HomeMy WebLinkAbout08251999ACTZON I_T, ST
THE' FOLLOVertNG ]'5 A I,.XST OF ACTION5 TAKEN AND/OR DTRECT'tON$ GIVEN AT
THE 8/25/99 REGULAE MEE3-tN~
All Follow-up Correspondence should be copied to the file and any file to go in the vault should hove
its backup material put in chronological order and placed in clips within the file
Cffy tAanager, CHy A~torney, Purchasin9 ~ all oth~ d~~t ~ get a full s~t of draf~
miflut~, ~d ~ m~ible for cop~ whate~ is ~n~t to thor de~r~. W~ will
continue fo p~ce copi~ of individ~/ minufe~ ~g~ in ~ck~ fil~.
99.167
~esentationof Certifica~e~ tg Sebastian River Area Senior Leeg~Le 6iris Age 14 & 15 -
~ection T~o Chan~gigr)~ - presented - ~ action ~equi~ed
99.168
Presentation by Rotary Club - Riverfront Cleanup Service Project - presentation only.
- wgl ~epa~t when complete
copy minutes to file
file C][TY PROPERTY
99.169
Pr.e~ea:Lation by ~1~hring G~oup of West Palm Beach - Employee Health Ber~fLts
Proposal - p~asentotion only
file proposal in PERSONNEL
99.147
Discuss False Alarm Or~nao;¢ - to com~ beck to 9/8/gg w/oral and plan
copy minutes to file
file pending credenza
6pp.ovd of Minutes - 8/H/99 Regular, 8/18/99 Budget Workshop - approved as
amended
either line through Mayor Wininger or' asterisk - ask KOH
sign, seal - insert attachments and place in book
99.170
W¢[¢Q~e WOgort Club of 5ebastiq0 - Request for Use of Elec~icity in Riverview Pork -
Octoberfest Picnic foF_~mbers - 10/30/99 - 9 am to 2 pm - Elect~icil~ - approved
copy minutes to file
letter to Welcome Wagon
make sure PD and PW aware of use
file YC/CC
99.171
99.154
99.078
99.155
Pelican Islartd ~_lr.~¥gtion Society. Inc. - R~uestfar Use of Rivgrview Pork - ~Tth
Anniversary_ Celebration Pelican Isl~l~d b~l), Event - SundRy - 3/1;~/2000 - 9 om to §
I~m - Electricity - I~ablishcd Standard Con~JiT~on~ - approved
copy minutes to file
lette~ to Welcome Wagon
make sure PI:) end PW aware of use
file ¥C/CC
OJ~linoLq¢¢_NO~ O-P~}-06 - Amending Chapter 66 Nuisance - 5ecor~d Reading and Publi~
adopted
sign, seal - copy to file, &MI), Code Enf., Building, Pb
moil copy to MCC (e-mail also) for Code supplementation
blue back o~iginal - file vault - 99 ORb OR]:G
file backup in vault - 99 ORb BACKUP
update \wp-ard\o-99 with adopted date
~tdinonce No. 0-99-_07 - Aqled~[ij~g (:gt~preh_ensive Land Use PIo~t for Surplus
Cemetery Prgpecty West of U5 ! from Institutioool ]9 Riverfront MiRed Use - Second
Beading end Public_Hearing o]'dingn~ No. 0-9~-08- Rezoning 5~rj~lus Cemetery
Property West of U5 ! from Public 5ervice to Commercial General - Second ReadJrtg
and Public C-leafing - both o~linanees adopted
sign, seal - copy to file, &Mb, P & Z, Attorney, Cemetery Surplus Property file, Lindo
for Cemetery files, Kip
maid copy to $olin '
obtain copy of letter &MD mails to DCA
blue back original - file vault - 99 ORb OR~G
file backup in vault - REZONING/LAKIb USE CHAI,,I~F..'.'.S (not associated with PUl) or
Subdivision)
update \wp-ord\o-g9 with adopted date
Ordinance No, 0-99-09 - Amending Land Development Code to Allqw RV Storage in R-
MH District - Second Public Hearing - adopted
sign, seal - copy to file, OMI:), Code Enl., Building, P & Z
moil copy to MCC (e-mail also) for LBC supplementation
blue bock original - file vault - 99 ORB ORIG
file backup in vault - 99 ORB BACKUP
update \wp-ard\o-99 with adopted date
2
99.156
99.157
99.172
99.173
99.174
Ordinance Ng. O-9_~-!0 - Amending Land be, y_elopment Cod&to Tighten Rules for
Accessory Buildings - Second Reading and Public Hearing - adopted
sign, seal - copy to file, GaRb, Code Enl., Building, P & Z
mail copy to MCC (e-mail also) for LDC supplementation
blue back original - file vault - 99 ORb ORTG
file backup in vault - 99 ORb BACKUP
update \wp-ord\o-99 with adopted date
Qr~lillaoc~o, 0-99-~1 - Amending Riyerfront District Wa~yers - Second Regclin~and
Public ~Jeating - adopted
sign, seal - copy to file, GMb, Code Enl., Building, P & Z
mail copy to MCC (e-mail also) for LbC supplementation
blue back original - file vault - 99 ORb OR]~G
file backup'in vault - 99 ORb BACKUP
update \wp-ord\o-99 with adopted date
ApprQv¢ ]~117erlocal Cost 5hare Agree~e0t with ]~ndian River Coun~ for Pc~yil~g Vocelle
Avenue - approved
copy minutes to file
Mayor, Clerk and Attorney to sign, seal two originals
mail both to TRC and request one back
add to \wp-files\agreemen.cur - ]:nterlocal - IRC
Approve Extraordinary_Procurement of Golf Course Bakeries and Repair from Custgm
¢~rriages. ~[nc. in the AO1QUR~ ~f $6~§~Q.00 - approved
copy minutes to file
file vault - I~NANCE - 99 Bids/Purchases - Golf Course
Ordinance No. O-99-13 - aRanager Responsibility_Oy~r Personnel Administration - Fir~2
Reading -$e? public Hearing for 9/22/99 - approved on first read - ph 9/~2/~9
copy minutes to file
advertise legal notices on 9/8/99
file pending credenza
3
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, AUGUST 25, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Wininger called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was givea by Reverend Nicholas Godun, Roseland Methodist Church.
ROLL CALL
(2iW C~urtcil Pre~m~i
Mayor Martha S. Wininger
Vice Mayor Chuck Neuberger
Ivlr. Joe Barczyk
Mr. Ben A. Bishop
Mx. Edward J. Majchcr, Jr.
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Kathtyn O'Halloran
Chief of Police, Randy White
Public Works Director, Terry Hill
Human Resources Director, Rich Samolewicz
Growth Management Director, Tracy Hass
Deputy City Clerk, Sally Maio
Regular City Council Meeting
August 25, 1999
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DI~LETIONS)
Items not on the written agenda may be added only upon a majori(v vote of CiO, Council members (R-99-21)
99.167
o
PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
A. ?i~:~sentation of Certifi~;ates tojeb~tian Riv~:r Area Senior League Girls Age 14 & 15 - Section Two
Champions
Mayor Wininger presented certificates of achievement to Sebastian River Area Little League Senior Softball
1999 Florida Section Two Champions as follows:
Laura Amico ~k~
Ashley Eddings
Nicole Michael
Michelle Miller
Leah Mossali
Kristin Murray
Chrissy Schoonmaker
Jenny Shows
Shayna Snyder
Katie Steward
Emily Waickow~ix)
Louisa Walsh
Manager Beth Murphy and Coaches Rick Miller and Mike Miiko were also in attendance.
2
99.168
P~g~tation by P~OBu3' Club - Riverfront Cleanup Service Proj~¢t.(.CiW Manager Memo fl/18/99.
~Rau..tl~ Memo 8/16199 w/AttachltaentO
99.169
Presentation by Gehring Group of West Pah~ Beach
C~T¥-CO~c~[, MATTEa$
A. Mayor Winingcr ~
Vice Mayor Ncubcrger ~'C~ ~~c~.s*
Mr. Barczyk
Mr. Bishop
Eo
11.
)
99.170
99.171
CONSI~IT AGI~I~IDA
,dll itents on the con~ent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of
consent agenda items unless a member of CiO~ Council so requests; in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 8/11/99 Regular, 8/18/99 Budget Workshop
Welcome Wagon Club of Sebastian - Request for Use of Electricity in Riverview Park - Octoberfest
Picnic for Members - 10/20/99 - 9 am to 2 pm - Electricity (City Clerk Transmittal 8/5/99, Moore
Letter)
Pelican Island Preservation Society, Inc. - Request for Usc of Riverview Park - 97th Anniversary
Celebration Pelican Island Day Event - Sunday - 3/12/2000 - 9 am to 5 pm - Electricity- Established
Standard Conditions (City Manager Transmittal 8/17/99, Davies Letter)
The City Manager read the consent agenda.
MOTION by
I move to approve consent agenda items A, B and C.
7
12.
99.154
pUBLIC HEARING
Procedures for pub li c hearings: (R- 99~ 21)
· Mayor Open~ Hearing
· Attorney Reads Ordinance or Resolution
° StaffPresentatlon
· Public Input - Limit often Minutes Per Speaker
° StaffSummatlon
· Mayor Closes Hearing
· CouncilAction
Anyone Wishing to Sp, ak is.dsl~d to Sign Up before the Meeting, When Callexl go to the Podium and Stat~ His or Her Name.for the Record
Ordinance No. O-99-06 - Amending Chapter 66 Nui~ce - Second Readi~ and Public Hearing
(City Attom~ Transmittal 7/28/99, P & Z Minut?~. Q-99-06)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES
CHAPTER 66, PROVIDING FOR CONFLIC'I~; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Oat
Reading 7/28/99, ~sed Legal 8/11/99, PH and Adoption 8/2~D9)
]~,~ ~ opened the public hearing at; and the City Attorney read Ordinance No. O-99-06
by title only~
~ closed the public hearing at
MOTION by
I move to adopt Ordinance No. O-99-06.
99.078A
Ordinance No. O-99-07 - Amending Comprehensive Land U~ Pi~ for S. Ij~lus Cemetery Properkv
West of US 1 from Institutional to_RiveffrQnt Mj?~d U~.- Second Reading and Public Head~g
fiSmalI Scale) (Ci~ Attorney Transmittal 7/22/99, Staff Report, Map, P & Z Minutes 0-99-07)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL SCALE
AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO RMU (RiVERFRONT
MIXED-USE) FROM INS (INSTITLrHONAL) FOR LAND CONSISTING OF 1.02 ACRES, MORE OR LESS, BEING A PORTION OF
LOT 27, TOWN OF WAUREOAN PLAT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDINO
FOR CONFLICTS; PROVIDING FOR SEVERABILrrY; AND PROVIDING FOR AN EFFECTIVE DATE. (Ist Reading 7/'2gD9, Latter
to Property Owner Ma/led, Advertised Legal 8/10/99, Leller$ to Adjacent Property Owners Mailed, Heating and Adoption 8/25/99)
Mayor Wininger opened the public hearing at; and the City Attorney read Ordinance No. 0-99-07
by title only.
Mayor Wininger closed the public hearing at
MOTION by
I move to adopt Ordinance No. O-99-0-~.
10
99.07s~ C.
Qrdinance No. O-99-08- Rezoning Surplus (~metery Property West of US 1 fi.om Public Service
Commer~i0~l C,~ocral - Second Reading and QUASI ~)ICIAL Public t:Ieafing (City Attom~
Transmittal 7/22/99, St~ffgeport, M0~- P ~: Z Minutes, 0-99-08)
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY
CONSTITUTING A PORTION OF LOT 27, TOWN OF WAUREGAN, CONTAINING 1.02 ACRES MORE OR LESS, FROM PS
(PUBLIC SERVICE) TO CG (COMMERCIAL GENERAL); PROVIDING FOR REPEAL OF ORDINANCES OR PART8 OF
ORDINANCES IN CONFLICT HEREWITH:, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.(Ist
Reading 7/28/99, Letter to Prop~'ty O~a~r Mail,d, Advertised Legal 8/10/99, LeO. e~ to Adjacent Prop~y Own~r~ Mailed, He~4ng ~md
Adoption S/25/99)
,~ ~lx~ger opened the public hearing at; the City Attorney read Ordinance No. 0-99-08 by
title only and noted this hearing is quasi-judicial.
~inger closed the public hearing at
MOTION by
I move to adopt Ordinance No. 0-99-08.
11
99.155
Do
Ordinance NOL 0-99-09 -Al~lendi0g Land l)evglopment Code tQ ,A,[LQyv RV Storage in R-MH
District - Second Public Hearing (Cio Attorney TransnflttaLT/22/99, P & Z Mil~ut¢~. Q-99-09)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. AMENDING THE LAND DEVELOPMENT
CODE BY CREATING SECTION 20A-3.7.G, COMMON VEHICULAR STORAGE AREAS WITHIN THE R-MH ZONING DISTRICT;
PROVIDING FOR CONFLIC'I~; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.(Ist Reading
7/28/99, ~ Display 8/3/99, 1st Hearing 8/11/99, Advertised 8/18/99, 2nd Heating and Adoption 8/25/99)
~-'a"y~r opened the public hearing at; and the City Attorney read Ordinance No. 0-99-09
by title only.
Ma~5i~ng~r closed the public hearing at
MOTION by
I move to adopt Ordinance No. 0-99-09.
12
99,156
Orclklanc~ No, O-99-10 - Ar0ending Land Development Code to Tigllt~n Rules for Acce~soly
Buildings - Second Reading and Public Hearing ((2igt Attorney Transrrfit~al 7/22/99, P & Z Mintttes
0-~}9-1o)
AN ORDNANCE OF THE CITY OF SE~, INDIAN RIVER coulvry, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN, SECtiON 20A.5.7, ACCE, g, gORYBUILDINGS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFEC'rIVE DATE.(Ist Reading 7/28/99, Adve','tia~d L~gal Mil 1/99, H~u'ing and
Ado0tio~
Magmlr~i~r opened the public hearing at; and the City Attorney read Ordinance No. O-99-10
by title only.
Ma2~r Wininser closed the public hearing at
MOTION by
I move to adopt Ordinance No. O-99-10.
13
99.157
Ordinance No_ 0-99-11 - panending Riverfront Di~l:rict Waivers - SeCo~cl Reafl~ag ~nd. Public
Hearing (City Attorney Transmittal 7/22/99, P & Z Mingtes. O-99-1 l)
AN ORDINANCE OF THF~ crrY OF SEBAffTIAN. INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-19.4D OF
LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN ~ DATE+(Ist Reading 7/28/99, Adve~tlsed Legal g/11/99, Hearing ;md Adoption
8/25/99)
i~'~ager opened the public hearing at; and the City Attorney read Ordinance No. 0-99-11
by title only.
-Mayor ~,' '~rfilvge~: closed the public hearing at
MOTION by
I move to adopt Ordinance No. 0-99-1 I.
14
13.
INTRODUCTION OF NEW l~LI$~ESS FROM THE PUBLIC:
Item that has occurred or was di~overed within the previous six months which is not otherwise on the agenda - sign-up
required- limit often minutes for each speaker
15
16. NEW BUSINESS
99.169
Employee Health Benefits Proposal (8/18/99 C il~ Manager Memo, 8/19/9.9 Finance Director Memo.
8119/99 Insurance Team Memo~ EYaluation Point Summgries. Proposals l)i~buted_Under Sep~ri~te
Cover)
17
99.172
Appro~'e InterlocaLCo~.t Shar~ Agreement with Indian River CounW f0J' Paving Vo~elle Averse
(Public ~.l'ks Tranamittal 8[ 17/99. ~[llt~rlocal A~eement)
18
99.173
Approve Extraordinary Procurement of Golf Course Batteries and Repair from Custom Carriages,
l~c. in th~ Amount of $6,500.00 (City Manager T. rpj/smittal 8/18/99, Pr~urcment Certificate)
19
99.174
Do
Ordinance No. 0-99-13 - Milrlager Responsibility O¥~ Personnel Administration (City Attorney_
Trlm~rnigal 8/19/99, O-99-13]
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES
CHAPTERS 2 AND 26 TO REFLECT CITY MANAGER AUTHORITY OVER PERSONNEL MATTERS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
17. Being no further business, Mayor Wininger adjourned the Regular Meeting at
20
CITY COUNCIL MEETING DATE:
CALL
MOTION ~ SECOND
lgglym' Wininger //L~
Vice Mayor Neuberger J
Mr. Bishop ,/
Mr. Majcher /
ITEM NO.
ROLL CALL 2
Vice Mayor Neuberger'~
Mr. Barczyk
Mr. Bishop
Mr. Majcher
ITEM NO.
ROLL CALL ~.
Mr. Barczyk /.,
Mr. Bishop
Mr. Majcher ~'
Vice Mayor Neuberger /
MOTION
MOTION
ITEM NO. ~, F) ~
ROLL CALL 4
Mr. Bishop /
Mr. Majcher
Vice Mayor Neuberger J
Mr. Barczyk ./'
MOTION
ITEM NO. ~.z~ '7~)
ROLL CALL
Mr. Majcher
Vice Mayor Neuberger
Mr. Barczyk
Mr. Bishop j.
MOTION
CITY COUNCIL MEETING DATE:
ITEM NO.
ROLL CALL 1
Vice Mayor Neuberger ./'
Mr. Barczyk J'
Mr. Bishop J
Mr. Majcher J
MOTION
SECOND
ITEM NO.
ROLL CALL
Vice Mayor Neuberger
Mr. Barczyk
Mr. Bishop
Mr. Majcher
~ger
MOTION
ITEM NO.
ROLL CALL
Mr. Barczyk
Mr. Bishop
, Mr. Majcher
.,Vice Mayor Neuberger
o ,os
ITEM NO. ~7. /'7 ~-,
MOTION SECOND
ROLL CALL 4
Mr. Bishop
Mr. Majcher
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk
ITEM NO.
MOTION SECOND
ROLL CALL 5
Mr. Majcher
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk
Mr. Bishop
CITY COUNCIL MEETING DATE:
ITEM NO.
ROLL CALL1
-Mayor ~lning~r . /
Vice Mayor Neub~)rgeF
Mr. Barczyk c/
Mr. Bishop /'
Mr. Majcher ,~
MOTION
SECOND
ITEM NO.
ROLL CALL
Vice Mayor Neube~er
Mr. BarczykJ'
Mr. Bishop J
Mr. Majchcr ~'
~{a)~.~, Witl~ager
MOTION
SECOND
ITEM NO.
ROLL CALL
Mr. Barczyk
Mr. Bishop
Mr. Majcher
Mayor Wininger
Vice Mayor Neuberger
MOTION
SECOND
ITEM NO.
ROLL_CALL 4
Mr. Bishop
Mr. Majcher
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk
MOTION
SECOND
ITEM NO.
ROLL CALL5
Mr. Majcher
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk
Mr. Bishop
MOTION
SECOND
DATE:
TO:
FROM:
MEMORANDUM
August 25, 1999
Mayor and City Council Members
Kathryn M. O'Hailoran~J
City Clerk. ~ %.
Mayor Wininger Excused Absence
Mayor Wininger is unable to attend the August 25, 1999 City Council Workshop and has
requested an excused absence.
KO.sam
cc: Terrence Moore, City Manager
i
SEBASTIAN CITY COUNCil,
AGENDA
REGULAR MEETING
WEDNESDAY, AUGUST 25, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALI. AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERI~
Individuals will address the Ci0' Council with re,peet to agenda item~ immediately before deliberation of the item by the Cio' Council -
limit often minutes per speaker (R-99-21}
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Nicholas Godun - Roseland Methodist Church (New to Our Area)
99.167
99.168
1-II
99.169
(See 93-I00)
ROLL
AGENDA MODIFICATIQ_N$ (.ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a majarity vote of City Council members (R-99- 2
PROCLAMATIOAN$,_ANNOUNCEM]~NTS AND/OR I~RESENTAT[ONS
A. Presentation of Certificates to Sebastian Riva' Area Senior League Girls Age 14 & 15 - Section Two
Champions (No Backup)
B. Presentation by Rotary Club - Riverffont Cleanup Service Project (City Manager Memo 8/18/99,
Rauth Memo 8/16/99 w/Attachments)
C. Presentation by Gehring Group of West Palm Beach - Employee Health Benefits Proposal
98.107
13-30
99.170
31-32
99.171
33-34
10.
11.
CITY ATTORNEY MATTER~
CLTYMA/qAGER MATTEI~
A. Discuss False Alarm Ordinance (No Backup)
CITY CLERK MATTERS
C~TY COUNCIL MATTER~
A. Mayor Wininger
B. Vice Mayor Ncub~rger
C. Mr. Barczyk
D. Mr. Bishop
E. Mr. Majcher
CONS N/
All items on tl~ consent agenda are considered routine and will be enacted by one motion. There will be no separate discuzsion of
con. sent agenda ilerns unle~ a me~nber of CiO, Council so requests; in which even~ the item will be removed and acted upon separate~.
A. Approval of Minutes - 8/I 1/99 Regular, 8/18/99 Budget Workshop
B. Welcome Wagon Club of Sebastian - Request for Use of Electricity in Riverview Park - Octoberfest
Picnic for Members - 10/20/99 - 9 am to 2 pm - Electricity (City Clerk Transmittal 8/5/99, Moore
C. Pelican Island Preservation Society, Inc. - Request for Use of Riverview Park - 97th Anniversary
Celebration Pelican Island Day Event ~ Sunday - 3/12/2000 - 9 am to 5 pm - Electricity - Established
Standard Conditions (City Manager Transmittal 8/17/99, Davies Lettex)
2
I
99.154
m35_43
I 99.078A
45-57
i
I
I 99.07813
59-71
99,155
73-76
I 99,156
77-84
99.157
I 85-91
I
1
12.
PUBLIC HEARING
Procedures for tmblic hearings: (R-99-21)
· Mayor Opens Heanng
· Attorney R'tnds Ordinance or Resolution
° StaTff'Pr~sentat~on
· Public Input. Limit often Minutes Per Spealatr
° $taffSummation
Mayor Clos~ Hearing
· CouncilAction
Anyone IFlshing to $1J~ak is.tidied to Sign Up before the Meeting~ Ifhen Called go to the Podium and State His or Her Name for the Record
Qr. dilJance No. 0-99-06 - Alrlending Chapter 66 Nuisance - S~Colld R,¢ading and Public Hearfilg
(City Attorney Tr. agsmittal 7/28/99, P & Z Minutes. O-99-06>
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY. FLORIDA, AMENDING CODE OF ORDIlqANCES
CHAPTER 66. PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Reading 7/28/99, Adve~tls~d I~gal 8/I 1/99, PH and Adoption 8/25/99)
Ordinance NO. 0-99-07 - Amending Coltlprchensi¥c L~d Use Plan for.S.m'izlttq Cemetery Property
West of US I fi.om Insljtutional to PdverfroI~t Mix~ lJ~ - Second Re;~flk~g and Public Hearing
($m;dl Scale) (City Attom~ Transmittal 7122/99. Staff'Report, M~. P & Z Minute~ Q-99-07)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL SCALE
AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO R_MU (RIVERFRONT
MIXED-USE) FROM INS 0NSTITUTIONAL) FOR LAND CONSISTING OF 1.02 ACRES, MORE OR LESS, BEING A PORTION OF
LOT 27, TOWN OF WAUREOAN PLAT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO;, PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABH..rrY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst R~ading 7/28/99, ~
to Proln~t Own,r Mail.t, Advertised L~gal 8/10/99, Let~r$ to Adjacent Property Owners Maile~t, Heating and Adoption 8/25/99)
Ordinanc~_N~. O-99-08- Rezoning S~a'plus Cemetery Properly West oflJ$1 from Public Service to
Commercial Ger~eral - Se_cgltd Reading and OUASJ. JUDICIAL Public Hearing (Ciw Attorney
Trammi¢~tl 7/22/99. StaffRepor];, Map, P & Z Minutes, O-99-08. Quasi Judlgiq] ProggdCres}
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY
CONSTITUTING A PORTION OF LOT 27, TOWN OF WAUREGAN, CONTAINING 1.02 ACR.F.~ MORE OR LIngS, FROM PS
(PUBLIC .qERVICL®) TO CG (COMMERCIAL GF. aX~RAL); PROVIDING FOR REPEAL OF ORDINANCES OR. PARTS OF
ORDINANCES IN CONFLICT ~ PROVIDING FOR SEVERABILrrY; AND PROVIDING FOR AN EFFEC'rlvE DATE.(Iat
Reading 7/28/99, ~ to 1~ Owu~ Mail~l, Adv~tia~l l~gai 8/10/99, Letta~ to Adja~'nt Property ~ Mail,d, H~atlng and
Ordinance No. O-99-09 - ~mending Land De~l.91~ment_Code to Allow RV Storage in R-MH
District - S~ond Public Hearing (City Attorney Transmittal.7122/99, P ~ Z Minutes. Q-99-09)
AN ORDINANCE OFTHE CITY OF S~, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE BY CREATING SECHON 20A-3.7.G. COMMON VEI-HCULAR STORAGE AREAS wrITIIN THE R-MH ZONING DISTRICT;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.(lst Rs~dlng
7/21099, ~ Display 8/3/99, Iai H~ating g/l 1/99, Adverti.n~l 8/18/99, 2nd H.aring and Adoption 8F25/99)
Ordinan~:e Ng. O-99-10 - Amcndi_ng Land Development Code tO Tighten Rules for Accessory_
~uiJd/~ - Se~ojid Reading~d Public l-~afil~g (C3ty At~om~ Transmi.~ill 7/22/99, P & Z Mimlk~
0-99-!0)
AN ORDINANCE OF THE CITY OF SEBA,.WI'IAN, INDIAN RIVER COUN'I'Y, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN, SECTION 20A-f.7, ACCE~ORYBUILDINGS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILH'Y; AND PROVIDING FOR AN EFFECTIVE DATE.(Ist Reading 7/28/99, Adv~t~ I.~gal 8/11/99, H~ating and
Ordinance bio, O-99- I 1 - Amen~[ing Riverfront District Waivers - Second Re0~ling and Public
Hearing (City Attorney Transmittal 7/22/99, P & Z Minute~O-99-1 I)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-19.4D OF
LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABR.rrY; AND PROVIDING FOR AN EFFECTIVE DATE.(Ist Reading 7/28/99, Advertised Legal 8/11/99, Hearing and Adoption
99.169
95-100
99.172
101~I05
99.173
105-106
99.174
107-114
13.
14.
15.
16.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or wa., discovered within the proio~ ~ months which is not otherwise on the agenda - Mgn-up
required - limit often minutes for each speaker
COMM1TFEE REPORTS/RE_C_OMM~A~ONS
OIaD BUSINES~
NI~W BUSINESS
Ao
Employee Health Benefits Proposal (8/18/99 City Manager Memo, 8/19/99 Finance Director Memo,
8/19/99 Insurance Team Memo, Evaluation Point Summaries, Proposals Distributed Under Separate
Cover)
Approve Interlocal Cost Share Agreemeat with Indian River County for Paving Vocelle Avenue
(Public Works Transmittal 8/17/99, Int~ecal Agreement)
Approve Extraordinary Procurement of Golf Coursc Batteries and Repair from Custom Carriages,
Inc. in thc Amount of $6,500.00 (City Manager Transmittal 8/18/99, Procurement Certificate)
Ordinance No. O-99-13 - Manager Responsibility Over Personnel Administration (City Attorney
Transmittal 8/19/99, O-99-13)
AN ORDiNANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDiNG CODE oF_ORDINANCES
CHAPTERS 2 AND 26 TO REFLECT CiTY MANAGER AUTHORITY OVER PERSONNEL MAi ~ gRS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVEP, ABILITY; PROVIDING FOR AN EFFECTIVE DATE.
ADJOURN (All meetings shall adjourn at l O: 30 p. m. unless extended for up to one half hour by a
majority vote of City Council}
ANY PER~ON IlqtO DEC1DF~ TO APPEdIL ,4NY DECISION MADE BY THE CITT COUNCLL FRITH RESPECT TO AN]t MATTER CONSIDERED
AT THIS 3ggETING (OR HEARING) WILL NEED A RECORD OF THE PROC'h~.DINGS AND MAY ~ TO ENSURE THAT A I,'F_.RBATIM
RECORD OF THE PROCEEDINGS LY MADE, Y/HICH RECORD INCLUDES THE TEgFIMONT AND EVIDENCE UPON YeT-1ICH THE APPEAL
IS TO BE HEARD.
IN COMPLUINCE WTTH THE AMERtCANS FI'I'H DIS.4BIL1TIES ACT (ADA). ANYONE F,'7tO NEEDS A SPECIAL ACCO34MODA ~ON FOR
THIS MEETING SHOULD CONTACT THE CITY'S ADH COORDIN.4TOR,4T 589-5330 AT LF_-4FF 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Ullcoming Meetin
o Regular Meeting. Wednesday, 9/8/99 - 7pm
· SpecialMeetingfor l~t Budget Hearing- Thursday, 9/9/99- 7 pm
· Regular Meeting/2nd Budget Hearing. Wednesday, 9/22/99 - 7pm
· Regular Meeting. Wednesday, 10/13/99- 7pm
· Regular Meeting- Wednesday, 10/27/99- 7pm
To:
From:
Date:
City of Sebastian, Florida
1225 Main Street [] Sebastian, Florida 32958
Telephone (561) 589-5330 D Fax (561) 589-5570
MEMORANDUM
Kay O'Halloran, 'City Clerk
Sally Maio, Deputy City Clerk
Terrence Mdore, City Manager
August 18, 1999
Subject:
Presentation to Sebastian Citv Council, Auqust 25, 1999
Service Project,_ Rotan/Club of Sebastian, Florida
Please make arrangements to include under the presentation section of the August 25th
City Council Agenda, a proposal by the Rotary Club of'Sebastian to engage a riverfront
property clean up effort. Mr. Gene Rauth and other members of Rotary International'
wit!'yisit with us to discuss logistics about this initiative, as well as to hopefully receive
authorization to secure necessary permits and establish a time frame whereby work
can a~tually begin.
TRM/
Attachment
My Documents/Rotan/Project
To:
From:
Terrence Moore
Sebastian City Manager
Gene A. Rauth
Member of Sebastian Rotary Club
Resident of the City of Sebastian
August 16, 1999
Reference: Riverfront Property Clean Up Project
Thank you for taking time out from you busy schedule to discuss a potential community
service project for the Sebastian Rotary Club. As discussed, the Sebastian Rotary Club is
seeking permission from the City of Sebastian to clean up a section of riverfront property
that the city owns as a community service club project (see-attached map). As shown in
the attached photograph~,, the vegetation on the property blocks the view of the river from
the new pedestrian path. The scope of project that the Sebastian Rotary Club is
proposing would include the following.
1. Removal and disposal of all the trash and litter (tires, bottles, and cans. etc) that is on
the property.
2. Removal and disposal of a 15 foot abandoned boat, which has washed up on the
beach of the property.
3. Removal and disposal of the non indigenous and invader plant species (pepper tress.
etc)
4. Trimming and shaping of desired plant species (cabbage palms, and red mangroves.
':- etc)
From discussions with both City of Sebastian staff and representatives from the Florida
Department of Environmental Protection (DEP), it would appear that two regulatory
permits will be required for this project.
The 1~t permit would be for the lot cleaning / clearing as regulated by The City of
Sebastian.
The 2na permit would be for the trimming of the red mangroves as regulated by the DEP
and City of Sebastian (see attached DEP documents).
Both permits would be obtained for the project through the joint efforts of both the City
of Sebastian Staff and members of he Sebastian Rotary Club.
Again, thank you for your time.
The Sebastian Rotary Club is looking forward to working with you and your staff on this
project.
North
Work .....
30.9 _
2.:51 AC
Parking ~- z-- %~'O,a,~,,'~:~
Lot
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07/1~/19~9 02:14 407-984-481~ FLDE:P/ME:L]~I::IL~,,~ OFF,
FACTS ABOUT MANGROVES IN FLORIDA
BACKGROUNI~:
' Mangroves are tropical plants that are ~apted to loose, wet ~oil~, salt water, and being
periodically submerged by tides.
* Four major factors appear to limit the distribution of mangroves: climate, salt water, tidal
fluctuation and soil type.
There ate more than 50 species ofrnangroves found throughout the world. Three species of
rn~groves are native to Florida: ged mangrove (Rhizophora mangle), Black mangroVe
(Avicennia germinans) and Wlfite nmugrove (Lagun~/ar/a racemosa).
* Red man,roves are easily identified by their "prop roots" which are tangled, reddish, serial roots
that originate from the trunk and branches. Theh' leaves are 1-5 inches Ion& broad and blunt on
the tip, shiny, deep green on top, and paler on the underside.
* Black mangroves can be identified by numerous finger.like projections, called pneumatophores,
that protrude from the soil around the tree's trunk. Bla~ mangrove leaves are oblong, shiny
grin on top and covered with short dense hairs on the underside. Black mangroves are usually
found in slightly higher elevations upland from red mangroves.
* White mangroves have no vis~le aerial mot system like red and black mangroves. The easiest
way to identify white mangroves is by the leaves. The leaves are up to 3 inches long, elliptical .
(rounded at both ends), yellowish in color, and have two distinguishing ~a_n_ds at the base of each
le~blade where the stem begins. White n~grov~ ate tmmily located in elevations higher and
farther upland than tithe' the red or blazk mangroves.
* It has been e~tirnated that there are over 500,000 acres of mangroves remaining in the coastal
areas of Central and South Florida. Of this total, it is estimated that at least 80 percent ate under
so'ne form of govern, mermd or private ownership or cotm'ol for preservation or conservation
purposes,
MANGROVE FUNCTIONS AND V~:
Mangroves trap and cycle various organic materials, chemical clements, and ~portant nutrients
in the coastal ecosystm~,..
· M~mgroves provide one of the basic food e2t~ re.ourcts for marine organ/srns.
Mangroves provide physical habitat and nutse~ grounds for a w~de variety of marine
organisms, many of which have imponam recreational or comme.~al value.
Mangroves serve as storm buffers by reducing wind and wave action in shallow shoreline areas.
PAGE
02
07/19/1999 82:14 487-984-4816 FI_DI~/MI~BOURNE OFF. PAGE 83
' Mangrov~ assist in protecting war= quality and darityby filtering runoff~d trapping
sediments and debris from adjacent uplands.
* Through a combination of the above fun~ons, trm-l~ conm'bute significandy to the
economy of many coastal counties of Ftorids and the Sta~ of FIodda.
MANGROVE ~G AND ALTEI~'rtoN I~~TION~:
* The law regulating the trimming and altexation of mangroves (The Mangrov= Trimming tud
Preservation Act) w~ ame~led by the 1996 Florida. Leghhmre and became effective July 1,
1996, replacing an previous state regulations r~garding the trimming and alteration of mangroves.
The Department of Envitor~.eatal Protection (departme~) bas bm given the re~pons~ility of
implementing the new law."
* No herbicide or o~her chemical may be used for tha puqx~ ofr~movin$ leaves ora mangrove.
The follo~4ng are definitions for terms used in the new lws~:
1. "Alter~' means ~aything other ~ U~ming of mangroves.
2. "Tm" means to cut mangrove branches, twigs, limbs, and foliase bu~ does not mean to
remove, defoliate, or destroy the mangroves.
.,,
~' "Riparian mangrove fi'inge" means mangroves growing along the shoreline on pd?~e
property, property owned by a governmental entity, or sovereign submerged land (submerged
state-owned land), that do not extend more than 50 feet waterward, as measured from'the think.
of the most landward mangrove tree, in a clkeciion perpe~cular to the shoreline ~o the trunk of'
the most wa~erward mangrove. Riparian mangrove ~ does not include mangrov~ on
uninhabited island~, or publi~ lands that haw been s~ aide for conservation or preservation, or
mangroves on any lands thai have be~n m aside as mifi~on, unless provisions for u'imming are
provided '.m the instrument thai established the mitigation.
4, "Professional mangrove trimm~ the following persons arc qualifi~ as professiorml
mangrove trimmem: -'
a) Certified Arborists, cra-tiffed by the International Sodety of Arboriculture;
b) Professional wetland scientists, certified by the Sod~ty of Wetland Scientists;
c) Certified environ~errtal professionals, certifi~ by the Academy of Board Cerdfi~d
Environmental Prof~sionals;
6) Certified ecologists, certified by the Ecological Society of America4
e) L~censed Landscape Architects, only ~er the Board of Landscape Archkec',s ha~
established ~tandards (as of the date this docurneat was prepared, the Board had not
established standards); and
f) Persons that have b~m ganted professional ma~rove trin~n~' status by the l~partrnent
of' Environmental Protection,
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07/19/1999 02:14 487-984-4816 Fi. DF_P/MELBOURNE OFF.
PAGE
"Department" means the Florida Department of Environmental Protection.
6. "Delegated local government" means a county or municipality that has received delegation
of' authority, from the department, to regulate the trimming and alteration of' mangroves within the
jurisdictional boundaries of the delegated local government.
~TIONS: (mangrove Mmming activities that do not require a permit from thc depmment
or delegated local government)
* No permit is required for a property owner, or someone the property owner supervises, to trim
mangroves located in a ripari~, mangrove fringe on property they own or coutrol or on sovereign
submerged lands, ifthe current tgight of the trees do not exceed 10 feet in height (measured from
the soil to the tallest point of the tree). These trees may be trim/ned down to a height of no less
than 6 fc~ (measured from the soil.to the top of the trimmed tr¢~) by the property owner or
someone they supervise. If`the mangrove trees are taller than 10 feet, the property owner must
use a professional mangrove trimmer to trim the trees. Trees must not be trimmed below a height
of six f~t. If the shoreline along the riparian ownea property exceeds 150 fc,~ in length, no
more than 65% of the mangroves along tl~ shoreline may be trimmed.
* Trimming of'mangroves in a riparian mangrove fringe area that exceed 10 feet in pretrimmed
height, must be supervised or conducted exclusively by a professional mangrove trimmer. The
man. groves must be located on lands owned or controlled by the professional mangrove trimmer,
or the person contraciing with the professional mangrove trimmer, or on sovereign submerged
lands (state-owned submerged lands) immediately water~tard and perpendicular to such lands.
Mangroves that are taller than 24 fe~t cannot be trirnmed and no mangrove may be trimmed
below a height of 6 feet under this exemption. Mangroves that at~ 16 to 24 feet in height must b
trimmed in gages so that no more than 25 percent of their foliage is removed within a one year
period. If red mangroves are being trimmed for the first time v_n_der this exemption, the
professional mangrove trimmer must notify th~ department or dgegged local government, in
ri '
writing, at least 10 days before the trimming a~'tivities begi~ Il'the shoreline along the parian.
owners property exceeds 150 feg¢ in length, no more than 65% of the mangroves along the
shoreline may be trimmed.
* No permit is required to trim mangroves, that are located in a riparian mangrove fringe, to
reestablish or maintain a previous mangrove configuration so long as the trees do not exceed 24
f'ee~ in pretrimmed height and the trees ate not destroyed, defoliamt or removed. If the trcea are
currently taller than 10 fe~t (measured from the soil to the tallest point of'the tree) a professional
mangrove trimmer must be used to conduct the trimming. Proof of the previous mangrove
corLfigUration must be available through an affidavit fi'om someone with personal knowledge of'
the previous configuration, current or past permits, or photographs, if red mangroves are being
trimmed for the first time, the department or delegated local government must be notified in
writing at least 10 days before the trimming occurs.
* Mangroves trimmed under an exemption or government auflu~ization can be msin~
without a permit so long as the t~ecifieatioll!i of the exeml~tion or g~vernment authorization are
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87/19/1999 82:14 487-984-4816 F'LDEP/HS_I~]URNE OFF.
i
hoot exceeded (¢.8., heist, confi~fion). Trimming under this excretion is hoot limit=cl, to tx'ee~
loc,~ed in ~ dparia~ ~ove ~nse.
' Various exemptions ge provided for mm~'ove trimming by mrveyors, ~nd governmental
entities.
PEKMITS:
* In ~xe~ where the dep~rtmem has dele$~ted its authority to reguI~te the trin~n~ng md ,,Iteration
oo~ man,'oyes to ~ looe..~l government, no permit to trim or alter mgrove~ under the lV~grove
Trimming and l~re~erv~on Act i~ required from th~ depmmet~ I-t~wever, permn~ wi~ng to
coonduct m~ngroove trimming or ~lter'~ion activitie~ thax do not ~ for ~n exemption md are to
take place within the jufisdictiomal ~re~ of a cleles~ed looc~l gov~ntnent, mu~ obtain ~ permit
from the ~telegated loocal gov~nmen~ before trimming or ~ltering my mmgrove~.
* Persoons' wishing too conduct m~n~rove trimming activitie~ th~ do hoot query foor one oof the
exemptions de.ed ~ove. md the m~ngrove~ proposed m be trimmed are located in a fi'inge
that is 500 feet in width or less ~nd not located within the juri~cfiotml boundaries of a delegated
local $ovemmenL must apply for a general permit fi'~rn the dep~me~
* Persons wishing too conduct mangrove ~llera~ion oi' tfinm~ ~'tivitie~ tlm do not q~ for
one o~e ~empfiom or ~ p~, m~ ~pply for m ~~ pe~ ~o ~t~ or ~
m~ov~ ~om ~e d~~t or a d~t~ lo~
* FOr moore ~o~fion ou m~ove re~afion~ ~g or ~on p~ ~n~ one of
the dep~ent's di~ o~c~ ~ beloow:
$outhwe.~t District / Tmpa / 813-5344100
South Ftofid~ Di~xi~ / ~on My~ / ~1-3324975
C~ Di~ / O~do / ~749~755~
South~t Di~fi~ i We~ P~ B~h / ~7~33-2650
TflI~see ~ ~ / ~88-5631
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07/I9/ISSS 82:14
407-984-4815
t
FLDEP/MB_BOURNE OFF.
PROFESSIONAL ,MANGROVE TRIMMERS
The foilowin~a 9ersons are considered pro[%saional man_re'ore trimmers:
P)
¢6)
(7)
Certified arborists, cerdtied by the Imemational Sodew of Azbodc~Imre:
Professional we;land sdentir,~: c,,rtifled by the Society. of Wetland Sciendra;
Person~ licemed under par~ II of chapter 4gl (Land,rape Architects) after the B°~ci ~f
Landscape Archhecmre establishes appropriate $tandard~. continuing legal education
requirements, and penalties for violahng provisions of the Man?ove Trimming and
Preservation Act, (Aa of the date there procedures were developed, the Board of LA'a had
no~: established, the requh', ed standards)
Persona who have been qualified as a professional ~ve Mn'cae' b?' a dele.~ated local
government through a man.m-ove-h"immia_a qualification pro.m-ara. Such persons may trim
within the jurisdictional area of;he delegated local gov~nunent that qualified them.
Persons may become qualified by the depmmem ~ professional mm~ove triz~ers.
Pso~ession~ mm~ove ~e~ q~ed by the d~~ m~v Mm h ~e~ of the ~ate
where ~e dep~ent h~ not deie~a~ed ~e au~o~ ~ r~lm m~ove ~ng ~d.
alteration to a loc~ ~ove~c To become qu~ ~ a profe$~o~ m~ove ~er
by the dcp~en% a p~on ~ ~b~t a no~ ~m aatem~t to Bi~ Cato~
Bureau of.&q~c Pl~t ~emen~ 2051 E~ ~ Drive, T~l~see, Hodda 32310,
wMch includ~ ~ fo~o~n~:
ihs~ the applicant has succsssfully comCeced a ~o~nm of I0 m~m~m-ove trimming
proje~:s amho~ed by ~e dep~em or a loc~ ~ment pro~..~ach pmje~
mus~ be sep~tely iden~ by projcc~ ~c ~d ~t number.
a copy ot'~e 10 pe~s be subdued ~mh thc r~cnt. Td~g proje:~
conduc:ed under the exemptions in s. 40~.9~.6. F.S.. ~I1 be considered. However.
the ~ppiicant m~ pro,de su~cient do,mention ~ ~e ac:ivi:ies were pe~ed
by the applicon;, e.g.. billing records. ~xa~ ske i~do~ name and address o( the
np~Han owner, letter ~om the dp~ owner ~g the appikanfi resoonsibiiitie~ in
the oroies:, and des~pdon oCthe ske before md ~ Mining so
de~e~inadon can be made [C~e pro~e~ w~ ~t: m~
lha~ no man.ore trimming or alteration pmje.~ o£the ap.oiicant is in violation of the
.Man?ore Trimming and Prese~ation Ac: or aro.' lawful rules adopre~, thereunder:
and.
P~GE 86
I SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, AUGUST 11, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
DRAFT
e
Mayor Wininger called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Pastor Frank Camiilo, Police Chaplain and First Baptist Church.
ROLL CALL
._City Councill~resen~;
Mayor Martha S. Wininger
Vice Mayor Chuck Neuberger
Mr. Joe Barezyk
Mr. Edward J. Majcher, Jr.
(~i~ C..o_~ncil Absen~
Mr. Ben A. Bishop (excused)
Staff Pre,mt:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Katla~ O'Hailoran
Chief of Police, Randy White
Finance Director, Mark Mason
Public Works Director, Terry Hill
City Engineer, Martha Campbell
Deputy City Clerk, Sally Maio
Regular City Council Meeting
August 1 I, 1999
Page Two
DRAFT
99.105
99.158
99.159
AGENDA MODgl~C~S~TtONS (ADDITIONS AND[OR ~[~LETIONS)
Items not on the written agenda may be added only upon a majorit~ vote of CiO, Council members (R-99-21)
None.
PROCLAMATIONS. ANNOUNCEMENTSAND/OR PRESENTATIONS
Stat~ Rei~r.c~gatatiye Charles Semble£- Presentation of Florida Recreation De¥l:lol~ment Assistance
Program Ceremonial Gr~t Check
RepresentatiVe Charles Sembler presented the ceremonial check in the amount of $100,000 for the
Florida Recreation Development Assistance Program Grant to Mayor Wininger, Vice Mayor
Neuberger and City Manager, Terrence Moore.
B. ~[¢am Player Awards to Cikv Staff Member Volth'g. eexs - 4th of July Float
Vice Mayor Neuberger read and presented awards to the following City employees and family
members present who volunteered their time on the City's 4th of July Parade Float: Steve Albo, Ann
Brack, Cathy Bricker, Jody Brieker, Bo Clark, Jerry Converse, Jera Converse, Joe Dillon, Bueky
Gerber, Steve Jennings, Mike Nieholson, Jerry Pollifi.one, Mark Sanders, John Tenerowicz, Mark
Veidt, Nancy Veidt, Jenna Veidt, and Nicole Bethune.
CITY ATTOR~Y MATTERS
Reported on the Fischer ease mediation, noting there is an offer to settle on the table in the amount of
$300,000. He advised that fi.om a legal standpoint there is no s~ong basis for the claim, and noted
that the Florida League of Cities attorney also recommends the City does not settle. It was the
oonsensus of City Council to follow the advice of the City Attorney.
Repo~a:l that the personnel matters ordinances will be on the next agenda.
CITY MA~bGI~g M~TrERS
A. ]~ort on Incli~o.xR,iyer County Censll~ 2000_Community Action Committee (Ginn Lelter_7/22/99~
The City Manager said Indian River County was looking for support from staff members as well as
the public, and advised that he will attend the fwst meeting in September along with members fi.om
staff. He said Council can also select someone from the public to attend.
MOTION by Wininger/Majcher
"I would like to at this point move to appoint you, Mr. Terrence Moore, as Sebastian's
governmental representative."
2
Regular City Council Meeting
August 1 l, 1999
Page Three
DRAFT
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neubergex - aye
Mr. Barczyk - aye
Mr. Bishop - absent
Mr. Majcher - aye
MOTION CARRIED 4-0
99.160
Discussion of S~ction I 0 of City Resollltjon_Iqo. R-99-21 - Verbatim Transcripts o~
Meetings
The City M .a.a.a.a~ger, in light of some confusion tm the issue, read section 10 of Resolution No. R-99-
21 as follows, "The City Clerk's office is not required to prepa~'e verbaam transcripts or parts of
any minutes of City Counc~_l meetings unless City Council, by majority vote, directs verbaam
transcripts for any parts of any minutes it deems necessary and proper for conduct of inte.rn al
affairs of city."
Other Matters
The City Manager stated that two City Council members have expressed interest in attending
upcoming presentations on grants; and discussed concerns expressed by certain members of the
public, Council and stall'relative to Sunshine Law matters. He said it is common practice and
appropriate for multiple members to attend these types of functions; then sought direction' from
Council.
Mayor Wininger stated that members who are going to represent the City should be appoinWxt by the
City Council, and requested a City Attorney opinion on members traveling together.. '
The City Manager requested direction fi.om Council on the August Indian River County and
September Tallahassee presentations.
MOTION by Wininger/Neuberger
"The City of Sebastian representatives should be the City Manager and the Mayor. If I am
unable to attend I would nominate Vice Mayor Nenberger unless he is also unable to attend." Then
added" that's the trip to Tailahassee."
ROLL CALL:
Vice Mayor Neuberg~' - aye
Mr. Barczyk - aye
Mr. Bishop - absent
Mr. Majcher - nay
May. or Wininger - aye
MOTION CARRIED 3-1 (Majcher - nay)
Regular City Council Meeting
August 1 I, 1999
Page Four
DRAFT
99.159
Mayor Wininger said the same representation would apply for the Vero meeting. It was noted that
the August meeting was an open County Commission meeting and all Council members could attend.
CITY ~L]~RK ~4ATTERS - None
CITy CDuNcI~ M~3TERS
Ao
Mr. Makher
· Discussed calls received from the public and distributed renderings of proposed restrooms
for the Yacht Club. It was noted that funds are proposed in the next fiscal year.
Mayor Wini~ger
City Representative to Indilm Rioter County Census 2000 Community Action Comnfirtee
LGmt~R~ 7~22~99)
This item was previously addressed.
Other Matters
Discussed a letter from the governor regarding "Front Pomh Florida" and asked theCity
Clerk to provide a copy of the letter to each Council member and then the City Mfiaager can
report on whether the City could participate
Expressed concern for critical remarks made by staff and Planning and Zoning about
Council, advising if nothing good could be said nothing should be said
Gave a letter to the City Attorney regarding a sandmine being constructed in the county
abutting the City of Sebastian, and inquired whether City resident abutters would receive
notification
Noted that the City is getting a lot of publicity on the water restriction, and that the County
has no restrictions.
Inquired about the reason for flooding on Caprona and Capri
Said the City is watering during the day and should set a better example
Asked why patches on Schumann can't be temporarily paved
Stated that a dead tree in the Schumann median is still there
Vice May. or N~uberger
° Stated that John Tenemwicz opened the sewers on Caprona and Caprice right away
· Congratulated Public Works on the success of the Dempsey/Vocelle drainage
Mr. Barczyk
* Inquired where thc Riveffront bike racks were and it was noted they were in place
. Discussed a 7/12/99 memo asking for support for preservation of Pelican Island and
requested it be placed on an upcoming agenda. City Council concurred.
4
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JRegular City Council Meeting '
~August 11, 1999
Page Five
I E. Mr. Bishop - Absent
I 11. CONSENT AGENDA
All item~ on lhe consent agenda are conMdered routine and will be enacted by one motion. There will be no separate discu&vion of
con~t agenda ita~n~ unlesa a member of Ci{y Council ao requests; in which evenK the item will be removed and acted upon separately.
I A. Approval of Minutes - 7/21/99 Workshop, 7/28/99 Regular, 8/4/99 Budget Workshop '
I 99.161 B. Resolution No. R-99-43 - Support for Indian River Lagoon Scenic Highways Program (City Clerk
II Transmittal 8/4/99, R-9943)
I A RESOLLrlION ~F THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING DESIGNATION
I ~[~.. IAN RIVER LAGOON SCENIC HIOI-IWAY; PROVIDING FOR CONI:LICT; PROVIDING FOR EFFECTIVE
I 99.162 C. Resolution No. R-9944 - Vacation of Easement - Gonsior - Lot 2, Block 4, Sebastian ' '
· Highlands Unit 1 (Growth Management Transmittal 813/99, R-99-44, Application, Site Map, Staff
Report, Utility Letters)
I A RESOLIJ'nON OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrNTY, FLORIDA, VACATINO A PORTION OF
CERTAIN F_.3StRvfl~lqT OVER LOT 2, BLOCK 4. SEBASTIAN HIGHLANDS, IJNIT 1; PROVIDING FOR CONFLICTS
I-IEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
I 99.163/ ' D. Resolution No. R-99-45 - Final Plat - Fischer Lake island Subdivision - Phase Two (Transmittal old
8/4/99, R-99-45, Final Plat Under Separate Cover)
I A RESOLUTION OF THE C1TY OF SEBASTIAN, iNDIAN ~ COUNTY, FLORIDA, APPROVING THE FINAL
PLAT FOR A SUBDIVISION KNOWN AS FISCHER LAKE ISLAND PHASE II; PROVIDING FOR CONFLICTS
i HEREwrrI-I; PROVIDING FOR EFFECTIVE DATE.
99.164 E. Prior Approval for Councilmcmber Neubergcr to Attend Florida League of Cities Conference -
_ Orlando - August 19-21, 1999 in Accordance with Section 2-34 Code of Ordinances and State
I Limitations (City Clerk Transmittal 8/2/99, Conference Information)
99.143 F. Request for Community Center - Operation Hope-Ministxy of Freedom Christian Center, Inc. -
i Fundraiser - 8/28/99 - 7:30 pm to Midnight - Use After 11 pm and Charging Admission Fee
I1 Requires Council Approval - Security Deposit Paid - Forms Provided for Police Personnel (City
Clerk Transmittal 8/2/99, Application, Excerpt ofR-98-43) .
I 99.135 G. Approve Date Change for Chamber of Commerce Summer Concert in Riverview Park to August 28,
1999 and Authorize City Clerk to Coordinate Any Future Date Changes for Council Approved Uses
I (City Clerk Transmittal 8/5/99, Chamber Letter)
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DRAFT
August 11, 1999
Page Six
The City Manager read the consent agenda and the City Attorney read titles for Resolution Nos.
R-99-43, R-99-44 and R-99-45.
Mayor Wininger removed item E.
Item E, Nc~l~erger
MOTiO~ by Winingex/Barczyk
I will move to approve items A, B, C, D, F and G of the consent agenda."
ROLL CALL: Mr. Barezyk - aye
' Mr. Bishop - absent
Mr. Majcher - aye -
Mayor Wininger - aye '.
Vice Mayor Neuberger - aye
MOTION CARRIED 4-0 ,
99.164 E. ~rior Approval for Coun~i~mb~r Neubergcr to Attend Florida League ot~ Cities C~of. ercnce
MOTION by Winingea'/Neuberger
I move that the Council approve Mr. Neuberger,!o be the City's voting delegate at the 1999
" Florida League of Cities conference in Lake Buena Vista.
ROLL CALL: Ma-. Bishop - absent
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr.
Barczyk - aye
MOTION CARRIED 4-O
MOTIO,N,, by Wininge~/Ba-ezyk ,,
I will move to approve item E of the consent agenda.
ROLL CALL: Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barezyk - aye
Mr. Bishop - absent
MOTION CARRIED 4-0
6
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~egular City Coum:i Meetin§
IAugust 11, 1999
Page Seven
i 12. PUBLIC FIEARING
Procedure,~ for public h~tring$: (R-99-21)
o Mayor Opens Hearing
I · Attorney Reads Ordinance or Resohttion
. StaffPre~e. ntation
· Public Input - Limit often Minutes Per $t~ak~r
· Staffgummat~on
Anyon~ Wishing to Speak is Aslant to gign Up be]'or~ the Meeting, When Called go to th~ Podium and Stata Hi~ or Her Name.for thc Record
I 99.146 A. Ordinan~No, O-99-05 - Eliminating $23_0 C~ on Utility Tax - Se~orgl Readh-~ ~4 public
I-!eaong (Ci~ Attorney Transmi~al 7/7/99, Propo,ggt 0-99-05)
Alq ORDINAlq~E OF THE CITY OF SEBASTIAN, llqDIAbl RIVER COUNTY, FLORIDA, REMOVING THE CAP ON
I PUBLIC SERVICE TAX;PROVIDING FOR CONFLICTS; PROVIDIN~ FOR SEVER.ABILITY; PROVII)Ilq'G FOR AN
EFFECTIVE DATE. (F'~t Reading 7/14/99, Advertised 7/28/99, Public Hearing & Adoption 8/I 1/99) '
I Mayor Wininger opened the public hearing at 7:43 p.m. and the City Attorney read Ordinance No.
0-99-05 by title.
I Ruth Sullivan, Indian River Drive, Sebastian, opposed the removal of the cap.
TAPE I. SIDE II (7:48p.m.)
I .j'~ Larry Paul, Sunset Lane, Sebastian, suggested phasing in a tax of 3 or 5%, and questioned the
justification for the removal of the cap. '
I The City Manager responded to concerns by explaining the reasons for the removal of the cap, the
current requirement for the 10% tax, and proposed millage reduction. '
I The Finance Director presented an analysis (see attached), noted that cable and sewer do not have a
utility tax; and the City Manager concluded that the cap is illegal and reiterated that the removal of
the cap will benefit the entire community by reducing properff taxes.
I Mayor Wininger dosed the public hearing at 8:07 p.m.
I City Council discussion followed.
MOTION by Wininger/Majcher
I "I move to adopt Ordinance No. O-99-05."
At this time Larry Paul again requested to address Council, and on the advice of the City Attorney,
I motion and second were withdrawn to allow Mr. Paul to speak. Mr. Paul inquired what could be
done if the ordinance i,s adopted and it does not work. The City Manager said it will be looked at
again before ne~ year s budget process and recommendations would be made accordingly.
!
DRAFT
Regular City Council Meeting
August 11, 1999
Page Eight
Mayor Wininger inquired, since she had closed the public hearing, why the City Attorney advised
that Mr. Paul could speak.
The City Attorney said "From a parliamentarian standpoint, you cut off input at the time of a motion,
now the public hearing was off, she probably should have reopened the public hearing if you were
going to take anybody. The actual cutoffon any public input is at the time a motion is on the floor,
at that time you're not supposed to allow anything else other than deliberation among the boar&"
Mayor Wininger then asked" Should tlfmMayor closes hearing be in our list of prooedures?" and
the City Attorney responded, "I don't think its a legal requirement that you have it."
MOTION !~ Wininger/Majcher
"Once again I move to adopt Ordinance No. O-99-05."
ROLL CALL:
Mayor Wininger - aye
Vice MayorNeuberger - aye
Mr. Barczyk - aye
Mr. Bishop - absent
Mr. Majcher - aye
MOTION CARRIED 4-0
99.155
Ordinance No. O-99-09. Amending Land ]~ateloi~ment Cc~le to Allow RV Storag~
Diarist - First Public Hearing - Second Public Hearing is Scheduled fQr g/25/99 (City Attorney
Transmitt~k 0-99-09)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ~ING ~ LAND
DEVELOPMEWr CODE BY CREATING SECTION 20A-3.7.O, COMMON VEHIC~ STORAGE AREAS W1THIN
THE R-MH ZONING DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERAB]L1TY; AND
PROVIDiNG FOR AN EFFECTIVE DATE. (Flint Reading 7/28/99, Advertised Display 8/3/99, 1st Hearing 8/I 1/99, Will
Be Advertised 8/18/99, 2nd Heari, g Scheduled for 8/25/99)
The City Attorney read Ordinance No. O-99-09 by title; Mayor Wininger opened the public hearing
at 8:22 p.m; and the City Attorney briefly reviewed the ordinance, noting it requires two public
hearings.
There being no input, Mayor Wininga' closed the public hearing at 8:25 p.m.
Discussion took place on the location of the RV storage areas.
MOTION by Majcher/Barczyk
"I move that we approve Ordinance O-99-09 allowing RV Storage in R-MH district" then
added," and schedule the n~t public hearing to be set for 8/25/99."
Regular City Council Meeting
August 1 I, 1999
Page Nine
DRAFT
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - absent
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 4-0
13.
IJVrRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which i$ not otherwise on the agenda - sign-up
required - limit often minutes for each sjoeaker
It was noted for the record that Don Studley did not appear as requested at the last regular meeting.
Jayne Barczyk, Sebastian, said she had been in contact with Glen Mayne, Coordinator for Project 2000 in the
State Office of Planning and Budgeting, who advised that Indian River County is Y2K compliant; and
reiterated her request for a log of public works projects schedules and estimated costs to be placed in the City
Council Chambers during meetings.
TAPE 1I - SIDE II (8:33 jo.m.)
The City Manager said he proposes to distribute a quarterly newsletter to residents and make available a
capital projects schedule in the next fiscal year.
Mayor Wininger called recess at 8:35 p.m. and reeonvened the meeting at 8:48 p.m. All members were
present
14. ~QMMITTEE REPORTS/RE CO_MMENDA~I O.NS
None.
15. OLD BUSINES~i
None.
16. NEW BUSINES~t
99305 A.
Approve Addendtlm to Qgtion for P.!4rchase Agreement for Good_Olly~LInc. Pxoperty (C~ty Manager
Memo 8/4/99. Asldendur~ A)
Discussion took place on liquidating the waterline assessment on the property contingent upon the
City purchasing the property; and proposed reduction of the sale price of the property.
Regular City Council Meeting
August 11, 1999
Page Ten
MOTION by NeubergerfBarezyk
"Motion to approve."
DRAFT
ROLL CALL:
Mr. Bishop - absent
Mr. Majeher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 4-0
99.165
Bo
Reschedule Novemb~ andBmanb.r CiB, Council Meeting~ Due tot Holiday Closing~ (City Clerk
Transmittal .7719/99, Calenda~i
MOTION by Wininger/Neulxager
"I move to reschedule the City Council meetings in November, November 3 and 17;'. in
December, to December I and 15.'
ROLL CALL:
Mr. Bishop - absent
Mr. Majcher - aye
Maya. Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 4-0
99.166
Award Bridge Repair Bid to Low Bidder CEM Enterprises. Inc. (Public Work~ Transmittal 8/4/99.
Bid Tabulation Form)
The City Engineer said staffwill withhold awarding the Englar bridge contract until funds are
available.
MOTION by Barczyk/Majcher
"I'd like to make a remmmendation to award Bridge Repair bid to CEM Enterprises, Inc. as
the lowest bid on agenda item number 99.166."
Vice Mayor Neuberger cited problems at 343 and 357 Melrose, and the Public Works Director said it
is being addressed.
ROLL CALL:
Mr. Majch~r - aye
Maya' Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - absent
MOTION CARRIED 4.0
10
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IRegular City Council Meeting
August 1 l, 1999
Page Eleven
I 99.145
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99.147 F.
DRAFT
Approve Challg~ Order to FelixEquities Barber Street Sports Complex SoutII£BSSCS) Site
l~wlopment Cootract - Pave Parkirtg at BSSC Sottt3 in the Anlount.o[~0~016 50 (Public
Transmittal_ 8/~/99. Change Order # 1)
MOTION by Barezyk/Majcher
"I'd like to move to approve Change Order #1 with Felix Equities for the BSSCS Site
Development Contract in the amount of $20,016.50."
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Ncuberger - aye
Mr. Barczyk - aye
Mr. Bishop - absent
Mr. Majcher - aye
MOTION CARRIED 4-0
First Reading of Ordinance No, 0-99-1_2 - Amending 0-99-03 Water Resection Plan (City Attorney
Transmittal 8L4L99. Proposed OrdiIl~mce, Revised Walgr ~lall Text. Memo to Council 8/4/99)
AN ORDllqAIqCE OF TIlE CITY OF SEBASTIAN, llqDIAN RIVER COUNTY, FLORIDA, A/vtENDING THE CITY OF
SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFYEC~ DATE.
The City Attorney read Ordinance No. O-9912 by title and summarized the amendments.
David Johns, requested further clarification.
MOTION by Neuberger/Majeher
"I make a motion to approve the fa'st reading and set the second reading of the water
ordinance Ordinance No. O-99-12 September 8."
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - absent
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 4-0
Review False_),larm Ordin~ce and l)irect Staff (Indian River County Ordinance)
Mayor Wininger requested that in the future there always be a transmittal on all agenda items. The
City Manager said he had provided the County's ordinance for deliberation and direction from
City Council on how it wished to proceed.
11
Regular City Council Meeting
August 1 I, 1999
Page Twelve
DRAFT
Discussion followed on the fee structure, and the possible difference for fire and medical alarm calls.
Mayor Wininger requested recommended action by the City Manager and City Attorney. The City
Attorney said if Council is inclined to concur with the ordinance, he can bring it back with a revision
to the fees in accordance with prior discussions by Council. The City Manager said this item would
be brought back with appropriate recommendations to City Council on August 25, 1999.
17. Being no further business, Mayor Wininger adjourned the Regular Meeting at 9:2:5 p.m.
Approved at the
,1999, Regular City Council Meeting.
Martha S. Wininger
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk'
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SEBASTIAN CITY COUNCEL
1999/2000 FISCAL YEAR BUDGET
WORKSHOP
MINUTES
WEDNESDAY, AUGUST 18, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Wininger called thc Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited and there was a moment of silence.
]lOLL CALL
City Council Present:
Vice Mayor Chuck Neuberger
Mr. Joe Barczyk
Mr. Ben A. Bishop
Mr. Edward J. Majcher, Jr.
City Council Absent:
Mayor Mar[ha S. Winln_ger (exceed)
St~ P~esent;
City Manager, Temm~ Moore
City Attorney, Rich Siringer
City Clerk, Katluyn O'Halloran
Finance Director, Mark Mason
Growth Managemeat Director, Tracy Hass
Building Director, George Bonacci
Human Resources ~, Rich Samolewicz
Public Works Director, Terry Hill
City Engineer, Martha Campbell
Chief of Police, Randy White
Airport Manager, john Van Antwerp
Acting Golf Course Manager, Gte§ Gardner
Deputy City Clerk, Sally Maio
DRAFT
City Council Budget Woflc~hop
August 18, 1999
Page Two
DRAFT
pUBLIC COMMENTS
David Johns, Sebastian, discussed the Airport fund and Airport Manager.
COUNCIL COMMENTS/DIP~(~TiONS - 1999/20_00 FISCAL YEAR BUDC:tET
Acting Chair, Vice Mayor Neuberger, requested that Council go through each page and item at a time.
Discussio~ took place on nOn-designated funds balance. Mr. Barczyk requested that the fund be fi'ozen at its
current figure until staff comes back to Council with a plan for its use. The Finance Director reiterated it
would behis recommendation to set aside $350,000 for an emergency fund in the near future.
I~egislati~e 01000l
The City Manager stated that adjustments can be made mid year for increased salaries if approved at'
referendum
No changes were made.
City Mar~ 010005
No changes were made.
City Clerk 01OOO9
No change~ were made.
Finance 010020
It was noteeI that auditing is split among several funds; and that approved exempt salary increases are located
in non-depmmental expenses ($35,000) at this time.
City Att~ 010010
No change~ were made.
p~lice Adm, illistration 010041
It was noel there is $30,000 budgeted for consultants to determine feasibility of merging dispatch with the
Sheriff's office and for accreditation costs. The City Manager said approval for a consultant will come back
to Council for approval.
No change~ were made.
2
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City Council Budget Workshop
August 18, 1999
Page Three
DRAFT
Police [Jniform Division 0 [0043
Discussion took place on the MACE officer. Vice Mayor Neuberger said he would like to have the officer
pulled back i~ service for the City or the position separated out from other officers in the budget. The City
Manager distribut~ a memo fi'om Chief White relative to the program (see attached).
TAPE I. SIDE II (7:46p. m.)
No changes ~ae made.
· police Detective Division 01_9947
No changes ~ ma~.
Police Di~p~t~ Pi~'jsion 010049
The proposed consultant to review the dispatch division was discussed.
No changes ~ made.
Human Res~;e~0 I0035
It was noted thexe was funding provided for a consultant to look into employee pension.
No changes ~ made.
Growth btan~ement QI0080
No changes ~a'e made.
Building ~k010085
It was noted ~ staff members will meet soon to review permit fees for possible increases.
Neuberger dimmed the possibility of the Building Department being an enterprise fund.
No changes ~ made.
Public Wo~gjl~eering 01005
No changes ~ made.
goad~ mO Drainage 010052
No changes were made.
Vice Mayor
City Council Budget Workshop
August lg, 1999
Page Four
DRAFT
o Building Mai~tenange 0 ! 0956
The PublicWorks Director said it was his intent to contract out janitorial services.
No changes ~e made.
* Garage 0100'54
No changes were made.
* Parks and l~:~liion 010057
Discussioa laok place on park refurbishment. Mr. Bishop said Pat Rivizzo had told him he was 'willing to
put a gro~ of people together to refurbish the Creative Playground if the City supplied the materials. '
No changes were made.
* Cemetery 010059
No changes w~re made.
* Non-Dep~meatal 010099
TAPE lt- slDF. I (8:$$ p.m,)
The Finan~ Director again stated that the salary line will cover exempt salary increases and incentive
increases. He noted that each department's budget includes 5% to cover contractual increases~
No changes were made.
~po:ial ~ Funds
No changes were made.
Local Ovfioa Ga~ T~
No ch~ ~ m~.
Discrg~ Sal~ T~
No ch~ ~ m~e.
~bt Se~ F~
No chm~ ~ m~e.
4
City Council Budget Workshop
August 18, 1999
Page Five
D/ AFT
Capital Ir~l:ov~n_~t
No changes were made.
Golf Coupe Enterprise Fund - Administrative 4101 ! 0
No changes were mme.
The City Manager distributed a calculation of management service fees to Golf Course and Airport (see
attached)
Golf Course Enterprise Fund - Gr~p~. and Maintenance 410120
No changes were made.
Golf Course Enterprise Fund- C_art Expenses 410130
It was noted that replacement of the fleet will occur next year.
Airport Funql- Airport Revenues - 450010
~u-port Fund - Administration - 450_13 0
The City Manager noted that it was his intent to conduct a feasibility study relative to the requested full time
position.
No changes were made.
M~or_Equipment Replacement Frond Revenue and Expenditures - 610100
Following some discussion, it was the consensus of Council to move the requested tracked excavator fi.om
fiscal year 2000/2001 to 1999/2000; and the City Manager advised that the $90,000 could come fi.om the
non-designated fund balance.
excavator at this time.
Trust Fun~
No changes were made.
Five Year Callital Olttla.Y Schedule
No additional changes were made.
Being no further business, Vice Mayor Neuberger adjourned the Workshop at 9:23 p.m.
The Public Works Director said he had adequate staff to operate an additional
5
City Council Budget Workshop
August 18, 1999
Page Six
ApproveA at the
Kathryn M. O'Halloran, CMC/AAE
City Clerk
6
D AFT
,1999, Regular City Council Meeting.
Martha S. Wininger
Mayor
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City of Sebastian
1225 Main S~eet
Sebastian, lqorid~ 32958
Telephone (561) 589-5330
FAX (561) 589-5570
Subject: Request for use of Riverview Park
A~,~. ~o. '~ / ?0
Department Origin: City Clerk
Date Submitted: 8/5/99
For Agenda of: 8/25/99
Exhibits: Letter Dated 8/5/99
Expenditure Required:
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
A letter has been received from Shirley Moore, President of the Welcome Wagon Club of Sebastian,
requesting the use of Riverview Park on October 30, 1999 from 9:00 A.M. until 2:00 P.M. for an
Octoberfest with a picnic for members and their spouse~
They are also requesting the usc of electricity for thc event.
RECOMMENDED ACTION
Consider thc request and act accordingly.
WELCOME WAGON'
INTERNATIONAL,INC.
WELCOME WAGON BUILDiNG
145 COURT AVENUE
MEMPHIS, TENNESSEE 38103-2292
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City of Sebas_t, ian, Florida
Subject: Pelican Island Preservation Agenda No.
Society, inc. - Use of Riverview Park
(/]~~ ' ~.~f'/,~ Manager Department Origin: City Manager
~/ '"[~'-"--'~'Asst. To City Mgr./Purchasing
Date Submitted: 8/17/99
For Agenda off 8/9.5/99
Exhibits: Letter dated August 13, 1999 from Ruth Davies, Secretary, Pelican Island
Preservation Society
EXPENDITURE
REQUIRED: N/A
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED: -0-
SUMMARY
Pelican Island Preservation Society (P~S) has requested the use of Riverview Park on Sunday,
March 12, 2000, from 10:00 a.m.- 4:00 p.m., with one (1) hour set up time before and after, for the
972 Anniversary Celebration of Pelican Island National Wildlife Refuge. There will be various ,
exhibitors at this event, such as, arts and crafts, food vendors, exhibits by non-profit organizations
and educational exhibits. The use of electricity is required.
Unless otherwise stipulated by City Council, the following established rules for the use of Riverview
Park would be applied.
1. $100.00 Security Deposit
2. No vehicles in Park
3. Applicant to provide sufficient waste receptacles and clean up after event
4. No alcoholic beverages are permitted in the park
5. All displays must be clear of sidewalks and entrance ways
6. All goods for sale must be handmade by members of the organization
7. Applicant must contact and receive approval from the Health Department regarding sale of
food.
RECOMMENDED ACTION
Move to approve the Pelican Island Preservation Society's request to use Riverview Park on Sunday,
March 12, 2000, from 10:00 a.m.- 4:00 p.m., with one (1) hour set up time before and after, for the
97th Anniversary Celebration of Pelican Island National Wildlife Refuge, with the use of electricity and
established standard park rules as mentioned above or whatever established rules are in effect at time
of event.
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Preservation Society, Inc. I
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President
Walt Stieglitz
561 / 663-9750
August 13, 1999
Vice President
Ilka Daniel
561 / 5894973
Secretary
Ruth Davies
561 / 589-3687
Treasurer
David Cox
561/388-6058
Board Members
Anne Putman
Rachel Salvage
Lynn Stieglitz
Jackie Westphal
Mr. Terrence Moore, City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Dear Mr. Moore:
Pelican Island Preservation Society (PIPS) would like to.
reserve the use of Riverview Park for the celebration of the
97th anniversary of Pelican Island National Wildlife Refuge.
Exhibitors at this event will be arts and crafts vendo~s, food
vendors, exhibits by non-profit organizations, educational
exhibits featuring live reptiles and birds of prey (Florida
Audubon Birds of Prey Center; Treasure Coast Wildlife Sanctuary,
Brevard Zoo, to name a few). Program from last year's event
is enclosed for your information.
Ex officio
Paul Tfitaik ..,
DATE:
PLACE:
TIMES:
SUNDAY, MARCH 12, 2000
RIVERVIEW PARK, SEBASTIAN
EXHIBITS FROM 10 AM - 4 PM; SET UP TIME
APPROXIMATELY 1 HOUR BEFORE AND AFTER
PIPS is a 501(c)(3) organization and our tax ID number is:
. We have registered with the FL. Department of
Agriculture & Consumer Services under the requirements of
Chapter 496, Florida Statues, Solicitation of Contributions
Act. We are incorporated in the State of Florida.
Feel free to give me a call at 589-3687 if you have any question
or concerns about either PIPS or the event to commemorate the
97th anniversary of the Pelican Island National Wildlife Refuge.
Sincerely,
Ruth Davies, Secretary
PELICAN ISLAND PRESERVATION SOCIETY (PIPS)
enclosure
P.O. Box lg03 · Sebastian, FL 32978
City of Sebastian
AGENDA SUBMITTAL
Agenda No. ~-/~q
Subject: Ordinance 0-99-06; amending
Code Chapter 66 (Nuisances)
Approved for Submittal by:ICity'M,~g~'~.~
Exhibits: Ordinance O-~t9-06
Department Origin: Ci~_~
Date Submitted: 7/22/99
For Agenda of.'
Expenditure Required: n/a
Amount Budgeted: n/a
Appropriation Required: n/a
7/28/99
&
8/25/99
SUMMARY STATEMENT
This ordinance makes two changes to the existing public nuisance abatement provisions of -
· .,'Chapter 66:
1. Shortens the notice and compliance time for nuisances that threat the public
health and safety, and
2. Gives the assessment lien for abating nuisances a special priority.
It is believed the City will be able to more effectively combat public nuisances because:
1. The current time restraints of the Chapter and code enforcement action
(the other primary means of abating such nuisances) allow dangerous
conditions to remain for weeks before the City can have them remedied,
and
2. In most cases the City never recovers the money it spends abating
nuisances because the lien are subject to foreclosure by the mortgage
and/or do not have to be paid when homestead property is sold.
RECOMMENDED ACTION
At 7/28/99 meeting:
Move to pass Ordinance 0-99-06 on first reading, schedule second reading and public
hearing for 8/25/99, and authorize City Clerk to advertise for same.
At 8/25/99 meeting:
Move to approve Ordinance No. 0-99~06.
ORDINANCE NO. 0-99-06
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES
CHAPTER 66; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WltEREAS, Chapter 66 of the Code of Ordinance provides a mechanism for the City to abate
public nuisances; and
WItEREAS, the times provided violators for corrective action under said Chapter does not allow
quick action to protect the public health and safety; and
Wl:i-E~REAS, state law provides for much shorter time periods for the correction of safety
nuisances; and
.. ". WHEREAS, the viability of using said Chapter is further h/ndered by the absence of language
necessary to fully enforce the lien for expenses incurred in nuisance abatement.
NOW, THEREFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1.
That section 66-1 of the Code of Ordinances, City of Sebastian, Florida is hereby
Sec. 66-1. Definitions.
The following words, terms and phrases, when used
in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly
indicates a different meaning:
amended to read as follows:
Enforcement official means either the City
building official, code enforcement officer or city
engineer as a~oroDriat~ to the alleged violation.
Improved real property means any lot, tract or
parcel of land upon which a structure of any kind or
type has been either placed or constructed. Improved
real property shall not include property which is
otherwise unimproved except to the extent that a dock
or similar structure has been constructed pursuant to
section 20A-5.7(D) of the city's Land Development
Code.
Nuisance means any person doing any unlawful act,
or omitting to perform a duty, or suffering or
permitting any condition or thing to exist, which act,
omission, condition or thing either:
(1) Injures or endangers the comfort, repose,
health or safety of others;
(2) Offends decency;
(3) Is offensive to the senses;
(4) Unlawfully interferes with, obstructs or
tends to obstruct or renders dangerous for
passage any public or private street,
highway, sidewalk, stream, ditch or
drainage;
5) In any way renders other persons insecure in
life or the use of property; or
6) Essentially interferes with comfortable
enjoyment of life and property, or tends to
depreciate the value of the property of
others.
Unimproved real property means any lot, tract or
parcel of land that does not have any structure of any
kind or type either placed or constructed upon it.
Section 2. Thatsection664 oftheCodeofOrdinances, Ci~ ofSebastian, Flofidaishereby
amendedtoreadas ~llows:
Sec. 66-4. Notice of violation.
Upon the failure of the owner of any lot, parcel
or tract of land within the city to keep such premises
free of weeds, grass and undergrowth of a height of
ten inches or more from the ground, or of rubbish,
trash, debris, dead trees, or other unsightly or
unsanitary matter, or to keep such premises free of
excavations or depressions, or other nuisances as
provided in section 66-3, then it shall be the duty of
the building enforcement official er h~s d~signee to
give notice to such owner of his violation of this
article and to demand elimination of the violation
within 15 days after the receipt, or posting, of such
notice, unless the violation poses an imminent threat
to public health and safet~ in which case the notice
shall require elimination of the violation within
forty-eight (48) hours.
Section 3. Thm se~ion66-5ofthe Code ofOr~nances, Ci~ ofS~a~ian, Flofidaishereby
amendedtoread ~ ~llows:
Sec. 66-5. Service of notice; form.
(a) The notice required by section 66-4 shall be given
by certified mail, addressed to the owner of the
property described, as his name and address is then
shown upon the tax roll of the county property
appraiser, as of the date received or posted. If such
notice is returned by postal authorities without
evidencing receipt thereof, the buil~in9 enforcement
official or his dc$ignee shall cause a copy of the
notice to be served by a police officer of the city
upon the occupant of the property, or upon any agent
of the owner thereof, if located in the county. If
personal service upon the occupant of the property or
upon any agent of the owner thereof cannot be
performed after two attempts by such officer, the
notice shall be accomplished by physically posting the
notice on the property.
(b) The notice shall be in substantially the
following form:
NOTICE OF PUBLIC NUISANCE
Name of owner
Address of owner
Public records indicate that you are the owner of the
property in the City of Sebastian,
following
Florida:
(describe property)
An inspection of this property discloses, and the Cit~
building depa~tmcnt has found and determined, that a
condition exists thereon which is a violation of
section 66-3 of the Code of Ordinances of the City of
Sebastian in that:
(describe here the condition which
places the property in violation)
You are hereby notified that unless the condition
described above is remedied so as to make it
nonviolative of section 66-4 of the Code of Ordinances
of the city within 15 days / 48 hours from the ~
time of receipt hereof, the City of Sebastian will
proceed to remedy this condition, and the expenses
will be imposed as a lien on the property if not paid
within 14 days after receipt of billing. If you have
any questions, please phone the code enforcement
department of the city.
If you dispute that such alleged conditions exist on
such property, you may request a hearing before· the
city code enforcement board to show good reason why
such condition should not be corrected. Such request
for hearing must be in writing and must be postmarked
by a date not later than ten days if fifteen (15) days
~s given to correct the violation, or by hand-delivery
or fax of such .request .by noon of the next business
day if only fort¥-eiqht (48) hours is given in the
notice, after-your receipt of this notice by you or
the occupant of the premises, and addressed to city
clerk, city hall.
City of Sebastian, Florida
By:
Title: Building Official
... $ection 4. Th~ section66-6ofthe Code ofOr~nances, Ciw ofS~a~ian, Flofidaishereby
amendedtoreadas ~llows:
Sec. 66-6. Hearing before code enforcement board.
Within ten days after the receipt of notice or
after the service or posting of such notice on the
property, or by noon of the following business day if
corrective action ia required within forty-eiGht (48)
hours, the owner of the property may make written
request to the city clerk for a hearing before the
code enforcement board to show that the condition
alleged in the notice does not exist, or to show other
reasons why the alleged violation should not be
corrected. At the hearing, the city and the property
owner may introduce such evidence as is appropriate.
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Section 5. That section 66-7 of the Code of Ordinances, City of Sebastian, Florida is hereby
amended to read ~ ~llows:
Sec. 66-7. Condition may be remedied by city and lien
imposed.
(a) If, within ten days afte~ ~hc g~vinq o-f
notice within the times allotted under this Chapter,
no hearing has been requested writing and the
in
condition described in the notice has not been
corrected within the time period provided in the ...15
days a~t-er receipt or posting o~ notice of public
nuisance, the building enforcement official or his
~csigncc shall cause the condition to be remedied at
the expense of the property owner.
(b) If a hearing has been held and is concluded
adversely to the property owner, and the condition is
not remedied by the owner within 15 days the time
ordered b3 the code enforcement board after such
'.' hearing, the building enforcement official may cause
the condition to be remedied at the expense of the
property owner.
(c) After causing the condition to be remedied,
the b~lding enforcement official shall certify to the
director of finance the expense incurred in remedying
the condition, including advertising costs and all
other expenses incurred by the city in correcting the
condition, whereupon such shall become due and
expense
payable in full within 14 days after receipt of the
bill therefor, after which a special assessment lien
and charge will be made upon the property, which lien
shall be payable with simple interest at the rate of 1
1/2 percent per month on the unpaid balance from the
due date until paid. Such lien shall be of equal /~
dignity with the lien for taxes and shall be
enforceable in the same manner as provided by law, and
may be satisfied at any time by payment thereof,
including accrued interest. Upon such payment, the
director of finance shall, by appropriate means,
evidence the satisfaction and cancellation of such
lien upon the record thereof. Notice of such lien may
be filed in the office of the clerk of the circuit
court and recorded among the public records of Indian
River County.
Section 6. COI~ICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Sectign 7. SEVERABILITY. 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 provision. It shall further be assumed that the City Council
would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 8. EFFECTIVE DATE. This Ordinanc,e shall take effect following its adoption by
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 Martha S. Wininger
Vice-Mayor Chuck Neuberger
Councilmember Joe Barczyk
~ Councilmember Ben A. Bishop -
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed and adopted this
day of August, 1999.
CITY OF SEBASTIAN, FLORDA
By:
Martha S. Wininger, Mayor
ATTEST: .
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
City of Sebastian
AGENDA SUBMITTAL
Agenda o.
Subject: Ordinance 0-99-07; amending
land use of surplus cemetery land
Approved for Submittal by: City Manager
Exhibits: Ordinance O-9~9~07
Department Origin: City Attorney
Date Submitted: 7/22/99
For Agenda of:
Expenditure Required: n/a
Amount Budgeted: n/a
Appropriation Required: n/a
7/28/99
&
8/25/99
SUMMARY STATEMENT
This ordinance changes the land use designation of the surplus cemetery property (west of
· "U.S. 1) from Institutional to Riverfront Mixed-Use. This will allow rezoning that will be
necessary for private use of the land and, presumably, increase the price received in its
sale.
The Council action on this matter is legislative rather than quasi-judicial.
RECOMMENDED ACTiON
At 7/28/99 meeting:
Move to pass Ordinance 0-99-07 on first reading, schedule second reading and public
hearing for 8/25/99, and authorize City Clerk to advertise for same.
At 8/25/99 meeting:
Move to approve Ordinance No. 0-99-07.
1. Project Name:
2. Requested Action:
3. Project Location
a.
b, Legal:
C.
4. Project Owner:
Community Development Department
Comprehensive Plan Amendment Application
Staff Report
City of Sebastian Cemetery Surplus Property
Comprehensive Land Use change from INS to EMU
Address: Lot 27 Town of Wauregan
Lot 27 Town of Wauregan
Indian River County Parcel Number: Part of 00009-0000-00000.1
Project Agent:
Project Engineer:
Project Attorney:
Project Description
a.
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
(561) 388-8203
Same as above
N/A
Rich Stringer
City of Sebastian
1225 Main Street
Sebastian, Fiodda 32958
(561) 388-8203
Narrative of proposed action: The City Council of the City of Sebastian
has declared the subject parcel as surplus property and wishes to sell
the property for positive financial impact. The City is requesting a future
land use designation change from the current INS to a more marketable
and compatible EMU. All surrounding parcels currently are designated
EMU and the subject parcel, if re-designated, will be consistent with the
overall district.
b. Current Zoning: PS
North:
East:
South:
West:
Adjacent Properties
Zonincl Current Land Use
CG Vacant
US 1 US 1
CG Vacant
CG Wal-Mart
Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) S~ii:
(4) Vegetation:
(5) Flood Hazard:
(6) Water Service:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
Comprehensive Plan Consistency
f.
g.
h.
Future Land Use
RMU
US 1
RMU
RMU
1.02 Acres
Vacant
Archbold
Pine, Oak, Scrub
Zone X
Indian River County Utilities
Indian River County Utilities
Main Street Park- % mile
Volunteer Fire - ~ mile
Sebastian Police - 1 mile
Future Land Use:
Traffic Circulation:
Public Facilities:
Housing:
Coastal Management:
Consistent
Consistent
Consistent
Consistent
Consistent
Recreation and Open Space: Consistent
Conservation: Consistent
Intergovernmental Coordination: Consistent
2
10.
11.
12.
13.
t4.
15.
164
17.
184
Conformance with Code of Ordinances: The proposed future land
use change is consistent with the Code of Ordinances.
Changed Conditions:
Land Use Compatibility:
The property to the immediate North and South is currently zoned CG and the
property to the West is the Wal-Mart Supercenter. Immediately to the east of
the property is U.S. Highway 1. The proposed land use change is compatible
with the adjacent land use and has immediate access to U. S. 1.
The intent of the Rive~front Mixed-Use (RMU) designation' is to provide a mixture
of residential, commercial, recreational and institutional uses in the Riverfront
District. The PS district is established to implement comprehensive plan policies
for managing lar~ designated for institutional development.
Re-designation to RMU allows for greater diversity in the allowable uses and
makes the site more marketable for 'sale while maintaining compatibility and
providing consistency with the surrounding land use classifications.
Adequate Public Facilities:
The public facilities are adequate for the requested land use change. The
proposed change is not expected to impact existing public facilities.
Natural Environment:
The proposed land use change will not significantly impact the natural
resources.
Economic Effect:.
Designation as EMU as opposed to INS provides the City with greater selling
power and should provide for an overall positive economic impact. Selling the
property also releases it from public ownership and returns it to the tax rolls.
OrdeHy Development:
The proposed land use change is consistent with the comprehensive plan. The
location of the site next to the Wal-Mart, with water and sewer available and
convenient access to US 1 provides for ordedy development.
Public Interest:
The proposed land use change is not in conflict with the public interest.
Other Matters:
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20.
21.
Direct access to US 1 and the location adjacent to RMU property and Wal-Mart,
will minimize traffic impacts in the area.
Analysis: The City Council of the City of Sebastian has declared the subject
parcel as surplus property and wishes to sell the property for positive financial
impact. The City is requesting a future land use designation change from the
current INS to a more marketable and compatible RMU. All surrounding parcels
currently are designated RMU and the subject parcel, if re-designated, will be
consistent with the overall district.
Conclusion: The requested future land use change from INS to RMU is
consistent with the Comprehensive Plan, Land Development Code and Code of
Ordinances.
Recommendatior~: Staff recommends the Planning and Zoning Commission
recommend approval to the City Council for the requested land use change of
the subject parcel from iNS to RMU.
PREPARED BY
DATE
4
" 5.
Permit Application No.
Supplemental Information
Comprehensive Plan Amendment (Land Use)
A'I-rACH ADDITIONAL PAGES iF NECESSARY.
Current land use map designation:
3. Size of project in acres:
Descdbe the impact of the proposed change on the other elements of the
comprehensive plan and applicable ordinances of the City.
Is the proposed amendment consistent with the other elements of the
comprehensive plan? If not, which one(s)? ~eS
Is the proposed amendment in conformance with applicable substantive
requirements of the city of Sebastian Code of Ordinances? if not, which
one(s)?
Form CD.-2005
Approved: $/27/97
Page ~ of 3 I Comp. Plan Amend. (Land
Use)
I File Name: Sicpalu
Permit Application No.
What land use and development changes have occurred since the effective
date of the comprehensive plan which are relevant to the proposed
__ 8. Is the proposed amendment compatible with the existing or future land uses of
the city? If not, why not?. l~; -- ~(,,',.~.- ~ ,~'-M.<:~ ~~
9. Are there adequate public facilities to serve the proposed land use? If not,
which one(s) are not adequate?
10. Would the proposed amendment result in a significant adverse impact on the
natural environment?. If so, descdbe the impact jk,J 0
Form Cl2-2008 I Pege 2 of 3 I Comp. Plan Amend. (Land
I
U=e)
A_p~oroved: 8/27/97 Re¥i$ion: I File Name: Sic~alu
Permit Application No.
11.
Would the proposed amendment adversely affect the property values of the
area, the general health, safety and welfare and impact the financial
resources of the city? If so, describe how.
12. Does the proposed amendment result in an ordedy development pattern? If
not, describe.
13. Attached the following:
a. A vedfied statement showing each and every individual person having a
legal and/or equitable ownership interest in the subject property except
publicly held corporations whose stock is traded on a nationally
recognized stock exchange, in which case the name and address of the
corporation and principal executive officers will be sufficient.
b. Attach a list of the names and addresses of all owners of parcels of real
property within three hundred (300) feet of the parcel to be considered.
c. A survey and legal description of the property for which the land use
amendment is being requested. .
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Form CD. 2008
l Approved: 8127197
Page 3 of 3 ~ Comp. Plan Amend. (land
[
u~)
Revision: File Name: Sicpalu
~0
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JULY 15, 1999
Chmn. Schuike opened and closed the public headng at 9:39 pm, as there was no public
input.
MOTION by Barrett/Mather
I'll move the recommendation to City Council for the modification of the Food
Lion Retail expansion, with the conditions as stated by staff.
Roll call:
Ms. Vesia - yes Mr. Mathis - yes
Mr. Gerhold. - yes Mr. Mather - yes
Mr. Barrett - yes VC Pliska - yes
Chmn. Schulke - yes
7. Comprehensive Plan Amendment - Land Use Change - City of
Sebastian Cemetery Surplus Property - Institutional (INS) to
Riverfront Mixed Use (RMU)
Tracy Hass represented the City and gave presentation, noting that this property is on
the west side of U.S. #1, and City Council has declared this site surplus property. In
order to sell it, it would probably be beneficial to rezone it to Commercial instead of
Public Service.
Chron. Schulke opened and closed the public hearing at 9:50 pm, as there was no public
input.
MOTION by BarrettJMather
I make a motion to recommend to City Coundl to approve the land use change,
from (INS) to (RMU). "
Roll call:
Mr. Mathis - yes Mr. Gerhold - yes
Mr. Mather - yes Mr. Barrett . - yes
VC Pliska - yes Chmn. Schulke - yes
Ms. Vesia - yes
The vote was 7 - 0. Motion carded.
8. Re. zoning - City of Sebastian Cemetery Surplus Property - Public
Service (PS) to Commercial General (CG)
Tracy Hass represented the City in this issue and referred to his previous presentation.
Chmn. Schulke opened and closed the public headng at 9:52 pm, as there was no public
input,
ORDINANCE NO. 0-99-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING A SMALL SCALE
AMENDMENT TO THE COMPREHENSIVE PLAN WHICH
AMENDS THE FUTURE LAND USE MAP TO RMU (RIVERFRONT
MiXED-USE) FROM INS (INSTITUTIONAL) FOR LAND
CONSISTING OF 1.02 ACRES, MORE OR LESS, BEING A
PORTION OF LOT 27, TOWN OF WAUREGAN PLAT;
AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS
THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABII.1TY; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of the City for a small scale
amendment, to change the land use for certain property, as reflected on the Future Land Use Map
bom Is (Institutional)to RMU (Riverfront Mixed-Use); and
WHEREAS, the application qualifies as a small scale amendment Under Florida Statutes
Section 163.3187 (1) (c); and
WHEREAS, the City Council has considered the criteria identified in Section 20.6.-
· ., 11.8(c) of the Land Development Code and Florida Statutes Section 163.3187(1)(c) together
with the findings and recommendations of its staff'and the Planning and Zoning Commission; and
WHEREAS, 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 applicable provisions of the existing
Comprehensive Land Use Plan together with the recommended findings of its staff} and
wm~REAS, the City Council has determined that the proposed changes in the City
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, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. QUALIFICATION AS SMALL SCALE AMENDMENT. The
application for a Comprehensive Plan amendment filed by the City of Sebastian qualifies as a small
scale amendment under Florida Statute Section 163.3187 (1) (c).
Section 2. 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 being within the incorporated area of the City of Sebastian,
Indian River County, Florida:
That portion of Lot 27 of the old Town of Wauregan, as filed in Plat Book
1 Page 179 of the Public Records of Brevard County, Florida, lying west of
the right-of-way of U.S. Highway 1, less the northernmost 20 feet thereof
and less the southernmost 135 feet thereof;
Togetl~er with:
The easternmost one-half of the adjacent portion of Wauregan Avenue as
abandoned under Ordinance 85-17.
Containing 1.02 acres more or less.
Section 3. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended to RMU (Riverfront l~aXed-Use) for the affected property as described in Section 2.
Section 4. 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 Community Affairs as provided in Florida Statutes Section
163.3187(1)(c)(2)Co) and 163.3184{7). The City shall also submit one copy to the
regional planning agency and to any other person or entity that has filed a written request
with the governing body for a copy of the Plan Amendment.
Section 5. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 6. SEVERABILITY. 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
provision. It shall further be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid or unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 7. EFFECTIVE DATE. This Ordinance shall take effect following
its adoption and authentication by the signatures of the presiding officer and the Clerk of
the City Council within the time limits imposed by Florida Statute 163.3187(3)(c)..
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 Martha S. Wininger
Vice-Mayor Chuck Neuberger
Councilmcmber Joe Barczyk
Councilmember Ben A. Bishop
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed and adopted this
day of ,1999.
CITY OF SEBASTIAN, FLORIDA
By:
Martha S. Wininger, Mayor
..ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
City of Sebastian
AGENDA SUBMITTAL
Agenda No.
Subject: Ordinance 0-99-08; amending Department Origin:~A4~ttomey
zoning of surplus cemetery land . r~ '~~
Approved for Submittal by: City ~/~,/ Date Submitted: 7/22/99
Exhibits: Ordinance 0-99-08 For Agenda of.' 7/28/99
- &
8/25/99
Expenditure Required: n/a
Amount Budgeted: n/a
Appropriation Required: n/a
SUMMARY STATEMENT
This ordinance changes the zoning designation of the surplus cemetery property (west of
· .'.U.S. 1) from Public Service to Commercial General. Rezoning will be necessary for
' private use of the land and this category is most compatible with the RMU uses that are
anticipated under the upcoming Land Development Code revisions and rezoning of the
Riverfront District. Presumably, this action will eliminate uncertainty as to future zoning'
of this parcel and increase the price received in its sale. ,
The Council action on this matter is technically quasi-judicial, although the City s status as
applicant largely removes the effect of this distinction.
RECOMMENDED ACTION
At 7/28/99 meeting:
Move to pass Ordinance O-99-0~ on first reading, schedule second reading and quasi-
judicial hearing for 8/25/99, and authorize City Clerk to advertise for same.
At 8/25/99 meeting:
Move to approve Ordinance No. 0-99-01t.
2.
3.
4.
Project Name:
Requested Action:
Project Location
a.
b. Legal;
C.
Project Owner:
Community Development Department
Rezoning Application -Staff Report
City of Sebastian Cemetery Surplus Property
Rezoning from PS to CG
Address: Lot 27 Town of Wauregan
Lot 27 Town of Wauregan
Indian River County Parcel Number: Part of 00009-0000-00000.
Project Agent:
Project Engineer:
Project Attorney:
Project Description
a.
City of Sebastian
1225 Main Street
Sebastian, Flodda 32958
(561) 388-8203
Same as above
N/A
Rich Stdnger
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
(561) 388-8203
Nan'ative of proposed action: The City Council of the City of Sebastian
has declared the subject parcel as surplus property and wishes to sell
the property for positive financial impact. The City is requesting a
rezoning from the current PS to a more marketable and compatible CG.
All surrounding parcels are currently zoned CG and the subject parcel, if
rezoned, will be consistent with the overall district.
b. Current Zoning: PS
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c. Adjacent Properties
Zoning Current Land Use Future Land Use
North: CG Vacant RMU
East: US 1 US 1 US 1
South: CG Vacant RMU
West: CG Wal-Mart RMU
d. Site Characteristics
(1) Total Acreage: 1.02 Acres
(2) Current Land Use(s): Vacant
(3) Soil: Archbold
(4) . Vegetation: Pine, Oak, Scrub
(5) Flood Hazard: Zone X
(6) Water Service: Indian River County Utilities
(7) Sanitary Sewer Service: Indian River County Utilities
(8) Parks: Main Street Park - % mile
(9) Police/Fire: Volunteer Fire - % mile
Comprehensive Plan Consistency Sebastian Police - 1 mile
a. Future Land Use:
b. Level of Service
(1) Traffic:
The proposed does not represent an increase or decrease in the
amount of trip generation rates, as it is similar to the existing
commercial zoning classification. ·
(2) Potable Water:
Public Service and Commercial land uses potable water level of
service is 2,500 gallons per acre. Therefore, no impact is
expected by the proposed rezoning.
(3) Wastewater:
Both Public Service and Commercial land uses sanitary sewer
level of service is 2,500 gallons per acre. Therefor no impact is
expected by the proposed rezoning.
(4) Stormwater:
The level of service standard is the same for all development;
therefore no impact is expected by the proposed rezoning.
(5) Recreation: No impact.
(6) S~'lid Waste: No change in impact expected.
(7) Other:,
10. Conformance with Code of Ordinances: The proposed rezoning is consistent
with the Code of Ordinances.
11. Changed Conditions: '
12, Land Use Compatibility:
'- The property to the immediate North and South is currently zoned CG and the
property to the West is the Wal-Mart Supercenter. Immediately to the east of
the property is U.S. Highway 1. The proposed zoning is compatible with the
adjacent land use and has immediate access to U. S. 1. '
The maximum building coverage in the PS district is 40% and CG distdct is
30%. The PS district requires a minimum of 40% open space while the CG
requires a minimum of 20%. Both zoning classifications restrict building height
to 35 ft,
The impervious surface impact of the proposed zoning is potentially higher
because of a lower open space requirement. However, the proposed zoning is
more restrictive on maximum building coverage. The proposed zoning is
expected to have a minimal impact on the subject parcel.
13, Adequate Public Facilities:
The public facilities are adequate for the requested rezoning. The proposed
use is not expected to impact existing public facilities.
14. Natural Environment:
The proposed rezoning will not significantly impact the natural resources.
15. Economic Effe~:
16.
16.
17.
19.
:20.
21.
Designation as CG as opposed to PS provides the City with greater selling
power and should provide for an overall positive economic impact. Selling the
property also releases it from public ownership and returns it to the tax rolls.
Orderly Development:
The proposed rezoning is consistent with the comprehensive plan. The location
of the site next to the Wal-Mart, with water and sewer available and convenient
access to US 1 provides for orderly development
Public Interest:
The proposed rez. oning is not in conflict with the public interest.
Other Matters:
Direct access to US 1 and the location adjacent to CG property and Wal-Mart
will minimize traffic impacts in the area.
The proposed rezoning will not have a greater impact on the water, wastewater,
drainage or solid waste facilities than the current zoning.
Analysis: The City Council of the City of Sebastian has declared the subject
parcel as surplus property and wishes to sell the property for positive financial
impact The City is requesting a rezoning from the current PS to a more
marketable and compatible CG. All surrounding parcels are currently zoned CG
and the subject parcel, if rezoned, will be consistent with the overall district.
Conclusion: The requested rezoning from COR to CG is consistent with the
Comprehensive Plan, Land Development Code and Code of Ordinances.
Recommendation: Staff recommends the Planning and Zoning Commission
recommend approval to the City Council for the requested rezoning of the
subject parcel from PS to CG.
4
Permit Application No.
Supplemental Information
Rezoning Request
ATTACH ADDITIONAL PAGES IF NECESSARY,
__ 1. Proposed zoning:
2. Is the proposed rezoning consistent with the other elements of
comprehensive plan? If not, which one(s)? ~.0~ -- ~j,'{( ~ ~
the
3. Is the proposed rezoning in conformance with applicable substantive
requirements of the city of Sebastian Code of Ordinances? If not, which one(s)?
"
What land use and development changes have occurred since the effective
date of the comprehensive plan which are relevant to the proposed
amendment?. ~-C~ .~,~,~¢.~,~ ~-~.~-....~ ~2,.~ (~,~3~1.
Is the proposed rezoning compatible with the existing or future land uses of the
city? If not, why not?. "~0__ <~
Are there adequate public facilities to serve the proposed land use?
which one(s) are not adequate?
If not,
F°rm CD-20'17
Approved: 8/27/g7
I Page I of 2 I Rezoning I
Revi=ion: ~File Name: Sirezone
Permit Application No. ~ ~
7. Would the p~'oposed rezoning result in a significant adverse impact on the
natural environment? If so, descdbe the impact
8. Would the proposed rezoning adversely affect the property values of the area,
the general health, safety and welfare and impact the financial resources of the
city? "so, descrit~e how.
__ 9. Does the proposed rezoning result in an orderly development pattern?
describe. I~E.~
If not,
10. Attach the following:
a. A verified statement showing each and every individual person having a
legal and/or equitable ownership interest in the property upon which the
application for rezoning is sought, except publicly held corporations, in
which case the names and addresses of the corporate officers shall be
suffident
b. A list of the names and addresses of all owners of parcels of real
property within three hundred (300) feet of the parcel to be considered.
c. A survey and legal description of the property to be rezoned.
IForrn CD-20~7
Approved: 8/27/97
[ Parle 2 of 2 I Rezening
I Revision: I File Name: Sirezone
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JULY 15, 1999
MOTION by MatherNesia
I make a motion to recommend for approval the re. zoning Cemetery Surplus
Property from (PS) to (CG).
Roll call: Mr. Mather ~ yes Mr. Mathis - yes
VC Pliska - yes Mr. Ge[hold - yes
Ms, Vesia - yes Mr. Barrett - yes
Chron. Schulke - yes
The vote was 7 - 0. Motion carried.
9, Zoning Text Amendments - Ordinance RevieW:
n'_ Accessory Buildings - Section 20A-5.7
Jan King gave staff presentation pointing out that the underlined sections are the
proposed new sections. She proceeded to read the changes.
Chmn. Schuike opened and dosed the public headng at 10:00 pm, as there was no
public input.
Discussion:
Small sheds under 200 square feet were discussed, as was the issue of maximum size
on a property..
Mr. Ge[hold mentioned the issue of "one boat dock' in item F__ There was a brief
discussion on this. , '
Mr. Mahoney sug. ge~.._e? that on item A. Definition,The detachedsec°nd paragraph, the wording be
changed to read ...in a residential district, acco .ssory building shall not
be designed primarily for use as a living area and shall not share a common wall with the
'principal building.'. There was no consensus on this suggestion.
MOTION by Vesia/Mather ·
I make a motion that we recommend to City Coundi to approve the Accessory
Building amendment 99-01,
Roll call: VC Pliska - yes Chron. Schulke - yes
Ms Vesia - yes Mr. Mather - yes
M;~ Gerhold - yes Mr. Mat,his - yes
Mr. Barrett - yes
The vote was 7- 0. Motion carded.
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PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JULY 15, 1999
Chmn. Schulke opened and dosed the public headng at 9:39 pm, as there was no public
input.
MOTION by Barrett/Mather
I'll move the recommendation to City Coundt for the modification of the Food
Lion Retail expansion, with the conditions as stated by staff.
Roll call:
Ms. Vesia - yes Mr. Mathis - yes
Mr. Gerhold - yes Mr. Mather - yes
Mr. Barrett - yes VC Pliska - yes
Chmn. Schulke - yes
Comprehensive Plan Amendment - Land Use Change - City of
Sebastian Cemetery Surplus Property - Institutional (INS) to
Riverfront Mixed Use (RMU)
Tracy Hass represented the City and gave presentation, noting that this property is on
the west side of U.S. #1, and City Council has declared this site surplus property. In
order to sell it, it would probably be benefidal to rezone it to Commerdal instead of
Public Service.
Chron. Schulke opened and dosed the public headng at 9:50 pm, as mere was no public
input.
MOTION by Barrett/Mather
I make a motion to mcammend to City Coundi to approve the land use change
from (INS) to (RMU).
Roll call:
Mr. Mathis - yes Mr. Gerhold - yes
Mr. Mather - yes Mr. Barrett - ~ yes
VC Pliska - yes Chmn. Schuike - yes
Ms. Vesia - yes
The vote was 7 - 0. Motion carded.
8. Re. zoning - City of Sebastian Cemetery Surplus Property - Public
Service (PS) to Commercial General (CG)
Tracy Hass represented the City in this issue and referred to his previous presentation.
Chmn. Schulke opened and dosed the public headng at 9:52 pm, as there was no public
input.
ORDINANCE NO. 0-99-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REZONING CERTAIN PROPERTY CONSTITUTING
A PORTION OF LOT 27 TOWN OF WAUREGAN, CONTAINING 1.02
ACRES MORE OR LESS, FROM PS (PUBLIC SERVICE) TO CG
(COMMlgR~ _ GENERAL); PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sebastian has filed a petition for an amendment to the Zoning
Ordinance; and
Wl:rEREAS, the City Council has provided notice of the proposed zoning change and
co'hducted 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 staffand Planning and Zoning Commission; and
W¥1'F~REAS, the City Council as made the following findings:
A. The proposed use is consistent with the goals, objectives 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 proposed use is not in conflict with the public interest &the citizens of the City of
Sebastian.
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 facilities.
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.
NOW Tt[EREFORE, BE IT ORDAINED BY ~ 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 affect the following described real property, now lying and being within the
incorporated area of the City of Sebastian, Indian River County, Florida:
That portion of Lot 27 of the old Town of Wauregan, as
filed in Plat Book 1 Page 179 of the Public Records of
Brevard County, Florida, lying west of the right-of-way
of U.S. Highway 1, less the northernmost 20 feet thereof
. ". and less the southernmost 135 feet thereof;
" Together with:
The easternmost one-half of the adjacent portion of
Wauregan Avenue as abandoned under Ordinance 85-17.
Containing 1.02 acres more or less.
Section 2. DISTRICT. The real property descnt~ed in this Ordinance is hereby
rezoned from PS (Public Service) to CG (Commercial General).
Section 3. ZONING MAP. The official City Zoning Map shall be amended to reflect
this change in zordng district.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 5. SEVERABILITY. 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. Following its adoption and authentication by the
signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become
effective one day following the effective date of Ordinance 0-99-07.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
to a vote, the vote was as follows:
and, upon being put
Mayor Martha S. Wininger
Vice-Mayor Chuck Neuberger
Councilmember Joe Barczyk
Councilmember Ben A_ Bishop
Councilmember Edward I. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed and adopted this
day of ,1999.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Martha S. Wininger, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
PROCEDURES FOR QUASI-JUDICIAL HEARINGS
IN ACCORDANCE WITH RESOLUTION NO. R-99-12
Quasi-Jll~lj~iit, lJlearing Order of Presentation
1. Presiding Officer opens the hearing
2. Disclosure of ex-parte communication in accordance with law
3. Applicant or agent presentation in favor of request
4. Staff' presents findings and analysis
5. Tribunal (Committee) asks questions of the applicant and staff
6. Presiding Officer opens floor to anyone in favor of the request who wishes to speak or ask questiOns
7. Presiding Officer opens floor to anyone opposed to the request who wishes to speak or ask questions
8. Applicant may respond to any issues raised by staff' or the public
9. Staff may summarize its position
10. Tribunal (Committee) deliberates the request, may ask questions
11. Presiding Officer entertains a motion and the Tribunal (Committee) acts
Administering Oath: Clerk shall administer oath to any person presenting factual information at the time the
comes to the podium. Citizens wishing to merely express an opinion in favor or opposition to the matter
person
at hand, and agents of the applicant (such as an attorney) merely advocating the applicant's position, need not be
SWOrn.
Admissibility ofF, Mdenc~: City Attorney, upon an objection raised or upon his own accord, shall determine if
any evidence sought to be presented is inadmissible. This determination may be over-ruled by a majority of the
Tribunal upon a motion by any member thereof. Otherwise, the Presiding Officer of the Tribunal shall for the
record receive any evidence presented and the same shall be maintained in the custody of the City Clerk.
Time Lir~it: Traditional practices of the Chair in presiding over the smooth of the hearing, encouraging
conduct
on the length
precise and relevant presentations, shall provide guidance as to limitations of presentations and the
majority vote may set limits
redundancy of witnesses. However, as appropriate, the Tribunal by on the length of
presentations and the number of witnesses on a case-by-case basis.
\wp-min\q.wpd
City of Sebastian
AGENDA SUBMITTAL
Agenda No.
Subject: OrdNance 0-99-09; amending
LDC to allow storage in RMH zone
Department Origin: Growth Mng.
Approved for Submittal by: City Manager
Date Submitted: 7/22/99
Exhibits: Ordinance O-99-09
For Agenda of:
Expenditure Required: n/a
Amount Budgeted: n/a
Appropriation Required: n/a
7/28/99, 8/11/99
&
8/25/99
SUMMARY STATEMENT
This ordinance adds a provision to the RMH zoning standards to allow a common storage
area for the storage of RV's. Similar provisions are found in some of the other mobile
home zoning districts.
RECOM~IENDED ACTION
At 7/28/99 meeting:
Move to pass Ordinance O-99-09 on first reading schedule initial public hearing for
8/11/99 and second reading/adoption hearing for 8/2.5/99, and authorize City Clerk to
advertise for same.
At 8/11/99 meeting:
Move to pass matter on to adoption hearing for 8/25/99.
At 8/25/99 meeting:
Move to approve Ordinance No. 0-99-09.
ORDUNANCE NO. 0-99-09
AN ORDINANCE OF ~ CITY OF SEBASTIAN, iNDiAN RIVER
COUNTY, FLORIDA, AM~ENDiNG TE[E LAND DEVELOPMENT
CODE BY CREATING SECTION 20A-3.7.G, COMMON
VEHICULAR STORAGE AREAS WIT/tIN ~ R-MtI ZONING
DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERAB[LITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend
the Land Development Code rdating to common vehicular storage areas within the R-MH
zoning district; and
WIqEREAS, the City Council of the City of Sebastian, Florida, believes that it is
in the best interests of the health, safety, and general welfare of the community to do so,
NOW Tm~FO~, BE Fl' ORDAINED BY Tile CITY COUNCIL OF
THE CITY OF SEBASTIAN, FLORIDA, that:
Section 1. Section 20A-3.7.G. of the Land Development Code, City of
Sebastian, Florida is hereby created to read as follows:
G. Common vehicular storage areas. All developments having a R-
MH zoning designation shall be permitted to provide for a common area for
the storage of recreational equipment including boats and recreational
vehicles:
1. Surface. Such storage areas shall have a surface meeting
the provisions of section 20A-8.5(E).
2. Screening. All storage areas shall be enclosed by a security
fence and properly screened fi.om neighboring residences
with a Type "A" Opaque Screen. All storage areas shall be
a minimum of thirty (30) feet fi'om the nearest home site.
3. Site plan review, such storage areas shall undergo a site
plan review in accordance with Article X of this Code.
Section 2. CONFLICT. All other Ordinances or parts of Ordinances,
Resolutions or pans of Resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full force and effect.
Section 4. EFFEcTIvE DATE. This Ordinance shall take effect immediately
upon its adoption.
day of
The foregoin~ 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 Martha S. Wininger
Vice Mayor Chuck Neuberger
Councilmember Joe Barczyk
Councilmember Ben A. Bishop
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed and adopted this
,1999.
CITY OF SEBASTIAN, FLORI/)A
ATTEST:
By:
Martha S. Wininger, Mayor'
Kathryn M. O'Halloran, CMC/A. AE
Approved as to form and legality for
reliance by the City of Sebastian Only:
Rich Stringer
City Attorney
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JULY 15, 1999
b. RMH Mobile Home Zoning District - Section 20A-3.7
Mr. Hass indicated the importance of continuing with this text change.
There was a consensus that the P & Z Commission remain until 10:45 pm tonight
Tracy Hass gave staff presentation, noting that the owner of Palm Lake Club requested
an outdoor storage facility for boats and recreational vehicles. He proceeded to refer to
present cede requirements and noted that the present code does not allow that in the
RMH zoning District. He then noted that it is required in the PUD-MH zoning district. He
explained that the language from the PUD-MH zoning district, modified somewhat, was
inserted and it allows for a common vehicular storage area for the owners within a
residential subdivision.
Chron, Schulke opened and closed the public headng at 10:20 pm, as there was no
public input
There was very brief discussion.
Chmn. Schulke suggested adding nUmber 3. under item F. of Z-FA 99-02. He suggested
to add a requirement for an administrative site plan approval pdor to construction of this
outdoor storage area. Mr. Hess suggested some wording to state "if it's less than 500
square feet of impervious surface...'. Chmn. Schulke suggested meeting the site plan
ordinance. Mr. Hess agreed. There was also discussion of ownership of lots to be
utilized, since no site has been set aside for a storage facility. Unity of title and
ownership will be considered in this amendment
An explanation of q'ype 'A' Opaque Screen" was requested and Mr. Hess provided it.
MOTION by Mather/Vesia
I make a recommendation to City Coundl for the zoning for 99-02 with the
addition of the required item 3 under F, required to meet the site plan ordinance,'
be added.
Roll call:
Ms. Vesia - yes Mr. Mathis - yes
Mr. Gerhold - yes Mr. Mather - yes
Mr. Barrett - yes VC Pliska ~ yes
Chmn. Schulke - yes
The vote was 7 - 0. Motion carried.
c. Waivers - Section 20A-19.4(D)
Mr. Hess gave staff presentation noting that City CouncJl requested this change and
noted that the changes are underlined and the crossed through sections are being
deleted. He read the ordinance for the record.
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City of Sebastian
I AGENDA SUBMITTAL
I Agenda No. ~'/~
i
Subject: Ordinance 0-99-10; mending Department Origin: Growth M. ng.
LDC accessory building standards
I
i Approved for Submittal by: City M~'~ager~ag~//~/~ ~-/Date Submitted: 7/22/99
Exhibits: Ordinance O-99-10 For Agenda of.- 7/28/99 &
i 8/25/99
Expenditure Required: n/a
I Amount Budgeted: n/a
Appropriation Required: n/a
I SUMMARY STATEMENT ..................
This ordinance was originated by the Planning and Zoning Commission to tighten the rules
I ,. On the size and design of larger accessory buildings to residences.
i RECOMMENDED ACTION
At 7/28/99 meeting:
Move to pass Ordinance O-99-10 on first reading schedule second reading and public
I hearing for 8/25/99, and authorize City Clerk to advertise for same.
I At 8/25/99 meeting:
Move to approve Ordinance No. 0-99-10.
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ORDINANCE NO. O-99-10
AN ORDiNANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN,
SECTION 20A-5.7, ACCESSORY BUILDINGS; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABIL1TY;
PROVIDING FOR AN EFFECTIVE DATE.
W~-EREAS, pursuant to the provisions of the Land Development Code the Planning and
Zoning Commission initiated the amendment procedure to make changes in the regulation of
accessory buildings as found in section 20A-5.7; and
..'~. WHEREAS, a public hearing was held before the Planning and Zoning Commission on
July 15,1999, and that body recommends approval of the Land Development Code amendments
herein; and
WHEREAS, the City Council upon due public hearing has considered the same
and found said amendments to be in the best interest of the citizens of Sebastian;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That section 20A-5.7 of the Land Development Code, City of
Sebastian, Florida is hereby amended to read as follows:
Section 20A-5.7. Accessory buildings.
A. Definition: ,,
"Accessory building shall be defined as any structure or portion thereof located on a'
lot in a residential district which is not designed primarily for use as living area. The
homeowner shall have the burden of showing that a structure or portion thereof is
designed primarily for use as Ii g area.
portion
Detached bmldmg shall be defined structure or thereof -
located on a lot_in a_ resi_den~ district which is not designed primarily for use as
living area ~d does not share a common wall with the principal building~ .
B. Presence of principal building required. No accessory building shall be constructed
upon a lot until the construction ora principal building has been started and no
accessory building shall be used unless the principal building has received a
certificate of occupancy.
- C. Location:
1. General rule of location. No accessory building or structure shall be located in
any required yard (setback), except as provided for in section 20A-5.5.D. . '
Furthermore, no detached accessory building or structure shall extend beyond the
front building line of the principal structure that i,q located on the same real estate
parcel or lot. (Ord. No. 0-97-7, § 1, 2-12-97)
2. Corner lots. Notwithstanding the provisions of paragraph 1., accessory buildings
may be located to the front of the front setback iiae along the boundary of the
secondary front yard an~ on an improved comer lot, provided that said secondary
front yard does not abut an interior lot.
D. General regulations of accessory buildings:
1.No mobile home, travel trailer, truck trailer or any portion thereof, or motor
vehicle shall be permitted as an accessory building.
2. No accessory building shall be constructed or maintained without a building permit
being issued by the city's building official expressly designating the type of the
accessory building (example: garage, shed, pump house).
The building official shall not issue a building permit if the application for a
building permit does not specify the type of accessory building which the applicant
seeks to construct or to maintain.
The building official shall not issue a building permit if the accessory building does
not comply with any other provisions of the Land Development Code,
Comprehensive Plan and the Code of Ordinances of the City of Sebastian.
(Ord. No. 0-97-49, § 1, 6-25-97)
No detached accessory building shall be constructed or maintained if the height
thereof exceeds the height of the principal structure that is located on the same real
estate parcel or lot.
No detached accessory building shall be constructed or maintained if thc square
foot area4hereof exceeds seventy five (75) percent of the living and nonliving
square foot arca-of,~hc principal-structure that is located ma thc same real estate
parcel-or lot. A residential lot will be ailowe4, five (,_5_)~square feet of accessory
building area_ (~:umulative),_£or every 100 square feet of lot area~ Attached
garages, which are part of the original principa[building desig3, Will not be
included in the cumulative tgtal of ~cessory_building area. Accessory structures
which consist solely of screening and beams and supports for the ~creening
material (such as screen enclosures for s3vimming pool areas) will not be included
in the cumulative total_of ac~:es~or7 building area.
7. Any detached accessory building over two hundred (200) square feet in area~gy_
attached or detached carport and/or breezeway over two hundred (200) square
feet in area~ and any attached or detached accessory building with a-dom:
opening higher than seven ~7) feet in-height or exterior walls higher than the
structure containing the primary residence must be reviewed and approved by the
Planning and Zoning Commission utilizing the following criteria:
The exterior of the accessory portion of the structure, including mass,
fagade, and materials, shall be in harmony with the overall general character
of the structure containing the primary residence.
Exterior faq:ade material m~t~; .~k~dl be compat~le in appearance,_colqr and
desigg and cotoF with the fagade of the principal building structure. ?,re
exteriot:-siding shall be of metal or-vinyl, unle~ the owner proves to the
satisfaction of thc ptav, ning-and zch4ng commission that the siding shall be
of such-qualiW-and style that it will be compatible in appearance, color, and
design with thc priacipal building-structure, and in harmony with-other
structures in the general area.
The ridge line of the roof for the accessory building shall not be higher than
the roof ridge line of the primary structure. The roof of the accessory
buildingrnust have a pitch similar to that of the primary structure.
No portion of an accessory building that has exterior walls higher than the
structure containing the primary residence shall extend beyond the front
building line of said primary residence.
Exception - One dock on single-family residential parcel. Notwithstanding anything
above, one boat dock may be built adjacent to a lot or parcel of land that is then
zoned for single-family residential use provided a building permit for such dock is
obtained from the City of Sebastian pursuant to the following conditions:
The applicant shall submit to the planning and zoning commission an application
for a permit along with a fee of fifty dollars ($50.00). The application shall contain
a plan showing the exact location of the proposed dock, its height, elevation,
length, width, and the material of construction. The application shall also contain a
copy of all other permits that may be required for such dock from the State of
Florida and the U. S. Government, if applicable. The application shall also contain
an executed written contract between the city and all owners of the parcel,
including mortgage holders, if any, that states that all owners and their successors
in title shall take such action as is required by the city to ensure that no use is made
of the dock until such time as the single-family residence is built on the lot and a
certificate of occupancy has been issued for such residence. The application shall
also show the zoning applicable to the lot and shall show the size and dimensions
of the lot and all lot lines and easements.
The planning and zoning commission shall be required to review the application
and may impose reasonable additional qualifications on the permit depending on
the facts of the case. If the requirements are met, however, the permit shall not be
unreasonable withheld.
Prior to the issuance by the building official of any such dock permit, the aforesaid
contract shall be recorded by the owners and a tree copy of the recorded contract
shall be delivered to the building official, along with a performance bond in the
amount of the cost of the dock, or five thousand dollars ($5,000.00), whichever is
greater, which bond shall insure that the dock shall be removed if the city's code
enforcement board finds and determines that the lot owner(s) have allowed or
suffered anyone to use said dock prior to the issuance of the certificate of
occupancy for the residence on the lot.
No dock built shall involve any dredging or filling other than is necessary to install
pilings to support such dock. The dock shall be supported by pilings or shall be a
fully floating dock with only the floats being positioned by the pilings.
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The dock shall not unreasonably impede the flow of water or be a hazard to
navigation on the water adjacent thereto.
The generally applicable provisions of the code enforcement board shall apply;
however, if the code enforcement board finds a violation of the requirements to
have been committed, the city may take all appropriate actions to enforce the
performance bond, which bond shall remain in full force and effect until such time
as the required certificate of occupancy shall have been issued for the single-family
residence.
Section 2. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby revealed.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction s-hall
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 provision. It shall further be
assumed that the City Council would have enacted the remainder of this Ordinance without said
invalid or unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
Section 4.
adoption by the City Council.
The foregoing Ordinance was moved for adoption
The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows'
Mayor Martha S. Wininger
Vice-Mayor Chuck Neuberger
Councilmember Joe Barczyk
Councilmember Ben A. Bishop
Councilmember Edward $. Majcher, Jr.
EFFECTIVE DATE. This Ordinance shall take
effect following its
by Councilmember
and,
The Mayor thereupon declared this Ordinance duly Passed and adopted this
day of ,1999.
ATTEST:. CITY OF SEBASTIAN, FLORIDA
By:
Kathryn M. O Halloran, C. MC/AAE Martha S. Wininger, Mayor
City Clerk -
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JULY 15, 1999
MOTION by MatherNesia
I make a motion to recommend for approval the rezoning Cemetery Surplus
Property from (PS) to (CG).
Roll call: Mr. Mather - yes Mr. Mathis - yes
VC Pliska - yes Mr. Gerhold - yes
Ms. Vesia - yes Mr. Barrett
. Chron. Schulke - yes
The vote was 7 - 0. Motion carded.
9. Zor~ing Text Amendments - Ordinance Review:
a. Accessory Buildings - Section 20A-5.7
Jan King gave staff presentation pointing out that the underlined sections are the
proposed new sections. She proceeded to read the changes. .
Chmn. Schulke opened and closed the public headng at 10:00 pm, as there was no
public input.
Discussion:
"Small sheds under 200 square feet were discussed, as was the issue of maximum size on a property.
Mr. Genhold mentioned the issue of one boat dock" in item E. There was a bdef '
discussion on this. '
Mr. Mahoney suggested that on item A. Definition, second paragraph, the wording be
changed to read "...in a residential district The detached accessory building shall not
be designed primarily for use as a living area and shall net share a common wall with the
principal building'.'. There was no consensus on this suggestion.
MOTION by Vesia/Mather
I make a motion that we recommend to City Coundl to approve the Accessory
Building amendment 99-01.
Roll call: VC Pliska - yes Chmn. Schulke - yes
Ms. Vesia - yes Mr. Mather - yes
Mr. Gerhold
Mr. Barrett - yes
(~ The vote was 7 - 0. Motion carded.
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City of Sebastian
AGENDA SUBMITTAL
Agenda No. ~'/i5"7
Subject: Ordinance O-99-11; amending
Riverfront District waivers
Approved for Submittal by: City er ate
Exhibits: Ordinance O-99-11;
7/15/99 P & Z meeting
Expenditure Required: n/a
Amount Budgeted: n/a
Appropriation Required: n/a
SUMMARY STATEMENT
Department Origin: City Attorney
Submitted: 7/22/99
For Agenda of.' 7/28/99
&
8/25/99
.This ordinance is submitted at the request of City Council. It amends the waiver provisions
'. of the Riverfront District to provide that the Planning and Zoning Commission makes a
recommendation to Council, and Council takes final action on such a request based on the
"inordinate burden" standard described in Florida Statutes. Two other "clean-up" items in
the ordinance specify that this procedure replaces the standard variance request under the
LDC, and appeals of the Council decision are by a certiorari action to the circuit court
(basically, the complaining party must show the court, fi-om the record of the hearing, that
the Council acted without justification).
The Planning and Zoning Commission unanimously recommended against adoption of this
ordinance.
RECOMMENDED ACTION
At 7/28/99 meeting:
Move to pass Ordinance 0-99-11 on first reading, schedule second reading and public
hearing for 8/25/99, and authorize City Clerk to advertise for same.
At 8/25/99 meeting:
Move to approve Ordinance No. 0-99-1 I.
ORDiNANCE NO. O-99-11
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
19.4D OF LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN; PROVIDiNG FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHE.. ~REAS, Land Development Code Section 20A-19.4D provides that waivers of the
requirements of the Riverfront Performance Overlay District may be granted by the Planning and
Zoning Commission for the City; and
WHEREAS, the City Council finds that the manner of development of the Kiveffront
'District is of vital concern to the citizens of Sebastian; and
WHF. REAS, the Riverfi'ont Performance Overlay District was enacted agter 'extensive
public debate and study for the purpose of protecting this primary asset of the City; and
WHEREAS, waiver of the provision of a regulatory scheme of such importance to the
citizens should be the responsibility of elected officials directly accountable to the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCiL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
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i Section 1. That section 20A-19.4D of the Land Development Code, City of
Sebastian, Florida is hereby amended to read as follows:
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I Sec. 20A-19.4. Administration, permits, procedures, waivers,
and violations and remedies.
I D. Waivers. As part_ of an aplllication for development.,
I a request ma.v be made for waiver of arkv of the provisions of this
i ~ The request ~hall first be heard bY the planning and zoning
commission which may recommend to the cit7 council that anv such
i provision be waived, modified~or al~plied aR written, The citv council
I shall then hod a quasi-judicial hearing on_the requested waiver..The
criterion for granting a waiver c~r modification of wa:,vc any of the
I " provisions of this article if the planning and zoning commission finds
i t,~at is whether the strict interpretation of the requirements of this
article places an inordinate burden on the property owner as defined by
i Florida Statutes. The waiver procedure herein is the exclusive remedy
I t_o the application of the provisions of this article and are to be utilized
i in lieu of an apglicat[on for variance pursuant to Section 20A-11.2~
The decisions of the city council planning and zoning commission may
I be appealed are subject to review by a certiorari action to the circuit
i court, by an affected party to the ¢it:y council.
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Section 2. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 3. SEVERABILITY. 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 provision. It shall further be
assumed that the City Council would have enacted the remainder of this Ordinance without said
invalid or unconstitutiorial provision, thereby causing said remainder to remain in full force and
effect.
Section 4. EFFECTIVE DATE. This Ordinance shall take effect following its
adoption by the City Council.
The foregoing Ordinance was moved for adoption
The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
by Councilmember
and,
Mayor Martha S. Wininger
Vice-Mayor Chuck Neuberger
Councilmember Joe Barczyk
Councilmember Ben A. Bishop
Councilmember Edward J. Majcher, Jr.
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The Mayor thereupon declared this Ordinance duly passed and adopted this
day of ,1999.
ATTEST: CITY OF SEBASTIAN, FLORIDA
Kathryn M. 0'Halloran, ~CMC/AAE By: Martha S. Wininger, MaYor
City Clerk -
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JULY 15, 1999
Chmn. Schulke opened and closed the public headng at 10:20 pm, as there was no
public input.
There was very bdef discussion.
Chmn. Schulke suggested adding number 3. under item F. of ETA 99-02. He suggested
to add a requirement for an administrative site plan approval pdor to construction of this
outdoor storage area. Mr. Hass suggested some wording to state "if it's less than 500
square feet of impervious surface...". Chmn. Schulke suggested meeting the site plan
ordinance. Mr. Hass agreed.' There was also discussion of ownership of lots to be
utilized, since no site has been set aside for a storage facility. Unity of title and
ownership will be considered in this amendment.
An explanation of ~ype~'A' Opaque Screen" was requested and Mr. Hass provided it.
MOTION by MatherNesia
I make a rec~3mmendation to City Council for the zoning for 99-02 with the
addition of the required item 3 under F, required to meet the site plan ordinance,
be added.
Roll call: Ms. Vesia - yes Mr. Mathis - yes
Mr. Gerhold - yes Mr. Mather - yes
Mr. Barrett - yes VC Pliska - yes
· ,", Chmn. Schulke - yes
The vote was 7 - 0. Motion carried.
c. Waivers-Section 20A-19.4(D)
Mr. Hass gave staff presentation noting that City Coundl requested this change and
noted that the changes are underlined and the crossed through sections are being
deleted. He read the ordinance for the record.
There was much discussion by all Commission members and each one noted their
objection and reasons.
MOTION by Barrett/Mather
So moved on the motion as stated by Mr. Schulke.
Chmn. Schulke read his summary:
'"We do not recommend to City Council amending Zoning Text Amendment or,
approving Zoning Text Amendment number 99-03 for the following reasons:
We don't believe .... City Council are not part of the LPA - we've got -
essentially they appoint people on bhis Board because we've got experience in
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JULY 15, 1999 ,
this, in this area of exp_e,~ise. Some of us do and some of us don t, but, just
being on this Board, we ve got experience. Many of City Council
members have noth.., know nothing about real estate, know nothing about
land development, so we can essentially state that.
2, We can state that we believe ~is is a kne_e, jerk reaction to a decision we
made that a few members didn t like, I don t know if we want to say that, but
we possibly could, and I believe it - and if you have any others, let's give it a
number .3.: 3 or 4, let's put our heads together and we'll send it to them like
that, they re going to have to read all that, I guess, if that's our
recommendation, let them read it to the public and put it to them".
Chmn. Schulke: Roll call please: Mr. Gerhold - yes Mr. Barrett - yes
- Chmn. Schulke - yes Mr. Mathis - yes
Mr. Mather - yes Mr. Pliska - yes
Ms. Vesia - yes
The vote was 7 - O. Motion carded.
City of Sebastian, Florida
Subject: Employee Health Benefits Agenda No.
.'XAgprgved for Submktii/~ City.~Manager Department Origin: City Mana~r
~k_/ .//--~,_-,-. Date Submitted: 8/17/99
For Agenda off 8/25/99
Exhibits: -
Memo, Dated August 19, 1999 to Honorable Mayor and Members of City Council
Memo, Dated August 19, 1999 to Terrence Moore, From Mark Mason
Memo, dated August 18, 1999 to Terrence Moore, from Insurance Committee IRe:
Insurance Committee Team Recommendation
City of Sebastian Health Insurance Evaluation Point Summary
City of Sebastian Dental PPO Insurance Evaluation Point Summary
City of Sebastian Life Insurance Evaluation Point Summary
City of Sebastian Vision Insurance Evaluation Point Summary
EX_PE~NDITURE ~Q~ED: I AMOUNT BLTDGETED: [ APPROPRIATION
_N/A N/A REQIZIRED: 4-
SUMMARY
Over the past several weeks staff'ad members of the Insurance Committee, in conjunction with ~he
City's Agent of Record, the Gehring Group of West Palm Beach, have been diligently involved in the
Request for Proposal Process for employee benefits. After reviewing various proposals received for
employee health benefits for all eligible City of Sebastian Employees, the attached memorandum
outlines specifics and recommendations made by staff.
RECO1V[MENDED ACTION
To accept staff recommendations for employee benefits.
City of Sebastian, Florida
1225 Main Street B Sebastian~ Florida 32958
Telephone (561) 589-5330 ~ Fax (561) 589-5570
MEMORANDUM
To;
From:
Honorable Mayor, Vice Mayor and City Council
Terrence Moore, City Manager
Date: August 19, 1999
Subject: Recommendations for Employee Health Benefits
Please find the attached documentation regarding recommendations for health benefits to be
made available to City of Sebastian employees beginning Fiscal Year 2000. The new proposal
calls for employees to receive benefits to include, health, dental, life and long term disability
and vision insurance.
Early estimates provided by various insurance companies indicated a 20% to 38% increase in
premiums beginning Fiscal Year 2000. As such, the proposed budget reflects minimum
expenses to be 20% greater than expenditures this current year (a total of $439,560, up from
$.371,030 allocated in the Fiscal Year 1999 Budget). The recommendation is to have Blue
C~:oss/Blue Shield of Flodda, Canada Life and Vision Care be the City of Sebastian's
providers, to deliver all of the aforementioned services at a total cost of $402,326 (12% less
than originally anticipated). This proposal conforms to recommendations made .by the
Sebastian Insurance Committee, who reviewed this matter during the past several weeks, as
well as advice provided by the City's Agent of Record, the Gehring Group of West Palm
Beach, Florida. Mr. Klif Gehring of the Gehrfng Group will be present at the August 25~h
meeting to provide a bdef synopsis as to why this arrangement makes sense.
The 12% savings generated from the Request For Proposal (RFP) process is recommended to
be applied as an increase to dependant coverage paid by the City of Sebastian. As such, staff
//..-,r,~omj~ends a 50/50 s~t for dependant coverage to be incorporated in the union agreements.
errence Mc~er~ -
TRM/
Attachment
Cc: City of Sebastian Insurance Committee
y Documents/Fringe Benefits
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Memorand
To:
Erom:
Date:
Re:
Terrence Moore, City Manager
Mark C. Mason, Director of Finance
August 19, 1999
Employee Health Insurance
We have analyzed the financial impact of the recommendations by the health insurance committee regarding'
Health, Dentak Life and Disability, and Vision Insurance the City currently provides to its employee.4.
Based upon early estimates provided to us from the insurance companies currently providing insurance, we
expected a 20% to 38% increase in premiums for fiscal year 2000, necessitating us to budget for a minimum
increase of 20% or a total of'$439,560, an increase of $68,530 over fiscal year 1999.
The actual increase comes in at a combined 8% increase or $31,296 above fiscal year 1999 budget of
$3 71,030, including dependent care at $50 per month in accordance with PBA and CWA contracts.
Savings generated from budgeted amount ($439,560) to actual increase amount ($402,326, including
5;13,800 for dependant care) is $37,234.
DATE:
TO:
FROM:
SUBJECT:
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32956
TELEPHONE (561) 589-5330 n FAX (561) 589-5570
August 18, 1999
Terrence Moore
City Manager
Chris Cote', Police Department ~
Joe- Dillon, Police Department .,~..
Steve D~rapano, Public Works-'~-''''
Mark Mason, Director of Finance ~
Rich Samolewicz, Director of Human Resource~
Pete Socci, City Garage ~,.~.
Paul Wagner, Contract Purchasing Agent/~.~-
Insurance Committee Team Recommendation
During the 1998 contract negotiations between the CWA and PBA a reopener clause was
agreed to by both Unions and the City with regard to looking into Health, Dental and other
insurances that the city employees currently part-take in. Recently, the City of Sebastian
put together an Insurance Evaluation Committee consisting of seven employees to review
and recommend to the City Council the direction the City should take with regard to
renewing the City's Health, Dental, Life, Long Term Disability and Vision insurances.
The Gehring Group who is the City's Agent of Record and experts in the field of insurance
assisted the Evaluation Committee in the scoring and ranking process of each of the
insurance categories. The Gehring Group helped develop the RFP in conjunction with City
personnel, distributed the RFP's, reviewed all responses received and summarized the
information for the Evaluation Committee. They presented the facts in a well. organized
easy to understand format. This allowed the Evaluation Committee to review, evaluate,
and make a qualified recommendation based on the facts presented through the RFP
process.
Based on the Committees evaluations we are recommending that the Health and Dental
Insurance be renewed with Blue Cross/Blue Shield. Our current Vision Insurance should
be renewed with Vision Care Plan and the insurance provider for Life Insurance and Long
Term Disability be changed to the Canada Life Insurance Company. Attached is a
synopsis of the Committees evaluations and recommendations for insurance coverage
renewals based on the RFP process that was utilized.
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City of Sebastian, Florida
Subject: Interlocal Agreement with IRC for
Paving Vocelle Ave.
Exhibits: Interlocal Agreement
EXPENDITURE
REQUIRED: N/A
Agenda No. ~-/7 ~
Department Origin: Public Works
Originator: ~
Dept. Head:
Attorney:
Date Submitted: 8/17/99
For Agenda of: 8/25/99
IAMOUNT BUDGETED:
N/A
IAPPROPRIATION
REQUIRED: N/A
SUMMARX
Th.e City's permit to Indian River County for water main construction required jack & bore uncier
Vocelle Avenue because the road was not scheduled for resurfacing. The County requested to
open cut, instead, as an effort to reduce costs that would ultimately reduce the property
assessments. Due to the fact that the City had cut the mad in 1998 for the installation of drainage
pipe as part of the Dempsey/Vocelle drainage project, additional cuts made by the County would
justify resurfacing the street. Entering into an agreement with the County to cover the cost of
resurfacing would provide a better end product and at an overall cost savings to the public
regardless of jurisdictional boundaries. The attached Interlocal Agreement provides for
reimbursement to the City by the County for 60% (or $9,000) of the cost to pave Vocelle
Avenue.
KlgCOMMENDEI ACTIOt
Move to approve the Interlocal Agreement with Indian River County to cost share in the paving
of VoceIle Avenue.
INTERLOCAL AGREEMENT
between
INDIAN RIVER COUNTY, FLORIDA
and
CITY OF SEBASTIAN, FLORIDA
This Interlocal Agreement, entered into this __ day , 1999, by
and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the state
of Florida, 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 cost sharing in the paving of Vocelle Avenue, provides:
WITNESSETH:
WHEREAS, thee COUNTY and CITY agree that the COUNTY Was issued a
permit to install underground utilities in the CiTY Right of Way for Phase 2B Water
Main Expansion; and
WHEREAS, the COUNTY accepts responsibility to restore the right-of-way in
accordance with the conditions of the permit; and
WHEREAS, the CITY and COUNTY would benefit to cost share the paving
restoration of Vocelle Ave; and
WHEREAS, an undertaking of this nature is in keeping with the
Interlocal Cooperation Act of 1969" as set forth in Florida Statutes Chapter 163;
"Florida
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter set forth and pursuant to the statutory authority
contained in F. S. Chapter 163, the COUNTY and CITY agree as follows:
1. The COUNTY agrees to pay to the CITY 60% of the resurfacing costs of Vocelle
Avenue estimated at $9,000.
2. Within forty five (45) days of invoice by CITY, the COUNTY agrees to reimburse
the CITY 60% of the contractor's bid price for resurfacing said street.
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IN WITNESS WHEREOF, the parties hereto have caused this interlocal agreement to be
executed by their duly authorized officials on the day and year first written above.
ATTEST
CITY OF SEBASTIAN, FLORIDA
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
By
Martha S. Wininger, Mayor
Rich Stringer, City Attorney
INDIAN RIVER COUNTY BOARD
OF COU-NTY COMMISSIONERS
only:
Approved as to form and legality for
reliance by Indian River County
By
Chairman
County Attorney
City of Sebastian, Florida
Subject: Golf Cart Repairs Agenda No. ~-~.
~x~ro~v~d for Sub/mi~y.'~Vjana~r Department Origin: City Mana~r
-)~y 71~_._~~s' T° City M~'/Purchasing
Date Submitted: 8/18/99
For Agenda of: 8/9.$/99
Exhibits: Golf Cart battery replacement and repairs -Extraordinary Procurement
Certificate
EXPENDITURE
REQUIRED: $6,500.00
AMOUNT BUDGETED:
$$6,832.00
APPROPRIATION
REQUIRED: $6,500.00
SUMMARY
Several Club Car golf carts at the Sebastian Municipal Golf Course need replacement batteries and
repairs. With continuing tournament play and the upcoming winter season, it is imperative that
replacement batteries and repairs be made as soon as practicable. The estimated cost for replacement
batteries and repairs is approximately $6,500.00. In accordance with the City's Procurement
Ordinance, this is an extraordinary procurement, in that it is an emergency, over the $5,000.t30
th/eshold, and the vendor Custom Carriage, Inc., is the sole source factory authorized dealer for Club
Car products within our area therefore, City Council approval is needed
RECOMMENDED ACTION
Move to approve the extraordinary procurement, for golf cart replacement batteries and repak, in the
amount of $6,500.00, from Custom Carriage, Inc.
CTI~_OF SEBASTIAN PUR~SING
EXTRAORDINARY pRO~CtIREM~NT CERTIFICATE
DATE: 8/13/99
TO: PURCHASING DEPARTMENT
FROM:
DEPARTM~ENT:
TYPE OF PROCUREME~:
Crog gardmcr ~
Golf Course
SINGLE SOURCE
ITEMS ORSERVICESREQUIRED:
Gqlf Carts
PROPOSED VENDO~
[~X EMERGENCY
Custom Carriages, Inc.
18754 East Colonial Drive
Orlando, D1 32820
.K/STIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE:
Several ~olf carts badly in need of batteries and repairs
Urgently needed for tournaments and Winter season.
. .CERTIFIC_.,4 TION OF A VAII..,4BILITY/NECES$1TY "
I hereby e~tify that I have thoroughly r~vi~ed the faet~ ~d 6rcum~Zanc~$ of this r~uested purchase
an~ that (I) the strpplier of the gooddser~ees requested i~ the sole source supplier, or (~) the Depaflment
has an u~ent need, on an emergency basis, for the puretmae of the gooddservlcez and the emergency is
such that a delay through the use of normal competitive procurement methods to acquire such good
/ser-~ice$ would not be in the public's best interest and would be detrimental to the CiD'. I also cerfi[y tht
this request is in full compliance with the City of Sebasfi~ Purchasing Ordinance-
A:WORM~.WPD
8/05/96
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City of Sebastian
AGENDA SUBMITTAL
AgendaNo. ~,/7~
Subject: Ordinance 0-99-13; amending
Code Ch. 2 & 26 to reflect manager
responsibility over personnel
Approved for Submittal by: City ~~ate
Exhibits: Ordinance O-~9-13 For Agenda of.'
Expenditure Required: n/a
Amount Budgeted: n/a
Appropriation Required: n/a
SUMMARY STATEMENT
Department Origin: City Attorney
Submitted: 8/19/99
8/25/99
At the conclusion of the workshop concerning exempt salary adjustments, the council
consensus was to agree with the request of the city manager that personnel matters such
· ,-as job classifications, wage scales, etc. be handled administratively subject to the
'budgetary controls of council. This system comports with accepted practice in a
manager/council form of city government. The council asked how to effectively take
approving action, and it was brought to their attention that Code provisions remained
from the mayor/council form of government that placed inordinate council control over
such matters. The consensus of council was that an ordinance be brought forward to
rectify this situation.
The ordinance does three things:
1. It removes council from the formulation of personnel procedures, which
leaves this as an administrative function.
2. It takes removes provisions setting forth an exhaustive list of duties for the
director of finance and direct council control over his salary.
3. It removes direct council control over the qualifications and salary of the
building official.
RECOMMENDED ACTION
Move to pass Ordinance 0-99-13 on first reading, schedule second reading and public
hearing for 9/22/99, and authorize City Clerk to advertise for same.
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ORDINANCE. NO. O-99-13 i
AN ORDINANCE OF THE CITY OF SEBAS22AN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES I
CHAPTERS 2 AND 26 TO REFLECT CITY MANAGER
AUTHORITY OVER PERSONNEL MATTERS; PROVIDING FOR I
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFI~CTIVE DATE.
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WHEREAS, the Charter of the City of Sebastian provides for a manager/council 'f~rm of
government; and · I
WHEREAS, under the terms of the City Charter, the city manager is charged with the I
administrative task of supervising and directing all city personnel other than those under anothe? charter
officer; and i
WEEEREAS, under state law and accepted political theory, under the council/manager form of I
government the city manager is responsible for job classifications, setting compensation for employees I
and promulgating administrative personnel procedures, subject to budgetary review and approval by the
city council; and I
WHEREAS, the City Code contains vestiges of the previous mayor/council form of government I
which provides for more direct supervision of personnel by the city council. '
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: I
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Section 1.. That section 2-4 of the Code of Ordinances, City of Sebastian, Florida is
hereby deleted and reserved:
Sec. 2 4. Personnel procedures.
(~} Adopted-by ~cf~rcnce. Thc Standard Operating
Procedures For Personnel Administration and Job
Descriptions, attached to Ordinance No. 0 84 16, are
hereby adopted by reference and made ~ par~ ~f t~i-e
Co~c of Ordinancc-s. These rules supersede thc rules
en&cted ~n D~cember 10, 1979. Three somptctc copies of
these ~ules s~all bc kept-by thc city c!crk for p~lie
inspection.
(~) Amendmcnt~ ~o be made,by resolution. Any
amendment, including ad~ition~, deletions and
modifications, to- be made to ~hc St&ndard Operating
Procedures For -Personnel Administration and Job
Descriptions of the-city shall bc by rcso!Rtion of the
eity council.
",'. Section 2. Thatsection2-106oftheCodeofOrdinances, CityofSebastian, Floridaishereby
amendedtoreadas ~llows:
Sec. 2-106. Created.
The city manacer shall aDpoint a qualified person
workinc directly under his supervisiOn t° be directOr
of finance, performin~ the duties Prescribed hereunder
and such further functions as the city manager may
assign'.
~here sh~ll be a department of-finance, the 4%sad
of which sh~it be thc dimector of ~inancc, who shall be
appointee-by thc cit~ managcrz
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Section 3. Th~ se~ion 2-107 of the Code ofOrdin~,ces, Ci~ of Sebastian, Florida is hereby I
amended to read as ~llows: I
Sec. 2-107. Director of finance-- Powers and duties
and salary. ' ...... '
Qualifications
The director of finance shall be the city auditor
and treasurer, and accordingly shall maintain a 1
general accounting svstem for the city Government and
Units thereof; be custodian of all funds belonging t°
or under the control of the city; supervise the
collection of all money due the citY; supervise all ' I
tax 'or other assessments; and supervise the
disbursement of city funds, in furtherance of which
the director must be a Signator on any disbursement I
of cit~ funds, haVc know~edge of ~unicipal aCCounting
and taxation and shall havc had cxpericncc in
budgeting and financia~ coat,et. The di~cctor shall 1
~cccivc an annual s~lary to bc fixcd by thc cb~y
Section 4. Th~ section 2-108 of the Code of Ord~nances, CiU of Sebastian, Florida is hereby
amended to read as ~llows: ' l
Sec. 2-108. Same--Surety bond required. I
(a) The director of finance shall post a bond
payable to the city in the penal sum of no less than
~100,000.00 $25,00~.00, conditional for the faithful
performance of all his duties as director of finance "
' and the accounting, safekeeping and delivery unto the
city of all money or property coming into his hands
belonging to the city, with surety of a surety company 1
authorized to transact business in the state. ·
(b) The bond provided for in this section shall
be presented to and be subject to the approval of the
city council. The premium for the bond provided in this
section shall be paid by the city. I
Section 5, That section 2-109 of the Code of Ordinances, City of Sebastian, Florida is hereby
deleted as follows and the section is reserved:
See. 2 109. Same--Powers and duties=.
Thc director of finance sh&tt have charge (>f the
administration of the finenei~t ~ffair~ of thc city and
te that end he shall bc thc city treasurer and ohatt
have authority and shall be required to:
(!) Compile thc current expense estimates for the
budget for the city manager.
(2) Comp~te ~apit~l e~timatc$ for thc budget '
the
for thc ~i~y manager. ~
~ { 3} Supervise and bc rc~pons~ible fc~r thc
di=~rscmcnt of all moneys and have control ove~ all
expenditures to casure that b~gct appro~>riations are
~ot c~xc eedee~.
(4) Haintai~ a general accounting syctcm for thc
city government and each ~f- it~-~ offices, departments
and -agencie~^~; keep book~'~ for and exercise financial
. budgetery con~ro! over each ~fficc, deportment and
"'. agency; keep separate accounts fo~ the items of
appropriation contained in- the city- budget, each of
which accounts shall show the- amount of thc
appropriation, the amoents paid-therefrom, the unpaid.
ok>!-igations against it and thc unencumbered balance;
requizc rcpc>mts of receipts and drisbursemcnt$ from each
~ccciving spending a~ency city government to
&nd
~f
thc
bc made daily or at such intcrval.s as he m&y deem
expedicnt.
(5) Submit to- the city a
manager
monthly
statement of all receipts and disbursements from each
receiving and spending agency of the city government to
bc made daily or at such intcrvets as he may deem
expedient. '
( 6~ Submit to thc city manager ~ mouthly
s-tatcmcnt of all receipts and disbursements
sufficient de,ail to shew thc exact financi~! condition
of the city.
(7~ Prepare fo~ thc city ma~na~cr, wi=bin 60 days
of the end of each f-i~cal year, a complete financial
statcme~ and report.
~8 ) Supervise and be responsible for t~c
asscs~sment ~f all specie! assessments for the city
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govcr-nmcnt, and give such notice ef special assessments I
as may bc required-by law.
(9) Co~ec~ ell ~pccial asscssmcnts, liccnsc fees I
and other revepue of thc city for whose collection the
city is respe~iblc and receive all money receivable by
the city ~rom thc state or fedcral government, or from I
~ny court, or from ~ny-~ffisc, department or agency of
thc cit~.
.(10) Havc custody of all public funds belonging to I
o~ under thc control of thc city, or any office,
dcpartmest ~f agency of the city government, and
dcposi~ all funds coming' iato his han~s in ~uch~
dc~positorics as may bc designated by resolution of the ~
council, or, if no such resolution is adopted, b!~ the
city manager, subject to the requirements ~f law~a~ to
surety and the payment of interest on deposits, but all ~
s+~ch interest shall bc the property of the City an~
sha~b be accounted for and credited to the propcm
account. I
(1t) Have custody of a!~ investments and invcstc~
fun~s of the city government, or in posses~ion of such
~ovcrnment i~ ~ fiduc%ary capucity, and have the I
-~afekccping of all bonds and notes of thc city and thc
reccilot and dclivcry of ci{y bonds and notes f~
transfer, re<~istrat~o~ or exchangc.
(t2~ F~apcrvisc and maintain proper procedures for' I
the purchase ~f ~11 supplies,- materials, equipment and
~thcr ~rtictes used-by any ~ffice, dep~rtmcnt or aqcncy
of thc city govcrnmcnt, in cooperation with other I
department heads.
~ (13) Approve all proposed is cxpcnditurcs~ un~css he
~hall certify that there a~ unencumbered batancc of ·
appropriation and avail~bt~ funds, in which case no
appropriation ~hat~ be cncmmbcred and n~ expenditure
shall bc made. ·
(14} Kccp a list of outstan~in~ city bonds' and
revenue eerti$icates~ ~ whom issued, for what t>urposc
and wheR and ~hcrc payable and thc rate of intcrcst I
~ucb eb!igation~ rcspcctivc!y bear, and recommend te
thc city council, through thc city manager, such action
from ~imc te time am ~itt en~urc~ punctual payment of
principal and intcrcst of such bonds. ·
(15) Issue all warrants for thc peymcnt of money
by thc city and countersign eush warrants, i
Section 6. That section 26-33 of the Code of Ordinances, City of Sebastian, Florida is hereby
amended to read as follows:
Sec. 26-33. Building department creator; building
official; appointment, qualifications and duties.
(a) There is hereby ere&ted within thc city a
building dep~rtmcnt to be headed by the shall be a
building official for the city, who shall be appointed
by and serve at the pleasure of the city manager.
(b) The-building official shall be qualified by
education and training in ~ccordance with state law to
perform the duties of his office. The buikding official
shall receive such salary and compensation as shall be
fixed from time to time by the city councbt.
(c) The building official shall have authority to
receive applications and issue building permits and to
enforce the building code, building ordinances and
standard codes adopted by the city. Neither the
building official nor anyone under his direction shall
enter any private property without the consent of the
owner. The repair, vacation or demolition of unsafe
buildings or structures shall be handled pursuant to
the unsafe building abatement code, as amended herein.
Section 7. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 8. SEVERABIL1TY. 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 provision. It shall further be assumed that the City Council
would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 9. EFFECTIVE DATE. This Ordinance shall take effect following its adoption by
the City Council.
The foregoing Ordinance was moved for adoption by Councilmember The
motion was seconded by Counciimember and, upon being put to a vote, the vote
was as follows:
Mayor Martha S. Wininger
Vice-Mayor Chuck Neuberger
Councilmember Joe Barczyk
Councilmember Ben A. Bishop
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed and adopted this
day of September, 1999.
CITY OF SEBASTIAN, FLORff)A
ATTEST:
By:.
Martha S. Wininger, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Stringer, City Attorney
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