff shall niake a presentation, comments and preliminary
recommendation, if any.
Public input.
City stafffinal comments and recommendation, if any.
Chairperson closes hearing unless hearing continuation granted by the
affirmative vote of three Council members.
Continuance of Public Heating.
City Council may continue a public hearing unless
4
a continuance would violate City Charter, City Code, State or Federal law. A Public hearing may be
continued to a time certain that the hearing will be re-opened and shall be stated in the record. City
Council may defer action on a matter and continue the public hearing for receipt of written comments
on the matter.
C. Deferring Decision on Meri~ City Council may defer a decision on the merits of any
matter pending as a result of a public hearing.
D. Susp~sion of Rules. Any provisions of this Resolution may be suspended for good
cause by the affirmative vote 0fat least three Council members. The good cause shall be stated on
the record.
E~. Failure to Follow Rules. If City Council fails to strictly abide by any provision of this
Resolution, such failure shall not invalidate action taken by City Council or staff.
.~.~[Q]~. PROCEDURES FOR SPEAKERS AND INTRODUCTION OF NEW
BUSINESS FRoM THE PUBLIC.
A. ' -~~. ~ Sign-up sheets shall be provided by the City Clerk prior to
the commencement of any meeting of City Council in the City Council Chambers one half hour prior
to the meeting or in the City Clerk's office from Monday through Wednesday from 8:00 a.m. to 4:30
prior to the meeting for Introduction of New Business from the Public and Public Hearing.
B. Public Input on Agenda Items. Individuals who wish to address the City Council on
items where public presentations are permitted on the agenda shall address the City Council
immediately prior to City Council deliberation of the agenda item. Individuals shall not address City
Council after commencement of City Council deliberation on an agenda item after public input has
concluded, provided, however, the Mayor and members of City Council may recall an individual to
provide additional information or to answer questions...,-,v,-~,,~o ~.,,~,, ,,~w ,,~-~}~,u, g-,..~ ~u
~,,", ,*,t~g ,~, ~', ~,l~,,~ ~;~ai ,~,, ~ ,,,~[-,~,,,,,, .,,~ ,,~. ~, o,~,~. In addition, individuals shall have
the opportunity to address City Council during a public heating held in accordance with any federal
or state law, the City Charter, the Code of Ordinances and the Land Development Code of the City
of Sebastian.
C. Introduction of New Business from the Public. Introduction of New Business from
the Public shall be that portion of Regular Meeting agendas at which individuals may introduce new
business not otherwise on the prepared agenda. "New Business" as used in this paragraph, is defined
as an item that has .occurred or was discovered within the previous six months. Any individual wishing
to introduce new business during the Introduction of New Business from the Public section of
Regular City Council meetings shall have the opportunity to address the City Council if they have
signed the sign-up sheet prior to the commencement of the meeting on a first come first heard basis.
Individuals are encouraged, whenever possible, to meet with staff to attempt to resolve matters.
Individuals are also encouraged, whenever possible, to sign up for introduction of New Business
from the public by noon on the Thursday preceding the Regular Meeting and provide documentation
for inclusion in the agenda packet.
D. No Publi~.inp. ut at Special Meetings or Workshops. No public input or Introduction
of New Business from the Public shall be allowed at special meetings or workshops, other than a
scheduled public hearing. Notwithstanding this, the City Council may allow public input at a special
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meeting or workshop. Such a determination shall be made at the beginning of the special meeting or
workshop and must be approved by a majority vote, or in the case of a workshop, by consensus.
E. Time Limit for Public Input. Individuals, who are not parties in quasi-judicial
proceedings, shall be limited to ten (10) minutes in making oral presentations to the City Council,
except if extended by the Chair or reduced by the Chair based on the amount of time available.
F. Written Presentations. Individuals may also submit written presentations to the City
Council by providing ten (10) complete copies to the City Clerk prior to commencement of the
meeting.
G. Public Input Addressed to Chair. All public input shall be addressed to the Chair,
unless answering a question of a member of City Council or City staff.
s~gfZl~O.~L~ VERBATIM TRANSCRIIq'S OF CTFY COISNCR, MEETINGS. Any
person who deci.des, to appeal any decision made by the city council with respect to any matter
considered at any meeting or hearing will need a record of the proceedings and may need to ensure
that a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be heard, in accordance with 286.0105 Florida Statutes.
The City Clerk's office is not requ. ired to prepare verbatim transcripts or parts of any minutes
of City Council meetings unless City Council, by majority vote, directs verbatim transcripts for any
parts of any minutes it deems necessary and proper for conduct of' internal affairs of city.
~ CONFLICT. All resolutions or parts of resolutions in conflict herewith
are hereby repealed, including Resolution No. R-97-02.
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i~.,!~iI.O_]~tl. EFFECTIVE DATE. This Resolution shall take effect h.uiicdiat¢lyupon
The foregoing Resolution was passed for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put to a
vote, the vote was as follows:
Mayor Walter W. Barnes
Vice-Mayor Richard J. Taracka
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
l~he Mayor thereupon declared this Resolution duly passed and adopted this __
,1997.
day of
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
Walter W. Barnes, Mayor
Kathryn M. O~ailoran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie F. Settles, City Attorney
8
City of Sebastian, Florida
Subject: Quarterly Open Discussion Public Agenda No.
Workshops
Approved tbr Submittal by: City Manager
Exhibits: Calendars for May, July and October 1997
EXPENDITURE .REQUIRED: I AMOUNT BUDGETED:
I1011¢ I I1OIle
///
Department Or/~n: City, Manager
Date Submitted: April 3, 1997
For Agenda .of April 9, 1997
APPROPRIATION REQUIRED:
SUMMARY STATEMENT
Based on the discussion of'the City c~uncil at its workshop held on Wednesday, April 2, 1997,
the City Manager was to bring back a proposed schedule for the open public workshops. A
suggestion was made to consider holding the workshops on the fifth Wednesday of a month
when there was a fifth Wednesday. A review of the calendar does not provide for a fifth
Wednesday during the second quarter of this calendar year. The Council could elect to hold the
workshop on a Thursday when there are five Thursdays. Currently, Planning and Zoning meets
every first and third Thursday. The workshop could be held on either the second, fburth or fifth
Thursday in April 1997.
In the third quarter, July 30, 1997 will be the fifth Wednesday.
In the fourth quarter, the proposed date xvoutd be October 29, 1997.
No further dates ibr future meetings beyond the fourth quarter are suggegted at this time.
RECOMMENDED ACTION
Review proposed dates and move to accept the dates if found to be acceptable.
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City of Sebastian, Florida
Subject: First Reading of O-97-12
Approved for Submittal by:
Exhibits: O-97-12
Agenda No. O/¢~. ~2 /
Department Origin: Commu~nity Development
Date Submitted · April 2, 1997
_For Agenda of.' April 9, 1997
EXPENDITURE
REQUIRED:
None
AMOUNT BUDGETED:
None
APPROPRIATION
REQUItt. ED: None
SUMMARY
This ordinance amends Section 20A-6.1.B. revising the procedures for the approval of
a conditional use permit and section 20A-6.1.C.8.a. correcting a zoning classification.
The Planning and Zoning Commission recommends approval of ordinance O-97-12.
RECOMMENDED ACTION
Approve the first reading of Ordinance O-97-12, set a public hearing and second
reading for May 14, 1997.
ORDINANCE NO. O-97-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING TIlE LAND DEVELOPMENT
CODE REGARDING PROCEDURES RELATED TO CONDITIONAL
USES; AMENDING SECTION 20A-6.1.B. REGARDING
PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR
A~ CONDITIONAL USE PERMIT; AMENDING SECTION 20A-
6.1.C.8.A CORRECTING THE APPLICABLE ZONING DISTRICTS
IN WE[ICI/CULTURAL OR CMC FACILITIES ARE PERMYFTED;
PROVIDING FOR CODIFICATION; PROVIDING FOR'
CONFLICTS; PROVIDING FOR SEVERABELITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the
Land Development Code relating to procedures relating to conditional uses, to clarify
procedures for consideration of conditional use permit applications, and correct the applicable
zoning districts, in which cultural or civic facilities are permitted; and
W][IERF_,AS, the City Council of the City of Sebastian, Florida, believes that it is in the
best interests of the health, safety, and general welfare of the community to do so,
NOW TItEREFORE, BE IT ORDAINED BY ~ CiTY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, TItAT:
Section 1. Section 20A-6.1.B. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
_n. Procedures .........
1. Application for approval of a conditional use permit is filed with the
Community Development Dep.a. rtment on forms prescribed bylt...h.e_
Community Development Director. Five copies of the application
and sul!p.._orti___.n.g information shall be included.
The CommuniW Develop.ment Director shall distribute the
application and supportir~g information to the appropriate staff for
review and comment.
The applicant shall provide fifteen copies of the final Supporting
information for the ap.p.!i.cation The Communi.'ty Development
Director shall summarize the staff's comments, and make a
recommendation to the Planning and Zonin..g Commissiqn.
The Planning and Zonine Commission shall hold a public hearing
with due notice pursuant to section 20A-1!.7, except, that the
newspaper notice is not required, .. and shal_ 1 find if the application
a. is so desired, located, ..and prop..o, sed to...be operatedLso that
the public health, safety, and welfare will be protected;
b. does not present an unduly, adverse effect upon other
properties in the impacted area in which it is loca. ted. The
scale, intensity, and operation of the use shall not generate
unreaspnable noise, traffic, c. ongestio.n or other potential,
nuisances or hazards to contiguous residential properties;
c. conforms to all applicable pr.o. visions of the.. district in which
the use is to be located;
d. satisfies specific criteria
stipulated for the re,.spective
conditional use described in subsection 20A-6 l.C.; and
is consistent with the code of ordinances and comprehensive
plan.
Upon such finding, the Planning_and Zonin~ Commission
shall approve the application for the conditional use permit.
5. The action of the Plannin~ and Zonine Commission may be
appealed to the City Council pursuant to Section 20A-11.3.C.4,
~"' g'.'.! .... ~,~,, ~
~ re ar mr.J~ sc"d a "'~ .... ,,,.,,,,,e*:~ to ,, ........ ~,
A
Section2. Section 20A-6.1.C.8.a. of the Land Developmem Code, City of
Sebastian, Florida is hereby amended to read as follows:
a. Applicable ,zoning districts. Cultural or civic facilities shall be
permitted as a COnditional use within the following zoning districts:
MCi~ RM-8, RM-12, P_]hUD-R, PUD-C, and PS.
Section 3. CODlleICATION. It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a
pan of the Land Development Code of the City of Sebastian, Florida, and that the sections of
this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
'Section", "Article", or such other word or phrase in order to accomplish such intention.
Section4. CONFLICT. All other Ordinances or pans of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Section 5. SEVERABILITY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full fo:~ce and effect.
Section 6, EFFECTIVE DATE. This Ordinance shall become effective on July
1, 1997.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, THIS DAY OF ~ 1997. PASSED AND ADOPTED BY
TIlE CITY COUNC1L OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
FINAL READIN THIS DAY OF ~ 1997.
The foregoing Ordinance. 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 Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise R. Cartwright ~ ~_---- ~'~ ~--
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
-
ATTEST:
Kathryn M. OTIalloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
CITY OF SEBASTIAN, FLORDA
By:
Walter W. Barnes, Mayor
City of Sebastian, Florida
Subject: First Reading of O-97-15
Approved for Submittal by:
Exhibits: O-9%15
Agenda No. q'~- ~Zq
Department Origin: Community Development
Date Submitted · April 2, 1997
For Agenda of: April 9, 1997
EXPENDITURE
REQUIRED:
None
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
This ordinance amends Section 20A-13.6.E by substituting the Community
Development Director for building official, city clerk and city engineer, and the planning
and zoning commission for the city council. The Planning and Zoning Commission and
the Tree Advisory Committee recommends approval of this ordinance.
RECOMMENDED ACTION
Approve the first reading of Ordinance O-97-15, set a public hearing
reading for May 14, 1997.
and second
ORDINANCE NO. O-97-15
AN ORDINANCE OF TEEE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTIONS 20A-13.6.E., 20A-
13.7.B, 20A-13.10.D., 20A-13.14, 20A-13.16., AND 20A-13.17. OF THE
LAND DEVELOPMENT CODE REGARDING PROCEDURES
RELATED TO TREES WITHIN REQUIRED LANDSCAPE STRIP,
LOCATION OF LANDSCAPE STRIP, INTERIOR LANDSCAPING
REQUIREMENTS, REQUIRED LANDSCAPE PLAN SUBMTI~AL,
MAINTENANCE REQUIREMENTS INCLUDING IRRIGATION,
VARIANCES; SUBSTITUTING THE CO1VfiM33N1TY
DEVELOPMENT DIRECTOR FOR T]IE BUILDING OFFICIAL,
CITY ENGINEER AND CITY CLERK; SUBSTriIJT[NG THE
PLANNING AND ZONING COMMISSION FOR THE CITY
COUNCIL; SUBSTITUTING THE STAFF FOR THE URBAN
FORESTER; CORRECTING THE TITLE OF THE BOARD OF
ADJUSTMENT; PROVIDING FOR CODIFICATION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABH~Vi'Y; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the
Land Development Code relating to procedures regarding trees within required landscape strip,
location of landscape strip, interior landscaping requirements, required landscape plan
submittal, maintenance requirements including irrigation, and variances by clafif36ng the role of
the Community Development Director., Planning and Zoning Commission and the staff, and
WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the
best interests of the health, safety, and general welfare of the community to do so,
NOW THEREFORE, BE IT ORDAINED BY ~ CiTY COUNCIL OF TE[E
CITY OF SEBASTIAN, FLORIDA, THAT:
Section 1. Section 20A-13.6E. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
E. Credit for existing trees. Credit shall be granted for trees which are preserved on a
site and which meet the tree requirements of any landscaping provision of this article.
Where a tree is of exceptional quality, as determined by the Communit~ Development
Director and the chairman of the Tree Advisory B .o. ardl~ildiag-offia~, a two-tree credit
for the preserved tree may be granted. Exceptional quality shall be judged on the basis of
such factors as extraordinary size of tree, vigorous health, large canopy cover, historic'
value, rareness, and age. No credit will be granted for preserved trees which are classified
as undesirable, are extremely poor specimens or which are in declining health.
Section 2. Section 20A-13.7.B. of the Land Development Code, City of Sebastian,
Florida is hereby mended to read as follows:
B. Adjustments in alignment of landscape strip. Landscape strips, when required in
easements, may be adjusted by the Community_ Develo. pment .d.i.rector. c:.~- zng:.nccr. A
decision on any related issue in dispute shall be resolved by the Pl~ng and Zoning
Commission~ after considering the technical advice of the staffueba~fores~.
Section 3. Section 20A-13.10.D. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
D. Landscape specifications for nonvehicular open space. All nonvehicular open spaces
on any developed site in all zoning districts, except for single-family detached dwellings,
shall conform to the minimum landscaping requirements herein provided unless
requirements of a stricter nature are specified elsewhere. Nonvehicular open space shall
include all required open space in this code, pursuant to the review of site plans, Such
nonvehicular open space areas shall not include water areas. This requirement may be
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waived by the Community_ Development Directorbuitdieeg-offid~ for nonvehicular open
areas which are inappropriate for the introduction of trees.
Grass, ground cover, shrubs, and other landscaping materials shall be used to treat all
ground not covered by building, paving, or other structures. All structures shall be treated
with landscaping so as to enhance the appearance of the structure and to screen any
detractive or unsightly appearance.
Trees shall be planted in the nonvehicular open space to meet the following requirements:
Percentage of Site in
Nonvehicular Open Space
T~ee
Requirement
Less than 30
30-39
40 - 49
50 - 59
60 or more
1 tree/2000 sq. ft. N.O.S.
1 tree/2500 sq. It. N.O.S.
I tree/3000 sq. It. N.O.S.
1 tree/3500 sq. ft. N.O.S.
1 tree/4000 sq. ft. N.O.S.
Section 4. Section 20A-13.14. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 20A-13.14. Required landscape plan submittal.
A. £andscape plan components. A landscape plan shall be submitted to and
approved by the Communi~ Development Director ' ' ~l~itdi~--off~ prior to the
issuance of a building or paving permit.
following:
1.
2.
10.
11.
12.
The landscape plan shall contain the
Name, address and phone number of the owner and designer.
North arrow, scale and date; minimum scale of one inch equals fifty (50)
feet.
Property lines, easements and rights-.of-way with internal and property line
dimensions.
Location of existing or proposed utility service.
?
Location and size of any existing or proposed structures.
Location and size of any existing or proposed site features, such as earthen
mounds, swales, walls and water areas.
Location and size of any existing or proposed vehicular use areas.
Location and size of any existing or proposed sidewalks, curbs and wheel
stops.
Location of sprinkler heads, hose bibs or quick cupplers and other
information on irrigation.
Calculations of required type, dimensions and square footage of landscape
material and of required landscape areas, including: total site area, parking
areas, other vehicular use area, percentage of nonvehicular open space,
perimeter and interior landscape strips, and required number of trees.
Location of required landscape areas and dimensions.
Location, name, height and size of all existing plant material to be retained.
13. Location, size, height and description of all landscape material including
name, quantity, quality, spacing and specified size and specification of all
plant material.
14. Height, width, type, material and location of all barriers of nonliving
material.
15. Location, dimensions and area of landscaping for freestanding signs.
16. Show all landscaping, buildings or other improvements on adjacent
property within five (5) feet of the common property line.
The landscaping plan shall be drawn by a landscape architect or other person with
comparable qualification in the field of landscaping.
B. Review and approvalprocedure. Plot plans shall bemay ~- .... ~.:~* ~
.... ~j .... reviewed
and approve__da~ b~ the Communi~ Development Director or of such city official as may
deemed advisable by the city manager
Developmentbuitdi~ department shall inspect
A representative of the Community
all landscaping and no certificate of
approval and occupancy shall be issued until the landscaping is completed in accordance
with the submitted plot plan and the requirements of this section. A decision on any
related issue in dispute shall be resolved by Planning and Zoning_Commission~
er consl enn vldence,,,,. ,,.,.,,,,,,.,~.,~...... ,., ,,.~ ,.
Section 5. Section 20A-13.16. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 20A-13.16. Maintenance requirements, including irrigation.
Maintenance of landscaping shall be the responsibility of the owner, tenant or agent,
jointly and severally.
Said landscaping shall be maintained in a good condition so as to
5
present a healthy, neat and orderly appearance. All landscaped areas must be equipped
with an irrigation system approved by the Communi ~t~Development Dir. ector~.
All landscaped areas shall be kept free of weeds, refuse and debris.
If at any time after issuance of a certificate of occupancy or other form of approval,
the landscaping of a development to which this article is applicable is found to be in
nonconformance, the Community_ Development Directorboldit~-o/~4a/shall issue notice
to the owner that action is required to comply with this section and shall describe what
action is required to comply. The owner, tenant or agent shall have thirty (30) days to
restore the landscaping as required. If the landscaping is not restored within the allotted
time, such person shall be in violation of this code, the punishment for which shall be as
provided pursuant to section 1 ~10 of the City of Sebastian Code of Ordinances.
.. Section 6. Section 20A-13.17. of the Land Development Code, City of Sebastian,
Florida is hereby mended to read as follows:
Sec. 20A-13.17. Variances.
A. Application. An application for variance of the standards of this ordinance shall be
filed with and heard by the ..z~i~= board of adjustments and said application shall:
1. Be filed on forms provided by the Communi ~ty Develor~ment Directoreity
c4erh.
2.State clearly and in detail the variance requested and reasons therefor.
3.Be accompanied by sketches, surveys and statistical information.
4. Be accompanied by an application fee, the amount of which shall be
determined by the resolution of the city council.
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5. Be executed and sworn to by the owner or authorized agent.
B. Criteria for approval. The :,c:'2ng board of adjustments may approve or grant said
variance only if it determines that said variance is not contrary to the intent of this
ordinance and that a literal enforcement of the standards of this ordinance would
be impracticable and would result in an unreasonable and unnecessary hardship.
Section 7. CODIFICATION. It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a
pan of the Land Development Code of the City of Sebastian, Florida, and that the sections of
.?
this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
"Section", "Article", or such other word or phrase in order to accomplish such intention.
CONFLICT. All other Ordinances or pans of Ordinances,
of Resolutions in conflict herewith are hereby repealed to the extent of
Section 8.
Resolutions or pans
such conflict.
Section 9.
SEVERABILITY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full force and effect.
Section 10. EFFECTIVE DATE. This Ordinance shall become effective on July
1, 1997.
PASSED BY THE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, TillS DAY OF
, 1997. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
FINAL READING, TI{IS DAY OF
,1997.
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 Walter W. Barnes
Vice Mayor Richard J. Taracka
Coundlmember Louise 1L Cartwfight
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this ~ day
of ~ 1997.
CITY OF SEBASTIAN, FLORIDA
By:
Walter W. Barnes, Mayor
ATTEST:
Kathryn M. O~alloran, CMC/A. AE
(Se~)
Approved as to Form and Content:
Valerie Settles
City Attorney
Subject: First Reading of O-97-17
Approved for Submittal by:
City of Sebastian, Florida
Exhibits: O-97-17
EXPENDITURE
REQUIRED:
None
Agenda No,
Department Origin: Commu~j, ty Development
Date Submitted · April 2, 1997
For Agenda of: April 9, 1997
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
SUMMARY
This ordinance amends Section 20A-10 by establishing a purpose for establishing
procedures for site plan review, creating a classification of full and administratively
approved site plans, amending the review procedures, providing for a definition and
procedures for a minor and major site plan modification, providing for the phasing of a
project, amending the considerations in the review of a site plan, and amending the
approval, disapproval, appeals, terminations, extensions, and transferability procedures
of a site plan. The Planning and Zoning Commission recommends approval of this
ordinance.
RECOMMENDED ACTION
Approve the first reading of Ordinance O-97-17, set a public hearing and second
reading for May 14, 1997.
ORDINANCE NO, O-97-17
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AM[ENDING SECTIONS 20A-10.1., 20A-10.2,
20A-10.2.L., 20A-10.3.14, 20A-10.4., AND 20A-10.5 OF THE LAND
DEVELOPMENT CODE RELATING TO PROCEDURES FOR SITE
PLANS, CONSIDERATIONS IN REVIEWING SITE PLANS;
ESTABLISHTNG A PURPOSE ]FOR ESTABLISFfING
PROCEDURES; CREATING CLASSIFICATIONS FOR FULL AND
ADM~IISTRATIVELY APPROVED srrE PLANS, AMENDING
GENERAL SITE PLAN REVIEW PROCEDURES; PROVIDING
PROCEDURES FOR FULL SITE PLAN REVIEW; PROVIDING
PROCEDURES FOR ADMINISTRATIVELY APPROVED SITE
PLANS; PROVIDING FOR A DEFINITION AND PROCEDURES
]FOR A MINOR MOD][FIC~TION OF A SiTE PLAN; PROVIDING
FOR A DEFINITION AND PROCEDURE FOR APPROVAL OF A
MAJOR SITE PLAN MODIFICATION; PROVIDING ]FOR PHASING
OF A SITE PLAN; AMENDING CONSIDERATIONS IN
REVIEWING SITE PLANS; iNFORMATION TO BE INCLUDED IN
A SITE PLAN, APROVAL, DISAPPROVAL AND APPEALS, AND
TERMINATION, EXTENSION AND TRANSFERABILITY;
PROVIDING ]FOR CODn~CATION; PROVIDING FOR
CONFLICTS; PROVIDING ]FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the
Land Development Code relating to procedures regarding applicability and filing procedures
for site plans, considerations in reviewing site plans, additional considerations in site plan
review, information to be included in site plan, approval, disapproval an appeal, and
termination, extension and transferability; and
Wi~REAS, the City Council of the City of Sebastian, Florida, believes that it is in the
best interests of the health, safety, and general welfare of the community to do so,
NOW THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORII)A, TILAT:
Section 1. Section 20A-10.1. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
See. 20A-10.1. Applicability and filing procedure.
Purpose. The purpose of this section is to assist imp_llementatio..n of the
City of Sebastian comprehensive plarl., by establishing proc.,edures and
standards for the development of real estate within the city in an effort to.
among other things, aid in the coordination of land development in the .C. ity
of Sebastian in accor_d, ance with orderly physical patterns;.~ discourage
haphaz~d~ premature, uneconomic or scattered land developm, ent, ensure
safe and convenient traffic control: encourage develop, ment of an
economically stable and healthful community~ ensure adequate utilities:
. prevent periodic and seasonal flooding by providing protective flood.
control and dralnae, e facilities; and to provide for the management and
protection of water resources.
Full and Administratively Approved Site Plans. All. site plans within the
corporate limits of tho City.~,o.f, Sebastian shall be classified as being a full or
administratively~,..al~proved site plan as defined herein:
1. Full Site Plan. A full site plan is:
a. a residential project that has two or more prin. cipal buildings
or in a sinele buildine has three or more dwelling, units.
b. any non-residential project that contains one. thousand
square feet or more of impervious surface includin~
buildings, all-off street vehicular driveways and
areas, sidewalks~ pools,, etc.
Administratively Approved Site Plan.
site plan is any project that:
a.
..parking
An admin.,istratively approved
Does not increase the size of an existing structure by 1000
square feet.
Does not result in an intensification of the use of the
property_.
c. Contains less than five thousand .square feet of impervious
suneace:
General site plan review procedure. In all cases requiring site plan
review, no structure or parking area, or part thereof, shall be erected or
used, or land or water used, or any change of use consummated, nor shall
any building permit be issued therefor, unless a site plan for such structure
or use shall have been reviewed and approved pursuant to this article.by
All ~1.1~+.1 .... 1,,~o11 :.~I..A~ ,,.._ ~,..,,4~---~,~4 0+~+ .... + ~'l.,^~.;, ..... 1,. ~.,-I
Fees. The fee schedule for site plan review shall be as determined by
;resolution of the city council.
~1.- ........ ,,.,. .4 ...... + 1..~+;~ "f"1., .... 1:...,,~+1.-.~ ..,.;+1,,t .... 1..~+;..~
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i E__]~. Conformance with zoning regu/ations required. Any such building,
structure or use shall be erected, altered, installed and maintained in full
I ' conformity with the provisions of the zoning ordinance and the approved
I site plan.
I :~. General requirements. Site plan approval as provided for herein shall be
required for each of the following:
.::
I 1. Any new construction and additions to buildings, parking areas, or
i drainage facilities, except for single-family homes and duplexes. In
addition, single-family homes and duplexes located on the east side
I of Indian River Drive must file a site plan pursuant to the
~ procedures of this article~aa requ:,rzd by s¢ct:,c,n 2OA 3.1.1.
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i 2. Any change of use within an existing facility which results with an
increase of intensification of parking.
I 3. The filling or excavation of lands located on the east side of Indian
I River Drive.
A All ~,~,4;+;~1
I O. Application proc.e, dz. tres for a Full Site Plan..
I 1. Pre-arm!ication conference (mandatory). The applicant shall file an
I avvlication for a vre-avvlication conference with the Community
Development Di.rector on a form prescribed by....t, he Co.mmunitv
I Development Director. The application shall include a brief /~
narrative of the proposed activiw and a sketch of ~he proposed site
plan. Within 10 working days after the application i:.: ;51ed, the st.aff
shall hold a pre-application conference with the. applic~ a:. The staff
that,..is required to attend shall be determined .by the ~,ommunity
Development Director. Within five working days after' _~he.~
application conference, the CommuniW Development Direct )~ shall
provide in writing, the is.s.ues that s.hall be addressed in the si ',_plan
approval application.
...... Application for appro...v, al of a full site pla is ..filed with ~,
CommuniW Develop.m..ent Department on a form prescribed by t ,~
Communi~ Development Director. Five copies ~of the appl.i..catio~
and all supporting information shall be inc. l. uded
The Communit3, Development Director shall distribute the
application and supporting information to the appropriate staff for
review and comment. The staff can include outside agencies.
The Communi~ Development Director shall summarize the staff's
comments and make a recommendation to the Planning and Zoning
Commission. The applicant shall .provid...ej, elevcn copies of the final
site plan for distribution.
The Planning and Zoning Commission shall hold a public hearin:z
with due notice and shall appro.v.e, approve with conditions, or. deny
the application for a full site pl..an approval.
6. The action of the Plannin~_~and Zoning Commission can be appealed
to the City Council. Such an, appeal shall be filed with the City
Clerk within ten working days ,.aft,er the action of. the Planning and
Zoning Commission. The request for an appeal, shall include
information concerning the disputed issues of the Plannin~ and
Zoning Commission's decision. The City Clerk shall place the
request, fo..r....an appeal on the next available City ,.C. ouncil agenda.
The Ci,ty Council review shal! be based on the record.
Application procedures for Administrativel_E..A. pproved Site Plan.
1. Application for approval of an administratively approved site plan is
filed with the Community Development Dep..art. ment on a form
prescribed hy the Community Development Director. Five copies of
the ap. plication and all supporting information shall be included.
The applicant shall provide a site plan showin~ the existing and
proposed improveme.nts, L,..a..generalized floor .plan, location and
description of all si~mas~ parking and landscaped areas.
2. The Community Development Director shall distribute the
application and supporting information to the appropriate staff for
review and comment. The staff can include outside agencies.
3. The Communi~ Development Director shall approve, approve with
conditions,.gr deny ghee application for an administrativelz.approved
site plan approval.
4. The action of the Communi~,. Development D..irector can be
appealed to the Planning and Zoning Commission. Such a.n appeal
must be filed with the Community.,Dev.~lopment .Department within
ten working da~l,.s, after the Community Devel.opm.ent Director
action. The request for an appeal shall includ.e information
concerning the disputed issues in t,he Community Development
Director's decision. The Planning,and .Zoning Commissi.on ma.y
request additional information from ,the applicant or staff
Minor Modification o£ an Approyed Site Plan.
1. A minor site plan modification is defined as an existing approved
.s..[te.. plan that is being_modified.for any redevelopment, r.enova.tio~n
or reconstruction that:
a. involves the addition of parkin~ spaces that does not exceed
twen _t_ty-five percents.including fractions thereof, of the total
number of existing parking sp.aces, or fix(e spa.ces, w..hichever
is the ~eater amount]
b. involves an addition, a..ttached or detached, to a building
which does not increase the floor ar.ea in excess of one
thousand square feet;
c. involves the installation of utility system improvements
including buildings .w..hich .do not ex. ceed two hu..ndred
square feet.
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involves the addition of awnings, ..canovies or other
ornamental structures:~., redesign or different location of
pools, parking spac..e.s, drives and driveways; or
modifications in stairs or elevation of decks, porches~
terraces and fencing.
A minor modification will not significantly increase stormwater
runoff' or traffic generated by the use at the site.
Procedures.
a ............. Application for approval of a minor site plar~..modific, ation is
filed with the Communi~ Development Department on a
form prescribed by the Community D..evelopment Director.
Two copies of the site p.!an showinq the existing conditions
and the proposed modifications shall be provided with the
application. The Community Development Director shall
distribute the application and supporting i.nformation to the
appropriate staff for review and comment. The staff can
include outside agencies.
b. The Community Development Director shall approve~
approve with conditions, or deny the application.
c. The Community Development Director shall report the
action on each minor site plan modification application to
the Plannin~ and Zoning. Commission for the record at the
its next meeting~ /i/~
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The action of the Community Development Director can be
appealed to the Planning and Zoning Commission. Such an
appeal must be filed with the .Co ..mmum'ty D. evelopme, nt
Department within ten working days .after the Community
Development Director action. The reque.st for an appeal
shall include information concerning the disputed issues
conce~ng the Community Development .Director',*,.
decision, The Planning and..Zoning Commission may
request additional information fr.o..m the applicant or staff.
.~ Mq/or Modification olean Approved Site PI.an.
1. A ma_ior site plan modification is defined as an .existing approved
site plan that is being modified for any redevelopment, renovation,
or reconstruction that:
a. involves the addition of parld.'ng spaces that exceeds twenty_.
five percent, incl.u, ding fractions thereof of th~ total number
of existing parking spaces, or five spaces, whichever is the
greater amount;
b. involves an addition, attached or detached, to a building
which increases the floor area in exces~ of one thousand
square feet;
c. involves the installation of utility system., improvements,
including buildings, which exceed two hundred square feet.
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Procedures.
a. Pre-application conference (mandato~). The applicant shall
file an application for a .pre-app!icati0.n conf.e, rence with the
Community_ Development Director on a form prescribed by
the Community Development Director. Included with the
application shall be a brief narrative, of the.proposed activity
and a sketch of the propo,sed site pla..n mo. difications.
Within 10 working days after the application is filed, the
staff shall hold a pre-application conference with the
applicant. The staff that is requir.e,d to. attend shall be
determined by the Communi~ Development Director,
Within five working.: days after the pre-application
conference, the Communi.ty., Development Director shall
provide in writing, the.issues that shall be addressed in the
major site plan modification approval .application,
b. Applic,ation for approval of a major site plan modificat, ion is
filed with the Community Development Director on a form
prescribed by the Co....mmuni~. Development Director, Five
copies of the site plan showin~ the existing co.n. ditions and
the proposed modifications shall be provided with the
application.
c. The Community Development Director shall., distribute the
_application and supporting information to the appror~ria...L.e..~
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Phasing.
stafffor review and comment. The staffcan include outside
~encies.
The Community DevelQp...me.nt Director shall summarize the
staff's comments and make a recommendation to the
Planning and Zoning Commission. The applicant shall
provide eleven copies of the final site plan..modification for
distribution.
e. The Plug and ZoningCommission shall hold a publi, e
hearing with due notice and shall approve, approve with
conditions_or deny the application for a .major site plan
modification approval.
The action of the Planning and Zoning. Commission can be
appealed to the City_ Council. Such an appeal shal! be filed
with the Ciw Clerk within ten working day.s...after the action
of the Planning and Zoning Commission. The request for an
appeal: shall include information concerning the disputed.
issues in the Planning and Zoning C_.o..mmission's decision.
The City Clerk shall place the request for an appeal on the
next available City Council agenda The City Council
review shall be based on the record.
A site plan may be phased. The initial conditions, final site plan
and each phase shall be depicted on separate sheets. Each phase or
combination of phases shall meet the requirements of this code.
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Section 2. Section 20A-10.2. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 20A-10.2. Considerations in reviewing site plans.
The planning and zoning commission shall not approve a ..full site
plan or major modification of a site plan nor shall the Community
Development Director approve an administratively app.roved site
plan or minor modification of a site plan unless a finding is made
that such site pJan conforms to all applicable provisions of this
zoning ordinance and its amendments:
Section 3. Section 20A-10.2.L. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
L. Additional considerations. The planning and zoning commission or the
Community_ Development Director¢':~' council may require additional
information be provided by the petitioner for site plan review in order to
carry out a review process which is necessary to fulfill the purpose, intent
and spirit of this chapt%
Section 4. Section 20A-10.3.14 of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
14. The applicant for full site plan review may, at the applicant's option, submit
a preliminary site plan sketch indicating a general idea of how the applicant
proposes to develop the parcel for review by_the Plarm_ing and Zoning
Commission. Upon tentative approval~y the Planning and Zoning
Commission of a preliminary site plan sketch, the applicant shall then/~
15
proceed to have a detailed site plan prepared in accordance with the
requirements of this section. In no event, however, shall the tentative
approval of a sketch by the planning and zoning commission be deemed to
provide the applicant with vested rights in the preliminary site plan sketch
or with respect to any land use suggested therein.
Section 5. Section 20A-10.4. of the Land Development Code, City of Sebastian,'
Florida is hereby mended to read as follows:
Section 20A-10.4. Approval, disapproyal and appeal procedure.
A. Approvalprocedure. Upon the approval of_asuch site plan by the planning
and zoning commission or the CommunitT_.. Development Director, a
building permit may be issued pursuant to subsection 20A-10._4-5(B) by the
.: city building official. Notwithstanding, any applicant for site plan approval,
or any other aggrieved person having an interest therein, may file an appeal
to the city council to review the action of the planning and zoning
commission_oursuant to Section 20A-11.3.C.4. :-',,, .-.,..,,,,,~,~"~"'~ .... ,., disaltowieg
.................. e .............. _ubtic .......
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B+
In the event of an appeal of the Communi~. Development Directors action~
the applicant or other ag,ox/ex, ed party may file an. appeal at the Community
Development Department within ten (10)
Community_ Development Director. The
,days of the ,,, action of the
Community Development
Director shall place the matter on the Planning and Zoning Commission
agenda as expeditiously .as possible. The Planning and Zoning Commission
shall hold a public hearing with re~ard to such appeal and thereupo, n render
_.,Timiag of the release of }uiIdi.g permia No permits shall be granted by
the building official until the time for appeal to the city council from the
decision of the planning and zoning commission or to the Planning and
Zoning Commission from the decisions of the Community. Development
Director as herein pr. ovided shall have expired. When such an appeal is
filed, no such permit shall be issued until after final determination of such
appeal has been made by the city council or the Planning,, and Zonin~
Commission. Appeal to the courts shall not bar the issuance of permits
unless the court grants an injunction.
D[x~pprowM procedure. If the planning and zoning commission denies a
site plan approval, it shall specify the reasons said plan was denied with
specific reference to those sections of the applicable city ordinances on /~
17
which said denial was based. No reasons other than those so stated shall
be presented to the city council or to the court by ,u~ .,~.~: .... ~ .~_;~
eommiss~.
Section 6. Section 20A-10.5. of the Land Development Code, City of Sebastian,
Horida is hereby amended to read as follows:
Sec. 20A-10.5. Termination, extension and transferability.
Whenever site approval shall have been granted, it shall not be considered to run
with the land. The site plan approv~ shall terminate twelve (12) months thereat~er, if
construction has not been started as evidenced by the pouring of footings by said
termination date. Extensions for up to twelve..(12) ~onths each may be made by the
Planning and Zoning Comm~ssmn~,,~ ........ at its discretion. _The applicant shall file an
.application r~questi.n..g such an extension with the Community,. Dev. elop,ment.,Dep, artment
on a form prescribed,,by the Community D. evelopment Director S~d application..shall be
filed with the Community,,,D.eyelopment Department thirty d,a. ys prior to. the .expiration date
of the. site plan. Failure to file the required extension vd. thin the required time period or
failure to perform any construction on the approved, site., plan .duri..ng the previo.u.s si~xx
months shall be considered to be an abandonment of the site plan. After an abandonment
of the site plan, any, application shall be treated as a new applic, ation, Phased .site plans are
sub_[ect to.the same requirements for each phase.
In the event the property receiving site plan approval shall be sold, transferred,
leased, or the ownership thereof changes in any way whatsoever, the site approval may be
transferable ~,v .... vv ..... J .... v ...... ~ ,,.,,,, zcr.'.ng cc,n'~,z'ss:c,n v, nth no additional time
prior to required commencement of construction.
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Section 7. CODIFICATION. It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a
part of the Land Development Code of the City of Sebastian, Florida, and that the sections of
this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
"Section", "Article", or such other word or phrase in order to accomplish such intention.
Section8. CONFLICT. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
S, ection 9.,
SEVERABIIZI'Y. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which, shall remain in full force and effect.
EFFECTIVE DATE. This Ordinance shall become effective on July
~Section 10,:
1, 1997.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
1997. PASSED AND ADOPTED BY
FIRST READING, THIS DAY OF ,
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIJ)A, ON SECOND AND
adoption by
seconded bY"
FINAL READING, THIS __DAY OF ,1997.
The foregoing Ordinance was moved for
The motion was
and, upon being put into a vote, the vote was as follows:
19
Councilmember
Councilmember
Mayor Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise K Cartwright
Councilmember Larry Paul
Councilmernber Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this
,1997.
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day of
CITY OF SEBASTIAN, FLORIDA
By:
Walter W. Barnes, Mayor
ATTEST:
Kathryn M. O~alloran, CMC/AAE
(Seal)
Approved as to Form and Coment:
Valerie Settles
City Attorney
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City of Sebastian, Florida
Subject: First Reading of O-97-18
Approved for Submittal by:
Exhibits: O-97-18
Agenda No. ~5~ t0~7
Department Origin: Community Development
Date Submitted · April 2, 1997
-For Agenda of.' April 9, 1997
EXPENDITURE
REQUIRED:
None
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
~3UMMARY
This ordinance amends Section 20A-10 by amending the review of wetlands and flood
prone areas in the procedures of a site plan review and approval. The amendments
are necessary to make the Land Development Code consistent with state law. The
Planning and Zoning Commission recommends approval of this ordinance.
RECOMMENDED ACTION
Approve the first reading of Ordinance O-97-18, set a public hearing and second
reading for May 14, 1997. ·
ORDINANCE NO. O-97-18
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTIONS 20A-10.2.G. AND 20A-
10.2.H.3. OF THE LAND DEVELOPMENT CODE RELATING TO
PROCEDURES REGARDING APPLICABILITY AND FILING
PROCEDURES FOR SITE PLANS, CONSEDERATIONS IN
REVIEWING SITE PLANS, FLOOD PRONE LAND AND WETLAND
PRESERVATION, DEFINITIONS, SURFACE WATER
MANAGEM~ENT PERMIT APPLICATION AND REVfEW
ADDITIONAL CONSIDERATIONS IN SITE PLAN REVIEW,
iNFO~TiON TO BE INCLUDED IN A SITE PLAN, APROVAL,
DISAPPROVAL AND APPEALS, AND TERMINATION,
EXTENSION AND TRANSFERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the
Land, Development Code relating to procedures regarding applicability and filing procedures
for site plans, considerations in reviewing site plans, flood prone land and wetland preservation,
definitions, surface water management permit application and review, additional considerations
in site plan review, information to be included in site plan, approv~, disapproval and appeal,
and termination, extension and transferability; and
WltE~S, the City Council of the City of Sebastian, Florida, believes that it is in the
best interests of the health, safety, and general welfare of the community to do so,
NOW T1TF. REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ~
CITY OF SEBASTIA.N, FLORIDA, THAT:
Section 1. Section 20A-10.2.G. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
Flood prone land and wetland preservation. In order to promote and preserve
natural hydrological conditions and to preserve water recharge areas, water supply
and water quality, and natural habitats, the following regulations shall be applied to
wetland areas:
1.
Floodprone land Construction in flood prone areas shall comply with the
city's flood plan managemem policies.
Wetland defined Wetland areas are ~efined by Florida Stamteas
......... ~ .................... &ppropr:ate .......... +; ..... ¢
~etland development restrictions and interpretations. No development
activity shall be allow,ed in a wetland area unless it is permitted pursuant to
State and Federal lawzc~m~ztcnt,..,.,,~_,~,.-';~ .... ,..~.,~,,,.~o:~'~: ..... that:
V'"J "-" '"'~; *'
Applicants for site plan review shall have an opportunity to so demonstrate that
any wetland designations within the confines of their property no longer function
as wetlands as defined above. The urban forester, and the soil conservationist as
well as representatives of the State Department of Environmental Regulation, U.S.
Army Corps of Engineers and the St. John's River Water Management District
may be made a part of the site plan review process to assist in identifying and
delineating wetlands. The applicant may request that a waiver of the provisions of
this section be granted by the planning and zoning commission for small isolated
marginal wetlands for which the developer shall provide viable compensatory
preserve areas which mitigate against a loss of viable wetland systems. The
planning and zoning commission shall consider the recommendation of the city
engineer prior to taking action on such a request and shall grant the same only in
the case of an overriding public interest. Finally, this section shall not prevent the
construction of one single-family home on existing lots of record.
Section 2. Section 20A-10.2.H.3. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as fo.[lows:
Development project: Any man-made change or improvement to land
which increases the amount of impervious cover or results in the change in
elevation of any portion of the land or changes the existing stormwater
system and flood management system. A development project shall include
but shall not be limited to all projects which require full site plan, major
modification of a site plan or subdivision approval under the City Code of
Ordinances.3
and
and
Floodway: The normal channel of a watercourse and the adjacent land
areas that must remain unobstructed to convey the regulatory flood
discharge without raising flood elevations above specified levels as
determined in subsection 20A-10.2(H)(7)0(s)(i through vi).
Wetland: Wetlands are defined by, Florida StatutesTkat -~--':~- ~' +*.~
(e)
S~tion 3. COD~CA~ON. It is ~e ~temion of ~e Ci~ Coun~ of the
Ci~ of Seb~tim Eofid~ ~t ~e pro~siom of ~s Or--ce s~ b~ome ~d be ~de a
pm of~e L~d Development Code of~e Ci~ of Seb~ ~ofid~ ~d ~t the s~ions of
tbs Ord~ce may be renmb~ed, relenered, ~d the word "or--ce" may be ch~ged to
"Section", "~icle", or tach other word or p~e ~ order to accomp~sh ~ch ~tention.
Section4_ CONFLICT. All other Ordinances or pans of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Section 5. SEVERABIL1TY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall become effective on July
city co c..
FINAL READING, THIS DAY OF ~ 1997.
The foregoing Ordinance Was moved for adoption by Counciknember
~. The motion was seconded by Councilmember
~ and, upon being put into a vote, the vote was as follows:
Mayor Walter W. Barnes
Vice Mayor Richard I. Taracka
Councilmember Louise R. Cammight
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
ATTEST:
Kathryn M. O~Ialloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Valefie Settles
City Attorney
CITY OF SEBASTIAN, FLORIDA
By:
Walter W. Barnes, Mayor
City of Sebastian, Florida
Subject: First Reading of O-97-19
Approved for Submittal by:
Exhibits: O-97-19
¢¢o;2
Department Origin: Community Development
Date Submitted ' April 2, 1997
For Agenda of: April 9, 1997
EXPENDITURE
REQUIRED:
None
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
SUMMARY
This ord!nance amends Section 20A-10 by substituting Community Development
Director for City Clerk. The Planning and Zoning Commission recommends approval of
this ordinance.
RECOMMENDED ACTION
Approve the first reading of Ordinance O-97-19, set a public hearing and second
reading for May 14, 1997.
ORDINANCE NO. O-97-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 20A-10.2.H. 10. OF THE
LAND DEVELOP1VEENT CODE RELATING TO PROCEDURES,
AMENDING SURFACE WATER MANAGEMENT PERMIT
APPLICATION AND REVIEW PROCEDURE BY SUBSTITUTING
COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK;
PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WI:iEREAS, the City Council 9fthe City of Sebastian, Florida, desires to amend the
Land Developmem Code relating to procedures regarding surface water management permit
application and review; and
WIiEREAS, the City Council of the City of Sebastian, Horida, believes that it is in the
best interests of the health, safety, and general welfare of the community to do so,
NOW THE~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TH'F~
CITY OF SEBASTIAN, FLORIDA, THAT:
Section 1. Section 20A-10.2.H. 10. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
10.
Surface water management permit application and review procedures:
a. Preliminary permit application. Any person who is in doubt as to
whether a proposed activity requires a permit under this section
may request a review by the city engineer upon completion of a
preliminary application form
Development Dir.ector c-4W-e~k
preliminary application pursuant to city council resolution.
supplied by the Community
No fee may be charged for the
.The
preliminary application form shall be filed by the owner/applicant
and shall contain the following elements: (1) A location map; and
(2) A statement and sketch expressing the intent and scope of the
proposed project.
The completed preliminary application shall be submitted to the city
engineer for review. Within ten (10) working days at~er submission
of the complete preliminary application, the city engineer will notify
the applicant that either the project is approved, is exempt, or that a
'5
formal permit application must be filed for the project.
Review procedures for Type A or B permit applications. If a Type
A or Type B permit is required for the project, the applicant shall
furnish all required stormwater management information, together
with flood protection information, if applicable, to the city engineer
on forms furnished by the Communi~. Development Director c4ty
c-ter-h. The requirements of the surface water management policies
shall be admihistered during the site plan review processes (see
section 20A-10.5) if the project requires site plan review. If the
applicant is subdividing, then administrative provisions for
administering subdivision review shall apply.
Review procedures for Type C permit applications. If a Type C
permit is required for the project, the applicant shall furnish all
necessary flood protection information to the city engineer on
forms furnished by the Community Deyelop.ment Director ei~
c-ler-h. The application shall be reviewed by the city engineer within
ten (10) working days of receipt of the application. The city
engineer's recommendation shall be submitted to the planning and
zoning commission for approval. The decision of the planning and
zoning commission may be appealed to the city council pursuant to
procedures cited in section 20A-10.5.
in reviewing such permit application, the planning and zoning
commission, and the city council, in appeal cases, shall consider the
recommendations of the city engineer as well as criteria cited herein
and the applicant's plan and supportive data. No development shall
be approved if such development will result in an increase in the
elevation of the regulatory flood, additional threats to public safety,
extraordinary public expense, nuisance impacts, or violation of the
public interest, or local ordinance. A fee schedule may be
established by.resolution of the city council.
Section 2. coDnTICATION. It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a
part of the Land Development Code of the City of Sebastian, Flor/da, and that the sectiOns of
this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
"Section", "Article", or such other word or phrase in order to accomplish such intention.
Section3. CONFLICT. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Section 4. SEVERABILITY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full fome and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become effective on July
1, 1997.
PASSED BY THE CITY COUNCIl. OF THE CITY OF SEBASTIAN, FLORII)& ON
FIRST READING, THIS DAY OF ~ 1997. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
DAY OF ,1997.
The foregoing
Ordinance
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 Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise R. Canwri~t
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this
1997.
day of
-. ATTEST:
Kathryn M. O'I-Ialloran, CMC/AAE
(S~)
Approved as to Form and Content:
Valerie Settles
City Attorney
CITY OF SEBASTIAN, FLORIDA
By:
Walter W. Barnes, Mayor
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City of Sebastian, Florida
Subject: First Reading of O-97-21
Approved for Submittal by:
Exhibits: O-97-21 ~/
Agenda No. q~- ~SO
Department Origin: Commu~lopment
(mm)
Date Submitted · April 2, 1997
Fo, r Agenda of: April 9, 1997
EXPENDITURE
REQUIRED:
None
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
~UMMARY
This ordinance amends Section 20A-11 by substituting Community Development
Director 'for Building Official and amending the public notice requirements. The
Planning and Zoning Commission recommends approval of this ordinance.
RECOMMENDED ACTION
Approve the first reading of Ordinance O-97-21, set a public hearing and
reading for May 14, 1997.
second
ORDINANCE NO. O-97-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, AM]ENDING SECTION 20A-11.2.E. OF Tl~
LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR
LAND DEVELOPMENT CODE ENFORCEMENT, BOARD OF
ADJUSTMENT RULES OF PROCEDURES, PROCESSING
MATFERS BEFORE ~ BOARD OF ADJUSTMENT, PLANNING
AND ZONING COM2VlISSION OFFICERS, PLANNING AND
ZONING COM34]SSION REVIEWS REQUIRED, CITY COUNCI]L'S
ROLE, ADOPTING, SUPPLEMENTING OR AMENDING TI~
ZONING ORDINANCE, PUBLIC BEARINGS, AND AMENDING
COMPRElzI'E~NSIVE PLAN; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDiNG FOR AN EFFECTIVE
DATE.
WttEREAS, the City Council of the City of Sebastian, Florida, desires to amend the
Land Development Code relating to procedures regarding land development code
enforcement, Board of Adjustment rules of procedure, processing matters before the Board of
Adjustment, Planning and Zoning Commission officers, Planning and Zoning Commission
review required, City Council's role, adopting, supplementing or amending the zoning
ordinance, public hearings, and amending the comprehensive plan; and
WI:IEREAS, the City Council bfthe City of Sebastian, Florida, believes that it is in the
best interests of the health, safety, and general welfare of the community to do so,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TWF.
CITY OF SEBASTIAN, FLOR[DA, THAT:
Section 3. Section 20A-11.2.E. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
Proceclures for processing matters before the board:
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thereof.
board.
Appeal proceedings. Appeals to the board of adjustment concerning
interpretation or administration of this chapter may be taken by any
aggrieved person or by any person or officer of the governing body of the
city affected by any decision of the Community Developm.....e..nt
Directortmilfing-off~ or succeeding administrative officer. Such appeals
shall be taken within a reasonable time, not to exceed thirty (30) days after
the rendering of the order, requirement, decisions or determination
appealed, by filing with the Community_ Development Directorbuitd~
c, ffic".~d or other administrative officer from whom the appeal is taken and
with the board of adjustment a notice of appeal specifying the grounds
The appeal shall be in the form prescribed by the rules of the
The administrative officer from whom the appeal is taken shall,
upon notification of the filing and prior to the heating date, transmit to the
board of adjustment all papers or materials constituting the record upon
which the action appealed from was taken.
Hearing of appeal, nqtice required The board of adjustment shall fix a
reasonable time for the hearing of appeal, give public notice thereof, as well
as due notice to the parties in interest and decide the same within a
reasonable time. At the hearing any party may appear in person or be
represented by an agent or by an attorney at law authorized to practice in
the State of Florida. Appellants may be required to assume such
reasonable costs in connection with appeals as may be determined by the
city council through action in setting of fees to be charged for appeals. ,/~_/2"~
Same procedures for processing special exceptions. An application for a
special exception shall be handled the same as for administrative appeal.
Procedures for processing variances. A variance from the terms of these
regulations shall not be granted by the board of adjustment unless and until:
a. A written application specifying the grounds for the variance is
submitted. See subsection 20A-11.2(C)(3).
b. Notice of public hearing shall have been given as identified in
subsection 20A-11.2~__~.~ herein.
c. The public hearing shall have been held, with the aggrieved parties
appearing in person or represented by an attorney at law authorized
to practice in the State of Florida.
The board of adjustment shall have determined that the application
is complete and that granting the variance meets the criteria for
granting variance and that the variance is the minimum variance that
will make possible the reasonable use of the land, building or
structure.
Expiration of variance or special exception determinations. Variances and
special exceptions shall become void if not exercised within six (6) months
of the date granted.
Extension of variance of special exception determinations. Before this
six-month period has expired, the applicant may make a request to the
board of adjustment by letter for an additional six (6) months' extension.
Any further extensions of time shall require a new application to be
processed as a new case.
Stay of proceedings. An appeal to the board of adjustment stays all work
on the premises and all proceedings in furtherance of the action appealed
from, unless the administrative official from whom the appeal is taken
certifies to the board, after the notice of appeal is filed with him, that by
reason of facts stated in the certificate, a stay would cause imminent peril
to life and property. In such case, proceedings shall not be stayed other
than by a restraining order which may be granted by the board of
adjustment or by a court of record on application, on notice to the
..C. ornmuni .ty Development Director~ or administrative official
:.from whom the appeal is taken and on due cause shown.
Public hearingnotiee. All proceedings shall be conducted only after public
hearing,..~th due notice pursuant ~to Section 20A-11.7aofic-e has been
Recommen~tion fiIe~ On ~ proceed~gs held before the bo~d of
adjustment, the Co~u~ Development D~rector ..... ~ ~m~:,~ sh~l
renew the application ~d ~e a recomendation on each item. Such
reco~endations sh~ be received, he~d ~d filed prior to fin~ action on
any item before the bo~d, ~d sh~ be p~ of the record of the app~cation.
(In reference to ad~strative appe~s, a m~ explanation shall be
filed in place of a reco~endation.)
Section 10. CODIFICATION. It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a
/~~of the Land Development Code of the City of Sebastian, Florida, and that the sections of
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this Ordinance may be renumbered, relettered, and the Word "ordinance" may be changed to
"Section", "Article", or such other word or phrase in order to accomplish such intention.
Section ll. CONFLICT. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Section 12. SEVERABiLITY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid pan or application shall be
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considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full force and effect.
Section 1:3. EFFECTIVE DATE. This Ordinance shall become effective July 1,
1997:
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, TillS DAY OF , 1997. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
DAY OF
Ordinance
,1997.
was moved for adoption by Councilmember
The motion was seconded by Councilmember
FINAL READING, THIS
The foregoing
and, upon being put into a vote, the vote was as follows:
Mayor Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise R. Cartwfi~t
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of
,1997.
CITY OF SEBASTIAN, FLORIDA
By:
Walter W. Barnes, Mayor
ATTEST:
Katlu~ M. O~4~alloran, CMC/AAE
(Se~)
Approved as to Form and Coment:
Valerie Settles.
City Attorney
City of Sebastian, Florida
Subject: First Reading of 0-97-22
Approved for Submittal by:
E.vdtibit$: 0-97-22
Agenda No.
Department Origin: CommuN..l.}, Development
Date Submitted ' April 2. 1997
For Agenda of: April 9, 1997
EXPENDITURE
REQUIRED:
None
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
This ordinance amends Section 20A-11 by providing that the reviews by the Planning
and Zoning Commission shall be pursuant to Florida Statutes. The Planning and
Zoning Commission recommends approval of this ordinance.
RECOMMENDED ACTION
Approve the first reading of Ordinance O-97-22, set a public hearing and second
reading for May 14, 1997.
amended. The planning and zoning commission, regardless of the source
of a proposed zoning ordinance change, shall hold a public hearing or
..~.u ~ ...... ~.~:~ ~+:~ and submit written
hearings thereon,
recommendations to the city council for official action on the proposal.
4. Review of development plans and policies required to carry out powers
described herein or delegated by city council. The city planning and
zoning commission shall conduct such other reviews of development plans
and policies as shall be necessary to effectively carry out duties and
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responsibilities described in Chapter 163, Florida Statutes, stipulated in this
code, or delegated otherwise by the city council.
Section 2. CODiFICATiON. It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a
part of the Land Development Code of the City of Sebastian, Florida, and that the sections of
this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
"Section", "Article", or such other word or phrase in order to accomplish such intention.
Section3. CONFLICT..All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Section4. SEVERABILITY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full force and effect.
3
Section 5.
1997.
EFFECTIVE DATE. This Ordinance shall become effective on July
PASSED BY THE CITY COUNCIl. OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, THIS DAY OF , 1997. PASSED AND ADOPTED BY
THE CITY COUNCIl. OF TI~ CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
FINAL READING, THIS __DAY OF ~ 1997.
The foregoing Ordinance 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 Walter W. Barnes
Vice Mayor Richard J. Taracka
Coundlmember Louise K Cartwri~t
Councilmember Larry Patti
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of
,1997.
CITY OF SEBASTIAN, FLORIDA
By:
WalterW. Barnes, Mayor
ATTEST:
Kathryn M. O~alloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
City of Sebastian, Florida
Subject: First Reading of O-97-23
Approved for Submittal by:
EXPENDITURE
REQUIRED:
None
Department Origin: Commu~iSy Development
(VJM)
Date Submitted - April 2, 1997
For Agenda of: April 9, 1997
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
SUMMARY
This ordinance amends Section 20A-11 by substituting land development code for the
zoning COde and that the enactment of the land development regulations shall be
pursuant to Florida Statutes. The Planning and Zoning Commission recommends
approval of this ordinance.
RECOMMENDED ACTION
Approve the first reading of Ordinance 0-97-23, set a public hearing and second
reading for May 14, 1997.
ORDINANCE NO. 0-97-23
AN ORDINANCE OF ~ CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 20A-11.4 OF ~
LAND DEVELOPM~ENT CODE RELATING TO CiTY COUNCIL'S
ROLE; PROVIDING FOR CODn~ICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABiL1TY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WI:IEREAS, the City Council of the City of Sebastian, Florida, desires to amend the
Land Development Code relating to procedures regarding land development code and the City
Council's role; and ::
· . WI~EREAS, the City Council of the City of Sebastiart, Florida, believes that it is in the
best interests of the health, safety, and general welfare of the community to do so,
NOW THEREFORE, BE IT ORDAINED BY THE crrY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, THAT:
Section 1. Section 20A-11.4. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 20A-11.4. City council's role.
A. Legislative intent. The legisl'ative iment of the land developm..ent~*~g code is to
provide the city council of the City of Sebastian zeaiag-powers necessary to
implement the comprehensive plan consistem with enabling legislation of Chapter
163, Florida Statutes.
Powers of city council:
Enact land development_~ning regulations. Following receipt of a written
report from the planning and zoning commission seating as the
plannin~ agency, the city council may amend or supplement and the
regulations and districts fixed by the then adopted city land
developmentzoni~ code. The city council shall hold a public hearing on
such matters, as required byT Florida. Statutes-Mtk d-~ puSl:.c ..,,~^*:~.,.,., if any
change is to be considered and shall act on the proposed change after such
hearing. In cases where the recommendation of the planning and zoning'
commission is adverse to the proposed change, such change shall not
become effective except by an affirmative vote of a majority of three (3)
members of the city council, after due process.
Establish fees and appropriate funds. The city council may by resolution
establish fees, charges and expenses imposed by these land
de lo mp__m__~t: r2ng ~,4~ gulati
ve c .... re OhS.
Consider and act on development issues as required. The city council
shall consider and act on development and growth management issues
pursuant to this Code, Chapter 163, Florida Statutes, and other applicable
laws and regulations..
Enforce zoning code. The city council shall enforce the land
developmentm~/a,,g code, including carrying out appropriate
!eg~slat~ve .............. ~ ..... ~,,~ actions.
Appoint and confirm members of requisite boards and commissions. The
city council shall appoint and confirm members of the planning and zoning
commission, the board of adjustment, and any other board, commission or
committee as may be deemed necessary by the city council or applicable
laws.
Section 2. CODIFICATION. It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a
pan of the Land Development Code of the City of Sebastian, Florida, and that the sections of
this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
"Section", "Article", or such other word or phrase in order to accomplish such intention.
Section3. CONFLICT. All other Ordinances or parts of Ordinances,
::
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Section4. SEVERABIL1TY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid pan or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full force and effect.
Section 5. EFFECTIVE ,DATE. This Ordinance shall become effective on july
1, 1997.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, THIS DAY OF , 1997. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, FLORIDA, ON SECOND AND
FINAL READING, THIS DAY OF , 1997.
The foregoing Ordinance 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 Walter W. Barnes
Vice Mayor Richard $. Taracka
Councilmember Louise tL Canwright
Councilmember Larry Paul
Coundlmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of
,1997.
CITY OF SEBASTIAN, FLORIDA
By:
Walter W. Barnes, Mayor
ATTEST:
Kat~yn M. O~alloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
,,,City of Sebastian, Florida
Subject: First Reading of 0-9%24
Approved for Submittal by:
Exhibits: 0-97-24
EXPENDITURE
REQUIRED:
None
Agenda No. .,~"~. t0 55
Department Origin: Communi~l~y Development
(K M)
Date Submitted - April 2, 1997
F_~Qr Agenda of.' April 9, 1997
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
..SUMMARY
This ordinance amends Section 20A-11 amending the procedures for adopting,
supplementing or amending the zoning ordinance by substituting the Community
Development Director for the City Clerk, by providing that the Planning and Zoning
Commission makes a recommendation to the City Council and that the enactment of
the zoning amendment shall be pursuant to Florida Statutes. The Planning and Zoning
Commission recommends approval of this ordinance.
RECOMMENDED ACTION
Approve the first reading of Ordinance 0-97-24, set a public hearing and second
reading for May 14, 1997.
ORDINANCE NO. 0-97-24
AN ORDINANCE OF THE CITY OF SEBASTIAN, IND~ RIVER
COUNi~, FLORIDA, AMENDING SECTION 20A-11.6. OF THE
LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR
ADOPTING, SUPPLEMENTING OR AMENDING ~ ZONING
ORDINANCE; PROVIDING FOR CODIFICATION; PROVIDiNG
FOR CONFLICTS; PROVIDING FOR SEVERABIL1TY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WI][E~S, the City Council of the City of Sebastian, Florida, desires to amend the
Land Development Code relating to pr.gcedures regarding land development code adopting,
supplementing or amending the zoning ordinance; and
WltEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the
best interests of the health, safety, and general welfare of the community to do so,
· NOW TIt~REFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF ~
CITY OF SEllAS,TiAN, FLORIDA, THAT:
Section 7. Section 20A-11.6. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
Procedures for ,adopting, supplementing or amending the zoning
Sec. 20A-11.6.
ordinance.
A.
Amendments to the zoning ordinance
Initiating amendments to the zoning code.
may be initiated by:
1. City council. The city council may initiate a zoning ordinance amendment
by approving a written statement expressing its intent to amend this zoning
ordinance and shall submit such written statement and any relevant
supportive material to the city planning and zoning commission for review
and action pursuant to section 20A-11.6(C) of this chapter.
Planning and zoning commission. The city planning and zoning
commission may initiate a zoning ordinance amendment.
Property owner(,s). An amendment to the zoning ordinance may be
initiated by a petition signed by a property owner, or the property owner's·
authorized agent. Such petition shall be submitted to the office of the
Community Developme, nt Directore4ty-tder-h together with a fee as shall be ·
determined by resolution of the city council. As manymay lots or parcels
of property as the applicant may desire may be included in any single
petition if they constitute one contiguous [parcel]. The petition shall be
:.:submitted on an application
Development Director~.
limited to, the following:
(a) Property description.
(b)
(c)
form prescribed by the Co~u__~._~
The application shall include, but not be
The application shall describe by legal
description and by street address, where possible, the property to be
affected by the proposed change.
Current and proposed comprehensive plan land use map
designation. The current and proposed comprehensive plan land
use map designation for the subject property shall be identified.
Current and proposed zoning. The current and proposed zoning
for the subject property shall be identified.
(d)
(e)
Existing and proposed use. The existing and proposed use of the
subject property shall be stated.
Disclosure of ownership. The application shall include a verified
statement showing each and every individual person having a legal
and/or equitable ownership interest in the property upon which the
application for rezoning is sought, except publicly held
names and addresses of the
corporations, in which case the
corporate officers shall be sufficient.
.f
Administrative review. The CommuniW Development D]rector~,v ..... shall
forward zoning change petitions, for which appropriate fees have been submitted,
to all appropriate administrative staff for their review and comment. The
application shall be reviewed for conformance with the requirements of this
chapter. The Community_ Development Director shall summarize the staffs
comments and make a recommendation to the Planning and Zoning Commission.,
Planning and zoning commission review. The planning and zoning commission,
regardless of the source of the proposed zone change petition, shall hold a public
hearing(s) thereon, with notice as required by_ section 20A-11.7due v,-~,,,,-~"~'~; .... ,,,~,,,e.:~
The planning and zoning commission shall submit a written report and
recommendation concerning the proposed change of zoning to the city council for
deliberations the planning and zoning commission shall consider the following
criteria:
1.
o
Consistency with plan.
comprehensive plan.
commission.
Conformance with ordinances.
Whether the proposal is consistent with the
Any inconsistencies shall be identified by the
Whether the proposal is in conformance
with any applicable substantive requirements of the City of Sebastian Code
of Ordinances.
Changed conditions. Whether, and the extent to which, land use and
development conditions have changed since the effective date of the
existing regulations involved which are relevant to the amendment.
:Land use compatibility. Whether, and the extent to which, the proposal
would result in any incompatible land uses, considering the type and
location of uses involved.
Adequate public facilities. Whether, and the extent to which, the proposal
would result in demands on public facilities and services, exceeding the
capacity of such facilities and services, existing or programmed, including
transportation, utilities, drainage, recreation, education, emergency
services, and similar necessary facilities and services.
Natural environment. Whether, and to the extent to which, the proposal
would result in significantly adverse impacts on the natural environment.
Economic effects. Whether, and the extent to which, the proposal would
adversely affect the property values in the area, or the general welfare.
8. Orderly development. Whether the proposal would result in an orderly and
local development pattern. Any negative effects on such pattern shall be
identified.
9. Public interest; enabling act. Whether the proposal would be in conflict
with the public interest, and whether it is in harmony with the purpose and
interest of this ordinance and its enabling legislation.
10. Other matters. Other matters which the planning and zoning commission
may deem appropriate. ,.
Ci~ council review. The city council sh~l hold a public he~ng on the requested
zone ch~ge petition or mendment, ~th5 due public notice as defined in Sec.
11.7. If the amendment chan~es ..,the actual list of perm/Red, conditional,, or
prohibite...d uses within a zoning category sha!!..be pur.s..uant, to the F!ofida Sta .m..tes~
If the amendment was initiated by...the city and changes the actual zoning map
desi~.a, tion of a parcel or. p. arc.e!S of land,, public noti.ce shall be pursuan, t t~ thee
Florida Statutes in addition to the notice requi.rements as defined in .section .20A
.......... a ci~tg counciland shall then act on the
......... j .....~,. -, ~e The __
proposed change ......... ~ "~'" "·'~" ;,! ia
......................... In its deliberations
the city council shall consider the criteria identified in section 20A-11.6(C) above
together with the findings and recommendations of the planning and zoning
commission. Any modifications or revisions to the planning and zoning
commission's recommendation which involve a greater area of land to be rezoned
or a more intensive zoning classification shall be the subject of an additional public
hearing before the city council with due notice prior to action by the city council.
Section 2. CODIFICATION, It is the intention of the City Council of the
City of Sebastian, Horida, that the provisions of this Ordinance shall become and be made a
part of the Land Development Code of the City of Sebastian, Florida, and that the sections of
this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
"Section", "Article", or such other word or phrase in order to accomplish such intention.
Section3. CONFLICT. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of
h conflict.
Section4, SEVERABIL1TY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become effective on July
1,1997.
PASSED BY ~ CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, THIS DAY OF
, 1997. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
FINAL READING, THIS __DAY OF ~ 1997.
The foregoing Ordinance was moved for
The motion was
adoption by Councilmember
seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Walter W. Barnes
:
Vice Mayor Richard J. Taracka
Councilmember Louise R. Cartwfight
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of
,1997.
CITY OF SEBASTIAN, FLORIDA
By:
Walter W. Barnes, Mayor
ATTEST:
Kathryn M. O~Ialloran, CMC/AAE
(Sea )
Approved as to Form and Coment:
Valerie Settles
City Attorney
.City of Sebastian, Florida
Subject: First Reading of 0-97-26
Approved for Submittal by:
Exhibits: 0-97-26
EXPENDITURE
REQUIRED:
None
Agenda No. qT. ~,~
Department Origin: Commu~ty Development
Date Submitted · April 2, 1997
For Agenda of: April 9, 1997
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
:-SUMMAKY
This ordinance amends Section 20A-11 .amending the procedures for amending the
comprehensive plan by substituting the Community Development Director for the City
Clerk and that the amendment shall be processed pursuant to Florida Statutes. The
Planning and Zoning Commission recommends approval of this ordinance.
RECOMMENDED ACTION
Approve the first reading of Ordinance O-97-26, set a public hearing and second
reading for May 14, 1997. '
ORDINANCE NO. 0-9%26
AN ORDINANCE OF ~ CTrY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLOR[DA, AMENDING SECTION 20A-11.8. THE LAND
DEVELOPMENT CODE RELATING TO PROCEDURES FOR
AMENDING THE COMPREHENSIVE PLAN; PROVIDING FOR
CODIFiCATiON; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WIIE~S, the City Council of the City of Sebastian, Florida, desires to amend the
Land Development Code relating to,procedures regarding land development code for
amending the comprehensive plan; and
WI~iE~S, the City Council of the City of Sebastian, Florida, believes that it is in the
best interests of the health, safety, and general welfare of the community to do so,
NOW TJ[IEREFORE, BE IT ORDAINED BY TI3[E CITY COUNCIL OF THF~
CITY OF SEBASTIAN, FLORIDA, TflAT:
Section 1. Section 20A-11.8 of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 20A-11.8. Procedures for amending comprehensive plan.
A. Initiating amendments to the comprehensive plan. Amendments to the
comprehensive plan may be initiated by:
1. City council. The city council may initiate a comprehensive plan
amendment by approving a written statement expressing its intent to amend
the comprehensive plan and shall submit such written statement and any
relevant supporting material to the city planning and zoning commission for
review and action pursuant to section 20A-11.8(C) of this chapter.
Planning and zoning commission. The city planning and zoning
commission may initiate a comprehensive plan amendment.
Resident; property owner(s). An amendment to the comprehensive plan
may be initiated by an application signed by a property owner, a resident of
the city or the authorized agent of a resident or property owner. Such
application shall be submitted to the office of the ...Communi.ty Development
Directorc'~-,,,,,,~-~-~., together with a fee as shall be determined by resolution
of the city council from., time to time. As many lots or parcels of property
as the applicant may desire can be included in any single application if they
constitute one contiguous parcel. The application shall be submitted on a
form prescribed by the Community_ D.evelopment Dire~tore:,,~. c, le~k. The
· application shall include, but not be limited to, the following:
a. The applicable section(s) of the comprehensive plan sought to be
amended.
b. The proposed amendments sought to the comprehensive plan.
c. The impact the proposed change has on other elements of the
comprehensive plan and applicable ordinances of the city.
d. If the application relates to an amendment to the land use element,
said application shall, in addition to the foregoing, include:
(i) Property description. The application shall describe by
legal description and by street address, where possible, the
property to be affected by the proposed change.
(ii)
Current and proposed comprehensive plan land ttse map
designation. The current and proposed comprehensive plan
land use map designation for the subject property shall be
identified.
(iii) Current and proposed zoning. The current and proposed
zoning for the subject property shall be identified.
(iv) Existing and proposed use. The existing and proposed use
of the s~bject property shall be identified.
(v) Disclosure of ownership. The application shall include a
verified statement showing each and every individual person
having a legal and/or equitable ownership interest in the
property upon which the application for comprehensive plan
amendment is sought, except publicly held corporations, in
which case the names and addresses of' the principal
corporate officers shall be sufficient.
No application under lhis section shall be reviewed by staff or any board,
commission or the city council until such application is fully completed and
submitted with the appropriate fee.
Administrative review. The Community Development Director¢;,D, clerk shall
forward comprehensive plan amendment applications to all appropriate
administrative staff for their review and comment. The application shall be
reviewed for conformance with the requirements of this chapter. The Community
Development Director shall summarize the staWs comments and make
recommendation to the Plannin~ and Zoning Commission seating~as the local
planning agency.
Planning and zoning commission review. The planning and zoning commission
8eating as the local planning agency, regardless of the source of the proposed
comprehensive plan amendment, shall hold a public heating thereon,-with4ue
pubtiemot4ae. The planning and zoning commission shall submit a written report
and recommendation concerning the proposed comprehensive plan amendment to
the city council for official action. In its deliberation, the planning and zoning
commission shall consider the following criteria:
1. Consistency with other elements of plan. Whether the proposal is
consistent with the other elements of the comprehensive plan. Any
. inconsistency shall be identified by the commission.
2. Conformance with ordinances. Whether the proposal is in conformance
with any applicable substantive requirements of the city of Sebastian Code
of Ordinances, particularly the land development code, and/or whether the
proposed amendment, will require amendments to any ordinances of the
city.
3. Changed conditions. Whether, and the extent to which, land use and
development conditions have changed since the effective date of the
existing regulations involved which are relevant to the proposed
amendment.
10.
Land use compatibility. Whether, and the extent to which, the proposal
would result in any incompatible land uses, considering the type and
location of uses involved.
Adequate public facilities. Whether, and the extent to which, the proposal
would result in public facilities and services exceeding the capacity for such
services and facilities existing or programmed, including transportation,
utilities, drainage, recreation, education, emergency services and similar
necessary facilities and services.
Natural environment. Whether, and the extent to which, the proposal
would adversely affect the property values in the area, the general health,
safety and welfare and impact the financial resources of the city.
:Economic effects. Whether, and the extent to which, the proposal would
adversely affect the property values in the area, the general health, safety
and welfare and impact the financial resources of the city.
Orderly development. Whether the proposal would result in an orderly and
local development pattern. Any negative effects on such patterns shall be
identified.
Public interest enabling act. Whether the proposal would be in conflict
with the public interest, and whether it is in harmony with the purpose and
intent of this chapter and its enabling legislation.
Other matters. Other matters which the planning and zoning commission
may deem appropriate.
Action following reviews by city planning and zoning commission. After review
of the proposed comprehensive plan amendment, and the revision relating to
thereto, the Community_ Development Director~ shall place the proposed
ordinance amending the comprehensive p!an~, with comments from the
planning and zoning commission as the local pla~.n~ agency, on the next available
meeting agenda for city council actionrev:.zw
................ J ........ J -,- v,,-v ....................e. The a cant shall be
advised of the time and place of the city council meeting.. The amendment shall be
considered as required by the Florida Statutes.
........ ~ c~-~2~ ;~n. Thc
T ....... "11 ..,.~ T..I.. "'/1 A~+,~., +1-, ..... .411 L, ....
?
Section 2. CODIFICATION. It is the intention of thc City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a
part of the Land Development Code of the City of Sebastian, Florida, and that the sections of
this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
"Section", "Article", or such other word or phrase in order to accomplish such intention.
Section3. CONFLICT. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Section 4. SEVERABILrrY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
constitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become effective on July
1, 1997.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON'
FIRST READING, Tills DAY OF , 1997. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
DAY OF ,1997.
Ordinance
was moved for adoption by Councilmember
The motion was seconded by Councilmember
FINAL READING, THIS
The foregoing
and, upon being put into a vote, the vote was as follows:
Mayor Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise K Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared, this Ordinance duly passed and adopted this __ day of
1997.
CITY OF SEBASTIAN, FLORIDA
By:
Walter W. Barnes, Mayor
ATTEST:
Kathryn M. OTIalloran, CMC/AAE
(Se~)
Approved as to Form and Content:
Valerie Settles
City Attorney
10
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 13 FAX (561) 589-5570
CITY COUNCiL AGENDA
TRANSMTI~AL
SUBJECT:
AGENDA NO:
Appointment of Member to
Indian River County Land Acquisition
Advisory Committee
DEPT. ORIGIN:
DATE SUBMITTED:
MEETING DATE:
APPROVED FOR SUBMITTAL:
EXltIBITS:
City_ Clerk b(
for Mayor Barnes
..4/3/97
4/9/97
IRC Resolution
Expenditure Required:
IAmount Budgeted:
Appropriation Required: '['
sUM3q- ARY STATEMENT
At the March 26, 1997 Regular Meeting, during appointments of liaisons to county and regional
boards, I said I would contact Indian River Couny relative to membership requirements for the
Land Acquisition Advisory Committee.
Assistant' County Attorney Will Collins advised us that the Sebastian member is listed as a
"Representative of Sebastian City Courtcil" and that it is up to the discretion of the City Council
to decide whom it wishes to represent the City Council. He faxed us a copy of the resolution
which is attached for your review.
Other governmental agencies do have elected officials as their representatives, however, Carolyn
Corum acted as the City's representative after she left City Council.
RECOMMENDED ACTION
The Mayor will appoint a member to the Land Acquisition Advisory Committee.
INDIAN RIVER COUNTY
ID:561-770-5095
M~R 27'g?
16:13 No.024 P.02
NO. 92- 58
COUNTX RESOLUTXON 90-104, WflICH ESTABLISHED A LAND &COU~SITION
C~RXFYXNG ~C ~UR~OHE.
comprehensive Plan which encourage the acquisition of tracts o£
valuable native land, env&ronmentally sensitive land, or 1&nde
which have great recreational worth; and
WHXREAS, the Board of County Commissioners has decided that
the decJ. sion of which lands to buy should bo made a£ter lnput £rom
a large group of varled and ln£ormed Interests Bo that the decision
will have the support of the maJorlty of the population of Indlen
River County; and
WHEREAS, on September 4~ 1990, the Board of County
Conunles~oner~ adopted Reeolutlon 90-104 which established a Land
Acqul. el~lon Advisory Committee (LAAC) ~o advise the Board on land
acquisition matters/ and
WHEREAS; at their regular mee~lng of March 10, 1992 and as
requested b¥'.~AC, tho Board oE County Commissioners held a
discusa.~on concerning ¢larif~cat~on o~ the purpose of I~%AC; and
WHEREAS, a~ thelr March 10, 1992 maetlng, the Board voted to
add a l~th member to LAAC to represent the development community;
NOW, THEREFORE; BE XT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF ~NDIAN RIVER COUNTY, FLORIDA, thatw
1) EflTABL~8~IMEHT AND MEMBERSHIP OF COMMITTEE
Th° Land Acquisition Adv~SOL~f Committee as es~abiiehed by
County Resolution 90-104 is hereby expanded ~o be composed of
members'with membership as follows~
1. county Commissioner a8 Chairman, Don C. Scurlock, Jr.
2. Representative of Veto Beach City Council, Mayor
~" Smith
3. Representative of Sebastian City Council, Carolyn Corum
4. aeprosen~a~ive of Follsmere C1t¥ Councll, Mayor Joe.
5. Repreeentatlve of Indian River Shore Town Council, Mayor
Fritz ~lerhart
6. Repreeentattve of Orchid Town Council, Ernie Polverart
7. MendDer of Indlan River Land Truer, Pat Brown
8. Member og Slerra Club Conservation Committee, Ruth
Stanbrldge
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INDIAN RIVER COUNTY
ID:561-770-5095
MAR 27'9?
16:14 No.024 P.05
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2)
Member of Pelican Island Audubon Society, Richard Baker
Nember of Board of Realtors, Herndon Williams
tember of Chamber o£ Commerce or Council of 100, Walmage
~ember of ~axpayers' Association, R~bert ~choen
~ember .of CIvic ~ssoctatton, 3chh Orcu~
~ember from agricultural ln~erests, aohn a. ~orrison
~ember of development community
The term of office of each member shall be two years wlth the
initial'appointments staggered so that as near as possible one-half
of the committee will serve terms of one y~ar and one-half ts=ms of
two years, with each member thereafter serving terms of two years.
3) PURPOSE OF THE C~MMITTEN
The purpose of the committee shall be to:
i.. Carry out the policies 'of the Indian River County
Comprehensive Plan, primarily fulfilling the specific
upland acreage acquisition conunl=ments of =he policies of
Conservation Element Objective 6, but Including the
.., longer term acquisition of environmentally elgnlflcent
lands (beyond the minimum specified acreage o£ Objective
6), Including environmentally sensitive wetlands as well
: aB native upland plant communities;
5. work with the County and all municipalities to make
priorities for futura land acquisition;
3. Work with private groups and landholders In addition to
state and federal agencies for the acquisition of land;
~. Work with current developments and golf cot=see to place
curren=ly preserved land into conservation easements for
permanent preservations~ and
S. Review staff and financial commit~ee recommendations for
funding for the ~cquieition of land. (If a referendum is
decided upon, dace and amount should be determined.)
4.) ' ADVISORY STATUS
The Land Acquisition Advisory committee shall be advisory only
and the members shall serve wlthout compensation.
The provisions of Title 1, Cll~p=er 103, tala=lng ~o advisory
boards and committees shall apply to th£~ board.
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INDIAN RIVER COUNTY ID:SGi-??O-5OD$ MAR 27'g7 1G:14 N0.024 P._.0_4__1
The resolu'l;lon was moved fo~ adoption by Co~lsa/one~
~cu~]~ , and the motion ~a~ seconded
,o1~;:'::: .... . and, upon b.lng put to . vo~.. th. vo,. ,-. aa I
Chal~man Carolyn K. Egge~t A e
~o~z.a,one= ~a=~ C. WheeZe= ~; .
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', BOARD OF COUNTY COMMXSSXONERS
Ch~las P, Vllunac
County Attorney