HomeMy WebLinkAbout06261996 City of Sebastian
1225 MAIN STREF. T g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, JUNE 26, 1996 - 7:00 P.M.
CITY COUNCIL CltAMBERS
1225 MAIIN' STR.EET, SEBASTIAN, FLOR[DA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAINSTREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the
item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit of ten
minutes per speaker (R-95-33)
l. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
lIN'VOCATION
AGENDA MODI-FICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous consent of the Council
members present (R-95-33)
PROCLAMATIONS AND/OR ANNOUNCEMENTS
96.117
1-26
96.138/
95.184
27-30
OUASI-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-39):
Mayor Opens Hearing-Outlines Rules
City Attorney reads Ordinance or Resolution (if Applicable)
Clerk Administers Oath
Disclosure of Ex-Parte Communication
Staff Presentation
Applicant Presentation - 15 Minutes
Inquiry of Applicant
Proponents' Testimony - 3 Minutes or fO Minutes if Representing 5 or More
Inquiry of Proponents
Opponents' Presentation ~ Affected Opponents 15 Minutes - Other 3 Minutes or ] 0 Minutes
if Representing 5 or More
Inquiry of Opponents
Informational Testimony - 3 Minutes or I0 Minutes if Representing 5 or More
Closing of Public £nformational Period
Staff Response and Summary - I 0 Minutes
Applicant's Rebuttal Presentation - 10 Minutes
Board and Staff Inquiry
Skillman Comprehensive Land Use Plan Amendment - Heating and Adoption (Community
Development Transmittal 6/12/96, O-96-12, Application, Area Map, StaffReport, P & Z
Recommendation)
ORDINANCE NO. O-96- l 2
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING A SMALL SCALE A_MENDMENT TO TI-IE
COMPREHENSrVE PLAN WHICH AMENDS TIlE FUTUKE LAND USE MAP
FROM CL (COMMERCIAL LIMITED) TO MDR (MEDIUM DENSITY
RESIDENTIAL) FOR LAND CONSISTING OF 5.6 ACRES, MOKE OK LESS,
LOCATED SOUTH OF MAIN STREET, EAST OF J & W SUBDMSION AND 100
FEET WEST OF THE U.S. POST OFFICE PROPEKTY; FINDING THAT TI-IE
COMPREHENSIVE PLAN AMENDMENT QUALIFIES AS A SMALL SCALE
AMENDMENT UNDEK FLORIDA STATUTES SECTION 163.3187 (1) (C);
PKOVIDING FOK COPIES OF ~ SMALL SCALE AMENDMENT TO BE
TRANSMITTED TO ALL PAKTIES AS REQUIKED BY FLORIDA STATUTES
SECTION 163.3184 (7); PKOVIDING FOK KEPEAL OF ORDINANCES OK PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PKOVIDING FOR SEVEKABILITY;
AND PKOVIDING FOR AN EFFECTIVE DATE. (lst Reading 6/5/96, Display Ad
6/19/96, Letters 6/14/96, Hearing 6/26/96)
Sandridge Estates Apartments - E & E Development - ReqUest One Year Site Plan Time
Extension (Community Development Transmittal 6/14/96, Mosby & Associates Letter
6/11/96, Site Plan Application, Site Map)
l
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i 96.139
67-74
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I 96.113
75
96.140
i 7944
I
96.14l
I85-88
l:' 96.142
89-98
I.:
1
CONSENT AGENDA
All 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.
A. Approval of Minutes - 6/5/96 Regular Meeting, 6/10/96 Workshop
Interlocal Agreement - ERC/City of Sebastian - Local Option Gas Tax Distribution -
Adopt R-96-49 (City Manager Transmittal 6/20/96, R-96-49, Interlocal Agreement)
RESOLUTION NO. R-96-49
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA. AUTHOP, JZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST, ON BEHALF OF THE CITY, AN INTER.LOCAL AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND THE CITY OF SEBASTIAN FOR TH2E
PURPOSE OF PROVIDING FOR TI-IE DIVISION AND DISTtLIBUTION OF THE
PROCEEDS OF TI-YE LOCAL OPTION GAS TAX; PROVYDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT IffEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Co
Correct 6/5/96 Council Action Re: Public Works Truck Purchases - City Manager
Recommendation - (City Manager Memo 6/19/96, Pg 2 of 6/5/96 Agenda Request,
Summary)
PRESENTATIONS - None
COMMITTEE REPORTS/RECOMMENDATIONS
A. Ptannin~ and Zonin~ Commission
Interview and Appoint Regular Member - Three Year Term to Expire 5/99 -
Commission Recommends Carl Fischer (Community Development Transmittal
6/17/96, Applications, P & Z Memo 6/7/96, Sec. 10 - R-94-51)
B. Tree Advisory Board
Create Two Alternate Member Positions - Direct Staff.to Prepare Ordinance to
Amend 20A-14.16 LDC (Community Development Transmittal 6/12/96, Tree
Board Secretary Memo 6/12/96, Sec. 20A-14.16)
Interview and Appoint Two Regular Members for Two Year Terms to Expire 4/98
- Board Recommends Cart Fischer and Sally Gore (Community Development
Transmittal 6/12/96, Tree Board Secretary Memo 6/12/96, Sec. 10 - K-94-51,
Sec. 20A-14.16.B.)
11. OLD BUSINESS
96.130
99-104
12.
96.143
105-106
96.144
10%134
96.144
96.045
135-163
A. Review City Council Pending List (List 6/20/96)
NEW BUSINESS
Dayco Products, Inc. - Request Use of Riverview Park for Company Picnic - July 20,
1996 - 8:00 a.m. to 5:00 p.m. - 100 People - Use of Electricity - Placement of Moonwalk
(Community Development Transmittal 6/14/96, Dustin Letter 6/6/96)
Proposed Phase I Water Line Extension by [KC Utilities - Waive 60 Day Requirement
from Section 6.07(B) of Interlocal Agreement - Adopt R-96-48 (City Manager Memo
6/19/96, K-96-48, 24 Page IRC Utilities Fax 6/17/96)
RESOLUTION NO. R-96-48
A RESOLUTION OF TI-IE CITY OF SEBASTIAN, INDIAN RIVER. COUNTY,
FLORIDA, WAIVING THE SIXTY DAY KEQU[KEMIENT IMPOSED BY SECTION
6.07(B) OF TH~ INTERLOCAL AGREEMENT BETWEEN IND~ RIVER.
COUNTY AND TI-iE CITY OF SEBASTIAN PROVIDING FOR TIlE TRANSFER OF
THE CITY OF SEBASTIAN WATER AND WASTEWATER SYSTEM; PROVIDI2qG
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Authorize City Manager to Notify Indian River County of City's Non-Objection to 2%
Interest Surcharge for Water Assessment (See City Manager Memo Listed in Item B)
Centralized Procurement System for Acquisition of Goods and Services - Accept O-96-10
on 1st Reading and Set Public Hearing 7/24/96 (City Manager Transmittal 6/20/96, 0-96-
10)
ORDINANCE NO. O-96-10
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLOR.IDA, ESTABLISHING AND PROVIDING FOR A CENTRALIZED
PROCLIRE~ SYSTEM FOR THE ACQUISITION OF GOODS AND SERVICES
FOR THE CITY OF SEBASTIAN; ESTABLISHING A PURCHASING AND
BIDDING POLICY; PROVIDING FOR SEALED COMPETITIVE BIDDING ON
PROCUREMENT IN EXCESS OF $5,000.00; PROVIDING FOR OTHER METHODS
OF COMPETITIVE BIDDING ON PURCHASES UNDER. $5,000.00; PROVIDING
EXCEPTIONS; PROVIDING FOR THE LIMITS AND DELEGATION OF
PURCHASING AUTHORITY; PROVIDING FOR THE ESTABLISHMENT OF
ADMINISTRATIVE GUIDELINES FOR PURCHASING PROCEDURES IGNOWN AS
THE "PURCHASING MANUAL"; PROVIDING FOR THE REPEAL OF CERTAIN
ORDINANCES, RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE INCLUSION OF TI-US ORDINANCE IN CITY OF SEBASTIAN CODE;
AND PROVIDING FOR AN EFFECTIVE DATE.
96.145
165-170
96.119
171-173
96.146
[75-176
96.147
177-178
13.
14.
15.
¸16.
Hyatt Rezoning - CL to IN - Accept O-96-13 on 1st Reading and Set Public Hearing
7/10/96 (Community Development Transmittal 6/18/96, 0-96-13)
ORDINANCE NO, O-96-13
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REZON'fNG CERTAIN PROPERTY DESCRIBED AS THAT PART OF
TH NE 1/4 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39
EAST, LYI2qG WEST OF TI-IE WEST RIGHT-OF-WAY OF TI-tE FLORIDA EAST
COAST RAILROAD, LESS AND EXCEPT THE FOLLOWING TWO P,M~CELS: TI-IE
NORTH 6.5 ACRES OF THE NE 1/4 OF TI-IE SE 1/4 AND THE SOUTH 150 FEET
THEREOF, COMPRISED OF 8.23 ACRES, MORE OR LESS, FROM CL
(CO1VI/MERC~ LIMITED) TO IN (INDUSTRIAL), PROVID~G FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVEDING FOR SEVER,ABILITY; AND PROVIDING AN EFFECTIVE DATE.
Tentative Approval of Indian River Community College Development of a Strategic Plan
for the City of Sebastian (City Manager Memo 6/20/96, Sullivan Memo 6/10/96, Planning
Proposal)
Golf Promotion - Indian River National Bank (City Manager Memo 6/20/96, Evans Memo
6/14/96)
Brevard Teaching and Research Lab Tour - City Clerk Request for Date Selection (City
Clerk Transmittal 6/20/96, Whitcomb Letter 6/13/96)
INTRODUCTION OF NrE~ BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda, limit of ten minutes for each speaker
CITY COUNCIL MATTERS
A. Mr. Richard Taracka
B. Mayor Louise Cartwright
C. Vice Mayor Walter Barnes
Mrs. Norma Damp
E. Mr. Raymond Hallora~l
CITY ATTORNEY MATTERS
CITY ;MANAGER MATTE]ilS
17. ADJOURN
ANY PERSON WHO DECIDES TO AfPE4L ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY
MATTF~ CONSIDERED AT THIS MEET1NG (OR ttEAR~G) WILL NEED A RECORD OF THE PROCEEDiNGS AND
MAY NEED TO ENSURE THAT A VERBAT1M RECORD OF THE PROCEEDiNGS IS MADE. WHICH RECORD
iNCLUDES THE TESI2MONY AND EVIDENCE UPON WHICH THE APPEAL iS TO BE HEARD. (286. 0105 F.S.)
13[ COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDiNATOR AT 589-5330 AT
LF_.AST 48 HOURS iN ADVANCE OF TH1S MEETING.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SUBJECT: SECOND READING AND PUBLIC) Agenda Number:
HEARING REGARDING ORDINANCE 0-96-12)
LAND USE AMENDMENT FOR SKILLMAN ) Dept. Origin: Community Development
PROPERTY FROM CL TO MDR )
) Date Submitted:
Approved For Submittal By: )
) For Agenda Of:
City Manager ~W~ ~'~ Exhibits:
6/12/96
(RM)
6/26/96
1. Ordinance 0-96-12
2. Application for Land Use Change
3. Area Map
3. Staff Report
4. P & Z Recommendation
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
An application has been submitted by Roger Skillman regarding his property
located south of main street, east of J & W Subdivision and 100 feet west
of the U. S. Post Office Property and consisting of 5.6 acres more or
less. Mr. Skillman has requested a land use change from CL (Commercial
Limited) to MDR (Medium Density Residential).
The detailed staff report is attached for your review. At the regular
meeting of May 16, 1996, the Planning and Zoning Commission recommended
approval of the land use change. The first reading of Ordinance 0-96-12
was approved by City Council on June 5, 1996.
Staff recommends approval of this small scale land use amendment.
RECOMMENDED ACTION
Second reading and public hearing on Ordinance 0-96-12.
Ordinance 0-96-t2. "
Move to adopt
ORDINANCE NO. O-96-12
AN ORDE'qANCE OF THE CITY OF SEBASTIAN, I1NrDIAN RIVER
COUNTY, FLORII)A, APPROVING A SMALL SCALE A.M]ENDM]ENT
TO TIlE COMI~REEUENS~ PLAN W~:rlCIt AMENDS THE FlYrURE
LAaND USE MAP FROM CL (COMMIERCIAL LISMITED) TO MI)R
(M~DIUM DENSITY tLESII)ENTIAL) FOR LAND CONSISTING OF
5.6 ACRES, MORE OR LESS, LOCATED SOUTH OF MAIN STREET,
EAST OF J & W SUBDIAqSiON AND 100 FEET WEST OF TEEE U.S.
POST OFFICE PROPERTY; FllXff)ING-..'. TItAT THE
COMPREHENSIVE PL,A.N AM]ENDM~NT QUALIFIES AS A SMALL
SCALE AaMENDMENT UNDER FLORIDA STATUTES SECTION
163.3187 (1) (C); PROVIDING FOR COPIES OF THE SMALL SCALE
AMEN'DM]ZNT TO BE TRANSMi'IWED TO ALL PARTIES AS
REQUI]R~D BY FLORIDA STATUTES SECTION 163.3184 (7);
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT 1TEREWITtt; PROVIDING FOR
SE'VERABiLITY; AND PROVIDING FOR AxN EFFECTIVE DATE.
~S, the City Council has considered the apphcation of Roger Sk/llman for
a small scale amendment, to change the land use for certain property, as reflected on the
Future Land Use Map from CL (Commercial Limited) to MDR (Medium Density
Residential); and
WI~REAS, the application qualifies as a small scale amendment under Flor/da
Statutes Section 163.3187 (1) (c); and
WHE~S, the City Council has considered the criteria identified in Section 20A-
11.8(c) of the Land Development Code and Florida Statutes Section 163.3187(1)(c) together
with the findings and recommendations of its sm.ff and the Planning and Zoning Commission;
and
WItE~S, the City Council has provided notice of the proposed small scale Plan
Amendment and has conducted a final public hearing to receive citizen input; and
WHEREAS, the City Council has considered the application provisions of the
existing Comprehensive Land Use Plan together with the recommended findings of its staff;
and
WWF~$, the City Council has determined thax the proposed changes in the City's
Comprehensive Land Use Plan, as set forth in the small scale amendment application, are
consistent with the existing comprehensive plan and the future development goals of the City
of Sebastian.
NOW, TItE1LEFORE, BE IT ORDAINED BY TItE CITY COUNCIL OF T]tE
CiTY OF SEBASTIAN, I?qDI~N RIVER COUNTY, FLORIDA, as follows:
Section 1. QUALIFICATION AS SMALL SCALE AM2ENDMENT. The
application for a Comprehensive Plan amendment filed by Roger Ski!lmaxt qualifies as a
small scale amendment under Florida Statute Section 163.3187 (1) (c).
~ AFFECTED PROPERTY. The small scale amendment to the
Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the
following described real property, now lying and be/rig within the incorporated area of the
City of Sebastian, Indian River County, Florida:
All of Blocks i and 9., Sebastian Gardens Subdivison, as recorded'in Plat Book
5, Page 58, PubLic Records of Indian River County, Florida.
2
Section 3. DESIGNATION. The Comprehensive Plan Future Land Use Map
(1-1) shall be amended from CL (Commercial Limited) to MDK (Medium Density
Residential) for the affected property as described in Section 2.
~. NOTIFICATION. Within ten (10) working days after adoption of the
Plan Amendment, the City shall transmit five (5) copies of the Plan Amendments to the
Department of Commnnity Affairs as provided in Florida Statutes Section 163.3 184 (7). The
City shall also submit one copy to the regional planning agency and to any other mt of local
or state government that has filed a written request with the governing body for a copy of the
Plan Amendment_
~. CONFLICT. Ail ordinances or parts of ordinances in conflict
herewith are hereby repealed.
~ SEYERABiLITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid of unconstitutional, the remainder
of the Ordinance shall not be affected and it shall be presumed that the City Count/1 of the
City of Sebastian did not intend to enact such invalid or unconstitional provision. It shall
further be assumed that the City Coundl would have enacted the remainder of th/s Ordinance
without said invalid or unconstitutional provision, thereby causing said remainder to remain
in full force and effect_
~. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon its adoption and authentication by the signatures of the presiding,officer and the Clerk
of the City Counc/1.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Cotmcilmember
and, Upon being put to a vote, the vote was as follows:
Mayor Louise lC Canwfight
Vice-Mayor Walter W. Barnes
Counc/lmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember R/chard J. Taracka
The Mayor thereupon declared this Ordinance duly passed and adopted this
day of
1996.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By: ..
Lomse IL C'anwfight, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
4
APPLICATION FOR AMENDMENT OF LAND USE DESIGNATION
CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT
1225 MAZN STREET, SEBASTIAN, FLORIDA
TELEPHONE: 589-5330
This application must be completed and returned, with al!
enclosures'referred to herein, to the Planning and Zoning
Board secretary one week before the scheduled meeting.
This application wi!! then be referred ~o the Planning and
Zoning Board for s~udy and recommendations.
APPLICANT: ROGER M. SK:LLMAN PHONE: 1-407-276-5678
ADDRESS: P 0 BOX 2287
DELRAY BEACH FL 33447-2287
OWNER: ROGER M. & WAUNETA B. SKiLLMAN PHONE: 1-407-2'76-5678
ADDRE-gS:~ 0 ~OX 2287 DELRAY BEACH FL 33447-2287
EXISTING LAND USE DESIGNATION: 'CL COMMERCIAL LIMITED
REQUESTED LAND USE DESIGNATION: BM8. RESIDENTIAL MULTIPLE 8
REASON FOR PETITION?' TO MATCH THE'ADJOINING ZONING ON THE ADJOINING
PROPERTY. FOR A MORE COMPATIBLE ZONING.
ACRES,TO BE REDESIGNATED:
EX%STING USE:
VACANT
PROPOSED USE: FOR A DEVELOPER TO CONSTRUCT RESIDENTIAL BUILDINGS.
THE FOLLOWING ATTACHMENT SHALL ACCOMPANY THE APPLICATION:
!)__ If =he property in question is not owned by ~he applicant,
a notarized Affidavid of Ownership must accompany
the application giving ~he consent of each owner
~o the applicant to apply for a land use change.
.2) x
A copy of the owner's deed must accompany each copy of
~his application.
3) :._,_.~ A cer~i£ied survey of the area, if not pla~ed.
4)
X The legal descr!Dtion of the parcel(s) proposed
to be changed.
X
A drawing or map showing the zoning c!as~sifications
of al! parcels of adjacent land within 300 fee.~ of
~he subject proper~y.
(2)
Names and addresses of surrounding pro~oerty owners
wi~£n 200 ft of the boundary Lines.
7) ~
A check, money order or cash in the amount.of $500.00**
made payab!e to t~e City of Sebastian.
FEE SCHEDULE
Less than 5 acres
5 - 100 acres
more than ~00 acres
$225.00
$500.00
$75O.OO
The undersigned understands that this application must be
complete and accurate before consideration by the Planning
and Zoning Board of the City of Sebastian.
STATE OF FLORIDA
COUNTY OF
PALM BEACH
I, ROGER M. SKILLMAN ,BEING FIRST DULY SWORN,
DEPOSE AND SAY THAT: ........ 2 % AM THE OWNER
S ETC ,ES DA * *TTZ* A TAC ES TO
0¢ SAiD APPLICATION ARE HONEST AND TRUE TO THE BEST
KNOWLEDGE AND BELIEF,
SZGNA~URE
ROGER M. SKILLMAN
SWORN TO AND SUBSCRIBED BEFORE ME, THIS !ST DAY OF MARCH
19 96
ALL APPLICANTS ARE ENCOURAGED TO SCHEDUL~ A PRE-APPLICATION
CONFERENCE T~fRGUGIi T~iE PLANNING AND ZONING STAFF SECRETARY
PRIOR TO THE APPLICATION TO RESOLVE OR AVOID PROBLEMS
CONNECTED WITH THE ~ROPOSAL.
i
WAIVER AND CON.~ENT
authorize each and eve~f me, er of the ~ &, Z BgA~D ....
.Bcar~,,/.Cc~issic~,,) ~o phvsica!iv enter upon the properZy
view ~h~ ~rcu~y in conn~c~f~n wit~ my/our pending
*~s Waqver ~d Cansan~ is befog ~i~ed . / - ' '-7
nc= as a rasu!t of any coercion auDlied, or oru~sas made, by any m
employee, agent, contractor or official of the Cit? of Sebastian.
Dat=d this !ST day of MARCH ~- , ~ 199 6 - m
SWO~ to and s~scr~ed befor~ me t~s ~ ST day o f
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CURRE~ LAND USE - CL (COMMERCIAL LiMrI'ED)
PROPOSED LA, iN]) USE - MDR (MEDIUM DENSITY I~SIDENT!AL)
SUBJECT PROPERTY
RM
OF~C~
CG
C~TY HALl.
STATION
CG
CC
SCHOOL
RM-~
CITY LIMITS
INDIAN
RIVER COUNTY
CONI]?REI: NSIVE PLA.N A.ME N' DMENT
STA.FF REPORT
!. Project Name Ski!Iman Main Street Prope-~y
Reauested Action
Amend the Future Land Use MaD of the City of Sebastian's
Comprehensive Plan from CL to MDR
3. Project Location
a. Address
Legal
All of Blocks 1 and 2, and that portion of Tract D
lying south of Main Street, Sebastian Gardens
Subdivision, as recorded in Plat Book 5, page 58,
Public Records of Indian River County, Florida
c. Indian River County Lo= Number
Project Owner
Mr. Roger M. Ski!!man
5. Project Agent
7. Project Attorney
8. Project Description:
Narrative of proposed action
Mr. Skil!man has re_cuestad a~ amendment to the
ComDrshensive Plan's Future L~d Use Map changing
the designation for this parcel from CL-Commercia!
Limited, to MDR-MediumDensi~y Residential, up to 8
u//its/acre. Mr. Skillman stated the r~ason for
this request was to match the adjoining zoning on
the adjoining proper~y to be more compatible.
b. Curzent Zoning - CL
c. Adjacent Zoning, Current Land Use, Future Land Use
North: PUD-R Vacant LDR
East: PS & CG Insti~utiona!/Vaca~t iNS & CG
South: RM-8 Vacant ~DR
West: RS-10 Singla-family/Vaca~u LDR
Site Characteristics
(1) Total Acreage
Comprehensive Plan Amendment
Staff Report
Page Two
(2) Current Land Use(s) Vacant
(3) Soil
Immokalee fine sand
(See Map I)
(4) Vegetation
(5)
Flood Hazard
Zone X - Area determined to be outside
the 500-year floodplain (See Map IV)
(6) Water Service Public water supply available
(7)
Sanitary Sewer Service
No public wastewater utilities available
(8) Parks (See Map I-7)
(9) Police/Fire
Consistency with other Elements of the Comprehensive Plan
Future Land Use
The requested amendment is consistent with the
Future Land Use element. The proposed MDR Land Use
provides a transition from the Low Density
Residential (LDR) to the west to the more intense
Commercial General to the east. The Comprehensive
Plan states that "Sites for mediu~ density
residential developments should be a location so
that they provide a smooth transition between lower
density residential areas and areas developed
and/or designated for other more intense uses"
Traffic Circulation
The requested amendment is consistent with the
Traffic Circulation element. Based on information
from Carter Associates, Inc., a consultant for Mr.
Skillman, the projected number of daily trip
generations will be reduced by 616 trips a day.
This will have a positive impact on the road system
of the City. (See attached)
Public Facilities
The requested amendment is consistent with the
Public Facilities element. Water and wastewater
generation for the commercial land use is estimated
to be 14,000 gallons per day. The medium density
residential land use is projected to have a 10,931
gallons per day water and wastewater demand, or a
reduction of 22%.
Comprehensive Plan _~mendmen=
Staff Reuor---
Page Three
The recuestad amendment is consistent with the
Kousinq element. TheM DR description will increase
the mix of housing available in Sebastian.
Coastal Management
The requested amendment is consistent wink the
Coastal Management element. The project is not
located on the Indian River Lagoon nor in a high
velocity flood hazard area.
Recreation and Open Space
The re.cuested amendment is consistent with the
Recreation and Open Space element. The RM.-8 zoning
classification requires a mi ~nimum 50% o~ the site
to be maintained as green area/open suace.
Conservation
The requested amendment is consistent with the
Conservation element. The site is not !ocatad in a
wetland, floodplain or sur~icia! aquifer recharge
area. The site is located in areas reserved for
conse~ation or restricted development pursuant to
Map I-9. As stated previously, the RM-8 zoning
classification requires 50% of the sits to be
presented ia green areas/open space. This will
meet the requirements of Table I-!. (See Map i-9
and Map I-~).
Intergovernmental Coordination
The requested amendment is consistent with the
Intergovernmental Coordination element.
10.
Conformance with Ordinances
The requested amendment is consistent with =he City Code
of Ordinances, in particularly the Land Development Code.
The requested amendment will require an amendment to the
zon/ng map, changing the zoning district from CL to RM-8.
Mr. Ski!!man has applied for such a rezoning.
1!.
Changed Conditions
Since the adoption of the Future Land Use Map, C-~12 has
been four-!aned and has been the center for commercial
activities within the City. The ~eed for additional
commercial prope~y in the vicinit-£ of the project has
~o~ occurr_ed.
12.
Land Use Compatibilit~
The recuested amendment is compatible wi~k the
surrounding land uses. It provides for a transition from
Comprehensive Plan Amendment
Staff Repor~
Page Four
13.
15.
17.
19.
20.
21.
low density residential to more intense commercial land
use as envisioned by the Comurehensive P!a~.
Adequate Public Facilities
WiCk the reduction in water and wastawa~er ~he public
facilities are adequate.
Natural Enviro-ment
The requested amendment will tot have an adverse impact
on the natural environment.
Economic Effect
The proposed amendment will not have an adverse ~_mpact on
~he economy. The proposed use is more compatible wi~h
the adjacent LDR land use and will not have a negative
effect.
Order!? Development
The requested amendment will have a positive impact on
the Orderly Development of the City. The ~DR !~nd use
provides for an orderly transition from LDR to CG.
Public Interest
The requested amendment is ia the public i~erest and is
in harmony with the purpose and in~en~ of the
Comprehensive Plan and Land Development Code.
Other
Pone.
Anal!sis
The requested amendment to the Future Land Use Map of the
City of Sebastian's Comprehensive Plan for a change from
CL to MDR provides for an orderly transition from LDR to
CG. The proposed amendment is ~ot located in a wetland,
surficia! aquifer recharge area, or flood hazard area.
The proposed amendment will actual!v reduce traffic,
wa~er or was~ewa=er demand.
Conclusion
The requested amendmen~ is consistent with the City of
Sebastian's ComPrehensive Plan, Code of Ordi~ances, and
Land Deve!opmen= Code.
Recommendation
it is recommended that the application be transmitted to
the City Council together with this staff repo~, and
with a recommendation the reques~ be approved.
INDIAN RIVER COUN'FY, FLORID4
ZONE X
ZONE X
City of Sebaslian
120123
LEGEND
1-~6
CARTER ASSOCIATES, INC.
C(D:'x'~L'LTIXG EXGiXEERS AXD LAXD
26. I996
Mr. Robex Massare[li
(:icy ?tanner
City of S~basrian
[225 Main Street
Seb~sr:an. FL 32958
.M.\Ii\'i~ E. C.\HTI~t{.
D. %.N. \ H Ox~'.\i-ID.
l)l.~,\.'w F. L. Ut-~'THJI-L I~.!-L
IOH.N H, kILL'M,
F!l.\.'qh; 5. CUCCURE,%t:.,
;,... ..... c=~;, S,Ullmar; ?rD jeer
Dex. r ;Mr. M.~sarelli:
keg. er Ski!Iman asked t. har I review ihe \rat:tic study pe~ot_-med by Khnle)'-{-bm ~.,-¢.-.aa:d
in .h.;~*.' .of i992 and pro. jeered si buiid our in t995 for ~e i2.60 acres tying South vf .,;,,;~:.
Street in the City, of S=buz. titm.
,'Ss ,.'ou m.'.:v .~uo~ :he n. rc,-..:::t :-,w',~ :or :he So'ud: 7.00 acres ts :?,.[-8 =~ud ::re :'~,',:~;:
4ct'es are re:ned Commercm[. Us;n~ ~¢ r~p generation table ~mac:ed i'v: -
' ,. ' ~not,,e. ~-affic stud'.:
If:
~-6 Units/7 Acres = 420 Trips
Then:
46 Uniu/7 Acres = 5.6 Acres
37 AdditionaJ. Units
~ 37 ti'nits
420 (Tr/ps) = x (Trips)
x n 8 Additional Trios
Total Trips Residential = 758
Total Tries Daily
Commercial (5.60 Acres)
Less Total Trius Daily if Residential
Total Daily Trips Reduceci by
rD_.8_ T~ps
6t6 Tries
j:danms~iilman doc
5i~ R.-C IDII
Amr{i !6. 1996
Mr. Roben *,[a_ssaretli
RE: Roger 5kiilman Project
Page No. 2
If:
Commercial & Residential
Torat Daily Trips
Tm.ms
All Residential 758 Trips
Torat Daily Trips reduced by 6i6
[t is ar>parent ~ar what ever method maybe used either scientific or simple math there will
z con}ide:-abte reduc:ion in the Daffy T~¢s ~enerare~ [£ ~iI or-the [2.~0 acres is zoned
muttifarmly (t~M-8)
PM Peak Hour Tr/ps would be ceduced from [St raps to 90 trios using the sa'nc
me~,odotogy.
~-hartk your Cor your consideration or' .'.his marker on benatf or' Mr. Skillman. [f you have
any questions please fee~ 2?e~- ro call me ar your convenience.
Ve:'y truly yours,
C,z_p,,TER ASSOCIATES. INC.
Dana Howard, P.S.M.
Enclosures
cc: Roger Skiilman
j: dana~sk, itlman,do¢
Kimiey. Horn and As~oc!.~le[. Inc,
ENGiN£Ei:IS . PLANN~qS - SL~avE'~'ORS
July 16, !9.°2_
8924.02
Mr. ~'vfichaei Dudeck, P.E.
rmdiaa .ZNer Counry
Traffic Engmeer'~g Dem.
t840 ~th Street
Vero Bench, F~. 32960
RE: Pre-appLication Co-t'erence - Mom Street Plaza
Dear Mike:
?lc:se allow tb/.s letter to mrve as our record of the pre-appEcation corffere=ce we ~ad oa Juiv 13th
pertaining to ~e stu~ requirements for <be proposed Mom Street PI~ ~ed-use Subdi~/om ~ we
di~u~c~ the devclooer pmpos~ :o mbdMde ?roper~ ~or up to ~,~0 mu~e reef of E~ted ~er~a[
and 46 muiti-hmfiy ~e~ng ~it~. ~e mbdiv~ioa b I~ated on Main S~reet w~[ of thc Po~: Office ~ the
Ckv o~ Seb~ti~.
Tdo Generation
rTE Trio Generation, 5th Edidon wa~ ~ed for the dote,--mi-at/on of ~ and PM p¢~ hour
cdp geaeratiom B~ed on a r~/ew of ~e C[~s ~mg ~de, geaer~ o~c: (710) w~
~umed ~ t~e ~ ~th iow me aoartments (~I) m ~e ~M8 ~rtion.
' ...... i~"-" ""~::? ....' ........ :m .: ~: ::::'W'f."' ....... :.~:?-:?:~!:;~?(~;~:' : ....... ~ ':~: ~j;"}.,. ;?.f~k--?~ :::-" .........
O~ce ' Total Trips = 954 Resident/al: Total Tr/~s = 420
% New TH~s = gr2% New Project Tr/os = 4.20
New Project Tr/ps = 877
Total Daffy New Trios -- !,297
· ' , " ":':':" ':" '" ':C"
O [F~ca: R es/dent iai:
Total Trios = !28
% New Trips = ~%
Total New Trios = 117
bbouud 17% = 20 Trips
F_.-dt/~zg 8'3% = 97 Tr'/ps
Total Trios = 34
New Trips = 34
Illbound (x~% = ~ Trios
~:-itmg 34% = i2 Trips
Total PM P:'~k Hour New Trios
Entering = 12 Triu~
E.':/da.g = 109 Trips
I
I
I
I
m m [ mm mm m jj limN L mm
Source - Sciin & .~sacc.~ams. Inc. anC C;N o~ Seba.~,-iam
~JTURE LAND USE MAP SERIES
Aquifer ~ec~x~e Am~s
LEGEND
UUlltie'~ Water
'A~hi~3arfng P~lms
Water Wall
~ SOURCZ:
River C4un:y ~ail ~u~/ey QAT~: ~ov~er Z&, [987
City Sebastian
1225 MAIN STRE=--F = S~::4AS99AN, ~LORIDA 32958
TELEPHONE (40~ ~89-5330 = FAX 589-5570
(40'2')
CI?£ OF SEBASTIA/~
1225 M_AI~ STREET
I~NDI~%i~ RIflER COUNTLr
SE3AST!Ai~, FLORIDA
THE PLA~I~!~G AiFD ZONII~G COMMISSION OF THE CIT~ OF SE.~AST!A/~,
I!~DIAi~ R/~R CO~, FLORIDA, WI~ ~O~ A P~LZC ~I~G I~ ~
CI~ CO~CIL ~ERS, !225 ~ ST~ET, SEB~T~, F~ORiDA, AT A
~G~ ~ET~G O~ ~SDA~ ~ 15, !996~ 7:00 P.M., COnCedinG A
~ USE. T~ EXISTING ~ USE iS CL (CO~RCI~ Li~ITED) .
PROPOSED ~ USE ~GE IS TO ~R (~DI~ DENSI~ ~SIDE~).
THE SU~-ECT .~.~RCEL IS 5.6 ACRES I!~ SIZE LYT/~G SOUTH OF MAZY ST_~EET,
!00 ' WEST OF '?]~SB POST OF~IC~v PROPER?£ A/TD EAST OF J & W
SUBDIVISION, WITH ID .~30-30-38-00003-0000-00000.%.
CAi{L A. FISC~ER, CHAIRMA~
PT. aNI~I~G .~D ZONII~G COMMISSION
CI-~!~/- OF SEBASTIA/~, FLORIDA
ALL II~TF. RESTED PARTIES MA! A_PPF, AR AT ~ ~ING ~ BE ~ Wi~
~SPECT TO ~E PROPOSED ~~. ~0~ r~O ~T WISH TO
~ DECISION ~I~ ~ BE M~nE AT ~IS ~Z~G WI~ ~ED TO
~T k ~ATIM ~CO~ OF ~ PROCeEDInGS IS ~E, ~ICH ~CO~
INCL~ES ~E ~STIMO~ ~ EViDE~C~ ~ON ~I~ ~ ~P~ IS BASED.
!~ COM~LIA~CE WITH ~ AMERICANS WITH DISABILITIES ACT (~%DA),
Ai~fONE ~rHO ~DS SPECI~ ACC0~ODATIONS FOR ~IS ~TI~G SHO~
CO,ACT ~ CI~f'S ~A C00~i~ATOR AT (407)-589-5330 AT ~AST 48
HO~S PRIOR TO ~ ~ETI~G.
PUBLISHED:
MAT 9, 1996
P 0 BOX 2287
Delrmy Beach FL. 33447
May 27, 1996
Dear Jan;
Page One
Please eliminate "and that portion of Tract D lying south of
Main Street" as I gave that portion to the City for a road
Also, correct the item on page 2 that says we do not have sewers
as we do have an operating system along the north border of Main
Street in our area.
Thank you.
City of. Sebastian
i 1225 MAIN STRE_--T = SEBASTIAN, FLORIDA 329~8
TELEPHONE (40/'7') 589--=330 a FAX (40~ 589-.5570
MEMORANDUM
DATE
TO:
?ROM
May !7, 1996
Comprehensive Plan Land Usa Change
M~. Roger Ski!!man
Coma~ssion held a oub!ic hearing regard/ag the above referenced
land use change- -The Comm_tssioner's .'~ere given a copy o~ the
Staff's Repor~ regarding the amendment to the Comprehensive Plan.
A/tar a discussion in w~ich all members voiced their approval, the
fo!lowi~g motion was made:
Mr. Munsar~ moved tha~ uhe Planning and 7. chang Commission make a
recommendation to the City Council to amend the Comprehensive Plan
Land Use o~ Mr. Roger Ski!%ma~'s lc~ ~_rum Co~ercial L~m~ted (CL)
to Mediu~ Density Residential (MDR). Mr. Driver seconded the
motion.
Roll call was taken:
Ms. BranL~eyer TES
Mr. Driver _vE_S
Chmn. Fischer -YES
Mr. Schu!ke -YES
~r. Mu~saru ?ES
Mr. Ma~her -v~-s
Mr. ~liska 1~S
Mo~icn carried 7-0.
City of Sebastian
1225 MAIN STREET = SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 a FAX (561) 589-5570
SUBJECT: REQUEST FOR SITE PLAN ) Agenda Number: 7~./~
TIME EXTENSION FOR SANDRIDGE )
ESTATES APARTMENTS ) Dept. Origin: Comm_unitv Development
)
) Date Submitted: 6/14/96
)
) For Agenda Of: 5/2~./96 ..
Approval for Submittal By: )
City Manager ~,~~~Exhibits:
) 1. Letter dated 6/11/96 from Mosby
) & Associates, Inc.
) 2. Site Plan application
) 3. Site Map
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of July 6, 1995, the Planning and Zoning
Commission approved a site plan for the development of Sandridge Estates
Apartments, a project submitted by E & E Development, Inc. The phased
project consists of four apartment buildings, 28 total units. Site
location is Tract L, Unit 17, zoned COR (Commercial, office,
Residential).
Section 20A-10.5 of the Land Development Code states that site plan
approval shall terminate twelve months after issuance, if construction
has not been started. Extensions may be made by City Council at its
discretion.
On June 3, 1996, staff sent a notice to E & E Development, Inc.
regarding the pending termination of their site plan and advised them of
their option to request an extension. A request for an extension has
been received from the project's engineer and the appropriate fees have
been paid. Mr. John King of E & E Development verbally indicated to
staff the request was for a one-year extension.
RECOMMENDED ACTION
Move to approve a one-year extension of the site plan for Sandridge
Estates Apartments to expire July 6, 1997.
MOSBY AND ASSOCIATES, INC,
CQNSULTING ENGINEERS
June ll, 1996
Ms. Dom Bosworrh
City or' Sabastian
1225 Main Street
Sebastian, FL 32958
Subject:
Sandridge Estates Apartments
Sebasuam Florida
Engineer's Project No. 95-202
~O.~OX 5368
VE.::RO BEACH. ~'LQlailE~A 3296
4.O7-569-OO.35
].: .,. ,.~,,.}_, .... ='AX &O?-7'Ta*36 I '7
-- ,~.~.,.;, ,' {. ·
.~etiver~
Dear Ms. Bosworth:
On behalf of the subject owner and in accordance with your letter dared June 3, t996, we are
requesting an ex'tension of the approved subject ske plan. We understand that the current site
plan approval expires on July 6, 1996. It is requested that you place our request on the ne,,cr
available Cky Council meeting. The owner of the project will submit the required $175,00
extension tee directly to your office.
Should you any questio,..ns regarding the above subject, please call.
cc: Mr. John King
" 1225 HAIN STREET ~ ' .3 /~-~
· ~ : ' ' SEBASTIAN, FLORIDA ~ , ' ,":"'//
" ..... TEL~PIION~, ~89-5~30 ~ ~ /:/
~o i~orein, to ~i~ City Clerk's"Of~tc~. Thi~ opp~icn~ioo ~ill ~im~rred ~o ~he City
Engineer ond/or o~her designatmd offic~sls. In accordance wl~h Ordinsnc~ 0-B~-~4, ~nd
Developmen~ Code. )'Sits ])lm% Revl~, Article
~PPLICATION NO. DATE
OWNER JOHN A. KING, REALTY KING, I~C
ADDRESS ]676 North US ~1
Sebastian, .F.L 32958 PIIONE (407),.388-5501
PROJECT ARCHITECT P~ter Jo_pe~
ADDRESS 2902 Cardinal D. rive, Veto Beach gtioNE FL 32963
ENGINEER OF RECORD Mosby & AssocS,.at~s, Inc. '
ADDRF. SS 2455 - 14th Ave, Vsro'Beach, FL 3~E (407) 56g~0035
ZONING CLASSIFICATION COg LAND USE DESIGNATION
LEGAL DESCRIPTION OF ?RO3ECr See Survey ..
STREET ADORESS OF PROJECt" SW Corner of S.. Easy $.t. & Schumann Drive
PROPOSED USE~ Resid. ential
OEVELOPHENT SITE SIZE 104,696. ft2 ACRES 2.40 Aores
SQUARE FOOTAGE OF NE]4 IMPERVIOUS SURFACE 49.085 ft2 ' '
SIGnaTURE OF
TH~. ?OLLOWING A?TACl}{ENTS SHALL ACCOmPAnY 23{E. APFLICATIOH'{ "'-
1. A copy of the owner's recorded deed. "'
2. If ~pl)licsnc is oche~ than the ovner, e sworn ~caC~menc of"auchorizactoa.
3. A verified statement of each and every individual person liaving legal and/or equit-
able ownership interest in the property, -excep~ publicly--held Corporations, must
summit cha acme and address of the Carporacion and Principal ixecucive Offtcer~.
Z~. Twelve (12) capie~ of ill plans. '"
in cash or checlc..drawn to ghe order of
SITE PLANS:
Less chart 5.000 square feet of impervious surface o£ residential
projects of s single building having no more than 4 units.
Less thus five (5) acres,
Five (5) acres, but, lees'than ten (10) acres.
're,, (10) acres ~o- fifty (50) acres,
Over fifty (50) acre~.
$125.00
$U50,00
$500.00
$750,00
$15.00/acre
,ILL APPLIC^NTS ARE ENCOURACED TO SCIIEDULE A PRE-APPLICATION CONFERENCE WITH TIlE
OF PLANS.
[ ~ANNIII(] AND ZONING CO~II.qSION OR IN-HOUSE STAFF PRIOR TO TIIE SUDNIITAL
I,RI.'.-AP['LICATION CONFERENCE FEE: $100. 00 ' AND REQUIRED APPLICATION FORH PER CITY
RF. SOtUTI 0Il 11-85-62
LA
I1~ LA
II
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 5, 1996 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF TttE CITY
CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council i~ they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-95-33)
Mayor Cartwr/ght called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by l~everend Harold Lee, First Baptist Church.
City_ Council Present:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
City Manager, Thomas Frame
City Attorney, Valerie Settles (8:15 p.m.)
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Finance Director, Joel Hamford
City Planner, Robert Massarelli
Regular City Council Meeting
June 5, 1996
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
Mayor Cartwright requested that the quasi-judicial hearing be postponed for
the arrival of the City Attorney.
MOTION by BarnesFFaracka
I'll move that we postpone the Ordinance No. 0-96-11 and
Resolution No. R-96-45 until such time as the City Attorney arrives.
The City Manager recommended that Resolution No. R-96-45 be pulled
from the agenda. It was decided not to remove it at this time.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
Mayor Cartwright noted a request for addition to the agenda regarding
COPS grant funds (see June 4, 1996 memo attached).
MOTION by Cartwright/I-Ialloran
I'll move that we add it to New Business item 12 B as in boy.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwhght - aye
Mr. Barnes - aye
MO~ONCARRIED5-0
2
Regular City Council Meeting
June 5, 1996
Page Three
96.108
96.109
PROCLAMATIONS AND/O]g ,,ANNO UNCEMENTS
Ao
Presentation of Plaque - Nicolas Messina - Construction Board -
10/94 Through 4/96
Vice Mayor Barnes read the plaque, however, Mr. Messina was not present
to accept it.
CONSENTAGEN-DA
All 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.
A. Approval of Minutes - 5/22/96 Regular Meeting
RESOLUTION NO. R-96-41 - Fee for Dishonored Check - Repeals
R-87-30 (Finance Director Transmittal 5/21/96, R-96-41)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO.
R-87-30 WHICH ESTABLISHED THE SERVICE FEE FOR A
DISHONORED CHECK, DRAFT, OR ORDER FOR THE
PAYMENT OF MONEY; PROViDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Regular City Council Meeting
June 5, 1996
Page Four
96.110/ C.
95.014
96.111 D.
RESOLUTION NO R-96-42 - Authorizing Mayor to Execute
- Amendment to Contract w/DCA Re: CDBG (City Manager
Transmittal 5/28/96, DCA Letter 5/20/96, R-96-42)
A RESOLUTION OF THE CITY OF SEBASTLAN, INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF
THE CITY, AN AMENDMENT TO THE COMMIJNITY
DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (THE
"DCA") AND THE CITY OF SEBASTIAN; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PKOVIDING FOR SEVEKABILITY;
AND PKOVIDING FOK AN EFFECTIVE DATE.
RESOLUTION NO~ R-96..44 - Grant Easement to IRC - Authorize
Mayor to Execute - CR 512/Louisiana Intersection Drainage (City
Manager Transmittal 5/30/96, R-9644, Grant of Easement
w/Attached Legal)
A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLOR.DA, PERTAINING TO UTILITY
EASEMENTS; GRANTING AN EASEMENT TO INDIAN RIVER
COUNTY TO FACILITATE DRAINAGE IMPROVEMENTS FOR
THE INTERSECTION OF CR 512 AND LOUISIANA AVENUE;
AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST, ON BEHALF OF THE CITY, THE GRANT
OF EASEMENT; PROVIDING THAT THE GRANTEE SHALL
RECORD THE EASEMENT AND FURNISH A COPY OF THE
RECORDED INSTRUIvIENT TO THE CITY CLERK;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Regular City Council Meeting
June 5, 1996
Page Five
96.112/ E.
95.098
96.013 F.
RESOLUTION NO. R-96-46 - Authorizing Mayor to Execute Cost
Share Agreement with St. Johns River Water Management
District - Drainage Management Plan (City Manager Transmittal
5/28/96, Cost Share Agreement, R-96-46)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF
THE CITY, A COST SHARE AGREEMENT BETWEEN ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE
CITY OF SEBASTIAN FOR DEVELOPMENT AND
IMPLE~MENTATION OF A MUNICIPAL SURFACE WATER
DRAINAGE MANAGEMENT PLAN, SOUTH PRONG, ST.
SEBASTLkN RIVER; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
[~ESOLUTION NO. R-96-47 - Authorizing Mayor to Execute
Amended Contract with City Attorney Valerie Settles (City Manager
Transmittal 5/28/96, IRS Guidelines, R-96-47, Revised Agreement
Forthcoming)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO.
R-96-32; AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST, ON BEHALF OF TI-DE CITY, THE
AMENDED LETTER OF AGtLEEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF SEBASTI/uN AND VALERIE F.
SETTLES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Regular City Council Meeting
June 5, 1996
Page Six
96.113 G.
96.114/ II.
95.018
96.080 I.
96.115 J.
Appropriate Additional $2,939 in Capital Outlay Budget, Non-
Departmental for Purchase of Four Trucks for Public Works - Waive
Sealed Bidding Procedure for Purchase from - Piggyback Dade
County and State Contracts - $77,939.00 - Don Reid Ford and
Atlantic Truck Sales (Public Works Transmittal 5/23/96, Summary
Sheet)
Authorize City Manager to Make Appropriate Corrections to Three
Driveways on Easy Street - Replace Asphalt with Concrete (City
Manager Memo 5/30/96, Public Works Director Memo 5/27/96)
Authorize Closing of Indian River Drive from Riverview Park to
Davis Street at 6:30 a.m. for the 4th of July Chamber of Commerce
5-K Run/Walk (City Manager Transmittal 5/28/96, Chamber of
Commerce Letter 5/22/96)
Olympic Torch Committee - Request to Use Riverview Park - July 6,
1996 - 3 pm to 9 pm - Waiver of Electrical and Other Fees - Request
to Close Harrison Street and Fellsmere Road from U.S. 1 to Indian
River Drive from Midnight 6/5/96 to 9 pm 6/6/96 (City Manager
Transmittal 5/28/96, Herzog Letter 5/21/96, Swift Letter 5/28/96)
The City Manager read the consent agenda; the City Clerk read Resolution
Nos. R-964 1, R-96-42, R-96-44, R-96-46 and R-96-47.
Mr. Halloran removed item H; and Mayor Cammight removed items B,
item E on behalf of John Hill, item G, and items I and J on behalf of
Virginia King.
MOTION by HalloraWCartwright
I move to approve items C, D and F on the consent agenda, item A.
6
Regular City Council Meeting
June 5, 1996
Page Seven
ROLL CALL:
Mr. Halloran
Mr. Taracka
Mrs. Canwright
Mr. Barnes
Mrs. Damp
- aye
- aye
- aye
- aye
MOTION C)~,RIED 5-0
Item B - Resolution No,.R-96-4~
Mayor Cartwright required whether this was in addition to other
insufficient check fees charged by the bank and the City Manager explained
that it was.
MOTION by Cartwfight/Halloran
I move to adopt Resolution 9641 which amends Resolution R-87-30
to the Section 166.251 Florida Statutes maximum service fee amount of $20
for dishonored checks.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwfight - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
Item E - Cost Share A_m'eement
John Hill, Craven Thompson & Associates, Inc., gave a presentation
relative to Phase I and the overall proposed stormwater project. He
requested authorization to utilize Council Chambers to conduct public
meetings to obtain public input.
7
Re=malar City Council Meeting
June 5, 1996
Page Eight
TAPE I - SIDE II (7:50 p.m.)
Mr. Hill responded to questions from City Council, noted that there were
newsletters available and stated that public comment is welcome.
The City Manager discussed methods for local funding for certain elements
of the project, and the possibility of contracting out some of the work.
MOTION by BarnesFFaracka
I'll make a motion to approve Resolution No. R-96-46 authorizing
the Mayor to execute the cost share agreement between the St. Johns River
Water Management District and the City of Sebastian which includes the
recommended changes by Clifton McClellan&
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CAKKIED 5-0
l,tem F - Resolution No. R-9647 - Settles A~eement
Mayor Cartwhght expressed concern for a services contract with
diminished commitment on both sides and undefined services and said she
reads the IRS roles as guidelines only.
The City Manager said the IRS guidelines had been brought to his attention
by the Finance Director based on previous auditor comments regarding the
Golf Course Manager conn'act, further explaining that if specific hours
were left in the contract the IRS could look at Ms. Settles as an "employee"
of the City and the liability to the City could be an additional cost of $3500
annually. He said if Council wished, the original agreement could be
considered.
Regular City Council Meeting
June 5, 1996
Page Nine
Mayor Cartwright reiterated she was uncertain whether the City was in non-
compliance with IRS roles and suggested that the auditors be consulted.
The City Manager said it was important to have an executed agreement
with Ms. Settles for remuneration for her legal services.
MOTION by Cartwright/Bames
I move that we execute the amended agreement dated May the 8th,
1996 and direct staff to check with the auditors regarding compliance with
the IRS guidelines.
Mayor Cartwright clarified that she was refemng to the agreement
approved at the May 8, 1996 meeting which was amended at that meeting.
She then called for a second to execute that original agreement as opposed
to the one presented tonight.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - nay
M_r. Halloran - aye
Mr. Taracka - aye
Mrs. Cam~ght - aye
MOTION CARRIED 4-i (Damp - nay)
MOTION by CartwhghffBarnes
I move we deny Resolution R-9647 at this time.
The City Manager said, as he understands it, the May 8, 1996 agreement
will stand, he will confer with the auditors and if it is determined there is a
problem, he will bring it back.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
/vk. Barnes - aye
MOTION C)GLRIED 5-0
Regular City Council Meeting
June 5, 1996
Page Ten
item G - Public Works Track Purchases
Mayor Cartwfight said she pulled the item to amend revise the
recommendation.
MOTION by Cartwright/Halloran
I move to approve an additional 52939 for the purchase of four
trucks from the Department of Public Works, I move to approve a bid
waiver to allow the purchase of three vehicles from a state contract from the
Don Reid Ford in the amount of $59,223 and purchase the F-350 crew cab
from Atlantic Ford Track Sales through a piggyback contract with Dade
County in the amount of $18,710.00.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwhght - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Item H - Ea~ Street Driveways
In response to Mr. Halloran, the City Manager said the Public Works
Director and City Attorney were reviewing the bikepath contract relative to
responsibility.
MOTION by BameslCartwfight
I make a motion to approve item H of the consent agenda.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Nh-. Halloran - aye .
MOTION CARRIED 5-0
10
Regular City Council Meeting
June 5, 1996
Page Eleven
Item I - 5K Run/Walk and Item J - Olympic Torch Ceremony
Vice Mayor Barnes said he had received a request for additional
handicapped reserved parking for the Fourth of July. Ms. King advised him
to contact the Lion's Club, however, the City Manager said City staff will
address fight-of-way matters.
MOTION by Cartwfight/Halloran
I move to approve items I and J of the consent agenda.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
Mayor Cartwright called recess from 8:25 p.m. to 8:38 p.m. All members
were present.
Mayor Cartwfight announced that there had been a procedural error on the
consent agenda due to the fact that she had not removed item F for
discussion, it had been approved in the consent agenda motion, but that it
had then been discussed and denied. She requested that the motion to
approve items C, D, F and A should be withdrawn and restated.
Mr. Halloran removed his motion and Mayor Cartwright withdrew her
second.
11
Regular City Council Meeting
June 5, 1996
Page Twelve
MOTION by Halloran/Cartwright
I'll restate the motion to approve items C, D and A of the consent
agenda item 8.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Canwright - aye
MOTION CARRIED 5-0
Item F - R-96-47
MOTION by Caxtwfight/Taracka
I move to deny item F, Resolution 96-47.
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
- aye
- aye
- aye
- aye
MOTION CARRIED 4-1 (Damp - nay)
12
Regular City Council Meeting
June 5, 1996
Page Thirteen
10.
COMMITTEE REPORTS/RECOMMENDATIONS
A. Handicapped Self-Evaluation Committee
96.116 1.
Interview if Deemed Necessary. - Board Recommends
Reappointment of Edra Young Geo~e Schum and John
Kanfoush to Three Year Terms to Expire June 1999 - No
Inteviews Required - No Other Applications Received
(Human Resources Transmittal 5/29/96.3 Annlicafionsb
No interviews were conducted since the applicants were not present.
MOTION by Barnes/Damp
I make a motion to reappoint them, Edra Young, George
Schum, and John Kanfoush to three year terms to expire June 1999.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
~ks. Damp - aye
MOTION CARRIED 5-0
13
Regular City Council Meeting
June 5, 1996
Page Fourteen
B. Riverfront Committee
96.009 1.
RESOLUTION NO. R-96-43 - Establish Theme for
Riverfront - "Old Florida Fishing Village" (Commumty
Development Transmittal 5/30/96, R-96-43)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA TO ADOPT THE TIlE,ME OF AN
"OLD FLORIDA FISHING VILLAGE" FOR THE RIVERFRONT
AREA OF THE CITY, DIRECTING THE STAFF TO DEVELOP
ORDINANCES, POLICIES AND/OR PROCEDURES TO
IMPLEMENT SAD THEME, PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-43 by title only.
Mayor Cartwright noted that a third revised resolution had been
disu-ibuted this evening (see attached).
Sal Neglia, 461 Georgia Boulevard, Sebastian, objected to use of
grant funds for a parking lot.
TAPE II - SIDE I (8:50 p.m.)
Mr. Neglia requested a list of Riverfront Committee members and
inquired why the june 10 workshop was being held during the day.
Ruth Sullivan, 1215 Indian River Drive, Sebastian, expressed
concern for the direction the Riverfront plan is taking.
The City Planner stated that the revised resolution eliminates
specific standards for development but adopts a set of principles and
a theme.
14
Regular City Council Meeting
June 5, 1996
Page Fifteen
Vice Mayor Barnes asked how the Committee intended to bring
items to the Council, as one final plan or piecemeal.
Tom Collins, Vero Beach, Chairman of the Riverfront Committee,
addressed City Council, stating that the committee has not had any
involvement in the parking lot or the bikepaths proposed for the
Riverfront. He said the committee had only proposed a theme
thus far and was seeking City Council concurrence with the theme at
this time. Fie said due to past submittal of a plan which was not
enacted by the City it aright be better to introduce items in a
piecemeal fashion.
The City Manager explained the many issues involving the
Riverfront such as the Community Development Block Grant
currently being administered by CRA, the re-establishment of the
Riverfront Study Committee and the MPC bikepath grant. He said
he had invited Robert Jolmson, Clark Rournelis, to address the
Riverfront Committee on the CDBG at its last meeting.
The City Attorney suggested that Council set aside a time to meet as
the Community Development Agency and possibly utilize the
R/verfront Committee as an advisory committee to the CRA.
The City Manager said there is currently no final parking plan for the
Cavcorp property and ultimately, City Council could decide to
forfeit the grant. He said he intends to meet with FDOT to attempt
to revise the MPC bikepath project.
Mayor Cartwright described the changes in the third revision and
recommended references in the whereas clauses to the committee
state "1996
Ruth Sullivan, member of Citizens Advisory Task Force, said that
committee does not intend to lose the bikepaths and do a~ee with
the CDBG funding for trailer parking at Cavcorp.
15
Regular City Council Meeting
June 5, 1996
Page Sixteen
The City Manager said he would like to sit down and talk to Mrs.
Sullivan about bikepath concerns.
MOTION by Halloran/Cartwright
I'll move to approve Resolution No. R-96-43 as amended as
received by Council this evening including the principles statement.
In response to Vice Mayor Barnes' question about the boundaries of
the dismict, the City Manager said although boundaries are
established and fixed f~om the Community Redevelopment area, the
City Council has the authority to limit zoning regulations within the
district.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
7. QUASI-JUDICiAL HEARING
96.019
ORDINANCE NO. O-96-H - Comprehensive Land Use Plan
Amendment in Accordance with Stipulated Settlement Agreement
(Community Development Transmittal 5/23/96, 0-96-11)
AN ORDINANCE OF TIlE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO CHANGES IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE
COMPREHENSIVE LAND USE PL,~d'q MAP FROM INDIAN RIVER
COUNTY RURAL DISTRICT TO CITY LD (LOW DENSITY)
DISTRICT FOR LAND LOCATED IN THE SOUTH'WEST SECTION OF
THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS,
LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET
AND NORTH OF THE SEBASTIAN RIVER FLOODWAY; AMENDING
16
Regular City Council Meeting
June 5, 1996
Page Seventeen
OBJECTIVE 4-1.3.1 OF THE SEBASTIAN COMPREHENSIVE PLAN
GOALS OBJECTIVES AND POLICiES TO PROVIDE THAT THE
UNDEVELOPED 18.4 ACRES OF LAND LOCATED SOUTH OF
BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13, AND WEST OF
LACONIA STREET SHALL HAVE A DENSITY NOT TO EXCEED
ONE UNIT PER ACRE IF THE DEVELOPMENT UTILIZES SEPTIC
TANK AND WELL SYSTEMS AND THAT IF PUBLIC WATER AND
SEWER IS CONSTRUCTED THE DENSITY SHALL NOT EXCEED
FIVE UNITS PER ACRE, IN COMPLIANCE WITH THE STIPULATED
SETTLEMENT AGREEMENT ENTERED INTO BETWEEN THE CITY
OF SEBASTIAN AND THE DEPARTMENT OF COMMUNITY
AFFAIRS DATED APRIL 9, 1996; PROVIDING FOR COPIES OF THE
COMPREHENSIVE PL)uN REMEDIAL AMENDMENT TO BE
TRANSMITTED TO ALL PARTIES AS REQUIRED BY THE
STIPULATED SETTLEMENT AGREEMENT AND RULE 9J-11.01 i,
FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (lst Reading 5/22/96, Advertised 5/29/96,
PH and Adoption 6/5/96)
Mayor Cartwright opened the quasi-judicial hearing at 9:37 p.m.
TAPE II - SIDE II (9:38 p.m.)
The City Attorney read Ordinance No. 0-96-11 by title only; and the City
Clerk swore in all those who intended to offer testimony.
There was no ex-parte communication disclosed.
The City Planner gave a history of the finding of non-compliance by DCA
due to the City's adoption of Ordinance No. 0-92-07; explained the
purpose of this hearing and Ordinance adoption; briefly described each
amendment to the Comprehensive plan and recommended approval.
17
Regular City Council Meeting
June 5, 1996
Page Eighteen
Mayor Cartwright closed the quasi-judicial hearing at 9:46 p.m.
MOTION by Damp/Barnes
I move that we adopt Ordinance No. 0-96-11 which is the
improvement to settlement agreement of the DCA.
ROLL CALL:
Mrs. Cartwfight - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
MO~ONCARRIEDS-0
96.039
RESOLUTION NO. R-9645 - Harbor Point Subdivision Final Plat
(Community Development Transmittal 5/30/96, R~9645,
Application, Rushnell Comments Forthcoming, Settles Comments
Forthcoming, Plat Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
FINAL SUBDMSION PLAT; ACCEPTING THE FINAL PLAT OF
HARBOR POINT SUBDIVISION, A tLEPLAT OF ALL OF TRACT A,
LOTS i THOUGH 16 OF BLOCK 510, LOTS 1 THROUGH 26 OF
BLOCK 511 AND LOTS 1 THROUGH 21 OF BLOCK 512 AND ALL
RIGHTS-OF-WAY BETWEEN SAiD LOTS AND BLOCKS AS SHOWN
ON PLAT OF SEBASTIAN HIGHLANDS UNIT 16, CONSISTING OF
18.72 ACRES, MORE OR LESS, LYING IN SECTION 13, TOWNSHIP
31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE
PLAT AND THE CITY CLERK TO ATTEST; DIRECTING THE CITY
CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUiT
COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR
RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
18
Regular City Council Meeting
June 5, 1996
Page Nineteen
Mayor Cartwright reminded Council that the City Manager had requested
that this item be removed from the agenda and, once the heating was
opened she would like a motion to continue the item to July 10, 1996. She
then opened the quasi-judicial hearing at 9:47 p.m.
MOTION by Halloran/Cam~ght
I move to continue item 96.039 to Council meeting July 10, 1996.
The City Attorney said it was appropr/ate for the applicant to argue the
motion for continuance.
The City Clerk swore in all those who intended to offer testimony.
Randy Mosby, Mosby and Associates, representing the applicant, objected
to the continuance.
The City Planner summarized the deficiencies in the plat as presented that
could not be resolved pr/or to the meeting relative to dedications, signature
blocks, survey descriptions, and easements.
Mr. Mosby reiterated his objection to continuance, stating the deficiencies
were minor and could be resolved tomorrow.
Mayor Cartwright inquired whether the issues were minor and whether they
can be resolved by the next regular meeting.
The City Planner said most of the issues are minor, however, two issues
particularly stand in the way of approval tonight; 1) the Land Development
Code requires receipt of recommendations from the City Engineer and City
Attorney within 30 days; and 2) he was informed yesterday that the
applicant wants to dedicate the stormwater retention area to the City, a
matter he has not had sufficient time to review, but has found that easement
access to the area is deficient.
19
Regular City Council Meeting
June 5, 1996
Page Twenty
The City Manager recommended giving the applicant an oppommity to
resolve the outstanding issues by June 26, 1996.
Mr. Halloran and Mayor Caxtwdght amended the motion to continue the
hearing to June 26, 1996.
Mr. Mosby said he would be taking back kis $28,000 bond.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
Mayor Cartwright closed the hearing at 10:00 p.m.
PRESENTATIONS
None.
11. OLD BUSINESS
None.
2O
Regular City Council Meeting
June 5, 1996
Page Twenty-One
12.
96.117
NEW BUSINESS
QIUDINANCE NO. O-96-12 - Skillman Comprehensive Land Use
Amendment - CL (Commercial Limited) to MDR (Medium Density
Residential) - 5.6 Acres 100 Feet West of Post Office (Commumty
Development Transmittal 5/30/96, 0-96-12)
Reading, Set Quasi-Judicial Public Hearing 6/26/96
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORDA, APPROVING A SMALL SCALE AMENDMENT
TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE
LAND USE MAP FROM CL (COMMERCIAL LIMITED) TO M]DR
(MEDIUM DENSITY RESIDENTIAL) FOR LAND CONSISTING OF 5.6
ACRES, MORE OR LESS, LOCATED SOUTH OF lVLAIN STREET,
EAST OF J & W SUBDIVISION AND 100 FEET WEST OF THE U.S.
POST OFFICE PROPERTY; FINDING TI{AT THE COMPREHENSIVE
PLAN AMENDIVlENT QUALIFIES AS A SMALL SCALE
AMENDMENT UNDER FLORIDA STATUTES SECTION 163.3187 (1)
(C); PROVIDING FOR COPIES OF THE SMALL SCALE
AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS
REQUIRED BY FLORIDA STATUTES SECTION 163.3184 (7);
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR Az'x/EFFECTIVE DATE.
The City Attorney read Ordinance No. O-96~12 by title only.
21
Regular City Council Meeting
June 5, 1996
Page Twenty-Two
MOTION by Cartwright/Damp
I move to accept the first reading of OrdNance 96-12 and schedule
the quasi-judicial heating and second reading for June 26, 1996.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Camvright - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
B. COPS Grant
The City Manager reiterated his request to complete the budget worksheet
and to commit the City to funding two new police officer in accordance
with the COPS Universal Hiring Grant Award.
MOTION bY Damp/Cartwright
I move that we accept the COPS program hiring for the two officers.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION C)fltR/ED 5-0
Regular City Council Meeting
June 5, 1996
Page Twenty-Three
13.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
I, ghich is not otherwise on the agenda - limit often minutes for each speaker
Marilyn Torbor, DelMonte Road, Sebastian, representing her neighbors,
spoke on the FPL utility road which is being used by eighteen wheelers to
travel to groves and also that they are leaving equipment on DelMonte
while spraying the groves. She questioned whether the road can be closed
off.
The City Manager said he visited the site today, would review the matter
and said he would contact Indian River County regarding the parking of
vehicles on DetMonte.
Harry Thomas, 654 Balboa Street, Sebastian, discussed the use of dirt bikes
on the access road; and said he, as member of the MPO citizen committee
can report to Council on MPO issues.
At 10:25 p.m. discussion took place on meeting extensions and motion was
made.
MOTION by Damp/Taracka
I make a motion we extend for 15 minutes.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - nay
MOTION was discontinued - unanimous vote required for extension.
TAPE tli - SIDE I (10:27 p.m.)
Herbert Storm, 549 Saunders Street, Sebastian, said the City Manager had
been notified that the Governor's office would not assist in an investigation
of the Police Department; discussed his complaint against the City Clerk;
and said exit signs in the Chambers are not working.
23
Regular City Council Meeting
June 5, 1996
Page Twenty-Four
Mayor Cartwfi~t adjourned the Regular Meeting at 10:30 p.m.
matters were not addressed.
14.
15.
16.
CITY COUNCIL MATTERS
A. Mr. R/chard Taracka
B. Mayor Louise Cartwri~t
C. Vice Mayor Walter Barnes
D. Mrs. Norma Damp
E. Mr. Ra.wnond I-Ialloran
CITY ATTORNEY MATTERS
CiTY MANAGER MATTERS
The following
Approved at the
1996, Regular City Council Meeting.
Louise R. Cartwhght
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
24
City of Sebastian
1225 MAiN STRE.~f' = SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
WORKSHOP
WEDNESDAY, JUNE 10, 1996- 1:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Cartwright called the workshop to order at 1:00 p.m.
ROLL CALL
City Council Present:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
Staft Present:
City Manager, Thomas Frame
City Attorney, Vaierie Settles
City Clerk, Kathryn O'Halloran
Finance Director, Joel Haniford
Public Works Director, Richard Votapka
Building Official, George Bonacci
City Planner, Robert Massarelli
Acting Chief of Police, Dave Puscher
Human Resources Director, Wendy
Widmann
Purchasing Agent, Paul Wagner
Deputy City Clerk, Sally Maio
Consulting Engineer, John Hill
Dr. David Sullivan, Provost, IRCC
City Council Workshop
June 10, 1996
Page Two
96.119 Item 1.
96.120
Strategic Planning - Dr. David Sullivan. Indian River
Community_ College
The City Manager recommended Council consider strategic planning to
develop goals and objectives for the City of Sebastian.
It was the consensus of Council, rather than following the order of the
agenda, that each Council member would address one of his or her items in
rotation. Discussion took place on public input for this workshop. Mayor
Cartwright noted that the current procedures resolution calls for no public
input at workshops and perhaps that procedure can be changed.
Dr. Sullivan gave a brief presentation on strategic planning. He distributed
a City of Sebastian Strategic Planning Proposal (see attached).
This item was placed on the June 26, 1966 agenda for formal approval.
Further discussion took place on workshops and when public input was
merited. The City Attorney suggested that the public workshop forum be
used more frequently and that input be limited at regular meetings.
Item 15.
Fund and Up_m'ade Sound System and Chairs for Council
Chambers - Mrs. Damp
Mrs. Damp recommended upgrading the sound system and purchasing new
chairs similar to those used by the County Commission for City Council
members. City Council concurred in directing the City Manager to look
into this.
The City Clerk advised Council that the Purchasing Agent is obtaining
proposals for the sound system.
2
City Council Workshop
June 10, 1996
Page Three
96.121
Item 13,
a.
b.
¢,
d.
e,
f.
g.
Personnel Information - Vice Mayor Barnes
O~anizational Charts
Approved Personnel. etc.
City En_mneer (in-house or contracted services)
Performance Appraisals - Forms
Counseling. Goals for improvements
Written Policies - Sexual Harassmelat
Employee Training & Policies
Mr. Barnes began by discussing the merits of in-house versus contract
engineers. He then discussed the importance of the above referenced
personnel matters.
The City Manager concurred with the necessity for positive training, said
perhaps these items can be put in a format that could be available to the
public, that an organizational chart could be put together, said all matters
will be reviewed for any deficiencies.
The Personnel D/rector said that the previously deferred Employee Plan
would be complete in approximately two weeks.
The City Manager said that he will bring back cost comparisons relative to
engineers by the end of the summer.
96.122
Item 7b.
Recreation - Input from Middle and High School.Student Re:
Possible Activities - Mr. Taracka
Mr. Taracka expressed concern for the fact that Sebastian is statistically
number one in juvenile chine in Indian River County. He requested
Council approval to set up a workshop in the fall with area youth from ages
12 to 18 to ~ve them an oppormmty to tell Council what they would like to
see in the City. Mayor Cartwright said a group called the Youth
Enrichment Foundation has formed to come up with activities for that age
group.
TAPE I - SIDE II (1:47 P.M.)
There was no objection to Mr. Taracka's idea.
City Council Workshop
June 10, 1996
Page Four
96.1~o/ Item 10.
95.165
Disposition of Former UtiliW Building. Main. and U.S. l - Mr.
Halloran
Discussion took place on possible uses for the city building at Mare Street
and U.S. 1. The City Manager said he preferred to have city staff clustered
in one area rather than spread out and discussed needed repairs to the
building.
It was the consensus of Council that a combination of users be considered
to use the building, i.e., Sebastian River Area Historical Society working
with the Chamber of Commerce and Commumty Affairs Council.
96,035
Item 7a.
Recreation - Recreation Committee - Mayor Cartwfight
Following some discussion on recreation in the City and assistance by Vero
Beach/Indian River County Recreation, it was the consensus of City
Council to concur with the recommendation of the City Manager to set up a
non-Council meeting with VB/TRC Recreation and all volunteer recreation
groups and then bring a proposal to a Council workshop at a later date.
Mayor Cartwright announced that VB/IRC Recreation is now providing
transportation from the North County to Leisure Square and White City.
Mr. Halloran requested information on the County recreation budget and
where the funds are spent.
96.124/
95.007
Item 5.
Undate Land Development Code - Mrs. Damp
d. Noise - Mayor Cartwright/Mrs. Damp
Mrs. Damp said she would like the noise ordinance revisited.
4
City Council Workshop
June 10, 1996
Page Five
96.125
96.126/
95.091
b. ~ - Mayor Cartwright/Mrs. Damp
Mrs. Damp and Mr. Taracka said they would like to see burning eliminated
in the City. The City Attorney said the state has delegated environmental
regulation authority to the County, however, Council could amend the code
to be make it more restrictive but to prohibit it would require amendment to
zoning. The City Manager recommended strengthening the variance
standards. The City Attorney said the variance provision could be
eliminated. Mayor Cartwright suggested that "special hardship" and "large
land area" be defined.
It was the consensus of Council to direct the City Attorney to draft three
language amendment alternatives for review and selection. The City
Manager said the selection would be sent to Planning and Zoning for
review and recommendation if necessary prior to CounciI action.
Building Code Standard & Procedures - Mrs. Damp
Mrs. Damp inquired as to the status of adoption of the 1994 standard
building code requested by Council some time ago by direction to the
former City Attorney. The City Manager explained that he had received the
proposed ordinance, however, adoption of the 1996 National Electrical
Code was now being added to the ordinance, and the ordinance would be
brought to Council soon.
Mrs. Damp went on to say that other areas of the Land Development Code
need revision. The City Manager said the City Planner had budgeted funds
for fiscal 96/97 for review and update.
The remaining items under this heading were, therefore, not addressed since
they will be addressed in the review of the LDC.
~ - Mayor Cartwr/ght
Si_mas - Mayor Cartwr/ght
Boat Trailer Parking (On Riverfi-ont) - Mayor Cartwr/ght
City Council Workshop
June 10, 1996
Page Six
96.127 Item 4.
Airport Management/Manager - Vice Mayor Barnes/Mr.
Halloran
Vice Mayor Barnes recommended reinstituting the position of Airport
Manager or redefining the position, stating that he's been made aware that
safety rules are being violated at the airport because there is no supervision.
The City Manager, in response to Mr. Halloran, said he had visited with
airport tenants today.
TAPE II - SIDE I (2:35 p.m.)
He said most tenants said they would prefer someone at the airport to
enforce rules. He explained that Public Works people currently do check
and maintain the airport daily, suggested he conduct regular tenant meetings
no less than quarterly, and recommended that airport rules be upgraded.
It was the consensus of City Council that the City Manager prepare an
airport needs assessment for the budget workshop.
The City Manager reported that he was meeting with Golden Horn because
its lease is scheduled to expire at the end of this year, said Airport Drive
West consmaction is under way, said staff should be going out to bid on
runway 4-22 any day, and that he could not devote two hours a day to the
airport.
Mrs. Damp requested a copy of airport rules and inquired when the
defeated ballot question relative to the 50 year airport leases could go back
on the ballot.
It was the consensus of Council that the City Clerk find out the earliest date
the question can be put back on the ballot.
Mayor Cartwfight called recess at 2:53 p.m. and reconvened the workshop
at 3:07 p.m. All members were present.
City Council Workshop
June 10, 1996
Page Seven
96.112 Item 8.
96.128
Drainage Smdv Results (3ohn Hill)
John Hill, Craven Thompson and Associates, had distributed the
Stormwater Management System Conceptual Master Plan during the recess.
Following a brief presentation, he requested use of the City Council
Chambers for citizen meetings to obtain public input on the plan possibly
on Tuesday evenings and then to schedule a workshop with City Council.
It was the consensus of Council to have Mr. Hill work with the City Clerk
to schedule the citizen meetings and to schedule a Council workshop on the
matter for June 27, 1996. Mayor Cartwright suggested the citizen meetings
be audiocast. (Subsequent to this meeting, the June 27, 1996 workshop was
canceled and will be rescheduled)
Item 6.
Traffic Circulation l'~;$uea
~ - Mr. Taracka
I. IAa _MaIX
II. Control Sisals
Mr. Taracka discussed problems relative to speed, mm markings, aaA?tic
light adjustments and the blinking light at Delaware brought to h/s attention
at property owners meetings. He requested input from Council and the
public to bring back to Commissioner Adams. He recommended improved
visibility of turning lanes by using reflectors or florescent markers. He said
he'd been informed by Comm/ssioner Adams that the traffic signals would
not be readjusted.
Mrs. Damp suggested a reflector on the curb on the west of the intersection
of Fleming. Mayor Cartwright reported on a traffic light problem at CR
512 and Roseland Road.
City Council Workshop
June 10, 1996
Page Eight
96.129
Item 17.
a.
b.
Co
Council Meeting Matters
Agenda Confined to Council Matters Only - Mr. Halloran
R-95-33 Council Meeti _ng/Ending Times/Extensions/Agenda
Deadline/Workshops. etc~ - Mayor Cartwright
Scheduling of Workshons Every. Other Month- Mrs. Damp
Mr. Halloran said some public recitations on subjects not of a nature that
Council can handle at meetings are unproductive and time consuming.
Mayor Cartwright announced that City Council will have to meet with the
City Attorney to go over meeting procedures before the next regular
meeting. Mrs. Damp, Mayor Cartwright and Vice Mayor Barnes discussed
shortening the time for public input.
Mrs. Damp suggested City Manager matters be put on the agenda fn'st.
Mayor Cartwright suggested reformatting the agenda and considering a
new procedure for meeting extension.
96.130
d. Review Uncompleted Council Action Items - Vice Mayor Barnes
Vice Mayor Barnes requested that the City Clerk "Pending List" be added
as a regular meeting agenda item and that perhaps should be reviewed
periodically. Mayor Cartwright concurred with placement on a regular
agenda to clean it up.
TAPE II - SIDE II (3:37 p.m.)
It was the consensus of City Council to tentatively schedule a workshop on
July 10, 1996 at 6 pm prior to the regular meeting relative to meeting
procedures items 17 a, b and c. Mr. Taracka said he would have to get back
to Council on this date.
The City Clerk said each Council member will receive a copy of the
pending list after each meeting.
8
City Council Workshop
June 10, 1996
Page Nine
96.131
96.132
e. Refine Code: Council Expense Procedure - Mayor Cartwdght
Mayor Cartwhght said she would like the code amended to reflect that
approved expenses incurred by Council members be presented for payment
within 60 days of occurrence or before the end of a fiscal year unless
Council knows its coming.
The Finance Director said as long as bills are subm/tted before the audit it
can be put into the proper year for payment. He said he is working on a
travel and per diem policy.
The City Manager said the code will be reviewed and the matter addressed.
Item 16.
Revise Code Regarding Council Appointed CommitteeffTerm
Limits. Interview Procedures. Handling Complaints. Against
Board Members - Mayor Cartwright/Mrs. Damp
b. Ord. 0-91-24
c. Ord. O-91-2~
d. Ord. 0-91-26
e. Res. R-94-5.1
M. rs. Damp expressed concern for the board term limit of two three year
terms, stating that good people are lost as a result.
Mayor Cartwright said there are other areas that need to be fixed, stating
she liked six years but that there should be a waiver provision. She said she
thought there were problems with the interview requirement, suggested
language be amended to reflect that the board "shall" interview rather than
"may", and suggested a citizen complaint process. Vice Mayor Barnes
suggested that both the board and Council be required to interview.
9
City Council Workshop
June 10, 1996
Page Ten
96.133
96.134
The City Planner said there was no provision for interviews in the Code
relative to the Planning and Zoning Commission.
Item 2.
Item 3.
Goals and Objectives - Vice Mayor Barnes
Financial Planning & Reports (Budget & CiP. Long
~ - Mayor Cartwright/Mayor Cartwright
Vice Mayor Barnes noted these two items will be addressed during the
strategic planning process. The City Manager said there needs to be more
focus on the five year capital budget due to the fact that a significant
amount of money will be coming into the City from the discretionary sales
tax which can only be spent for capital infrastructure needs.
Item 9,
Insoections of Property_ - Vice Mayor Barnes
The City Manager said the city needs to take a more pro-active position in
dealing with conditions of its buildings, suggesting an annual inspection
process to be brought to City Council by staff for its review.
Item 1 I. Marina Purchase (New Enterprise Fund) - Mayor Caxvarfight
Mayor Cartwright recommended Council look to additional enterprise funds
as revenue producers and suggested staff do a feasibility study relative to
purchasing the Channel 68 marina available on Indian River Drive. The
City Manager said he would do so.
Item 12.
Economic Development Fund (From Occupational License
Fees~ - Mayor Cartwright
Mayor Cartwhght reported that Martin County allocated a portion of its
increased occupational license fee to an Economic Development fund and
said she'd like to see how they determined the use of the funds.
It was the consensus of Council to direct staff to research.
Mr. Halloran said he'd like to see a portion used to police licensing.
10
City Council Workshop
June 10, 1996
Page Eleven
96.135 Item 14.
96.136
Civilian Review Board for PoliceDepartment - Mayor
cm, ri t
Mayor Cartwfight recommended formation of a civilian review board for
Police Department grievances. Mr. Taracka said sometimes problems with
boards arise due to lack of knowledge of police procedures. The City
Attorney said a lot of police departments are unionized and don't allow
such boards. Chief Puscher said procedures are handled m accordance with
F,S. 112. Mr. Hailoran said he was not in favor and Mr. Barnes said such
boards are more common in large municipalities.
The City Manager said he could do some research and report back. There
was no objection.
Item6.
Traffic Circulation Issues
a. Wave Street - Mayor Cartwright
Mayor Cartwright recommended something be done to alleviate traffic on
George and Wave Street. She suggested mak/ng Wave Street one way from
Fleming and opening Clearmont into Chessers Gap.
b. Laconia & C.R. 512 - Mayor Cartwright
Mayor Cartwright suggested requesting Indian River County to delay
closing off Laconia Street until after Winn-Dixie is constructed.
The Public Works Director said Indian River County does not intend to
close off Laconia, however, it will remain one way.
Mayor Carmrri~t requested that the Public Works Director verify this.
TAPE III - SIDE I (4:25 p.m.)
11
City Council Workshop
June 10, 1996
Page Twelve
d. Bike Path Plans - Mayor Cartwright
Mayor Cartwright suggested Council look at extending the bikepath plan.
The Public Works Director said the Capital Improvement Program includes
a bikepath plan through the year 2000. The City Manager said Council
reviews the program annually and can recommend changes.
96.137
18. Review City Charter - Mrs. Damp
Mayor Caxtwright said she would like to see two other proposed charter
amendments come back to Council, besides the previously discussed fifty
year airport leases, on the four year term limits and mayoral election, and
suggested the City Attorney review them.
Being no further business, Mayor Cartwright adjourned the workshop at
4:30 p.m.
Approved at the
Council Meeting.
1996, Regular City
Louise R. Canwhght
Mayor
Katluyn M. O'Halloran, CMC/AAE
City Clerk
12
City of Sebastm_~
!2,o5 MAIN STREE-T '" SEBASTIAN, FLORIDA 32958
TELEPHONE (56ti 589-5330 2 FAX (561)58%5570
Subject: Interlocal Agreement between indian
River County and the City of Sebastian provid-
ing for the division and distribution of the pro-
ceeds of the Local Option Gas Tax
Approved for Submittal by:
City Manager--'~~ Co) ~
¥
Agenda No.
Dept. on.gin:
Date Submitted:
For Agenda of:
Exhibits: 1..
3.
. /3
Ci~, Manager
June 19, I996
June 26, 1996
Letter from James Davis to City
Interlocal Agreement
Resolution R-96-qqauthorizing
Mayor to execute Agreement
Expenditure Amount
Additional Appropriation
Required: N/A Budgeted: N/A
Required: N/A
SUMMARY STATEMENT
On April 23, 1996, the Indian River County Commissioners enacted an ordinance which
extended the Local Option Gas Tax ($.06igal.) for thirty, years. The ordinance specified a
procedure for distribution of those funds with which all municipalities agreed with the exception
of Vero Beach. The attached a,m-eement establishes the distribution as called for within the
ordinance.
The proposed lmterlocal Agreement call for Sebastian to receive 11.9333% of the proceeds. This
amount is derived by considenng 1/3 of each enti~'s percentange of total equivalent lane mile of
road plus 1/3 of the entity's percentage of transportation expenditure over the previous five years
plus 1/3 of the entitv's total percentage of population residing within the area based upon the
1994 Population Estimate by the University of Florida.
The formula shall be reviewed eve~ two years commencing September 1, 1998.
RECOMMENDED ACTION
Approve Resolution R-96-49 authorizing the Mayor to execute the lnterlocal Agreement.
RESOLUTION NO. R-96~49
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN
INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND
THE CITY OF SEBASTIAN FOR THE PURPOSE OF PROVIDING FOR
THE DMSION AND DISTRIBUTION OF THE PROCEEDS OF THE
LOCAL OPTION GAS TAX; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABII,ITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WH2E~S, Florida Statutes 336.025 grants authority to Indian River County to levy a local
option gas tax upon every gallon of motor fuel and special fuel sold in Indian River County and taxed
under the provisions of Chapter 206, Florida Statutes; and
WHERF. AS, Indian River County, pursuant to its authority to levy the local option gas tax,
may establish by interlocal agreement with one or more municipalities within its boundaries, a
distribution formula for dividing proceeds of the local option gas tax among the County government
and all eligible municipalities; and
Wq:IE~S, the City of Sebastian is eligible to receive a portion of the local option gas tax;
and
WHEREAS, Indian River County has proposed a formula for distribution and submitted an
Interlocal Agreement to the City of Sebastian for consideration; and
WHEREAS, the City Council deems it in the best interest of the citizens of Sebastian to enter
into the Interlocal Agreement.
NOW, Tttt;REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. AGREEMENT. The Mayor of the City of Sebastian, Indian River
County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the City of
Sebastian, the Intertocal Agreement between Indian Kiver County and the City of Sebastian attached
hereto as Exhibit "A".
Section 2.
hereby repealed.
CONFLICT. All resolutions or parts of resolutions in conflict herewith are
SEVERABILITY. In the event a court of competent jurisdiction shall hold or
determine that any part of this Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian
did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the
City Council would have enacted the remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon final
passage.
The foregoing
Resolution 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 Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Resolution duly passed and adopted this .
1996.
CITY OF SEBASTIAN, FLORIDA
. day of
ATTEST:
By:.
Louise R. Can'wright, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie F. Settles, City Attorney
EXHIBIT "A"
INTERLOCAL AGREEMENT
day of
between
INDIAN RIVER COUNTY, FLORIDA
and
CITY OF SEBASTIAN, FLORIDA
THIS INTERLOCAL AGREEMENT, entered into this
, 1996, by and between INDIAN RIVER
COUNTY, FLORIDA, a political subdivision of the State of Florida,
by and through its Board of County Commissioners, hereinafter
referred to as COUNTY and the CITY OF SEBASTIAN, FLORIDA,
a municipal corporation of the State of Florida, hereinafter
referred to as CITY, for the purpose of providing for the division
and distribution of the proceeds of the local option gas tax
imposed by the COUNTY pursuant to Florida Statutes 336.025.
WITNESSETH:
WHEREAS, Florida Statutes 336.025 grants the COUNTY
the authority to levy, in addition to other taxes allowed by law, a
local option gas tax upon every gallon of motor fuel and special
fuel sold in the COUNTY and taxed under the provisions of
Chapter 206, Florida Statutes; and
WHEREAS, pursuant to said enactment, the COUNTY may
establish by interlocal agreement with one or more of the
municipalities located within Indian River County representing a
majority of the incorporated area population within the county, a
distribution formula for dividing the proceeds of the local option
gas tax among the COUNTY government and
municipalities within Indian River County; and
all eligible
WHEREAS, the CITY is a municipality located within
Indian River County, Florida and the CITY represents that the
CITY is eligible to receive a portion of the local gas tax as
imposed by the Indian River County Local Option Gas Tax
Ordinance, and desires to jointly establish with the COUNTY a
distribution formula pursuant to Florida StaTutes 336.025(3) (a) (1).
NOW, THEREFORE, in consideration of the mutual terms,
conditions, promises, covenants and premises hereinafter set forth
and pursuant to the statutory authority set forth herein, the
COUNTY and the CITY agrees as follows:
1. The proceeds of the local ~as tax shall be divided
among and distributed to the COUNTY and the elig-ible
municipalities within the county as follows:
RECIPIENT
Indian River County
City of Veto Beach
City of Sebastian
City of Fellsmere
Town of Indian River Shores
Town of Orchid
SHARE OF PROCEEDS
67. 92172
16.8350%
11. 9333%
2. 0974%
1. 2053%
0. 0073%
2. The division and distribution of tax proceeds as
stated in paragraph 1 above shall be based upon the following
formula:
The percentage of total revenue allocated to each eligible
entity equals 1/3 of the entity's percentage of total equivalent lane
miles of road plus 1/3 of the entity's percentage of transportation
expenditures over the previous five years plus 1/3 of the entity's
total percentage of population residing in the area based upon the
1994 Population Estimate by University of Florida Bureau of
Economic and Business Research. Said formula shall be reviewed
every two years starting September 1, 1998.
3. This a~reement shall take effect on September 1~
1996 and shall terminate on August 31, 2026. This agreement shall
also govern the division and distribution of proceeds of the local
option gas tax imposed through August $1st but not collected or
otherwise available for distribution until after August 31st of the
year the agreement terminates.
4. If, during the term of this a~reement, any party
hereto becomes ineli~-ible to receive a share of the local option gas
tax for any reason, any funds otherwise undistributed because of
ineli~ibilky shall be distributed to eligible governments within
COUNTY in proportion to other monies distributed pursuant to
paragraph 1 herein and the share shall be calculated pursuant to
the formula contained within paragraph 9~ herein.
5. By execution of this a~reement ~ neither the
COUNTY nor the CITY will be deemed to have waived any rights
or remedies they may have available under the laws of The State of
Florida.
6.
each fully
instrument.
This agreement shall be executed in duplicate and
executed contract shall be deemed an original
7. Upon adoption of an ordinance levying the local
option gas tax by the COUNTY, the COUNTY shall provided the
State of Florida Department of Revenue the distribution proportions
established by this agreement.
8. A copy of this agreement and all subsequent
amendments hereto shall be recorded in the Public Records of
Indian River County, Florida, upon its execution and all parties
hereto.
9. This agreement may be amended only in writing
with approval by all parties executing this agreement.
IN WITNESS WHEREOF, the parties hereto have caused
this i~terlocal agreement to be executed by their duly authorized
officials on the day and year first above written.
INDIAN RIVER COUNTY, FLORIDA
By its BOARD OF COUNTY COMMISSIONERS
Attest:
Fran B. Adams, Chairman
Jeffrey K. Barton, Clerk
CITY OF SEBASTIAN, FLORIDA
Attest:
Louise Cartwright, Mayor
Kathryn O'Halloran, Clerk
4
!
· City of Sebastian
1225 MAiN STREffi' E: SEBASTIAN, FLORIDA 32958
TELEPHONE (56t)58%8200 ..Z FAX (56I)589-5570
MEMORANDUM
DATE: June 19, 1996
TO:
PROM:
The Honorable City Council
Thomas W. Frame, City. Manager -'7~ '~'~
SUBJECT: Correction of Previous Council Action Taken on June 5,1996
On .rune 5, 1996 the Council author/zed the purchase of four vehicles. On the transmittal tbrm it
was recommended that .t.[...h;e~hase of the F350 Crew Cab Truck be from Atlantic Ford Truck
Sales in the amount o*5_~_xo0,158-~ Unfommatety, that was incorrect because it should have read
F700 Dump instead ofF350 Crew Cab. The summary sheet that was attached was correct and
the error was in misstating the type of truck.
To further complicate matters a motion and approval by the Council to correct the error was not
correct either. The mot/on of the Council was to approve a bid waiver in the mount of $59,223,
to purchase 3 vehicles from Don Reid Ford and the F350 Ford fi-om Atlantic Ford Truck Sales
tbr $18,710.
In order to correct all errors, it is recommended that the fbllowing motion be made and adopted:
Move to rescind motion adopted by the City Council at its meeting of June 5, 1996
for Agenda Item No. 96.113 and move to approve an additional $2,939 _for the
purchase of four trucks I~or the Department of Public Works. Move to approve a bid
waiver to allow the purchase of three vehicles (Fl50, F2:50, & F350) from a State4-~,q
Contract through Don Rifid Ford in the amount of $47,.354, and purchase the FTO0
Dump from Atlantic Ford Truck Sales through a piggy-back contract with4t~Rlt--f-~,'qF~
County in the amount of $30,585.
Truck
c~~:ive ~r~c~ ~oc~s. la ali cases, :aa Flor%aa S:aCa Con~rac~_
Up. However, Bar%ow Yc-_d's ~cue was for a ~cn-cunfa~q =~c_.~.~. ~=.
s'~ary s~eeu.
aiccv.._ back a~u~lic 'ids f~r Dace Co~c',;_.
The " BeC
Y~a~ Dumu T_--ack ~=~ be uurc~asad from A.%i~.clc Fo
S-les ~der ~!orl~- a=~ ·
= o~ Co~ur~ct ~070-700-100
~cve ~:o aDorov=, an aec£r!cna! $2.9'~a.. ~c~.- ~ne o~-cnase c~
~rucm~ for :ne D~oar~men~ c~ Public :~cr~_ Mcve ~c approve a ~.~
,Z-~n~-racz frcm 2ca Re',~ Ford in zne ~cun~ of S47.2=~.. and
:urcnas~ ;h ~r~m .~
P~_ui :4ac., ne"r/-,
i
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 c~ FAX (561) 589-5570
SUBJECT: APPOINTMENT OF
REGULAR MEMBER TO THE PLANNING
AR-D ZONING COMMISSION, TERM
EXPIRING MAY 1999
6117~96
6/26/96
) Dept. Origin: Communi. ty....D..evelopment
)
) Date Submitted:
)
) For Agenda Of:
)
ACProval for Submittal By:
City Manager ~~~I
Exhibits:
~ ) 1. Applications
) 2. Memorandum dated 6/7/96
) from P&Z Secretary
) 3. Section 10, R-94-51
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Chairman Carl Fischer's regular member term on the Planning and Zoning
Commission expired 5/96. Mr. Fischer was an alternate member from 7/92
until 5/93 when he was appointed to his regular member position. He is
eligible to be reappointed to a second three-year term.
The position was advertised to the public, accepting applications until
May 30, 1996. Four applications were filed including Mr. Fischer's.
The following three applicants have since withdrawn their applications:
Mr. Earl Shroyer, Mr. Michael Oliver, and Mr. Thomas Connelly.
At its regular meeting of June 6, 1996, the Planning and Zoning
Commission passed a motion to recommend the City Council to reappoint
Mr. Carl Fischer to a second three-year regular member term expiring
5/99. However, the provisions of Section 10, Resolution R-94-51,
requires the City Council to interview each applicant at a public
meeting prior to voting for their selection.
RECOMMENDED ACTION
Interview the applicant prior to voting for your selection.
',%.
523 Cross Creek Circle, Sebastian, FL 3'2958 x
E.2ME '"= .... E.iNE: 407~589-!~32
Town and Country Realty of Sebas%ian, Inc.
10741 US-l,Sebas%ian, FL 32958
F.--~SL~-w? CF --n,~%-C_%TXCN .~ L~.l~--~. ~-' Eiqh Schooi,Co!leqe,Reai Es%ate
Brokers Course
880355
i'3.
Tes_~_ ~c
34 ,fears
To serve my ccmmunit-z an :dE-.'~:~-=~ term on tke Board,
m
City of Sebastian
lP25 MAiN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561 589-5330 r~ FAX 589*5570
)
(561
)
MEMORANDUM
~TE:
TO:
FROM:
REFERENCE:
June 7, 1996
Mayor, City Council
Dorri Bosworth, Secret~r~/¢
Planning and Zoning C~ssion
Recommendation for Appointment
to Regular Member Position
Chairman Fischer's regular member position expired 5/96. He is
eligible for re-appointment for a second three-year term. After
advertising to the public, four applications were received,
including one for Mr. Fischer.
Chmn. Fischer handed the meeting over (June 6, 1996, regular
meeting) to Vice Chairman Munsart when the time came for the
Commission to address making a recommendation to City Council for
an appointment to the expired regular member position. As soon as
the meeting was turned over, Mr. Munsart inadvertently asked for
nominations which then Ms. Brantmeyer nominated Carl Fischer for
re-appointment and Mr. Mather seconded. Mr. Munsart nominated Mr.
Earl Shroyer who immediately withdrew his application. Nominations
were closed. Mr. Munsart then realized the other applicants should
have been interviewed first and Mr. Thomas Connelly and Mr. Michael
Oliver were asked to introduce themselves. Both applicants also
withdrew their applications during their interviews.
Mr. Horry Johns made a motion that Carl Fischer be recommended to
the City Council to retain his position. Mr. Mather seconded the
motion. A voice vote was taken. All members were in favor.
pendin$ seeking appointment to serve as a r%m~[ar member of such ~ppointiYe board,
commission or commmee. This provision shall not preclude such regular member from
seeking ~ppoinunent as ~ r%mzlar member to another appoinuve board, commission or
committee.
d. In the event that the City Council fails to reappoint a member for any reason
prior to the expiration of the member's term, the member shall continue to serve tmnl
reappointment is ratified or a new appointment is confirmed.
e. Whenever a current or former member of an appointive board, commission or
committee is being considered for appointment or reappoinrrnen.t to an appointive board,
commission or committee, the City Counc/1 shall consider the number and nature of the
inet_ oranda of conflicz previously filed by such individ, m~ pursuant to Section 112..3143
of ~orida Statutes.
UNEX~I1LED TEllM. La the event that a vacancy occurs prior to the expiration
of the term, the chairperson of the.respemive board, commission or committee shall place
the filling of such term on the agenda of the aext re~malar meeting or call a spec/al meeting
for the sole purpose of considering the filling of such vacancy. The board, commission or
committee may r~ommend the filling of the unexpired term by appoinunenr of an
alternate member or another ~plicaut for the position The City Counc/i shall review the
recommendations of theboard, commission or committee prior to exercis/ng itsdiscretion
in Filling ~e unex-pired tenn.
SOLICTITATION FOR 33PLICA~NTS.
a. The City Clerk shall, by press release in a aewspaper of general circulation in
the City of Sebastian, aotice open positions at the request o£board secretaries.
%~ ~VIEW. The respective board, commission or committee may interview an
applicant at a public m~ting however, the City CouncLl shall interv/ew each applicaut at
a public meeting and shall vote for their setect/onat a public meeting designated for such
purpose.
REMOVAL.
a. Pr/or to suspending or removing a member of an appointive board, commission
or committee, the City Council shall spec/fy snf~cient ficts to advise the affected
member as to the basis for his or her suspension or removal, provide reasonable notice,
4
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX 589-5570
(561)
/
SUBJECT: TO CREA E
MEMBER POSITIONS FOR TEE TEE )
~VISORY BOARD ) Dept. Origin: Co~unit~ Development
)
) Date S~mitted: 6~12/96
) For Agenda Of: 5.~.~6/96
~proval for S~mittal By: )
~j~ Exhibits:
City Manager.
~ ) 1. Memo dated 6/12/96 from the tree
) Adviso~ Board Secreta~
)
) 3. Section 20A-14.16
)
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of June 3, 1996, The Tree Advisory Board
unanimously agreed to recommend that City Council amend the code to
provide for two alternate positions.
To validate the appointment of 2 alternate member positions the board
stated the following reasons:
To allow for a quorum when regular members are absent or terms
have expired.
- To familiarize more members with the board so that when
regular terms do expire there are experienced alternates to
those RECOMMENDED positions-~-. ~- ."i i~/~
possibly fill ~,~m'r O_N "
To direct the staff to prepare an ordinance amending the co,gu .~prov~e
for two alternate positions for the Tree Advisory Boa'rd. ~
DATE:
I
I
I
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 I
TELEPHONE (561) 589-5330 a FAX (561) 589-5570
MEMORANDUM
June 12, 1996
TO:
FROM:
Mayor and City Council
Dawn M. Coragi
Secretary, Tree Advisor~ Board
Board Recommendation To Create Two Allternate Postitions ·
At its regular meeting of June 3, 1996, the Tree Advisory Board
discussed requesting two alternate positions be created in addition
to the five regular member positions.
Shirley Kilkelly made a motion to recommend that the city council
Ce~cend the code ~o provide for two alte~te positions. Thomas
le seconded the motion. A voice vote was'taken and the motion
was unanimously approved.
/dc
MEMOCCR.WP
§ 20A-14.14 SEBASTIAN LA_ND DEVELOPMENT CODE
(8) Necessity to remove trees in order to construct proposed
improvements to allow economic enjoyment of the properlT,
including:
a. Need for access around the proposed structure for con-
struction equipment (maximum of ten (10) feet).
b. Need for access to the building site for construction
equipment.
c. Essential grade changes.
[f~) Use of the land as permitted by the applicable zoning mg'-
ulations.
(10) The extent of any damage or hardship which would result
to the applicant. ~om a denial of the requested permit.
(11) The species and size of the trees proposed for removal.
(Ord. No. 0-95-01, § 1, 2-22-95)
Sec. 20A-14.15. Application review.
A. The city manager or his designee shall rev/ew and grant or
deny the permit application within ten (10) working days after
receipt of an application filed pursuant to this art/cte. If the ap-
plication is denied, the reasons therefor shall be in writing and
attached to the application. In the event ten (10) working days
have lapsed and the city ~nanager or his designee has not acted on
the application, the application shall be deemed to have been
granted.
B. In the event a site plan is required to be submitted, then the
application shall be submitted simultaneously as part of the site
plan application and the approval period shall be as required for
the site plan rev/ew.
C. A certificate of occupancy shall not be issued by the city for
a residential unit without the applicant first demonstrating com-
pliance with the provisions of section 20A-14.12(3).
(Ord. No. 0-95-01, § 1, 2-22-95)
Sec. 20A-14.16. Tree advisory board.
A. There is hereby created a tree advisory board, which shall
provide advice to the city council as requested by the council on
Supp. No. 18 958
LANDSCAPE AND TREE ORDINANCES
§ 20A-14.16
care of trees on city property, preservation of historic trees, pro-
posed planting of trees on city property, proposed amendments to
this Tree Protection Ordinance, and such other matters as re-
quired by the city council from time to time.
B. The tree advisory board shall consist of five (5) residents of
the city, who shall be appointed by the city council. Members shall
serve without compensation. Initially, three (3) members shall be
appointed to two-year terms and two (2):members shall be ap-
pointed to one-year terms. Thereafter, ali' appointments shall be
for two- year terms.
C. Vacancies shall be filled by the city council.
D. Meetings shall be held at such places and times as specified
by the city council from time'to time and shall be open to the
public.
(Ord. No. 0-95-01, § 1, 2-22-95)
Supp. No. 18 959
[The next page is [005]
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 a FAX 589-5570
(561)
SUBJECT: APPOINTMENT OF TWO
REGULAR MEMBERS TO THE TREE
ADVISORY BOARD
Approval for Submittal By:
City Manager ~X~~.~~ ~
) Dept. Origin: Community Developmen~t~\~
)
)
) Date Submitted: 6/12/96
)
) For Agenda Of: 6/26/96
)
) Exhibits:
)
) 1. Applications
) 2. Memo dated 6/12/96 from the tree
) Advisory Board Secretary
) 3. Section 10 R-94-51
)
)
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
After the Tree aadvisory board's review of all the applicants at its May
6, 1996 and June 3, 1996 meetings, the board unan/2~ously agreed to
recommend to the City Council the appointment of Carl Fischer and Sally
Gore to the two regular member positions.
The provisions of Section 10, resolution R-94-51, requires the City
Council to interview each applicant at a public meeting prior to voting
for their selection. There is one applicant in addition to Carl Fischer
and Sally Gore, a copy of their respective submittal is attached.
RECOMMENDED ACTION
Interview the applicants prior to voting for your s
CSHEET04. WP
· ..~_-: .?..~ -
9ATE:
City of Sebastian
1225 MAIN STREET u SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 a FAX (561) 589-5570
MEMORANDUM
June 12, 1996
TO:
FROM:
Mayor and City Council
Dawn M. Corapi
Secretary, Tree Advisory Board
Board Recommendations for Regular Member Positions
At its regular meeting of May 6, 1996, the Tree Advisory Board
interviewed one of one applicants that applied for one of the two
regular member positions. That applicant was Carl Fischer.
Donna Starck made a'.motion to recommend Carl Fischer, to the City
Council, for the regular member position. Thomas Cecrle seconded
the motion. A voice vote was taken and the motion was unan/_mously
approved.
The board also unanimously agreed, at the same meeting, t~
~taking their recommendation to the city council until the~got a~
least one more applicant.
At its regular meeting of June 3, 1996, the Tree Advisory Board
interviewed two of two applicants for one of the two regular member
positions. Those applicants were Sally Gore and Anne Putman.
Thomas Cecrle made a motion to recommend Sally Gore, to the City
Council, for the regular member position. Donna Starck seconded the
motion. A voice vote was taken and the motion was unanimously
approved.
/dc
MEMOCCBR. WP
- !
pending, se=king appointment to serve as a re=mziar member of such appointive board,
commission or committee. This provision shall aot preclude such regular member from
seeking appointmen~ as a re=oa~lar member to another appointive board, commission or
committee.
ti. 5x the event that the City Council fails to reappoint a member for any reason
prior ro the ex-pirarion of the member's term, the member shall continue to serve until
reappomtment is ratified or a new appointment is confirmed.
e. Whenever a current or former member of an appointive board, cormmssion or
committee is being considered for appointment or reappomrmen, r. to an appointive board,
commission or committee, the City Cotmcfl shall consider the number and nature of the
memoranda of conflicl: previously filed by such individual purraant to Section 112.3143
of Florida Statutes.
UNEXPIRED TERM. In the event tlmt a vacancy occurs pr/or to the e,-cpiration
of the term, the chaimer~on of the_respective board, comm/ssion or committee shall place
the filling of such term on the-agenda of the ne~ rewaiar meeting or call a ~ecial meeting
for ~e sole purpose of considenng the filling of such vacancy,. The board, commission or
committee may recommemd the filling of the unexcpired term by appointment of an
alternate member or another appficant ~br the position. T'ae City Cotmc/_l shall review the
recommendauons of theboard, commission or committee prior ro exercising irsdiscrerion
in filling tile une,-'c~red term.
SOLICITATION FOR J~PPLIC,~NTS.
a. TJae City Clerk shall, by press release in a aewspaper of general c/rculation in
the City of Sebastian, aotice open positions at ~e request o£board se~emries.
~I2NTER~W~ The respective board, commission or committee may interview art
applicant at a public roe,ring-- however, the City Cotmcil shall interview each applicant ar
a public meeting and shall vote for the/r se!ecrionat a public meeting desi~ated for such
purpose.
REMOVAL.
a. Prior to suspending or removing a member of an appointive board, commission
or committee, the City Cotmci.1 shall spec/fy sufficient facts to advise the a_ffezred
member as to the basis for his or her suspension or removal, provide reasonable notice,
LA/qDSCAPE A/VD TI~EF~ OP~DI2~A_NCES § 20A-14.16
csre of trees on city proper~r, preset-ration o£ ~o~c ~s, p~
posed pl~ of tr~s on ci~ prope~7, proposed ~en~en~ to
~s ~ee P~c~on Ore,ce, ~d su~ other ma~rs ~ r~
quired by ~e ci~ co,cfi ~om tree to time.
B. ~e w~ ad~o~ bo~d sh~l cons~t of five (5) residen~ of
~e ~, who sh~ be appom~d by ~e ~ co~l. Mem~ sh~l
se~e ~out ~mpensa~on. ~fi~Y, t~e (3) members sh~ be
appom~ ~ ~ye~ ~ms ~d ~o (2) membe~ sh~ be ap-
~m~d ~ on~ye~ ~ms. ~ere~er~ ~ ap~mmen~ s~ be
~or ~o- 7e~
C. Vae~des sh~ be ~H~ by ~e city eo~.
D. M~ sh~ be held at su~ places ~d ~es ~ sp~ed
by ~e ~ co~ ~m ~e'to me ~d sh~ be open ~ ~e
public.
(0~. No. ~95-01, ~ 1, 2-22-95)
Supp. No. 18
959
[The next page is 1005]
PENDING LIST
COUNCIL ITEMS NOT COMPLETED
as of 6/20/96
96.009
96.013
96.021
96.025
Riverfront Task Force (see 95.175) Membership Appointment (Vice Mayor
Corum) - 1/10/96 agenda - deferred to 1/17/96 workshop - John Hill gave
presentation on creation of a master plan - Council consensus for board w/
5 members - 2 alternates - City Attorney to develop rules of procedure -
Council give names for ratification at 1/24/96 meeting - district rr east to
river - no. to so. city limit - 1/24/96 agenda - appoint members - City
Manager submitted five names selected by Council members and received
authority to select two at large members - on 3/13/96 agenda for fmal
direction re: appointments - Tommy Thompson appointed at-large member
- Stanley Kmlikowski appointed at-large CATF member - switch Bennett
and Moore membership affiliations - RESOLUTION NO. R-96-43 -
Establish Theme for Riverfront - "Old Flor/da Fishing Village" - third
revision adopted - u~¢ this number for 96 Riverfront Committee matters
City Attorney Recruitment - 1/17/96 workshop - consensus to put out
for contract and in-house attorney - 3/13/96 agenda - consideration of
applications and proposals for in-house and legal services - deferred to
3/27/96 - special meeting scheduled for 4/13/96 9 am for interviews -
ranking 1) Valer/e Settles; 2) Rich Stringer; 3) Ferguson & Ferguson - City
Manager and Human Resources to negotiate with Settles to determine what
she wants - RESOLUTION NO. R-96-32 - Legal Services Agreement -
Valerie Series - 5/8/96 agenda - adopted - 6/5/96 agenda - Resolution No.
K-9647 - Authorizing Mayor to Execute Amended Contract - denied -
motion to execute contract adopted 5/8/96 - review IRS rules with auditors
RESOLUTION NO. R-96-12 - Amending Airport Field Rules Section
Parking and License Form - RESOLUTION NO. R-96-13 - Rescind
Sebastian Aero Serv/ces Parking Agreement - 1/24/96 agenda - ~
to 2/14/96 - City. Manager to notify_ tenants ~ not on 2/14/96
John Hill - Craven Thompson & Assoc. - Glentry-Concha Drainage Basin
(see 95.082) - 2/14/96 agenda - project approved - go to HDPE pipe - open
number for hid award-
96.O26
96.032
96.033
96.035
96.O45
SEBASTIAN LAKES (LENNAR/PTC) MATTERS - RESOLUTION NO.
R-96-20 - Preliminary Development Plan Sebastian Lakes Unit One - Tracts
A and B - RESOLUTION NO. R-96-23 - Amendment to Development
Agreement - Sebastian Lakes Associates/City of Sebastian (see 93.085) -
2/14/96 agenda - R-96-20 adopted as amended w/all conditions - R-96-23
continued to 2/28/96 - 0-96-09 1st reading approved 2/16/96 - ph set for
2/28/96 - hearings on K-96-23 and 0-96-09 continued to 3/13/96 - hearings
continued to 3/27/96 at request of Howse- hearings continued to 4/10/96 at
request of Howse - R-96-23 and O-96-09 adopted - executed documents
not returned
Airport Master Plan - Greiner Supplemental #2 - Deferred to this Meeting
from 12/20/95 (see 95.041) - 2/14/96 agenda - not addressed - 2/16/96
approved - Appropriate $68,500 from Airport Enterprise Fund - Contract
and Bid Award - Airport Drive West (Phase i) - Henry Fischer and Sons
Leasing, Inc. - $176,544.65 - 4/24/96 agenda - approved - use this number
for 96 action on master plan
ORDINANCE NO. 0-96-07 - Employee Career Service System - 1st
Reading, Set Public Hearing 3/13/96 - 2/14/96 agenda - tabled to 2/28/96 at
request of City Attorney - deferred at request of City_ Manager at 2/28
meeting for further review
Indian River County Recreation Department Agreement (see 95.217) -
2/14/96 agenda - removed from agenda for workshop - at 2/16/96 meeting
discussion of scheduling it for 3/20/96 - 2/28/96 meeting Firtion announced
IRC will delete BSSC from proposal - 6/10/96 City_ Manager to schedule
workshoo with IRC Recreation and all recreation ~oups - then bring
workshoo to Council
ORDINANCE NO. O-96-10 - Purchasing Procedures - 1st Reading, Set
Public Hearing 3/27/96 - 2/28/96 agenda - deferred to 3/27/96 for further
review - postponed until subsequent to April 30, 1996 for further revision
1 st reading 6/26/96 - ph to be set for 7/24/96
96.O59
96.079
96.080
96.099
96.110
96.120
Sebastian Area Business Council - Request to Use Riverview Park for
Business Fair/Barbecue - 4/28/96 - 9 am to 6 pm - Consider Standard
Condition No. 6Re: Stile of Handmade Goods Only - 3/27/96 agenda- date
changed to 5./26/96 and asked for electricity - approved - staff to review
role 6 for possible rev/sion
Memo fro/a! City Manager~Re~ Grant Appl.~icafions.~7/9~enda-"'~
M~anag~_ r.directe4t,64o~ into Flo~%fida-Ifflg Nav~gffdoWDistri(:t tun__ds ~
Proposed Budget Calendar - 1996/1997 Fiscal Year - 4/24/96 agenda -
approved - use this number forbudget
Fourth of July Matters - Closing of Certain Streets as Requested; Use of
Community Center on 7/4/96 and Yacht Club on Several Dates for Meetings;
Placement of Advent Balloon in Riverview Park Upon Receipt of l_nsurance -
4/24/96 agenda - approved - Fourth of July Committee - Request Approval roi'
1) La. Pone Farms Animal Petting Zoo CNW Comer) in Riverview Park on
7/4/96; 2) Cathy Lees Pony Rides and Photo Show (SW Comer) in
Riverview Park on 7/4/96; and 3) Lions Club to Serve O'Donls Non-Alcoholic
Beer - 5/8/96 agenda - items 1 and 2 approved - item 3 denied - Authorize
Closing of Indian River Drive from Riverview Park to Davis Street at 6:30
a.m. for the 4th of July Chamber of Commerce 5-K Run/Walk - approved -
6/5/96 agenda use this number for all 4th of July matters
Mayor Cartwright - Police Department Building - 94.132 - 5/8/96 agenda
City Manager authorized to contact Dr. Spaul to evaluate building - up to
$5,000 - also author/zed to file suit against contractor or design
professionals and to employ expert witnesses if he deems necessary - he
reported he will not be filing suit - Spraul is doing evaluation and has
presented report
RESOLUTION NO. R-96-42 - Authorizing Mayor to Execute -
Amendment to Contract w/DCA Re: CDBG - 6/5/96 agenda - adopted
use this number for CDBG matters
Fund and Upgrade Sound System and Chairs in Council Chambers -
6/10/96 workshop - City_ Manager to look into - Purchasing Agent is
obtaining proposals for sound system for fiscal 96/97
96.121
96.122
96.123
96.124
96.125
96.126
96.127
96.129
96.131
Personnel Matters - organizational charts, performance appraisals,
counseling, written policies, sexual harassment, employee training &
policies - 6/10/96 workshop - City Engineer position - Ci~ Manager w/ll
look into areas of deficiency and report back and bring back cost
comparison on in-house and contract engineer - also see 96.033
Taracka Suggestion to Conduct Workshop to Obtain Input from Middle and
High School Students on Recreation Needs - 6/10/96 - workshop to be
Disposition of Former Utilities Building - Main and U.S. 1 - 6/10/96 -
(95.165) consensus to work with combination of users - Sebastian River
Area Historical Society working with Chamber of Commerce and
Community Affairs Council
Update Land Development Code Re: Noise, Sandminmg, Signs, Boat
Trailer Parking - 6/10/96 agenda- Planner is budgeting funds fiscal 96/97
Revise Code Re: Burning - 6/10/96 agenda - consensus to have City
Attorney draft three language amendment alternatives for review and
selection - then to P & Z if necessary_
Building Code Standards - 6/10/96 - discussed previously directed draft of
ordinance for current standard building code (95.091) - City Manager
reported that National Electrical Code is being included in ordinance -
ordinance forthcoming -will be placed on 7/10/96 for 1st reading
Airport Management/Manager- 6/10/96 - consensus that Ci~ Manager
preoare an airport needs assessment for budget workshoo - City Clerk
directed to ascertain when a' .agort lease charter amendment can go back on
Council Meeting Matters - R-95-33 Procedures - 6/10/96 agenda- City
Manager will meet with City_ Attorney ro go over meeting procedures and
then workshop with Council on 7/10196 at 6 om
Refine Code Re: City Council Expenses - 6/10/96 agenda - Cartwright
suggested all expenses be presented for payment within 60 days or before
end of fiscal year - Finance Director is workingon a travel and ocr diem
policy - City. Manager to review code
4
96.132
96.133
96.134
96.135
96.136
96.137
95.012
95.029
Revise Code Re: Council Appointed Committees - Term Limits, Interview
Procedures, Handling Complaints Against Board Members - 6/10/96 agenda
- City_ Attorney is reviewing procedures
Marina Purchase - 6/10/96 agenda - Camvright recommendation for
enterprise fund - Ciw Manager will ret~ort back
Economic Development Fund from Occupational Licenses - 6/10/96 agenda
Cartwright request - staff to research Martin County_ - method used and uses
Civilian Review Board for Police Department - 6/10/96 agenda - Caxtwfight
request - City_ Manager to do some research and report back
Wave Street - Alleviate Traffic from George Street - 6/10/96 agenda -
Cartwright recommendation to one way out and open another road in
Review City Charter - 6/10/96 - Cartwright requested O-96-01 four year
Council terms and 0-96-02 mayoral election on ballot as well as 0-96-04
airport leases back on ballot - City. Attorney to review
1995
O~ l~Iat~e3½ - Special Use Permits - 1/11/95 agenda- discussion -
requested City Manager to bring back proposal for defining "temporary"
and upgrading permit fees - 10/4/95 workshop agenda - staffto review and
report on actual costs for applications and City_ Attorney to draft resolution
imposing $1000 bond
Review Ordinance No. O-95-03 - Parking in Residential Districts (see
94.263)- 1/25/95 agenda- staff will readdress- 6/14/95 agenda- 1st
reading of 0-95-03 revised - deferred to 6/28/95 by request of City
Attorney - revised and placed on 6/28/95 for 1st reading - approved on 1st
reading - ph set for 7/26/95 - adopted - effective 8/26/95 - Ordinance No.
0-95-23 re: handicapped - adding new section - 1st reading 8/23/95 - ph set
for 9/13/95 - 0-95-23 adopted - Cartwright request be brought back re:
parking in swale - delete "improved" - 10/4/95 workshop agenda - minor
amendments recommended - Ciw Attorney to draft 2nd amendment
5
95.075
Grant of Easement - Barber Street (Formerly Stratton Avenue) - Nelson
Hyatt to City of Sebastian (see 92.040) - 4/12/95 agenda - postponed to
4/26/95 - not ready for 4/26/95 per Ci~ Manager
95.091
Standard Housing Code 1994 Edition Direct City Attorney to Draft
Ordinance - 5/10/95 agenda - City_ Attorney to draft ordinance - SEE
96.126
/ ~M~mmer.~ comel~ with gm~fial polic.gd- bfind%ack to.go~ /
- ~ - ~ ./ - - -L../[- /.z.-~ -x /
95.145 Recommendation Re: Barbed Wire Fences - Direct City Attorney to Draft
Ordinance - 8/23/95 agenda- postponed to 10/4/95 workshop - City_
Attorney/staff to draft ordinance
95.152
Approve Contract with Florida Department of Environmental Protection -
Florida Recreation Development Assistant Program Grant - Upgrade
Schumann Tennis Courts - 9/13/95 agenda - approved - need to bid project
95.211
Sebastian Panthers - Barber Street Sports Complex Expansion and
Schumann Football Field - 11/15/95 agenda - carried to 12/6/95 -
presentation - Firtion recommended using funds saved from BSSC sidewalk
project to install restroom facilities - Neuberger volunteered to look at lights
- City_ Managerxequested a lighting plan
6
City o/ Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32_958
TELEPHONE (561) 589-5330 a FAX (561) 589-55'70
SUBJECT: REQUEST FROM DAYCO
PRODUCTS INC. TO USE RIVERVIEW
PARK
Approved For Submittal By:
Agenda Number:
Dept. Origin: Community Develop~e~t~'
(GB)
Date Submitted: 6/14/96
For Agenda Of:
6/26/96
Exhibits:
Julie Dustin letter of 6/6/96
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
Dayco Products, Inc. is requesting permission from the City Council to
utilize Riverview Park on saturday, July 20, 1996, for their company
picnic. The company anticipates approximately 100 people in attendance.
They have also requested the use of electric.
Unless otherwise stipulated by City Council, the following are established
rules for use of Riverview Park:
1. $100.00 Security Deposit
2. No vehicles in the park.
3. Applicant to provide sufficient waste receptacles and
clean up after event.
4. No alcoholic beverages are permitted within the park.
5. All displays must be clear of the sidewalks and entranceways.
6. Any goods for sale must be handmade by members of the
organization.
7. Applicant must contact and receive approval from the Health
Department regarding the sale of food.
RECOMMENDED ACTION
Discuss consideration for approval of Dayco Products, Inc. to use
Riverview Park for a company picnic on Saturday, July 20, 1996, subject to
standard conditions, and approving the use of electric.
a MAI:IK IV c~nl~ny
Moro Beach I=lant
June 6,1996
City ofSebastian
1225Main S~eet
Sebastian, FL. 32958
Attn: Community Development
Re: Dayco Co. Picmc
To Whom It May Concern:
On Wednesday, June 4, 1996, I spoke w/th Ann Russo about having our company picnic at
Riverview Park on July 20, 1996. Ms. Russo had checked the schedule for that day, and said that
was fine. We are requesting the use of elecmcity, for the Moon Walk, for which we are having
for the kids. The Moon Walk will be furnished by D&B Communications, they will come out
and set it up, and take it down.
We will be using the park from 8:00 a.m. to 5:00 p.m.
Julie Dustin
Receptionist
City of Sebastian
1225 MAIN STRE~ :'~ SEBASTIAN. FLORIDA 32958
TELEPHONE (561) 589-5330 .'7~ FAX 1561) 589-5570
MEMORANDUM
DATE: June 19, 1996
TO:
FROM:
SUBIECT:
The Honorable City Council
Thomas W. Frame, City Manager .-./14,~t,~ cz.)-~
Proposed Phase I Water Line Extension by Indian River County Utilities
On June 18, t 996, [ attended the Board of County, Commission meeting along Vice Mayor,
Walter Barnes. The purpose of attending that m~ting was to insure that the County would have
the input of Sebastian relative to deciding who would conduct the assessment hearings. Two
options had been proposed by the Utility Department; the first was for the County to proceed as I
had recommended in my letter to them on May 29, 1996; the second option was to take no
action.
The Commission opted to proceed with the creation of a Municipal Service Benefit Unit
(MSBU) and to conduct the requisite hearings. The Ci~ needs to waive the sixty day notice
period so that they may proceed.
Another issue asked by the Commission was relative to the County's add-on of 2% over the
interest rates on the bonds. Their interest is approximate 6.5%. Based on 53.3 million, that adds
on an annual average of approximately $20,000 if financed over 10 years. It is highly urdikely
that Sebastian could borrow on the same terms. Additionally, it is most probable that an
additional pledge of revenue would be necessary to back the assessment levies. All considered,
while I would prefer a lower rate, I am not of the opinion that it would result in any over all
savings.
Recommendation: Move to adopt Resolution R-9648 waiving the 60 day period contained in
Section 6.07(B) of the Intertocal Agreement which would provide time for the City to opt to
finance, construct, acquire, etc., and move to authorize the City Manager to noti~ the County
through the County Administrator that the City does not object to the 2% interest surcharge.
RESOLUTION NO. ~
A RESOLUTION OF TI~ CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, WAIVING THE SIXTY DAY REQUIREMENT
IMPOSED BY SECTION 6.07(B) OF THE INTER]LOCAL AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND THE CITY OF SEBASTIAN
PROVIDING FOR THE TRANSFER OF THE CITY OF SEBASTIAN
WATER AND WASTEWATER SYSTEM; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABIZ1TY; AND PROVH)ING FOR
AN EFFECTIVE DATE.
WI:W~REAS, the City Council entered into an interlocal Agreement with Indian River County
providing for the transfer of the City of Sebastian Water and Wastewater System on September 20,
1995; and
WHEREAS, Section 6.07 (B) of the Interlocal Agreement empowers the County to finance,
construct, acquire or extend water or wastewater transmissions, distribution or collection facilities
and improvements and impose special assessments therefore upon benefitted parcels located within
the incorporated area of the City, and further provides that the County notify the City of its intent to
do so and provide a period of sixty days for the City to opt to finance, construct, acquire or extend
the proposed facih'ties and improvements and impose special assessments upon benefitted parcels; and
WHEREAS, City Council, by consensus at its March 27, 1996 Regular Meeting, directed
the City Manager to request Indian River County to conduct the assessment hearings for the water
expansion program; and
WHEREAS, the Indian River County Commission, at its June 18, 1996 meeting, considered
the City Manager's recommendation for the County to do the assessments and proceed with the water
expansion project and opted to proceed with the creation of a Municipal Service Benefit Unit District
(MSBU) in accordance with the Interlocal Agreement; and
WHEREAS, in order for Indian River County to proceed with installation of water lines and
establish the MSBU District, the sixty day time period must be waived; and.
WHEREAS, the City Council deems it in the best interest of the ci'~izens of Sebastian that
Indian River County proceed as soon as possible on the water expansion.
NOW, ~REFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDiAN RIVER COUNTY, FLORIDA, that:
Section 1, WAIVER OF SIXTY DAY NOTICE REQUIREMENT. It is the intention
of thc City Council that the sixty day notice requirement imposed by Section 6.07(B) of the Intertocal
Agreement providing for the transfer of the City of Sebastian Water and Wastewater System on
September 20, 1995, is hereby waived.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
S~fi~ 3. SEVERABIHTY. in the event a court of competent jurisdiction shall hold or
determine that any part of this Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian
did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the
City Council would have enacted the remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon final
passage.
The foregoing
Resolution 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 Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma $. Damp
Councilmember Raymond Halloran
Councilmember Richard I. Taracka
The Mayor thereupon declared this Resolution duly passed and adopted this
,1996.
day of
2
Kathryn M. O%-Ialloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie F. Settles, City Attorney
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cart-wright, Mayor
~ur~, ~_7 BOAR/D OF Ct~,U_N~TY COMMISSIONERS
DEPAR TM~'.~ OR UT1LITY SER VICE~
18~0 2$th ~t~.~g. V~ Ba~h. Florae Jg960
DEP~T~NT OF-UT~ILITY SEB~I~S
page. If you ara not r~ceiv~ng clearly, or do ~ot have all the
pa~es at ~e end of ~is tr~nsmis~ion~ please call Shellie Ntgg a=
(407) ~7-8000 Ex=. ~94 ~
(FAXCO"~gR. AA)
~U~ L? '~6 01:00P~ [ R CO UT~L~TI~
TO:
AND ~TAF~ED
SUBJECT=
(NAGS~A.JDC)
ZNDZAN R:
JUNE 5, 1996
JAMES E. CHA
COUNTY, F~ORIDA
On November 21, 1995,
proceeding with the
item and ~inutes. ) At
utility system, a County/¢l~
agEeement") was entered in
Indian R/var County. (Co~y
and bonding fo= ~e
Under Section C of ~he ac
Chapter 170 of the Florida'
The ¢~t¥ ~h~ll conduct a h~
levy the ~pe¢!al assessment
would =on~titute complete a~
such specia~ assessments.
on May 7, 1996, a let~e= (cc
City of Sebeatian through it
with c~piee of ~e proposed
parameters, assessment =el
proposed assessment, etc., a
the City to conduc~ a hear~
levytng the special asseesm~
On May 30, 1996, a r~epcne~
Frame, city Manager, (copy
c~:unty tO do the assessment:
~rojects and that the City
Dot!ce as per the agreement.
~eba~tian is in ~otal suppol
with all intents of the int~
is required ~o do the ~sess
purchase agreement (copy
set up an MSBU.
;ard o~ c~unty Oommi~sioners approved
: as. presented. (See a~tached agenda
Lms o~ ~he acquisitic~ of the Sebastian
~.of S~bastian u~tli=y agreement ("the
:o between the City o£ Sebastian and
attached.) The ~urchaee o£ the utility
~em expansion.
Statutes, the County may request t~e
~sessmen~ for the water improvements.
taring %o determine if the City would
, pr:jacks. This could be done undmr
, o~ waive it~ right to do so, which
full authority for the County to levy
py attached) was hand delivered to the
City Manager, Thomas Prams, together
project, estimated =oet~, geogra~hic
1, maps, a~d methods used ~or the
required in the agreement, requesting
ng and make a determination regarding
~nts.
letter was received from Mr. Thomas
lttached) stating "the City wants the
and proceed with the water expansion
would be willing to waive the ~O-day
" Mr. Frame also stated, "The city of
it of water line extensions within the
~red to move forward for ~ull ~upport
irlocal agreement." ,,
ithat a ~unic~pal ga=vice Benefit u~it
tablis~ed (by ordinance) £.f the County
men=. The City of Sebastian pae~ed an
ch was made part of the into=local
lobed) granting the County the right to
.P-~MMENDATIO~
Based upon th~ above analy~
In order for the County to
following actions:
Adopt an ordinance setting up an MSSU District for ~he 9urP~ee
of condutimg special assessments and holding public hearing~
astian.
The ~card of COUnty
mi~sioners act ae the hearing Board and
or special assessments within the MSSU
Taka ~o action, and the C~unty would accept new customers w~en
either the city or ~rivate ~evelopers build water li~me to County
~ecifications.
JDC:nr
A~PROVED FOR AGENDA
~Y
James E. Chandler
Cou~ty Ad~ini~raCor
~ata
,%
M~y 3, 1996
Cky M~er
Ci:Y of Scbasdsn
1225 M~*x S~'~[
Sebastian, FL 3295~
01:01RM I ,R CO UTILITIE~/
BO{Ri) OF COUNTY ¢OMM3$$IONXR$
CITY OF SF~AS~ WAT-r.K
2~D~ ~ COUNTY
Dear Mr. Frame:
County has comple~e~ ~ preikoit~
Cou~r,//C[:? of S¢~asci~ U~lity At
6.07 (C)), r~ Cou~ ~, requ~dz
Lmprovem~m ~der d~ ptovisio~ of
f~c hydzano, ~tc. m provi~ pcmb[~ wa~
orders. Tim cost of ~on.~m~on w~ be
_~quarc ~oo~c o~ ~c pmpcW
m~ County. Iai~y, ¢onsu-.:~on
~sm~:~ f~ will pot bc
then be paid. in fuil, Or fm~uce~, ova:
The following is iaclud~:
II
(I
)JECT - PF.A~E I
CT NO. U~-95-Z2-DS
' d=.si~ for r~c ~bove-r~fes~.uced projec~ ~c ~o
=~em (~ec~y S~o~ 4.~ - 5.07
of ~ C[~ ~ ~pose ~ specim ~s~sm~t for wat~
~ ~70, Flon~ 5~c~ or m ~c
showing rim .m'oposed esseesm~t for eac~
.Mr. Thomas W. ?tame
May .q, 1996
Page 2
~pmvemen~ ~ ~ ~m ~
Fo~o~g ~ ~ony ~ ~e ~ng. ·
· e speci~ ~sessm~. ~ ~e Co.cfi ~
S~d you n~ ~ ~si~c,, ple~
770-5~2L
Michae/C. Hotchkiss, P.E.
MCH/¢
Te, rranc~, C-. Pimto, D/r~mr of Utili
Harry E. Aaher, Assisma; Director
W~Iliam F. McCaia, P.E., Capital
Earl Masmfler, P.E., Masm~i~: ami
(MI-15SEB 1 \CITYM~NG.Sga~f)
(CL ai~r r~ivi~ '~¢ a~ove information, ~¢ City
m I70.08, Flor/da Starams or r~ Ci~s pmc~dure~ for
:a ~o t~e proprio~y a~d a~sabii/ty of mak/ng the
Count/1 ~ wake ~ d~cisio; on whether tn lev7
not ~o 1~ ~ s=eci~ ~se~, ~ Co~
~nw for ~e Co~W ;o ~ su~ ~cc~
Dan ~aastain a~ 770-5324 or ~ Piotch~ss a~
JUM 17 '96 Oi:OZPM I R CO UTILITIES
On october 11, 1995, the
Ms'teller and Moler,
constructed over the next
proceeding with the
item and minutes.)
14
11
11
I6
This area includes al! or
2,182 lots, and 7 tracts an(
(NS;BI,JOt)
N IIIGIILANDS WATER =XPARBION
IVEn COUNTY PROJE~ NO.
.fy of Sebastian's el~y Council approved
· , as the engineering firm for
tvs years: and on November 21~ 1995, the
~d o~ County Comm£ssioner~ appr=vsd
:t aa presented. (See attached agenda
~ located sout~ of CR 512 and ees~ of
Sebsstia~ Ht~hlands:
13 31 3~
? 31 39
18 31 39
19 31 39
~r~lons 0£ 114 blocks. IncZuded are
[ non-platted parcels. There are 2,003
zes a~e .cS acre, plus or sinus. ~ots
Health unit, Division of ~n'~ironmental Health, whiuh require ~a~
new lots utilizing we~l and ~eptio systems he a minimum o~ one-half
acre. Lets not meeting these minimum standards are ualled
"~nder~ized lots."
project. This project ia
interim, financing will be
Engi:leering design services
Meier, Inc. We are now r~
associated with t~ls proJ
per square foot is $0,13994:
~lile the purpose of this
availa~le ~o all properties
area ~ere remain 1,150~ plat
the future when ;Crests are
JOT:er
proposed water line route. I~ the
through the use of impact f;e £unde.
have ~een completed by Ma;teller and
331,1~9.94. The total estimated oos~
(rounded).
project ia to mare water service
within the project area,
ted, undeveloped lots lacking adequate
~roperties may need to be provided in
improved to allov access,
$~ASTIAN WATE
PR~-LJMiNARY ,~
EXPANSION PHASE I
,$SESSMENT SUMMARY
INDIAN RIVER COUNT PROJECT NO, U W-
EST]MATED TOTAL PROJECT CCNSTRU(:~CN COST
TOTAL BRISTOL STREE. T CONSTRUCTIOt~
-~ST]MATED TOTAL ASSESSABLE CC)NET.
~ROFE~(DNAL ENGINEERING
SURVEYING
ENGINEERING
INSPECTIONS
F..STiMATED TOTAL ENGINEERING SERVI(
=_ST]MATED PROJECT F_XPENSES
A$SE$;$MENT PREPARATION
COUNTY UTILITIES ADM[NISTE
COUNTY UTILITIES ENGINEERI
I=ERMI'I'rlNG FEES ( F. D. E.
ESTIMATED PROJECT EXPENSES
-ZST1MATED TOTAL PROJECT .COST
( DUE TO ROUNDING-ASS
---,~TIMATED TOTAL AS:$ESSAELE SGUAR
EST]MATED ASSESSMENT COST PER SC
~CUNDED
COST
COST
$9,530.79
:ES
$74,2.60.00 ~
$144,250.00 ...'
$15,685,00
· ~T[ON $4g, 102.00
NG 1 INSPECTIONS $28,000,00
= FOOTAGE
UARE FOOT
ESSMENT ROLL ~RINTED )
23,~02,560
$0.13994850932
$0,139949
$2, gSg, 83o.7g
$281,215.00
($3,331,132,79)
$3,331,13g.94
Your letter ind~m~ee 8xac according; tn d~e ~rex/ocel
S~on (~ ~ ~e ~ ~ ~ a h~
~ ~p~v~ ~d ~ ~ ~~ .~_~eu~
· e ~g ~d ~ ~ ~ r~ pul ~ he~.
You may ~ may hoc be aw~e ~at ~:, ~g h~d ~ ~y ~ 2L I996, 2~ ~ ~e
a.pnon ~ 27, 1996. ,
/
i
un.it m be esrabLizhed by ~e Coun.~r. Aa:az
und, e~ ~.be prav~,aans o£ Se~/on 6.0'7 ~J~) wi~'
City ~O daFs no~..e? TI~ woulcl save the u~,zd,ue nie~nnaze of ~nulliVle bee. rin~ and not'ices for bach
the citlzeme e.ud ~he *;wo effected local ~averamen~ and save ~he
add ~ha~: Z mn sure chaz :he Ci~ C~uncil wc ukt be willin~'m waive ~e $0 days if meque,md
o£ che bom//seue. Pleeee advise i/bonds be
~/of Sebas~,u to proceed under*.he prov~io~ o~ ,~ec~on
fic~Lty who has been empowerecl by the Indian River
~aid ~ec~n? ~ would have assumed the~ ~he ~iecieion
'oun~ ¢om',,,'i,,eionem~ c~ =be Count7 adminia~acor.
t~= have been co,pied, an tim ~ 3~ le~r, ex, I ~e
~ eo emt~owezed. P!eeee ~./v~e.
~e ~.~% bam~ ~ar~ed far ~he pxivileqe.of ~uan~u~ thL~
lpAAmlce with Set. on 170.09 F.$.? As [ zead ~s~ sec~on,
k~.ve been, issued, you mmv only chaz~ 1,% over *J:m z'ar, e
ve been issued., ami if e,o, ar, whaC ra~?
,-~, ~e Ci~ of Seba~n is fix u~aA sulr~m-~ of wa~ Rue
~e~Ards ssso,~,a~d wit~ a pu~ic wa~r supply iyarmn
ic ranks is a ~mendous heaJXh mi/~a~/on hnprovemen~;
for ~he CiWs cflizans. Addi~7, ~he rec.-eased t.~ pror~ec~on w~ ~ be av~ c-e~o~ be
move fo~
S~cezdy,'
~: ~e Ho~ CiW C~ ~ ~eb~
3UM L? '~6 OI:OSPM ! R CO WTILITiE~
and hold harmless the City
including attorney fees a
acquisition of ~he System
specifically agrees and
indemnification and save ha
and wastewater uttli=¥ fund
City will hold the County
arising out of the case st
De~eloDment~lties. Ina.
0202-CA-03
Florida..
filed in ~he C
ORDL~U
closing
consenting'to ~hs impositic
relative to the provisio~
P,lO
[~ICa~IOM. The County shall indemnify i
from any claims, damages or Judgments, I
nd costs, arising from the county's
and opera=ion thereof. The County i
~uarantaes Chat it shall fund Chis
rmlsss covenant from the County's wa=er
The County will not indemnify and the
harmless from any and all liability
,led citrus utilities~ In~ v Genera!
and City o/.~eba~tia~; Case Number ~4- ·
~r~uit ¢our~ of Indian River County,
I
the City shall adopt an ordinance I
~cllities or programs. Suc ordinance shall only becone effective
_
upon closing on the transf ~r of ~he ~ebastian Utility System as
_
contemplated herein and sha~l be in suhstant~ally~he format=ached
her o as Appendix C. Th~ City' on ~he written request of the
county shall adopt an ordinance consenting to ~he establishment of
municipal ss=vice benef, uni~ or the imposition of special
a
assessments by ~e ¢ouAt¥ w~thin ~e City for ~he express purpose
cf the County providing Water and wastswatsr utili=y service
facilities.
12 o~ 38
I? , 3UM 17 'S6 01:0~PM ! R CO UTILITieS P.11
8BCT~ON ~,05. O~B~AT~O~ M~D ~~. The County shall
~Ve exclusive pos~ession o~ ~nd ass~ all =espons~ili~y
operation-an~ ~in=mnan=e o~ ~e S~as~ian utility Sys=~. The
into =ne County' s existing water~' ~d wast~wa=er utility system and
_
shall cons=~c=, e~and, ~~in, repair,
operate
and
administer
=he r.sul=in~ co~in-~ wa:er]and was~.wa:~ u=ili=, .y.~em in an
orderly and effzcien= ma~ne~, ~d c~llec= and account for all
revenues derived ~ersf=om. ~e Cowry shall have an affi~a=ive
d.u=y, and is her~y au~orize~ by the Ci=y, to provide, in a manner
con~i.:.n: wi= ti- ~r.~.n~, wa:= and w.s~.wa~= ..~lc. wi~hi~
th- incorpora:.d_ ar.. ~ ~=. ~i~y und.r =~=~ ordinanc..,
resolutions, rm~la=ions, and policies r~gardless of whaler a
' ~ ~ ice b ~e
o= p~cel of land connec=~ wi~ or provided $ ~ Y .
Cuun=~ s w&=sr and was=~wa=a= sys=~ is locatea in the
or unlnco~oratad-~ area.~
law.
nei~er
=~e City nor ~e County will grant
ce~ificaCe of auChorizaCic~, or pe~it to ~ parson,
co.oration, or p~lic body, aqen~ or inst~entali~y wha~oever
(.o~er ~han ~- Co~y) fo~ ~e f=nis~lnq of water or was~ewa~ar
semites =o or wi~in ~he Ln to.ora=ed ~ea of ~e City.
19 O~ 28
..]rUM 1'7 '96 01:04PM I R CO UTILI~TE-'R P.I~
adequate trea~men~ capacity
au~orit¥
was=ewa=~r ~an~ission, dis~r~union or collection facilities and
improvements,
=au~e
Co~y ~rea~ facili~ie~, and inpose specia~ asaessnen~s
and au~ori=~.
power
J
~eref~re upon
area of
o~ its in~en=
~n ~co~ora=nd ar~a of =h~ Cit~J a~ provide a period of 60 days
proposed
upon benefit=ed parcels. SuCh notice fr~ =he County $~ll ~clude
a description of =he pro
assessment pla=, estimated ~
=he proposed ne~.l~od and es
Proposed apportionment me~hc
each benefit=ed parcel.
(C) The County May
special assessment for ware
provisions of Chapter 170,
plane and specifications, an I
)2al coed, a proposed asseismen= roll,
~ima~ed costs of financing, and the B
d showing =he proposed aoeessment for
ues= in wr±Cing tha~ the City impose
or wastewaCer improvements under the
.orida Statutes ur in the alternative,
20 of 28
~ .. County shall include a d~=rip=ion of the ~roje=.=,.' .Rlan~ and
"sPecifi~a~on~', an assessment ~la=, e-tiaa=ed to=al co.~, a
of financing, and .the proposed appor~ionment method showing the
proposed assessmen~ for each benefitted ~arcel. After receivi
such. information, t~he City
Section 170.08 F.S. or =he
shall conduc= a hea~ing under either
City's procedures for levying a home
to the propriety and advisability of
funding ~hemwith special asses~men=s.
~he hearing, the Council shall make a
making the improvements and
final ,decision on whether t= levy the special assessments. I~ t-he
Coun¢~! el.c= not to levy ~. ,p-cial a.sessm.n~s, the C~un~:y may
proceed by law to le~ ~hm special asses~n=s ~d ~e ci~y's
election no= to levy the
I complete and full authority
assessment.
(D) Any construction,
was=ewa=er ~ransmission, dig
improvements and any connect:
system shall comply with a]
connection requirements adc~
(E) The City will own
which are constructed with f~
special assessment shall constitute
for the county =o levy su=/'l special
acquisi~ion, or ex. ems&on of water or
=ribu~ion, or collection facilities or
~ons =o the county wa=mr or wa~mwa=er
1 uniform construction standards and
=ed by ~he County from time to time.
any water or ~astewater improvements
nds for which the City imposes special
;v~men:s arm cons=l'ucted, ~he City may
to the County and the Couhty shall
assessments. A~ter t~he impr~
~ransfer such improvements
accept ~he improvements as
While ~Ae improvements are £:
shall opera=e, maintain, tel
improvements as if =he i~
utility system. The County's
replace such improvements sh
utility charge to i~s custom
(A) ~e cons=~ction,
which affect the
servic~provided or availablt
City shall be consistent w
comprehensive plans adopted
Florida Statutes; pruvlde,
comprehensive plan shall =
construct, expand,- or per~o]
facility which will
a~reemen=s =elating ko any
either ~he c~un~¥ or ~he
(B) The coun~¥and~he
o~Jec~ives =u extend and expa
system ~o.be operated by the
incorporated area of the
(1) Wi~in lS
par~ of t~e County Utility System.
~e owners~i~ of the city, ~he county
,air, and replace, ~f necessary, such
:ovemen=s were par~ of the County's
cost to operate, main=sin, repair and
~11 be included in t~e County's usual
~xpaneion or acquisition of any wa=er I
ili:iss ~y ~he County, or ~ajor
~uantity or ~/ality of ~he level o~ ·
within the ~cu~ora=ed areas of ~e ~
~e applic~le local g~e~ent
p~suan~ to Chap=er 1~3, Pa~ II, ~
however, no local guver~ent ~
~or al=ara=ion of any p~li~ ~
~e impai~ent of covenants and
~o~s or o~er obligations issued by ~
:t=¥ hereby establish common goals and ~
nd the .r~sul=ing: water an~ was=ewe=er ~
~unty ~oth inside and outside of the
'.he o~ the transfer o~ the Sebastian
Is contemplated in this A~reemen~, to
JUM 17 '96 01:05PM I R CO UTILZTIES P.15
furnt~A wa~er ~e=vice go ~11 lo~s or parcels wi~in ~he area
designated a~ Dbase I on A~ ~e~dix E hereof.
Utili~ Sys=em =o ~e Coun=~ as c~n=~pla=sd in ~is ~r~emen=, =o
fu~is~ wa=~ se~ice to all lo=s or parcels wi~in ~e area
desi~a~ed as P~ase II on Appendix E hereof. '
(~) Within 54 mcn~s of =he =ransfar' of ~e
Utility Sys=em =o =he Coun=~ as con=~pla=ad in ~is ~r~ement, to
furnish wa=er or parcels =he ar~a
se~ice
desl~na=ed as P~ase III of ~pendtx E ~eof.
(4) To =imely coopera~s, plan, advance, e~and and
assure su~ ==ea~e~= cspa~i=y is availab.le conc=~n= vi~ the
h wa~ or was=ewater se~ce earlier
~h~ in ~is Sec=i~n if a p~lic health
d for such se~ic~ ma~es =he se~ics
The C~un=y will ~urnis
than =he ~ime period e~=ablt
problem occurs or ~he dema]
economically feasible.
The Ccun=y will pr=vide
the ins=alia=ion of p~lic
i approved by ~e ¢i=y and ¢.
ser~ice.
wastawaCar service simul~aneously
~ater service in any designated area if
ce in wri=ing, and ~he County has the
LC¥ available and a financing plan
~unC¥ is developed for providing ~uc~
23 of 28
UTiLiTIES
F!o=ida (~he "CouP=z")
Sebas=ian (~M.a "Cirri")
.:r:v~_ain~ for ~e ~rans~az
ard£nan=a saal! he
I ~,
S~CTION !.04.
~T.~C~'
law.
,~ DA~. This 0rlina~¢m saail UaXa
I
I
I
i
i
I
I
I
.... WH?.R~S., Indian River Co.~n~y, Florida, a ~oliticai
In=arlocal Ag=mement Provi~q f~r the T=an=fe= ~d A~umot~n of
~AS, Sectlon ~.02 ~f the In=er!ace!
re~rmmentations and ~arranti~s ~ermin.
loll owing:
!. ~ha= the _r~presen=a=ion~ and wa~an=ie~ of =he City in ~he
"~=,spec=~ as off =he da=. Aeraof ~i=h =he ~am. effect as i= suc~
agrmementm =m~rm~ by~ ~e In=~rloca! Agrm~en~
hereof, unless '~a~ved in
writing by the Coun=y.
,,,,,,,,,,
T~ CITY OF S~ASTI~,
Mayor
of this ~ day of ~
I
ATT~-$T:
KATMRYN H. O' HA/~RA~,
City Clerk
APPEN~I-~ "~"
D-!
MINU2 ES ATTACHED
BOARD OF (~OUN"rY C~OMMI~iONEFI$
HARRY A~HER A o E N D A ~~~.
)0 A.M. - C
COil'
Karme~ R. M~h&, Chatunau (Di~
Flxu B. Adamm, Vica
Richard N. Bird 0Disu'ict 5)
C{xolyn K. Egger~ (Dimtfici 2)
Jotm W, Tippin (Diserict 4)
9:00 a.m. 1.
(DJ
(Except SWDD)
rict 3)
strict 1)
veil{ beeoma ~l~ off]emi tumuli,
C, harl~ P, Vituuac, County Atlomey
'$effi'cy ~ Barton, Clerk to thc B~
Proclamation in Rcco~d~ of All
of Ocmbcr .?.4,
br ~ii~tamm on .qacti.n 8 Annual
~n~ Cun~rnr~ A 3409V
~ ~ted Novamb~ t4, 19~5)
Bud. g~_Amcn ,dment 005
November 14, l~)~)
Request br Board Approval of?:n~ta~ Release
ora Cm~vadon F. aacum~ at Zadi-n River Club
(memoTum dart4 Nov~nt~r 3, 1~95)
Je. mea E. Chndl~r, County Administrator
I~CO
10.
11.
A.
C.
Cons~c
Preps,
z~ion
~'I=A L MATT~'I~.q
Appmv~ of Memorandum o! Undetsumding
~mbli~hiug A~unct Co~ ~z~ion
~ U~i~ of~o~ ~ FIo~da Y~ &
N~gh~d (~) Pto~
(~or ~ ~ N~ 15, 1~)
Nou~
'N~
~~ ,,.
~ ~ ~~ 8~i~ f~ V~ous
C ~p~
A ~v~ ~ght~f-Wey A~uisi~.
O fie ~ ~ ~7~ Av~
~olu~o~ 1 md H
(~~ ~ Nov~b~ 1, 1995)
(m~d~ da~ N~ 14, 199~)
~s~ Ave. Wa~ M~ ~h. I, -
O~r No. 1 ~d M~ Pay
Oi:O?PM I R CO UTILITIES
The Board o~ Coun=y
~. Adams. Vice CAamrman;
Administrator; Charles P.
Jones, Deputy Clerk.
Chairman Macht called
Vt=unac led the Pledge of
ADDITIONS TO TI{E AG~N
Chairman Hac~t requee'
November 2~ to
Botanical Garden~
November 21, 1995
~aion a~ ~e Coun=y Commission chambers,
a~, Florida, on Tuesday, November 21,
Llchard N. Bird; Carolyn K. Egret=; and
Vi~unac, Coun=y A==orney~ and
%lleqtance to the Flag.
:sd t~o additions =o ~oday~s Agenda:
Decemblr 2, 1995~ as ~cKae
Adnintstrator chandla: requested ~he addition f
discu~ion o~ Sou~h ~eecb bs~aclee.
Adams,
PROCLAMATIONS AND
Chairman ~ac~
Dennis Saver, chai=ma~ of
NOV*EMbER 21, 1995
it~le Board unanimously added
~anda.
10,
~ENTATIONS
:ed ~he followin~ ~r=clama~ion co Dr.
:e I~dian River County Hedi=al'Socie~7,
~. 22
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project engineer
be approved th=ough the C!
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project involving 3-~,000
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s~ioned~e assessment figure of $1~,400
lad that stall does par~ of i~ but ~hat
up £~ the communi~ of Sebas~tan. The
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to explained that t~ie is a very large
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A~=~oriza=ion wi~ Mas=~lle=
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WO~ AUTHORIZATION ~IS ON FILE IN TH~
T~8 ~Q~rd r~vie~ed a ~mo~afld~m of ~o~er 1~, 1~95:
O~
B
NOVEMBER 21, 1995
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 g FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
Ordinance No. 0-96-10 - Centralized
Procurement System DEPT. ORIGIN:
DATE SUBMITTED:
APPROVED FOR SUBMITTAL:
MEETING DATE:
EXIIIBITS:
O-96-10
IExpenditure Required:
Amount Budgeted:
Appropriation Required:
S_UMMARY STATEMENT
City Council received a copy of proposed Ordinance No. 0-96-10 on May 21, 1996 for review
and recommendation. This final draft in your agenda packet includes revisions suggested by
Council members and staff since that time. The changes are shown in legislative format.
RI~COMMENDATION
Accept Ordinance No. O-96-10 on first reading and schedule a public hearing for July 24, 1996.
ORDINANCE NO. ~-/~
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING AND PROVIDING FOR A
CENTRALIZED PROCUREMENT SYSTEM FOR THE ACQUISITION OF
GOODS AND SERVICES FOR THE CITY OF SEBASTIAN; ESTABLISHING
A PURCHASING AND BIDDING POLICY; PROVIDING FOR SEALED
COMPETITIVE BIDDING ON PROCUREMENT IN EXCESS OF $$,000.00;
PROVIDING FOR OTHER METHODS OF COMPETITIVE BIDDING ON
PURCHASES UNDER $$,000.00; PROVIDING EXCEPTIONS; PROVIDING
FOR THE LIMITS AND DELEGATION OF PURCHASING AUTHORITY;
PROVIDING FOR THE ESTABLISHMENT OF ADMINISTRATIVE
GUIDELINES FOR PURCHASING PROCEDURES KNOWN AS THE
"PURCHASING MANUAL"; PROVIDING FOR THE REPEAL OF CERTAIN
ORDINANCES, RESOLUTIONS; PROVIDING FOR SEVERABILITY:
PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN CITY OF
SEBASTLAN CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian desires to establish and
provide for a Centralized Procurement System for the acquisition of goods and
services.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, THAT:
SECTION 1.
POLICY STATEMENT:
(a) Whenever practical, pubhc procurement will ascribe to a competitive bid
process. Ethical requirements coupled with the necessity to maximize the City's use
of public funds dictate the use of a competitive bid system; to that end this Ordinance
is dedicated.
SECTION 2.
PURPOSE:
(a) City policy and Florida Statute Cliapter 287 requires that fair and open
competition be the basis of all public procurement. The creation of competition
increases the probability of the City receiving an accurate and fair price while reducing
the appearance and opportumty for favoritism thus inspiring public confidence; to that
end this Ordinance is dedicated.
(b) To establish a centralized procurement system under the management
supervision of the City Manager who may delegate such authority as deemed
applicable, to the Assistant to the City Manager/Purchasing Agent, or others, to
facilitate the day to day operations of the Purchasing System.
SECTION 3.
A. Sec. 2-91. CENTRAL PROCUREMENT SYSTEM:
There is hereby established a Central Procurement' System which shall
function in the City Manager's Office through the Assistant to the City
Manager/Purchasing Agent, and deemed appropriate and budgeted by the
City Manager and approved by City Council. All procurements for goods
and services for the City, except those goods and services excluded from
the application of th/s Ordinance, shall be effected through the Central
Procurement system.
EXEMPTIONS: This Ordinance shall not apply to:
1. Purchases between the Council and non-profit organizations,
other governments, or other public entities, and intragovernment
serv/ces.
2. Purchases of dues and memberships in trade or professional
orgamafions, subscriptions for periodicals, books (maps,
pamphlets and s/m/lar material), advertising works of art for public
display, medically related professional services, employee benefit
related purchases, room or board for clients or employees, water,
sewer, electrical, cable television, telephone or other utility
services, postage for meter machines, personnel services, shows,
displays, or cultural events sponsored by the City.
Purchases made from petty cash accounts.
Contracts for attorney services and other legal services shall be
secured by negotiation by the City Attorney as approved by the
City Council.
Appraisers and expert witnesses for condemnation matters and
similar services shall be negotiated as directed by City Council.
Purchase of real property.
Procurement of goods and services as part of the process of
apprehend/rig persons suspected of violating the law and towing
services.
Pta-chase or procurement of other personal or professional services
unless Florida Statute requires purchase or procurement in
accordance with a procedure established by Statute.
COOPERATIVE PURCHASING:
Joint Bid: The Purchasing Agent shall have the authority,
subject to approval of the City Manager, to cooperate with other
local governments or other public entities, m the development
and use of mutually cooperative procurement' contracts or master
4
agreements. Such contracts or agreements, irrespective of the
sponsoring entity, as they pertain to the City, shall be awarded
through procedures substantially equivalent to the requirements
of this Ordinance and therefore shall not require Council approval
if under $5,000. Ail purchases over $5.000.00 shall require Council
a_a_a_a_a_a_a_a_a_a~p r o v a 1.
Piggyback: The Purchasing Agent shall have the authority,
subject to approval of the City Manager, to ut/lize contracts or
master agreements of State, Federal or other local governments or
other public entities to procure goods and services, if the vending
contractor extends the terms and cond/tions of the contract or
agreement to the City of Sebastian and the contract or agreement
has been awarded through procedures substantially equivalent to
the requirements of this Ordinance and therefore shall not require
Council approval if under $5,000.00. Ail purchases over $5,000.00
shall require Council approval.
Offers Lower: The Purchasing Agent shall have the authority,
subject to approval of the City Manager, to procure goods and
services, if the purchase is with a person, firm, organization, or
corporation whose offer to sell to the City is at sale price for that
commodity equal to or lower than the existing Piggyback price for
the same or equal commodity being sought and therefore shall not
require Council approval if under $5_000.00. All vurchases over
$5,000.00 shall require Council approval.
SOLE SOURCE: A contract may be awarded for goods or services
without competitive bids when the City Manager or kis designee
determines in writing that there is only one source for the required item.
Approval shall be in accordance with the dollar threshold established by
this Ordinance.
EMERGENCY PURCHASE: Where City Council or City Manager
finds it to be in the best interest of the City, they may declare the
existence of an emergency procurement condition and based thereon, the
Purchasing Agent may suspend any or all provisions of this Ordinance
and authorize an emergency purchase. The City Manager shall have
approval authority up to $20,000.00. All emergency purchases over
$5000.00 shall be reported to council as soon as practical.
6
As used m this Section, the term "emergency" means a sudden unexpected
mm of events that causes:
1. An mediate danger to the public health or safety;
2. An immediate danger of loss of public or private property;
3. An interruption in the delivery of an essential governmental
service; or
4. An interruption in the normal function and operation of any
City department that would result ha a work stoppage or other
substantial monetary loss.
AUTHORITY OF PURCHASING AGENT: Unless otherwise
provided for in this Ordinance, the procurement of all goods and services
shall be under the supervision of the City Manager as designated to the
Purchasing Agent. The Purchasing Agent shall:
1. Procure or supervise the procurement of all goods and services
where author/zed by the City Manager except as otherwise
provided for hereto.
2. Coordinate the requirements of various departments and invite
widespread competition m the procurement process in the
fulfillment of those requirements.
Acquire at the best possible price, consistent with the specified
quality and suitability, the goods and services necessary for proper
and efficient operations of the City of Sebastian.
Maintain centralized focal point where all purchases, except as
exempted herein, will be effected through, including the pertinent
data files of the purchasing activities of the City.
Ensure fair, equitable, and uniform treatment of all person (s) who
deal with the procurement system of the City.
Ensure that specifications are developed to permit competition
among businesses whenever practicable.
Sign duly issued Purchase Orders.
May question the quality, quantity and kind of items asked for and
may conduct adjustment negotiations in order that the best interest
of the City may be served.
Consult with the City Attorney and establish contract clauses
appropriate to meet standard needs and special needs as it pertains
to contracts for supplies, services and construCtion.
10. Perform other related duties as may be assigned by the City
Manager.
DELEGATION OF AUTHORITY:
Subject to the approval of the City Manager, the Purchasing Agent may
delegate his authority in whole or in part to designees within the City.
PURCHASING MANUAL: The City Manager shall adopt and amend
as circumstances require, a City of Sebastian Purchasing Manual
("Purchasing Manual") which shall govern the City policies and
procedures in procuring goods and services.
1. The guidelines for the procurement of goods and services
contained in the Purchasing Manual shall be consistent with the
procedures established under this Ordinance.
PROHIBITION AGAINST SUBDIVISION: No contract or purchase
shall be purposely subdiv/ded to c/rcumvent any requirements of th/s
Ordinance.
NOT TO EXCEED BUDGET APPROPRIATIONS: No purchase or
contract shall be made in excess of the amounts allocated from the general
fund for the general classification of expenditures in the budget for the
then current budget year. No expense of a special fund shall exceed the
amount of money available to that fund.
EVALUATION CRITERIA: Except as otherwise exempted m this
Ordinance, all purchases and or contracts shall be awarded based on the
following criteria but not limited to:
1. The lowest responsive and responsible vendor/bidder
2. The lowest price
3. The ability, capacity and skill to perform or provide within the
time specifications and without delays
4. The character, integrity, reputation, experience and efficiency of
the vendor/bidder
5. Prev/ous experience with the vendor/bidder
6. The financial strength of the vendor/bidder
7. The suitability of the goods or services being offered; making
sure that the life expectancy is taken into consideration.
8. The availability of parts, repairs and service and warranty
9. Tie bids will be decided by drawing lots. Local vendors shall be
chosen for award, under "a tie" situation, ordyff all other things
10
are equal.
COMPETITIVE BID CRITERIA: Any request for the purchase of
materials, equipment and supplies unless otherwise exempt under this
Ordinance is subject to competitive bid procedures as follows:
1. Up to $250 - Two or more verbal quotes where practical - No
Purchase Order reqmred. Department Heads authorized to
purchase goods and services as directed by the City Manager.
2. $251 - $2,000 - Three or more verbal quotes - Purchase Order is
required.
3. $2001- $5,000 - Three or more written quotes. Purchase Order
is required.
4. Over $5,000 - Formal written sealed bids - Purchase Order is
required.
APPROVAL OF SERVICE AND PURCHASE AGREEMENTS:
Except for emergency purchases provided for herein the following
Agreements shall be submitted to City Council for approval:
Lease Agreements
Lease Purchase Agreements - In Excess of $5,000
11
Funding Agreements
Construction Contracts - In Excess of $5,000
Professional Service Contracts ~ In Excess of $5,000
Grant Agreements
~ The City Manager or h/s designee is authorized to execute all
agreements and contracts "'~'~'
FORMAL LEASE AGREEMENTS & CONTRACTS: All Lease
Agreements, or formal contracts shall be approved as to form and legal
sufficiency by the City Attorney.
WAIVER OF BIDDING PROCEDURES: City Council may waive
or modify the bidding procedure for good cause.
PROFESSIONAL SERVICES: Professional services of architects,
engineers or registered land surveyors and mapping shall be obtained
following the procedures spec/fled in Section 287.055 F.S.
FORBIDDEN USE:
Procurement System shall not be utilized by City employees, agents or
elected officials for personal use.
12
To
DOLLAR THRESHOLD: The following shall be the approving
authority for all purchases except as otherwise stated m th/s Ordinance.
$ Up to $ 1,000.00 - The Purchasing Agent shall be the approving
authority.
$ 1,001.00 - $ 5,000.00 - The City Manager or designee shall be the
approving authority.
Over - $5,000.00 - The City Council shall be the approving authority.
PUBLIC WORKS: Public Works contracts, as defined in Section
180.24 F.S. shall be bid in accordance with that Section.
EXTERNAL GRANTS: The City of Sebastian shall take advantage
of funds made available to mumcipalities (grants) by governments,
government agencies (state, federal) and other sources, for knplementing
projects for the public good. The City Manager or designee shall
administer all phases of the grant.
Note: In any situation where compliance with this Code will place the
City/n conflict with the State or Federal law or the terms of any grant, the
City shall comply with such Federal or State law, grant requirements, or
authorized regulations which are mandatory applieabte-and which are
13
either not reflected in this code or are contrary to provisions of this Code.
SECTION 4.
A. Sec. 2.92 COMPETITIVE SEALED BID {OVER $5,000.00): Cost
in excess of $5,000.00 shall be upon invitation for bids unless otherwise
exempted by this Ordinance. A notice of Invitation to Bid shall be
published at least once in a newspaper of general circulation in the City
as follows:
1. Construction Projects projected to cost more than $200,000 shall
be advertised at least twenty-one (21) calendar days excluding the
day of the ad, prior to published bid opening and at least 30
calendar days if more than $500,000 and in either case at least five
(5) Calendar days prior to any scheduled prebid conference.
2. All other advertising shall be at least fourteen (14) calendar days
exclud/ng the day of the ad prior to established bid opening. The
newspaper notice of the invitation to bid shall include a brief
general description of the goods or services, a statement informing
bidders of Section 287.133 F.S. (A) Public Entity Crime, and
location where bid documents and spec/ficatioris are available, and
14
Co
specify date, time and location at which bids will be opened.
CONTRACT RENEWAL: The r~,,-,.~,~,, ~ ~,,~ Cirv Manager or his
designee shall have the author/ty, subject to approval of the City Mmmge~
Council, to renew any contract which was awarded through the
competitive bid process and approved by City Council, providing said
contract contains a provision for renewal and the Contractor/Vendor has
performed and lived up to the term~q and conditions of said contract, and
is worthy of renewal. The renewal contract shall be consistent in every
way with the terms and conditions of the original contract and the City
reserves all rights contained thereto.
CORRECTION, CANCELLATION & WITHDRAWAL:
1. Bidders may be asked to provide further information after bid
opening to determine the responsibility of vendor.
2. Waiver of Techrdcality; Information shall not be considered after
the bid opening flit has been specifically requested to be provided
with the bid and becomes a matter of responsiveness. The bid shall
be considered responsive only if it substantially conforms to the
requirements of the Invitation to Bid. The City Council may waive
15
any informal/t-y, technicality or irregularity on any bid. A m/nor or
nonsubstantive lack of conformity may be considered a technicality
or irregularity, which may be waived by City Council.
Mathematical errors; Errors m extension of un/t prices or m
mathematical calculations may be corrected. In all cases of errors
in mathematical computation, the umt price shall not be changed.
Cancellation or postponement; Any t/me prior to the bid opening
date and time, the Purchasing Agent may cancel or postpone the
bid opening or cancel the Inv/tafion for Bid m its entirety.
Withdrawal; Prior to any published bid opening date and t/me, a
bidder may withdraw his or her bid in writing. A fax is perm/tted
for this purpose, provided that a confirming telecon is made.
Amendments; Prior to any published bid opening date and time, a
bidder may amend his or her bid provided that it is in writing, m a
sealed envelope, and identified.
Addenda and Change Orders; The City of Sebastian recognizes
that changes m the scope of work or quantities necessary,
especially in capital improvement projects, may occur in order to
16
complete a project. In recognition of the above,
establishes a provision which shall accommodate
follows:
the City hereby
such changes as
As used hereto the definition of Addenda - Written or
graphic instruments issued prior to the Bid Opening which
clarify, correct or change the Bidding Documents or the
Contract Documents.
As used herein the defin/tion of Change Order - A document
wkich is signed by Contractor/Vendor and the City and
authorizes an addition, deletion, or revision m the work, or
an adjustment in the Contract Price or the Contract Time,
issued on or after the effective date of the Agreement.
The Purchasing Agent m conjunction with the Department
Head involved shall prepare and process all Addenda and
Change Orders. The City shall be solely responsible for
issuing Addenda prior to the Bid Opening. Should the City
issue an Addendum within five (5) working days of the
advertised Bid Opening date, and the Addendum contain
17
provisions which will materially and substantially alter the
prospective Contract/Vendor bid preparation t/me, the City
shall provide a five (5) working day extension of the Bid
Opening.
d. Either the Contractor/Vendor or the City can imtiate a
Change Order. However, the Change Order must be
mutually agreed to by the Contract/Vendor and City. The
City Manager may approve changes up to 15% of the total
Contract price. Changes in excess of 15% of the total
contract pr/ce or any change in excess of $5,000 must have
the prior approval of the City Council.
e. Once the Change Order has been approved, properly
recorded, and fully auditable, the Purchasing Agent shall
notify the Contractor/Vendor of approval. A signed
or/gnial Change Order shall be retained by the City and also
sent to the Contract/Vendor.
BID OPENING: Bids must be received at the place, date and t/me
stipulated on the invitation, to be considered for award. Bids shall thereto
18
be opened publicly in the presence of the Purchasing Agent or designee
and other interested parties. The amount of each bid, together with the
name of each bidder shall be read aloud and tabulated and open to public
inspection r)er Chapter l 19 F.S.
AWARD OF BIDS OVER $5,000.00:
1. Contracts resulting from the competitive sealed bid process shall
be awarded with reasonable promptness by the City Council by
written notice to the lowest responsible and responsive bidder,
unless the basis of award in the bid documents has explicitly
established other criteria.
As used in this Ordinance, the term "responsible and responsive
bidder" means a bidder whose bid conforms in all material respects
to the solicitation for bids, and who has demonstrated the capability
to peffonn the contract requirements.
2. In the event the low responsive and responsible bid for a project
exceed available funds, and such bid does not exceed such funds
by more than. 15%, the Purchasing Agent is authorized, when time
or economic conditions preclude resolicitation of work of a
19
reduced scope to, negotiate an adjustment of the bid price with the
low responsive and responsible bidder,/n order to bring the bid
within the mount of available funds. Any such negotiated
adjustment shall be based only upon elim/nating independent
deductive items specified in the invitation for bids. The City
retains the fight to reject all bids should negotiations fail.
REJECTION OF BIDS:
1. In all cases of procurement brought before the City Council,
whether by bids, sealed proposals, competitive negotiations or
othervdse, the City Council reserves the fight to reject any and all
bids, sealed proposals or negotiations, and cancel the bid as they
may deem in the best interest of the City. The City Manager and
Purchasing Agent shall have th/s same author/ty when it falls w/thin
the dollar threshold established by this Ordinance.
2. More than one Bid fi.om an individual, firm, partnership,
corporation, or association under the same or different names,
shall not be considered. Any or all proposals shall be rejected if there is
collusion exists among the Bidders and no
reason to believe that
2O
participants in such collusion shall be considered in future proposals for
the same work.
BIDDERS IN DEFAULT TO CITY: The City Council may reject the
bid of a Vendor/Bidder who is in default on the payment of City taxes,
licenses, or other momes due the City. The City Manager shall have th/s
same authority with respect to bids for contracts under $5,000.00.
FORMAL CONTKACT: A formal contract shall be used when periodic
payments are made throughout a project, as is generally the case with
construction work, or when a performance bond (if required) is used. The
contract shall be approved by the City Attorney. The contract shall
protect the City against, but not be limited to, additional costs caused by
abandonment of the work and claims by third parties for non payment.
When this protection is not required, the purchase order may be the sole
contract document.
PAYMENT AND PERFORMANCE BONDS:
1. Construction contracts under $100,000.00 or projects for Public
Works where the contract is less than $100,000.00, shall be exempt
from executing payment and performance bond unless the City
21
o
Manager determines such bonds are in the public interest on a
project. In such event the public notice inviting bids for the project
shall specify the requirements for payment and performance bonds
and the procedures irt sagt3amgr-aph subsection (2) and (3) of this
~ subsection shall apply.
Construction contracts $100,000.00 or over; Payment bonds equal
to 100% of the contract price and performance bonds equal to
100% of the conu'act price shall be provided by the successful
bidder at the time of the execution of the contract. The notice
inviting bids shall specify the requirement for payment and
performance bonds.
Bond Requirement; The bond shall be provided by a surety
company authorized to do business in the State of Flor/da and
approved by the City Manager. In lieu of a bond, the bidder or
contractor may finnish as security irt favor of the City a certified
check, a cashiers check or an irrevocable letter of credit. The
check or letter of credit shall be drawn on or issued by a bank
authorized to do business in the State of Florida. The form of the
22
check or letter of credit must be approved by the City Manager and
City Attorney.
4. Waiver of Bonds; The City Council.may waive the requirement for
payment and performance bonds for construction projects over
$100,000.00 in accordance with the provisions of Chapter 255 F.S.
5. Contract payment when no bond is required; Where there is no
bond required on a public construction project, the City shall
withhold up to 15% of the total contract price until all terms of the
contract have been fulfilled to the satisfaction of the City.
BID BONDS:
1. Construction Contracts under $100,000.00 or projects for Public
Works where the contract is less than $100,000 shall be exempt
fi-om executing bid bond unless the City Manager determines that
such bonds are in the public interest on a project. In such event,
the public notice inviting bids for the project, shall specify the
requirement for a bid bond and the procedures in~--~,-,~,-~--v,-~"~' ....... ~'
subsection (2) of this para~-npk, subsection shall apply.
2. Construction contracts $100,000.00 or over: Bid bonds equal to
23
Ko
5% of the bid amount shall be submitted with each bid unless the
public notice inviting bids specifies that a bid bond is not
necessary. Unsuccessful bidders shall be entitled to remm of
surety after the final award of bid. A successful bidders shall
forfeit the amount of it's security upon fa/lure on his part to execute
a contract within ten (10) days after receipt of a proposed contract
from the City unless the t/me for executing the contract is extended
by the City Manager.
3. In lieu of a bond, the bidder or contractor may furmsh as security
in favor of the City, cash, a certified check, a cashier's check or
irrevocable letter of credit. The check or letter of credit shall be
drawn on or issued by a bank authorized to do business m the State
of Florida. The form of the check or letter of credit must be
approved by the City Manager and City Attorney.
LEASE - PURCHASES: The City is authorized to enter into leases or
lease - purchase arrangements related to equ/pment, machinery or
property needed for City purposes at a stipulated rent to be paid from City
funds. The City may make all other contracts or arrangements necessary
24
Mo
No
SECTION 5.
to carry out the lease-purchase for the City purpose. The City shall have
the right to enter into lease-purchase arrangements with private part/es or
governmental agencies subject to the Drovisions of this ordinance.
REPEAL OF CONFLICTING ORDINANCES AND
RESOLUTIONS:
Section 2-91 and 2-92 of the Code of Ordinances are specifically repealed
by this Ordinance. All other Ordinances and Resolutions or parts thereof
which are in conflict herewith are hereby repealed.
SEVERABILITY: If any provision of this Odinance is for any reason,
held invalid or unconstitutional by any court of competent jurisdiction,
such provisions shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the vahdity of the remaining
provisions.
INCLUSION: It is the intention of the City Council and it is hereby
ordained that the provision of this Ordinance shall become and be made
part of the Code of Ordinances, City of Sebastian, Florida, and the
sechons of tiffs Ordinance may be renumbered to accomplish such
intention.
25
This Ordinance shall become effective within ~,--'~' 4;~,~r_~ thirty (30) days
upon adoption. The foregoing Ordinance was moved for adoption by
Councilmember
The motion was seconded by Councilmember
put/nto a vote, the vote was as follows:
Mayor Louise R. Cartwfight
Vice Mayor Walter W. Barnes
Councilmember Norma Damp
Councilmember Richard J. Taracka
Councilmember Raymond Halloran
and upon being
The Mayor thereupon declared th/s Ordinance duly passed and adopted this
~ day of ,1996.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwnght, Mayor
Katht3m M. O'Halloran, CMC/AAE
26
(Seal)
Approved as to Form and Content:
Valerie Fernandez Settles, City Attorney
6/21/96
27
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 ~ FAX (561) 589-557'0
SUBJECT: FIRST READING OF ORDINANCE
0-96-13 REZONING HYATT PROPERTY
FROM CL TO IN
Approved For Submittal By:
City Manager
Agenda Number:
Dept. Origin: Community Development
Date Submitted: 6/18/96
For Agenda Of: 6/26/96
Exhibits:
1. Ordinance 0-96-13
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian has received an application for a zoning change from
Nelson Hyatt regarding his property consisting of approximately 8 acres
located near the intersection of Barber Street and the Florida East Coast
Railroad. Mr. Hyatt has requested a zoning change from existing CL
(Commercial Limited) to IN (Industrial).
RECOMMENDED ACTION
Approve first reading of Ordinance 0-96-13, and set second reading and
public hearing for July 10, 1996.
ORDINANCE NO. 0-96-13
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, REZONING CERTAIN
PROPERTY DESCRIBED AS THAT PART OF THE NE 1/4
OF THE SE 1/4 OF SECTION 20, TOWNSHIP 31
SOUTH, RANGE 39 EAST, LYING WEST OF THE WEST
RIGHT-OF-WAY OF THE FLORIDA EAST COAST
RAILROAD, LESS AND EXCEPT THE FOLLOWING TWO
PARCELS: THE NORTH 6.5 ACRES OF THE NE 1/4 OF
THE SE 1/4 AND THE SOUTH 150 FEET THEREOF,
COMPRISED OF 8.23 ACRES, MORE OR LESS, FROM
CL (COMMERCIAL LIMITED) TO IN (INDUSTRIAL),
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Nelson Hyatt, the owner of the parcel of
property described herein has petitioned the City of
Sebastian for an amendment to the Zoning Ordinance; and
WHEREAS, the City Councii has provided notice of the
proposed zoning change and conducted a public hearing to
receive citizen input; and
WHEREAS, the City Council of the City of Sebastian,
Florida, has considered the criteria identified in Section
20A-11.6(c) of the Land Development Code together with the
recommended findings and recommendations of its staff and
Planning and Zoning Commission; and
WHEREAS, the City Council has made the following
findings:
A. The proposed use is consistent with the goals,
ob3ectives and other elements of the Comprehensive Land Use
Plan.
B. The proposed use is in conformity with the
substantive requirements of the City of Sebastian Code of
Ordinances, particularly the Land Development Code.
C. The land use and development.conditions
affecting this parcel have changed since the effective date
of ~he existing regulations.
D. The proposed use is compatible with adjacent
land uses.
E. Adequate public facilities and services exist
in the City to serve the proposed use and the demand for such
use will not exceed the capacity for such services and
F. The proposed change in use will not result in
any adverse impacts on the natural environment.
G. The proposed use will not adversely affect the
property values in the area, or the general health, safety
and welfare of the City or have an adverse impact on the
financial resources of the City.
H. The proposed use will result in an orderly and
local development pattern.
I. The proposed use is in the public interest of
the citizens of the City of sebastian.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PROPERTY. The change in zoning
classification created by the adoption of this Ordinance
shall apply to the following described real property:
That part of the NE 1/4 of the SE 1/'4 of Section
20, Township 31 South, Range 39 East, lying West
of the West right-of-way of Florida East Coast
Railroad, LESS and EXCEPT the following two
parcels of land:
(1) The North 6.5 acres of the NE 1/4 of the
SE 1/4.
(2) The South 150 feet thereof.
Section 2. DISTRICT. The real property described in
this Ordinance is hereby rezoned from CL (Commercial Limited)
to IN (Industrial).
Section 3. ZONING ~IAP. The official City Zoning Map
shall be amended to reflect this change in zoning district.
Section 4. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 5. SE~-ERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part
of this Ordinance is invalid or unconstitutional, the
remainder of the Ordinance shall not be affected and it shall
be presumed that the City Council of the City of Sebastian
did not intend to enact such invalid or unconstitutional
provisions. It shall further be assumed that the City
Council would have enacted the remainder of this Ordinance
without said invalid or unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon its adoption and authentlcation by
the signatures of the presiding officer and the Clerk of the
City Council.
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 Louise R. Cartwright
Vice-Mayor Walter W, Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Ordinance duly passed
and adopted this day of , 1996.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Louise R. Cartwright, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
City of Sebastian
I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 388-8200 [] FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
June 20, 1996
Honorable Members of City Council
Thomas W. Frame, City Manager ~ ,,,9. r~~
SUB.IECT: Strategic Plan for the City of Sebastian
During the Workshop held by the City Council on June 10, 1996, Dr. David Sullivan,
Provost for the Indian River Community College Muetler Center, presented a proposal to the
Council relative to the development of a strategic plan for the City of Sebastian. Clearly the
utilization of a strategic plan would enable the City to better focus the direction that it wants
to proceed and it would facilitate the development of goals and objectives for each
department to ensure that all departments are working for a common purpose as outlined
within a strategic plan.
As noted on Dr. Sullivan's training proposal, the cost for the development of a strategic plan
is $6,800 and according to his proposal, the planmng and completion of the strategic plan
could occur through the months of July, August, September and October. Obviously, that
schedule may vary dependent upon other priorities of the City since th/s is a period of
involvement with the budgetary process.
I would respectfully request the City Council to approve the use of Indian River Commumty
College for the development of a strategic plan. Upon the Council's affnmative approval of
this request, I would bring back a formal agreement between Indian River Commumty
College and the City of Sebastian for your final review.
This request requires no additional appropriation of funds.
/jmt
cc: Dr. David Sullivan, Provost, Indian River Commumty College, Muetler Center
INDIAN RIVER COMMUNITY COLLEGE
MUELLER CENTER VERO BEACH SITE
5880 LUNDBERG ROAD-VERO BEACH, FL 32966
TELEPHONE (407) 569-0333 OR (407) 482-4713
FAX NUMBER (407) 462-4615
TRAINING
To: Mr. Tom Frame
City Manager
City of Sebastian
From: Dr. David Sullivan/~
Provost
IRCC Mueller Center
Date: June 10, 1996
PROPOSAL
Dr. Norma Thompson
Director
IRCC Business Development Center
Thank you for the opportunity to present this training proposal to you. Dates, times, and
specifics are tentative pending your approval. IRCC will create a facilitating team
(typically 3 professionals) which will meet with you and your staff as much as needed
until all details are in place. During the planning process we expect to get to know you
and your staff very well as we do spend quite a bit of time on site bringing together a
large effort like this. You can count on IRCC to do whatever it takes to get the job done
at the quality level you would expect. The IRCC Business Development Center, under
the direction of Dr. Norma Thompson, will be supporting us fi:om the main campus when
needed.
Included at the completion of the plan, [RCC will bind 20 finished copies and provide
you with a disk (using Microsol5 Word ) to reproduce as many more as you would like.
We will register all participants fi:om the large SWOT session(s), and will also register
15 people fi:om the planning team to constitute a planning class. All registered
participants will receive credit for this effort. The total tuition and fees for this project
will be $6800.00.
Attached you will find a tentative schedule, t would like to meet with you and your staff
again soon to discuss the big picture and plug in dates for implementation.
Thank you for your consideration.
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SERVING.. INI~IAN RIVER, MARTIN. QKEECHOBEE AND ST, LUCIE COUNTIES
City of Sebastian Strategic Planning Proposal
The purpose of this proposal is to look over the process of developing a 3-5 year strategic
plan for the City of Sebastian. It should be noted that IRCC can and will adapt as needed
during delivery, and can adjust strategies throughout the implementation process. The
entire program should take 10-12 weeks to complete.
~ Tentative Dates
T. Frame July 96
Subject Matter
Pre-Planning Meetings (2)
City Council July 96
Explain Process and answer questions
Phase I Planning Team Aug 96
Mini-SWOT, General Goals, Scope of
Strategic Plan, Unified Mission Statement
Executive Aug 96
Committee
Review results of Phase I meeting. Adjust
strategy fbr planning process. Discuss TQM
initiatives.
Phase II Ail Participants Aug 96 SWOT, SWOT Review, Develop goals,
8-Noon Discuss Planning Process, Lunch
(Note: the above meeting may be divided into two different day sessions to allow
all interested employees to be involved.)
Planning Team Aug 96
I - 4 PM
Review morning session(s), configure notes
and goals. Discuss departmental
responsibilities for Phase [II and TQM.
Assemble notes for distribution
Phase IIi Departments Sept 96
Identify tactics to work towards goal
accomplishments. Identify activities to tie
the department into the broad goals.
Identify long term goals of department.
Identify benchmarks for department.
Create format for strategic plan and assemble department portions.
Phase IV Planning Team Sept 96
Create Draft #1. Distribute to
Collect edits.
Oct 96
Create Final draft. Distribute to planning
team. Tweak.
Executive Committee Oct 96
Final tweak.
City of Sebastian
I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 388-8200 [] FAX (407) 589-557'0
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
June 20, 1996
Honorable Members of City Council
Taom , w.
Golf Promotion
Attached please find a copy of a memorandum dated, June 14, 1996, received from Kevin
D. Evans, Indian River National Bank through Pat Cerjan, Golf Pro, Sebastian Municipal
Golf Course.
As noted by that memorandum, Indian River National Bank is proposing a promotion that
would place the logo and phone number of the Sebastian Golf Course in all newspaper ads
from June 24, 1996 until October 31, 1996. Additionally, the bank will also print coupons
to be given to the customers who qualify for the golf promotion. The bank would request
that the coupon be good for f~ee green fees with every new account opened. Based on our
bond covenants, the City is unable to waive green fees for any reason. However, ff the City
wanted to participate with such a promotional approach, it could waive the cart fees
associated with the cost of playing at the course.
I would be most appreciative if the Council could determine whether or not it wanted to
allow the use of such promotional approaches to be associated with the Golf Course.
/jmt
Attachment
Memorandum
DATE[: .June 14, 1996
TO: Pat Caqan
FROM: Kevin D. Evans
RE: Golf Promotion
Indjail R/vex National tial:flt will pla~ th. logo and pho~ lln, m~her of ~ Golf ¢ours~ in all
ncu'~aI:~ ~ fl'ora Jul~ 14, 1996 ~ ~'lmbar 31, 1996. IRNB will also print coupons fo be given
¢~lnloraers who qualifT' for %he golf promotion
1RNB will give a coupon gixld for fr~ gr~as fee with ~n,ery uaw ac. aotmt apda. ~¢ ~ ~ m'omotion
will riot only crmm wafftc flow for iht: bank but zn reuun bring.m:w cua'tamcrs to rim golf ~oursa.
ir t ber~ are any £urrh.-. questions c. onceram§ t/as letter do not hesitate ua call The aumbar is 569-9200.
Kcvia D. F-van~
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT: AGENDA NO:
Brevard Teaching and Research
Lab Tour DEPT. ORIGIN:
DATE SUBMITTED:
/~m'<-~'-""~MEETING DATE:
6/20/96
6/26/96
APPROVED FOR SUBMITTAL: EXHIBITS:
Expenditure Required:
Whitcomb Letter
Amount Budgeted:
IAppropriation Required:
SUMMARY STATEMENT
The City Clerks Office previously distributed a letter of invitation (please see copy
attached) from Brevard Teaching and Research Laboratories (BTR).
As the letter from Jared H. Whitcomb states, "...it would be beneficial for the City to
learn more about us (BTK)".
RECOMMENDATION
I would appreciate if Council would give me a time and date you would be able to tour
BTK Labs.
Ms. Kay O'Ffalloran, City Clerk
City of Sebastian
1225 Ma/n St.
Sebastian, FL 32958
x'~~Y June 13, 1996
Dear Ms. O'Halloran,
i greatly enjoyed our trip to Palatka and the fine company of you, as well as all who made it to the St.
Johns Board of Governors meeting. The City of Sebastian is very fortunate to have so many concerned
citizens. As you know, BTR Labs will be a parmer in the upcom/ng effort, and as such I believe that it
would be beneficial for the City to learn more about us.
Please accept this letter as an invitation to you, the Mayor, the City Council and anyone from your city to
come and visit our facility. We are very much involved with environmental work, econom/c development,
educanon, and scientific research. BTR Labs is the ftrst acknowledged Center for Technology Innovation
in Florida. We are quite unique and we are anxious for everyone to learn about us. and what we are
doing for our State. Enclosed please find some brochures describing some of the CaPabilities of the Labs.
We look forward to your visit. Please let us know when would ~ a convenient time for you.
Sincerely,
Whitcomb '~
Business Manager, BTR Labs
BreYard Teaching & Rese,,_~rch Labor,arories
1470 TreelAnd Boulevard; S.E ' Palm BAy, FL 32909
Phone (407) 632-1111, Ext. 22011 · Fax' (407) 634-3730