HomeMy WebLinkAbout01271993 City of Sebastian
POST OFFICE BOX 780127 1:3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JANUARY 27, 1993 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE iNSPECTED iN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Henk Toussaint - St. Sebastian Catholic
Church
4. ROLL CALL
AGENDA MODIFIC~TIONS ~ITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89-59).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEARING. FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note'. Anyone wishing to speak is asked to gb
to the podium and state his/her name and address for
the record prior to addressing the Council.
93.021/
92.151
PGS 1-9
93.022/
92.151
ORDINANCE NO. 0-93-02 - Charter Revisions -
3/9/93 General Ele=tion Ballot
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; PROVIDING FOR REVISIONS
TO SECTIONS 2.05, 2.08, 2.12, 3.01, 3.03, 3.08 AND 5.O1
OF THE CITY CHARTER TO PROVIDE FOR THE CORRECTION
AND/OR CLARIFICATION OF EXISTING PROVISIONS; AMENDING
SECTION 2.05 OF THE CITY CHARTER PERTAINING TO
COMPENSATION AND EXPENSES OF THE MAYOR, VICE-MAYOR AND
OTHER CITY COUNCIL MEMBERS; AMENDING SECTION 2.08 OF
THE CITY CHARTER PERTAINING TO THE FILLING OF VACANCIES
OF THE OFFICE OF COUNCIL MEMBERS; AMENDING SECTION 2.12
OF THE CITY CHARTER PERTAINING TO THE PROCEDURE FOR
VOTING BY THE CITY COUNCIL; AMENDING SECTION 3.O1 OF
THE CITY CHARTER PERTAINING TO THE CREATION OF CITY
DEPARTMENTS, OFFICES AND AGENCIES; AMENDING SECTION
3.03 OF THE CITY CHARTER PERTAINING TO THE REMOVAL OF
CHARTER OFFICERS; AMENDING SECTION 3.08 OF THE CITY
CHARTER PERTAINING TO THE POWER OF POLICE OFFICERS TO
BEAR ARMS AND MAKE ARRESTS; AMENDING SECTION 5.01 OF
THE CITY CHARTER PERTAINING TO THE SEVERABILITY OF
PROVISIONS OF THE CITY CHARTER, PROVIDING FOR THE
MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED;
PROVIDING THE TIME AND PLACES FOR HOLDING SUCH
ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE;
PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/13/93,
Advertised Legal Notices Sebastian Sun 1/15/93, PH and
Adoption 1/27/93)
Be
ORDINANCE NO. O-93-03 - Charter Revisions -
$/9/93 General Election Ballot
PGS 11-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR THE
ELECTION OF MAYOR BY THE CITY COUNCIL FROM AMONG ITS
MEMBERS; AMENDING SECTION 2.O1 OF THE CITY CHARTER TO
PROVIDE FOR A CITY COUNCIL CONSISTING OF FIVE COUNCIL
MEMBERS; AMENDING SECTION 2.02 OF THE CITY CHARTER TO
PROVIDE FOR THE CRITERIA OF ELIGIBILITY OF CITY COUNCIL
MEMBERS; AMENDING SECTION 2.03 PERTAINING TO THE
PROCEDURE FOR ELECTING CITY COUNCIL MEMBERS; AMENDING
SECTION 2.04 TO PROVIDE FOR THE TERM OF THE MAYOR;
AMENDING SECTION 2.06 OF THE CITY CHARTER PROVIDING FOR
93.023/
92.151
PGS 2~-29
THE PROCEDURE FOR ELECTING THE MAYOR AND VICE-MAYOR;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL
BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING
SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR
SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE;
PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/13/93,
Advertised Legal Notices Sebastian Sun 1/15/93, PH and
Adoption 1/27/93)
ORDINANCE NO. 0-93T04 - Charter Revisions -
3/9/93 General Election Ballot
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
ARTICLE IV OF THE CITY CHARTER; AMENDING SECTION 4.02
OF THE CITY CHARTER PERTAINING TO FILING OF CANDIDATE'S
OATH AND LOYALTY OATH; PROVIDING FOR THE REPEAL OF
SECTION 4.03 OF THE CITY CHARTER PERTAINING TO SPECIAL
MUNICIPAL ELECTIONS TO ELECT ELECTIVE OFFICERS;
PROVIDING FOR THE REPEAL OF SECTION 4.06 OF THE CITY
CHARTER PERTAINING TO ELECTION PRECINCTS AND POLLING
PLACES; AMENDING SECTION 4.07 OF THE CITY CHARTER
PERTAINING TO THE ADOPTION OF NECESSARY ARRANGEMENTS
FOR HOLDING ALL CITY ELECTIONS; PROVIDING THAT THE CITY
COUNCIL SHALL MAKE ALL NECESSARY ARRANGEMENTS FOR CITY
ELECTIONS IN CONJUNCTION WITH THE CITY CLERK THROUGH
RESOLUTIONS; AMENDING SECTION 4.08 OF THE CITY CHARTER
PERTAINING TO THE CANVASSING OF ELECTION RETURNS;
AUTHORIZING THE CITY CLERK TO APPOINT A CITY ELECTION
CANVASSING BOARD; PROVIDING PROCEDURES FOR CONVENING
THE CITY CANVASSING BOARD AND RECORDING RESULTS OF THE
BOARD; PROVIDING FOR A SPECIAL MEETING OF THE CITY
COUNCIL FOR PURPOSES OF RECEIVING RESULTS OF THE CITY
CANVASSING BOARD, DECLARING ELECTION RESULTS AND
ADMINISTERING OATHS OF OFFICE TO NEWLY ELECTED CITY
OFFICIALS; AMENDING SECTION 4.09 OF THE CITY CHARTER
PERTAINING TO BALLOTS; AMENDING SECTION 4.12 OF THE
CITY CHARTER PERTAINING TO ELECTION PROCEDURES IN THE
EVENT OF A TIE VOTE; PROVIDING THAT BALLOTS SHALL
CONFORM TO THE FORM OF BALLOTS PRESCRIBED BY THE
GENERAL ELECTION LAW OF THE STATE OF FLORIDA; PROVIDING
FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE
CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING
SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR
SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE;
PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/13/93,
Advertised Legal Notices Sebastian Sun 1/15/93, PH and
Adoption 1/27/93)
93.029/
91.221
PGS 31-35
93.030
PGS 37-39
93.031/
92.260
93.032
PGS 69-70
ITEHS DEFERRED FRO~ ~ REGULAR HEETINj
I~YOR ~ ~ITY COUNCIL N~TTERS
1. Mice MayoF Oberbeck
a. Macho Products (Previously Distributed by
Vice Mayor Oberbeck)
2. ~ Carolyn Corum
3. Dr. ~ R. ~
4. Mr. Georqe G. Reid
5. Mayor ~ Powell
~ITY ATTORNEY !~TTERS
CItY NANAGER N~TTERS
1. Report on Utilities Director Appointment (City
Manager Recommendation dated 1/7/93)
CONNITTE~ REPORTS/RECOMNENDATIONS
1. PLANNING AND ZONING COMMISSION
a. Recommendation - Administration of Oath
(Staff Recommendation dated 1/7/93, P & Z
Memo dated 12/8/92, Proposed Resolution)
NEW BUSINESS
1. ~ESOLUTION NO__~. R-93-01 - AdoDt ~gr.eement -
TRICO Insurance (Staff Recommendation dated
1/6/93, R-93-01, Agreement, Assistant Finance
Director Memo dated 10/26/92, Florida
Municipal Risk Reporter dated 9/18/92, City
Attorney Memos dated 9/28/92 and 12/12/92)
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING MEMBERSHIP
IN THE TRI-COUNTY RISK MANAGEMENT PROGRAM AND
APPOINTING A REPRESENTATIVE AND ALTERNATE TO
THE BOARD OF DIRECTORS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
City Council Chambers' Video Monitors (Staff
Recommendation dated 1/7/93)
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PGS 71-81
93.O33
PGS 83-84
93.033
PGS 85-88
93.033
PGS
93.034/
92.235
PGS 91-106
PUBLIC INPUT ON AGENDA ITEMS (For Items on the 1/27/93
Agenda)
10. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
A. Approval of Minutes - 1/13/93 Regular Meeting
Be
PROCLAMATION - Calling March 9, 1993 General
Election (City Clerk Recommendation dated 1/6/93,
Proclamation)
RESOLUTION NO. R-93r02 - Designating Polling
Places, Offices to be Filled and Questions to be
Decided at the March 9, 1993 General Election (City
Clerk Recommendation dated 1/6/93, R-93-02)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA DESIGNATING THE OFFICIAL
POLLING PLACES FOR A GENERAL ELECTION TO BE HELD ON
MARCH 9, 1993, FOR THE PURPOSE OF ELECTING THREE
(3) CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS
AND PLACING CERTAIN REFERENDUM QUESTIONS ON THE
BALLOT; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
Approval for Supervisor of Elections for Indian
River County to Conduct 3/9/93 General Election and
Prepare Ballot, Authorize Payment to SOE in the
Amount of $4,000.00, and Appoint Council
Representative to Canvassing Board (City Clerk
Recommendation dated 1/6/93)
Morchesky Sandmining Special Use Permit - Request
Additional Twelve Month Time Extension to Expire
1/22/94 (Staff Recommendation dated 1/18/93,
Fischer Letter dated 1/4/93, Application,
Continuation Certificate, Mosby Letter dated
1/8/93, R-91-01, 8/12/92 Minutes)
5
93.035/ F.
92.101
PGS 107-116
93.018
PGS 117-120
93.036
PGS 121-123
93.037 I.
PG 125
93.038 J.
PGS 127-128
93.039 K.
PGS 129-131
93.040 L.
PGS 133-134
93.041 M.
P~S 135-136
Contamination Assessment Report - Approve
Additional Services for Work Order Authorization
Prepared December 10, 1992 - Authorize Staff to
Issue Notice to Proceed to Envirx - Estimated
Cost $5,135.00 (Staff Recommendation dated
1/19/93, City Engineer Memo dated 1/15/93, DER
Letter dated 12/3/92, City Engineer Letters dated
12/29/92 & 12/30/92, Envirx Work Order dated
12/10/92)
RESOLUTION NO. ~ - Zoning Technician Job
Description (Staff Recommendation dated 1/18/93,
R-93-04, Job Description)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF ZONING TECHNICIAN; PROVIDING FOR THE
INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF
SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
Walter Golembeski/Long Island Tree Service -
Request Removal of Specimen Tree - One Pine Tree -
Lots 9 & 10, Block 47, Unit 2, Sebastian Highlands
(Staff Recommendation dated 1/7/93, Application)
Waiver of Bidding Procedures - Sole Source - Seed
and Mulch Outfall Ditch - Neil Farms - $3,083.00
(Staff Recommendation dated 1/21/93)
Bid Award - Mowing Contract - Palmetto Tractor
and Henry Fischer and Sons (Staff Recommendation
dated 1/19/93, Bid Tabulation Form)
Bid Award - Sod - Supply and Install - B & T Sod
(Staff Recommendation dated 1/12/93, Bid
Tabulation Form)
Bid Award - Sign Machine - Greco Manufacturing -
$7,050.00 (Staff Recommendation dated 1/12/93,
Bid Tabulation Form)
Sebastian Panther Youth Sports Association -
Request Use of Schumann Park - Garage and Bake
Sale Fundraiser (Staff Recommendation dated
1/20/93, Frost Letter dated 1/20/93)
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93.042
PGS 137-138
93.043
PGS 139-140
11.
93.044/
92.134
93.045/
91.340
PGS 141-149
12.
93.046
PGS 151-152
13.
14.
93.047
PGS 153~156
St. Sebastian Catholic Church - Request Waiver of
City Permit Fees for Carnival - 2/11/93 through
2/14/93 (Staff Recommendation dated 1/21/93,
Dernbach Letter dated 1/14/93)
Sebastian First Church of the Nazarene - Request
Use of Riverview Park - Picnic and Concert -
3/28/93 Until 5 p.m. (Staff Recommendation dated
1/21/93, Eby Letter dated 1/21/93)
PRESENTATIONS
Visions Report - Peter Jones (Report Previously
Distributed)
Indian River County - Request Letter of Non-
Objection - Land Purchase - Preservation 2000
Grant (Staff Recommendation dated 1/21/93,
DeBlois Letter dated 12/14/92, Application)
COM){ITTEE REPORTS/RECOMMENDATIONS
A. PLANNING AND ZONING COMMISSION
Recommendations - Amendment to Home
Occupational License and Commission Membership
Requirements (Staff Recommendation dated
1/18/93, P & Z Memo dated 11/20/92)
OLD BUSINESS
None.
NEW ~USINESS
RESOLUTION NO. R-93-06 - Macho Products
(R-93-06)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DECLARING ITS NON OBJECTION TO THE
RELOCATION OF MACHO PRODUCTS, INC. TO NORTH INDIAN
RIVER COUNTY; REQUESTING THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY TO ESTABLISH A
MONITORING AND ENFORCEMENT PROGRAM; AUTHORIZING AND
DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY
OF THIS RESOLUTION TO INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
93.048/
92.222
PGS ~57-230
Bm
Q~D~NANCE NO. O-93-01 - Land Development Code
Amendments (Staff Recommendation dated 12/18/93,
P & Z Memo dated 1/12/93, O-93-01
First Reading, Set Public Hearings for 2/10/93 and
2/24/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE;
AMENDING THE DEFINITION OF PARKING GARAGES; AMENDING
THE DEFINITION OF RESTAURANTS; AMENDING THE DEFINITION
OF WAREHOUSING, STORAGE AND DISTRIBUTION ACTIVITIES;
PROHIBITING USES AND STRUCTURES THAT ARE NOT OTHERWISE
SPECiFiCALLY PERMITTED; AMENDING PROVISIONS PERTAINING
TO THE MINIMUM LIVING AREA IN DWELLING UNITS IN ALL
RESIDENTIAL ZONING DISTRICTS, INCLUDING THE R-MH AND
COR ZONING DISTRICTS; AMENDING PROVISIONS PERTAINING TO
MINIMUM BUILDING SETBACKS FROM PROPERTY LINES IN ALL
ZONING DISTRICTS; PROVIDING FOR GUEST HOUSES AS A
CONDITIONAL USE IN THE RS-20 (SINGLE-FAMILY RESIDENTIAL
DISTRICT) ZONING DISTRICT; PROVIDING FOR HOME
OCCUPATIONS AS A CONDITIONAL USE IN THE RM-8 (MEDIUM
DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT), THE RM-
12 (HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT),
AND THE R-M/{ (MOBILE HOME DISTRICT) ZONING DISTRICTS;
PROVIDING FOR RETAIL GASOLINE SALES AS A PERMITTED USE
IN THE CG (GENERAL COMMERCIAL DISTRICT) ZONING
DISTRICT; PROVIDING FOR MEDICAL SERVICES AS A PERMITTED
USE IN THE COR (COMMERCIAL OFFICE RESIDENTIAL
DISTRICT), THE CL (LIMITED COMMERCIAL DISTRICT), THE CG
(GENERAL COMMERCIAL DISTRICT), AND THE GMC (GENERAL
MARINE COMMERCIAL DISTRICT), ZONING DISTRICTS;
PROVIDING FOR WIDTH REQUIREMENTS FOR RESIDENTIAL
DRIVEWAYS; PROVIDING A DEFINITION OF A GUEST HOUSE;
PROVIDING THAT A GUEST HOUSE SHALL BE A CONDITIONAL USE
IN THE RE-40 (RESIDENTIAL ESTATE DISTRICT) ZONING
DISTRICT; PROVIDING SPECIAL CRiTERiA REGULATING GUEST
HOUSES AS A CONDITIONAL USE; AMENDING THE CONSTRUCTION
STANDARDS OF ALL RESIDENTIAL MANUFACTURED BUILDINGS,
MOBILE HOMES, TRAVEL TRAILERS AND SIMILAR PORTABLE
LIVING QUARTERS IN AN R-MH MOBILE HOME DISTRICT AND IN
A PUD(MH) MOBILE HOME PLANNED UNIT DEVELOPMENT;
AMENDING THE REQUIREMENTS FOR A COMMUNITY BUILDING AND
A STORM SHELTER IN A PUD(MM) MOBILE HOME PLANNED UNIT
DEVELOPMENT; AMENDING THE REQUIREMENTS FOR A COMMUNITY
BUILDING AND A STORM SHELTER FOR MOBILE HOME
SUBDIVISIONS; INCREASING THE MAXIMUM BUILDING COVERAGE
REQUIRED IN AN R-MM MOBILE HOME DISTRICT AND A PUD(MH)
PLANNED UNIT DEVELOPMENT; AMENDING SECTION 20A-5.1 OF
THE LAND DEVELOPMENT CODE PERTAINING TO HEIGHT
EXCEPTIONS; AMENDING SECTION 20A-5.2 OF THE LAND
DEVELOPMENT CODE PERTAINING TO PROJECTIONS AND
OBSTRUCTIONS INTO A REQUIRED YARD; REPEALING PROVISIONS
PERTAINING TO ENCROACHMENTS BY FIRE ESCAPES, OUTSIDE
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STAIRWAYS AND BALCONIES WHICH PROJECT INTO A REQUIRED
YARD; AMENDING SECTION 20A-5.5 OF THE LAND DEVELOPMENT
CODE PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES
IN A REQUIRED REAR YARD; AMENDING PROVISIONS PERTAINING
TO THE LOCATION OF ACCESSORY BUILDINGS; AMENDING
PROVISIONS PERTAINING TO FENCES ON RESIDENTIAL CORNER
LOTS; AMENDING PROVISIONS PERTAINING TO UTILIZATION OF
REAL PROPERTY LOCATED IN A COMMERCIAL OR INDUSTRIAL
ZONED DISTRICT FOR RESIDENTIAL PURPOSES; AMENDING
PROVISIONS PERTAINING TO HEIGHT RESTRICTIONS OF FENCES
AND WALLS; AMENDING PROVISIONS PERTAINING TO REQUIRED
SCREENS FOR GARBAGE, REFUSE DUMPSTERS; AMENDING
PROVISIONS PERTAINING TO REGULATION OF OBSTRUCTIONS TO
VISIBILITY ON A CORNER LOT; AMENDING PROVISIONS
PERTAINING TO THE VIOLATION OF SPECIAL CRITERIA FOR
MODEL HOMES AS A CONDITIONAL USE; AMENDING PROVISIONS
PERTAINING TO THE REQUIRED PARKING SPACES FOR MARINAS;
PROHIBITING POROUS SURFACES FOR HANDICAPPED PARKING
SPACES; PROVIDING FOR REQUIRED WIDTH FOR ENTRY AND EXIT
WAYS AND DRIVES; PROVIDING THAT A PRELIMINARY SITE PLAN
APPLICANT DOES NOT OBTAIN VESTED RIGHTS UPON TENTATIVE
APPROVAL BY THE PLANNING AND ZONING COMMISSION;
AMENDING PROVISIONS PERTAINING TO THE LOCATION OF
PRIVATE WELLS ON REAL PROPERTY LOCATED WITHIN THE CITY
LIMITS; AMENDING PROVISIONS PERTAINING TO THE LOCATION
OF A CHILD CARE FACILITY IN RELATION TO THE TYPE OF
STREET ADJACENT TO SAID FACILITY; AMENDING PROVISIONS
PERTAINING TO OFF-STREET LOADING FACILITIES; AMENDING
PROVISIONS PERTAINING TO GENERAL SITE PLAN REVIEW
PROCEDURES; AMENDING SECTION 20A-3.8.C OF THE LAND
DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A
CONDITIONAL USE; AMENDING SECTION 20A-3.9.C OF THE LAND
DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A
CONDITIONAL USE; AMENDING SECTION 20A-3.16.C OF THE
LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A
CONDITIONAL USE; AMENDING SECTION 20A-3.10.C OF THE
LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A
CONDITIONAL USE; AMENDING PROVISIONS PERTAINING TO THE
ELECTION OF OFFICERS AND THE SELECTION OF A SECRETARY
FOR THE PLANNING AND ZONING COMMISSION; AMENDING
PROVISIONS PERTAINING TO PROCEDURES FOR THE PLANNING
AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING
TO SUBMISSION AND TRANSMITTAL OF PROPOSED AMENDMENTS TO
THE COMPREHENSIVE LAND USE PLAN; AMENDING THE EXISTING
DEFINITION OF A COMMERCIAL AMUSEMENT, UNENCLOSED;
PROHIBITING THE UTILIZATION OF USABLE OUTDOOR
RECREATION AREAS FOR CHILD CARE FACILITIES WITHIN ANY
DEDICATED EASEMENT; AMENDING SECTION 20A-6.1.C.14.b TO
ADD ADDITIONAL RESTRICTIONS PERTAINING TO HOME
OCCUPATIONS AS A CONDITIONAL USE; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE
IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN,
FLORIDA; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
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93.010
PGS 231-238
Riverfront Survey Proposal - Rod Reed - $8,230.00
(Staff Recommendation dated 1/19/93, City
Engineer Memo dated 1/19/93, Proposal)
93.049/ D.
92.081
PGS 239-246
93.050 E.
PGS 247-251
U.S. i Median Landscape Architect - Brad Smith
Associates, Inc. - $6,650.00 (Staff
Recommendation dated 1/20/93, Agreement for
Professional Services)
Riverview Park North - conceptual Plan - Approve
Agreement for Professional Services - Brad Smith
Associates, inc. - $1,950.00 (Staff Recommendation
dated 1/21/93, Agreement and Proposal)
15.
INTRODUCTION O__F BUSINESS By THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
16. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
iNCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
HEARD. (286.0105 F.S.)
10
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ORDIN~CE NO. 0-93-02
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; PROVIDING FOR REVISIONS TO
SECTIONS 2.05, 2.08, 2.12, 3.01, 3.03, 3.08 AND 5.01 OF
THE CITY CHARTER TO PROVIDE FOR THE CORRECTION AND/OR
CLARIFICATION OF EXISTING PROVISIONS; AMENDING SECTION
2.05 OF THE CITY CHARTER PERTAINING TO COMPENSATION AND
EXPENSES OF THE MAYOR, VICE-MAYORANDOTHER CiTY COUNCIL
MEMBERS; AMENDING SECTION 2.08 OF THE CITY CHARTER
PERTAINING TO THE FILLING OF VACANCIES OF THE OFFICE OF
COUNCIL MEMBERS; AMENDING SECTION 2.12 OF THE CITY
CHARTER PERTAINING TO THE PROCEDURE FOR VOTING BY THE
CITY COUNCIL~ AMENDING SECTION 3.01 OF THE CITY CHARTER
PERTAINING TO THE CREATION OF CITY DEP~RTMENTS, OFFICES
AND AGENCIES; AMENDING SECTION 3.03 OF THE CITY CHARTER
PERTAINING TO THE REMOVAL OF CHARTER OFFICERS; AMENDING
SECTION 3.08 OF THE CITY CHARTER PERTAINING TO THE POWER
OF POLICE OFFICERS TO BEAR ARMS AND MAKE ARRESTS~
AMENDING SECTION 5.01 OF THE CITY CHARTER PERTAINING TO
THE SEVERABILITY OF PROVISIONS OF THE CITY CHARTER,
PROVIDING FOR THE MANNER IN WHiCH SUCH ELECTION SHALL BE
CONDUCTED; PROVIDING THE TiME ANDPLACES FOR HOLDING SUCH
ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDIN;~NCE;
PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of Florida Statutes provides that the
governing body of a municipality may submit to the electors of that
municipa/ity a proposed amendment to all or part of its charter;
and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, has determined that certain revisions should be made
to the City Charter in order to correct mistakes in certain
existing provisions and to provide clarity with respect to other
provisions of the current City Charter; and
WHEREAS, the City Council desires to submit the amendments to
the City Charter for ratification by the electors of the City of
Sebastian, Indian River County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the existing Section 2.05 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting said Section in its entirety and adding the following
provision in lieu thereof:
"Sec. Z.0$. Compensation. The salary of the mayor,
vice-mayor and each of the other council members shall
be paid the following amounts on a monthly basis:
(a) Mayor: Four Hundred Dollars ($400.00);
(b) Vice-mayor: Two Hundred Fifty Dollars ($250.00);
and
(c) Council members: One Hundred Fifty Dollars
($150.00)."
Section 2. That the existing Section 2.08 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting-existing Subsection (c) of said Section in its entirety
and adding the following provision in lieu thereof:
"(o) Filling vacancies. In the event of a vacancy
in the office of a council member, the City Council shall
appoint a person having the qualifications of council
member to occupy such office until the earlier of (1) the
seating of a successor elected by the electorate of the
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City at the next general municipal election for the City
where the qualifying period for seeking election for
council members has not expired, or (2) for the remainder
of the unexpired term of the council office in which the
vacancy exists."
Section 3. That the existing Section 2.12 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting existing Subsection (c) of said Section in its entirety
and adding the following provision in lieu thereof:
"(c) Voting. Voting may be by voice vote, except
that a roll call vote shall be required on appropriation
of funds, for the approval of an ordinance or upon any
motion upon the call of any council member. The ayes and
nays on each roll call vote shall be recorded in the
minutes of the meeting. Three (3) members of the City
Council shall constitute a quorum, but a smaller number
may adjourn from time to time and may compel the
attendance of absent council members in the manner and
subject to the penalties prescribed by the rules of the
City Council then in force. No action of the City
Council, except as otherwise provided in this charter,
shall be valid or binding unless adopted by the
affirmative vote of three (3) or more council members."
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Section ~. That the existing Section 3.01 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting existing Subsection (a) of said Section in its entirety
and adding the following provision in lieu thereof:
"(a) The City Council may establish City
departments, offices or agencies in addition to those
expressly created in the City Charter and may prescribe
the functions of all departments, offices and agencies.
Notwithstanding the foregoing sentence, no function
specifically assigned in the City Charter to a particular
department, office or agency may be discontinued or
reassigned to a different department, office or agency
by the City Council, except to the extent allowable under
the provisions of the City Charter."
Section 5. That the existing Section 3.03 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting said Section in its entirety and adding the following
provision in lieu thereof:
"Sec. 3.03. Removal of Charter offioers.
(a) Any Charter officer may be removed from office for
cause by a majority vote of the entire City Council.
(b) In the event that one or more council members
believes that cause exists for the removal of a Charter
officer, such council members shall present written charges
to the entire City Council at a regularly scheduled meeting
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for discussion. The city Council may, by a vote of at least
three (3) council members, charge the named Charter officer
with misconduct and immediately suspend such Charter officer
from office. Notice of the suspension and the specific
charges of misconduct shall be served upon the affected
Charter officer in person or by certified or registered mail,
return receipt requested, to the last known address of the
affected Charter officer. The suspended Charter officer shall
have the right to a hearing before the City Council upon
request. The suspended Charter officer shall be given a
reasonable period of time in order to prepare for such
hearing. At the conclusion of the hearing, the suspended
Charter officer shall be removed from office if the City
Council finds, by a vote of at least three (3) council members
that cause exists to support such removal. In the event that
at least three (3) council members do not find that cause
exists for removal, the suspended Charter officer shall be
i~mediately reinstated to his or her Charter office."
Section 6. That the existing Section 3.08 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting said Section in its entirety and adding the following
provision in lieu thereof:
"Sec. 3.08. Same - Officers.
The chief of police and all sworn police officers shall
have the power to bear arms and make arrests as provided by
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Florida law and/or as may be provided by Ordinance adopted by
the City Council."
Section 7. That the existing Section 5.01 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting said Section in its entirety and adding the. following
provision in lieu thereof:
"Sec. 5.01. Severa~ility of provisions.
If for any reason any section, paragraph or part of this
Charter shall be held invalid or unconstitutional, that fact
shall not affect, invalidate or destroy any other section,
paragraph or part of this Charter, and the remaining portions
thereof shall remain in full force and effect without regard
to the section, paragraph or portion invalidated."
Sec~.~0n..8. An election is hereby called and scheduled to
be held on March 9, 1993, to determine whether the revisions to the
City Charter of the City of Sebastian, Florida shall be approved
by a majority of the votes cast in such election, in which the
qualified electors residing in the City of Sebastian shall
participate.
Section 9. The places of voting in such election shall be the
usual places of voting in the City of Sebastian, Florida, in the
regular election as determined under the applicable provisions of
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Florida law, which are currently as follows:
PRECINCT
POLLING PLACE
Precinct 12 ....................... The Sebastian Community Center
1805 North Central Avenue
Precinct 14 ....................... First Church of the Nazarene
50 South Wimbrow Drive
Precinct 15 ....................... The North Indian River County
Library
1001 Fellsmere Road (CR 512)
Precinct 16 ....................... Calvary Baptist Church
123 Thunderbird Drive
The polls shall open at such voting places on March 9, 1993,
from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing
within the City of Sebastian shall be entitled to participate and
vote in such election.
Section 10. The purpose of this election shall be to present
a referendum issue to the electors of the City of Sebastian of
whether or not to adopt revisions to the City Charter. The ballot
shall be substantially in the following form:
BALLOT
CITY OF SEBASTIAN, FLORIDA
Referen4um
Referendum No. 1: Amending City Charter to make corrections
and clarify existing provisions.
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Shall the City of Sebastian amend Sections 2.05, 2.08, 2.12,
3.01, 3.03, 3.08 and 5.01 of the City Charter to make corrections
in and to provide clarification of, existing provisions regarding
council salaries, filling council vacancies, manner of voting,
establishing departments, removal of charter officers, police
officers right to bear arms and severability?
Yes for Approval
No for Rejection
Section 11. Effective Date. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance 'was moved for adoption by Council
member
Council member
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council member Carolyn Corum
Council member Peter R. Holyk
Council member George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
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I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1993,
and that following said public hearing this Ordinance was passed
by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
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ORDINANCE NO. 0-93-03
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR THE
ELECTION OF MAYOR BY THE CITY COUNCIL FROM AMONG ITS
MEMBERS; AMENDING SECTION 2.01 OF THE CITY CHARTER TO
PROVIDE FOR A CITY COUNCIL CONSISTING OF FIVE COUNCIL
MEMBERS; AMENDING SECTION 2.02 OF THE CITY CHARTER TO
PROVIDE FOR THE CRITERIA OF ELIGIBILITY OF CITY COUNCIL
MEMBERS~ AMENDING SECTION 2.03 PERTAINING TO THE
PROCEDURE FOR ELECTING CITY COUNCIL MEMBERS; AMENDING
SECTION 2.04 TO PROVIDE FOR THE TERM OF THE MAYOR;
AMENDING SECTION 2°06 OF THE CITY CHARTER PROVIDING FOR
THE PROCEDURE FOR ELECTING THE MAYOR AND VICE-MAYOR;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE
CONDUCTED; PROVIDING THE TIME ANDPLACES FOR HOLDING SUCH
ELECTION~ ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE;
PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of Florida Statutes provides that the
governing body of a municipality may submit to the electors of that
municipality a proposed amendment to all or part of its charter;
and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, has determined that certain revisions should be made
to the City Charter in order to provide for the Mayor to be elected
by the City Council from among its members; and
WHEREAS, the City Council desires to submit the amendments to
the City Charter for ratification by the electors of the City of
Sebastian, Indian River County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the existing Section 2.01 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting said Section in its entirety and adding the following
provision in lieu thereof:
"Sec. 2.01. Composition. There shall be a. City
Council consisting of five (5) council members elected
by the qualified voters of the City at large."
Section ~. That the existing Section 2.02 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting said Section in its entirety and adding the following
provision in lieu thereof:
"Sec. 2.02. ~llgibillty. No person shall be
eligible to hold the office of council member unless he
or she is a qualified elector in the City and actually
continually resided in the City for a period of one (1)
year immediately preceding the final date for
qualification as a candidate for said office."
Section 3. That the existing Section 2.03 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting said Section in its entirety and adding the following
provision in lieu thereof:
"Sec. 2.03. ~lectlon.
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(a) The office of Mayor, whose term expires in
March, 1994; shall be filled upon such expiration as
provided in Section 2.06 of this Charter. Thereafter,
there shall be held a general election of two (2) council
members on the second Tuesday in March of each even-
numbered year and of three (3) council members in each
odd-numbered year.
(b) The city elections shall have at large voting;
provided that the city Council shall have the authority
to submit by ordinance to the voters a referendum for the
election of City Council by districts to be designated
by the City Council."
Section 4. That the existing Section 2.04 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting said Section in its entirety and adding the following
provision in lieu thereof:
"Sec. 2.04. Terms.
(a) The terms of the council members shall be for
two (2) years, or until a successor has been duly elected
or appointed and sworn.
(b) The term of each newly elected council member
shall begin on the Monday following the election, at a
special meeting of the City Council to be held for the
purpose of swearing in such newly elected officials. If
a regular City Council meeting is to be held the Monday
following the election, the newly elected officials shall
be sworn in at the conclusion of such regular meeting."
Section 5. That the existing Section 2.06 of the city
Charter of the City of Sebastian, Florida, is hereby amended by
deleting said Section in its entirety and adding the. following
provision in lieu thereof:
"Sec. 2.06. Mayor; Vlae-mayor.
(a) Mayor - Seleation and term. Commencing March
1994, after the seating of any newly elected council
members, at the first scheduled City Council meeting
subsequent to the second Tuesday in March, the new City
Council shall, as the first order of business, elect a
Mayor from among its members. The incumbent Mayor or in
his or her absence, the vice-mayor or in his or her
absence, the senior member of City Council, shall ask for
nominations for Mayor. After all nominations have been
made, the nominations shall be closed. The City Clerk
shall then call the roll of the council members and each
council member shall cast an affirmative vote for the
council member of their choice. The council member that
receives a majority vote shall be elected Mayor. In the
event no council member receives a majority of the votes
cast on the first ballot, balloting with sequential roll
calls shall continue until a council member receives a
majority vote. Council members shall not nominate
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themselves, only elected council members shall
eligible for the office of Mayor.
(1) If there is no Mayor seated on the
new or existing City Council, a temporary City
Council chairperson may be elected from the
incumbent members of the City Council for the
of electing a Mayor as set forth
purpose
above.
(2)
In the event there is only one
nomination and second for Mayor, the nominee
shall be seated as Mayor.
be
(b) Mayor - Duties, General. The Mayor shall
preside at each meeting of the City Council, shall have
a vote upon matters before the City Council, but shall
not possess a veto power. The Mayor shall have the power
to preserve peace and order, be recognized as the head
of the City government for all ceremonial purposes, and
shall be recognized by the Governor as the head of the
City government for purposes of military law. The Mayor
shall sign all contracts, bonds, debentures, franchises
and official documents on behalf of the City as directed
and authorized by the City Council, which shall also be
attested by the City Clerk.
(c) Vice-mayor - Selection and term. At the first
regularly scheduled City Council meeting subsequent to
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the second Tuesday in March, the City Council shall elect
a vice-mayor from among its members. The term of the
vice-mayor shall be for one year or until his or her
successor is elected. The vice-mayor shall be elected
using the same procedure as for the election of Mayor.
(d) Vice-mayor - Duties, General. In the absence
or disability of the Mayor, the vice-mayor shall serve
as Mayor during such absence or disability. In the
absence or disability of both the Mayor and vice-mayor,
.the senior member of City Council shall serve as Mayor
during such absence or disability."
Section 6. An election is hereby called and scheduled to
be held on March 9, 1993, to determine whether the revisions to the
City Charter of the City of Sebastian, Florida shall be approved
by a majority of the votes cast in such election, in which the
qualified electors residing in the City of Sebastian shall
participate.
Section 7. The places of voting in such election shall be the
usual places of voting in the City of Sebastian, Florida, in the
regular election as determined under the applicable provisions of
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Florida law, which are currently as follows:
PRECINCT
PO,LLING,PLACE
Precinct 12 ....................... The Sebastian Community Center
1805 North Central Avenue
Precinct 14 ....................... First Church of the Nazarene
50 South Wimbrow Drive
Precinct 15 ....................... The North Indian River County
Library
1001 Fellsmere Road (CR 512)
Precinct 16 ....................... Calvary Baptist Church
123 Thunderbird Drive
The polls shall open at such voting places on March 9, 1993,
from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing
within the City of Sebastian shall be entitled to participate and
vote in such election.
Section 8. The purpose of this election shall be to present
a referendum issue to the electors of the City of Sebastian of
whether or not to adopt revisions to the City Charter. The ballot
shall be substantially in the following form:
- BALLOT
CITY OF SEBASTIAN, FLORIDA
Referendum
Referendum No. 2: Amending the City Charter regarding terms
and the election of Mayor and vice-mayor.
Shall the City of Sebastian amend the City Charter to
eliminate separate elections for Mayor and provide for the election
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of Mayor from among the City Council members commencing in March,
1994, to provide for annual terms for the Mayor and vice-mayor,
and to conform remaining provisions with these amendments?
Yes for Approval
No for Rejection
Section 9. Effective Date. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Council
member
Council member
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council member Carolyn Corum
Council member Peter R. Holyk
Council member George G. Reid
adopted this
The Mayor thereupon declared this Ordinance duly passed and
day of , 1993.
CITY OF SEBASTIAN, FLORIDA
By: ........
Lonnie R. Powell, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
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I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1993,
and that following said public hearing this Ordinance was passed
by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
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ORDINANCE NO. 0-93-04
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
ARTICLE IV OF THE CITY CHARTER; AMENDING SECTION 4.0Z OF
THE CITY CHARTER PERTAINING TO FILING OF CANDIDATE'S OATH
AND LOYALTY OATH; PROVIDING FOR THE REPEAL OF SECTION
4.03 OF THE CITY CHARTER PERTAINING TO SPECIAL MUNICIPAL
ELECTIONS TO ELECT ELECTIVE OFFICERS; PROVIDING FOR THE
REPEAL OF SECTION 4,06 OF THE CITY CHARTER PERTAINING TO
ELECTION PRECINCTS AND POLLING PLACES; AP. ENDING SECTION
4.07 OF THE CITY CHARTER PERTAINING TO THE ADOPTION OF
NECESSARY ARRANGEMENTS FOR HOLDING ALL CITY ELECTIONS;
PROVIDING THAT THE CITY COUNCIL SHALL MAKEALL NECESSARY
ARRANGEMENTS FOR CITY ELECTIONS IN CON~lqCTION WITH THE
CITY CLERK THROUGH RESOLUTIONS; AMENDING SECTION 4.05 OF
THE C~TY CHARTER PERTAINING TO THE CAlqVASS~NG OF ELECTION
RETURNS; AUTHORIZING THE CITY CLERK TO APPOINT A CITY
ELECTION CANVASSING BOARD; PROVIDING PROCEDURES FOR
CONVENING THE CITY CAIqVASSING BOARD ANDRECORDING RESULTS
OF THE BOARD; PROVIDING FOR A SPECIAL MEETiNG OF THE CITY
COUNCIL FOR PURPOSES OF RECEIVING RESULTS OF THE CITY
CANVASSING BOARD, DECLARING ELECTION RESULTS AND
ADMINISTERING OATHS OF OFFICE TO NEWLY ELECTED CITY
OFFICIALS; AMENDING SECTION 4.09 OF THE CITY CHARTER
PERTAINING TO BALLOTS; AMENDING SECTION 4.L2 OF THE CITY
CHARTER PERTAINING TO ELECTION PROCEDURES IN THE EVENT
OF A TIE VOTE; PROVIDING THAT BALLOTS SHALL CONFORM TO
THE FORM OF BALLOTS PRESCRIBED BY THE GENERAL ELECTION
LAW OF THE STATE OF FLORIDA; PROVIDING FOR THE MAiqNER iN
WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE
TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING
THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE
CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH
A C~PY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF
SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of Florida Statutes provides that
the governing body of a municipality may submit to the electors of
that municipality a proposed amendment to all or part of its
charter; and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, has determined that certain revisions should be made
to the City Charter in order to provide more efficient
and
comprehensive procedures with respect to municipal elections; and
WHEREA~, the City Council desires to submit the amendments to
the City Charter for ratification by the electors of the City of
Sebastian, Indian River County, Florida.
NOW, THEREFORE, BE IT OI~AINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section ~. That the existing Section 4.02 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting said Section in its entirety and adding the following
provision in lieu thereof:
"(a) Each candidate, in order to qualify for
election to the office of council member, shall take and
subscribe to an oath or affirmation in writing. A
printed copy of the oath or affirmation shall be
furnished to the candidate by the City Clerk and shall
comply with the provisions of Florida law.
(b) The oath set forth in subsection (a) shall be
filed with the City Clerk at least forty-five (45) days,
but no more than sixty (60) days, prior to the day of the
election, along with payment of a non-refundable filing
fee as set by the resolution of City Council, from time
to time."
Section 2- That the existing Section 4.03 of the City
Charter of the City of Sebastian, Florida, is hereby repealed.
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Sec~. That the existing Section 4.06 of the City
Charter of the City of Sebastian, Florida, is hereby repealed.
$.~.c~ign 4. That the existing Section 4.07 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting said Section in its entirety and adding the following
provision in lieu thereof:
"Soc. 4.07. Elections - How arranged; inspectors and
clerks.
The City Council, in conjunction with the City
Clerk, shall make all necessary arrangements for holding
all city elections and shall declare the results thereof.
The City Council shall adopt a resolution, upon the
calling of an election, stating therein where the
election shall be held, and naming the different offices
to be filled, or questions to be decided, and shall cause
the notice of the election to be published in accordance
with Florida law."
Section 5. That the existing Section 4.08 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting said Section in its entirety and adding the following
provision in lieu thereof:
"Sec. 4.08. Same - City Canvassing Board; canvass
of election returns.
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(a) If the city is not holding its election as a
part of the election for Indian River County, Florida,
the City Clerk shall appoint a City Canvassing Board to
be composed of three (3) individuals; one (1) member
shall be the City Clerk and the remaining two (2) members
shall be appointed by the City Clerk. The City 'Clerk
shall act as chairperson of the City Canvassing Board.
(b) When a City Canvassing Board has been
constituted, the City Canvassing Board shall meet at a
place and time designated by the chairperson, as soon as
practicable after the close of the polls of any municipal
election involving the City, at which time, the City
Canvassing Board shall proceed to publicly canvass the
absentee electors' ballots and then publicly canvass the
vote as shown by the returns then on file in the office
of the Supervisor of Elections for Indian River County,
Florida. The City Canvassing Board shall prepare and
sign a certificate containing the total number of votes
cast for each person or other measure voted on. The
certificate shall be placed on file with the City Clerk.
(c) The City Council shall hold a special meeting
on the first Monday following the election for the
purpose of receiving the certificate of the County
Canvassing Board of the returns for Indian River County,
Florida, or the City Canvassing Board, as the case may
be. The City Council shall then declare the results of
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the election and enter them in the minutes of the special
meeting. Any oath of office required to be administered
to the newly elected council members shall be
administered at such special city Council meeting or at
the next city Council meeting where the newly elected
council members are in attendance."
S_9~. That the existing Section 4.09 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting said Section in its entirety and adding the following
provision in lieu thereof:
"Bec. 4.09. ~a~e - Ballots.
The ballots shall conform to the form of ballots
prescribed by the general election laws of the State of
Florlda."
~. That the existing Section 4.12 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting said Section in its entirety and adding the following
provision in lieu thereof:
"Bec. 4.12. Election procedures; tie vote.
(a) In all general or special elections, the
candidates receiving the highest vote in each of the
offices of council member to be filled, shall be elected
for two-year terms, or the balance of the term.
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(b)
In the event that at any election there are
only two (2) candidates for the same office and they
should receive the same number of votes, the question
shall be decided by lot, conducted by the City Council
at the meeting of the City held for the purpose of
canvassing the returns of the election, and the results
thereof shall be certified in the minutes of such meeting
by the City Clerk."
~. An election is hereby called and scheduled to
be held on March 9, 1993, to determine whether the revisions to the
City Charter of the City of Sebastian, Florida shall be approved
by a majority of the votes cast in such election, in which the
qualified electors residing in the City of Sebastian shall
participate.
Section 9. The places of voting in such election shall be
the usual places of voting in the City of Sebastian, Florida, in
the regular election as determined under the applicable provisions
of Florida law, which are currently as follows:
PRECINCT POLLING PLACE
Precinct 12 ....................... The Sebastian Community Center
1805 North Central Avenue
Precinct 14 ....................... First Church of the Nazarene
50 South Wimbrow Drive
Precinct 15 ....................... The North Indian River County
Library
1001 Fellsmere Road (CR 512)
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Precinct 16 ....................... Calvary Baptist Church
123 Thunderbird Drive
The polls shall open at such voting places on March 9, 1993,
from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing
within the City of Sebastian shall be entitled to participate and
vote in such election.
$.eGtion 10. The purpose of this election shall be to present
a referendum issue to the electors of the City of Sebastian of
whether or not to adopt revisions to the City Charter. The ballot
shall be substantially in the following form:
CITY OF SEBASTIAN, FLORIDA
Referendum
Referendum No, 3: Amending Article IV of the City Charter
regarding municipal elections, ballots and canvassing board.
Shall the City of Sebastian amend the City Charter to update
the City Charter to remove current provisions that are governed by
the laws of the State of Florida or are inconsistent with other
provisions contained in the City Charter, and to establish
procedures for convening a City Canvassing Board and recording the
results of the Board?
Yes for Approval
No for Rejection
- 7 -
Section Il. Effective Date. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Council
member
Council member
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council member Carolyn Corum
Council member Peter R. Holyk
Council member George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~ day of , 1993.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
- 8 -
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I HEREBY CERTIFY that notioe of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1993,
and that following said public hearing this Ordinance was passed
by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
- 9 -
I City of Sebastian
POST OFFICE ROX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: Utility Director
Areas
Approved for Submittal By:
City Manager
Agenda No.
Dept. of Origin= city Manager (REM)
Date Submitted 01/07/93
For Agenda Of= 01/13/93
Exhibits: McClary Ltr. Dated 5/1/92
Re= Utilities Director Job Ad
EXPENDITURE
REQUIRED=
AMOUNT
BUDGETED
APPROPRIATION
REQUIRED=
SUMMARY STATEMENT,
On May 1, 1992 we began a recruitment for the position of Utilities
Director. By advertising in regional print media plus a mailing to
all Registered Professional Engineers in the three county area of
Brevard, Indian River, and St. Lucie Counties, we received forty-one
(41) applications. We were able to reduce the list to five finalists
for interview. However, two of the finalists declined interviews. A
special_ committee composed of Dan Eckis, Mike Hudkins, and me
interviewed the three finalists. Of the three finalists only one
individual stood out as possessing the necessary skills and
experience. Unfortunately, I was unable to negotiate successfully
with this applicant. He was agreeable to the salary range the City
offered but would accept the job only if the City were willing to
change the title to Deputy city Manager with a related scope of
authority over other department heads. Without an expanded scope of
authority his minimum salary requirements were $55,200 per year.
After many weeks of attempting to hire this individual, I finally
abandoned negotiations. In the meantime, I contacted the City's
special consultant Gerald C. Hartman, PE, who transmitted a copy of a
resume from the former Public works Director of the city of Naples.
In November, we interviewed this individual and subsequently made an
offer to him at the high end of the scale. In early December, he
declined our offer citing personal reasons. I have also discussed the
position with three other individuals including a licensed operator
who is not an engineer, a retired City Manager who is an engineer, and
an individual who has an engineering background and a strong utilities
background but who is not an engineer. The job requirements require
an engineer. ~.~
Utilities Director
January 7, 1993
Page
In May, the City will take over all retail operations for water and
sewer within the City. While this will amount to billing only fo~
those customers connected to the County system, we will be facin
responsibilities in operating the Park Place system per the assignment
of that contract from Indian River County. Additionally, we are~
continuing our negotiations with General Development Utilities for th
acquisition of the Sebastian GDU System. In short, it is important to
have a Utilities Director on staff at the earliest possible time.
Given our experience in attempting to hire an engineer as Utilit~
Director, I am asking City Council to review the job requirements andm
salary requirements. In essence, I am requesting that the
qualification requirements be reduced to eliminate therequirement of~
PE Registration within one year of appointment and that the sala
range be established at $40,000 to $42,000 without PE Registration and
$42,000 to $46,000 with PE Registration. ~
RECOM~ENDED A~TION
Review the qualifications and salary range for the position of~
Utilities Director.
of Sebastian
. May 1, 1992
Dear Engineer. '..~
The City of Sebastian, Florida is seeking a U~llities.Director.
Sebastian has approximately 10,000-12,007 residents. This is a
newly created position to establish a municipal water, wastewater
and sto~water utility.
I The starting is $42,000 to $44,000 plus benefits.
salary
Benefits include employer paid health insurance, vacation,
pension plan and sick leave. By city policy, we do not pay for
i interview or moving expenses.
Applicants must have. a Bachelor's .degree In' Civil or Sanitary
i Engineering, or related field and five (5) years experience. The
successful candidate must acqu%re Florida P.E. registration
within twelve (12) months of appointment.
I Please send resume with 5 work-related' references by May 18, 1992
to:
I KathrynM. O'Halloran,
city of Sebastian
P. O. Box 780127
City Clerk
Sebastian, FL 32978-0127
I The City -is an Equal Opportunity Employer.
hearing from you.
i Sincerely,
We
look
forward to
Robert S. McClaryo~
i city Manager
RSM/jmt
· '; . "Exhibit A"
Utilities Director I
r--'. Major Function:. . i
This is a responsible admini.qtrauve, technical, and supervisory position involvin the overall I
mana.gemenl[ and operations of thc eint's water ,.,,,t ~ ........... ,_: ...... g. ....
coordinate eonsulfin- ,,,,4 ...... .~'a_-__:_, , ~,,-,, o,,w~, =?.~oi .~. amually, tile infector Will
conversion a,',,,,ia;"~.-"-"-~'~---'~-Y--~P-e, caai .l!gm...eouns?i..m' the planning, development,
, _ . -,_. ,~-, .'"'"'~_~'u/m ~.u~u'ucuon et .taaltties. AO~litional responsibilities involve i
~l't~go:ti~ :tailt~t~na~mnange~reqanUTe~te_n~' _d__e~_'_g~ of dep,artmcnt~., operations, policies,
-nrnmi.oi^ .... .~ .....:_ ~'.' .~?~y pro~rour~, _anO compllanc~ with re late
budget and monito,~-o - ..... ,_._ _~'t_o_r~.?sponsmle ~or prcparauon of a departmental I
lllustralwe duti~J=: I
Profe~sional d.ufies include general clire~fion of the ..... ·
laboratory testina m,ali~, ,-,,-,-.,, ---,--,--- . . ,-~.,=wa[cr ano water systems, i
· _ .~ n= v ,.,,,,-o,, ~y~,a m costs for projects, review construction and
............... ' ..... _r . .., a--wa aam uooc~. ~Upel'VISO ooOes
~a~ui ~ rO I --. ·
__ p .. p. gram p..an~un. ~ oeiegationoIr onmbdities to sub ' ' I
and mom,,,-..-- .-~ ---'--'-: ..... r. esp ordinates and coordmauon
in -ersonn-~ ~.----~' ........ P. o objectives. The director partimoates
. r. ~,~ ~.u.~uuua aa TO oepal'tlnental SIJi/~il" re""'; .......... '---' .... ',
Ior hire. promotion t.a;.;.. ,,_.4 .,~..._,_ .~ ,~,,,~-'.~¥~, =v-,uauon o[ canoloates
........ ;_.~.-. _ .-,. --"""5 _.,.uu o~vcaopmen~, ano oroOlem resolutlnn_ q'..h.;~ I
· ~pons~omues ,ntaa urehase of need · - · ...... 7.- .... -.""~
_.,_,_, ...... P _. ed eqmpment and materials and su hes as r .
'~' /~um,,~trauveiy, the mrector---.-o,.-- ,~.- ,----,--- -- - - P.P eqmred
COor.~: .......... , ........ r--.i-,,~.~ .m? ouug~t tot oepartmentat activities and
uma~.~ woric acm, lnes ano nroo,'ams with oth'- -' ........ '
r ~. ;, ~a~y programs anO projects, l
KnoWledge. Skills and AbilitieS:
The director should po.sse~ a high level of. understanding of equipment and facilities in the i
wa_~r_~a~_ d___w~t~.water m. du.~ .t~y and .exhibit a thorough knowledge of modem techni
,-,?om, proc.~ur_e.%, p.nncapm, a, aha equipment and i~ able to apply ach knowiedgqle to I
daily operafiom. This mclud~ chemical, biological, and physical p. roc. e~ used in water
and sewage treatment and of standard me.thods of chemical analyse used m te~fing these I
precedes, az well az kno. wledge of inztallation and operation of cquioment, oi in t¢
and other methods which may enh ..... -'--, ....... '-.. ~.~ p g sys
identification of occu,,o"...-~, ~ .... [,_~ .~,=uaS ,._e~'.nm.ques. ^aattionm conmrm are
-amen . .. [~,.-.,-.~ -~ua aha promotion or appropriate safety precautior=
work ~e~t~,r.~'~e~t~bo~r~. di-rcet°r~ust..be ~pabie..of mana.gi.'ng, departmental operations, I
~ maates ana st~x, an~ cooramate activities to optimize clay-lo-day
work efficiencies and maintain high employee morale.
Trainin~ and Experience:
Bachelor degree in civil or sanitation engineering with progre~ively responsible utiliF
engineering and management experience. Must be P.E. or reasonable expectation of
attaining P.E. within 12 months of appointment.
t~Approved
by Resolution No. R-91-27, August 28, 1991
City. of Sds_ a.s!!an_,..Fl.?ida
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Addendum
The training and experience requirements for Utilities director in other group III cities
range from a high school diploma with some college courses to a bachelor degree in
engineering and attainment of P.E. credentials. Salaries, of course, vary according to those
skills and levels of experience. Sebastian has indicated a desire to hire an engineer and can
therefore expect a salary level at the higher end o£ the salary continuum. My salary study
o£ those cities within a population range of 1,000 of Sebastian proffers an indicated salary
range of approximately $31,400 to $41,800 annually. The average of those participating
cities is $37~00. I submit that we will be hard pressed to secure a P.E. with the requisite
level of experienc..e at less than the high average o£ the continuum, or $41,800.
During the investigative and design phase of the development of a utilities department, the
department would consist only o£ a director and an adminlstralive secretary. As the plant
begins to.develop, collateral staff will be added as required. 2~he following job
~riptive"of~'th'ose.-positions.,,that-..may be require~..~ positions
Certified Plant Operator/Mechanic
Environmental Technician
Maintenance Electrical Mechanic
Water Plant Operator
Chief Well Mechanic/Technician
Lift Station Attendant
Maintenance Worker
Wastewater Pla6~'Operator
Sprayfield Plant Operator
Manager of Maintenance and Field Operations
It. ,'.is.. anticipated th.at the finance department will provide administrative support concerning
billing and collection, and payroll and accounting. These duties may require the addition
of a billing and collection clerk (Account Clerk II). The advent of a new computer system
in finance is likely to increase speed and efficiency in the department to minimize the need
for additional staff. The director of finance is currently reviewing appropriate computer
systems and software to accommodate utility billing.
Approved by Resolution
No. R-91-27, August 28, 1991
City of Seba~tlan, Florida
Job description. Public Utilities Director
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
PLANNING & ZONING COMMISSION
RECOMMENDATION REGARDING
ADMINISTRATION OF AN OATH.
Approved For Submittal By:
City Manager
Agenda Number:
Dept. Origin: Community Development
(BC)/
Date Submitted: 01/07/93
For Agenda Of:
01/13/93
Exhibits:
1. Memo dated 12/8/92 from Planning
& Zoning
2. Proposed resolution
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of December 3, 1992, the Planning & Zoning
Commission recommended to the City Council to pass a resolution to require
the administration of an oath to the applicants and witnesses who appear
before the board when acting in a quasi-judicial capacity. This matter
was prompted from a meeting with the City Attorney on November 5, 1992
regarding restrictions and methods for the commissioners to solicit
evidence while sitting in a quasi-judicial capacity.
RECOMMENDED ACTION
Move to direct staff to draft a resolution for the Planning & Zoning
Commission regarding administration of an oath.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
MEMORANDUM
DATE;
December 08, 1992
TO:
FROM:
Mayor and City Council
Planning and Zoning Commission
RE:
Oath Administration
The Planning and Zoning Commission at their regular meeting
on December 3rd, 1992 discussed a proposed resolution
regarding administering an oath to the applicants and witness
who appear before the board when acting in a quasijudicial
capacity. The commission believes based on the City
Attorney's comments that this Resolution should be passed and
become a part of their regular agenda and procedures.
Your assistance in adopting this Resolution or directing the
City Attorney to prepare a similar resolution is greatly
appreciated.
oath. doc
To:
From:
Re:
Date:
Planning and Zoning Commission
Howard Goldstein
Procedural enhancement - Witness oaths
2 December 1992
At the 5 November commission meeting our city attorney recommended rather draconi-
an restrictions on the methods through which the commissioners, when sitting in a quasi-
judicial capacity, may elicit evidence. These new restrictions will cause our board to place an
even greater reliance on the testimony of applicants and other interested witnesses before us
than in the past.
Although we were advised that Florida law currently prohibits those speaking before
public bodies such as the P&Z commission from being other than truthful, I believe that the
administration of the oath would be a salutary addition to our powers and therefore propose the
following resolution:
PROPOSED RESOLUTION - OATH ADMINISTRATION
WHEREAS, matters affecting the health and welfare of City of Sebastian residents are
frequently decided before the Planning & Zoning Commission; and
WHEREAS, the Commission is required to hear relevant evidence, much of it by way
of oral testimony, regarding matters before it; and
WHEREAS, the Commission desires to contemporaneously remind witnesses testifying
before it of their obligation to submit truthful and complete testimony so as to facilitate the
rendering of competent decisions; and
WHEREAS, the Commission believes the administration of the oath will promote citi-
zen confidence in the decision-making process,
BE IT RESOLVED, that the Commission, through its duly elected Chairman (or de-
signee which may include the Commission's Secretary,) shall administer the oath to all wit-
nesses appearing before it on non-legislative matters; and
BE IT RESOLVED, that in order to expedite Commission meetings, the oath may be
administered "en masse" to all persons expecting to testify, at the commencement of the
agenda.
LET THE RESOLUTION be transmitted to the Council of the City of Sebastian and
recommended for approval at its next meeting.
I City of Sebastian
POST OFFICE SOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Agenda No. ~,.~,
SUBJECT: Adoption of Co-Participat-)
ion Agreement with TRICO for )
Liability, Property and Casualty )
and Workers Comp. Insurance )
)
Approved For Submittal By:
City Manager )
Dept. Origin
Finance (LWN)
Date Submitted 1-06-93
For Agenda of 1-13-93
Exhibits: Reso R-93-01 Co-Participation
Agreement with attachments, Memo from AFD
dated 10-26-92, the Florida Municipal Risk
Reporter dated 09-18-92, Memo from Nash
dated 9-28-92 and Memo from Torpy
dated 12-12-92
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: $295,000 BUDGETED: $349,450 REQUIRED:
SUMMARY STATEMENT
Sebastian City Council granted a waiver of the bidding procedure and authorized
further negotiations with TRICO at a meeting held on September 23, 1992.
Included with the back up material is the co-participation agreement with
attachments, a memo from the Assistant Finance Director outlining the entire
process and a copy of the September 1992 Florida Municipal Risk Reporter showing
excerpts-from the September 30, 1991 audited financial statements of several
other insurance programs. The City's adopted fiscal '93 budget contains $133,650
for workers comp insurance and $215,800 for liability and property casualty
insurance. In addition, the City Council needs to appoint a representative and
an alternate to the TRICO Board of Directors by resolution which its also
included. The TRICO self insurance group is financially stable and very solvent
and the City of Sebastian is looking forward to working with them in the future.
RECOMMENDED ACTION
Move to adopt Resolution R-93-01 authorizing the Co-Participation Agreement for
the purchase of general liability, property and casualty, and workers
compensation insurance through TRICO for the amount of $295,000 for fiscal '93,
and appointing the City's Assistant Finance Director and Finance Director as a
member and alternate member, respectively, to the TRICO Board.
RESOLUTION NO. R-93-1
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING MEMBERSHIP
IN THE TRI-COUNTY RISK MANAGEMENT PROGRAM AND
APPOINTING A REPRESENTATIVE AND ALTERNATE TO
THE BOARD OF DIRECTORS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, has
previously voted to become a member of the Tri County Risk
Management Program; and,
WHEREAS, it is necessary for the City of Sebastian to enter
into an Interlocal Agreement with members of the Tri County Risk
Management Program; and
WHEREAS, it is necessary for the City of Sebastian to appoint
a representative and an alternate to serve on the Board of
Directors;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, that:
T~. That the Mayor and City Council are herewith
authorized to execute a Co-Participation Agreement for TRICO's
Interlocal Agreement for membership in the Tri-County Risk
Management Program.
SECTION 2. That the City's Assistant Finance Director is
hereby appointed to serve as the City's representative to the Board
of Directors of the Tri-County Risk Management Program.
SECTION 3. That the City's Finance Director is hereby
appointed to serve as the City's alternative representative for the
city in the absence of the representative.
SECTION 4. CONFLICT. That all resolutions or parts of
resolutions 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 Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
SECTION 6. EFFECTIVE DATE°
effect immediately upon its adoption°
The foregoing Resolution was
Councilmember
by Councilmember
into a vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember George G. Reid
Councilmember Peter R. Holyk
This Resolution shall take
moved for adoption by
The motion was seconded
and, upon being put
2
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
CO-PARTICiPaTION AGREEMENT
THIS AGREEMENT made this 1st day of October, 1992, by the CITY
OF SEBASTIAN, FLORIDA.
WHEREAS, Florida Statutes Chapter 163 permits local
governmental units to cooperate with each other; and
WHEREAS, on October 1, 1987, the Tri--County Risk Management
Program (hereinafter referred to as TRICO) was formed by THE CITY
OF STUART, THE CITY OF PORT ST. LUCIE, ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS and MARTIN COUNTY BOARD OF COUNTY
COMMISSIONERS, all local governments; and
WHEREAS, on August 20, 1992, the Board of Directors of TRICO
approved the admission of the CITY OF SEBASTIAN, a municipal
corporation as a co-participant in TRICO; and
WHEREAS, on January, 1993, the city Council of the CITY
OF SEBASTIAN, FLORIDA, by Resolution No. (a copy of which
is attached hereto and by reference made a part hereof) did accept
membership in TRICO.
NOW THEREFORE, the parties agree as follows:
WITNESSETH:
1. The above recitals are hereby adopted as set forth
herein.
2. The CITY OF SEBASTIAN, hereby agrees to be bound by and
become a party to the Interlocal Agreement and the Bylaws, (copies
are attached hereto and by reference made a part hereof) dated
October 1, 1987, of THE CITY OF STUART, THE CITY OF PORT ST. LUCIE,
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS and MARTIN COUNTY
BOARD OF COUNTY COMMISSIONERS, and further agrees to be bound by
said Interlocal Agreement and the By-Laws (a copy of which is
attached hereto and by reference made a part hereof) of said
Program.
IN WITNESS WHEREOF, the parties have hereunto set t.heir hands
and seals this day of , 1992.
CITY OF SEBASTIAN COMMISSION
By: SEAL
ATTEST:
Mayor
By: SEAL
City Clerk
APPROVED AS TO FORM
AND CORRECTNESS:
City Attorney
SEAL
TqlCO P.O..L I CYIP_ROCEDURES
POOL. COVERABES
We will use existing reinsurance policies to dateline cave.ge provided
by the Risk Management Pool. This moons that our p~pedy cave.ge will
b8 in e~o~ence with p~pedy ~insu~nce, that our Wo~e~'
ComPensation po]icg will be In accordance with our WaCom' Compensation
~lnsuruce end thor our crime cave.ge wi]l be in ecco~once with our
crime ~insu~nce e8 ~spect8 the deductible pod of the ~ins~once
policy. I.e., the podion which the poo] will peg. These amounts for the
flint, g8or Qm $50,00~ properly; $250,00~ Wo~e~' Compensetlon and
$25,0~0 crime coverages.
gene~ily track what was cove~d by our prior
Liability coverage will
liability policies.. However, the contents of this memorandum will serve
as the determining factor and will supersede any conflicts as far as
liability coverages ara concerned.
LIABILITY LIMITS ARE $I00,000 PER CLAIMANT; $200,000 PER CLAIM OR
OCCURRENCE.
I The maximum that the Trl County pool will pay for any one claim is
I limited to $ I00,000 per claimant and $200,000 per occurrence. This limit
is spec1~fically intended to track exactly with Chapter 768.28, Florida.
i Statutes. It is also the intent of the members that no individual
immunities are waived. All defenses available to each member will also
be available to TRICO. It is also the intent of the members that TRICO's
I liability coverage will track with Chapter 768.28, Florida Statute, as it
now is written; as it may be amended by. the legislature at future dates;
and as it may be interpreted by courts of competent jurisdiction.
I The Risk Management Program will adopt the following guidelines as
i respects liability coverage:
a) Include employees acting within the scope of their employment.
Page I of 5
TRICO POLICY/PROCEDURES
b) Provide no Uninsured Motorist coverage.
We will have a maximum limit of $5,000
c) Provide Medical Payments.
per person and $50,000 per occurrence.
Our certificates will say that we ~
d)
Provide
certificates
of
Insurance.
are self insured and cite the appropriate Florida Statute.
e) We prefer not to add additional lnsurods except other governments with I
sovereign immunity. We will not readily nome others os additional
insureds because we are unable to give anyone statutory immunity. I
f) Include the law firms of Gilbert and Orr; Rlcheson and Drown; and
Warner, Fox and Seeley with respect to professional liability only and I
only for claims incurred by these firms which are the direct result of
work performed by a lawyer acting as the City Attorney expressly for I
the City of Pod St. Lucia or the .City of Stuart. The Risk Management
Program wi11 only afford protection in excess over any valid and I
collectible professional liability coverage which the firm may have;
and this protection will only apply to claims made during the period
when TRICO is providing coverage. TRICO coverage will be provided as
set forth in the National Union policy attached.
A. Airport Liability
B. ~ Aircraft Liability or Physical Damage I
C. Hospital/Clinic Malpractice
D. Boiler & Machinery (to be separately purchased) if desired. ' II
E. War Risk and Nuclear_Damage I
F. Seepage, Absolute .P.,ollut!on and Contamination
6. Fidelity Required by Law, ordinance or charter.
H. Watercraft Liability for Boats over 40 Feet.
Page 2 of 5
TRICO POLICY/PROCEDURES
I. The first $1,000 of any loss to property owned by or leased to
the Member. -'
I - ' j. Inverse Condemnation
i K. Under'insured Hotorist
Eligible property such as, but not limited to roads,
wiring/conduits (above or below ground level), seawalls,
bridges, traffic control equipment etc. not declared/scheduled.
I M,, Asbestos
I N.
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No coverage will be available for claims arising out of
PolluUon, Aids, Sexual Misconduct or Molestation, Medical
rlalpractlce (except incidental), Discrimination or any exposure
covered by an insurance policy or product (including but not
limited to Pools, Risk Retention Groups, etc.)
I¥~ 'EXCLUSIONS A..XPLiFtED.
Our Liability Program will exclude the following areas:
qexual .M. isconduct Exclusion
I Sexual or physical abuse or molestation of any person by the Member, any
empioye~ of the Member or any volunteer worker does not constitute injury
within the terms of this RMP and as such any claim arising, directly or
i indirectly, from the aforementioned is excluded.
I Al~solutll Asb.estQs Exclusion
Bodily Injury or Personal Injury or 1ass of, damage to or loss of use of
I property directly or indirectly caused by asbestos. This exclusion also
applies to the cost of cleanup or removal. This Exclusion applies
I regardless of when the event(s) occurred or when discovered.
Page ~ of 5
TRICO POLICY/PROCEDURES
See. pao_e or Pollution or Contamination Exclusion
The RMP does not protect against Bodily Injury or Property Damage arising
out of the actual, alleged or threatened discharge, dispersal, release or
escape of pollutants, whether direct or indirect, occurring anywhere or at
any time.
Authorftlea. Exclusion
This RMP does not cover expenses, fines, penalties or costs Incurred or
sustained by the Member or imposed on the Member at the order of any
Government Agency, Court or other Authority, in connection with any kind
or description of environmental impairment including seepage or pollution
or contamination from any cause.
laverse Coad. emaatfoa Exclusfon
This AMP does not cover claims for loss or damage or any liability of any
and/or ali j the Members arising out of or in any way connected with the
operation of the principles of eminent domain and/or condemnation by
whateYer name called regardless of whether such claims are made directly
against the Member or by virtue of any agreement entered into by or on
behalf of the Member.
Malpractice Exclusion
It is here~y understood and agreed that the AMP will not apply to liability
arising out of Hospital/Clinic Malpractice. The RMP will cover incidental
malpractice and that term specifically includes Emergency Medical I
Service (EMS) and clinics owned by a city or county and used to provide
medical servicBs to inmates end/or employees.
The
Dtscrimina_ttOll Exclusion
RMP will provide only defense covera_oes where discrimination is I
alleged, including but not limited to proceedings before the Florida I
Commission on Human Relations. The intent is to also include oll
allegations arisln9 out of employment/personnel actions. Defense will
I
Page 4 of 5
I , ,,'-TRICO POLICY/PROCEDURES
apply to county, state and federal courts and will include all associated
defense and court costs. Any awards issued by county, state or federal
courts will not be covered by the RMP. Additionally, the pool will not
cover attorney fees or expenses involved in administrative hearings under
Civil Service or the Administrative Procedures Act. End.
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Page 5 of 5
TRICO INTERLOCAL AGREEMENT
FINAL FILED COPY
7SS 0 9
1015236
INTERLOCAL AGREEMENT .(9-t7-87).
T.ri County Insurance Council Risk Management Program
WHEREAS, Chapter 163, Florida Statutes permit local governmental c~
I
units to make the most efficient use of their powers by enabling them to ~
I cooperate with other local entities on the basis of mutual advantage; and -~
WHEREAS, the several local governments as set forth herein desire to
cooperate to effect an-lnterlocal Agreement providing. Intergovernmental
Programs (to include Risk Management); and
WHEREAS, the following governmental corporations: Boards of County
Commissioners of Martin and St. Lucie Counties; Cities of Stuart, and Port
St. Lucie (hereinafter referred to as Members - the term Board(s) as used
herein will refer to the governing body of each Member organization);
desire to form the TM County Insurance Council Risk Management Program
{hereinafter referred to as TCICRMP); and
WHEREAS, the Members desire to join together in cooperative effort
to develop, implement and participate in coordinated management
programs to make the most efficient use of their expenditures and to
provide the necessary services to self insure as authorized by various
Florida statutes; and
WHEREAS, the Members desire to exercise their privileges under
Section 440.38 (6), Florida Statutes, and exercise jointly their powers on
the basis of mutual advantage, to provide the services and facilitie~in. .
exercising their privileges under the said provision of the Florida Workers'
Compensation Act; and
WHEREAS, the Members may desire to provide for Life
Accident, HosI~italization, Legal Expense, or Annuity Insurance, o~
-1-
1:31
f~O0~ ~'70 PAGE
I nterlocal Agreement
-2-
any kinds of such insurance for the officers and employees of the Members ..
and their dependents through a self insurance plan as authorized under
Chapter 112.08, Florida Statutes and
WHEREAS, the Members desire to pool their purchasing power to
obtain optimum protect, ion against loss of or damage to property owned by
or under the control of each Member or group of Member~.
NOW, THEREFORE, the parties to this Agreement agree to jointly
exercise the powers required of them pursuant to this Agreement, as
follows:
1. All Boards which are parties to thls Agreement shall be Members
of and Participants in the Tri County Insurance Council Risk Management
Program, the purpose of which is to develop, implement and administer a
cooperative Risk Management Program (RMP). TCICRMP is authoMzed to
develop Risk Management Programs for various areas of coverage as
prescribed by Law. Each Member that signs this agreement may
participate in as many of these Risk Management Programs as the Member
determines is in its best interest.
2. M~mbership in TCICRMP shall be on an annual basis and continue
until terminated. Participating Members may provide a ninety (90) day
written notice of intent to withdraw from any of the programs and
subsequently.withdraw on the anniversary date only of that particular
program. Members may withdraw from TCICRMP by providing
Members with ninety.(90) days written notice of their intent-to
Otherwise, membership will continue from year to year.
3. TCICRMP may be terminated by the mutual agreement o
of the Members of TCICRMP, subject to the fulfillment of al
contractual obligations. Any surplus funds or other assets
~o0~
, interlocal Agreement -3-
in
returned to the Members proportion to the contributions made by the
Members.
4. No signatory to this Agreement may terminate its participation in
any program without first providing ninety (90) days written notice to the
other Members, and to the RiSk Manager program,
of
the
of
its
intention
to
terminate participation. Upon termination, as set forth above, the Member'
· terminating membership in a program will not. be relieved of its obligation
to complete all payments due for the full annual period ending the fiscal
year of termination. No Member terminating participation in this program
will be eligible for any return of contribution that may be due after their
termination date.
5. TCICRMP will be governed by a Board of Directors (hereinafter
Directors). Each Member will select one representative and
participating
one alternate to the Board of Directors. The representative to the Board of
Directors will be a Commissioner/Councilman, Manager/Administrator or
one of the higher ranking full-time employees of the Member. Each Member
shall have one vote. TCICRMPs Directors shall formulate policies and
procedures and shall provide overall supervision of the administration of
the Risk Management Program. The Directors shall establish By-Laws
consistent with the Risk Management Program, which By-Laws and any
policies and procedures emanating thereunder shall not be in conflict with
ordinances or Charters of the Member, nor be in conflict with Florida
statutes. By-Laws shall determine how additional Members
participate in the TCiCRMP, how participating Members may be
from the TCICRMP, what, if any, additional professional
employed by the Directors, including accountants, actuaries,
etc. The Directors shall obtain the services of a Risk Manager. TI~
BOO,,.,,u :[33
0 R i~
interlocal Agreement
Manager for the TClCRMP shall be responsible to recommend policies and'
procedures to the Directors concerning type, source, amount of insurance
coverage, self-insurance coverage and techniques to minimize or manage
risks of the Members. No recommendations of policies, however,, can
require the payment.of fees or additional costs beyond the annual
assessment (paragraph 9 below) to a Member without'the consent of said
Member. Two-thirds (2/3) of the Directors must be present to have a
quorum; and the Directors will operate on a 'majority rule' basis.
6. The Risk Management Program shall provide, but not be limited to:
A. Risk management services to include general administration of
risk management activities, consultant serviCes, staff assistance,
inspections and investigations as appropriate, reporting and data analysis.
B. Protection against any legislative, administrative or judicial
action, transaction, claim or occurrence arising against the Boards, Board
members, or any officer, employee, or agent of the Members for torts
(including acts or omissions) arising out of their appointment, employment
or function. The Risk Management Program shall be obligated to protect
each Member in accordance with the terms of the insurance contract or the
reinsurance contract as obtained on behalf of the Members.
C. Protection against liability arising under the provisions of the
Florida Workers' Compensation Act (C.h. apter 440, Florida Statutes).
D. Protection against loss or damage to property owned or
by a Member or Members of TCICRMP.
£. Claims services by contract through a claims
that may include but not be limited to investigating and resolvil
bo~h casualty'end property, loss prevention services, colleci
analyzing experience data, and distributing periodic reports of claims'
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' Interlocal Agreement -5-
activities. The claims Service Company shall be fully authorized in the
State of Florida to serve self-insurers for Workers' Compensation under
the provisions of Rule 38F-5.040, Florida Administrative Code. Claims
services by contract through a Third Party Administrator (TPA) that may
include but not be limited to investigating and resolving claims, collecting
and analyzing experie.nce data, distributing periodic reports of claims
activities, obtaining actuarial services as .required 'by law, and other
services as required by the Directors. The Administrator (TPA) will be
fully authorized in the .State of Florida' as an administrator for self
insurance group programs as provided by Chapter 1 I;2.08, Florida Statutes.
Services outlined herein may be performed in whole or in part by staff
hired by TCICRMP. (Staff is defined as employees of TCiCRMP as opposed to
employees of Members or contract agencies.)
F. Evaluation of results achieved through quarterly summarization
reports to the Directors and annual analysis reports to the respective
Members. These reports will be prepared by the Risk Manager working
cooperatively with the Fiscal Agent and Administrator(TPA)and/or
Service C~mpany.
7. A Fiscal Agent shall be selected by the Directors. The Fiscal
Agent shall receive, disburse and administer all monies due to, or payable
from, the Risk Management Program in accordance with Chapter 163.01,
Florida Statutes and the policies and procedures adopted by the Board of
Directors. Administrative functions shall include contracting for goods
and services required by TCICRMP, purchasing, paying of retained lo,~
collecting of fees and performing other matters specifically relab
Risk Management Program. The Fiscal Agent shall be reimb~
expenses incurred for the I~isk Management Program on a pure cos
670 i35
I~OOK
Interlocal Agreement
-6-
8. An appropriate staff may be employed to administer the Risk
Management Program in accordance with Section 163.01 (7) (a), (b) and (c)
and the policies and procedures adopted by the Directors. The
the Risk Management Program shall be
Administrative Office for
determined by the Directors.
9. The annual cost of
each Risk Management Program shall be
prorated among the Members of TCICRMP according to the procedures
adopted by the Directors. Each Member of TCICRMP will be obligated for
annual assessments for each Risk Management Program in' which that
Member participates. Annual assessments shall be fixed and not subject
to change during the fiscal year. Members shall remit their share of the
annual costs to the Fiscal Agent according to the payment schedule
developed by the Fiscal Agent to meet the financial obligations of
TCICRMP.
10. The Implementation Date for coverage under the Risk Management
Program shall be October 1, 1987. Members desidng to participate in
other fu~'ure programs will provide TCICRMP-with a letter of commitment
in a format acceptable to the Directors.
11. All payments are due and payable when received, and any failure
to remit payment'within thirty (:30) days of the due date shall result in an
additional cost equal to one (1) percent per month for each month
payment is not made as required herein.
12. Upon the recommendation of the Risk Manager all
purchases of insurance and investments of premiums shall be
Directors by majority vote. In the event that the Directors
reach a decision because of a tie vote, then the
. ri
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Interlocal Agreement
-7-
Risk Manager shall be entitled to cast a vote to break any deadlock among
the Directors.
13. The Directors shall determine all matters governing its meetings
and procedures, shall organize itself, elect a chairman, vice chairman.and
determine places, times and dates of meetings (all of which shall be in the
Sunshine of public view), and determine all other such matters by majority
vote.
14. The TCICRMP shall operate on a fiscal year as determined by the
Directors. The Risk Manager shall file an annual accounting with each
participating Member within sixty (60) days after the end of each fiscal
year setting forth all income and liabilities of TCICRMP and detailing all
its income and expenses for the previous fiscal year. Concurrent with its
accounting, the Risk Manager shall recommend to the Directors whether or
not any surplus funds should be returned to the participating Members, on
what dates and in what amounts. Each program of TCICRMP shall have a
CPA audit of the program each year.
15. }.n the event of any violation of the terms of this Agreement or of
the By-Laws, rules, regulations, policies or procedures adopted by the
TCiCRMP, Directors may seek to enforce this Agreement or collect any
sums due it, and all costs of collection and all costs of enforcement of the
terms of this Agreement, By-Laws, policies, procedures, rules and
regulations shall be paid by the violating party, including attorney'
and court costs.
16. It is the specific intent and agreement among the
any immunities and privileges granted to them as local gl
corporations will inure to the benefit of TCICRMP (e.g., Choptel
Florida Statutes>. No immunities are waived. OR B'~O ?~E 13'7
Interlocal Agreement
-8-
iN WITNESS WHEREOF, the undersigned local governments, as
authorized by their Boards, have signed this Agreement and had their
corporate seals affixed to this Agreement in original copies.
This Agreement shall be governed, by and construed, implemented and
enforced in accordanc, e with the Laws of the State of Florida. By-Laws
shall be established by the Board of Directors and incorporated by
reference into this Agreement. All amendments shall be in writing and
must be approved by all of the parties.
This Agreement is made and entered into on this the first day of
October, 1987, as attested by the signatures affixed hereto.
This interlocal Agreement and subsequent amendments thereto shall
be filed with the clerk of the circuit court of each county where a party to
the agreement is located.
Board of County Commissioners
~lOriB¥: ,~ da
Thomas G. Kenny, III
Chairman
Approved as to Form
,rrectness
Noreen $. Dreyer
County Attorney
n 138
~OOKU. u PAGE
I ', InteMocal Agreement -9- --,,
i / Z · ,~,.'-.:~.~'--- ~ ~.. ., .,
Att City of Po~ St. kucie, FloMda
- ~: , ,
'" ......~ ..... ~'" Thomas Warner
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
Mayor and City Council - City of Sebastian
Larry W. Napier, Assistant Finance Director~~
Robert S. McClary, City Manager
October 26, 1992
LIABILITY, PROPERTY, CASUALTY AND
WORKERS COMPENSATION INSURANCE
Four proposals were reviewed for the liability, casualty and
property, and worker's compensation insurance coverage for the City
of Sebastian for fiscal year 1993.
The Tri County-Risk Management Program - TRICO provides broad all
risk coverage for all property owned by the City. The coverage is
for replacement costs for buildings and content and equipment
except for licensed vehicles which are covered at actual cash value
with a $1,000 deductible.
Liability coverages are quite broad and include commercial general
and automobile liability coverage including all vehicles and
employees when performing their official duties. Crime coverage
and w~rkers compensation coverage in accordance with Florida
Statutes is also included.
TRICO provides property coverage far in excess of what the City
would need with a total limit in excess of $229,000,000. In
addition there is $1,000,000 coverage for computer fraud and for
public employee dishonesty on a per loss basis and $125,000 of
coverage for forgery, alteration, theft, disappearance or
destruction. Liability coverages are limited to $100,000 per
claimant and $200,000 per occurrence as set forth in Florida
Statutes 768.28 on the waiver of Governmental Immunity.
Additionally flood coverage is provided with an excess of
$40,000,000 and TRICO provides a policy covering public safety
employees for accidental death as required by Florida Statutes 112.
Page 2
The TRICO Board of Directors controls the program and as a member
the City will have a membership on the Board with a vote equal to
that of each of the other four members.
TRICO has their financial statement audited by Proctor Crook and
company of Stuart annually and they are prepared in full compliance
with GASB 10 requirements and they indicate a current cash on hand
in excess of $5,000,000. TRICO is financially stable and very
solvent.
The city attorney has reviewed the TRICO By-Laws, the Policy and
Procedures, and the Interlocal Agreement dated October 1, 1987 and
has no negative comments on any of them. In addition the
Interlocal Agreement, By-Laws and Policy and Procedures as well in
the audited financial statement were reviewed by the City Auditors
Hoyman, Dobson, and Company with no negative comment.
The Gallagher Basset proposals include a loss fund to be funded
with city dollars from which all claims and deductibles, including
a $25,000 deductible on workers compensation for each loss, are to
be paid. With the Gallagher London program the City would pay
$185,548 in fixed costs for the year in addition to funding a loss
fund for $175,000 giving a maximum cost for the year of $360,548.
Gallagher also proposed an alternate plan in conjunction with CIGNA
insurance company and a Governmental Risk Insurance Trust (GRIT)
for workers compensation. The fixed costs would be $100,736 with
a loss fund of $75,000 and a workers compensation premium of
$128,283 for an annual maximum cost of $304,109. Flood insurance
is not included under either Gallagher proposal.
Florida League of cities offered renewal of our existing coverage
for $343,688 for which property and casualty and liability would
cost $1~7,563 and workers compensation would cost $166,125. For
fiscal 1992 with FLC the city paid approximately $295,000 premium.
The final proposal was from Schlitt Services in conjunction with
PENCO for property and casualty and liability and GRIT covering
workers compensation. The premium from PENCo would have been
$139,565 in fixed costs and $153,255 for workers compensation for
an annual premium of $292,820.
With all the proposals but TRICO every dollar the city paid in
premiums would be placed in the accounts of insurance companies
but with TRICO self insurance the excess of payment builds equity
in the fund to which the City shares in proportionally with the
other four members.
Page 3
McCreary Corporation is the plan administrator for TRICO and they
have been our third party administrator for Health Insurance for
just over a year now. The health insurance fund ended fiscal year
1992 with just over $90,000 surplus funds. That is to say the
$90,000 stayed out of the accounts of insurance companies and
service providers and in control of the City of Sebastian which
allowed the City to begin it second year with the health insurance
and no increase in the premiums to our employees.
After reviewing all the proposals and some extensive due diligence
by the Finance Department staff the recommendation to have self
insurance with TRICO is in the best interest of the City of
Sebastian.
x'£o~LIDA ~ UNICIPAL -/-'~) :
I RISK REPORTER
I II
livery year, just before October 1st renewals, Ihe air is fillexl with ~
or slight~l
comparisons between League-sponsot~l insunmc~ programs and others. ~ut here are a few of
the most common ones. Itave you heard th~m?..
Misrepresentation:
"1 hearthat the league Of Citie$' programs are underfunded."
Fact:
This stal~nent is designed to make one feel uncomfortable about participating in the League programs. It is un outright
misrepresentation. The tnsmunce coverage programs of the League are now--and always have been---in excellent financial status. A
combination of quality reinsurance, actuarial review, independent £mancial analysis and sound management have made the programs
financially sound by any teslxmsible m~ent. Throughout the history of these coverages, the elected city officials serving as trustees
to these funds have insisted on conservative financial management; this has produced a fisoal capacity to meet any obligation. The audited
results as of September 30, 1991 at~ as follows:
Figmes as of 9/30/91
Florida Municipal Funds
S~lf Insora~ Fund Insurance Trust Health Trust Fund
(Work,s Comp) ~ & LiabUity) O,i~U~ & ~)
Cash & Investments $ 74,965,000 $113.872,000 $ 7,2.25,000
oth~ Am~ .. ~ ~ ~
Total Assets $ 79,012,000 $118,101,000 $ 7,717,000
UneamedPreminms $ 1,148,000 $ 1,052,000$ ......... ..0- -.
Other Liabilities 2,214,000 3,320,000 155,000
L}pbility for Claims 57377,000 62,406,000 2,267,000
Liability for Rein-
sunmce Participation 11.049.000 : -0- -0-
Total LiabiUties $ 62.78&000 ~ $ 2.4:22.000
Members Equity $16,224,000 $ 51,323,000 $ 5295,000
Now compa~ thcLca~u¢ program assets and equity with ~Florida programs that are being touted as just like or better than the Lcasuc
pmgrems as excerpted from their September 30, 1991 audited statements.
Cash & Invesmaent~
Other Assets
Total Asserts
Liabilities
Un~tmed Premiums
OIh~r Liabilities
Liability for Claims
Liability for Rein-
surancc Participation
Total LinblUges
Membe~ Equity
Southwest Florida
GovemmentalRiak Imergovemmental Risk Bmward Risk
Inmrance Trust Management Association Management Association
(Worgea, s Comp) (Muld.Line) (Multi-Line)
3,~.A7,200 $ 2,086,638 $ 865,434
4,859,308 $ 4,008396 $ 877,008
$ 1,720,696 $ -0-
497,833 36,157
2492,893 3,962,907
$ 4383.949
$ 75,359 $ 9,732
$ -0-
-0-
670,633
Copies of thetr financiat audits are available from the listed funds or from the League Public Risk Services O. Ofce.
These figures clearly represent the League programs maintain sufficient assets and member equity to withstand any reasonable adverse
claims experience. Each of the other programs utilize an "assessment" provision that would require aH participants to shax~ in correcting
all financial shortfalls. We believe this is an inappropriate requirement for municipal governments because it creates an unstable and
~uncp~.~le pmmiu~..Th!~.featum is no! in ~y..l.~. a. gue -sponsored cove.g:. Amy unanti¢ipau'.xl incteas~ in adminish-afiv¢, reinsurance
pertses como put me program s m a aenclt position--necessitating an assessment, even if your entity has not ~ tly contributed
to the deficit.
$ 202,907
CH~m~s L~
V~NCEN? G. To~J~. J~
(~h~ooRY S. ]SL~NsE~
J. PA?~UCK
LxU~A L. AZ~OE~SON
W~LZJm~ -~
OF COUNSEL
i~RESE. I~ASH (~ TO12-PY. P~.
ATTOKNEYS AT LAW
September 28, 1992
930 S. tLu~oR CXTY BL~.
SU~T~ 505
I~I_~,.BOU~r~. FLO~D, 32901
(407)
FAX (407) ~51-3741
Larry W. Napier, Assistant Finance Director
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978-0127
Re:
Proposal for the Trico Self-Insurance Program
Our File No. 92-87.70
Agenda Item No. 92.260
Dear Larry:
I have reviewed the following documents you had provided to me:
Tri County Risk Management Program Bylaws as of 3-10-
88;
2. Trico Policy/Procedures (5-88); and
3. Trico Interlocal Agreement dated October 1, 1987.
I have no negative comments after reviewing the aforereferenced
documents. I look forward to receiving the proposed agreements to
which the City of Sebastian will be a party so that I may review
those s~ecific documents and provide you with input and
suggestions.
Very truly yours,
Charles Ian Nash
City Attorney
CIN/niz
cc: Robert S. McClary, City Manager
lq~RESE. NASH (f~ TottPY. P.A.
ATTOlqLNEYS AT LAW
930 S. ~oR CiTY BLVD,
SuiTE 505
M~L~OU~N~. ~O~V~ 32901
(407) 954-3300
~ (407) 95]-3741
December 10, 1992
Mr. Michael Hudkins
Finance Director
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Re:
Tri-County Resolution
Our File No. 92-8770
Dear Mike:
Enclosed please find a Resolution and Co-Participation Agreement
for the Tri-County Risk Management Program. As I explained to you,
I have not reviewed the Inter-Local Agreement and By-Laws of the
Tri-County Risk Management Program. Although, in my review of the
file, it appears that Mr. Nash has already reviewed these
documents.
Due to the fact that I have not seen the Inter-Local Agreement and
By-Laws, I have not attached them to the Co-Participation Agreement
as is indicated on the face of the Agreement. Therefore, you will
need t~ attach these documents to the agreement before it is
conveyed to Council for their review.
If you have any questions on the Agreement which I prepared, or the
Resolution, please let me know.
Sincerely,
FRESE, NASH & TORPY, P.A.
~Richard E. Torpy
RET/lbg
Enclosure
I City of Sebastian
I POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT:
PROPOSAL TO PLACE TV MONITORS IN
THE CITY COUNCIL CHAMBERS
Approved For Submittal By:
City Manager
Agenda Number: qc.~. {~ ~..
Dept. Origin: Communit~ Developme~t~/~,
Date Submitted: 01/07/93 (BC~/~,~'~
For Agenda Of: 01/13/93
Exhibits:
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of November 5, 1992, the Planning & Zoning
Commission was advised by the City Attorney not to visit any sites that
may be befor~ the Planning & Zoning Commission for specific actions while
sitting as a quasi-judicial body. Basically, board members will not be
able to visit any of the sites for site plan review, preliminary
subdivisions, planned unit developments, home-occupational licenses and
conditional use permits.
In order for the Planning & Zoning Commission to be properly informed of
the site prior to making any decisions that may impact the general area,
staff will be taking videos of the subject area for review at the time of
the meeting. In order for the commission, applicant and the audience to
adequately view the video, staff would recommend TV monitors to be
strategically located in the City Council Chambers.
As you are aware, the Community Development Department recently purchased
the budgeted video camcorder primarily for Code Enforcement proceedings.
Now that it is apparent that the video camcorder will be used widely for
all boards and City Council to review particular sites at a public
hearing, I would recommend that the City Council authorize the purchase of
the TV monitors to provide adequate viewing for all persons involved.
Page 2
Staff would also recommend that a VCR be purchased and tied into the
system which would allow interested parties to give presentations.
Although these items have not been specifically budgeted, there are
sufficient funds to be appropriated under the public building improvements
(City Hall renovations) fund. Staff would estimate that these
improvements would cost approximately $1,500.00.
RECOMMENDED ACTION
Review the request from staff.
City of Sebastian
I POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JANUARY 13, 1993 - 7:00 P.M.
CITY COUNCiL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLOR]DA
ALL PROPOSED ORDINANCES AND INFORMATION ON iTEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. Mayor Powell called the meeting to order at 7:02 p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Reverend Ed Eby, First Church
of the Nazarene.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Hrs. Carolyn Corum
Mr. George Reid
Absent:
Dr. Peter Holyk (excused)
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Asst. Finance Director, Larry Napier
Police Captain, David Pusher
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
January 13, 1993
Page Two
AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89-59).
None.
6. PROCLAMATIONS ANDYOR ANNOUNCEMENTS
None.
7. PUBLIC ~ FINAL ACTION
None.
8. PUBLIC INPUT ON AGENDA ITEMS
George Metcalf, 425 Pine Street, Sebastian, addressed
items B, C and D of the consent agenda.
Arlene Westphal, President of the Sebastian Area
Historical Society, supported the 90th birthday
celebration of Pelican Wildlife Refuge.
Teddy Hulse, Sebastian Junior Women's Club, urged
support for the Pelican Island Wildlife Refuge
celebration.
All others signed up chose to speak during the items.
CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Az
Approval of Minutes - 11/18/92 Regular Meeting,
12/2/92 Special Meeting/Workshop, 12/16/92
Special Meeting, 1/6/93 Special Meeting/Workshop
Regular City Council Meeting
January 13, 1993
Page Three
93.021/ B.
92.151
93.022/-
92.151
ORDINANCE NO. 0-93~02 - Charter Revisions
(City Clerk Recommendation dated 1/7/93, 0-93-02)
1st Reading, Set Public Hearing for 1/27/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; PROVIDING FOR REVISIONS
TO SECTIONS 2.05, 2.08, 2.12, 3.O1, 3.03, 3.08 AND 5.O1
OF THE CITY CHARTER TO PROVIDE FOR THE CORRECTION AND/OR
CLARIFICATION OF EXISTING PROVISIONS; AMENDING SECTION
2.05 OF THE CITY CHARTER PERTAINING TO COMPENSATION AND
EXPENSES OF THE MAYOR, VICE-MAYOR AND OTHER CITY COUNCIL
MEMBERS; AMENDING SECTION 2.08 OF THE CITY CHARTER
PERTAINING TO THE FILLING OF VACANCIES OF THE OFFICE OF
COUNCIL MEMBERS; AMENDING SECTION 2.12 OF THE CITY
CHARTER PERTAINING TO THE PROCEDURE FOR VOTING BY THE
CITY COUNCIL; AMENDING SECTION 3.O1 OF THE CITY CHARTER
PERTAINING TO THE CREATION OF CITY DEPARTMENTS, OFFICES
AND AGENCIES; AMENDING SECTION 3.03 OF THE CITY CHARTER
PERTAINING TO THE REMOVAL OF CHARTER OFFICERS; AMENDING
SECTION 3.08 OF THE CITY CHARTER PERTAINING TO THE POWER
OF POLICE OFFICERS TO BEAR ARMS AND MAKE ARRESTS;
AMENDING SECTION 5.O1 OF THE CITY CHARTER PERTAINING TO
THE SEVERABILITY OF PROVISIONS OF THE CITY CHARTER,
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE
CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH
ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE;
PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE No. 0-93-03 - Charter Revisions
(city Clerk Recommendation dated 1/7/93, 0-93-03)
1st Reading, Set Public Hearing for 1/27/93
AN ORDINANCE OF THE CiTY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
ARTICLE ii OF THE CITY CHARTER TO PROVIDE FOR THE
ELECTION OF MAYOR BY THE CITY COUNCIL FROM AMONG ITS
MEMBERS; AMENDING SECTION 2.O1 OF THE CITY CHARTER TO
PROVIDE FOR A CITY COUNCIL CONSISTING OF FIVE COUNCIL
MEMBERS; AMENDING SECTION 2.02 OF THE CITY CHARTER TO
PROVIDE FOR THE CRITERIA OF ELIGIBILITY OF CITY COUNCIL
MEMBERS; AMENDING SECTION 2.03 PERTAINING TO THE
Regular city Council Meeting
January 13, 1993
Page Four
93.023/
92.151
PROCEDURE FOR ELECTING CITY COUNCIL MEMBERS; AMENDING
SECTION 2.04 TO PROVIDE FOR THE TERM OF THE MAYOR;
AMENDING SECTION 2.06 OF THE CiTY CHARTER PROVIDING FOR
THE PROCEDURE FOR ELECTING THE MAYOR AND VICE-MAYOR;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL
BE CONDUCTED; PROVIDING THE TiME AND PLACES FOR HOLDING
SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR
SUCH ELECTION; DIRECTING THE CITY CLERK TO'PROVIDE THE
SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE;
PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND
PROVIDING FORAN EFFECTIVE DATE.
ORDIN~qCE N0~ 0-93-04 - Charter Revisions
(City Clerk Recommendation dated 1/7/93, 0-93-04)
1st Reading, Set Public Hearing for 1/27/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
ARTICLE IV OF THE CiTY CHARTER; AMENDING SECTION 4.02
OF THE CITY CHARTER PERTAINING TO FILING OF CANDIDATE'S
OATH AND LOYALTY OATH; PROVIDING FOR THE REPEAL OF
SECTION 4.03 OF THE CITY CHARTER PERTAINING TO SPECIAL
MUNICIPAL ELECTIONS TO ELECT ELECTIVE OFFICERS;
PROVIDING FOR THE REPEAL OF SECTION 4.06 OF THE CITY
CHARTER PERTAINING TO ELECTION PRECINCTS AND POLLING
PLACES; AMENDING SECTION 4.07 OF THE CITY CHARTER
PERTAINING TO THE ADOPTION OF NECESSARY ARRANGEMENTS
FOR HOLDING ALL CITY ELECTIONS; PROVIDING THAT THE CITY
COUNCIL SHALL MAKE ALL NECESSARY ARRANGEMENTS FOR CITY
ELECTIONS IN CONJUNCTION WITH THE CITY CLERK THROUGH
RESOLUTIONS; AMENDING SECTION 4.08 OF THE CITY CHARTER
PERTAINING TO THE CANVASSING OF ELECTION RETURNS;
AUTHORIZING THE CITY CLERK TO APPOINT A CITY ELECTION
CANVASSING BOARD; PROVIDING PROCEDURES FOR CONVENING
THE CITY CANVASSING BOARD AND RECORDING RESULTS OF THE
BOARD; PROVIDING FOR A SPECIAL MEETING OF THE CITY
COUNCIL FOR PURPOSES OF RECEIVING RESULTS OF THE CITY
CANVASSING BOARD, DECLARING ELECTION RESULTS AND
ADMINISTERING OATHS OF OFFICE TO NEWLY ELECTED CITY
OFFICIALS; AMENDING SECTION 4.09 OF THE CITY CHARTER
PERTAINING TO BALLOTS; AMENDING SECTION 4.12 OF THE
CITY CHARTER PERTAINING TO ELECTION PROCEDURES IN THE
EVENT OF A TIE VOTE; PROVIDING THAT BALLOTS SHALL
CONFORM TO THE FORM OF BALLOTS PRESCRIBED BY THE
GENERAL ELECTION LAW OF THE STATE OF FLORIDA; PROVIDING
FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE
4
Regular City Council Meeting
'January 13, 1993
Page Five
CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING
SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR
SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE;
PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
93.024
Bid Award - City Manager's office Workstations
- Richards Carpentry - $1,957.00 (Staff
Recommendation dated 1/7/93, Bid Tabulation, DCD
Memo dated 1/6/93)
93.025
Request for Community Center - A/B - Hulce
Wedding Reception - 2/6/93 - 3 to 8 p.m. -
Permittee Susan Hulce DOB 4/30/53 - Security Paid
(city Clerk Recommendation dated 12/17/92,
Application)
93.026
Request for Community Center - A/B - Di Somma
Wedding Reception - 3/13/93 - 3:30 to 9:30 p.m. -
Permittee Carole DiSomma 4/29/37 - Security Paid
(city Clerk Recommendation dated 12/4/92,
Application)
93.027
Request for Community Center - A/B - Fraternal
Order of Police - Policeman's Ball - 2/27/93 -
8:00 p.m. to 12:00 a.m. - Permittee Joseph Scarpa
DOB 4/7/48 - Security Paid (City Clerk
Recommendation dated 1/6/93, Application)
93.028
Request for Community Center - Knights of
Columbus - St. Patrick's Day Dance - 3/20/93 -
7:00 p.m. to 11:00 p.m. - A/B - Permittee Charles
Pullara DOB - 2/24/32 - Security Paid (City Clerk
Recommendation dated 1/7/93, Application)
The City Manager read the consent agenda in its
entirety, including titles of Ordinance Nos. 0-93-02,
0-93-03 and 0-93-04 for first reading.
MOTION by Oberbeck/Reid
I would move that we approve the consent agenda
as presented.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 4-0 (Holyk - absent).
Regular City Council Meeting
January 13, 1993
Page Six
10. ITEMS ~ ~ ~ JANUARY 6. ~993 WORKSHOP
93.016/ A.
92.286
U.S. Fish and Wildlife - Pelican Island Day
.(Staff Recommendation dated ~ Petty Memo
dated 12121192. K~n~hen Me~o dated 12/28/92,
Whitmore better ~4~
Ron Harsh, 550 Bayharbor Terrace, Sebastian; Dorn
Whitmore, U.S. Fish & Wildlife Service; and Damian
Gilliams, 713 Layport Drive, Sebastian, urged
approval. Mr. Whitmore stated that refuge expansion
plans are no longer being considered and offered
$3000 to the City to fund the celebration. Mr.
Gilliams offered $200.
The City Manager noted that since Fish and Wildlife
has offered funding, if it is City Council's intent
to concur with the request, staff could work out
staff needs to fit the funding. He said approval is
not an implied approval of the proposed refuge
expansion.
A lengthy discussion followed. Mr. Whitmore offered
to provide volunteers for the celebration to
alleviate staff demands.
TAPE I - SIDE II (7:47 p.m.)
City Council discussion continued.
Mr. Oberbeck was excused from 7:57 p.m. to 7:58 p.m.
MOTION by Oberbeck/Corum
I would move that we approve the use of the
facilities at Riverview Park, Cavcorp property,
Stevenson property, the Yacht Club facility, and
close the Fellsmere Road extension east side and
accept the kind contribution of $3200 and utilize
that moneys to cover the cost of the festivities
for Pelican Island Day.
Mrs. Corum expressed concern that the city may make a
profit on the event due to the contribution.
ROLL CALL:
Mrs. Corum nay
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 3-1 (Corum - nay, Holyk - absent).
6
Regular City Council Meeting
January 13, 1993
Page Seven
The City Manager asked Fish and Wildlife to meet with
the Police Department to establish a plan as soon
as possible.
Mayor Powell called recess at 8:07 p.m. and
reconvened the meeting at 8:25 p.m. Ail members
present at roll call were present.
93.015
Fourth of Jul~ Committee - Request for Two-Da~
Event ~ Raise city Contribution to $8,000.00
~ Recommendati~ dated ~/30/92, Letter
~ 11/18/9~, Kinchen Letter dated 12/28/92,
Petty Memo dated 12 2_~ Hudkins Memo dated
12/28/92)
John Malek, Chairman of the Fourth of July Committee,
requested postponement on his recommendation for a
two day event and an increase to the city's
contribution to $8000, since he had just received
staff reports on the matter two days ago.
The City Manager recommended the item be postponed
to allow Mr. Malek to address staff concerns. City
Council concurred.
93.017/
92.262
Sub-~ease - Skydive Sebastian Inc. and Sebastian
Aero Services (staff Recommendation d.a~
12/29/92, Sub-lease Agreement)
Clay Price, Skydive Sebastian, Inc., addressed City
Council on the proposed sub-lease.
The City Attorney stated that revisions have been
made since Council has seen this proposed lease,
that staff will need to investigate who actually
holds the lease prior to execution of the lease, and
suggested that since the sub-lease is only for six
months, it be approved without an indemnification
clause at this time.
Discussion followed relative to regulations for drop
zones. The City Manager requested that he and the
Airport Manager be authorized to administratively
effect drop zone regulations with Skydive Sebastian.
TAPE II - SIDE I
Keith Miller, 961 Riviera Avenue, Sebastian,
addressed city Council on the matter.
7
Regular City Council Meeting
January 13, 1993
Page Eight
MOTION by Oberbeck/Corum
I would move to approve Sebastian Aero
Services to sub-lease a portion of their premises to
Skydive Sebastian, inc. and to allow Skydive
Sebastian, Inc. to commence commercial skydiving
activities immediately and for the signing of the
revised agreement by City Manager and staff as
required and this is subject to review and
designation of a drop area.
ROLL CALL:
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 4-0 (Holyk - absent).
93.018
Proposed JoB Description ~ ~ Technician
- Community D~velopmen~ (Staff Recommendation
dated ~ Job Description.)
The Director of Community Development presented the
request and discussion ensued relative to
job qualifications, duties and salary.
Following a brief discussion, it was the consensus of
City Council to direct staff to prepare a resolution
for the job description and establish a salary range.
93.013
Basketball-Re.~a~ion Areas ~Manaqer
Recommendation dated 12/22/9~, Cost Estimate
dated 12/22/92. Maps Under Sera_rate Cover)
Keith Miller, 961 Riviera Avenue, Sebastian; Tom
Bounds, 414 Layport Drive, Sebastian; Kay O'Halloran,
1401 Thornhill Lane, Sebastian, John Kanfoush, 1437
Seahouse Street, Sebastian; and John Malek, 2144 19th
Avenue, Vero Beach, addressed City Council on the
matter.
The city Manager presented staff's view of recreation
needs, including neighborhood basketball courts and
future tennis court clusters.
City Council discussion followed.
TAPE II - SIDE II (9:44 p.m)
Mr. Oberbeck was excused from 9:45 to 9:48 p.m.
8
Regular City Council Meeting
January 13, 1993
Page Nine
93.019
93.011
93.020
The majority of city Council concurred with
construction of two full courts and staff was
directed to come back with revised costs. The city
Manager recommended half courts and was directed to
look at the Tulip site and Tract E at Barber Street
and Skyline Drive.
Councilmembe~ Corum - Sebastian/U.S. Fish
Wildlife ~ntrance Signs .fDesi~n)
Mrs. Corum recommended placement of welcome signs at
the city limits funded by U.S. Fish and Wildlife.
She said plans for the placement are on hold at this
time in light of celebration planning and that she
will request at budget time to fund the signs.
Gol[ Course Op~ratiQD (city Manaqer
Recommendation dated 1/7/93. city Manager Memo
dated ~/21/92. Finance Director Memos dated
11/4/92 and ~1/9/92o Golf Course Mana eq~ ~emos
dated 11/12/92 and 11117/92, Faust Memo dated
Mayor Powell was excused from 9:58 to 9:59 p.m.
Henry Dolan, 444 Ponoka Street, Sebastian; and Thomas
Wojciekowski, 425 Peterson Street, Sebastian;
addressed City Council on Golf Course operations.
city Council discussion followed and it was the
consensus of city council to wait until a Manager/Pro
is hired before any operation changes are considered.
William ~arber, 1001 Genessee Avenue - ~uest to
Amend Code of Ordinances Section 18-27 Re~
Livestock, Fowl and Non-Domesticated Animals
(Direct0r .Q~ Community DeveloDment Rec0mm~dation
dated 12~ Barber Letter dated 12/9/92~
Enforcement Letter dated 11113/92, Section 18-27)
William Barber, 1001 Genessee Avenue, Sebastian,
requested amendment to certain provisions of Section
18-27 and the Director of Community Development
responded.
The city Attorney said he did not think rabbits as
pets are specifically prohibited under this code.
9
Regular City council Meeting
January 13, 1993
Page Ten
It was the consensus of City Council to place this
item on the next workshop to receive City Council
input to possibly revise the ordinance and to stay
enforcement of the code violation for Mr. Barber
until such time.
TAPE III - SiDE I (10:24 p.m.)
11. PRESENTATIg~S
None.
12. F~YOR ~ ~COUNCiL NATTERS
A. ~ Lonn%e R. Powell
Mayor Powell requested an item relative to allowing
garage sale signs at the next workshop.
B. Mr- Frank Oberbeck
Mr. Oberbeck spoke on Macho Industries proposal to
relocate a plant in the north county and recommended
that City Council advise the County Commission by
resolution that Macho adhere to regulations and that
monitoring be conducted by the County. He said he
had received a letter from the Sebastian Middle
School PTA supporting this.
MOTION by Oberbeck
I would move we extend the meeting 20 minutes.
Mr. Reid voted no to the motion.
Mayor Powell adjourned the meeting at 10:30 p.m. and
the following items were deferred to the January 27,
1993 Regular meeting.
C. Mrs. carolyn ~
D. Dr. Peter R. Holyk
E. Mr. Georg~ G_ ~.eid
13. CITY ATTORNEY MATTERS
10
· Regular City Council Meeting
January 13, 1993
Page Eleven
93.029/
91.221
93.030
14.
15.
CITY MANAGER MATTERS
A. Report on ~tilities Director Appointment (City
Mana eq~ Recommendation dated 1/7/93)
COMMITTEE REPORTS/RECOMMENDATIONS
A. PLANNING AND ZONING COMMISSION
1. Recommendation - Administration of Oath
(Staff Recommendation dated 1/7/93, P & Z
Memo dated 12/8/92, Proposed Resolution)
16.
OLD BUSINESS
None.
93.031/
92..2..60
93.032
17. NEW BUSINESS
RESO~ NO. R-93-01 - Adopt Agreement with
TRICO Insurance (Staff Recommendation dated
1/6/93, R-93-01, Agreement, Assistant Finance
Director Memo dated 10/26/92, Florida Municipal
Risk Reporter dated 9/18/92, city Attorney Memos
dated 9/28/92 and 12/12/92)
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING MEMBERSHIP IN THE
TRI-COUNTY RISK MANAGEMENT PROGRAM AND APPOiNTiNG A
REPRESENTATIVE AND ALTERNATE TO THE BOARD OF
DIRECTORS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE.
City Council Chambers Video Monitors (Staff
Recommendation dated 1/7/93)
INTRODUCTION OF BUSINESS By THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each speaker)
Four citizens had signed to speak.
Approved at the , 1993
Meeting.
City Council
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, City Clerk
11
I
City of Sebastian
I POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
I AGENDA FORM
SUBJECT:
Proclamation - Calling the
the March 9, 1993 General
Election
APPROVED FOR SUBMITTAL BY:
City Manager: ~/~L-
Agenda No. ~5.
Dept. Origin: city Clerk
Date Submitted: 1/6/93
For Agenda Of: 1/27/93
Exhibits: Proclamation
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Section 4.05 of the City Charter requires that all elections be
called ~y proclamation of the Mayor.
RECOMMENDED ACTION
No action required other than the reading of the proclamation by
the Mayor.
PROCLAMATION
ELECTION PROCLAMATION
NH~RP.~S, Section 4.05 of the Charter of the City of
Sebastian, Indian River County, Florida requires that all
elections shall be called by a proclamation of the Mayor;
and
W~q~F~B, the current terms of three City Council
members are scheduled to empire in March 1993; and
~HERP~S, the city Council, followlng public hearings
at its January 27, 1993 Regular Meeting, adopted
Ordinance Nos. 0-93-02, 0-93-03, and O-93-04, all of which
place certain referendum questions on the March 9, 1993
ballot.
NO~, THE1~EFORZ, i, Lonnie R. Powe11, by virtue of the
authority vested in me aB Mayor of the City of Sebastian,
Florida, do hereby proclaim that a general election of the
City of Sebastian for the three offices and certain
referendum questions will be held in the city of Sebastian
on the 9th day of March, 1993.
IN WITNESS ~HERZOF, I have hereunto set my hand and
affixed the seal of the City of Sebastian this 27th day of
January, 1993.
ATTEST:
Lonn~e R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
!
City of Sebastian
I POST OFFICE BOX 780127 r-, SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
AGENDA FORM
SUBJECT:
Resolution No. R-93-02 -
Designating Polling Places,
offices to be Filled and
Questions to be Decided
- March 9, 1993 General
Election
APPROVED FOR SUBMITTAL BY:
city Manager:
Agenda No.
Dept. Origin:
Clerks
Date Submitted: 1/6/93
For Agenda Of 1/27/93
Exhibits: R-93-02
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Section 4.07 of the City Charter requires that City Council adopt
a resolution, upon the calling of a general election, designating
pollin~places, offices to be filled and questions to be decided.
The March 9, 1993 general election will be called by proclamation
of the City Council, subsequent to adoption of ordinance Nos.
0-93-02, 0-93-03 and 0-93-04 and prior to consideration of this
item.
Resolution No. R-93-02 is presented for your consideration.
RECOMMENDED ACTION
Move to adopt Resolution No. R-93-02, designating polling places,
offices to be filled and questions to be decided at the March 9,
1993 general election.
RESOLUTION NO. R-93-02
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES
FOR A GENERAL ELECTION TO BE HELD ON MARCH 9, 1993, FOR
THE PURPOSE OF ELECTING THREE (3) CiTY COUNCIL MEMBERS
FOR TERMS OF TWO (2) YEARS AND PLACING CERTAIN
REFERENDUM QUESTIONS ON THE BALLOT; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 4.07 of the Charter of the City of
Sebastian, Florida, requires the City Council of the City of
Sebastian to adopt a Resolution upon the calling of an election
designating polling places, offices to be filled and questions to
be decided; and
WHEREAS, the Mayor of the City of Sebastian has called, by
proclamation, a General Election to be held within the City of
Sebastian, Indian River County, Florida on Tuesday, March 9,
1993.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows:
Section A. POLLING PLACES. That the four polling places
for the ~ity of Sebastian are as follows:
A. Precinct 12 ........ The Sebastian Community Center
1805 North Central Avenue
B. Precinct 14 ........ First Church of the Nazarene
50 South Wimbrow Drive
C. Precinct 15 ........ The North Indian River County
Library
1001 Fellsmere Road (CR 512)
D. Precinct 16 ........ Calvary Baptist Church
123 Thunderbird Drive
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Section 2. ELECTION OF OFFICERS. The terms of three (3)
Council members will expire in March 1993, therefore, a general
election will be held to elect three (3) Council members for terms
of two (2) years.
Section 3. REFERENDUM QUESTIONS. The City Council, at its
January 27, 1993 Regular Meeting, adopted Ordinance Nos. 0-93-02,
0-93--03 and 0--93-04, which place certain referendum questions on
the March 9, 1993 ballot.
Section 4. REPEAL. Ail Resolutions or parts of Resolutions
in conflict herewith are hereby repealed.
Section 5. EFFECTIVE DATE. This Resolution shall take
effective immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilman The motion was seconded by
Councilman
and, upon being put to a vote,
the vote was as follows:
Mayor Lonnie R. Powell
Vice Mayor Frank Oberbeck
Councilmember Peter R. Holyk
Councilmember Carolyn Corum
Councilmember George G. Reid
2
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
By: Lonnie R. Powell, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles~Ian Nash, City Attorney
I
City of Sebastian
I POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
I AGENDA FORM
SUBJECT:
March 9, 1993 General Election
APPROVED FOR SUBMI~_L BY:
) Agenda No. ~,~.0~
)
) Dept. origin: City Clerk
)
) Date Submitted: 1/6/93
)
) For Agenda Of: 1/27/93
)
) Exhibits: None
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: BUDGETED: $4000
REQUIRED:
SUMMARY STATEMENT
I am requesting formal approval of certain items regarding the March
9, 1993 general election, as requested by Ann Robinson, Supervisor of
Elections for Indian River County.
In accordance with her request, I request that City Council grant
formal approval for the Supervisor of Elections to conduct the
election and prepare the ballot, and authorize payment to the
Supervisor of Elections in the amount of $4000. Following the
election, there will be a total breakdown of costs presented and any
differences will be remitted at that time.
In accordance with Code of Ordinances Section 38-1 (b) Declaration o~f
intent b__y candidates; form of ballo~t, I will advise the Supervisor of
Elections that blank lines should be provided for write-in votes.
Since Indian River County will NOT have an election this year,
they will not be providing a canvassing board.
March 9, 1993 General Election
Page Two
i recommend, as in the past, that the City Council appoint, from
among its members, a Council member who is not a candidate for
office this year to represent the City Council on the Canvassing
Board the night of the election. The city Manager and I will be
the other members of the Canvassing Board on election night. The
full City Council will then accept the results of the election as
the Canvassing Board at the Special Meeting to be held on Monday,
March 15, 1993, prior to investiture of new members.
RECOMMENDED ACTION
Move to 1) grant formal approval for the Supervisor of Elections to
conduct the March 9, 1993 election and prepare the offical ballot in
accordance with Section 38-1 of the Code of Ordinances for write-in
votes; 2) authorize payment to the Supervisor of Elections in the
amount of $4000 to conduct the election; and 3) appoint a City Councilt
member to represent the City Council on the Canvassing Board on
March 9, 1993.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST FOR TIME EXTENSION
REGARDING MORCHESKY SANDMINING
OPERATION.
Approved For Submi~ ~
City Manager , ~
Dept. Origin: Community Development
(BC~
Date Submitted: 01/18/93
For Agenda Of:
01/27/93
Exhibits:
1.) Request for extension from
Henry Fischer dated 1/04/93.
2.) Application for special use
permit.
3.) Copies of continuation
certificates.
4.) Letter from Randy Mosby dated
1/08/93.
5.) Resolution # R-91-01.
6.) Extension approval from minutes
of City Council Meeting 8/12/92.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
City Council, at its regular meeting of January 22, 1991, approved
Resolution # R-91-01, which granted a sandmining operation for Janee
Morchesky. City Council, at its regular meeting of August 12, 1992, also
granted an extension of the special use permit for a one year period to
expire January 22, 1993.
The applicant has posted the necessary performance and restoration bonds
and has removed approximately 25,000 cubic yards of sand from the
property. These bonds are renewed annually and are due to expire on
June 3, 1993.
Staff has no objections to a 12 month time extension to be granted for the
applicant.
RECOMMENDED ACTION
Move to approve a 12 month time extension for the Morchesky sandmining
operation which will expire January 22, 1994.
FIcm-y Fi~che~- ~ $orm, Inc.
Land Clear~g · Top Quality Fill
P. O. Box 780068
Sebastian, Florida 32978-0068
(407) 589-3159
January 04, 1992
Mr. Bruce Cooper
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
Re: Morchesky Sandmine
Dear Mr. Cooper:
Henry Fischer & Sons would like to request a time extension for the
Special Use Permit for the Morchesky Sandmine.
I would like this extension for a period of one (1) year. I have
found it necessary to ask for this extension due to the slow ecomony in
the first half of 1992. The economy now seems to be on an upswing, so
a one year extension should be sufficient.
Thank you.
HAF/jg
Sincerely,
. Fischer
Vi ce-Pres i dent
HENRY FISCHER & SONS, INC.
APPLICATION FOR SPECIAL
In aooordanoe with Seotion 20A-2o6, Land Development Code, Ebe
permit in any diatrioE for a uae whiah is not provided for In ~he
zoning regulations. All suoh uses shall no~ be otherwise
illegal, and shall not be speoi£i~ally prohibited pursuan~ ~o the
oomprshensive plan or other applicable law:or regulations.
The City Council shall not grant any special use permit under
this session, unless It shall make findings'based upon the
l) The granting of the permit will not be detrimental to the
publi~ safe~y~ health or welfare or be incurious to
other properties or improvements within ~hs immedla~e
vicinity in which the property is looated! end
2) The use requested is aonsistenE with the purpose
intent of the respeotive district, and Gan be and
demonstrated to be similar in nature and oompatible with
the uses allo~ed in suah distriot.
The fee for a speaial uss permit is $150 {established by
Resolution No. B-$8-0gj, In addition the,epplioant must provide
the City Clerk,s offtoe with a list of the surrounding property
owners within a 200~ radius of the sub~eot property along with
the OPpropriate oertified return reoeipt ~ailing fee' [ourrently
$2.29 for U.S. mailing}.
NMq~ OF RPPLICANT~ Janee Ho~chesk,y
ADDRESS OF APPLIC~N?f 6032 No~th Island Ha~bo~ Road
,' Sebastian, Florida 32958
APPLIC&N? PBO~B [e _ _ . _
ADDRESS OF ~UB~C? pROPERTy.L N!A :
LEGAL DESCRIPTION OF BUI~1BCT PROPERTTt~ _
gONING OF SUBJECT PROPBRT~t Industrial
REASON FOB RBOUEST FOR 8PBCIA~ USE PERHI?t
Extension of current m4ntng perm4t - One Year - Reason: Bad economy - ~992
· I~E BUILDING OFFICIAL MAT I~OUIRE ADDITIONAL BACKUP INFORMATION
FOR C~RTAIN RA~UESTB
;~a~bre ~f APp]tcanr' '
January 11, 1993
Date
b=specuse'.app
1.4:07 P.O~.
!1
I
The Ohio Casualty Insurance Company' . t
136 North Third Sireel, Hamilton, Ohio 45025
CONTINUATION CERTIFICATE
IN CONSIDERATION of the payment of a pr~nium of $..2.3.0.:0._0
THE OHIO CASUALTY INSURANCE COMPANY hereby continues in force to .6~3../.9.3. ................
its bond No .... .2.-_8_5.5.7.47_0. ......... effective .... _6a/.3./~.1. ................................. on behalf of
...... ~3~..I~;r~esl~. ........................................................ , Principal, in favor of
..... -C~3r- ~ - $~.:i.~,. -~'~.ol;~-~]~ ......................................................... Obligee,
subject to all its terms, conditions and limitations as set forth and expressed in said bond.
This certificate is executed upon the express condition that the Company's liabiliv/under
said bond and this and all continuation celtificates i~sued in connection therewith shall not be cumulztive, and
shall not iff any event exceed the amount set forth in said bond, or said amount as it may have been increased
or decreased by any rider (s) or endorsement (s) properly issued by the Company.
ehu .................. aay of...auno ..............
THE OHIO CASUALTY INSURANCE COMPANY,
~ ......... . .~__:~_~_.~.~.~:~ ..........
0'O ~ ~tlZ'I'l~,..~ A'I'rORNEY.IN-FACT
S- 168a
MOSBY AND ASSOCIATES, INC.
2~,55 14TH AVENUE
P,O. BOX 6368
VERO BEACH, FLORIDA 32961
January 8, 1993
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
Post Office Box 127
Sebastian, Florida 32978-0127
Subject:
Morchesky Land Mine
Sebastian, Florida
Engineer's Project No. 92-137
Dear Mr. Cooper:
This letter shall serve as a request to extend the land
permit, for the subject project. To date, approximately
years of fill has been removed from the subject site.
Should yo~ requir
Ver y/.~t J~!/_~y/~ o u~r ~
,ti
e furtbe/r
information, please call.
mining
25,000
cc Mr. Hank Fischer
Ms. Jannee Morchesky
RESOLUTION ,,.NO. '.
A RESOLUTION OF TRE CiTY OF SEBASTIAN,
P~U~ TO SECTION 20~-R.6 OF THE ~ DE~P~ CODE
OF THE CITY OF SE~TI~ FOR A T~CT OF ~D
~PROXI~TELY 10 AC~S IN SIZE MO~ OR LESS, FOR CERTAIN
PROPERTY IN THE NORTH~T SECTION OF THE CiT~ OF
SEPTIC, ON THE ~ST SIDE OF T~ RI~HT-OF-WAY OF
DIXIE HI~AT ~ 1~0 FEET SO~H OF WOOD~ RO~ ~TED
iN SECTION 7, TO. SHIP 31 SO~, ~E 39 ~T, CI~ OF
SEPTIC; PROVIDING FOR CO~LI~CE WITH THE ~UI~S
OF THE ~ D~~ CODE OF THE CITY OF SEB~Ti~;
PROVIDING FOR THE I~OSITION OF CO~ITIONS FOR THE
ISSU~CE OF THE SPECI~ USE PE~iT; P~SCRIBIN~ A TI~
~EN THE SPECI~ USE PE~IT E~I~S; PROVIDING FOR ~P~
OF ~SOL~IONS OR P~TS OF ~SOL~IONS IN CO~LICT
HE~I~; PROVIDING A S~~ILITY C~USE ~ ~ PROVIDING
FOR ~ EFFECTI~ DATE.
WHEREAS, Jane T. Morchesky has applied for the issuance of a
special use permit for the mining of sand and soil materials from
a tract of land which is located in the City of Sebastian, Indian
River Count~, Florida; and
WHEREAS,
the Applicant has participated in various pre-
applicat~ion discussions with appropriate members of the City staff;
and
WHEREAS, the Applicant has obtained a permit from the St.
Johns River Water Management District to operate the mine as
requested in its application; and
WHEREAS, the City staff has determined that the Applicant's
application for a special use permit should be approved subject to
certain conditions; and
WHEREAS, at its regular meeting on August 16, 1990, the
Planning and Zoning Commission recommended approval of the
Applicant's request for the granting of a special use permit for
the mining of sand and soil materials from a tract of land the
Applicant owns located in the City of Sebastian; and
WHEREAS, the City Council has considered the recommendations
and comments of the Planning and Zoning Commission and the City
staff; and
WHEREAS, the City Council has conducted a public hearing after
compliance with the provisions of Section 20A-2.6 D of the Land
Development Code of the City of Sebastian to afford the input of
comments and evidence from all interested persons, citizens and
affected persons; and
WHEREAS, the City Council has determined that the granting of
the special use permit to the Applicant will not be detrimental to
the public safety, health or welfare or be injurious to other
properties or improvements within the immediate vicinity in which
the Applicant's property that is the subject of the special use
permit is located; and
WHEREAS, the City Council has determined that the use
requested by the Applicant, the mining of sand and soil materials,
is consistent with the purpose and intent of the zoning district
where the Applicant's property that is the subject of the special
use permit is located and is similar in nature and compatible with
the uses allowed in that zoning district.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TEE CITY
OF SEBASTIAn, INDIAN RIVER COIFI~TY, FL&)RIDA, ~hat:
Section 1. SPECIAL USE PERMIT. The application for the
issuance of a special use permit for the mining of sand and soil
materials submitted by the applicant, Jane T. Morchesk¥ for the
real property located in Section 7, Township 31 South, Range 39
East, City of Sebastian, Indian River County, Florida, being more
particularly described as follows:
The North 1/2 of the South 1/2 of Government Lot 2,
Section 7, Township 31 South, Range 39 East, less Old
Dixie Highway right-of-way. All the above situate in
Indian River County, Florid& and containing 10.08 acres
more or less.
AND ALSO
Beginning 772.092 feet South of the Northwest corner of
Lot 1, in Section 7, Township 31 South, Range 39 East,
said point being the intersection of the Westerly right-
of-way of old Dixie Highway and the West line of said Lot
1, Section 7, Township 31 South, Range 39 East; thence
South a distance of 217.08 feet; thence East a distance
of 98.30 feet to the said Westerly right-of-way of Old
U.S. Highway ~1; thence Northwesterly along said West
right-of-way a distance of 238.61 feet more or less to
the point of beginning. Containing 0.30 acres, more or
less.
LESS AND EXCEPT the South 103 feet of the North 990 feet
of Government Lot 1, lying west of Old Dixie Highway,
Section 7, Township 31 South, Range 39 East, said land
lying and being in indian R/var County, Florida.
is granted, subject to the requirements and conditions contained
in this Resolution.
Section 2.
CONDITIONS OF APPROVALAND CONTINUATION OF THE
SPECIAL USE PERMIT. The approval of the City Council of the
application of the Applicant for a special use permit that is the
subject matter of this Resolution and the continuation of such
special use permit until its expiration as provided for in this
Resolution is conditioned on the continuous satisfaction of, and
compliance with, the following requirements by the Applicant or its
successor~ and assigns:
A. Compliance with the provisions of all applicable
federal and Florida statutes, rules and regulations,
county ordinances and the ordinances and resolutions of
the City of Sebastian, including, but not by way of
limitation, Sections 20A-5.29 and 20A-5.30 of the Land
Development Code.
B. The providing of compliance and restoration bonds to
the City of Sebastian in a form, and for such amounts,
acceptable to the City.
C. The providing of Type A or natural landscaping
buffer/screening in accordance with the Land Development
Code.
Do Applicant shall cut down the grade of the property
in question by removing approximately 82,000 cubic yards
of sand in order to properly engineer and develop said
property.
Section 3. EXPIRATION OF THE SPECIAL USE PEP. MIT. The Special
Use Permit granted to the Applicant pursuant to this Resolution
shall expire at midnight on the 365th day following the passage of
this Resolution.
Section 4. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
4
Section 5. SEVERABILIT~. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section~. ~FFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
foregoing Resolution was moved for adoption by Councilman
~~ . The motion was seconded by Councilman
~/~&-~_- and, upon being put to a vote, the vote
was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
5
I The Mayor thereupon declared this Resolution duly passed and
Kathryn ~. O'Halloran, CMC/AAE
City Clerk
(Seal)
I HEREBY CERTIFY that notice of public hearing on thi~
Resolution was published in the Vero Beach Press Journal as
required by Section 20A-2.6 D.1 of the Land Development Code of
the City of Sebastian, Florida, that one public heari.n~ was held
' ' · n he ~' '
on th~s Resolution at 7.00 p.m. o t ~..~day of ~,
passed1991' andby thethatcityf°ll°wingcouncil.said public hearing this Re~lution~as
Kathryn~, 6~hallorah~ CMt/AAE
City Clerk
7
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I
Regular City Council Meeting
August 12, 1992
Page Eleven
The City Attorney said if Mr. DeCrtstofaro was
amenable to placing the barrier, on record, it
could be done in the form of a motion rather than by
resolution.
MOTION by Oberbeck/Reid
I move to approve the twelve month extension for
the DeCristofaro sandmining and require Mr.
DeCristofaro to erect some type of barrier on Georgia
Boulevard at the entrance to prevent the use of it
for ingress and egress onto that property.
It was noted that the expiration was ac~tually January
22, 1992, therefore the extension will begin on that
date.
Following a brief discussion, motion was changed and
seconded to change "some type of barrier" to "a
fence".
92.235/
9i.006
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
MOTION CARRIED 5-0.
Morchesky Sand~.ine - Twelve Month Time
Extension Request (Staff Recommendation dated
~/6/92," ~osby Letter dated 2/12/92 Application,
R-91-01) -.~ -.
MOTION by Oberbeck/Holyk
I would move that we approve a twelve month time
extension Morchesky sandmining operation expiring on
January 22, 1993.
Discussion took place on whether this property is
included in scrub 3ay habitat.
Mrs. Corum requested the Director of Community
Development to review the scrub 3ay map prior to roll
call.
Mayor Powell called recess from 10:05 to 10:10 p.m.
All members were present when the meeting reconvened.
11
Regular City Council Meeting
~ugust '12, 1992
Page Twelve
The Director of Community Development said the
subject property is included in the Scrub jay habitat
area, however, he read a letter from U.S. Fish and
tldlife dated Yeb~uary 11, }992, which determined
t~hat the property is not desirable habitat for scrub
jays. (see attached)
ROLL CALL:
Mayor Powell
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
aye
CA 'SO
O~e~ise on ~e Agenda - S~ aesolution No. R-89-30
L~it of ~en M~utes for Each S~e~er) ~
None.
18.
Being no further business, Mayor POwell
meeting at 10:16 P.m.
adjourned' the
Approved at the
_, 1992
Council Meeting.
12
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Contamination
Assessment Report
( "CAR" )
Approved for Submittal By:
City Manager
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
) Agenda No.
Dept. Origin
Date Submitted
ENG/P~
01-19-93
For Agenda of 01-27-93
Exhibits: City Engineer Memo
dated 1-15-93, DER letter
dated 12-3-92. Engineer
letter dated 12-29-92 &
12-30-92 Envirx work order
Authorization dated 12-10-92
SUMMARY STATEMENT
APPROPRIATION
REQUIRED:
Transamerican Environmental Inc, (Envirx) has provided a
proposal for out of scope services for additional work to
respond to the comments made by the Florida Department of
Environmental Regulation of their letter dated December
3rd, 1992. After I reviewed their proposal, I looked at
different alternatives to determine if their proposal
was fair and equitable. However, due to the liabilities
associgted with the preparation of the Conaminated
Assessment Report I feel that the City should accept their
proposal.
RECOMMENDED ACTION
Move to approve the additional services for work order
authorization prepared December 10th, 1992 and authorize
staff to issue a notice to proceed to Envirx.
City of Sebastian
POST OFFICE BOX 780127 s SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
DATE;
TO:
MEMORANDUM
January 19, 1993
Mayor and City Council
THROUGH: Robert S. McClary
City Manager
FROM:
Daniel C. Eckis, P.E.
City Engineer/Public Works Director
RE:
Contaminated Soil Report Out of Scope Services
Envirx/Transamerican Environmental, Inc. responded to our
request for additional services of work to respond to
comments received from the Department of Environmental
Requlations from Debra Metrin requesting the installation of
three additional monitoring wells to define the downgradient
edge of the plume.
I had reviewed their scope of services and compensation and
determined that their unit price for the installation of the
monitoring wells had increased from the original scope of
services. In addition, an environmental engineer to oversee
the monitoring installation was questionable since a field
technician would be used to collect the groundwater samples.
Subsequently, I requested a modification to their proposed
scope of services. They responded with a revised contract on
December 17th, 1992 for an adjusted price, approximately $500
less than the December 10th, proposal.
I contacted a local testing laboratory to discuss the scope
of services to determine if it would be possible to obtain
the same scope of services. I received a ball park figure
for the scope of services from the local vendor and
determined it would be economically beneficial to hire
another test laboratory. In a telephone conversation with the
Department of Environmental Regulation, I determined it would
be possible to go to an outside vendor to install the
monitoring wells and prepare an addedum to the contaminated
assessment report.
I copied this information to Transamerican Environmental and
their response would be that whoever the consultant would be
to prepare this addendum would have to accept full liability
for the entire contaminated assessment report and that they
would no longer be obligated to prepare the Remedial Action
Plan ("RAP"). They claimed this was determined from the State
Attorney General on the issue of professional liability
for the preparation of Contaminated Assessment Reports.
Therefore, I contacted Envirx to determine if they' would
still honor the out of scope services of the contract dated
for December 10th, 1992. They assured me that upon
notification they would commence installation of the
monitoring wells immediately. Envirx has been our
consultant for the duration of the soil cleanup and the
preparation of the contaminated assessment report. Therefore,
it would be my recommendation to proceed with Envirx for the
determination of the downgradient edge of the plume to
satisfy the DER.
It should be noted that the cleanup of contaminated sites
include several phases:
1) The cost of removal of the underground storage tanks
2) The removal and disposal of the contaminated soil
3) The cost of removal of contaminants from the ground water.
Of the three phases the remedial process for the cleanup of
the ground water will be the most costly ranging from two to
five times the cost of the contaminated soil disposal. Since
Envirx is close to the completion of the Contaminated
Assessment Report and the preparation of the Remedial
Action Plan should follow with completion in the close
future. - The report would provide the City a cost estimate
of the cleanup for the groundwater in a timely manner so that
it may be budgeted for fiscal year 93/94.
cc Debra Metrin
soil2.doc
Florida Department of Environmental Regulatio
Central District · 3319 M~ ~d, S~ 232 · Or.do, HoH~ ~3-3~'
~wton C~i~, Go~rnor Ca~l M, B~ner, See~
CEE.~IFIED
P-399-935-771
Robb McClary
City Manager
City of Sebastian
Post Office Box 780127
Sebastian, FL 32978-0127
OCD-TK-92-0386
Indian River County - TK/PC
City of Sebastian Maintenance Garage
FDER #318520271
Contamin~tiDn Assessment R~ort Review
Dear Mr. McClary:
The Department has reviewed the Contamination Assessment Report
received November 20 for the above-referenced site. In order to
meet the requirements of Chapter 17-770, Florida Administrative
Code (F.A.C.), the following comments must be addressed:
The downgradient edge of the plume is not sufficiently
defined. The level of contamination in MW-3 increased from
348 ppb VOA in October 1991 to 2210 ppb in October 1992.
Please respond within 20 days of the receipt of this letter.
may contact me at (407) 894-7555 if you have an questions.
You [
Please note, all supplemental contamination assessment related
document'S should be signed and sealed by a registered professional
in accordance with Section 17-770.500, F.A.C. The certification
should be made by a registered professional who is able to
demonstrate competence in the subject area(s) addressed within the
sealed document.
DBM/gw
Sincerely, . /
.,.. /' / /
..' J'.z...,/./~.' ~-' ,. ;., /,
Deborah B. Me~rzn, P.G.
Program Manager
Storage Tank/Petroleum Cleanup
cc:
Dan Eckis, City of Sebastian
Joe Chaparro, Transamerican Environmental, inc.
Charles Vogt, Indian River Public Health Unit (HRS)
Reo~'ied ~ Paper
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
December 29, 1992
Ms. Deborah Metrin
Department of Environmental Regulation
3319 Maguire Blvd Suite 232
Orlando, Florida 32803-3767
Dear Deborah:
Pursuant to our telephone conversation, December 29, 1992,
please find enclosed a request for proposal to provide three
additional monitoring wells and analyticals to respond to
your comment and letter dated December 3rd, 1992. Please be
advised that Envirx Environmental testing company had
provided out of scope services to the City to complete the
tasks necessary to respond to your comments. However, their
required compensation was considered unacceptable. Because
of our failure to negotiate for the out of scope services
that a time extension from your department would be necessary
for the city to hire another consultant to complete the
testing and prepare a report to your office. It is
anticipated that with City Council approval the bid waiving
that all the work could be completed within two months.
However, should City Council reject the bid waiving procedure
and we were forced to advertised for bid then the entire
process would take three months.
I apologize for the time delays that this project has been
experiencing. However, they were due beyond the City's
control and have been a direct result of our consultant.
If you ~ave any questions or need any additional information,
please feel free to contact me at this office.
Sincerely,
Daniel C. Eckis, P.E.
City Engineer/Public Works Director
DCE:lk
cc: Joe Chapparo
City of Sebastian
POST OFFICE 8OX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
December 30, 1992
Mr. Joseph Chapparo
Envirx
3900 N. 29 Avenue
Hollywood, Fi 33020
RE: Out of Scope Services
Dear Joe:
This letter is to inform you that you are not to proceed with
out of scope services for the installation of the monitoring
wells, analytical testing nor report preparation. The last
out of scope services for report preparatiion was estimated
at $735.00 and I have determined that the price quoted is
unacceptable.
Therefore, in the essence of time to respond to the December
3rd comments from the Department of Environmental Regulation,
I will be hiring a local consultant to install the additional
monitoring wells, conduct the analytical tests per EPA
methods 601, 602 and 418.1. It will be their responsibility
to determine the location of the monitoring wells to locate
the downgradient edge of the plume and prepare a report to
respond to the DER's comments.
Upon the completion of the report they will forward a copy
to the Department of Environmental Regulation as an addendum
to your contaminated assessment report. A copy then will be
forwarded to your office for your files. Upon acceptance of
the CARR, you will be instructed at that point to prepare a
remedial action plan.
Should you have any further questions or need any additional
information, please do not hesitate to contact me at this
office. ''
Sincerely,
City Engineer/Public Works Director
DCE:lk
EFFECTIVE: August 1, 1992
PERSONNEL COMPENSATION _~illllllll IIIII II
~ODE
01
02
03
04
05
06
O7
08
09
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
CLASSIFICATION
HOURLY RATE
Principal ......
Senior Chemlgli'~gi~eer'.]i]][il ....... i~[~'~]$. * 105.00100.00
Senior Environmental Engineer ...................... $ 90.00
Senior Industrial Engineer ......................... $ 75.00
Senior Civil Engineer .............................. $ 75.00
Chemical Engineer .................................. $ 75.00
Environmental Engineer ............................. $ 75.00
Industrial Engineer ................................ $ 75.00
Civil Engineer ..................................... $ 75.00
Professional Engineer ............................... $ 75.00
Professional Geologist ............................. $ 75.00
Certified Hydrogeologist ........................... $ 75.00
Project Manager .................................... $ 75.00
QA/QC Officer ...................................... $ 75.00
SAte Assessment Manager ............................ $ 70.00
Geologist .............. $ 60.00
Environmental ~gi~A~i~ ]]]]]l]]]. ] .... ]]]l]][l , 60.00
Graphics Designer .................................. $ 60.00
Sampling Technician ................................ $ 45.00
Field Technician ................................... $ 45.00
Administrative Assistant ........................... $ 40.00
Environmental Attorney ............................. $ 125.00
Expert Witness Consultation ........................ $ 100.00
Depositions .......... $ 150.00
ENVIRx
the prescription fvr the environ m eh!
TransAmerican Environmental, Inc.
ADDITIONAL SERVICES WORK ORDER AUTHORIZATION
DATE: December 10, 1992
PROPOSAL No.: P93-005VA
TO: Mr. Dan Eckis, P.E.
CITY OF SEBASTIAN
P.O. Box 780127
Sebastian, FL 32978
FROM: Adam J. Darrow
TransAmerican Environmental, Inc.
RE: TransAmerican Project No. VG0200
AS ~QUESTED, WE A~E PROCEEDING IN PERFO~ING T~E FOLLOWING SER"~ICHS WHICH WILL BE INVOICED TO YOU AT THE
P~OVIDED BELOW:
Based on comments made by the Florida Department of Environmental
Regulation (FDER) in their letter dated December 3, 1992, the
following work is proposed:
SCOPE OF SERVICES
Task 1: Monitoring Well Installation
CONSULTANT shall install a maximum of three' (3) fifteen
foot (15') shallow monitoring wells to further define
downgradient edge of plume.
Task 2:
Samplin~ and Analyses
CONSULTANT shall collect three (3) groundwater samples
from the proposed monitoring wells plus one (1) equipment
blank as required by TransAmerican's State approved
Generic Quality Assurance Plan No. 8906386. The samples
collected will be sent to an independent State-Certified
laboratory for analyses by EPA Methods 601, 602 and
418.1.
Task 3: Report Preparation
Following completion of the above tasks, CONSULTANT shall
prepare a report for the Site. This report will include
a description of procedures, laboratory results,
documentation, and a summary.
TransAmerican Environmental, Inc.
ENVIRx LTD, 3800 N. 29 AVENUE HOLLYWOOD, FLORIDA 33020
BROWARD (305) 920-2242 DADE (305) 930-1234 FAX (305) 920-9680 TOLL-FREE 1-800-68-TOXIC
Page 2
December 10, 1992
CITY OF SEBASTIAN
TransAmerican Environmental,
Inc.
Proposal No.
P93-005VA
COMPENSATION
Task 1: Monitorinq Well Installation
Three (3) monitoring wells installed
at $650/well .................................. $ 1,950.00
One (1) Environmental Engineer to oversee monitoring well
installation.
Estimated six (6) hours at $75/hr ............. $ 450.00
Drilling cutting collection, well development, drums and
consumables ................................... $ 250.00
Task 2: SamDlin~ and Analyses
Three (3) groundwater samples plus one (1) equipment
blank analyzed at $345/per sample ............. $ 1,380.00
One (1) Field Technician to collect groundwater samples
Estimated four (4) hours at $45/hr ............ $ 180.00
QA/QC officer review
Estimated one (1) hour at $75/hr ..............
75.00
Task 3: ReDort PreDaration
These services shall be performed on a time and materials
basis in accordance with the attached schedule of
charges.
Estimated fee ................................. $ 850.00
ESTIMATED PROJECT COST ........................ $ 5,135.00
Note: Upon receipt of the analytical results described
in Task 2 herein, a cost for soil cutting analyses and
disposal, if any, will be provided to CLIENT for
approval.
This Proposal is valid for twenty (20) days from date of issue.
Ail other terms and conditions shall be as set forth in our
August 7, 1992 Agreement.
Page 3 -
December 10, 1992
CITY OF SEBASTIAN
TransAmerican Environmental, Inc. Proposal No. P93-005VA
PLEASE EXECUTE AND
RETURN ONE COPY OF THIS ACKNOWLEDGEMENT FOR OUR FILES.
As to CONSULTANT
~.ERICAN ENVIRONMENTAL,
Arthur E.I Rubenstein
President ~ ,
Dated:
INC.
As to CLIENT
CITY OF SEBASTIAN
Name:
Title:
Dated:
AJD: rkh
~-' \Wl~5 I\PROPOSAL\P93- 005V
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
JOB DESCRIPTION FOR ZONING
TECHNICIAN (RESOLUTION R-93-04)
Approved For Submi~/~By: ~
City Manager , ~
) Agenda Number:
)
) Dept. Origin: Community Development
)
) Date Submitted: 01/18/93
)
) For Agenda Of: 01/27/93
)
) Exhibits: Resolution R-93-04
)
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of January 13, 1993, City Council directed staff to
draft a resolution adopting a job description for the position of Zoning
Technician. Staff is recommending this position to have a starting salary
of $10.64 an hour ($22,131 annual) and a cap of $13.19 an hour ($27,435).
This classification is the same as Engineering Technician and Computer
Operator.
RECOMMENDED ACTION
Move to approve Resolution R-93~04.
RESOLUTION NO. R-93-04
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF ZONING TECHNICIAN; PROVIDING FOR THE
INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF
SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Community Development Department has been
impacted by the unfunding of the City Planner position; and
WHEREAS, the position of Zoning Technician is necessary
to assist the Director of Community Development.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Sebastian, Indian River County, Florida, as follows:
SECTION I. The job description for the classification
of Zoning Technician, attached hereto as Exhibit "A" is
hereby adopted.
SECTION II. The City Clerk is hereby directed to supply
a copy of this job description to the Mayor and members of
the City Council and all department heads for inclusion in
the Standard Operating Procedures for the City. The City
Clerk shall note the number and date of this Resolution on
said job description.
SECTION III. All Resolutions or parts of Resolutions in
conflict herewith are hereby repealed.
SECTION IV. This Resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember
Councilmember
vote was as follows:
. The motion was seconded by
and, upon being put to a vote, the
Mayor Lonnie R. Powell
Vice Mayor Frank Oberbeck
Councilmember Peter Holyk
Councilmember George Reid
Councilmember Carolyn Corum
The Mayor thereupon declared this Resolution duly passed
and adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
BY:
Lonnie R. Powell, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
Approved as to Form and Content:
Charles I Nash
City Attorney
JOB DESCRIPTION FOR ZONING TECHNICIAN
MAJOR FUNCTIONS:
Highly responsible administrative staff position working directly
for the Director of Community Development. Work is performed with
considerable independance, but is subject to executive directions
by the Director.
ILLUSTRATIVE DUTIES:
3.
4.
5.
6.
Serves as a project coordinator for special projects assigned
by the Director.
Updates zoning a land use maps.
Determines land use and zoning classification of property.
Coordinate new and changed addresses with the 911 Coordinator.
Advises general public of land use regulations.
Performs related work as required.
MINIMUM QUALIFICATIONS:
1. Knowledge, Abilities & Skills
a®
Strong oral and written communication skills.
Basic drafting skills.
Ability to administrate and carryout special projects as
assigned by the Director.
2. Education & Experience:
Graduation from high school or equivalent certification.
Three (3) years of progressively responsible experience
in public contact work or an equivalent combination of
formal education and working experience.
zontech.wp
I City of Sebastian
I POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: )
REQUEST TO REMOVE SPECIMEN TREE )
FROM WALTER GOLEMBESKI/LONG iSLAND )
TREE SERVICE, CONTRACTOR. )
)
Approved For Submittal By: )
- )
City Manager ~ J/~-~ ' )
)
)
)
Agenda Number:
Dept. Origin: Community Development
Date Submitted: 01/07/93
For Agenda Of:
01/27/93
Exhibits:
Application for Tree Removal dated
01/06/93
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Pursuant to the City Council's direction at its regular meeting of May 22,
1991, the City of Sebastian Building Department requires a tree removal
permit to be obtained prior to removal of trees. The applicant, Walter
Golembeski, is requesting removal of a specimen tree on a property at 660
Forster Aven~re (Lots 9 & 10, Block 47, Sebastian Highlands Unit 2). The
tree is located next to the house and Mr. Golembeski is concerned that it
may damage his home during a storm.
RECOMMENDED ACTION
Move to approve the removal of one pine tree over 20 inches in diameter
located on Lots 9 & 10, Block 47, Sebastian Highlands Unit 2.
N01" I~J
-
CiTY OF SEBASTIAN / APPLICATION FOR CLEARING AND
REMOVAL AND/OR RELOCATION OF TREES --
LOT NO.: 9 kid BLOCK NO.: ~7 UNIT NO.: ~-
,,
CONTRACTOR:
ADDRESS:
PHONE:
SUB-CONTRACTOR:
ADDRESS:
PHONE:
ZIP:
ZiP:
REASON FOR THE PERMIT:
ADDRESS
PHONE NO.
I certify that all the foregoing information is accurate and ~O ~OiJ
that all work will be done in compliance with the Land
Development Code ( Article XIV )
Signature
APPLICATION MUST INCLUDE:
1.
On a survey, locate all specimen trees (20 inch
diameter or more). Indicate which trees to be
removed and/or relocated, Indicate the species of
each tree. All specimen trees (20 inch diameter or
more) to be removed or relocated must obtain the
approval of the Sebastian City Council. A survey
indicating all improvements must be submitted in
relation to the removal of the specimen trees.
Applicant mu~t tag all specimen trees with a bright
ribbon around the tree approximately 6 feet above
the grade·
Office Use Only
SITE INSPECTION BY:/~ DATE:~/7/~
APPROW. D t OR PERMiWi YES:
MUST OBTAIN CITY COUNCIL APPROVAL: YES: ~__ ~?_:
IF YES, DATE OF CiTY COUNCIl, APPROVAL: ~-2/" ~-~-~'~
.... %, (
rOUND IRON RO~ O'8~T IflON ROD WiTH CAP P.L.$ No. 1781 &-FOIJND NAIL AND DI~K ~ ' . NAIL AND OIgK
....... dS,,.~',SE~L HUGH J. SMITH ~ND SU~EYINO. INC.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:
Seed and Mulch
Outfall Ditch
Block 457
Approved for Submittal By:
City Manager
EXPENDITURE
REQUIRED:
) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
, ) For Agenda of
) Exhibits:
)
AMOUNT
BUDGETED:
ENG/PW~
01-21-93
01-27-93
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian, Public Works Department has
cleared an overgrown drainage ditch along Block 457
approximately 1,800 feet in length by 60' feet wide,
including four side lot drainage ditches. The work
is now complete and will require seed and mulch. The
City in the past has used Nail Farms exclusively,
because they are the only source. In private practice, it
was my experience in the Brevard County area that Nail
Farms was used exclusively because they were the only
company that did seed and mulch.
The ~itch is approximately 102,077 sq ft which @
$0.03 per SF would require an expenditure of $3,083.
Because Nail Farms is a sole source for seeding and
mulching and the ditch needs to be completed as soon as
possible to prevent ditch bank erosion I recommend that
they be permitted to seed and mulch the side slopes and
top of bank of this outfall ditch.
Pursuant to City Code Section 2-64 (3), "The City Council
may waive the bidding procedure on specific contract for
good cause."
RECOMMENDED ACTION
Move to approve a waiver of normal bidding procedures
and approve the expenditure of $3,083. to Nail Farms
for seed and mulch of the outfall drainage behind Block
457, Unit 10 Sebastian Highlands.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Bid award Mowing
Contract
i Approved for Submittal ~y:
City Manager
EXPENDITURE
REQUIRED:
Dept. Origin ENG/P
Date Submitted
For Agenda of 01-27-93
Exhibits: Bid Tabulation
AMOUNT
BUDGETED:
1-19-93
SUMMARY STATEMENT
APPROPRIATION
REQUIRED:
A Bid opening for mowing of rights of way and
drainage ditches was held on January 19, 1993 at 2:00
P.M. in the City Clerk's office. The results of that bid
have been tabulated in the attached bid tabulation form.
There were two apparent low bidders Palmetto Tractor for
units 1, 2, 3 & 4, 6, 8 & 10 N and E, unit 11 East and
West, 13, 14 and 15. Henry Fischer was apparent low
bidder on units 5, 10 W and 11 Central.
RECOMMENDED ACTION
Move to approve award to multiple vendors as indicated
on bid tabulation sheet.
o 3 ,,°
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
BID TABULATION
CITY OF SEBASTIAN
BIDS DUE January 19, 1993
2:00 P.M.
UNITS
1
2N
L.I. Kevin Palmetto Henry
Tree Sty Rice Tractor Fischer
5000. 6000. 500. 849.
5989. 4000. 625. 970.
Award
Palmetto
Palmetto
2 S 5550. 4000. 750. 825.
3 & 4 5025. 6000. 700. 870.
5 4225. 5200. 600. 499.
6 3100. 3900. 400. 649.
8 & 10 N 6550. 4700. 875. 974.
Palmetto
Palmetto
Fischer
Palmetto
Palmetto
10 E
10 W
11 E
11 C
11 W
13
14 & 15
3562. 2500. 400. 874.
8500. 3500. 1000. 974.
4475. 1900. 500. 799.
7425. 3500. 1125. 874.
4800. 1900. 625. 749.
5725. 2400. 500. 849.
8445. 4700. 850. 974.
Palmetto
Fischer
Palmetto
Fischer
Palmetto
Palmetto
Palmetto
NO OTHER BIDS WERE RECEIVED
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Sod Supply/Install
Bid award
Approved for Submittal By:
City Manager
) Agenda No.
)
)
)
)
)
)
)
) Exh£bits:
) Form
)
)
Dept. Origin
Date Submitted
01-12-93
For Agenda of 01-27-93
Bid Tabulation
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Bids were opened and read aloud on January 12, 1993 at
1:30 p.m. in the City Clerk's office. Four bids were
received as listed on the Bid Tabulation Form attached.
The apparent low bidder Palm City Sod required a
commitment to complete the sod installation within 5 days
which did not meet the bid specification requirements.
The previous year we had used Palm City and had problems
with not only delivery schedules but with the quality of
material and installation. Palm City had provided the
sod for the Sebastian Police Department. This department
had received numerous comments on the quality of that
sod that was installed.
The next apparent low bidder would be Sod Laid. However,
their price did not include the cost for installation
plus there would be an additional $30.00 for each drop
unless there was a delivery of at least 7 pallets or
more.
The next apparent low bidder was B & T Sod Inc., a
telephone conference was held and the price did include
the cost of installation without a minimum pallet
requirement.
B and T has provided sod for the City in the past and we
have had great success with their service, quality of
material, and installation. In addition, their sod
installers will rake the areas to a proper grade prior to
the installation. This was not the case with other
companies that have laid sod in the past.
RECOMMENDED ACTION
Move to award the Sod Contract to B and T Sod Company.
for Fiscal year 92/93.
i City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
BID TABULATION
CITY OF SEBASTIAN
VENDOR
BIDS DUE January 12, 1993 1:30 P.M.
BAHIA FLORATAM/ BERMUDA
ST AUGUSTINE
$/SF $/SF $/SF
0.15 0.20
B AND T SOD 0.115
SOD LAID 0.10 0.12 0.18
S.FLORIDA
GRASSING
PALN CITY
SOD INC
0.15 0.24 0.262
0.09 0.14 0.20
REMARKS
1-3 DAYS
DELIVERY
$30.00 PER DROP
NO INSTALLATION
INCLUDED
2 DAYS
5 DAYS
City of Sebastian
POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 rn FAX (407) 589-5570
SUBJECT: Sign Machine
Approved for Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
ENG/P~
01-12-93
For Agenda of 01-27-93
Exhibits: Bid Tabulation
EXPENDITURE
REQUIRED: 87,050.
AMOUNT APPROPRIATION
BUDGETED: $10,000 REQUIRED:
SUMMARY STATEMENT
One bid was received from Greco Manufacturing. I have
reviewed the manufacturer's specifications and have
determined that all requirements set forth in the bid
specifications have been met.
RECOMMENDED ACTION
Move to award 4' x 6' sign machine to Greco Manufacturing
for $7,050.00.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
CITY OF SEBASTIAN
BIDS DUE January 12, 1993 1:30 P.M.
CONTRACTOR../VENDOR ITEM DESCRIPTION
Greco Manufacturing Si~n Machine 4' x 6'
NO OTHER BIDS WERE RECEIVED.
TOTAL
$7,050
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
SUBJECT:
PANTHER YOUTH
TO UTILIZE SCHUMANN PARK
Approved For Submittal By: ~
City Manager ~
TELEPHONE (407) 589-5330 [::] FAX (407) 589-5570
REQUEST FROM SEBASTIAN )
SPORTS ASSOCIATION )
)
)
)
)
)
)
)
)
)
Agenda Number:
Dept. Origin: Community Development~
(BCX'IS_
Date Submitted: 01/20/93
For Agenda Of: 01/27/93
Exhibits:
1. Letter from Jill Frost received
1/20/93.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Sebastian Panther Youth Sports Association is requesting permission to
utilize Schumann Park on February 6 and 7, 1993, to conduct a garage and
baked sale fund raiser for their organization.
Move to approve
Association.
RECOMMENDED ACTION
the request from Sebastian Panther Youth Sports
Sebastian Panther
Youth Sports Association I
P. O. Box 781624
Sebastian, Florida 32978-1624 , I
I
I
I
I
I
I
i
I
I
I
I
I
I
I
i
I
I
St. Sebastian Carnival Committee '
9905 Holly Street
Micco, Florida
January 14, 1993
Honorable Mayor Powell and Council Members,
As Chairmen of the annual St. Sebastian Carnival, I am asking you to
waive the city permit fees. The carnival will run from Thursday,
February llth through Sunday, February 14th. This year the carnival
will be held on the grounds of the church. If you have any questions
please feel free to contact me at 664-0470. Thank you for your help.
Cordially Yours,
Eugene Dernbch, Chairman
-
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST FROM SEBASTIAN FIRST
CHURCH OF THE NAZARENE TO UTILIZE
RIVERVIEW PARK
Approved For Submittal By:
City Manager /~/~
Agenda Number:
Dept. Origin: Community Development
Date Submitted: 01/21/93 (BC,/~.
For Agenda Of:
Exhibits:
1.
01/27/93
Letter dated 1/21/93 from Pastor
Ed Eby
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Sebastian First Church of the Nazarene requests the use of Riverview Park
to host a picnic and concert on March 28, 1993. All of the activities
will be concluded by 5:00 P.M. They are also asking the City Council to
waive the security deposit for the use of the park.
RECOMMENDED ACTION:
Move to approve the request of the Sebastian First Church of the Nazarene
to utilize the Riverview Park on March 28, 1993 subject to the following:
$100.00 Security Deposit. (Delete if waiver is approved)
No vehicles within the park.
Applicant to provide sufficient waste receptacles and clean up after
event.
No alcoholic beverages are permitted within the park.
All displays must be clear of the sidewalks and entrance ways.
Applicant must contact the Health Department regarding the sale of
food.
SEBASTIAN FIRST
CHURCH OF THE NAZARENE
January 21, 1993
Attn: City Council
RE: Praise in the Park
Sebastian First Church of the Nazarene requests the use of
Riverview Park to host a Concert on March 28, 1993. We will begin
with a picnic at approximately 11:30 A.M. and the concert will
begin at 2:00 P.M. All of the activities will be concluded by 5:00
P.M.
Per council discussion in regard to our last concert, we ask.you to
consider the waiver of the security deposit for the use of the
park.
T~nk you for your consideration,'
Pastor Ed Eby /
PASTOR - Ed Eby · 50 S. Wimbrow, Sebastian, FI 32958 · (407) 589-4935
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [~ FAX (407) 589-5570
SUBJECT: REQUEST OF LETTER OF )
NON-OBJECTION FROM INDIAN RIVER )
COUNTY REGARDING PRESERVATION 2000 )
PROGRAM )
Approved For Submittal By: )
City Manager
Agenda Number: ~, ~)~~/. 3~0
Dept. Origin: Community Development
Date Submitted: 01/21/93 (BC~ -
For Agenda Of: 9~/27/93
Exhibits:
1. Letter dated 12/14/92 from
Roland DeBlois
2. Application for Preservation
2000 Program
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of December 18, 1991, staff presented to City
Council a Florida Community's Trust Preservation 2000 Grant Application
for a scru~ habitat located in the northern portion of Sebastian. The
City Council denied the request from staff and no further action was
taken.
The County Land Acquisition Advisory Committee (LAAC) has tentatively
approved a Sebastian site to submit for matching funds under the
Preservation 2000 Grant contingent upon no objection from the Sebastian
City Council. Although the City Council has no real authority in stopping
this proposed grant, Indian River County has an obligation to coordinate
this type of matter with the City.
This property is approximately 66 acres and is currently zoned Industrial.
Staff's only concern is regarding the existing 100 foot right-of-way for
Gibson Street. This right-of-way is critical in the City's overall
traffic circulation. Mr. Roland DeBlois has agreed that the existing
Page 2
right-of-way for Gibson Street would not be abandoned. Since
of-way is projected to be a major collector with a maximum
feet, staff would not object to the abandonment of 20 feet.
RECOMMENDED ACTION
Review the request from Indian River County.
this rightj
width of 80
Telephone: (407) 567-8000
December 14, 1992
BOARD OF CO UNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
Bruce Cooper, Director
Community Development Department
Sebastian City Hall
1225 Main Street
Sebastian, FL 32958
RE: Sebastian Scrub Sites;
LAAC Review for Potential Acquisition
Suncorn Telephone: 224-1011
Dear Bruce:
I am writing as follow-up to our discussion concerning the above
referenced matter. Please find enclosed information on the
Sebastian scrub sites presently under review by the County Land
Acquisition Advisory Committee (LAAC).
The LAAC may end up eliminating one or more of the sites from
consideration over the next month or two of review. Any comments
you have concerning any of these properties would be appreciated.
One site in particular is being considered for submittal to the
state for matching funds under the Florida Communities Trust (FCT)
program. The !80 acre site owned by Atlantic Gulf Communities at
the northern limits of Sebastian appears to have characteristics
suited for FCT funding approval. The local match would be
forthcoming from the recently approved land acquisition bond
referendum.
The LAAC and the Board of County Commissioners has tentatively
approved-county staff's submittal of the Atlantic Gulf Communities
site for FCT funds, contingent upon no objection from the Sebastian
City Council.
For this reason, I would like to schedule this matter before the
City Council in the next few weeks. The application submittal
deadline is January 15th, so I need to schedule the item before
that time. As we discussed, the regular meeting of the Council on
January 6, 1993 would be appropriate.
Sebastian Scrub Acquisition
Page 2
As you know, the Florida Communities Trust program is in place
largely to assist local governments in implementing the policies of
their comprehensive plans. For this reason, in preparing the AGC
site application, I will need to coordinate with you closely to
evaluate the site acquisition from the standpoint of how it would
serve to promote the policies of the Sebastian Comprehensive Plan.
Please contact me to discuss this matter so that I may move forward
in bringing this matter before the City Council, and in preparing
the application before the submittal deadline. My phone number is
567-8000, extension 258.
Sincerely,
Roland DeBlois, AICP
Chief, Environmental Planning
cc: Robert Keating
u\r\r\sites.b
2
FLORXDACOMPlUNXTXES TRUST
PRESERVATION 2000 PROGRAM
APPLICATION FORM
FCT/P2000-2
PROJECT NAME
APPLICANT NAME
Sebastian Scrub
Indian River County
Address of applicant's principal offices
Indian River County
Planning Division
1840 25th Street
Vero Beach, FL 32960
City of Sebastian
Community Development Depart.
1225 Main Street
Sebastian, FL 32958
PARTNERSHIP APPLICATIONS
Is this a partnership application between two or more local
governments as described in Rule 9K-4.0031(13), F.A.C.?
X
Yes
No
If yes, attach to the application a list of each of
the application partners and their addresses;
(See the principal office addresses above)
KEY CONTACT PERSON Roland M. DeBlois, AICP
Title
Chieft Environmental Planninq.
Contact person's mailing address
1840 25th Street
Vero Beacht FL 32960
Contact person's delivery location (if different)
PHONE .(407) 567-8000t X 258; SUNCOM 224-1258; FAX (407) 770-5095
FCT/P2000-2
TOTAL ACREAGE 66 acres ~
Indicate the exact acreage if known. Otherwise, estimate t~e
acreage to two si~nificant digits (e.~g., 3.1 acres, 35 acre~./ 12!
acres).
OWNERSHIP
Number of separate parcels within project site:
One parcel; one owner
PROJECT COSTS
Estimate the..., project costs as defined tn Rule 9K-4.002(31),
F .A.C.
Cost to purchase land
Cost of appraisal map(s) or certified survey(s)
Cost of appraisals
Cost of title insurance
Cost of environmental audit(s)
Fees or commissions
ESTIMATED TOTAL PROJECT COSTS
65,,0,000
30,000
$ 7,000 ;.
$ 8,000
$ 2,000
$ N/A
$. 697.,.000 I.
Amount of award requested from FCT
Amount or value of local match
(as defined in 9K-4.0031(9), F.A.C.)
ESTIMATED TOTAL PROJECT COSTS
$ .348~500
$ 3 9,5oo
$ 697,000
Perce~t of local match 50 % I
(percent of estimated total .project costs to
be contributed b~ the local government)
Percent of award from FCT 50
(percent of estimated total project costs to
be contributed by the Florida Communities Trust)
Specify the form(s) and source(s) of local match or payback strate~
for loan.
Source: 526 million environmental lands acquisition bond rgferendu~
recently approved by indian River County voters. A first series
bonds is slated to be issued in February/March 1994.
FCT/P2000-2 2
, TYPE OF AWARD REQUESTED
What type of award is requested in accordance with Rule 9K-
4.0031, F.A.C? (gheck only ope).
X
award of 50% or less of the pro~ect costs from FCT.
award of more than 50% of the project costs from FCT.
Area of Critical State Concern Counties - award of 50%
of the project costs from FCT.
Award for which no local match is required (up to 100%
award of project cost from FCT).
(Note: These awards are available only to cgunty government~
with apoDula%~on of 50~000 or fewer and municipalities with
a population of 5,000 or fewer.)
POPULATION
(Most recent estimate of resident population and source of
the estimate.)
loan
loan for a environmental mitigation land acquisition
program.
loan for a recreational improvement land acquisition
program,
FCT/P2000-2
3
PROJECT INFORMATION
,. !
PROJECT PURPOSE AND OBJECTIVES
[Rule 9K-4.0031(10)&(13) and Rule 9K-4.004(4)(~)3., F.A.C.]
Purpose and Objectives
Indian River County is proposing public acquisition of the Sebastian
Scrub site in cooperation with the City of Sebastian for the purpose
of furthering a number of County and City objectives, including:
Conservation of native upland plant com~untties;
Protection of environmentally endangered lands and the habitat of
rare and threatened species;
Enhancement of disturbed native plant communittes~
Provision of open space in the county urban service area;
Provision of compatible passive recreation and outdoor
educational facilities in the urban service area~
Conservation/protection of land designated as a primary recharge
area of the surftctal aquifer; and
Conservation of lands designated as 100-year floodplain, for
purposes of stormwater/flood control.
Justification
The Sebastian Scrub project site is approximately 66 acres in size,
~_i!_!~!~d:~n th~ n~r}h ~astal zone of Indian River County. The
, =v.=a~n~ approxima=eiy ii acres gl coastal xeric oak and sand
pine scrub, including approximately 20 acres of freshwater marsh. The
site is p~rtlcularly important from the ecological standpoint, in that
the site supports listed rare species, including the Gopher tortoise
and federally threatened Florida scrub Jay.
Moreover, the site is within 1/2 mile of other remaining scrub in the
City of Sebastian area, which is recognized by the Florida Game and
Fresh Water Fish Commission (GFC) as supporting one of the largest
populations of scrub jays on the east coast. Protection of the site
by means of public acquisition would substantially complement xeric
~bD~l:;~:~d(~}~;;v~i~t~nlO~fc~nservatton -. part of a Planned
~ P egtonal Impact (DRI)
abutting property to the southwest. Moreover, the project st~ would
complement other regional coastal scrub protection/acquisition
programs in nearby Brevard County and elsewhere in Indian River
County, by adding another "link" of protected scrub land in the
coastal scrub regional corridor.
~FCT/P2000-2
I!
As reflected in the goals, objectives and policies of their
comprehensive plans, Indian River County and the City of Sebastian
recognize the importance of conserving native vegetative communities,
particularly native vegetation areas serving as habitat for rare
species. Acquisition of the Sebastian Scrub site will further
comprehensive plan goals, objectives and policies in this category.
In addition, the acquisition of the Sebastian Scrub site will further
the county's and the city's objectives to provide open space and
passive recreational facilities within the urban service area of the
county. Theproject site ts not far from a newly opened Environmental
Learning Center, and the site wtll provide an excellent field lab for
the Learning Center's child and adult environmental education
programs. Once acquired, the Sebastian Scrub site will provide one of
the few public access areas to xeric scrub habitat in the county.
I Intended Site Use and Improvements
The proposed use of the property is resource enhancement and
I management by means of exotic species removal, wetland enhancement,
and phased prescribed burning, with compatible passive recreation
facilities in the form of parking and restrooms, nature trails, picnic
i facilities, wetland observation boardwalks, and informational
displays. Although the project is located within the City of
Sebastian, it is planned that recreation and resource management will
be the responsibility of the County, including fiscal responsibility.
I A resource management plan for site.resources will be drafted by
county environmental planning staff in coordination with the City of
I Sebastian and regional offices of the and Freshwater Fish
Florida. Game
Commission and the State Division of Forestry
CONPREHENSIVE PLAN IMPLEMENTATION -
[Rule 9K-4.003i('13) and Rule 9K-4.004(4)(b)5., F.A.C.]
The Sebastian Scrub project as proposed will assist the City of
Sebastian and Indian River County in implementing a number of
comprehensive plan goals, objectives and policies relating to
recreation and open space, conservation, coastal management, and other
comprehensive plan elements.
Following ts a capsule summary of applicable County and City goals,
objectives, and policies. (A full copy of the applicable goals,
objectives and policies is provided in Appendix 2 of this
application.)
Sebastian Policy 1-3.6.9 - Intergovernmental coordination with
Indian River County concerning the protection and management of
natural resources.
Sebastian Policy 1-3.6.3 - Protection of the habitat of rare and
endangered species.
FCT/P2000-2 5 ~
City of Sebastian
POST OFFICE BOX 780127 [2 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
PLANNING & ZONING COMMISSION
RECOMMENDATIONS REGARDING CHANGES
TO HOME OCCUPATIONAL LICENSE AND
MEMBERSHIP REQUIREMENTS FOR THE
PLANNING & ZONING COMMISSION
Approved For Submittal By:
City Manager ~"
) Agenda Number: ~.0~
)
) Dept. Origin: Community Development
) (BC)~
) Date Submitted: 01/18/93
)
) For Agenda Of: 01/27/93
)
) Exhibits: Memo dated 11/20/92 from
) Planning & Zoning Commission
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of November 19, 1992, the Planning & Zoning
Commission recommended to the City Council that Section 20A-6.1 (C)(14)
of the Land Development Code regarding home occupational licenses be
amended to include the following:
No-home occupational license can be approved if any
other violations exist at the applicant's residence.
The Commission also recommended a change to Section 20A-11.3 (A)(3) of the
Land Development Code regarding the Planning & Zoning Commission as
follows:
The two year requirement serving as a regular member
for chairman be reduced to one year and that the
chairman and vice chairman terms be limited to one year.
RECOMMENDED ACTION
Review Planning & Zoning recommendations.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
November, 2(])~ !992
Mayor and City Council
FROM:
RE:
Pl ann';.ng and Zoning Commi~.~siion~.
Ac:tions I:)y Commission
At their peqular'.., mee'Licc~ on November 1,9~ ~c~2 the 4ol]owir-~g
act 5. OHS we?e taken:
A mo+'ion_ to recommend that the '~ar.d~ Bevelopmemt Code be
changed to include {he followiqg: NO HOME OCCUPATIONAL
LIkeWISE CAN BE APPROVED IF ANY OTHER VIOLATIONS EXIST AT THE]
This motion passed unanimously.
A motior; to change the membership pecluir'emE~.r'~t section to
include the f,':~l l owir"~g: The two year' r'eouipement serving as a
r'e&~ular' member- *Fo~ chair'mar~ be ~ec:lucec¢ to one year' and 'Lhat
cha:i.r'rc,ar",, ar'-,.c; vice chai.c, rt~an 'te,-'ms t')e i '~.m:i.t. eci 'Lc) one year'..
RESOLUTION NO. R-93-06
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DECLARING ITS NON OBJECTION TO THE
RELOCATION OF MACHO PRODUCTS, INC., TO NORTH INDIAN
RIVER COUNTY; REQUESTING THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY TO ESTABLISH A
MONITORING AND ENFORCEMENT PROGRAM; AUTHORIZING AND
DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF
THIS RESOLUTION TO INDIAN RIVER COUNTY BOARD OF
COMMISSIONERS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Macho Products, Inc. has announced plans to
construct a manufacturing facility in North Indian River County;
and,
WHEREAS, The proposed site is located north of CR 512, east
of Interstate 95 and is less than two (2) miles from the existing
City Limits; and
WHEREAS, The gluing and coating processes use solvents,
methyl ethel ketone ("MEK") and toluene; and
WHEREAS, The solvents are called Volatile Organic Compounds
("VOCs") and can contribute to smog; and
WHEREAS, Macho Products, inc., claim they will meet or
exceed all relevant State and Federal regulations through a
state-of-the art incineration process; and
WHEREAS, The Florida Department of Environmental Regulation
("FDER") in December, 1983 found Macho Products, Inc., to be in
compliance but did not reinspect the facility for another five
(5) years until 1988; and
WHEREAS, In January of 1989, Macho Products, Inc., received
notice that the FDER believed Macho was operating in violation of
Florida Statutes and Macho was subsequently fined a minimum fine
of $600; and
WHEREAS, The citizens of Sebastian and North indian River
County are concerned about the quality of the air, the 'water, the
surrounding environmentally sensitive lands, and the quality of
life of all citizens; and
WHEREAS, Macho Products, Inc., will construct a 38,000
square foot plant and employ some 120 people with an annual
payroll of approximately $2 - million.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Sebastian, Florida that:
SECTION ~. The City Council of the City of Sebastian hereby
declares its statement of non-objection to the relocation of the
Macho Products, Inc., plant to North Indian River County provided
the plant meets or exceeds all State and Federal regulations and
does not adversely effect the quality of the water, air,
environmentally sensitive lands or the quality of life.
$~CTION 2. The City Council of the City of Sebastian hereby
requests the Board of County Commissioners of Indian River County
to establish a monitoring and enforcement program to ensure
compliance with applicable regulations and to submit periodic
reports, weekly if necessary, so that all citizens of Indian
River County can be fully informed of the affects of the
processing using methyl ethel ketone and toluene.
SECTION 3. The City Clerk is hereby authorized and directed
to forward a certified copy of this resolution to the Indian
River County Board of County Commissioners.
SECTION 4. CONFLICT. That all resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION S. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
SECTION 6.
effect immediately upon its adoption.
The foregoing Resolution was moved
Counclmember
Councilmember
vote, the vote was as follows:
EFFECTIVE DATE. This Resolution shall take
for adoption by
The motion was seconded by
and, upon being put into a
Mayor Lonnie R. Powell
Vice Mayor Frank
Councilmember Carolyn Corum
Councilmember George G. Reid
Councilmember Peter R. Holyk
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
By:
Lonnie R. Powell
ATTEST:
Kathryn M. O'Halloran,
CMC/AME, City Clerk
(SEAL)
Approved as to form and Content:
Charles Ian Nash, City Attorney
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
FIRST READING OF ORDINANCE O-93-01 ) '
) Dept. Origin: Community Development
Approved For Submittal By: ) Date Submitted: 01/18/93
~ ) For Agenda Of: 01/27/93
City
Manager
)
) Exhibits:
) 1. Ordinance O-93-01
) 2. Memo to Mayor and City Council
) dated 1/12/93 from Planning &
) Zoning Commission
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular workshop meeting of August 5, 1992, the City Council
directed the City Attorney to draft an ordinance to implement certain
changes within the Land Development Regulation. As requested, the City
Attorney a~d myself reviewed the Section regarding the home occupational
license criteria to determine whether or not the proposed changes could be
more restrictive. Unless the City Council wishes to put a total ban on
home occupational licenses, staff believes the proposed changes will place
additional criteria to ensure a home occupational license will have nc
detrimental impact to the residential neighborhood.
The Planning & Zoning Commission held a public hearing on January 7, 1993
and recommended the ordinance be adopted subject to the following:
Page 64 Sub Paragraph 10 regarding Home Occupational License - remove
the first sentence and reword to state "Address of Convenience can be
considered a Home Occupational License."
2. Page 33 - "cupolas" were omitted and needs to be put back.
Paragraph regarding Porous Parking - change to East of U.S. #1 from
East of Indian River Drive. ~5. D~g
Page 2
RECOMMENDED ACTION
Move to approve the first reading of Ordinance
public hearings; first public hearing February 10,
hearing February 24, 1993.
O-93-01 and set two (2).
1993 and second public~
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE;
TO:
January 12, 1993
Mayor and City Council
TMROUGM: Bruce Cooper
Director of Community Development
FROM: Planning and Zoning commission~~
RE: Ordinance O-93-01
Please be advised that the. Planning and Zoning Commission
held a formal public hearing on the above Ordinance at their
regular meeting on January 7th, 1993. The commission
recommended approval of the ordinance with the following
changes.
1.) Page 64 Sub Paragraph 10 regarding Home Occupational
License - remove the first sentence and reword to state
"Address of Convenience can be considered a Home
Occupational License."
2.) Page 33 - "cupolas" were omitted and needs to be put back
3.) Paragraph regarding Porous Parking - change to East of
U.S._#1 from East of Indian River Drive.
Should you have any questions or need any additional
information, please feel free to contact me regarding this
matter.
pzact.doc
ORDINANCE NO. 0-93-01
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE~
AMENDING THE DEFINITION OF PARKING GARAGES~ AMENDING THE
DEFINITION OF RESTAURANTS~ AMENDING THE DEFINITION OF
WAREHOUSING, STORAGE AND DISTRIBUTION ACTIVITIES~
PROHIBITING USES AND STRUCTURES THAT ~ NOT OTHERWISE
SPECIFICALLY PERMiTTED~ AMENDING PROVISIONS PERTAINING
TO THE MINIMUM LIVING AREA IN DWELLING UNITS IN ALL
RESIDENTIAL ZONING DISTRICTS, INCLUDING THE R-MHANDCOR
ZONING DiSTRICTS~ /~MENDING PROVISIONS PERTAINING TO
MINIMUM BUILDING SETBACKS FROM PROPERTY LINES IN ALL
ZONING DISTRICTS~ PROVIDING FOR GUEST HOUSES AS A
CONDITIONAL USE IN THE RS-20 (SINGLE-F/~MILY RESIDENTIAL
DISTRICT) ZONING DISTRICT~ PROVIDING FOR HOME OCCUPATIONS
AS ~ CONDITIONAL USE IN THE RM-8 (MEDIUM DENSITY
MULTiPLE-FAMILY RESIDENTIAL DISTRICT), THE RM-12 (HIGH
DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT), AND THE
R-MH (MOBILE HOME DISTRICT) ZONING DISTRICTS~ PROVIDING
FOR RETAIL GASOLINE SALES AS A PERMITTED USE IN THE CG
(GENERAL COMMERCIAL DISTRICT) ZONING DISTRICT~ PROVIDING
FOR MEDiCaL SERVICES AS A PERMITTED USE IN THE COR
(COMMERCIAL OFFICE RESIDENTIAL DISTRICT), THE CL (LIMITED
COMMERCIAL DISTRICT), THE CG (GENERAL COMMERCIAL
DISTRICT), AND THE GMC (GENERAL MARINE COMMERCIAL
DISTRICT) $ONiNG DISTRICTS~ PROVIDING FOR WIDTH
REQUIREMENTS FOR RESIDENTIAL DRIVEWAYS~ PROVIDING A
DEFINITION OF A GUEST HOUSE~ PROVIDING THAT A GUEST HOUSE
SHAll BE A CONDITIONAL USE IN THE RE-40 (RESIDENTIAL
ESTATE DISTRICT) ZONING DISTRICT~ PROVIDING SPECIAL
CRITERI~ REGULATING GUEST HOUSES AS A CONDITIONAL USE~
/~.ENDING THE CONSTRUCTION ST/~DARDS OF ALL RESIDENTIAL
MANUFACTURED BUILDINGS, MOBILE HOMES, TRAVEL TRAILERS AND
SIMILAR PORTABLE LIVING QUARTERS IN AN R-MH MOBILE HOME
DISTRICT ~ IN A PUD(MH) MOBILE HOME PLANNED UNIT
DEVELOPMENT; AMENDING THE REQUIREMENTS FOR ~ COMMUNITY
BUILDING AND A STORM SHELTER IN A PUD(ME) MOBILE HOME
PLANNED UNIT DEVELOPMENT~ AMENDING THE REQUIREMENTS FOR
A COMMUNITY BUILDING/~NDA STORM SHELTER FOR MOBILE HOME
SUBDIVISIONS~ INCREASING THE MAXIMUM BUILDING COVERAGE
REQUIRED IN AN R-HH MOBILE HOME DISTRICT AND A PUD(MH)
PLANNED UNIT DEVELOPMENT~AMENDING SECTION 20A-5.1 OF THE
LAND DEVELOPMENT CODE PERTAINING TO HEIGHT EXCEPTIONS~
AMENDING SECTION 20A-$.2 OF THE LAND DEVELOPMENT CODE
PERTAINING TO PROJECTIONS AND OBSTRUCTIONS INTO A
REQUIRED YARD~ REPEALING PROVISIONS PERTAINING TO
ENCROACHMENTS BY FIRE ESCAPES, OUTSIDE STAIRWAYS AND
BALCONIES WHICH PROJECT INTO ~ REQUIRED YARD~ ~LENDING
SECTION 20A-5.5 OF THE LAND DEVELOPMENT CODE PERTAINING
TO ENCROACHMENTS OF DETACHED STRUCTURES IN ~ REQUIRED
REAR YARD~ AMENDING PROVISIONS PERTAINING TO THE LOCATION
REAR YARD; AMENDING PROVISIONS PERTAINING TO THE LOCATION
OF ACCESSORY BUILDINGS; AMENDING PROVISIONS PERTAINING
TO FENCES ON RESIDENTiAL CORNER LOTS; AMENDING PROVISIONS
PERTAINING TO UTILIZATION OF REAL PROPERTY LOCATED IN A
COI~ERCIAL OR INDUSTRIAL ZONED DISTRICT FOR RESIDENTIAL
PURPOSES; AMENDING PROVISIONS PERTAINING TO HEIGHT
RESTRICTIONS OF FENCES AND WALLS; AMENDING PROVISIONS
PERTAINING TO REQUIRED SCREENS FOR GARBAGE, REFUSE
DUMPSTERS; AMENDING PROVISIONS PERTAINING TO REGULATION
OF OBSTRUCTIONS TO VISIBILITY ON A CORNER LOT~ AMENDING
PROVISIONS PERTAINING TO THE VIOLATION OF SPECIAL
CRITERIA FOR MODEL HOMES AS A CONDITIONAL USE~ AMENDING
PROVISIONS PERTAINING TO THE REQUIRED PARKING SPACES FOR
MARINAS~ PROHIBITING POROUS SURFACES FOR HANDICAPPED
PARKING SPACES; PROVIDING FOR REQUIRED WIDTH FOR ENTRY
AND EXIT WAYS AND DRIVES~ PROVIDING THAT A PRELIMINARY
SITE PLAN APPLICANT DOES NOT OBTAIN VESTED RIGHTS UPON
TENTATIVE APPROVALBY THE PLANNING AND ZONING COMMISSI'ON;
~NDING PROVISIONS PERTAINING TO THE LOCATION OF PRIVATE
~LLS ON REAL PROPERTY LOCATED WITHIN THE CITY LIMITS;
/M4ENDING PROVISIONS PERTAINING TO THE LOCATION OF A CHILD
CARE FACILITY IN RELATION TO THE TYPE OF STREET ADJACENT
TO SAID FACILITY~ AMENDING PROVISIONS PERTAINING TO OFF-
STREET LOADING FACILITIES;AMENDING PROVISIONS PERTAINING
TO GENERALSITE PLAN REVIEWPROCEDURES; AMENDING SECTION
20A-3.8.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE
FACILITIES AS A CONDITIONAL USE~ AMENDING SECTION 20A-
3.9.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE
FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-
3.16.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE
FACILITIES AS A CONDITIONAL USE~ AMENDING SECTION 20A-
3.10.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE
FACILITIES AS A CONDITIONAL USE; AMENDING PROVISIONS
PERTAINING TO THE ELECTION OF OFFICERS AND THE SELECTION
OF A SECRETARY FOR THE PLANNING AND ZONING COMMISSION~
~NDiNG PROVISIONS PERTAINING TO PROCEDURES FOR THE
PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS
PERTAINING TO SUBMISSION AND TRANSMITTAL OF PROPOSED
· ~4ENDMENTS TO THE COMPREHENSIVE LAND USE PLAN~ AMENDING
TNE EXISTING DEFINITION OF A COMMERCIAL AMUSEMENT,
U~ENCLOSED~ PROHIBITING THE UTILIZATION OF USABLE OUTDOOR
~ECREATION AREAS FOR CHILD CARE FACILITIES WITHIN ANY
D~DICATED EASEMENT~ AMENDING SECTION 20A-6.1.C.14.b TO
ADD ADDITIONAL RESTRICTIONS PERTAINING TO HOME
OCCUPATIONS AS A CONDITIONAL USE; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
BEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE
IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN,
FLORIDA~ PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
- 2 -
WHEREAS, City staff and the Planning and Zoning Commission
have recommended that revisions be made to the Land Development
Code of the City of Sebastian in order to provide clarification of
existing provisions and to update existing provisions to conform
with changes in the community; and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, has determined that it is in the best interests of
the City and its residents to revise existing provisions of the
Land Development Code 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.
That the existing Section 20A-2.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 14 of Subsection C (§20A-2.5.C.14)
in its entirety and adding the following new provisions in lieu
thereof to read as follows:
"14. Parking garages. Governmental or private
commercial building or structure solely for the
off-street parking or storage of operable motor
vehicles. Where parking garages are permitted
within a specific zoning district, the lack of
a building or structure shall not prohibit
utilization of the lot for the off street
parking or storage of operable motor vehicles.
It will be the responsibility of the owner of
the lot to ensure that all abandoned or non-
operable vehicles are removed from the lot
within five (5) days of when any such vehicle
is discovered or should have been discovered
by the owner through the exercise of reasonable
diligence."
- 3 -
Section 2. That the existing Section 20A-2.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 16 of Subsection C (§20A-2.5.C.16)
in its entirety and adding the following new provisions in lieu
thereof to read as follows:
"16. Restaurants (excluding drive-ins and fast food
service). Any establishment (which is not a
drive-in service establishment) where the
principal business is the sale of food to the
customer in a ready-to-consume state and
receives more than fifty percent (50%) of:its
gross revenues from food sales, determined on
a monthly basis. The design and principal
method of operation shall include one (1) or
more of the following:
(a)
Customers, normally provided with an
individual menu, are served generally in
nondisposable containers by restaurant
employee at the same table or counter at
which items are consumed by the customers.
(b)
Ice cream parlors and other specialty
restaurants having floor area exclusively
within a shopping or office center and
share common parking facilities with other
businesses within the center and expressly
prohibiting freestanding stores having
characteristics of a drive-in restaurant.
(c) A cafeteria or cafeteria type operation
where foods, deserts or beverages
generally are served in nondisposable
containers and consumed within the
restaurant building.
(d) Customers purchase food, desserts or
beverages for carry out."
Section 3. That the existing Section 20A-2.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (§20A-2.5.D.6) in
-- 4 --
its entirety and adding the following new provisions in lieu
thereof to read as follows:
Warehousing, storage and distribution
activities, including building contract
construction, building supplies, furniture
stores with major warehousing, and trade
services with extensive warehousing, trucking
support facilities, or requirement of outside
storage. "Major or extensive warehousing" shall
be defined as an establishment having fifty
percent (50%) or more of the total gross
building area being utilized for warehousing
or storage."
Section 4. Article II the Land Development Coc[e of the
City of Sebastian, Florida, is hereby amended by adding a new
provision to be designated as Section 20A-2.7 to provide as
follows:
"Sec. 20A-2.7. Prohibited uses and structures,
generally.
Any use or structure not of a character indicated
under permitted uses and structures or permitted as a
conditional use in a zoning district in accordance with
the provisions of Article III of the Land Development
Code shall be prohibited unless otherwise specifically
permitted in Article IX of the Land Development Code."
Section 5. That the existing Section 20A-3.1 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 5 of Subsection D (~20A-3.1.D.5) in
- 5 -
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"5.
Minimum living area: The minimum floor area
required, exclusive of porches, terraces,
attached garages, carport or unroofed areas,
shall be one thousand two hundred (1,200)
square feet. Every single-family dwelling unit
shall be required to provide a garage or
carport. If a carport or similar unenclosed
vehicle storage structure is provided, then the
principal structure shall contain a fully-
enclosed utility storage area of at least sixty
(60) square feet, which shall be designed as
an integral part of the principal structure.
If a fully-enclosed garage is provided, then
no utility structure shall be mandated. ~The
garage or carport shall have a minimum interior
clear dimension of ten (10) feet by twenty (20)
feet."
Section 6. That the existing Section 20A-3.1 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (§20A-3.1.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6. Minimum building setbacks from property lines:
(a) Front yard: 40 feet.
(b) Side yard: 20 feet.
(c) Rear yard: 25 feet."
Section 7. That the existing Section 20A-3.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 5 of Subsection D (§20A-3.2.D.5) in
- 6 -
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"5.
Minimum living area: The minimum floor area
required, exclusive of porches, attached
garages, carport or unroofed areas, shall be
one thousand two hundred (1,200) square feet.
Every single-family dwelling unit shall be
required to provide a garage or carport. If
a carport or similar unenclosed vehicle storage
structure is provided, then the principal
structure shall contain a fully-enclosed
utility storage area of at least sixty (60)
square feet, which shall be designed as an
integral part of the principal structure. If
a fully-enclosed garage is provided, theJ no
utility structure shall be mandated, fThe
garage or carport shall have a minimum interior
clear dimension of ten (10) feet by twenty (20)
feet."
Section 8. That the existing Section 20A-3.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (~20A-3.2.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6. Minimum building setbacks from property lines:
(a) Front yard: 30 feet.
(b) Side yard: 15 feet.
(c) Rear yard: 25 feet."
Section 9. That the existing Section 20A-3.3 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 5 of Subsection D (§20A-3.3.D.5) in
- 7 -
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"5.
Minimum living area: The minimum floor area
required, exclusive of porches, terraces,
attached garages, carports or unroofed areas,
shall be one thousand (1,000) square feet.
Every single-family dwelling unit shall be
required to provide a garage or carport. If
a carport or similar unenclosed vehicle storage
structure is provided, then the principal
structure shall contain a fully-enclosed
utility storage area of at least sixty (60)
square feet, which shall be designed as an
integral part of the principal structure. If
a fully-enclosed garage is provided, then no
utility structure shall be mandated, rThe
garage or carport shall have a minimum interior
clear dimension of ten (10) feet by twenty (20)
feet."
Section 10. That the existing Section 20A-3.3 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (§20A-3.3.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6. Minimum building setbacks from property lines:
(a) Front yard: 25 feet.
(b) Side yard: 15 feet.
(c) Rear yard: 20 feet."
SectiOn 11. That the existing Section 20A-3.4 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 5 of Subsection D (§20A-3.4.D.5) in
- 8 -
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"5 ·
Minimum living area: The minimum floor area
required, exclusive of porches, terraces,
attached garages, carports or other unenclosed
areas, shall be nine hundred (900) square
feet. Every single-family dwelling unit shall
be required to provide a garage or carport.
If a carport or similar unenclosed vehicle
storage structure is provided, then the
principal structure shall contain a fully-
enclosed utility storage area of at least sixty
(60) square feet, which shall be designed as
an integral part of the principal structure.
If a fully-enclosed garage is provided, ~hen
no utility structure shall be mandated. ~The
garage or carport shall have a minimum interior
clear dimension of ten (10) feet by twenty (20)
feet."
Section 12. That the existing Section 20A-3.4 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (§20A-3.4.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6. Minimum building setbacks from property lines:
(a) Front yard: 25 feet.
(b) Side yard: 10 feet.
(c) Rear yard: 20 feet."
Section 13. That the existing Section 20A-3.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 5 of Subsection D (§20A-3.5.D.5) in
- 9 -
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"5. Minimum living area: The minimum floor area
required for a single-family structure,
excluding porches, terraces, attached garages,
carports or other unenclosed areas, shall be
nine hundred (900) square feet. Every single-
family dwelling unit shall be required to
provide a garage or carport. If a carport or
similar unenclosed vehicle storage structure
is provided, then the principal structure shall
contain a fully-enclosed utility storage area
of at least sixty (60) square feet, which shall
be designed as an integral part of the
principal structure. If a fully-encl6sed
garage is provided, then no utility structure
shall be mandated. The garage or carport shall
have a minimum interior clear dimension of ten
(10) feet by twenty (20) feet.
Duplex: Seven hundred fifty (750)
square feet per unit.
Multiple-family structures: Efficiencies shall
be required to provide six hundred (600) square
feet per unit; (1) one-bedroom units shall be
required to provide seven hundred (700) square
feet per unit; (2) two-bedroom units shall be
required to provide eight hundred fifty (850)
square feet per unit; (3) three-bedroom units
shall be required to provide one thousand
(1,000) square feet per unit; and for each
additional bedroom, an additional one hundred
(100) square feet per bedroom shall be
provided."
Section 14. That the existing Section 20A-3.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (20A-3.5.D.6) in
- 10 -
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6 .
Yard
Minimum building setbacks from property lines:
Setbacks (feet)
1 st~ 2 stories
Front
Rear
Side (interior)
Between residential
structures on same lot
25 25
25 25
10 15
20 20"
Section 15.
That the existing Section 20A-3.6 offthe Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 5 of Subsection D (§20A-3.6.D.5) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"5 ·
Minimum living area: The minimum floor area
required for a single-family structure,
excluding porches, terraces, attached garages,
carports or other unenclosed areas, shall be
nine hundred (900) square feet. Every single-
family dwelling unit shall be required to
provide a garage or carport. If a carport or
similar unenclosed vehicle storage structure
is provided, then the principal structure shall
contain a fully-enclosed utility storage area
of at least sixty (60) square feet, which shall
be designed as an integral part of the
principal structure. If a fully-enclosed
garage is provided, then no utility structure
shall be mandated. The garage or carport shall
have a minimum interior clear dimension of ten
(10) feet by twenty (20) feet.
Duplexes shall be required to provide seven
hundred fifty (750) square feet per unit;
efficiencies shall be required to provide six
hundred (600) square feet per unit; (1) one-
bedroom units shall be required to provide
seven hundred (700) square feet per unit; two
- 11 -
(2) bedroom units shall be required to provide
eight hundred fifty (850) square feet per unit;
three (3) bedroom units shall be required to
provide one thousand (1,000) square feet per
unit; and for each additional bedroom, an
additional one hundred (100) square feet per
bedroom shall be provided."
Section 16. That the existing Section 20A-3.6 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (§20A-3.6.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows: ~
"6. Minimum building setbacks from property lines:
Yard
Setbacks (feet)
storv 2 stories
Front
Rear
Side (interior)
Between residential
structures on same lot
25 25*
25 25
10 15'
20 20
*Plus one foot for each additional two (2) feet in height
above twenty-five (25) feet."
Section 17. That the existing Section 20A-3.8 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 5 of Subsection D (§20A-3.8.D.5) in
its entirety and adding the following new provisions in lieu
thereof to'read as follows:
"5 ·
Minimum living area: The minimum floor area
required for a single-family structure,
excluding porches, terraces, attached garages,
carports or other unenclosed areas, shall be
one thousand (1,000) square feet. Every
- 12 -
single-family dwelling unit shall be required
to provide a garage or carport. If a carport
or similar unenclosed vehicle storage structure
is provided, then the principal structure shall
contain a fully-enclosed utility storage area
of at least sixty (60) square feet, which shall
be designed as an integral part of the
principal structure and shall be accessible
from the carport (See Exhibit 1 in Appendix A).
If a fully-enclosed garage is provided, then
no utility structure shall be mandated. The
garage or carport shall have a minimum interior
clear dimension of ten (10) feet by twenty (20)
feet.
Duplex: Eight hundred fifty (850) square feet
per unit.
Multiple-family structures: Efficiencies shall
provide six hundred (600) square feet per unit;.
one (1) bedroom units shall be required to
provide seven hundred fifty (750) square feet
per unit; two (2) bedroom units shall be
required to provide eight hundred fifty (850)
square feet per unit; three (3) bedroom units
shall provide one thousand (1,000) square feet
per unit; and each additional bedroom shall
provide an additional one hundred (100) square
feet per bedroom addition."
Section 18. That the existing Section 20A-3.8 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (§20A-3.80D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"'6. Minimum building setbacks from property lines:
(a) Front yard: 10 feet for nonresidential
development. Residential development
shall maintain a twenty-five (25) foot
setback.
(c)
(d)
Side yard: Commercial - 10 feet;
Residential - 15 feet plus one foot per
each additional two (2) feet in height
above twenty-five (25) feet.
Rear yard: 20 feet.
Minimum distance between residential
structures on same lot: 20 feet.
Section 19. That the existing Section 20A-3.7 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection F (§20A-3.7.F.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6. Minimum building setbacks from property lines:
(a) Front yard: 20 feet.
(b) Side yard: 10 feet.
(c) Rear yard: 10 feet."
Section 20. That the existing Section 20A-3.8(A) of the
Land Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 5 of Subsection D (20A-3.8(A).D.5)
in its entirety and adding the following new provisions in lieu
thereof to read as follows:
"5. Minimum building setbacks from property lines:
(a) Front yard: Abutting C.R. 512:
74 feet.
(b) All other front yards: 10 feet.
(c)
Side yard: None if the building is built
to the side property line(s); otherwise
a minimum of 10 feet."
(d) Rear yard: 10 feet."
Section 21.
That the existing Section 20A-3.9 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (§20A-3.9.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6. Minimum building setbacks from property lines:
(a) Front yard: 10 feet.
(b)
Side yard: 5 feet minimum, except thirty
(30) feet when abutting a residential
district.
(c)
Rear yard: 10 feet; except thirty
(30) feet when abuttinga residential
district."
Section 22.
That the existing Section 20A-3.10 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (§20A-3.10.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6 .
Minimum building setbacks from property lines:
(a) Front yard with sidewalks, curb and
gutters: None required.
(b) Front yard without sidewalks, curb and
gutters: 6 feet.
(c)
Side yard: 5 feet; except ten (10)
feet when abutting a residential
district.
- 15 -
(d)
Rear yard: 10 feet; except thirty
(30) feet when abutting a residential
district."
Section 23. That the existing Section 20A-3.11 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 7 of Subsection D (§20A-3.11.D.7) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"7 ·
Minimum building setbacks from property li~es:
(a) Front yard: 25 feet.
(b)
Rear yard: Rear yards that do not front
the Indian River - 25 feet. Notwithstand-
ing the foregoing, drainage and submerged
lands protection provisions of this code
shall be complied with.
(c)
Side yard: 15 feet. Provided, however,
that if the side is adjacent to a
residential district or adjacent to
existing residential uses, landscaping
and screening requirements of this code
shall be complied with.
(d)
Minimum distance between principal
structures on the same lot: 20 feet."
Section 24. That the existing Section 20A-3.12 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 4 of Subsection E (§20A-3.12.E.4) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
- 16-
"4. Minimum building setbacks from property lines.
(a)
Front yard: 25 feet; provided, however,
that the City Council may grant a waiver
of this requirement up to a minimum of
fifteen (15) feet on lots fronting the
Indian River where it is impractical and
unreasonable to accommodate such a setback
due to the narrow depth of the upland area
measured from the front property line to
the mean high water line. Notwithstanding
anything to the contrary in the foregoing,
this provision is not intended to waive
the off-street parking and on-site back.-
up and turnaround area requirements of
section 20A-8.2 of this code.
(b) Rear yard: 15 feet.
(c) Side yard: 15 feet."
Section 25. That the existing Section 20A-3.13 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 4 of Subsection D (§20A-3.13.D.4) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"4. Minimum building setbacks from property lines:
(a) Front yard: 25 feet.
(b) Rear yard: 15 feet.
(c) Side yard: 15 feet."
Section 26. That the existing Section 20A-3.14 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (§20A-3.14.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6.
Minimum building setbacks from property lines:
(a) Front yard: 20 feet.
(b) Side yard (interior):
(c) Rear yard: 10 feet.
None required.
(d)
Minimum separation from a residential
district: no building or structure in an
IN district shall be located closer than
thirty (30) feet to a residential
district."
Section 27.
That the existing Section 20A-3.16 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (§20A-3.16.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6. Minimum building setbacks from property lines:
(a) Front yard: 30 feet.
(b) Side yard: 10 feet.
(c) Rear yard: 25 feet.
(d)
No building or structure within the
PS district shall be located closer
than thirty (30) feet to a
residential district."
Section 28. That the existing Section 20A-3.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting existing Subsection C (§20A-3.2.C) in its
- 18 -
' entirety and adding the following new provisions in lieu thereof
to read as follows:
"C. Conditional uses. In this district, as a
conditional use, a building or premises may be used for
only the following conditional uses upon compliance with
applicable conditions stated in Article VI of the Land
Development Code and all other applicable provisions of
this code, including site plan review and performance
criteria. The Planning and Zoning Commission s~all
if such conditions and provisions are
Appeals of such decisions shall be heard by
ascertain
satisfied.
the City Council.
Conditional uses:
guest houses, child
Home occupations, model homes,
care services, educational
institutions, places of worship, public and private
utilities, public parks and recreation areas, public
protection and emergency services, and accessory uses."
Section 29. That the existing Section 20A-3.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting existing Subsection C (§20A-3.5.C) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"C. Conditional uses. In this district, as a
conditional use, a building or premises may be used for
only the following conditional uses upon compliance with
- 19 -
applicable conditions stated in Article VI of the Land
Development Code and all other applicable provisions of
this code, including site plan review and performance
criteria. The Planning and Zoning Commission shall
ascertain if such conditions and provisions are
satisfied. Appeals of such decisions shall be heard by
the City Council.
Conditional uses: Child care services, home
occupations, model homes, educational institutions, ~olf
courses and support facilities, nursing homes (including
rest homes or convalescent homes), places of worship,
public and private utilities, public parks and recreation
areas, public protection and emergency services, and
accessory uses."
Section 30. That the existing Section 20A-3.6 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting existing Subsection C (§20A-3.6.C) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"C. Conditional uses. In this district, as a
conditional use, a building or premises may be used for
only the following conditional uses upon compliance with
applicable conditions stated in Article VI of the Land
Development Code and all other applicable provisions of
this code, including site plan review and performance
- 20 -
criteria.
ascertain
satisfied.
The Planning and Zoning Commission shall
if such conditions and provisions are
Appeals of such decisions shall be heard by
the City Council.
Conditional uses: Child care services, home
occupations, model homes, educational institutions, golf
courses and support facilities, nursing homes (including
rest homes or convalescent homes), places of worship,
public and private utilities, public parks and recreation
areas, public protection and emergency services, and
accessory uses."
Section 31. That the existing Section 20A-3.7 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting existing Subsection C (§20A-3.7.C) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"C. Con4itional uses. In this district, as a
conditional use, a building or premises may be used for
only the following conditional uses upon compliance with
applicable conditions stated in Article VI of the Land
Development Code and all other applicable provisions of
this code, including site plan review and performance
criteria. The Planning and Zoning Commission shall
ascertain if such conditions and provisions are
- 21 -
satisfied. Appeals of such decisions shall be heard by
the City Council.
Conditional uses: Home occupations, model homes,
public and private utilities, public parks and recreation
areas, public protection and emergency services, and
accessory uses."
Section 32. That the existing Section 20A-3.10 of the Land
Development Code of the City of Sebastian, Florida, i~ hereby
amended by deleting existing Subsection B (§20A-3.10.B) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"B. Permitted uses. In this district, as a
permitted use, a building or premises may be used for
only the below stated uses. Ail applicable provisions
of provisions of this code shall be satisfied, including
site plan review and performance criteria.
Permitted uses: Cultural or civic activities,
places of worship, public or private not-for-profit
administrative services, public or private not-for-
profit clubs, business and professional offices, general
retail sales and services, limited commercial activities,
parking garages, plant nurseries, restaurants (excluding
drive-ins), trade and skilled services, transient
quarters, vehicular sales and related services, retail
gasoline sales, medical services, and accessory uses."
- 22 -
Section 33. That the existing Section 20A-3.8 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting existing Subsection B (§20A-3.8.B) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"B. Permitted uses. In this district, as a
permitted use, a building or premises may be used for
only the below stated uses. All applicable provisions
of provisions of this code shall be satisfied, including
site plan review and performance criteria.
Permitted uses: Single-family dwellings, duplex
structures, multiple-family dwellings, cultural or civic
activities, places of worship, public or private not-
for-profit administrative services, public or private
not-for-profit clubs, business and professional offices,
medical services, parking garages, and accessory uses."
Section 34. That the existing Section 20A-3.9 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting existing Subsection B (§20A-3.9.B) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"B. Permitted uses. In this district, as a
permitted use, a building or premises may be used for
only the below stated uses. All applicable provisions
- 23 -
of provisions of this code shall be satisfied, including
site plan review and performance criteria.
Permitted uses: Business and professional offices,
cultural or civic activities, limited commercial
activities, places of worship, public or private not-
for-profit administrative services, public or private
not-for-profit clubs, medical services, parking garages,
and accessory uses."
Section 35. That the existing Section 20A-3.12 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting existing Subsection B (§20A-3.12.B) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"B. Permitted uses. In this district, as a
permitted use, a building or premises may be used for
only the below stated uses. Ail applicable provisions
of provisions of this code shall be satisfied, including
site plan review and performance criteria.
Permitted uses: Wet or dry storage of boats, boat
sales and rental, marine power sales and service, bait
and tackle shop, business and professional offices,
restaurants (excluding drive-ins), fish markets, marine
related specialty retail sales and services, yacht clubs,
medical services, and accessory marine related uses."
- 24 -
Section 36. That the existing Section 20A-5.18 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by adding the following provision thereto, to begin at the
end of the existing provisions thereof, to read as follows:
"Notwithstanding anything in this Section to the
contrary, single family lots that are less than 20,000
square feet in area shall not exceed the following
criteria for driveway widths within a city, county or
state right-of-way: ~
1. Single drive. The pavement width shall not exceed
twenty-four (24) feet.
2. Circular dr£ve. In lieu of a single drive, a
circular driveway may be permitted, provided that the maximum
width shall not exceed sixteen (16) feet for the main entrance
and twelve (12) feet for the subordinate drive. In addition,
there shall be a minimum separation of thirty (30) feet
between the driveways.
Notwithstanding anything in this Section to the contrary,
single family lots with that are at least 20,000 square feet
in area shall be permitted an additional driveway, not to
exceed sixteen (16) feet in width with a minimum separation
of thirty (30) feet from any other existing driveway(s),
within a city, county or state right-of-way."
- 25 -
Section 37. That the existing Section 20A-12.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by adding the following provision thereto to read as
follows:
"Guest house. An accessory structure to a main
residence for the housing of guests of the owner or
lessee of the main residence, without the payment of the
person or persons utilizing the guest house of
compensation." ~
Section 38.
That the existing Section 20A-6.1 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by adding a new paragraph to Subsection C (§20A-6.1.C) of
the Land Development Code to be designated as Paragraph 32, to
provide as follows:
"32. Guest House.
(a)
Applicable zoning districts. Guest house
apartments shall be permitted as a conditional
use within the following zoning districts:
RS-20 and RE-40.
(b)
Conditional use criteria. Guest house
apartments will be allowed provided that the
following criteria are met:
(i)
Structure shall be an accessory
structure or a portion of a principal
single family dwelling.
(2) No guest house apartment may be
utilized for commercial or rental
purposes.
(3)
Total square footage of the guest
house shall not exceed fifty percent
- 26 -
(4)
(50%) of the total square footage of
the principal structure (including
living and nonliving space, but the
total square footage of the guest
house shall not, in any event, exceed
1,000 square feet.
No detached accessory structure
utilized for a guest house shall
exceed the height of the principal
structure.
(5)
(6)
A legal document in a form acceptable
to the City Attorney shall be
provided to the City Clerk in
recordable form to be recorded by
the Clerk of the Circuit Court for
Indian River County, in the Public
Records, which sets forth the
limitations of the use on site. The
cost of recording such legal document
shall be paid by the property owner.
Minimum lot size shall be 30,000
square feet."
Section 39. That the existing Section 20A-3.1 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection C (§20A-3.1.C) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"C. Conditional Uses. In the district, as a
conditional use, a building or premises may be used for
only the following conditional uses upon compliance with
applicable conditions stating in Article VI of the Land
Development Code and all other applicable provisions of
this code, including site plan review and performance
criteria. The Planning and Zoning Commission shall
- 27 -
ascertain if such conditions are satisfied. Appeals of
such decisions shall be heard by the City Council.
Conditional uses: Home occupations, model homes,
guest houses, child care services, educational
institutions, places of worship, public and private
utilities, public parks and recreational areas, public
protective and emergency services, and accessory uses."
Section 40. That the existing Section 20A-3.7 of 3the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection E (§20A-3.7.E) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"E. Construction standards. All residential
manufactured buildings, mobile homes, travel trailers,
and similar portable living quarters shall be constructed
in compliance with the provisions of Chapter 320 of
Florida Statutes or Chapter 553 of Florida Statutes.
Each mobile home, travel trailer, or other portable
living quarters shall be anchored in a manner prescribed
by the Code of Ordinances of the City of Sebastian
consistent with the Federal Department of Housing and
Urban Standards. The minimum first floor elevation shall
be at least 18 inches above the crown of the adjoining
street.
- 28 -
Ail awnings, carports, principal patios and
accessories to the building and accessory building shall
be constructed in compliance with the building code and
the Land Development Code of the City. In addition, all
mobile homes shall be required to have skirting. Such
skirting shall be of concrete, masonry, stucco, wood, or
other suitable material, and such skirting may have
allowable louvers for ventilation."
Section 41. That the existing Section 20A-4.8 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection E (§20A-4.8.E) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"E. Construction standards. All residential
manufactured buildings, mobile homes, travel trailers,
and similar portable living quarters shall be constructed
in compliance with the provisions of Chapter 320 of
Florida Statutes or Chapter 553 of Florida Statutes.
Each mobile home, travel trailer, or other portable
living quarters shall be anchored in a manner prescribed
by the Code of Ordinances of the City of Sebastian
consistent with the Federal Department of Housing and
Urban Standards. The minimum first floor elevation shall
be at least 18 inches above the crown of the adjoining
street.
- 29 -
Ail awnings, carports, principal patios and
accessories to the building and accessory building shall
be constructed in compliance with the building code and
the Land Development Code of the City. In addition, all
mobile homes shall be required to have skirting. Such
skirting shall be of concrete, masonry, stucco, wood, or
other suitable material, and such skirting may have
allowable louvers for ventilation."
Section 42. That the existing Section 20A-4.8 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection J (§20A-4.8.J) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"J. Community
within the PUD (MH) district shall provide for a common
structure which is easily accessible to all residents and
which meets the following provisions:
building/shelter. Developments
Storm shelters must be constructed to withstand
a 120 mile per hour wind load utilizing Chapter
12 of the Standard Building Code for
engineering standards.
Storm shelters must be provided to 20 percent
of the proposed total number of residents of
the mobile home subdivision. The total
proposed number of the residents shall be
determined utilizing two residents per single
family lot.
Storm shelters must be designed to provide a
minimum of 20 square feet of net floor area per
resident. Floor areas shall not include
- 30 -
bathrooms, corridors, or other areas that
cannot be used for temporarily lodging of a
resident in case of an emergency. Storm
shelters may be utilized as community
buildings, but should be designed with minimal
glass exposure."
Section 43. That the existing Section 20A-17.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection W (§20A-17.2.W) in its entirety and
adding the following new provisions in lieu thereof to read as
follows: ~
"W. Mobile home subdivisions. Mobile home
developments shall comply with all of the requirements
of the Land Development Code and the Code of Ordinances
of the City of Sebastian. Mobile home developments shall
be classified as either rental trailer parks for use as
temporary and/or transient residence purposes with single
entity ownership or as permanent residence areas with
individual ownership of contiguous lots in a condominium
or cooperative association. The "association" shall
function with unified control as a single-ownership
entity. Mobile home developments are intended to provide
planned space for occupancy of prefabricated, detached,
transportable, single-family dwelling units containing
all utility and sanitary conveniences, including
electrical and plumbing connections, which may be
attached to approved permanent utility systems. To
- 31 -
retain mobility, the undercarriage shall remain attached
to the mobile home unit.
A subdivision shall provide for a common structure
which is easily accessible to all residents and which
meets the following provisions:
Storm shelters must be constructed to withstand
a 120 mile per hour wind load utilizing Chapter
12 of the Standard Building Code for
engineering standards.
Storm shelters must be provided to 20 percent
of the proposed total number of residents of
the mobile home subdivision. The proposed
total number of the residents shall be
determined utilizing two residents per single
family lot.
Storm shelters must be designed to provide a
minimum of 20 square feet of net floor area per
resident. Floor areas shall not include
bathrooms, corridors, or other areas that
cannot be used for temporarily lodging of a
resident in case of an emergency. Storm
shelters may be utilized as community
buildings, but should be designed with minimal
glass exposure."
Section 44. That the existing Section 20A-4.8 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 9 of Subsection D (~20A-4.8.D.9) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"9. Maximum building coverage: 40 percent."
- 32 -
Section 45. That the existing Section 20A-3.7 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 7 of Subsection F (§20A-3.7.F.7) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"7° Maximum building coverage: 40 percent."
Section 46.
That the existing Section 20A-5.1 of the Land
Development Code of the City of Sebastian, Florida, isf hereby
amended by deleting the existing Section (§20A-5.1) in its entirety
and adding the following new provisions in lieu thereof to read as
follows:
"Sec. 20A-5.1 Height exceptions.
Chimneys, steeples, silos, windmills, water tanks,
and radio and television antennas may exceed height
limitations upon the prior approval of the Building
Official and the City Engineer based on the compliance
with all other applicable technical codes. No structures
or devices, other than residential radio and television
antennas and chimneys, shall exceed the height
limitations unless approved by the Planning and Zoning
Commission. In no event, however, shall any permitted
heights be in conflict with the height regulations
established by flight angles of state-approved airports
in the City. All permitted heights shall comply with all
- 33 -
requirements of the Federal Aviation Authority and the
Federal Communications Commission."
Section 47. That the existing Section 20A-5.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection A (§20A-5.2.A) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"A. Projections and obstructions. Every par~ of
a required yard shall be shall be open from its lowest
point to the sky unobstructed, except for ordinary
projection of sill, belt courses, cornices, buttresses,
ornamental features and eaves; provided, however, that
none of the forenamed projections shall project into a
minimum front yard more than eighteen (18) inches nor
into the minimum side yard more than twenty-four (24)
inches. Residential overhangs may extend forty-eight
(48) inches into required yard space. Commercial roof
overhangs may exceed twenty-four (24) inches into
required yard space having a required setback of less
than ten (10) feet and my extend forty-eight (48) inches
into a required yard space of more than ten (10) feet.
Horticultural growth poles, play equipment, wires,
lights, mailboxes, ornamental entry columns and gates not
exceeding six (6) feet in height, flag poles, and outdoor
furniture are not considered as encroachments.
- 34 -
Chimneys, flues, and bay windows may not project
more than 2 1/2 feet into a required yard."
Section 48. That the existing Section 20A-5.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection C (20A-5.2) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"C. Reserved."
Section 49. That the existing Section 20A-5.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection D (S20A-5.5.D) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"D. Rear yards. Detached structures, such as
utility sheds, and other structures accessory to single-
family homes within a single-family zoning district may
encroach into a required rear yard, provided that any
such structure maintain a minimum distance of ten (10)
feet from the rear property line and not be located
within a dedicated easement. No such structure shall
exceed 400 square feet in lot coverage and shall not
exceed twelve (12) feet in height."
- 35 -
Section 50.
That the existing Section 20A-5.7 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection B (§20A-5.7.B) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"B. Location.
General Rule for Location. No accessary building
or structure shall be located in any required yard
(setback). Furthermore, all detached residential
accessory buildings and structures shall not extend
beyond the front building line of the principal
structure that is located on the same real estate
parcel or lot.
Corner Lots. Notwithstanding the provisions of
paragraph 1, accessory buildings may be located to
the front of the front setback line along the
boundary of the secondary front yard of an improved
corner lot, provided that said secondary front yard
does not abut an interior lot."
Section 51. That the existing Section 20A-5.9 of the Land
Development Code of the City of Sebastian, 'Florida, is hereby
amended by deleting Paragraph 2 of Subsection C (§20A-5.9.C.2) in
its entirety and .adding the following new provisions in lieu
thereof to read as follows:
"2 .
Corner Lots. Notwithstanding the provisions of
Paragraph 1, fences and walls at least four (4)
feet, but not exceeding six (6) feet, in height,
may be located to the front setback line along the
boundary of the secondary front yard of an improved
corner lot. Only those fences and walls placed
along the boundary of the primary front yard of an
improved corner lot must be located behind the front
of the main (primary) structure.
- 36 -
(a)
(b)
Secondary front yard. For purposes of this
paragraph, the term "secondary front yard"
shall mean the yard of an improved corner lot
located between the street and the side of the
main structure facing the street where the
primary entrance to the main structure is not
located.
Primary front yard. For purposes of this
paragraph, the term "primary front yard" shall
mean the yard of an improved corner lot located
between the street and the side of the main
structure facing the street where the primary
entrance to the main structure is located°
Section 52.
That the existing Section 20A-5.9 o~the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection F in its entirety,
redesignating existing Subsections D and E (§20A-5.9.D and §20A-
5.9.E) as new Subsections E and F, and adding the following new
provisions to read as follows:
"D. Co---ercial and Industrial Limitations and
Restrictions.
Ail commercial and industrial zoned
properties that are being utilized
for residential purposes shall
comply with the requirement set
forth in Section 20A-5.9.C.
~eneral Rule. Fences and walls not
exceeding eight feet in height may
be permitted with the approval of
the Planning and Zoning Commission
Chairperson and the Building
Official. All fences and walls
exceeding eight feet in height must
be approved by the Planning and
Zoning Commission.
- 37 -
G. Required screens for garbage,
refuse dumpsters. Notwithstanding anything to the
contrary contained in this section, all garbage,
refuse dumpsters, regardless of the siting on the
property, shall be screened on at least four (4)
sides by masonry wall, fencing, or other materials
permitted hereunder, at least six (6) feet in
height, and rendering the view of said dumpster
invisible from adjacent properties and public
rights-of-way. Ail proposed refuse, dumpster
screens must be approved by the Building Official
through the issuance of a fence permit in accordance
with the application procedures set forth in
subsection A(§20-A-5.9.A)."
Section 53. That the existing Section 20A-5.12 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection B (S20A-5.12.B) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"B. Corner Lots. Visibility triangles, within
which nothing shall be erected, placed, parked, planted
or allowed to grow in such a manner as to impede vision
between a height of two (2) feet and eight (8) feet above
the center lines of intersecting traffic ways, shall be
provided as follows:
- 38 -
Vision clearance at street, alley, and
driveway intersections. Visibility
triangles shall be required at all
traffic intersections. No hedge or
structure within the visibility triangles
shall exceed a height of two (2) feet
above the elevation of the highest
abutting street measured at the center
line.
Dimensions of visibility triangles. The
size of the visibility triangles shall be
thirty (30) feet at street to street
intersections and fifteen (15) feet at
all other intersections. These distances
shall be measured along the well-defined-
edge of travelways from their point of
intersection. If no well-defined edge of
pavement exists, a probable edge of
pavement shall be established from the
centerline of the travelways using twelve
(12) foot travel lane(s) for dedicated
streets, eight (8) foot travel lane(s)
for dedicated alleys and utility
easements and five (5) foot travel
lane(s) for single drive ways."
Section 54. That the existing Section 20A-6.1.C.19.b of
the Land Development Code of the City of Sebastian, Florida, is
hereby amended by deleting the existing Subparagraph (10) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"(10) Where a violation of these restrictions on
the use of model homes is determined to exist by the Code
Enforcement Board pursuant to the procedures set forth
in Division 2 of Article VI of Chapter 2 of the Code of
Ordinances, the certificate authorizing such model home
use shall be revoked and no such certificate shall be
- 39 -
reissued for a period of one year following the date of
the entry of the order of the Code Enforcement Board
finding the existence of such violation."
Section 55. That the existing Section 20A-8.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection 19 (§20A-8.2.19) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"19. Marinas. One space for each three hundred (300)
square feet of principal building, two (2) parking
spaces for each houseboat, plus one space for every
three (3) storage or slip places. Charter and party
boats shall have one parking space for every three
(3) occupants based on the maximum capacity of each
such boat in accordance with the Coast Guard License
issued to each such boat. Rental facilities for
vessels, kayaks, canoes, rowboats, paddle boats,
sailboat and sailboards of any kind, (hereinafter
collectively referred to as "water transports")
shall maintain one space for every water transport
and one space for every two employees."
Section 56. That the existing Section 20A-8.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Paragraph 5 of Subsection A,
(§20A-8.5.A.5) in its entirety and adding the following new
provisions in lieu thereof to read as follows:
"5. All publicly maintained and operated parking
facilities intended for public use, and all
businesses, firms or other persons licensed to do
business with the public, shall provide non-porous
- 40 -
parking spaces for the handicapped as set forth
below:
Total Spaces Required
Required Number of
Handicap Spaces
1 - 25 1
26 - 50 2
51 - 75 3
76 - 100 4
101 - 150 5
151 - 200 6
201 - 300 7
301 - 400 8
Refer to the Standard Building Code for exceptions.
Such parking spaces shall be designed and located as
follows:
(a)
Ail spaces shall access to a curbramp or curbcut~
when necessary to allow access to the building
served, and shall be located so that users will not
be compelled to wheel behind parked vehicles.
(b)
Diagonal or perpendicular parking spaces shall be
a minimum of twelve (12) feet wide.
(c)
Parallel parking spaces shall be located either at
the beginning or end of a block or adjacent to alley
entrances. Curbs adjacent to such spaces shall be
of a height which will not interfere with the
opening and closing of motor vehicle doors.
(d)
Each such parking shall be prominently outlined with
blue paint and posted with a permanent sign of a
color and design approved by the Florida Department
of Transportation, bearing the internationally
accepted wheelchair symbol and the caption "PARKING
BY DISABLED PERMIT ONLY.""
Section 57. That the existing Section 20A-8.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection B (§20A-8~5.B) in its
- 41 -
entirety and adding the following new provisions in lieu thereof
to read as follows:
"B. Entries, exits, drives and vehicle maneuvering
areas. Ail uses which are required to provide three (3)
or more off-street parking spaces shall have entry and
exit ways and drives at least twenty-two (22) feet in
width to accommodate two-way traffic, unless a one-way
traffic system is utilized, in which case entry and exit
ways and drives shall be at least twelve (12) fegt in
width. In the event that a one-way traffic system is
utilized, appropriate traffic direction markers shall be
installed. The internal circulation system, including
drives and maneuvering areas, shall be designed to permit
convenient maneuvering of cars and service vehicles into
and out of each parking and loading space, and shall be
arranged so that no vehicle need back onto a public
right-of-way. No occupied parking or loading space shall
interfere with access to any other parking or loading
space, or with any pedestrian walkway."
Section 58. That the existing Section 20A-10.3 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection 14 (§20A-10.3.14) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
- 42 -
"14. The applicant for site plan review may, at the
applicant's option, submit a preliminary site plan
sketch indicating a general idea of how the
applicant proposes to develop the parcel. Upon
tentative approval of a sketch, the applicant shall
then proceed to have a detailed site plan prepared
in accordance with the requirements of this section.
In no event, however, shall the tentative approval
of a sketch by the Planning and Zoning Commission
be deemed to provide the applicant with vested
rights in the preliminary site plan sketch or with
respect to any land use suggested therein."
Section 59. That the existing Section 20A-5.6 of~the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Section 20A-5.6 in its entirety
and adding the following new provisions in lieu thereof to read as
follows:
"Sec. 20A-5.6 Wastewater facilities.
A. Wastewater facilities. Whenever a lot is not
served by an approved sanitary sewer, there must be
provided such open space as required by the Florida
Department of Health and Rehabilitative Services ("HRS"),
or its designee, for the septic tank and drainage field
to serve the uses erected on such lot. Such sanitary
installations may be located in a front or side yard, but
not closer than five (5) feet to any lot line and not
within any easements. No septic tank shall be located
within seventy-five (75) feet of mean high water (MHW)
along the Indian River or the Sebastian River. Ail
package plants must conform to the applicable standards
- 43 -
of the Florida Department of Environmental Regulations
(DER) relative to their location to the mean high water
line.
B. Private wells. Whenever a lot is not served
by an approved central water system, a private well may
be provided as required by HRS or its designee; provided
that all wells (irrigation and potable water) shall be
located within either the portion of the side yard ~hat
is not forward of the front building line or within the
rear yard."
Section 60. That the existing Section 20A-6.1.C.3.b of the
Land Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Clause (1) thereof (§20A-6.1.C.
3.b(1)) in its entirety and adding the following new provisions in
lieu thereof to read as follows:
"(1) The site shall be located on a paved public road
with sufficient width to accommodate pedestrian and
vehicular traffic generated by the use. A facility
located within the RS-10 district shall be located
on a major collector street or larger as designated
on the City's adopted thoroughfare map. A facility
located in any other zoning district shall be
located near a major collector street so as to
discourage traffic along residential streets in the
immediate area."
Section 61. That the existing Section 20A-8.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
- 44 -
amended by deleting the existing Subsection D (§20A-8.5.D) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"D. Off-street loading requirements.
Off-street loading spaces shall be provided and
maintained in accordance with the following schedule:
For buildings or structures containing retail,
food store, restaurant, laundry, dry cleaning
or similar retail or service uses which have
an aggregate gross floor area of:
Over 5,000 square feet, but not over
25,000 square feet - one (1) space;
Over 25,000 square feet, but not
over 60,000 square feet - two (2)
spaces;
Over 60,000 square feet, but not
over 120,000 square feet - three (3)
spaces;
Over 120,000 square feet, but not
over 200,000 square feet - four (4)
spaces;
Over 200,000 square feet, but not
over 290,000 square feet - five (5)
spaces; and
Over 290,000 square feet - five (5)
spaces, plus one (1) space for every
additional 100,000 square feet or
fraction thereof in excess of
290,000 square feet.
.2.
For each auditorium, exhibition hall, museum,
hotel, or motel, office building, or similar
use, which has an aggregate gross floor are of
over ten thousand (10,000) square feet, but not
over forty thousand (40,000) square feet, one
(1) space; plus one (1) space for each
additional sixty thousand (60,000) square feet
- 45 -
over forty thousand (40,000) square feet or
fraction thereof.
For any light manufacturing, warehouse,
research and development, assembly or similar
industrial uses which has aggregate gross floor
area of:
Up to 15,000 square feet - one (1)
space;
Over 15,000 square feet but not over
40,000 square feet - two (2) spaces;
Over 40,000 square feet but not over
65,000 square feet - three (3) ~
spaces;
Each .additional 80,000 square feet
over 65,000 square feet - one (1)
additional space.
For any use not specifically mentioned in this
section, the reqUirements for off-street
loading for a use which is mentioned and to
which the unmentioned use is similar shall
apply. Where there is any question as to the
off-street loading needs of any other use, said
number shall be determined and set by the
Community Development Director.
Off-street loading facilities to meet the needs
of one use shall not be considered as meeting
the off-street loading needs of any other use.
No area supplied to meet the required off-
street parking areas for a use shall be
utilized for or be deemed to meet the
requirements of this section for off-street
loading facilities.
Nothing in this section shall prevent the
collective, joint or combined provision of off-
street loading facilities for two (2) or more
buildings or uses; provided, that such off-
street loading facilities are equal in size and
capacity to the combined requirements of the
several buildings or uses and are so located
and arranged as to be usable thereby. Plans
for buildings or uses required off-street
loading facilities under the provisions of this
- 46 -
section shall clearly indicate the location,
dimensions, clearance and access of all such
required off-street loading facilities.
Each space shall have a direct access to a
public right-of-way and shall have the
following minimum dimensions:
(a)
Length: Twenty-five (25) feet; a
larger length upward to thirty-five
(35) feet may be required upon
recommendation by the City Engineer
and approval of the Planning and
Zoning Commission.
(b)
(c)
Width:
Height:
Twelve (12) feet.
Fourteen (14) feet."
Section 62.
That the existing Section 20A-10.1 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Section 20A-10.1 in its entirety,
and adding the following new provisions in lieu thereof to read as
follows:
"A. General site plan review procedure. In all
cases requiring site plan review, no structure or parking
area, or part thereof, shall be erected or used, or land
or water used, or any change of use consummated, nor
shall any building permit be issued therefor, unless a
site plan for such structure or use shall have been
reviewed and
Commission:
approved by the Planning and
Zoning
Filing. Before such site plan shall be approved,
an application for such approval shall be filed with
the City Clerk then directed to the City engineer
or other designated officials for their
recommendation. "City engineer" is defined as that
- 47 -
City employee, or outside person or firm contracted
by the City, responsible to perform the duties
specified herein as the City engineer.
Application, fee and disclosure of ownership. Such
application shall be in a form substantially in
accordance with the form prescribed by the City
Clerk, copies of which may be obtained from the City
Clerk's office. A written power of attorney
authorizing a person other than the owner(s) to sign
such application must be attached to said
application.
Ail applications shall include a verified statement
showing each and every individual person having a
legal and/or equitable ownership interest in the
property upon which the application for site~plan
approval is sought, except publicly -held
corporations, in which case the name and address of
the corporation and principal executive officers
shall be sufficient.
The fee schedule for site plan review shall be as
determined by resolution of the City council.
Review by City staff. The application shall be
forwarded to the City engineer and such other staff
as may be pertinent. City staff shall proceed to
make appropriate studies and/or reviews required to
make an appropriate evaluation. The application,
with evaluative comment, shall then be forwarded to
the City Planning and Zoning Commission for their
consideration and appropriate action. The site plan
review process shall be carried out in accordance
with procedures established by the City engineer and
Planning and Zoning Commission, so as to prevent
inconvenience and delay to the project.
Approval subject to conditions. The Planning and
Zoning Commission may attach to its approval of a
site and plan any reasonable conditions, limitations
or requirements which are found necessary, in its
judgment, to effectuate the purpose of this section
and carry out the spirit and purpose of the zoning
ordinance.
B. Review of minor site plans:
Applicability. For the purposes of this section,
minor site plans shall include the following:
- 48 -
Residential projects comprised of a single
building, having three (3) or four (4)
dwelling units; or
Projects containing less than five
thousand (5,000) square feet of impervious
surface area.
Submission requirements for minor site plans. Minor
site plans shall only include that information
required in Section 20A-10.3, which is determined
to be applicable to the proposed minor site plan by
the building official and City engineer. Ail minor
site plans shall be exempt from the surface water
management requirements of subsection 20A-10.2.H,
but must be able to retain the first one in6h of
rainfall on-site, as required by Chapter 17-~5 of
the Florida Administrative Code.
Minor site plan review procedures. Ail minor site
plan applications shall be reviewed and approved by
the Planning and Zoning Commission. Appeals of such
decisions shall be conducted pursuant to Section
20A-10.4.
C. Minor mo4ifications of site plans. Minor
modifications to approved site plans shall include the
following:
e
Addition of awnings, canopies or other ornamental
structures; redesign and different location of
pools, parking spaces, drives and driveways; or
modifications in stairs or elevations of decks,
porches, terraces and fencing;
Addition of parking spaces not to exceed twenty-
five (25) percent, including fractions thereof, of
the total number of existing parking spaces or five
(5) spaces, whichever is the greater amount;
Attached or detached additions to buildings which
do not increase the floor area in excess of five
hundred (500) square feet;
Installation of utility system improvements
including buildings not exceeding two hundred (200)
feet square feet.
- 49 -
Such changes to approved site plans shall be
reviewed by the building official and City engineer.
If the building official and City engineer have no
objection to the request based on its compliance
with this code, such minor modifications may be
approved by the chairperson of the Planning and
Zoning Commission or a member designated by the
chairperson. If approved as a minor change, the
site plan shall not be required to be returned to
the Planning and Zoning Commission for resubmission.
The chairperson shall report each change so approved
to the Planning and Zoning Commission for the record
at the next scheduled meeting.
D. Conformance with zoning regulations required.
Any such building, structure or use shall be erected,
altered, installed and maintained in full conformity with
the provisions of the zoning ordinance and the approved
site plan.
E. General requirements. Site plan approval as
provided for herein shall be required for each of the
following:
1. Any new construction and additions to buildings, parking
areas, or drainage facilities, except for single-family
homes and duplexes. In addition, single-family homes and
duplexes located on the east side of Indian River Drive
must file a site plan pursuant to the procedures of this
Article, as required by Section 20A-3.11.
2. Any change of use within an existing facility which
results with an increase of intensification of parking.
3. The filling or excavation of lands' located on the east
side of Indian River Drive.
4. Ail conditional uses."
- 50 -
Section 63. That the existing Section 20A-3.8 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection C (§20A-3.8.C) in its
entirety, and adding the following new provisions in lieu thereof
to read as follows:
"C. Conditional uses. In this district as a
conditional use a building or premises may be used for
only the following conditional uses upon compliance with
applicable conditions stated in Article VI and all Other
applicable provisions of this code, including site plan
review and performance criteria. The Planning and Zoning
Commission shall ascertain if such conditions and
provisions are satisfied. Appeal of such decisions shall
be heard by the City Council.
Conditional uses: Home occupations, model homes,
child care services, child care facilities, educational
institutions, nursing homes (including rest homes or
convalescent homes), public and private utilities, public
parks and recreation areas, public protective and
emergency services, hotels and motels with kitchen
facilities in units, limited commercial activities and
restaurants (excluding drive-ins and fast food services),
transient quarters with kitchen facilities on each and
all units for seasonal residents, veterinary medical
services and accessory uses."
- 51 -
Section 64. That the existing Section 20A-3.9 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection C (§20A-3.9.C) in its
entirety, and adding the following new provisions in lieu thereof
to read as follows:
"C. Conditional uses. In this district as a
conditional use a building or premises may be used for
only the following conditional uses upon compliance with
applicable conditions stated in Article VI and all 6ther
applicable provisions of this code, including site plan
review and performance criteria. The Planning and Zoning
Commission shall ascertain if such conditions and
provisions are satisfied. Appeal of such decisions shall
be heard by the City Council.
Conditional uses: Funeral homes, gasoline sales,
nursing homes (including rest homes or convalescent
homes), public and private utilities, public parks and
recreation areas, child care facilities, public
protective and emergency services, hotels and motels,
restaurants (excluding drive-ins), transient quarters,
veterinary services and accessory uses."
Section 65. That the existing Section 20A-3.16 of the Land
Development Code of the City of Sebastian, Florida, is. hereby
amended by deleting the existing Subsection C (§20A-3.16.C) in its
- 52 -
entirety, and adding the following new provisions in lieu thereof
to read as follows:
"C. Conditional uses. In this district as a
conditional use a building or premises may be used for
only the following conditional uses upon compliance with
applicable conditions stated in Article VI and all other
applicable provisions of this code, including site plan
review and performance criteria. The Planning and Zoning
Commission shall ascertain if such conditions- and
provisions are satisfied. Appeal of such decisions shall
be heard by the City Council.
Conditional uses: Educational institutions, child
care facilities, golf course and support facilities,
places of worship, public parks and publicly owned
recreation areas equipped with stadium type lighting,
public protective and emergency services, hospitals and
extensive care facilities, public and private utilities,
civic and cultural activities, public and private not-
for-profit clubs, and accessory activities."
Section 66. That the existing Section 20A-3.10 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection C (§20A-3.10.C) in its
entirety, and adding the following new provisions in lieu thereof
to read as follows:
- 53 -
"C. Conditional uses. In this district as a
conditional use a building or premises may be used for
only the following conditional uses upon compliance with
applicable conditions stated in Article VI and all other
applicable provisions of this code, including site plan
review and performance criteria. The Planning and Zoning
Commission shall ascertain if such conditions and
provisions are satisfied. Appeal of such decisions shall
be heard by the City Council.
Conditional uses: Adult entertainment
establishments, bars and lounges, child care facilities,
drive-through facilities, farmer's market, funeral homes,
hotels and motels, indoor theaters and other enclosed
commercial amusements, merchandising of secondhand goods
(including flea market), nursing homes (including rest
homes or convalescent homes), public and private
utilities, public parks and recreation areas, public
protective and emergency services, restaurants (drive-
in), vehicular service and maintenance, veterinary
medical services, whole-sale trades and services, and
accessory uses."
Section 67. That the existing Section 20A-11.3.C.3 of the
Land Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subparagraphs a. and d. (§20A-
- 54 -
11o3.C.3.a and §20A-11.3.C.3.d) in their entirety, and adding the
following new provisions in lieu thereof to read as follows:
,ia.
Officers. The Planning and Zoning Commission
shall elect a chairperson and a vice-chair
person from among its members at the first
regular meeting of the Planning and Zoning
Commission held at the beginning, of each
calendar year. Each such officer shall serve
a term of one year or until his or her
successor is appointed. The Planning and Zoning
Commission shall follow the criteria set forth
in Section 20A-11.3.A.3. The City Clerk shall
appoint a City employee to serve as secretary
to the Planning and Zoning Commission and take
minutes of the meetings of the Plannin~ and
Zoning Commission."
"d.
Procedures for local planning agency. Rules
of the Planning and Zoning Commission shall
apply to the Planning and Zoning Commission
acting under the powers extended to the local
planning agency in Chapter 163 of Florida
Statutes. Members of the local planning agency
shall continue to be appointed and follow such
rules of procedure, methods of choosing
officers, setting of public meetings, providing
financial support and accomplishing its duties
in ordinances and resolutions adopted by the
City Council. Ail meetings of the local
planning agency shall be public meetings and
all agency records shall be public records.
The local planning agency shall encourage
public participation. A written agenda shall
be prepared prior to each meeting with an
agenda submission deadline as established by
the Planning and Zoning Commission. The
Planning and Zoning Commission, by the
unanimous consent of all of the Planning and
Zoning Commission members present at a meeting,
may add or modify the written agenda by adding
additional items thereto, but the Planning and
Zoning Commission members shall not take action
on any items added to the written agenda at
such meeting when prohibited by law."
- 55 -
Section 68. That the existing Section 20A-11.8 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection D (§20A-11.8.D) in its
entirety, and adding the following new provision in lieu thereof
to read as follows:
"D. Action following reviews by City Planning and
Zoning Commission. After review of the proposed
comprehensive, plan amendment, and the revision relating
to thereto, the City Clerk shall place the proposed
amendment, with comments from the Planning and Zoning
Commission, on the next available meeting agenda for City
Council review and possible direction from City Council
to the City Attorney for preparation of an ordinance.
The applicant shall be advised of the time and place of
the City Council meeting.
After an ordinance has been prepared by the City
Attorney, the City Clerk shall schedule the first reading
of the ordinance regarding the proposed comprehensive
plan amendment on the next regularly scheduled council
meeting. The first reading shall be a public hearing,
at which time the City Council will consider approval of
the ordinance and whether to submit the proposed
amendment to the Department of Community Affairs, State
of Florida ("DCA") for review and comments. Notice of
the first public hearing shall be as required by general
or special law.
- 56 -
The City Council shall consider, for purposes of
transmittal, each amendment to the comprehensive plan,
to the Department of Community Affairs. An affirmative
vote of three (3) members of the City Council is required
for favorable action on a proposed comprehensive plan
amendment. This deliberation of the City Council shall
consider the criteria set forth in Section 20A-11.8~C~
together with the findings and recommendations of the
Planning and Zoning Commission. The application fo~ the
proposed amendment shall be deemed denied if the City
Council denies transmittal to DCA. Likewise, if the City
Council denies transmittal of a proposed comprehensive
plan amendment, which includes concurrent rezoning
requests, said rezoning request shall be deemed denied
as well. At the conclusion of the transmittal public
hearings, the City Council will announce its intention
to hold a second public hearing on all proposed
comprehensive plan amendments that have been approved for
submittal to DCA. All proposed comprehensive plan
amendments that have been approved for submittal to DCA
must be accompanied by ten (10) copies of each proposed
amendment at the time of transmittal. The transmittal
letter shall contain a brief description of the action
taken by the City through the date of the transmittal
letter, and the contact person for the City regarding any
inquiries concerning the proposed comprehensive plan
- 57 -
amendment. Proposed comprehensive plan amendments shall
be submitted only twice per calendar year that is January
31 and July 31. If the City Council does not approve the
proposed comprehensive plan amendments for transmittal
until after the January 31 or July 31 dates, they will
be submitted in the next transmittal period. If there
are no proposed comprehensive plan amendments to be
transmitted at the end of January 31 or July 31, said
deadline date shall be extended until the end of leach
succeeding month until at least one comprehensive plan
amendment is ready for transmittal, but may not be
extended for more than five (5) months.
After return of the comments from DCA, the City
shall, within sixty (60) days of receipt of said
comments, schedule the proposed comprehensive plan
amendment for the second public hearing 'by the City
Council. The second hearing shall be a public hearing
requiring notice provided by general or special law. An
affirmative vote of three (3) members of the City Council
is required for favorable action on the second reading
of the proposed comprehensive plan amendment ordinance.
The City Clerk shall notify the applicant by letter
within five (5) days after the City Council decision
advising each applicant of the action taken by City
Council on the applicant's proposed comprehensive plan
amendment.
- 58 -
The City Clerk shall prepare a transmittal letter
to the DCA regarding all amendments approved by the City
Council. The letter shall be accompanied by five copies
of the agenda for each approved amendment and five (5)
copies of the recorded ordinance amending the
comprehensive plan. The letter shall also contain a
review of all action taken by the City prior to final
transmittal, together with the contact person for the
City who will be able to answer any inquiries regarding
the proposed amendment."
Section 69. That the existing Section 20A-12.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing term "Commercial amusement,
unenclosed" in its entirety, and adding the following new provision
in lieu thereof to read as follows:
"Commercial amusement unenclosed. A commercial amusement
which is conducted in an outdoor area or in an unenclosed
structure. This definition includes, but is not limited
to, the following: drive-in theaters, golf driving
ranges, animal or vehicular race tracks, amusement parks
and stadiums."
Section 70. That the existing Section 20A-6.1.C.3.b(6) of
the Land Development Code of the City of Sebastian, Florida, is
- 59 -
hereby amended by adding new Subclause (e) (§20A-6.1.C.3.b(6)(e))
thereto to read as follows:
"(e) No usable outdoor recreational area shall be utilized
within any dedicated easement."
Section 71. That the existing Section 20A-6.1.C.14 of the
Land Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subparagraphs a and.b (~20A-
6.1.C.14.a, and §20A-6.1.C.14.b) in its entirety, and adding the
following new provisions in lieu thereof to read as follows:
"a. Applicable zoning 4istricts. Home occupations
shall be a conditional use allowable in the following
zoning districts: RE-40, RS-20. RS-15. RS-10, R-MH,
8, RM-12, COR, MCR and GMC. Existing nonconforming
residences within all zoning districts may obtain a home
occupation permit if the proposed home occupation does
not violate Article IX (nonconformities and
noncompliances) of the Land Development Code.
b. Conditional use criteria. Home occupations
shall be allowed provided that the following conditions
are continuously met commencing with the date the
application for approval of same is approved:
(1) Ail activities pertaining to the home
occupation that are to be performed at the dwelling
(the "Premises") shall be carried on entirely within
- 60 -
the dwelling located on the Premises and only by
members of the family permanently residing therein~
No person, other than the members of the family
permanently residing in the dwelling on the
Premises, shall engage in any activities in
furtherance of the home occupation at the Premises.
No persons shall be employed by the owner of the
business seeking approval of the home occupation
except individuals who are members of the f~mily
permanently residing in the dwelling located on the
Premises where the home occupation is to be situate.
No more than one (1) commercial vehicle shall be
kept or parked at the Premises in connection with
such home occupation, and any such vehicle shail not
have a carrying weight in excess of three-quarters
(3/4) of a ton nor exceed twenty (20) feet in
length. All types of trailers are prohibited. No
advertising or commercial signage shall be affixed
to, or visible from the commercial vehicle.
Materials or equipment associated with the home
occupation may be temporarily stored within an
enclosed compartment of the commercial vehicle.
(2) The use of the Premises, including the
dwelling, for the home occupation shall be clearly
incidental and subordinate to its use for residential
- 61 -
purposes. The use of the Premises for the home
occupation shall not change the residential use thereof.
(3) There shall be no change in the outside
appearance of any structure located on the Premises.
There shall be no evidence of the conduct of the
home occupation visible from the exterior of the
dwelling or other structures located on the
Premises. Furthermore, there shall be no display
that will indicate, from the exterior of3 the
dwelling or any other structure, that the Premises
are being utilized for any purpose other than as a
residence. Provided, however, that this provision
shall not preclude the utilization of any sign or
signs required to be placed on the Premises under
a provision of Florida Statutes then in effect, but
any such sign shall be non-illuminated and shall be
mounted flat against the door or wall of the
principal dwelling at a position not more than two
(2) feet from the main entrance of the dwelling.
(4) No activities pertaining to the home occupation
shall be conducted in any accessory building or garage
or anywhere outside of the principal dwelling. Such
prohibited activity shall include, but are not limited
to, the storage of any materials, inventory, equipment
or supplies.
- 62 -
(5) No home occupation shall occupy more than
twenty percent (20%) of the first floor area of the
dwelling constituting the principal residence exclusive
of the area of any open porch or attached garage or any
other space not suited or intended for occupancy as
living quarters. All storage of materials, supplies and
and inventory at the Premises related to the home
occupation shall be located within the area of such
twenty percent (20%), and such storage shall no% comprise
an area exceeding one hundred (100) square feet. No
vehicles or equipment shall be stored at the Premises
other than with respect to the one (1) commercial vehicle
described in Clause (1), above. Therefore, all such
equipment and vehicles shall be stored on real property
zoned for such storage if stored within the City limits
of the City of Sebastian.
(6) No commodity or product of any home occupation
shall be delivered from the Premises to any person or
carrier. Any commodity or product shall be removed from
the Premises only by a member of the family permanently
residing in the'dwelling on the Premises. Only one (1)
delivery of materials or supplies shall be delivered to
the Premises by carrier during a week.
(7) No traffic shall be generated by any occupation
in a greater volume than would normally be expected to
a residence in the immediate neighborhood.
- 63 -
(8) No mechanical equipment or electrical equipment
shall be employed or stored on the Premises other than
equipment usually found in a residence which is
associated with a hobby or vocation conducted for no
monetary gain or profit. All such equipment must be
located within the twenty percent (20%) area described
in Clause (5), above.
(9) No equipment or process shall be used in
connection with a home occupation which crea~es noise,
vibration, glare, fumes, odor or electrical interference
detectable by the normal senses from any location other
than on the Premises. No equipment or process shall be
used in connection with the home occupation which causes
visible or audio interference in any radio or television
receiver, telephone, organ or other similar items that
are located other than on the Premises.
(10) No home occupation shall be allowed except an
address of convenience. A home occupation shall be
considered as an "address of convenience" if the
activities thereof consist solely of receiving phone
calls, making phone calls, receiving mail or keeping
business records of the home occupation.
(11) A home occupation is subject to all applicable
city occupational licenses and other business taxes,
except as specifically preempted by state or federal law.
Each applicant for a home occupation shall submit a sworn
- 64 -
application, on the application form provided by the
City, to the City Clerk along with the application fee
established, from time to time, by the resolution of the
City Council. The applicant shall submit a recent
photograph of the Premises which shows the entire front
yard and all driveways and carports, with the
application.
(12) No home occupation shall be construed to
include personal services, including, but not 13imited to,
massage, cosmetology, barbering, beauty parlor or shop,
tea room, food processing for sale, kennel, animal
grooming, radio or television repair, furniture building,
repair or refinishing, cabinet making, boat repair or
building, automobile or other vehicle servicing or
repair, rebuilding or repair for others, metal
fabrication or cutting employing welding or cutting
torches, child car facilities accommodating 5 or more
children, a gift shop, a funeral home, a medical or
dental laboratory, showroom or display area, or any
activity similar or reasonably similar to any of the
activities hereinbefore listed.
(13) If any home occupation requires a license or
permit from the State of Florida, the Federal Government,
or any agency, department or bureau thereof, the
applicant for a home occupation permit shall provide the
Director or Community Development or his designee with
- 65 -
a current, valid copy of any such license or permit
before the home occupation shall be conducted. Any
failure of the applicant to maintain any such license or
permit in an active and current status shall cause the
automatic and immediate suspension of the home occupation
permit granted hereunder.
(14) No home occupation shall be approved when the
applicant desiring approval has been determined to be in
violation of a provision of the Code of Ordinances of the
City of Sebastian, including any provision contained in
the Land Development Code, unless the approval of the
conditional use for a home occupation will result in the
applicant becoming in compliance and no longer in
violation of any provision of the Code of Ordinances of
the City of Sebastian, including the Land Development
Code, with respect to the Premises.
(15) Any home occupation permit granted pursuant
to this section may be revoked by the Planning and Zoning
Commission upon the
continuously comply
subsection and all
failure of the applicant to
with all provisions of this
of the provisions of the Land
Development Code applicable to conditional uses,
generally, or to continuously comply with all conditions
of any license or permit issued by the State of Florida
or the Federal Government, including any agency,
department or bureau thereof.
- 66 -
(16) Any applicant for the home occupation permit
may file an appeal to the City Council to review the
action of the Planning and Zoning Commission in failing
to approve such application or in revoking any home
occupational permit, which appeal shall be in writing and
filed with the City Clerk within ten (10) days from the
date of final action of the City Planning and Zoning
Commission. The City Clerk shall place the matter of
appeal on the City Council agenda as expeditiously as
possible. The City Council shall thereupon set a date
for a public hearing with regard to such appeal. After
giving public notice thereof in such a manner as the City
Council shall prescribe, at which time all interested
parties shall have the right to appear before the City
Council in regard thereto, the City Council shall render
its decision therein. The decision of the City Council
shall be final unless otherwise appealed by the aggrieved
party to the Circuit Court in and for Indian River
County, Florida, within thirty (30) days of the final
decision of the City Council.
(17) Whenever a home occupational permit shall have
been granted, it shall not be considered to run with the
land. In the event the applicant receiving the grant of
a home occupation permit no longer maintains his or her
principal residence at the principal dwelling located on
the Premises, the home occupational permit shall
- 67 -
automatically terminate.
Community Development Department, in writing, in the
event the applicant no longer maintains his or her
residence at the principal dwelling located on the
Premises."
The applicant shall notify the
Section 72. CONFLICT. Ail Ordinances or
Ordinances in conflict herewith are hereby repealed.
parts of
Section 73. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this Ordinance shall
become and be made a part of the Land Development Code of the City
of Sebastian, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; and the word
"Ordinance" may be changed to "Section," "Article" or other
appropriate designations.
Section 74. SEVERA~ILIT~. 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
this 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
- 68 -
this Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 75. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Council
member
Council member
vote, the vote was as follows:
The motion was seconded by
and, upon bein~ put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council member Peter R. Holyk
Council member George G. Reid
Council member Carolyn Corum
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powelt, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
- 69 -
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the as
required by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1993,
and that following said public hearing this Ordinance was passed
by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
- 70 -
i c.y of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Approved for Submittal By:
City Manager
Riverfront )
Survey Proposal )
)
)
)
)
)
)
.o. '
Dept. Origin ~ ENG/PW
Date Submitted 01-19-93
For Agenda of 01-27-93
Exhibits: City Engineer Memo
) dated 1-19-93, Survey
) Proposal- Rod Reed
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
A proposal from Rod Reed, Registered Public Land Surveyor
in the State of Florida to survey the corridor commonly
known as Indian River Drive was received and reviewed.
The survey will be a topographic survey from the south
city limits to the north city limits and will show
right of way locations, all improvements, and elevations.
I have reviewed the scope of services and the required
compensation and have determined that it is fair and
equitable with the proposed services.
RECOMMENDED ACTION
Move to approve the proposal for surveying from Rod Reed
Public Land Surveyor in the amount of $8,230.
.'i
City of Sebastian I
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
MEMORANDUM
DATE; January 19, 1993
TO: Mayor and City Council
THROUGH: Robert S. McClary
City Manager
FROM:
Daniel C. Eckis, P.E.
City Engineer/Public Works Director
RE:
Riverfront Development - Survey Proposal - Rod Reed
At the direction of City Council to begin improvements along
the Riverfront Development District and Indian River Drive
for bicycle paths and pedestrian walkways, a survey will be
required to determine the location of existing topographic
features. A meeting was held with Rod Reed Registered Public
Land Surveyor who prepared survey information for Indian
River County for the installation of the sanitary sewer force
main. We discussed several approaches to determine the
existing location of the right of ways and improvements,
which included aerial photography. However, due to the long
and narrow area he explained a ground crew would be more cost
effective.
It has been my experience that whenever-a project of this
nature is considered for the construction of improvements
that adjacent property owners may not concur with the right
of way limits. When this occurs, the survey brings this
possible conflict to the forefront for discussion and
resolution. Without a proper survey the contractor could
forcibly be stopped during his construction causing delays
and project costs overrun. It is understood that the survey
will not intercept all possible conflicts or resolve all
situations to both the city and owners satisfaction. There
will be certain cases in which title survey work will need to
be completed. However, it is vitally important that any
possible conflicts be determined prior to the installation of
the improvements.
The proposed fee does not exceed the statutory limits of the
Chapter 287 FS, "Consultants' Competitive Negotiations Act",
which is $10,000. Mr. Reed is uniquely qualified for this
project due to his extensive research of the Indian River
Drive right of way and his survey for the indian River County
utilities which are constructed within the existing Indian
River Drive right of way.
MASTELLER, MOLER & REED, INC.
PROFESSIONAL LAND SURVEYORS
January 19, 1993
Mr. Rob McClary
City Manager
City of Sebastian
Post Office Box 127
Sebastian, Florida
32958
RE: Riverfront District Surveying Proposal
Dear Mr. McClary:
We thank you for the opportunity to offer the expertise and
experience of Masteller, Moler & Reed Inc. relative to the
proposed referenced project. Upon field investigation of the
site, Masteller, Moler & Reed, Inc. proposes to furnish the
following:
1.)
A route survey delineating the right-of-way lines
of Indian River Drive from the south city limits to
the north city limits. This also includes the
horizontal location of all visible structures,
utilities, pavement, signs, sidewalks and culverts
located within said right-of-way. We also propose
to locate the first (+/-) 50 feet of any road that
intersects into Indian River Drive.
2.)
We propose to locate the shoreline of the Indian
River from the south city limits to the north city
limits along Indian River Drive.
We propose to perform cross-section between the
right-of-way lines of Indian River Drive from the
south city limits to the north city limits on 150
foot stationing increments.
4°)
We propose to show all adjacent land owners along
Indian River Drive from the south city limits to
the north city limits per the latest tax records
of Indian River County, Florida.
5.)
We propose to monument the centerline or baseline
of Indian River Drive for construction or layout
use. This will include benchmarks set along the
route and the horizontal data will be based on the
State Plane Coordinate System of Florida.
[] 1623 N. U.S. Highway 1, Suite B2
Sebastian, FL 32958
(407) 589-4810
(407) 589-2742 Fax
7380 Murrell Road, Suite 106
Melbourne, Florida 32940
(407) 253-4441 _~
(407) 253-4439 F
Mr. Rob McClary
January 19, 1993
Page 2
6.) All information ~ill be drawn on a 24" X 36" sheets
of vellum and will be at a scale acceptable to the
City of Sebastian. We will provide five (5) sets
of signed and sealed drawings together with a
floppy disc of the finished product.
All surveying services performed on this project will be in
complete accord with.the surveying minimum technical standards as
set forth under Section 472 of the Florida Statutes. ·
We propose to perform the above described scope of services
for
the
lump
sum
fee
of
8,230.00. The fee for our services does
not include any recording or filing fees. .
For any and all subcontract services ~nvoiced through our
office, there will b~ a 10% surcharge of the face amount of said
subcontractor's invoice, in or,er to cover the costs associated
~ic:~inistration and coordination of the subcontractor ' s
If at any time information must be forwarded to you by
express mail, these charges will be invoiced to you monthly.
_
Items not specifically outlined in this proposal are not to
be considered a part of this contract.
Other provisions are as follows:
a) Payment of Fee.~
Payment of all fees for services' rendered shall be paid
within thirty (30) days of billing. Commencing on the thirty-first
day, interest shall be added to the unpaid balance at the rate of
one and one-half percent (1-1/2%) per month or a total of eighteen
percent (18%) per annum. In the event that the matter of
delinquent payments shall be turned over to legal counsel for
collection, there shall be added the amounts due for reasonable
legal fees.
The surveys prepared by Masteller,.Moler & Reed, Inc. shall
be the sole property of that firm until payment on ~ny unpaid
balance is made in full. Owner/Client agrees that until payment
is made in full, he, she, or it shall have no proprietary interest
in the surveys prepared by Masteller, Moler & Reed, Inc.
Masteller, Moler & Reed, Inc. shall have the absolute right to
request return of any and all drawings submitted.to governmental
bodies or other parties on.behalf of the Owner~Cllent in the event
of non-payment of outstanding fees by Owner/Client.
~r. Rob McClary
January 19, 1993
Page 3
b) Additional.Work Performed
Any and all work performed, other than
contracted for within this general contract,
the following job classification and rates:
that specifically
shall be billed at
Principal of Firm ........................... $100.00/hr.
Project Manager ............................. $ 60.00/hr.
Survey Field Coordinator ..................... $ 50.00/hr.
Field Crew ................................... $ 85.00/hr.
CAD Draftsperson/Designer ................... $ 45.00/hr.
Draftsperson ................................. $ 35.00/hr.
Administration ............................... $ 25.00/hr.
No such work shall be undertaken except upon authorization of
Owner/Client, which authorization need not be written.
c) Representations Relating to Work Performed
The surveys which are subject to this contract shall be
prepared in a professional, good and workmanlike manner.
Nevertheless, no representations or warranties are made as to
the success, approval or the issuance of permits on any
application submitted by Owner/client based in whole or in part
upon the surveys prepared by Masteller, Moler & Reed, Inc.
Backcharges will not be accepted by Masteller, Moler & Reed,
Inc. unless we provide written agreement covering all corrective
action and the total amount of the backcharge necessary to
accomplish the corrective action.
d) Print Costs
PTint costs include five (5) copies of each phase of each
survey as part of the surveying fee. All other prints and Xerox
copies requested by the client shall be billed to the client based
on a charge of $0.666/SF for blue line prints, $1.50/SF for
sepias, $8.80/SF for mylars, $0.50 for each 8 1/2 x 11 copy, $0.70
for each 8 1/2 x 14" copy, and $1.00 for each oversized copy.
e) Price Guarantee
Prices quoted are firm for sixty (60) days from the date of
this proposal.
Mr. Rob McClary
January 19, 1993
Page 4
f) Contra~....As~qnment
While binding upon the parties, their successors or assigns,
this Contract may not be transferred or assigned without the
consent of both parties. The.Owner/client reserves the right to
terminate this Contract within ten (10) days written notice.
Masteller, Moler & R~ed, Inc. shall be compensated for services
performed t~ termination date.
If thls proposal meets wig your approval, please si~n and
return one (1) copy of this letter as our formal Authorization to
Proceed.
Sincer~L~
MAS TE~~EED, INC.
Rod L. Reed, P.L.S. ~3916
President
AUTHORIZk~0N To PR.OC~D
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
SUBJECT: APPROVAL OF LANDSCAPE
SERVICES FOR U.S. #1 MEDIANS BY
BRAD SMITH ASSOCIATES, INC.
Approved For Submittal By:
City Manager '
Agenda Number: y~,O~/~/~/O~-~ /
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
1.
01/20/93
01/27/93
Agreement for Professional
Services
EXPENDITURE
REQUIRED:
$6,650.00
AMOUNT
BUDGETED:
$5,000.00
APPROPRIATION
REQUIRED:
$1,650.00
SUMMARY STATEMENT
At its regular workshop meeting of January 6, 1993, the City Council
authorized staff to proceed in the implementation of the "1993 Plan of
Action for the Riverfront" One particular phase for the action plan was
to hire a landscape architect to develop a landscape plan for the U.S. #1
medians. Although this project will not exceed the minimum.thresholds as
outlined in Chapter 287 of the Florida Statutes regarding the Competitive
Negotiations Act, the City requested qualifications from three local
landscape architects to determine the best qualified firm for this
project.
Staff would recommend the approval of services from Brad Smith Associates,
inc. as outlined in Attachment A in the amount of $6,650.00. Mr. Brad
Smith has also included a separate proposal as outlined in Attachment B
regarding his services to oversee the actual construction and
implementation of his landscape plan. At this time, staff does not
anticipate the need for this specific service but, we would possibly
utilize Mr. Smith on an as-needed-basis depending on the circumstances
that may arise.
RECOMMEND ACTION
Move to approve the agreement between the City of Sebastian and Brad Smith
Associates, Inc. in the amount of $6,650.00 and authorize the Mayor to
sign the agreement. ~
AN AGREEMENT FOR THE PROVISION OF
PROFESSIONAL SERVICES
TERMS AND CONDITIONS
The Firm shall perform the services outlined in this agreement for the stated fee arrangement. No
prior or present agreements or representations shall be binding upon any of the parties hereto
unless incorporated in this agreement. Modifications or changes in this agreement must be in
writing and executed by the parties bound to this agreement. This agreement is not ~ransferable by
either signatory to a third party without the consent of the other principal parts.
Project Name/Location:
As described in Attachment.
Scope/Intent and Extent of Services:
As described in Attachment.
Access To Site:
Unless otherwise stated, the Firm will have access to the site for activities necessary for the
performance of services. The Firm will take precautions to minimize damage due to these
activities, but have not included in the fee the cost of restoration of any resulting damage.
Fee:
The total fee, as stated in the Attachment, shall be understood to be an estimate (If indicated as an
hourly fee arrangement), and shall not be exceeded by more than ten percent (10%) without written
approval of the Client. Where the fee arrangement is to be on an hourly basis, the rates shall be
those that prevail at the time services are rendered. Current rates are as follows:
Principal/(Landscape Architect):
Draftsperson:
Technical Typist/Administrative:
$75.00/Hr.
$27.50/Hr.
$25.00/Hr.
Billings/Payment:
Invoices for the Firm's services shall be submitted, at the Firm's option, either upon completion of
such services or on a monthly basis. Invoices shall be payable within 30 days after the invoice
date. If the invoice is not paid within 30 days, the Firm may, without waiving any claim or right
against the Client, and without liability whatsoever to the Client, terminate the performance of the
service. Retainers shall be credited on the final invoice.
Indemnification:
The Client shall indemnify and hold harmless the Firm and all of its personnel from and against
any and ail claims, damages, losses and expenses (including reasonable attorney's fees) arising out
of or resulting from the performance of the services, provided that any such claim, damage, loss or
expense is caused in whole or in part by the negligent act, omission, and/or strict liability of the
Client, anyone directly or indirectly employed by the Client (except the Finn), or anyone for whose
acts any of them may be liable.
Risk Allocation:
In recognition of the relative risks, rewards and benefits of the project to both the Client and the
Firm, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by
law, the Firm's total liability to the Client for any and all injuries, claims, losses, expenses,
damages or claim expenses arising out of this agreement from any cause or causes, shall not
exceed ten (10) times our fee or $50,000.00, whichever is less. Such causes include, but are not
limited to, the Firm's negligence, errors, omissions, strict liability, breach of contract or broach of
warranty.
items Supplied and Extra Work:
The Landscape Architect shall be reimbursed for blueprinting and duplication of documents, and
other incidental expenses at Direct Cost, excepting however the first five (5) sets, which shall be
provided, if, during the progress of the development of plans or construction, the Client requests
the Landscape Architect to perform additional services other than those defined in the Attachment,
payment for such work shall be negotiated prior to commencement of the work based on the
prevailing hourly rates.
Termination of Services:
This agreement may be terminated by the Client or the Firm should the other fail to perform its
obligations hereunder. In the event of termination, the Client shall pay the firm for all services
rendered to the date of termination, all reimbursable expenses, and reimbursable termination
expenses.
Ownership of Documents:
All documents produced by the Firm under this agreement shall remain the property of the Firm
and may not be used by the Client for any other endeavor without the written consent of the Firm.
Applicable Laws:
Unless otherwise specified, this agreement shall be governed by the laws of the State of Florida.
The
(slgnatuJe)'
terms and
apart of this Agreement.
conditions and initials required on this form and the
Accepted by:
(signature)
Bradley A. Smith, ASLA, President
BRAD SMITH ASSOCIATES, INC.
(printed name/rifle)
CITY OF SEBASTIAN
(date accepted)
2
ATTACH.MENT .A
Agreement for Professional Services Between
BRAD SMITH ASSOCIATES, INC.
and
City of Sebastian
Post Office Box 780127
Sebastian, Florida 32978
PROJECT NAME AND LOCATION:
U.S. Highway #1 Landscape & irrigation Improvements
Approximately 2 miles within the City Limits (entire length of roadway falling within the
City Limit Lines).
SCOPE/SERVICES:
PRELIMINARY PHA_SE:
Prepare preliminary landscape design concept drawing at an appropriate scale, using
reproducible plan view drawing of the proposed medians prepared by the State of Florida
Department of Transportation as a base map (provided by the Client).
Prepare a study report consisting of a brief narrative description of the various landscape
and irrigation alternatives available to the City of Sebastian, and a preliminary opinion of
probable landscape and irrigation construction costs, broken into separate amounts for
materials and labor for each option identified. The report shall include the Consultant's
recommended design approach.
Coordinate with the Florida Department of Transportation (FDOT) regarding the proposed
design approach for the project~
Meet with City of Sebastian staff to review the Consultant's findings and recommendations
regarding the proposed improvements.
FINAL PHASE: On the basis of the approved design concept and budget, prepare final
construction drawings:
A. Final landscape drawings shall include plant schedule with botanical and
common names, and plant size specifications.
B. Proposed landscaping shall meet or exceed Florida Department of
Transportation (FDOT) and City of Sebastian requirements.
C. Irrigation drawing shall be designed to provide 100% automatic coverage to all
landscaped areas, taking into account the proposed plant material watering
requirements, and soil conditions.
Prepare final opinion of probable landscape and irrigation construction costs, broken into
separate amounts for materials and labor.
The Landscape Architect shall meet
concerning the planning of the project.
as necessary with
Attachment- 1
Client's representative
I
I
i
Two primary meetings are as follows:
a) One to review preliminary landscape design concept drawings, preliminary
opinion of probable landscape and irrigation construction costs; to receive
review comments, and authorization to proceed with final landscape and
irrigation design and the preparation of final construction drawings.
b) One to review final drawings, and to discuss the bidding phase of the project.
BIDDING PHASE S~.RVIC'E$:
Prepare landscape and irrigation proposal and bid forms, bid breakdown forms, and
Division Ii technical specifications. Note: these documents shall include detailed materials
lists for use by FDOT in obtaining materials for the project.
It is anticipated that the City of Sebastian will install the landscape and irrigation
improvements with its own forces, however, bid forms shall be prepared in such a manner
as to be capable of being used to obtain competitive bids for construction of the project
(installation only), ff necessary.
Preparation of Invitation to Bid, Insnmctions to Bidders, Contract Forms, General and
Supplementary Conditions, Special Provisions, and Division 1 Technical Specifications is
not included in the Scope of' Work under this Agreement. Preparation of such items, if
required, shall be considered as Additional Services, to be invoiced on an hourly basis.
Review, and tabulate bids for landscape and irrigation installation. Make recommendation
to Client regarding award of Contract for installation of materials provided by FDOT.
CONSTRUCTION REVIEW: The Client recognizes that construction review is a vital
element of a Landscape Architect's complete service, provided to minimize problems
during construction. Should the Client for any reason not retain the Landscape Architect to
review construction, the Client waives any claim against the Landscape Architect, and
agrees to indemnify, defend and hold the Landscape Architect harmless from any claim or
liability for injury or loss arising from problems during construction that allegedly result
from findings, conclusions, recommendations, plans or specifications developed by the
Landscape Architect.
Construction Review services are addressed separately in Attachment "B" to this
Agreement.
FEE A~[RANGEMENT:
The Client agrees to pay the Landscape Architect for professional services as follows:
A lump sum of Six Thousand Six Hundred Fifty Dollars ($6,650.00), according to the
following schedule of values:
20% Earnest Fee
25% Preliminary design phase
55% Final design and bidding phase
ADDITIONAL SERVICES:
Additional services may include, but not be limited to the following items:
$1,330.00
$1,663.00
$3,657.00
Making revisions in drawings, specifications, or other documents which are
inconsistent with verbal or written instructions given by Client or Client's
Attachment - 2
initial
agent, and which are due to causes beyond the control of the Landscape
Architect.
Changes in design concept and/or budget subsequent to receiving approvals at the
preliminary design stage
Providing services other than the normal landscape architectural services required
for landscape approval of the project.
Construction Phase services (these will be authorized separately by Supplemental
Agreement (see Attachment "B"), to be billed hourly).
here: ~ (Landscape Amhitect)
(Client)
Attachment - 3
ATTACHMENT B
Agreement for Professional Services Between
BRAD SMITH ASSOCIATES, INC.
and
City of Sebastian
Post Office Box 780127
Sebastian, Florida 32978
PROJECT NAME AND LOCATION:
U.S. Highway#1 L~dscape & Irrigation Improvements--Co. nstruction Phase
Approximately 2 miles within the City Limits (entre length of roadway falling within the
City Limit Lines).
SCOPE/SERVICES:
PRE-CO _NSTRUCTION MEETING:
project with construction personnel.
Attend a Pre-Consmiction Meeting to review the
CONSTRUCTION PHASE._SERVICES: Observe the work of the contractor on an
intermittent basis not to exceed a total of eight (8) site visits as requested by Client to
observe work progress and to determine if the construction is proceeding in general
accordance with the contract documents.
Notify the Client of observed deficiencies in the work.
Review and approve: A. Shop drawings and samples.
B. Results of tests and inspections.
C. Other data which the contractor or subcontractors (City forces) are required to
submit.
Monitor contractors progress relative to established schedules and report status to Client by
preparing field reports for each site visit.
Project close out shall begin upon notice from the Contractor that his work, which is
believed to be acceptable to the Owner, is substantially complete and in general accordance
with the contract documents. At this point in time, the Landscape Architect shall conduct a
walk-through with the Client's representative to verify that the work conforms to the
contract documents, and to establish a "punch list" of items to be completed or corrected.
Upon notice by the contractor that the "punch list" has been completed, and that the work is
ready for final inspection and acceptance, the Landscape Architect shall conduct a walk-
through to verify "punch list" completion for final acceptance of the work by the Owner.
If deficiencies are found, these will be itemized and a follow up walk-through will be made
to verify final completion of the work.
Visits for the purpose of project close out as described above, are included in the eight (8)
site visits indicated above.
Attachment- 1
AN AGREEMENT FOR THE PROVISION OF
PROFESSIONAL SERVICES
TERMS AND CONDITIONS
The Firm shall pm'form the services outlined in this ag~men[ for the stated fca arrangement. No
sent a recmcilts or representations shall binding upon any of the p~rties here!o
in this a~&cmcot must bcm
prior or pta g-~ .... :- -----emcnt Modifications or chanl~es _
unless incorporates In tm~ ul~_ ·
~tecuted by tbe p~dcs bound lo ihis a~_ meat. This agree_meat ~s not transferable by
writing and ex _... _,.,. .... ~.....,.,,,,,~nt of the other principal parts.
either signntm-y to a tnua party wm~o,., .,,, ~ .....
Project Name/Location:
Aa describ~ in Attachment.
Scope/Intent and Extent o! Services:
Aa described in Attach,n~nt.
Access To Sit~: . . ~c Firm will tak~ precautions to minimize damage du~ to
Unles~ otherwise stated, the Fbm will have access to the site for activities necessary for thc
performance of ~crvsccs TI . ' f an ~suhin chain"Sc.
activities, but have not included In d~c fcc th~ cost of rcstonmon o y g
Fee: ·
smmd thc Auaclun~m, sludl be understood m tm an csdmam (If indicated as
Thc total fc~, aa cmcnt, and ~ n~.t be ex~ by re_nit than t
hourly fcc affang ) ................ ~--,ent ia to b~ on &, ,,,,,,.-~ ,-,, ,
it royal of the Client. wn~r~ mc ~,~ ~---, ,*-. .:
PP ~n~ Currant ra~s m'~ as follows
those that pz~vail at the time services axe
pdncipld/(Land~caP~ Aschimct):
.D. raftspcrson:
'1 ethnical Typist/Admlnisu~tive: $25.00/Hr.
B Iltings/.Pay. m...ent;, '--'1 be submhmd, at tim Firm's option, either upon_ com. pi?lion, of
invoices ~.or me firm s serv_i,_c,c..s,.s_n.a,~ Invoices shall be p~y~ble within 30 d8ys af&~ thc
such servlc~.s or on .~ monmsy u ,~_~...,.. ..... ,-,- Finn ma" without waiving any claim or
,~.,... If tk~. invojC6 tS lint paid wztmn ~u u~y), -,~, - _ ...,~_, ..... ;,.,,,,, tN i~...r~ormancc of the
against thc Client. anO WlmOUt_.ta"?-~ .--,'.-'- .'~. .
service. Retainers shall be crcditccl on me nnat invoice.
indemniftcationt
Thc Client shall indemnify and hold hitrmless the Pjn~ and all of its personnel from and against
· d cx ~s (including reasonable atmm¢.y's fc~s) arising out
a,d a!l c ;ms, that c m.,
of or rcsultinc ,to.m, mc.pc.nonn~ .a_, ~"h~'~h"~'~,li=~,[ act, omission, and/or smct ~,antmy m
cx case iS CatlseO tn WhOle Or m.p ~ . ,__..~.. r.,,;,..., ~,,,r.~.nt th,'- ]:;inTl,. or anyone for whose
,P .,:__ -., .... -,dJrecUv ~mutoyco oy um ~..v,..-,-..-r .........
Cheat, anyone mrra;,,y m -,, ., .-
act~ any of them may be liable.
Risk All.o.catio. n! ........... -'- -,.d ~,,.-,,efits of thc project to both thc Clicnt and. t,hc
In roco nttlon ol mc_ rcluti, v. e rl.~s, r~.w~ _~...~,_,, ~.~.~+ ,,~-'~-s that, to th~ fullest extent 1~rmitte-~ t~y
· t~ct risks have been auocnted such t,,~_~_m~ ,..,~-- ,,~----. ~ ~,,",,'~s claims, losses,
Firm, , - · t for an and al, .,- .... ,
law, thc iVirm s total lmbihty ~, thc C.li~_.--'-i .... 7c~mcnt from any cause or causes, ~hail not.
damages or claim ~xpcnscs arlsln om otm ·
cxc~cd ten (10) times our fcc or $~,000.00, whichavcr ia less. Such causes include, bm
1
limited to, the Firm's ncglige, ncc. errors, omissions, s~ct liability, brca~h of con~cl ~ b~ach o~
Itc s Su lied and E~trn Work: . .
other incidcn~l cxpcnscs at D~ct ~st, cxccp~g ho~c~n mc x~ ~ J -~- Client r~ucsts
rovid~ If, duffs thc progress of
P ' ' -~ .... =---' ....~-~ ~cr ~ those ~fin~ in ~e At~hm~nt,
payment t~ s~cn w~
p~v~g hourly ~te~. , , .
Termination of Services. . · .
~~'-~ ~c date of ~ination, nH ~bur~ab~ ~xpen~e~,
Owner~ip of Documents:
All d~umcnt~ pranced by thc Fi~ un~r ~is ag~mcnt shall ~mn~ thc pm~ny of thc F~m
~d may not ~ us~ by ~c Oicnt for nny od~ cn~av~ wi~out ~c wfi~n consent of ~c ~i~.
Applicable Laws:
Unless othc~isc n~fi~, dds n~mcnt shall ~ govcm~ by ~c laws of ~c Stalc of Florida.
Thc ~rms and conditions and inttinl~ tcqutrcd on thl~ form and thc
~ _A~~ p~ ~ ~i, A~n, cnC
Brainy A. Smi~, AS~, ~i~nt
BRAD SMITH ASSO~A~. ~C. ~rh~ ~e~i~)
~ OF S~AS~AN
(da~ acc~p~d)
2
BRRD SMITH RSSOC. TEL:407-724-1056 Jan 20,93 15:40 No.O02 P.02
ATTACHMENT A
Agreement for Professional Services Between
BRAD SMITH ASSOCIATES, INC.
and
City of Sebastian
Post Office Box 780127
Sebastian, Florida 32978
PROJECT NAME AND LOCATION:
Riv~ View Park Im_m'ovcmonts
SCOPE/SERVICES:
.. I
PRELIMINARY DESIGN PHASE:
Prepare two alternative site design concept drawings at an appropriate s.cal¢, using
reproducible survey provided by thc Client as a base map. These p!.ans shall h~ghlight
Client's objectives within the framework of the existing site condnions, local and state
ordinances. These Concept Plans shall illustrate thc gcncrul locations and rchfionships for
various lend uscs, passive and active space areas, and pedestrian and vehicular circulation
systems. Issucs to be addressed include:
Whet~ to dose a portion or all of Fcllsmcrc Blvd.
Boat parking
· Maintaining thc views to thc Indian River
· Multi-use open space
· T~r~itmcnt along Indian Rtvor Drive
· The n:lationship to ti~c surrounding transportation network
Meet with City of Sebastian staff to review thc two ahcmative design concepts.
Upon thc Client's approval of a Concept Plan, an illusu'ative color rendering will be
pr~eparcd for presentation pu~oscs, consisting of a black-line print of thc approved plan,
with fclt-tipjnarker colofin8, mounted on foam core, and wrapp~l with shrink-wrap.
Present the final rendered approved Concept Plan to the City of Sebastian City Council,
and discuss the Consultant's findings and recommendations regarding the proposed
improvements.
The Landscape Archiwct shall me~t as follows with Client's representative concerning
thc planning of thc project.
a) One reciting to review updated concept drawings, to receive review comm~ms,
and authorization to proceed with final illustretive rendering.
b) One meeting to present thc Consultant's work to the City Council.
It is anticipated that this number of meetings will be adequate for the project. However, if
additional meetings are required, the cost of such shall be consicl~red as eckiitional services
to bc billed on anh0urly basis.
Attachment- 1
BRAD
SMITH RSSOC. 7EL:40?-?24-1Ugb Jan zu,~o l~qu r~u.uu~
F.U,D
FEE ARRANGEMENT:
Thc Client agrees to pa:), th: Landscape Archit~.for p. rofcss, io~..al, services o,n an HOUR..L,Y
basis, as indicated in Fees of this Agree;mont. ~nvm¢cs sna~ o¢ prcparca on a monmiy
basis.
A non-r~fundablc r~taincr fcc of Five Hundred Dollars ($500.00) shall bc paid to thc
Landscape Architect at thc lime of a,uthorizati,o~n to pincer, with ~hc work. in no case shall
the payment for services indicatr. A m S?o..pe~erwces aoove (including thc retainer fcc)
cxce~i a lump sum of One Thousand Nme Huncl~ Fifty Dollars ($1,950.00) without
wriucn authorization by thc Client.
ADDITIONAL SERVICES:
Ac~tional services may i~cludc, but not bc limi~l to thc following items:
I. Making revisions in drawings or other documents whic. h arc incons, is~.nt,wi~
verbal or written instructions given by Client or Client's agent. ~ which arc
duc to ca~ses beyond thc conuol of thc Landscape Architect.
2. Preparation of final c~nsuuction drawings.
3. Pr~pnration of Cost Estimatcs.
Initial here: ~ (Landscape Architect) (Client)
i
I
Atlachment - 2