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HomeMy WebLinkAbout10211998City of Sebastian 12215 Main Street Sebaafian~ Horida 32958 CITY COUNCIL AGENDA PACKET SPECIAL MEETING WEDNESDAY, OCTOBER 21, '1998 - 7 PM City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 r~ FAX (561) 589-5570 2. 3. 4. A. 98.118 B. 5. ADJOURN AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, OCTOBER 21, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN,, FLORIDA No public input is allowed at a Special Meeting unless approved by majority vote of City Council at the beginning of the Special Meeting (in accordance with R-97-21) CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL SPECIAL MEETING ITEMS Submittal by Mayor Sullivan Re: Attorney Costs Proposed Employment Agreement with Attorney Rich Stringer ANY PERSOlq WHO DECIDES TO APPEAL ANY DECISION MADE BY THE C1TY COUNCIL [FFIT-I RESPECT TO ANY MA TTER CONSIDERED A 7' "HIS MEETING (OR HEARING) WILL N~er3 A RECORD OF THE PROC~FDINGS AND ,~tA Y NF.F_D TO k2ISURE THA T A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE. WHICH RECORD INCLUDES THE TESTIMONYAND EVIDE.¥CE UPON ~VftlCH THEAPPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERIC&VS W177.t DISABILITIES ACT (ADA), ANYONE llq-lO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 AT LEqST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government ~¥[eetings Upcnmine Meetb~gs Regular Meeting - Wednesday. October 28. 1998 (&_ 7pm Public Forum - Thursday, October 29, I 998 (~ 7pm * RegularMeettng - Wednesday, November 4, 1998 (~ 7pm o RegularMeetmg- Wednesday, November 18, 1998 (&~ ?pm Regular Meettng- Wednesday, December 2. 1998 (~_ ?pm Regular Meeting - Wednesday, December 16, 1998 @ ? pm Budget legal--S100,000. IN-H.OUSE ATTORNEY: Salary $60,000. 6% retirement 3,500. Car allowance 4,200. Cost of living (2%) 1,200. Imumnce & Vacation time 6,500. Out-of-county travel (mileage) ~ Re~ Costs Supplies, Seminars, Travel expemes $ 5,000. Legal secretary 32,000. Books: Fla. Statutes .(bi-annually- $130) 260. Phone (monthly- $20.) 240. Intemet U 210. Westlaw Service (on-line law h'brary- $100. a month) 1,200. Shepard's on CD (up to date rose history) 100. Remodeling upstairs - elevator, air conditioning heat, etc., plus operating costs ADDITIONAL CONSIDEERAT[ON$ * Intends to continue to taker~ outside legal work Additional attorney costs to cover for vacation and when not available. Is not certified in local, county or state law or in real estate cases. High costs for in-home attorney is reason that of 17 nearby cities, only 3 have attorneys in-house and all 3 are larger than Seba~'dan, with bigger budgets. (Veto Beach, Stuart and Port St. Lueie) BUDGET - LEGAL $100,000. CONTRACT ATTORNEY Council meetings ~ $300 per (4 per month) Planning a Zoning (~ $125 an hour Code enfo~ @ $125 an hour Telephone adv~ ~ $125 an hour (48 houm of calls) Paralegal servia, miss. In person meetings (contracts) @ $125 an hour $14,400 12,000 12,000 12,000 10,000. 5,000 $65,400 ADDITIOBiAI. CONSIDEJ~TIONS: * No car allowance * No health insurance * No automatic cost of living increases * No costs for seminars * No 6 % of salary for retirement No $30,000. or six months of salary for termination * No legal instrance, an outside attorney carries his own, if sued No additional cost for extra attorney to cover for a one-attorney ofl:Jce * No vacation payment City of Sebastian, Florida 1225 Main Street [] Sebastian, Florida 32958 Telephone {561) 589-5330 [] Fax (561) 589-5570 Date: To: From: October 14, 1998 Honorable City Council Thomas W. Frame, City Manager Subject: Proposed Employment Agreement with Rich Stringer The attached copy of a proposed employment agreement is provided .for your review. I believe it contains matters that are acceptable to most Council Members. I don't expect every Council Member to agree with every item, but I believe that they address most matters satisfactorily. My recommendation is that the Council consider setting a special meeting to consider Mr. Stringer's employment agreement wi~¢a couple days so that he may come on board as rapidly as possible. EMPLOY3,fEN~ AGREE~fENT THIS AGREE~IE,'N'T m',gi¢ and ~stexed into this --__ day of Oc~obcr, 1998 b.¥ and bc~vcen ~he Civ_' of Sebastian, FIodda~ a municipal corporation (her, cfrm~rr referred to ::as "City") and Pdch Stringer (here~na~cr rc~,hrmd to as ;;Mr. S~n~-w") pumumt to tt~ Following l~rms and conditions: WHEREAS, thc City desires to retain Mr. Stringer as City Ammo-. of thc City WHEREAS, tl~ City e.xp~cts Mr. Striuger to perform all of thc rcsponsib~I/r/cs ;and" obligations required o£the City Attorney. oft~ Ck7 of Scbasd~ pursuant to the City Ch. after. Codes and Ordinances, and applicable State and Feds-mi rc~ons; and WHEREAS, ~¢ City. ~ires to pro~ ~~ le~s of cmpl~t for ~e ofCiW A~om~; ~d : W~~$, ~. S~ is ~s~ of~ !~o au emplo~t ml~°~p · e C~- of Se~fi~ m ~o~ ~e ~ ~ ~ Ci~ A~ NOW ~~0~ in co~i~gon ~ mut~ cov~n.~ co~d Cily and Mr, Stringer, hereby agre~ as follow~: : L APPOI~q'I3,fE.N-I' ~ The Cis' l~rc~ appoints Mr. 5tr/ngcr ss ~he City anomey of thc C/5' of Se~ cffccti,,.e ~: of $:00 a.m. of the Monday following approva/of this A_m'cemeat ~ thc Ci_w Council, subject t~ all tx-i'ms and conditions of this _A_D'eemcnt. Thc City. coufcrs upon Mr. String~ all powers, dutics and responsibilities as prcscriL~ and permitted by thc/aws of'the Stmc of' Florida. th~ City. Char~az'~ Ordinan¢~ and other Codes of the Cit,y o£ Seba.~'am II. TERM OF ~MPLOYM~NT This Agreement shall become effective u~on execution thereof by the last partylsigning the sam~, or as orS:00 a.m. of the Monday folIowing a.~proval of'this A~eement by th~ CiW, whichever shall occur first, and continue m e~et tmtil terminated pur~umat to kc terms of Section vrI hereof. III. COMPENSATION AND REN'EFIT~ 1. Salary - .Mr. Stringer's salm'y for the initial l~rim~ of this Agr~ent ~2~ll be $60,0430 per y~r Imyable in bi-weekly inst~ments of $2,307.69. : 2. Insur.anee - The City hereby agrees to provid~ and I~y for heal~ and denUfi insurance' for Mr. Stringer and his depeltdents. Said healt/t/dgntal benefits are to lm the same as tlxose availabl~ for all o Ci~ of ~e~-t~ ~rnployees and ate subjeCt to ,hang¢ if ~id benefits ate changed for all other Civj of Seba~an employees. 3. Rerircmem - The C~ ~ to ~'c~ran~mte ~o a City's 4:57 R~t~mentPla~x on behalf of Mr. S~nger an ~moum equivalem to a ret ~re~ntag~ of his annual salary, said l~'rc~mtage amount ~in8 aeterm~-~ by mmehing the ~ghesr percentage amount l~sr'Contn~omed ~ .a City 457 Retirement Plan on behalf'of any full-t/me exem~ employee. This amount is to be i~aJd in addition to any e~quin~ FICA contribution paid by, or any new retirement prOgrara inmk~t~ by, Ge City on behalf its employees. 4. Vaeaxion - Mr. Stringer shall accrue vacation benefits at the same rate ~ovi~ to all employe~ of~e City. Upon termination of ~mployment with the City. Mr. Stringm- sl~ll be entitled to ¢oml~emarion for gcrrued vacation tim~ not ~,~.xce~venty (20) days. 5. Sick Leave - Mr. Stringer shall aecvae skk leave at rl~ sam~ rate Wovicl~cl t° ail o~er employees oF the City.. Upon termination of cmpto?.unent, _,Mr. 5tr/ngm-shall be enfftled to compensation for accra~-~ xick }ea,~'e the s~ ~ ~1 o~ employes. p~vided ali o~er ~ploy~ of ~e Ci~. 7. ~sio~ ~cia~o~ aval~le, for ~}~ of~ s~s~o~ ~ educa~o~ sc~ mIa~d to lhe scope of 8. B~in~ss- ~e Ci~ S~ng~ di~y rela~ to ~e ~~ ofhs d~s ~ Ci~ A~. ~ pr~sion ho~ven s~ not ~e ;~ to r~fim &o Ci~ m ~bme ~. S~n~ for ~~s w~eh wo~d not ~e~ he ~h~ p~ m ~ofida S~, Ci~ C~ or Ordimccs orth, C~ of S~fi~, md modified ~m time m 10. ~ ~efi~ may ~ afford~ all o~ ~. ~V~ A~ ~A~O~ 1. Ev~on- U~n ~mpl~on of~e 5~ger shall be ~Se~ ~mpfi~e ~r~ ~e ~ md henefi~ of~. S~ in a m~ mnsi~t ~ .his p~om~ ~almfion. A d~inafion ~' ~e Ci~ Comcil not m in~e Mr. S~ger's sfi~' or Benefi~ s~l not ;o~ a br~h offs A~ement. ~y ~mes ~ ~, or benefits s~l be ~ ~e role ~on of Ci~' Co,oil. Suh~uent Mr. Stager ~ to become a r~dettt oft/m City of Sebastian within six (6) months ofth~ eff~ve dam oft,his vt TO_ I. For ~e first nvo wee~ following hi~ appo~ as ChOy Attorney, Mr. St/inter ~hall altend ~ public meetings of tim City as delim~efl below and will spend at least t4.vo days in the office at City Hail. 2. After the tmmition t~'iod set forth in l~'agaph one above,, Mr. Str/ngrr sMll fiv~ t~jal ~ to I~ cc~clucl~ from Mr. Stdagcr~ previous pmcfic~, none of wi'deb .lmve any ~--~-tion wi~ the C~y of :S~an or Lssu~ aff-ccth~ thc ~amc, which may from ~ Mr. Stringer shall devote Ids complete leial effor~ to the busiva~$ of the City. tdowev~, nothing herdn shall prevent Mr. Stringer from lmm/~ as a referring attomvy in accorchn¢~ with accepted l:ractic.~ of the Florida Bar, or from ~ as an ~apett ~ in matt~ not involving the Cio/. ~ 3. As part ofh/s dm'/e~, Mr. Stringer ~all attend all public me~tiugs, hearings and workshops o£the City. Council, as well as Planning and Zoning Commission, Code Enforcement Board, and Board of Adjustment mee*dng~. Although it is not anticiimt~ i£M.r. Stringer is required to miss any such meeting in the coum¢ ofooncluding matters from his prior prZ~c,~, he shall be respousible for providing ami c~,nlx~sating any substitute coumcl needed for SUch meudng. Additionally, Ivlr. Stringur .q~nll ~ m~ings ofother boards of thc City U.lXm reques~ of said board and the consensus of the City Manager and City Attorney that such a~dancc is inthc besi interest oftbe City. 1. The term of this ~ent notwithsiauB~g, eiflmm- party shall hav~ ~hc rigbI to tum-ninate ~his Agrc~mcm upon pmvidf~ ~ ~ oft~minalion to ~ o~ ~. ~s ~~on or ~efm m ~. s~r ~ m me ~~ of Se~on ~ Cl > Sub~ec~ m au7 ~i~ita~ior~ imposed by. lqori~ law, ~ Chy ~1 dde~, save barml~ and indemnify Mr. Stringer ~i~t ato' tort. pmfessJoml ~'lity claim or demand or other ~ a~zion, whc~ r groundless or othevMse, arising ou~ ofan~cg~d ~t ~r omission occur~g out of Mr. String.s acting v,Sthin the cour~ a~d scot~ of his ~ties as City. Attorney. DC GOVLV. NIN~. This Agreement sh~l! be subjc~ to and gov~rmxt bytbe laxvs of'thc Stalu cfi'Flor/da mad ~0/14,'98 IVLr'D i5:20 F...~ I~I00T venue for/ts enforcement shall be in Indian. ~ County, Florida. X. MOD1YICATIONS No provision of this Agreem~ may be changed or modified except by written _agreement executed by both parties hereto. This Agreement constitutes thc entire Agr~mnent between the parties and co~n~ ali the Agre.-'mcnts descn'bed herein between the parties w/th respect to the subject mai:ret her,.of. Said Agreement supersedes any and ail other Agreements, either oral or in writing, between th~ parties hcretn w/th respect to the subject matter of~hi~ Age~ent All notices coments, r~ue.m, imtraedom, approvals and. other COr, mUnicaz/om provided for herein shall be validly given, ma~ or served if in writing ami delivered persO~ly or sent ~ re_~er~ or e.~dfied ma/l, po~_ ~? prepaid, return receipt requested, to the To 'dm Employer:. CityofSeinstian Arm:C/tyMayot 122.5~'~nStre~ Seha.sOam,~32958 With a Copy A~:C~ ~ I225 Main Strc~ Sebastian, Florida To the Employee: Rich Stringer The headin~ in th/s A_areernern are for lmrim~es of reference on~ and shall not limii or ~0/14/9~ ;ED ~6:20 F..~ trial and alt aplxilaxe levcla, without respe= to who/s th~ initiating party md ah~ll aPPly to an A/reement wh/ch are ~ed upm b~ fi~ Corot WITNESS WttEREOF, th~ C~ of Sebazdan has catmd this Agreemem to be ~ its May~r a~l duly ~ ~ its City. Cl~k, ami Rich Sir/rigor has =xt-mrted this ~ a~ efftl= d~y and y~ar first above v.~a~m City of Ruth Sullivan, May~r ATTEST: Kith City C?etk A!:~proved as to form mai legality: Acting City of Sebastian 1225 Main Street Sebastian, Florida $295& CITY COUNCIL AGENDA PACKET WORKSHOP WEDNESDAY, OCTOBER 21, 1998 FOLLOWING SPECIAL MEETING City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589~5570 AGENDA SEBASTIAN CITY COUNCIL WORKSHOP WEDNESDAY, OCTOBER 21, 1998 FOLLOWING SPECIAL MEETING CITY COUNCIL CItAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITF~¥tS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAlg, FLORIDA No public input is allowed at a Workshop unless approved by con~en~u~ of City Council at the beginning of the Workshop (in accordance with R-97-21) 1. CALL TO ORDER 2. ROLL CALL 3. SPECIAL MEETING ITEMS 98.191 A. Review Proposed Concurrency Management Ordinance (0-98-18) 4. ADJOURN ANY PERSON WHO DECiDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANT MATrER CONSIDERED AT THIS MEETiNG (OR HF-4R[NG) WILL NEF_D A RECORD OF THE PROCEEDiNGS AND MAI'NEED TO ENSURE THAT A VERBA T13[ RECORD OF THE PROCFFDiNGS IS MADE, WHICH RECORD iNCLUDES THE TEST~IONYAND EVIDENCE UPON WHICH THEAPPEAL IS TO BE HEARD. ~86. O105 IN COMPLIANCE 14rlTH THE AMERICANS ~WTH DISABILITIES ACT (ADA). ANYONE ;W'IO NEEDS A ePECIAL ACCOM3/IODA TION FOR THIS MEk-7'iNG SHOt rLD CONTACT THE CITY'S ADA COORDINATOR AT .589-5330 AT LEAST 48 HOURS IN ADVANt?E OF THIS MEETING. Hearing Aa~i~tance Headphonea are Available in the Council Chambers for all Government Meetings U~comin~ 3It~in~,~ · Regular Meeting- Wednesday, October 28. 1998 @ 7pm · Public Forum - Thur$d~_v, October 29, ! 998 ~ v pm · RegularMeenng- Wednesday, November 4. ] 998 ~ 7 pm Regular Meenng - Wednesday, November 18. 1998 (~ ~ pm · RegularMeetmg. Wednesday, December 2. 1998 ~ 7.yin Regular Meenng - Wednesday. December 16, ! 998 ~ - pm AN ORDi~IA.NCE OF ~ CT'FY OF SEBASTI&N, I~FDIA.N RIVER COUNTY, FLOR[DA, AM~G TRF~ C1TY OF SEBASTIAN'S LAaN'D DEVELOPMENT CODE BY CREATING ARTICI,~ IX, CONCIfRRENCY NL-~NAGEM-ENT, STAThNG PURPOSE AND I~TENT, PROVIDIkNG CONSISTENCY 'WITH ~ CTTY'S COMPREItENSIVE PLAN, PROVIDII~G FOR DEFINrrioNS, PROVIDING FOR APPLICABILITY AaN'D EXE~[[vYIONS, ESTABLISHING CRrYERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS, ESTABI J~qFHNG CONCLrRREN~ ADMINISTRATION, ESTABLISffING CAPACITY RESERVATION, ESTABLISHING ADOPTED LEVEL OF SERVICE STANDARDS, ESTABLISHING METItODOLOGY FOR DETERMINING DEaMAND$ ON CONCURRENCY FACILITIES, ESTABI J.qFHNG DETERi~A~ON OF AVA II .A_BLE CAPACITY; PROViDI/~TG FOR SEVERABILITY; PROViD~G FOR RESOLUTION OF CONFLICTS; PROVIDI/~G FOR AX[ EFFECTIVE DATE. WHE~, the City Council of the City of Sebastian, Florida, desires to amend the City of Sebastian's Land Development Code by establishing concurrency rnm~gement; and WI~r~REAS, the city shall adopt a concurrency management program pursuant to Ch. 163, 9I-5, F.A.C. Beginning January 1, 9~ the city shall issue no development order or and Rule permit tmless public facilities required by the subject development are in place concurrent with the impacts of development, Wl:I-~~ a concurrency management plan must be in place to ensure public facilities are available prior to the development creating any impacts, . WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW 'Dt~REFORE, BE IT ORDAhNED BY THE CITY COUNCIL OF ~ CITY OF SEBASTIA2q, FLOR1DA, THAT: Apl~nC~ix 9A; C0nOm'ren~y M;milgmll~t System C,ry of ~ba,s~xn Section 1. Division VII of the Land Development Code, City of Sebastian, Florida is hereby created to read as follows: DMSION VIL CONCURRENCY MANAGEM:ENT SECTION 1: PURPOSE AND U'qTENT Concurrency is a finding that public facilkies and services necessary to support a propoSed development are available, or will be made available, concurrent with the impacts of the development. This Article is intended to provide a systematic process for the review and evaluation of all proposed development for its impact on concurrency facilities and services, as required by the Local Government Comprehensive Planning and Land Development Regulations Act, Chapter 163, Part II, FS, and Rule 9I-5.0055, Florida Administrative Code. Facilities in Sebastian that are subject to these regulations include: Potable Water Recreation Sanitary Sewer Solid Waste Drainage Roads The purpose of this Article is to ensure that development orders and permits are conditioned on the availability of concurrency facilities and services which meet adopted level of service requirements identified in this Article. This Article is also intended to describe the requirements and procedures for determining consistency of proposed development with the City of Sebastian's Comprehensive Plan. SECTION 2: CONSISTENCY WITH CITY'S COM2P~NSIVE PLAN Ail development applications shall demonstrate compliance with the City of Sebastian Comprehensive Plan as well as with all applicable provisions of the City Land Development Regulations. Further, development applications shall demonstrate that specified concurrency facilities shall be available at prescribed levels of service concurrent with the impact of the development of those facilities. SECTION 3: DEFI2'qlTION OF CC JCU'RRENCY M_&.NAGEMlgNT TERMS The following definitions shall apply to concurrency management rules and regulations: Appeal: A request for a review of an administrative interpretation of any provision of this Article, or a review of a decision made by any administrative official or board or commission. Building Permit: For purposes of the concurrency management ordinance, a permit wkich authorizes the construction of a new building, or the expansion of floor area, or the increase in the number of dwelling units contained in an existing building, or change in use shall qualify as a building permit. Capacity: Refers to the availability of a public service or facility to accommodate users, expressed in an appropriate unit of measure, such as gallons per day or average daily trips. Capacity, Available: Capacity wkich can be reserved or committed to future users for a specific public facility. Capacity, Committed: The amount of capacity which has been committed to accommodate existing developments, developments which have been issued a final development order, committed development, and vested developments. Capacity, Reserved: Capacity which has been removed from the available capacity pool and allocated to a particular property for a set period of time. Certificate of Occupancy: A document issued by the proper authority allowing the occupancy' or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances. Concurrency Certificate: An authorization to reserve capacity for concurrency facilities. Concurrency Certificate, Conditional: A conditional authorization to reserve capacity for concurrency facilities. Concurrency Facilities: Public facilities and services for which a level of service must be met concurrent with the impacts of development or an acceptable deadline, as mandated in the Comprehensive Plan pursuant to Chapter 163, FS, and 9J-5.0055, Florida Administrative .Codes, shall include: Potable Water Recreation Sanitary Sewer Solid Waste Drainage Roads Concurrency Management Monitoring System: The data collection, processing and analysis performed by the City to determine available capacity for concurrency facilities. Data utilized shall be the most current reliable informatio~ ~tvailable to the City. Concurrency Management System: The procedure and process that the City uses to ensure that no development order or building permit is issued by the City unless the necessary concurrency facilities are available or are assured to be available consistent with the City of Sebastian Comprehensive Plan. The procedure and process is also intended to ensure that sufficient capacity for concurrency facilities is available to meet and maintain adopted levels of service. As part of the concurrency management system the City shall operate and maintain a concurrency management monitoring system .~,gnl~Xl~.x 9_4~ Concurm~'y Manag~"n~t Sy~t~'n 3 Concurrency Review: Evaluation by the Growth Management Department based on adopted level of service standards to ensure that public facilities and services needed to support development are available concurrent with the impacts of such development as defined in this ~...~a'ticle and if such facilities are not available, that the developer of a proposed development bear a cost of providing public services and facilities at a level of service defined by the Comprehensive Plan and concurrent with the impacts of a proposed development. Concurrency Status Report: A status report prepared by the City identifying available concurrency facility capacity. The status report shall be produced, modified and adjusted from time-to-time as a result of the reservation of capacity or other act which alters the availability of concurrency facility capacity. Design Capacity: The potential or suitability for holding, storing or accommodating the demands upon a concurrency facility. Developer's Agreement: An agreement between the City and another pa,,xy associated with the development of land pursuant to Article III. Development Order: Any order or permit granting, denying or granting with condkions an application for a preliminary development order, a final development order, a development permit or any other official action of the City having the effect of permitting the development of land. Development Order, Final: This shall mean the last discretionary act of the City .before development can commence. The last discretionary act shall occur through an act of official authorization and with recorded documentation from the City of Sebastian thereby approving the final development plans for a proposed development project. The issuance of a final development order after the effective date of the ordinance adopting the Comprehensive Plan shall only occur if the final development plan complies with the goals, objectives, and policies established: in the Comprehensive Plan. Final development orders shall include the City's final approval of the following development procedures: Construction permit; Certificate of Occupancy; building permit; Developments of Regional Impact (DKI) approval; and Site plan approval. Level of Service: An indicator of the operational efficiency of service provided by a concurrency facility. Level of Service Standard: The adopted volume of demand required for each concurrency facility in order to achieve acceptable operational efficiency. Pool, Available Capacity: The total unused capacity of concurrency facilities e,,cisting at any point in time. A~x 9Az Concl.at~tO- Ma.na.~m~mt Syst~ "Proceeding in Good Faith": Tangible and continuing actions taken by an applicant of an approved final development order to perform actual project construction and implementation leading to completion of a final development plan within a reasonable period of time. More over, a certificate of completion for the development of infrastructure must be received within the time frame established in the applicable final development order. This provision can only be modified through a development agreement approved by the City Council. Vested Rights: A development order shall be deemed "vested" and not subject to requirements of concurrency management if development circumstances meet criteria for common law or statutory vesting, as defined below. ALI "non-vested" development or development orders are subject to all requirements of this Article. Vested Rights, Common Law: A right not created by statute or the provisions of the City of Sebastian Comprehensive Plan which would authorize the development of real property or the continued development of real property notwithstanding the provisions of the City of Sebastian Comprehensive Plan. The City may find such vesting to exist whenever the applicant proves by a preponderance of evidence that the real property owner, acting in good faith upon some act or' omission of the City has made a substantial change in the position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right to develop or to continue the development of the real property. The assignment of the particular zoning classification or the assignment of a particular land use designation to parcel of real property does not guarantee or vest any specific development rights to any person or entity as to said real property. Vested Rights, Statutory: A statutory ri~t to develop or to continue the development of real property pursuant to the provisions of §163.3187(8), FS, or its successor provisions. Such vesting may be found to exist if a valid and unexpired final development order was issued by the City prior to the effective date of this Code, if construction has commenced on the subject development and the development is in the process of being completed or further development is continuing in good faith. Statutory vesting does not occur unless all material requirements, conditions, limitations and regulations of the development order have been met and are being maintained. The Land Development Regulations shall not apply to developments which have commenced duly approved construction prior to the effective date of the City's Comprehensive Plan. SECTION 4: APPLICABILITY AND ~XEM~PTIONS All applications for final development orders shall be subject to concurrency review unless specifically exempted below. However, in no case shall a development order be issued for a minimum threshold project which would imuact a concurrency facility, for which a moratorium or deferral on development has been placed. A. Projects Below the Minimum Threshold. The following development shall be exempt from concurrency review: I. Residential projects that entail structural alterations, including room additions to single family structures--which do not change the land use: .~,l~l:~en~ti.x 9.ac Canam"c~ey Mana~.mo~l Sy,g~m City 2. Construction of residential or non-residential accessory buildings and structures which do not create additional public facility demand. Actions administered through development orders and other developments which do not increase demand on concurrency facilities, such as grading or land excavation or structural alterations which do not include a change of use and satisfy provisions of (1) and (2) above. Vested Projects. Projects which have valid final development orders or building permits prior to the effective date of this Code, shall be considered to be vested and therefore exempt from concurrency management. This shall include the following: 1. Any project for which a valid building permit has been issued and has not expired; and All vacant lots in single-family detached, single family attached and two-family subdivisions--which were lawfully platted in accordance with the City Land Development Regulations and recorded prior to the effective date of this Article; and 3. Approved developments of regional impact with a development order that has not expired; and .. 4. Any project which has obtained a determinatiOn of vested rights upon appeal to City Council. Redevelopment Projects. Proposed redevelopment shall be credited for the existing demand on available capacity. If a redevelopment project generates demand in excess of the existing demand which it is replacing, a concurrency review shall be required; however, the concurrency review shall only address the amount by which the proposed demand generated exceeds the demand of existing development. The development plan for redevelopment must be submitted no more than one (1) year at, er the prior use is discontinued in order to qualify for a concurrency credit. If the proposed redevelopment generates equal or less demand than the existing project, the applicant shall be given a concurrency credit enabling the applicant to reserve the unused capacity. The concurrency credit will expire within five (5) years of the change or discontinuance of the use. The applicant's submission of an application for a demolition permit shall also initiate a Concurrency review for the express purpose of issuing credits for redevelopment. Public Facilities. Public facilities necessary to ensure the protection of the health, safety and general welfare of the citizens of the City of Sebastian, including public schools (pre- kindergarten through 12th grade), shall be exempt from concurrency review. This shall include all public facility construction projects included in the Cirfs Capital Improvements Program required to meet any adopted level of service standard. SECTION 5: CRITERIA FOR CONCLrRRENC-~ AaND FINAL DEVELOPMENT ORDERS City of ~b~uan A final development order shall not be granted for a proposed development unless the City finds that adequate capacity for concurrency facilities exists at or above adopted level of service in order to accommodate the impacts of the proposed development, or that improvements necessary to bring concurrency facilities up to their adopted level of service will be in place concurrent with the impacts of the development. A. Sanitary Sewer, Potable Water, Solid Waste, and Drainage. For sanitary sewer, potable water, solid waste, and drainage facilities, the City shall find that the following criteria have been met in order for a proposed development to be found in compliance with concurrency management requirements: A final development order is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the necessary facilities and services are in place and available to serve the new development; or At the time the final development order is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to § 163.3220, FS, or an agreement or development order issued pursuant to Chapter 380, FS, to be in place and available to serve new development at the time of the issuance of a certificate of occupancy. B. Parks and Recreations. For parks and recreation facilities, at a minimum, the City shall find that the following criteria have been met in order for a proposed development to be found in compliance with concurrency management requirements: 1. At the time the final development order is issued, the necessary facilities and services are in place or under actual construction; or o A final development order is issued subject to the condition that, at the time of the issuance of a certificate of occupancy, the acreage for the necessary facilkies and services to serve the new development is dedicated or acquired by the City, or funds in the amount of the developer's fair share are committed; and a. A final development order is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction not more than one year after is.~tance of a certificate of occupancy as provided in the City's adopted Five Year Capital Improvements Program; or b. At the time the final development order is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be ia place or under actual construction not more than one year after issuanm of a certificate of occupancy; or c. At the time the final development order is issued, the necessary facilities and services are ~mJamnteed in an enforceable development agreement, pursuant to §163.3220, FS, or an agreement or d~velopment order issued pursuant to Chapter 380. tS, to be in place or under ac'nmi construction not more than one year after issuance of a cenfficate of occupancy.. C. Transportation Facilities. For transportation facilities, the City shall find that the following criteria have been met in order for a proposed development to be found in compliance w/th concurrency management requirements: At the time the final development order is issued, the necessary facilities and services are in place or under actual construction; or A final development order is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction not more than three years aYrer issuance of a certificate of occupancy as provided in the City's adopted Five Year Capital Improvements Program (CIP). The CIP may recognize and include transportation projects included in the first three years of the adopted Florida Department of Transportation Five Year work program. The Capital Improvements Element must include the following policies: a. The estimated date of commencement of actual construction and the estimated date of project completion; and b. A provision that a plan amendment is required to eliminate, defer, or delay construction of any road or mass transit facility or service which is needed [9 maintain the adopted level of service standard and which is listed in the Five Year Capital Improvements Program. At the time the final development order is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction not more than three years after issuance of a certificate of occupancy; or 4. At the time the final development order is issued, the necessary facilities and services are guaranteed in au enforceable development agreement, pursuant to {}163.3220, F_.S_S, or an agreement or development order issued pursuant to Chapter 380, F_~S, to be in place or under actual construction not more than three years ai%r issuance of a certificate of occupancy; or 5. For the purpose of issuing a final development order, a proposed development may be deemed to have a de minimis impact and may not be subject to the transportation concurrency requirements, only if all the following conditions are met: a. The development proposal is for an increase in density or intensity of less than or equal to twice the density or intensity of the existing development, or for the development of a vacant parcel of land at a residential density of less than four dwelling units per acre or, for non-residential uses, at an intensity of less than 0.1 floor area ratio. Isolated wcant lots in predominantly built residential areas where construction of a single family house would be the most suitable use, may be developed for single family residential under the de mmimis exception even if smaller than one quarter acre in size. b. The Wansportation impact of the proposed development alone doe~ not exceed 0. I percent of the maximum service volume at the adopted level of service standard for peak hour of the affected transportation facility. c. The cumulative tonal transportation impact Rom the de mmimis exemptions does not exceed ~ percent (3%) or- the maximum service volume at the adopted level of service standard of the affected wam~ortation facihty if the facility does not meet the minimum level of serve standard. d. The City has adopted within its Comprehensive Plan pohcies for granting such exemptions. City of Sabmsuan SECTION 6: CONCURRENCY ADM~'ISTRATION The Growth Management Department shall be responsible for concurrency reviews as required by this Article. The Growth Nhnagement Department in consukation with City staff shall determine whether adequate capacities for concurrency facilities are available to satisfy the demands of each proposed development. Refer to Figure 1, Concurrency Management Flow Chart, for a graphic summary of the administrative process. Application for Concurrency Review. Concurrency review shall be initiated upon submission and acceptance of an application for a site plan approval, subdivision construction permit, subdivision plan, certificate of occupancy, or a building permit, whichever first occurs. ~ ~the request of the applicant and pursuant to ayrnent of a concurrency review fee as may be established by resolution of the CityPcouncil, the Growth Management Department in consultation with City staff may render concurrency findings. Project Impact Assessment. The Growth Management Department shall use the best' available information to establish and evaluate existing capacities for concurrency facilities. The applicant shall be responsible for supplying the anticipated land uses, densities and/or intensities, of a proposed development together with the anticipated date of completion of proposed development, and provide an analysis of the impacts on concurrency management facilities. The Growth Management Department shall review the anticipated impacts of the proposed development on concurrency facilities. Project Phasing/Timing of Improvements, Concurrency facilities associated with a phased development may also be phased. However, all concurrency facilities necessary to accommodate the impacts of each pha~e must be available or a schedule for the acquired improvements must be approved prior to the issuance of a final development order. The schedule of facility improvements shaLl ensure that all facility improvements necessary to accommodate the impacts of the development (or portion thereof) for which a certificate of occupancy has been applied, shall be in place prior to the issuance of the certificate. Under no circumstances shall the final certificate of occupancy be issued for a project unless all required fadlity improvements required by the development order or development agreement have been completed. Development Agreements. If the minimum requirements for concurrency cannot be met, concurrency may be achieved by ~aranteeing necessary facility improvements in an enforceable development agreement. Said development agreement may include guarantees to construct required facility improvements or to provide funds equivalent to the cost of providing such facility improvements. Concurrency Review Determination, Upon the conclusion of the concurrency review, the Growth Management Department shall prepare a written determination concerning the proposed development. This determination shall address, but is not limited to: 1. The anticipated public faciliw impacts of the proposed development; AUp~tl~ 9A: Coflcm'r~' Managtm~t SF~t~ra 9 2. The ability of existing facilities to accommodate the proposed development at the adopted level of service standards; 3. Any existing facility deficiencies that will need to be corrected prior to the completion of the proposed development; The facility improvements or additions necessary to accommodate the impact of the proposed development at the adopted level of service standards and the entities responsible for the design and installation of all required facility improvements or additions; and 5. The date such facility improvements or additions will need to be completed to be concurrent with the impacts on such facilities created by the proposed development. Actions by the Growth Management Department. In the event that the City's concurrency review reveals that the proposed development would generate public facility.- impacts which can be absorbed by the existing available capacity with or without developer fimded improvements, the Growth Management Department shall issue a certificate of concurrency or a conditional certificate of concurrency as may be applicable. In the event that the City's concurrency review reveals that the proposed development would generate public facility impacts beyond that which can be absorbed by available capacity, the City shall determine whether there is a financial or other legally binding commitment to ensure that public facilities necessary to correct the anticipated deficiency will be in place concurrent with the impacts of the proposed development. , If the City and/or a developer are unable to provide such assurances, the project shall be denied. Concurrency Resolution. If the Growth Management Department determines :that an application for concun'ency review cannot be supported by sufficient concurrency facility capacity, the applicant may file an application for concurrency resolution and pay the requisite 611rig fee as shall be established by resolution of the City Council. The purpose for the concurrency resolution process shall be to enable an applicant to negotiate a development agreement which identifies terms for resoMng the capacity deficiency. The development agreement shall be consistent with §163.3220, FS, and applicable City ordinances. If the applicant successfully resolves capacity deficiencies, the applicant may reserve capacity pursuant to the terms of the development agreement. If the issues cannot be resolved, the application shall be deemed to be denied and, at any time, the applicant may resubmit the concurrency review application to the Growth Management Department. SECTION 7: CAPACITY RESERVATION A. Reservation of Capacity. Following receipt of an approved final development order, the capacity demand of the approved development shall be considered to be reserved. The time frame of the concurrency reservation shall be based on the time frame of the final development order or development a~eement. If the time frame of the final development City of ~baae.ast order andJor the development agreement lapses, the available capacity assigned to the development order shall be returned to the available capacity pool. Conditional Concurrency Certificate. A conditional concurrency certificate shall not vest the applicant for concurrency facility capacity; rather the applicant shall provide any required concurrency facility improvements or insure that the requisite improvements either are in place or shall otherwise be in place compliant with the provision of §5. First-Come-First-Served. Capacity shall be reserved on a first-come-first-served basis by the Growth Management Department. Such reservation shall be valid only for '.the specific final development order and for the specified land uses, densities, intensities, construction and improvement schedules contained in the approved final development order. Reservation of capacity runs with the land and is transferable to a successor in ownership. Reservation of capacity for concurrency shall expire if the underlying final development order or development agreement expires or is revoked. The final development order shall state the terms of the concurrency reservation, including the' allocation of available capacity, the time-frame for the allocation, and other appropriate legal assurances. D. Project Deferrals/Development Moratoriums. If at any time the City's inventory of the capacity of concurrency facilities indicates that concurrency facilities have dropped below its adopted level of service standard, the City shall cease to issue development orders for projects which would impact the deficient facilities or the area impacted by the deficient concurrency facilities, as defined within this Ordinance. Such a suspension or moratorium on the issuance of development orders shall continue until such time as the adopted level of service standard is re-established, the Comprehensive Plan is amended to reflect an acceptable level of service standard for 'the facilities in question, or alternative arrangements are made to ensure capacity will be available, consi~n~rith Section 5. SECTION 8: ADOPTED LEVEL OF SERVICE STA~NDARDS 2 ~ Level of service standards for those public facilities for which concurrency is required are set forth below: Concurrency Facility Sanita~ Sewer City of Sebastian Adooted Level of Service Standard 250 gallons per day per equivalent residential unit Potable Water 250 gallons per day per equivalent residential unit Drainage Facilities r~Vater Quana~. Standards: Off-Site Standard: Post development runoff shall not exceed the pre- development runoff rate for a 25-year, 24 hour design storm. On-Site Standard: Post development runoff shall not exceed the pre- development runoff rate for a 10-year, 24 hour design storm. .~.0~mx 9.~ Concurrm~ ~,lanagem~mt Sys~err~ [ i Water Quality Stardards: Water quality standards of Chapter 17-25, FAC, shall be applied as the quantitative standards. Chapter 17-25, FAC, requires Outstanding Florida Waters (i.e., Indian River Lagoon) to reduce pollution loads by an addkional fifty percent (50%) prior to discharge. Recreation: PARK CLASSI2:ICATION Neighborhood Park C ommunit~ Park ACREAGE OF RECREATION AREAS/POPULATION 2.0 per 1,000 ,, ,, 2.0 per. ,900 Solid Waste: 7.52 pounds per day per capita Roads: ROADWAY FACII,ITY State Arterials U.S. Highway 1 [ County Arterials CR 512 (Fellsmere Highway) ] D CR 505 (-Roseland Road) J. D City Collectors Indian River Drive D Schumman Drive D Barber Street (Wimbrow Drive to D .Drive) Fleming Street (Main Street to CR 512) D Easy Street (Main Street to Schumann Drive) D VoceHe Avenue (CR 505 to Fleming) D Main Street (US 1 to grmabrow Drive) D Laconia Street (CR 51-2 to South City_Limit) D Schumann .Significant Local Streets Shown on the Major Thoroughfare Plan Barber Street Extension (Schumann Dr tO US 1) - D - City Englar Avenue (Barber St to Schumann Dr) --~ D .City Wimbrow Drive (Main Street to East CR 512) - D .._city. Louisiana Avenue (iVlain Street to CR 512) -- City D Local All roads not classified as arterials, collectors, or D significant local streets shown on the Major ,.Thorou ar The peak horn si.all be thc 30th higtaest hour ega~li~hed by FDOT. STANDARD PEAK HOUR* Prior to issuing a development order the City shall review all proposed development to ensure consistency with adopted LOS standards. No development shall be approved that is projected to decrease the existing LOS below the adopted standard, unless those are mitigated by the developer. SECTION 9: METHODOLOGY CONCURRENCY FACRjTiES FOR DETERMINING DE}L-~NTDS ON A. Roads. In determining demand for available capacity for roads, the following criteria shall be used: Residential Development. For proposed residential development (except within mixed use developments), the following trip generation rates shall be used to calculate the impact of the proposed development: Land Use Tyne Single-Family Multiple-Family Trips Per Day Per Unit 10 8 Non-Residential Development and Mixed-Use Development.. For all other development categories allowed within the Future Land Use Element, the impacts of development shall be measured by utilizing the average peak trip generation rate associated with the land use designation in which the proposed development shall occur, using the most recen~published edition of the Institute of Traffic Engineers' Trip Generation Manual. In/_~.ternal capture rates may be considered in determining traffic volumes for mixed use developments; however, the applicant shall bear the burden of demonstrating any internal capture rates of the total nonresidential trips. Other Methods and Procedures. If the preliminary level of service information indicates a deficiency in capacity based on adopted level of service standards (reference Section 8 for adopted level of service standards for roads), the developer may at his option, prepare a more detailed alternative Highway Capacity Analysis as described in the Highway Capacity Manual (Special Report 209, Transportation Research Board, National Research Council, 1985); or conduct a travel time and delay study following professional standards and proc:dures contained in the Florida Department of Transportation, Traffic Engineering Office in its Manual for Uniform Traffic Studies. If the alternative methodology/, after review and acceptance by the Growth Management Department, indicates no deficiency in the capacity based on the adopted level of service standard, notwithstanding that the comprehensive plan indicates a deficiency in capacity based on the adopted level of service standard, the results of the alternative methodology will be used. However, the City shall, at its discretion, reserve the option to have the methodology reviewed by a professional transportation en~neer or transportation planner prior to accepting the methodology. The cost for such review shall be borne by the applicant. Required Traffic Analysis. For all new developments which are required to follow the site plan review process, the applicant/developer shnl! be required to submit a traffic analysis which identifie~ the development's impact on the City's transportation system. The Growth Management Department may ai~o require the submission of a traffic analysis for developments if the site location, anticipated total trip generation, circulation patterns or other such factors warrant a more extensive review of traffic impacts. Traffic Analysis Methodology. The impact area for the traffic analysis shall include adjacent and connected roadway segments as determined by the Growth Management Department. The applicant may apply alter,native trip allocations together with a statement of trip allocation methodology consistent with professional standards established ia one (1) or more of the following documents: Highway Capacity Manual, Special Report 209, Transportation Research Board, National Rematch Council, 1985. Florida Highway Sy~m Pla~, 'Traffic Analysis Procedures," Florida Depax~uent of Transportation, Bureau of Multi-Modal Systems Planning, 1987. Florida Highway System Plan, ~Level of Service Standards and Guidelines Manual," Florida Depaxtmeat of Tramportatioa,. Trip Geaemfion, Institute of Traa.s'portation Engiaec~ Oat,st edition). Transportation and Land Development, Stover, Virgil G., Iardtute of Transportation Engineers, 1988. Co Traffic Analysis Requirements. The traffic analysis shall include the following: i. Total proj~xl average weekday trips for the proposed development. Pa,q,q.4~ capture rate (commercial land u,~ only); Internal capture rate (plana~ d~'velopment only); P~ak exteaml trips ba,~d on IrE Trip Generation Manual, 5th (or most recent) Edition; P~ak hour directional projected vehicle trips on all ~gments of the arterial and collector strict system which are adjacent to the d~telopment project or a~ determined necessary ii. Design capacity of the accex~l mad(s). iii. Aaaly~ of traffic distribution on tl~ mad network including all links impacted by more than tea pemmt (10%) of project traffic. The trip distribution shall be co~istent with the "pre~~ contained ia the approved trip generation model. The Growth Management 12L~pattment shall determine the approved trip generation model. iv. Nec~mry Ol~natio~ improvem~at~ to the City, County, or State maiataiaed transportation system ia order to maintain tl~ adopted level of sea~ice for the roadway. v. Other related information a~ requir~ by the City. vi. lu.stfficatio-, including appropriate references, for the use of any trip generation rates. adjustments factors or traffic amgnmeat m~thods not previously approved by the City. vii. The later edition of the Institute of Transportation Engineers (rl'E) Trip Generation manual shall be used to calculate the,~ estimates. Adjnstment~ to there estimates may be made. based on special mp generation information supphed by the apphcant. Other Facilities, The level of service standards for all concurrency facilkies are listed in Section 8. The applicant shall provide the Growth Management Department with the information required to apply the adopted level of service standard as cited below. The demand on concurrency facilkies generated by the applicant's development shall be determined as cited below. l. Solid Waste. The demand for solid waste collection and disposal capacity shall be determined by multipl~he total number of persons served times 7.52 pounds. City of ~ba~nan 2. Potable Water. The demand for potable water capacity shall be determined by multip~the total number of equivalent residential units served times 250 gallons. 3. Sanitary Sewer. The demand for sanitary sewer capacity shall be determined by multip~the total number of equivalent residential units served times 250 gallons. 4. Drainage. The applicant shall provide evidence demonstrating that the proposed project shall meet the LOS established in Section 7 for drainage facilities. Recreation Area. The demand for recreation area shall be determined by multiplying the City's recreation area level of service standard (4.0 acres per 1,000 population or · 01 acre multiplied by each person served by the development). SECTION 10: DETERMINATION OF AVAILABLE CAPACITY For purposes of these regulations, the available capacity of a facility shall be determined by adding.' the cumulative total supply for each public facility component as cited in Step 1 and subtracting cumulative total demand for each infrastructure component as cited in Step 2. A. Step 1: Add the Indicators of Available Facility Capacity: 1. Capacity of Existing Facilities. The total capacity of existing facilities operating at the required level of service; and Capacity of Committed Potable Water, Sewer, Solid Waste and Drainage~. Facilities. The total capacity of committed new facilities, if any, that will become available on or before the date a certificate of occupancy is issued for the development. The capacity of concurrency facilities may be counted and deemed concurrent only il'the following standards are met: a. For Potable Water, Sewer, Solid Waste and Drainage: The standards identified in Section 5(A) shall be met. b. For Parl~ and Recreation Facilitiea: The standards identified in Section 5(B) shall be met. c. For Roads: The standards identified in Section 5(C) shall be met. B. Step ' Subtract the Committed Capacity.: 1. Existing Demand Based on Existing Development. The demand for services or facilities created by e.'dsring development as provided by the City. Demand to be Generated by Vested Development, Valid Capacity Reservation Certificates, and Valid Certificates of Concurrency. The demand for the service or facility created by the anticipated completion of other vested and~or approved developments. /lllllllllllllllb 1111% I · · I [] · · · [] ii · [] · · II [] · · I · · II IIIlllI II Ii · · · · II · [] · llllllllllllllll~ [] [] Section 2. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made part of the Code of Ordinances of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordNance" may be changed to "Section", "Article", or other such word or phrase in order to accomplish such intention. Section 3. SEVERAB~]TY. ff any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or pan of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or pan of a section of this Ordinance is wholly or necessarily dependent upon the section .or part of a section so held 'to be invalid or unconstitutional. Section 4. CONFLICT. This Ordinance shall prevail over all other Ordinances which are in conflict with this Ordinance. If any clause, section, or part or other 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 and in no way affec~g the validity of the remahing portions or applications remaining in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and Clerk of the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ruth Sullivan Vice Mayor Martha W'minger Councilmember Louise R. Cartwfight Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of 1998. CITY OF SEB~~, FLORIDA By: Ruth Sullivan, Mayor ATTEST: Kathryn M. O~;tallora~ CMC/AAE (se ) .approved as to Form and Content: Tim Williams City Attorney 18 " /- Y ITEM NO. ROLL CALL Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger ITEM NO. ROLL CALL 2 Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright ITEM NO. ROLL CALL 3 Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger ITEM NO. ROLL CALL 4 Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul SECOND MOTION SECOND MOTION SECOND MOTION SECOND /.5' ITEM NO. ROLL CAI~L 5 Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND DRAFT MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, OCTOBER 21, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Sta. ff p.r~ent: City Manager, Thomas Frame Acting City Attorney, Timothy Williams City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Also Pres~nil City Attorney candidate, Rich Stringer Special City Council Meeting October 21, 1998 Page Two DRAFT SPECIAL MEETING ITEMS A. Submittal ~v M~or Sullivan Re: Attorney Costs Following a brief discussion of attorney costs submitted by Mayor Sullivan (see attached), motion was made. MOTION by CartwrighffPanl I'd like to move that the numbers provided by Mrs. Sullivan are unrealistic and unsubstantiated requiring absolutely no further attention fi.om either Council members or City staff members. VOICE VOTE on the motion carried 4.1 (Sullivan - nay) 98.118 proposed Employment ,Sgreement with A[~0~ey Rich Stringer Following a brief discussion and input from Mr. Stringer, motion was made. MOTION by Cartwright I move to approve the employment agreement between the City of Sebastian and Mr. l~ich Stringer with the following corrections: all references to City of Sebastian employees shall be changed to say "full-time exempt City of Sebastian employees"; under Article VI Transition to Full- Time, 'Mr. Stringer shall a ,t~-nd all public meetings of the City as delineated below and shall spend at least two days per week in the office at City Hall'; under number III, Termination, second line, '... during the first two years, the City shall only be entitled to terminate the agreement without cause with written notice provided the City paysto Mr. Stringer an mount equal to three months of his current annual salary; next sentence, the change is fi.om 60 days to three months. Vice Mayor Wininger noted that after the two years it goes back to two months and Mrs. Cartwright added"after two years, the same sentence, it goes to two months of his current salary." Mr. Paul seconded the motion at this time. ROLL CALL: Mr. Neuberger - nay Mr. Paul - aye Mrs. Sullivan - nay Mrs. Wininger - aye Mrs. Cartwdght - aye MOTION CARRIED 3-2 (Neuberger, Sullivan - nay) DRAFT Special City Council Meeting October 21, 1998 Page Three Being no further business, Mayor Sullivan adjourned the meeting at 8:25 p.m. Appmvod at the ,1998, Regular City Council Meeting. Ruth Sullivan Mayor Kathryn M. O'Hailoran, CMC/AAE City Clerk City of Sebastian TELEPHONE (561) 5fl9-~330 o FAX (561) MINUTES SEBAS~N CI~ COUNC~ WORKSHOP WEDNESDAY, OCTOBER 21, 1998 - 8:45 p.m. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Workshop to order at 7:00 p.m. ROLL CALL Ci[v Councij Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul ~taff Present: City Manager, Thomas Frame Acting City Attorney, Timothy Williams City Clerk, Kathryn O'Halloran Growth Management Director, Tracy Hass Deputy City Clerk, Sally Maio DRAFT DRAFT City Council Workshop October 21, 1998 Page Two 3. WQm $l-lO ' ITEMS 98.191 A. R~view Proposed Concurrency Management Ordinance (O-98-18) The City Manager said a report on the Comprehensive Land Use Plan amendments had been distributed and requested a workshop on November 12, 1998, which will be followed by a final public hearing on November 18, 1998. Following a lengthy review of the proposed ordinance, the following changes were made: page 4, line four. change "a" to "the" on page 8 paragraph 5 - define "dc minimus" TAPE I - SIDE 1I (9:30 p. m.) page 9 paragraph A last sentence - add "applicable" before "staff" page 9 - separate paragraph A into two paragraphs page 11 - add language to protect Section 8 on page 11 from being changed since it is language in the comprehensive plan page 12 - Roadway facility table - City Manager to check on Barber Street and whether it should nm to US 1 page 13 paragraph 2 - define "internal capture rates" on page 13; pages 14 and 15 - change "multiply" to "multiplying" page 16 flow chart - change "commission" to "council" First reading of the ordinance will be October 28, 1998. City Council concurred with the November 12, 1998 workshop at 7 p.m. 4. Being no further business, Mayor Sullivan adjourned the Workshop at 10:00 p.m. Approved at the · 1998, Regular City Council Meeting. Ruth Sullivan Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 2 City of Sebastian 12.2~ MAIN STR~=-'T a S~A~'T~AN, FL(~RIDA TELF~=HQNE (561) ~89-5330 ~ FAX (~61) MINUTES SEBAS~ C~ CO~C~ SPECIAL MEETING WEDNESDAY, OCTOBER 21, 1998 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREETs SEBASTIAN, FLORIDA Mayor Sullivan called the Special Meeting to order at 7:00 p.m. Thc Pl~g¢ of Allegiance was recited. ROLL CALI~ City {2ouncil Present: Mayor Ruth Sullivan Vic~ Mayor Martha Wininger Mrs. Louise Caxtwright Mr. Chuck Ncubcrger StaffPrcsent: City Managcx, Thomas Frame City Attorney, City Clerk, Katlu~ 0'Halloran Deputy City Clerk, Sally Maio Special City Council Meeting October 21, 1998 Page Two sPI~AL ~M~E. TING ITEM~ A. Submittal by Ma.vor Sullivan Re: P~ttgrncy Costs 2 98. l lS B. Proposed t~mployment_Agreement ~th Attomqy RiO Stringer 5. Being no further business, Mayor Sullivan adjourned the meeting at City of Sebastian 1225 MAIN ~'I:I1:_--'i' a $;'~,Ab-'TIAN, ~=HONE (~I) ~8~-5~0 O FAX SEBAS~N ~ COUNC~ WORKSHOP WEDNESDAY, OCTOBER 21, 1998 FOLLOWING SPECIAL MEETING CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Workshop to order at ROLL CALk Ciw COulacil Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwfight Mr. Chtmk Ncuberger Mr. Lmy Paul 5t~ff,.Present: City Manager, Thomas Frame City Attorney, City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio City Council Workshop October 21, 1998 Page Two 98.191 SPECIAL M F,, F.,.T LN_G..I T ]g M S A. Review Proposed Concurr~0cy ManagemeI~t OrcJjp~ (Q-98-18) 2