HomeMy WebLinkAbout02101993 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNF~DAY, FEBRUARY 10, 1993- 7:00 P.M.
CITY COUNCIL CHAMBER~
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
93.060
PG i
iNVOCATION - Reverend Harold Lee - First Baptist
Church of Sebastian
ROLL CALL
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).
PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - American History Month (Recipient
- Betty Bock)
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
93.o4s/
92.222
P(~S 3-4
Please Note: Anyone wishing to speak is asked to,go
to the podium and state his/her name and address for
the record prior to addressing the Council.
~ NO. O-93-01 - Land Development Code
Amendments
First Public Hearing, Second Public Hearing Scheduled
for 2/24/93 (Please refer to 1/27/93 Agenda Packet
for Ordinance - Except for Amended Pages 33 and 64)
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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(HH) MOBILE HOME PLANNED UNIT DEVELOPMENT;
AMENDING THE REQUIREMENTS FOR A COMMUNITY BUILDING AND
A STORM SHELTER IN A PUD(MH) 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-MH MOBILE HOME DISTRICT AND A PUD(M~)
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
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. (lst Reading 1/27/93, ~
Advertised 1/4 Page Press Journal 2/2/93, 1st Public
Hearing 2/10/93)
8. PUBLIC INPUT ON &~ENDA ITEMS
PGS 5-34
93.061
PGS 35-36
93.062/
92.295
PGS 37-44
93.059
PGS 45-46
9. ~AGENDA
All items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 1/27/93 Regular Meeting,
2/3/93 Workshop
B. Bid Waiver - Sole Source - Golf Course Fertilizer
- 22 Tons 15-0-15 w/ IBDU - Vigoro Industries of
Ft. Pierce - $15,004.00 (Staff Recommendation
dated 2/4/93, Golf Course Superintendent Memo
dated 2/2/93)
C. ~_~ ~Q .... R~93~05 - City Engineer Computer
Equipment/Software Lease (Staff Recommendation
dated 2/4/93, R-93-05, Lease)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE
CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN
EQUIPMENT LEASE WITH DANIEL C. ECKIS, IN ORDER TO
LEASE CERTAIN COMPUTER EQUIPMENT AND SOFTWARE;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS iN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE.
D. REsoLuTION NO. R~93~03 - Street Names Changes
(R-93-03)
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93.015
PGS 47-48
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CHANGING THE NAME OF STRATTON
AVENUE; CHANGING THE NAME OF A PORTION OF BARBER
STREET; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
E. Fourth of July Committee - Request Waiver of
Rental Fee and Security Deposit - Use of
Community Center - Organizational Meetings -
Second Tuesday of Each Month - 7:00 P.M. (City
Clerk Recommendation dated 2/4/93, Malek Letter
dated 2/4/93)
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10.
11.
12.
13.
14.
93.063
PGS 49-83
15.
16.
93.064/
92.317
PGS 85-100
PRESENTATIONS - None
MAYOR AND CITY COUNCIL MATTERS
A. Mr. George G. Reid
B. Mayor Lonnie R. Powell
C. Mr. Frank Oberbeck
D. Mrs. Carolyn Corum
E. Dr. Peter R. Holyk
CITY ~TTORNE__Y MATTERS
CITY MANAGER MATTERS
COMMITT~ REPORTSIRECOMMENDATIONS
A. ~ AND ZONING COMMISSION
1. Recommendation - Reappoint J.W. Thompson
to Regular Member Position - Term 2/93
Through 2/96 - Eligible for Reappointment
(Staff Recoxamendation dated 1/28/93, P & Z
Memo dated 1/28/93, Five Applications)
OLD ~,USINESS - None
NEW BUSINESS
A. ORDINANCE NO. 0-93-06 - Tree Protection
(Staff Recommendation dated 2/4/93, 0-93-06
First Reading, Set Public Hearing for 3/10/93
'AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE XIV OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING
TO TREE PROTECTION, IN ITS ENTIRETY; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
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93.o6s/
92. 043
PGB 101-116
93.066/
92.043
PGS 117-122
93.067
PGS 123-124
93.016
PGS 125-127
ORDINANCE NO. 0-92-07 - Rhodes Comprehensive Land
Use Plan Amendment (Staff Recommendation dated
2/3/93, 0-92-07, DCA Letter dated 11/12/92, City
Finding of Facts)
Set Public Hearing for 3/24/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE
COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER
COUNTY RURAL DISTRICT TO CITY LD (LOW DENSITY)
DISTRICT FOR LAND LOCATED IN THE SOUTHWEST SECTION OF
THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS,
LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET
AND NORTH OF THE SEBASTIAN RIVER FLOODWAY; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND
PROVIDING FOR AN EFFECTIVE DATE. (1st Reading
3/25/92, 1/4 Page Ad 5/5/92, 1st Public Hearing
5/13/92)
~RDINANCE NO. 0-92-08 - Rhodes Rezoning
(Staff Recommendation dated 2/3/93, 0-92-08
Set Public Hearing for 3/24/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY IN THE SOUTHWEST SECTION OF THE
CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS, LOCATED
SOUTH OF BLOCK 339, WEST OF LACONIA STREET AND NORTH
OF THE SEBASTIAN RIVER FLOODWAY FROM COUNTY ZONING
DISTRICT AG-1 (AGRICULTURAL) TO CITY ZONING DISTRICT
RS-10 (SINGLE-FAMILY RESIDENTIAL); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE. (lst Reading 3/25/92)
Donate Two Surplus Police Vehicles to the
Fellsmere Police Department (City Manager
Recommendation dated 2/4/93, Parish Letter dated
2/4/93)
U.S. Fish and Wildlife - Request to Close Yacht
Club and Boat Ramp - March 14, 1993 (city Manager
Recomx~endation dated 2/5/93, USFW Letter dated
2/2/93)
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93.068
PGS 129-131
17.
RESOLUTION NO. R-93-08 - Designating city of
Sebastian as "Home of Pelican Island" - Sponsored
by Councilmember Reid (R-93-08)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DECLARING THE CITY OF SEBASTIAN AS
"HOME OF PELICAN ISLAND"; AUTHORIZING AND DIRECTING
THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS
RESOLUTION TO THE U.S FISH AND WILDLIFE SERVICE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
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)
93.069 A.
PG 133
93.070 B.
PGS 135-137
Carlin J. Parker - Code Re: Commercial Trailers
in Residential Zones (Parker Letter dated
1/27/93)
Ron Harsh - United Media Concepts - Proposal to
Videotape City Council Meetings (city Manager
Recommendation dated 2/5/93, Harsh Letter dated
2/4/93)
18. 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.)
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W~EREAs, the National Society baught~ra of the
American Revolution sponsor February as American History
Month each year; and
WT~EREAS, to stimulate a knowledge in both young
and old and a sense Of pride i~ our Nation's great
achievements and dedication to liberty; and
WHEREAS, to stress PrOde in the United states of
America through community services in educational programs,
essay contests and historical tours; and
WHEREAs, through the study o~ American History are
we made aware of the importance of Freedom, EqUality,
Justic~ and Humanity in all o~r lives today; and
W~EREAS, the importano~ of remembering American
History should be duly noted..
NOW THEREFORE, I, Lonnie R. Powell, by virture of
the authority vested in me ae Mayor of the City of Sebastian
Florida~ do hereby proclaim the month of February, as
AMERICAN HIsToRY MONT~
in the city of sebastian and urg~ all residents tO Join
with me this month in recogni~ing the importance of American
History in our live~.
IN WITNESS WHEREOF, I have hereunto Set my hand and
caused the seal of the City of Sebaetiam this lo{h day cf
February, 1993.
ATTEST:
n6n~i~ R. ~6weil, Mayor
Kathryn M. ~alioran, t~t~ Clerk
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.
Development Code
amended by deleting the existing Section (20A-5.1)
entirety and adding the following new provisions in lieu
to read as follows:
That the existing Section 20A-5.1 of the Land
of the City of Sebastian, Florida, is hereby
in its
thereof
"Sec. 20A-5.1 Height exceptions.
ChimneysT-s~eep}esT-s~esT-w~m~m~}}s~-wa~e~-ea~ks?
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.
se=He~H~es-~m-~ev~ees?-~ehe~-eham-~es~e~a~-~a~&e-am~
he~i~3h~- ~ ' ~lee~-~pp~e~e~-By Steeples, silos~
windmills, water tanks and cupolas may exceed heiqh~
li~.tations u_pon the prior ~roval of by the Planning
and Zoning Commission.
permitted heights be
regulations established
approved airports in the City.
In no event, however, shall any
in conflict with the height
by flight angles of state-
All permitted heights
shall comply with
all
- 33 -
(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 creates 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) Except as specifically provided elsewhere in this
Section 20A-6.1.C.14.b.~.. no home occupation~ other than an
address of convenience, shall be allowed
considered as an "address
activities thereof consist
calls, making phone calls,
A
home occupation shall be
of convenience" if the
phone
or keeping
solely of receiving
receiving mail
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
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City of Sebastian
I POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
MINUTES
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. Mayor Powell called the meeting to order at 7:02 p.m.
2. The Pledge of Allegiance was recited.
3. Invocation was given by Henk Toussaint, St. Sebastian
Catholic Church.
4. ROLL CALL
Present:
Absent:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mr. George Reid
Dr. Peter Holyk (excused)
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Asst. Finance Director, Larry
Napier
Asst. Public Works Director, Jerry
Thomas
city Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
January 27, 1993
Page Two
AGENDA MODIFICATIONS ~ ~ DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89-59).
Mayor Powell requested that Item 12 relative to
Planning and Zoning recommendation on home
occupational licenses and memberships be deferred to
the February 3, 1993 workshop. City Council
concurred.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
None.
7. ~~FZNALACTION
93.021/
92. 151
~ NO. 0-93-02 - Charter Revisions -
3/9/93 General Eleotion 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.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. (lst Reading 1/13/93,
Advertised Legal Notices Sebastian Sun 1/15/93, PH and
Adoption 1/27/93)
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Regular City Council Meeting
January 27, 1993
Page Three
93.022/
92.151
The City Attorney read Ordinance No. 0-93-02 by title
only, Mayor Powell opened the public hearing at
7:08 p.m., and there being no input he closed it
immediately.
MOTION by Oberbeck/Reid
I would move that we approve Ordinance No.
0-93-02 as read.
In response to Mrs. Corum, the City Attorney said if
passed, he would be directed to draft an ordinance to
set out procedures for expense approval by City
Council.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 4-0 (Holyk - absent).
B. ORDINANCE NO. 0-93-03 - 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 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 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. (1st Reading 1/13/93,
Advertised Legal Notices Sebastian Sun 1/15/93, PH and
Adoption 1/27/93)
Regular City Council Meeting
January 27, 1993
Page Four
Mayor Powell opened the public hearing at 7:12 p.m.,
and the City Attorney read Ordinance No. 0-93-03 by
title only.
Keith Miller, 961 Riviera Avenue, Sebastian, spoke.
Mayor Powell closed the public hearing at 7:14 p.m.
MOTION by Corum/Oberbeck
I make a motion Council approves Ordinance No.
0-93-03.
A brief discussion took place relative to the Mayor's
role.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 4-0 (Holyk - absent).
93.023/
92.151
~ NO. 0-93-04 - Charter Revisions -
3/9/93 Generel 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
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Regular City Council Meeting
January 27, 1993
Page Five
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)
Mayor Powell opened the public hearing at 7:17 p.m.,
the City Attorney read Ordinance No. 0-93-04 by
title only, and, being no input, he closed it
immediately.
MOTION by Oberbeck/Reid
I would move that we adopt Ordinance No.
0-93-04 charter revisions referring to general
election ballot.
ROLL CALL:
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 4-0 (Holyk - absent).
8. ITEMS DEFERRED FROM 1/13/93 REGUL~.R ~EETING
A. MAYOR AND CITY COUNCIL HATTERS
1. Vice ~ Oberbeck
Macho Products (Previously Distributed by
Vice M__a_yor Oberbeck)
Mr. Oberbeck reiterated concerns expressed relative
to Macho Products, Inc. relocation to north Indian
River County, and requested City Council approval for
Resolution No. R-93-06.
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Regular City Council Meeting
January 27, 1993
Page Six
93.029/
91.221
Mr. Oberbeck requested a progress report on Hardee
Park trees and the Sebastian Lakes agreements for
Laconia Street. The Director of Community Development
responded.
2. Mrs. Carolyn
Mrs. Corum recommended that the City of Sebastian
celebrate Arbor Day in the future.
3. Dr. Peter P~. HolYk
Absent.
4. Mr.. Georqe G. Reid
Mr. Reid commented that the police tower is under
construction.
5. Mayor Lonnie Powell
Mayor Powell said Little League sign-ups were held
and that large numbers had come; expressed hope that
the City never becomes like a city portrayed on
"Primetime" regarding committees and studies for
installation of a light.
B. CITY ATTORNEY M~TTERS
None.
C. ~,iTYMANAGER~
on Utilities Director Appointment
Recommendation dated 1/7/93)
Clay Price, 12430 Roseland Road, Roseland, on behalf
of the North County Council, urged that a Utilities
Director be retained, and stated that it is their
position that the County is the best organization to
provide utility service to the City of Sebastian.
He provided a report to the city Clerk.
The City Manager reiterated his recommended action
(see attached).
6
Regular City Council Meeting
January 27, 1993
Page Seven
TAPE I - SiDE II - 7:50 p.m.
A discussion ensued on the merits of hiring a person
with a PE.
MOTION by Reid/Corum
I would move that we go along with the City Manager's
request to allow him to use his discretion in hiring
a person regardless of whether they have a PE or not
and give him the flexibility to hire somebody without
a PE at the salary range that he was quoting.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck nay
Mrs. Corum aye
Dr. Holyk absent
93.030
MOTION CARRIED 3-1 (Holyk - absent, Oberbeck - nay).
Mr. Oberbeck was excused from 8:05 p.m to 8:07 p.m.
D. COMNITTEE REPORTS/RECOMMENDATIONS
1. PLANNING ~.D ZONING COMMISSION
a. Recommendation - Administration of Oath
(Staff ReQommendation dated ~ R !
Me~o dated 12/8192~ ~osed Resolution)
This item was deferred to the February 3, 1993
workshop agenda.
E. NEW BUSINESS
93.031/
92.260
RESOLUTION NO. R-93-01 - Adopt Agreement -
TRICO Insurance (Staff Recommendation dated
1/6/93, R-93-01, Agreement, ~ssistant Finance
Director Memo dated 10/26/92, Florida
Municipal Risk Reporter dated 9/18/92, City
Attorne~ 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.
The City Attorney read R-93-01 by title only.
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Regular City Council Meeting
January 27, 1993
Page Eight
93.032
m
MOTION by Corum/Oberbeck
I move Council approves Resolution No.
R-93-01.
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
MOTION CARRIED 4-0 (Holyk - absent).
City council Chambers' Video ~ (Staff
Recomme~d~tioD dated 1/7/93)
This item was deferred to the February 3, 1993
workshop agenda.
Mayor Powell called recess at 8:10 p.m. and
reconvened the meeting at 8:25 p.m. Ail members
present at roll call were present when the meeting
reconvened.
PUBLIC INPUT ON AGENDA ITEMS (For Items on the 1/27/93
Agenda)
Walter Golembeski, 660 Forster Avenue, Sebastian,
spoke on item 93.036 specimen tree removal.
A1 Vilardi, 445 Georgia Boulevard, Sebastian,
spoke on item 93.047 Resolution No. R-93-06 Macho
Products, Inc., and handed out information on
hazardous chemicals.
Keith Miller, 961 Riviera Avenue, Sebastian, spoke on
item 93.048 Ordinance No. O-93-01.
Sal Neglia, 461 Georgia Boulevard, Sebastian, spoke
on item 93.049 U.S. 1 median strip landscape
architect.
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Regular City Council Meeting
January 27, 1993
Page Nine
93.033
93.033
93.033
93.034/
92.235
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-93-02 - 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)
Regular City Council Meeting
January 27, 1993
Page Ten
93.035/ F.
92.101
93.018 G.
93.036 H.
93.037 I.
93.038 J.
93.039 K.
93.040 L.
93. 041 M.
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. R-93-04 - 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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Regular City Council Meeting
January 27, 1993
Page Eleven
93.042 N.
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)
93.043 O.
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)
The City Manager read the consent agenda in its
entirety, including the full election proclamation
and titles of Resolution Nos. R-93-02 and R-93-04.
Mrs. Corum removed items D, F and G; Mr. Oberbeck
removed item E; and, Mayor Powell removed items E, H,
and N.
Mayor Powell noted items remaining A,B,C,I,J,K,L,M,
and o.
MOTION by Corum/Oberbeck
I make a motion that we approve those items.
(A,B,C,I,J,K,L,M, and O)
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 4-0 (Holyk - absent).
Mrs. Corum volunteered for the canvassing board.
MOTION by Oberbeck/Reid
I would move that the Council appoint Mrs. Corum
to the canvassing board as our representative.
VOICE VOTE on the motion carried 4-0. (Holyk -
absent)
MOTION by Corum/Oberbeck
I make a motion that we approve the $4,000.00 to
Ann Robinson for payment for our city elections.
11
Regular City Council Meeting
January 27, 1993
Page Twelve
ROLL CALL:
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 4-0 (Holyk - absent).
ITEM
Mr. Oberbeck noted that the applicant's signature is
nowhere on the documents and said, having spoken to
her, she will come in and sign tomorrow.
Mrs. Corum said a resolution should be drafted
relative to time extensions.
MOTION by Oberbeck/Reid
I would move that we approve item E the Morchesky
sandmining special use permit, extending it for the
additional twelve months.
ROLL CALL:
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 4-0 (Holyk - absent).
,IT,EM _F
Mrs. Corum expressed concern relative to groundwater
contamination.
MOTION by Corum/Oberbeck
I move we approve item F of the consent agenda.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk absent
MOTION CARRIED 4-0 (Holyk - absent).
12
Regular City Council Meeting
January 27, 1993
Page Thirteen
ITEM ~
Mrs. Corum expressed concern relative to
hiring a technician rather than a planner.
MOTION by Corum/Oberbeck
I move we approve item G of the consent agenda.
ROLL CALL: Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
MOTION CARRIED 4-0 (Holyk - absent)
,ITEM ~
MOTION by Oberbeck/Reid
I would move that we approve item H of the
consent agenda.
ROLL CALL: Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 4-0 (Holyk - absent).
ITEM N
citizens signed up to speak declined.
MOTION by Oberbeck/Reld
I would move that we approve item N of the
consent agenda.
ROLL CALL: Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 4-0 (Holyk - absent).
13
Regular City Council Meeting
January 27, 1993
Page Fourteen
93.044/
92.134
A. ~ Report - Peter Jones ~ previously
Distributed)
Peter Jones presented the Visions Report to City
Council and thanked them for their cooperation.
TAPE Ii - SiDE I (8:50 p.m.)
93.045/ B.
91.340
Indian Rive~ county ~ Request Letter of NOn-
Ob4ection ~ Land ~urchase ~ Preservat~QD ~000
Grant (Staff Recommendation ~ 1/21/93.
DeB~ois Letter dated 12/14/92, Application)
Roland DeBlois, Indian River County Planner,
addressed City Council, citing the location of the
subject property and purpose of its purchase.
city Council discussion ensued on the question of
preservation vs. development of the property.
MOTION by Oberbeck/Reid
I would like to make a motion that requests
Indian River County to withdraw the application for
this particular land from the Preservation 2000 Grant
and leave that land to remain in our city as
industrial zoned properties for development.
ROLL CALL:
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum nay
MOTION CARRIED 3-1 (Holyk - absent, Corum - nay).
12. COMMITTEE REPORTS]RECOMMENDATIONS
A. PLANNING AN.D $ONING COMMISSION
93.046
Recommendations z~mendment to ~ome
Occupational License and Commission Membership
Requirements (Staff Recommendation dated
1/18/93. ~ & Z Memo dated 11/20/92,
This item was deferred to the February 3, 1993
workshop agenda.
14
Regular city Council Meeting
January 27, 1993
Page Fifteen
13. OLD BUSINESS
None.
14. NEW BUSINESS
93.047
A. 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.
The City Manager read Resolution No. R-93-06 in its
entirety.
Mr. Oberbeck was excused from 9:22 p.m. to 9:24 p.m.
Deborah Curbow, 1080 Evernia Street, Sebastian; Brian
Curbow, 1080 Evernia Street, Sebastian; Charles Hart,
Hotchkiss Road, Roseland; and Rick Hathaway, Macho
Products, inc., 11195 Roseland Road, Roseland; spoke
on the resolution. Mr. Hathaway handed out exhibits
and gave a brief presentation.
TAPE II - SIDE II (9:40 p.m.)
city Council addressed questions to Mr. Hathaway and
a brief discussion followed.
MOTION by Corum/Oberbeck
I would move to adopt Resolution NCo R-93-06.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk absent
MOTION CARRIED 4-0 (Holyk - absent).
15
Regular City Council Meeting
January 27, 1993
Page Sixteen
93.048/ B.
92.222
ORDINANCE NO. 0-93-01 - Land Development Code
Amendments (Staff Recommendation dated 12/18/93,
P & Z Memo dated 1/12/93, 0-93-01
First Reading, Set Publlc Hearings for 2/10/93 and
2/24/93
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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-MI{ 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-MI{ 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(MH) 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-MH MOBILE HOME DISTRICT AND A PUD(MH)
PLANNED UNIT DEVELOPMENT; AMENDING SECTION 20A-5.1 OF
THE LAND DEVELOPMENT CODE PERTAINING TO HEIGHT
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Regular City Council Meeting
January 27, 1993
Page Seventeen
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
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
17
Regular City Council Meeting
January 27, 1993
Page Eighteen
93.010
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.
The city Attorney read Ordinance No. O-93-01 by title
only.
The Director of Community Development clarified
certain provisions relative to parking garages in
commercial zones.
The City Attorney responded to Planning and Zoning
concerns and recommended certain amendments. (see
amended pages attached)
MOTION by Oberbeck/Reid
I would move that we approve the first reading of
Ordinance No. O-93-01 and set the two public hearings
one for February 10th and the second for February
24th, and that the changes be incorporated as
directed at us by the City Attorney.
VOICE VOTE on the MOTION CARRIED 4-0 (Holyk - absent).
Riyerfront survey ~ ~ hod Reed - $8,230.00
~Staff Recommendation ~ ~ City
Engineer Mem9 dated 1/19/93. ~
Mr. Reed said the survey would be completed in
approximately 30 days.
MOTION by Reid/Corum
I'll move to approve the proposal for surveying
from Rod Reed Public Land Surveyor in the amount of
$8,230.
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
MOTION CARRIED 4-0 (Holyk - absent).
18
Regular City Council Meeting
January 27, 1993
Page Nineteen
93.049/ D.
92.081
U.S. 1 Median Landscape Architect ~ Brad Smith
Associates, Inc. ~ 6 6~.00 (Staff
Recommendation dated 1/20/93. AqreemeD~ ~Qr
Professional Services)
William Mahoney, 207 Delaware Avenue, Sebastian,
expressed concern relative to the cost.
Discussion followed relative to cost and it was noted
that the budgeted amount was $5,000.00.
TAPE Iii - SIDE I
MOTION by Reid/Corum
I'm inclined to move that we go ahead and
appropriate the additional $1650 as recommended by
staff.
ROLL CALL:
Mr. Oberbeck nay
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
Mayor Powell nay
MOTION 2-2 (NO VOTE).
93.050
Riverview Park North - Conceptual Plan ~ Approve
~ SOt Professional Services - ~ Smith
Associates Inc. - $1,950.O0 (Staff Recommendation
dated 1/21~93, Agreement and Proposal)
MOTION by Corum/Reid
I make a motion that Council approves Brad Smith
for $1,950.00 for the conceptual plan for Riverview
Park North.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 4-0 (Holyk - absent).
15.
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)
19
Regular City Council Meeting
January 27, 1993
Page Nineteen
16. Mayor Powell adjourned the meeting at 10:30 p.m.
Approved at the
Meeting.
, 1993
City Council
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, City Clerk
20
City of Sebastian
I POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CiTY COUNCIl,
WORKSHOP MEETING
WEDNESDAY, FEBRUARY 3, 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. Mayor Powell called the meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
ROLL CALL
Present:
Also Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Dr. Peter Holyk
Mr. George Reid
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
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
City Council Workshop
February 3, 1993
Page Two
4. ~MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
The City Manager said he would bring up a report on
the U.S. i landscape architect under his matters.
5. ANNOUNCEMENTS
Mr. Oberbeck said there will be no MPO meeting this
month.
6. PUBLIC INPUT ON AGENDA ITEMS
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
None.
7. CONSE~ 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.
93.051
Bid Award - U.S. 1 Culvert Installation - Henry
Fischer and Sons - $9,200.00 (Staff
Recommendation dated 1/26/93, Bid Tabulation,
Drawing)
93.052
Be
Indian River County Recreation Department -
Request Waiver of Rental and Security Deposit -
Community Center - Youth Dance - 3/19/93 - 5 p.m.
to 10:30 p.m. (Staff Recommendation dated
1/27/93, Application, Memo dated 2/8/88, 5/6/87
Minutes)
93.053
C®
AARP ~3234 - Request Waiver of Rental Fee -
Community Center - Flea Market - 3/27/93 - 8 a.m.
to 3 p.m. (Staff Recommendation dated 1/22/93,
Application, Memo dated 2/8/88)
93.054/
91.144
Police Station - Air Quality Testing - Approve
Services of Briggs Associates International, Inc.
- Not to Exceed $3,318.00 (Staff Recommendation
dated 1/28/93, Briggs and ESE Proposals)
City Council Workshop
February 3, 1993
Page Three
93.055 E.
Police Officers' Retirement Fund - Appropriate
$2,003.28 from Unencumbered General Fund Balance
for FY Ending 9/30/92 (Staff Recommendation dated
1/28/93)
93.056 F.
Golf Tournament Rates - United Way and Sebastian
Elementary PTA - March Fundraiser (Staff
Recommendation dated 1/28/93)
The City Manager read the consent agenda in its
entirety.
The City Manager withdrew item F; Mr. Reid removed
item C; Mr. Oberbeck removed item B; and Mrs. Corum
removed item D.
MOTION by Oberbeck/Reid
I would move that we approve items A and E of the
consent agenda.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 5-0.
Item B
In response to Mr. Oberbeck, the City Manager
explained that Tom Mead is the North Indian River
County Recreation Director.
MOTION by Oberbeck/Reid
I would move that we approve item B of the
consent agenda.
VOICE VOTE on the motion carried 5-0.
Mr. Reid questioned what criteria is used to
determine whether a group warrants a fee waiver. Mr.
Oberbeck responded that historically, waivers have
been issued when the use benefits the community.
City Council Workshop
February 3, 1993
Page Four
MOTION by Reid/Oberbeck
I move that we approve item C of the consent
agenda.
VOICE VOTE on the motion carried 5-0.
Item
Discussion took place on the proposals submitted.
MOTION by Oberbeck/Reid
I would that we approve item D of the consent
agenda.
ROLL CALL:
Mrs. Corum nay
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 4-1 (Corum - nay).
Item F
The City Manager said the request from United Way
has now been changed to a request from Easter Seals.
MOTION by Oberbeck/Holyk
I would move to approve the golf tournament rate
for Sebastian Elementary PTA.
ROLL CALL:
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 5-0.
8. woRKsaoP ~TE~s
93.057/
92.305
Barber Street SDorts ~ ~xDansion ~
Manager Recommendation dated 1/28/93, Mosby Site
Plan Under Separate Cover)
City Council reviewed the conceptual site plan and
alternative plan presented this evening for the 7.3
acre property adjacent to Barber Street Sports
Complex.
4
City Council Workshop
February 3, 1993
Page Five
Randy Mosby, Mosby and Associates, Inc., advised that
the alternative layout best meets the city's needs
and stated that a structural inspection will be
conducted on the existing building tomorrow.
In response to Mayor Powell, the City Manager said
lights removed from the Main Street field can be
utilized.
Following discussion, it was the consensus of City
Council to concur with the revised plan.
93.015 B.
Fourth of Ju~y ~ ~ Request Two Day
~ ~ ~ecommendatioD dated ~28/93)
The city Manager expressed staff concerns relative to
an extension to two days.
TAPE I - SIDE II (7:45 p.m. - TAPE I DID NOT FUNCTION)
City Council members expressed views on the
proposed extension.
John Malek addressed City Council on the benefits of
extending Fourth of July events to two days.
MOTION by Holyk/Oberbeck
I move that the City Council vote in favor of
moving the 4th of July event into two days and
approve the finance request of $1,300.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
MOTION CARRIED 5-0.
Mayor Powell called recess at 8:05 p.m. and
reconvened the meeting at 8:15 p.m. Ail members of
City Council were present.
TAPE II - SIDE I (8:16 p.m. - TAPE NOW FUNCTIONING)
5
City Council Workshop
February 3, 1993
Page Six
93.020 C.
Review Qo~ of ~ r Section 18-27 Re:
Livestock. Fowl and Other Non-DomestiGated
Animals ,1113/93 Minutes, Section 18-26, 48-$7
~ode of Ordinances, Barber ~ and ~
Amendment)
city Council discussion took place on amending
Section 18-27 and defining what constitutes a pet.
Carol Barber, 1001 Genessee Avenue, Sebastian,
addressed City Council and a lengthy discussion
ensued.
William Barber, 1001 Genessee Avenue, Sebastian,
Roseland Acres Subdivision, addressed City Council.
City Council discussion continued and Carol Barber
again addressed City Council.
TAPE II - SIDE II (9:05 p.m.)
It was the consensus of City Council to contact
animal rights groups and obtain model ordinances.
93.058/ D.
91.119
Proposed GaraGe Sale Ordinance_- off-Premise
~ (staff Recom,~endation dated 1/28/93)
The City Manager presented the request on behalf of
staff.
The City Attorney said he was opposed to having any
signs in city right-of-way, but if the ordinance is
going to be amended, concurred with the procedure as
presented.
City Council discussion ensued focusing on city
liability for signs placed in right-of-way.
MOTION by Holyk/Corum
I make a motion that the City Council come out in
opposition to off-premise signs for yard sales placed
in the right-of-way.
6
city Council Workshop
February 3, 1993
Page Seven
ROLL CALL:
Mayor Powell nay
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
MOTION CARRIED 4-1 (Powell - nay.
Mr. Oberbeck was excused from 9:29 p.m. to 9:30 p.m.
93.030
Planninq and Zoning Commission Recommendation -
Administration 9f Oath (Staff Recommendation
dated 1/7/93. ~ ! ~ Memo dated 121~192. Proposed
Resolution)
The city Attorney said he believed that a resolution
need not be adopted, since Planning and Zoning has
the inherent authority to administer oaths when
acting in a quasi-judicial manner.
Following discussion, it was the consensus of City
Council to concur with the recommendation of the city
Attorney.
93.032
Fe
city Council Chambers' Video Monitors (Staff
Reco~mendation ~ ~/7/93)
The city Attorney recommended that a board acting in
a quasi-judicial manner not be lobbied or visit a
subject site individually.
The Director of Community Development requested the
purchase of two video monitors for placement in the
City Council chambers, and following a brief
discussion, the City Manager said the price can be
scaled down from the original $1,500.
TAPE III - SIDE I (9:50 pm.)
City Council discussion continued.
MOTION by Corum/Oberbeck
I would move that we allot $750 for a TV and a
separate VCR in lieu of a TV monitor to save money.
city Council Workshop
February 3, 1993
Page Eight
93.046
93.059/
92. 040
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell nay
MOTION CARRIED 4-1 (Powell - nay).
planninq and zoning commission Recommendations
Amendment t__qHome O~cupationa~ Licens9 and
Commission ~ Requirements (Staff
Recommendation dated 1/18/93. ~ ~ ~ Memo dated
11/20/9~)
J.W. "Tommy" Thompson, 125 Main Street, Sebastian,
said he did not agree with the recommendation
regarding length of term for chairman or vice-
chairman, and recommended it be amended to two years.
The City Attorney concurred with the recommendation
on home occupational licenses.
MOTION by Oberbeck/Holyk
I would move that we amend Section 20A-6.1 of the
Land Development Code regarding home occupational
licenses and we should insert in there that no more
home occupational license can be approved if any
other violations exist at the applicant's residence
and direct the City Attorney to prepare an ordinance.
VOICE VOTE on the motion carried 5-0.
MOTION by Oberbeck/Holyk
i would move that we deny the request to change
section 20A-11.3 of the Land Development Code and
leave it as it is.
VOICE VOTE on the motion carried 5-0.
Barber Street/S~ratton Avenue Name Chanqe ~
Review Resolut~QD No. R-93-03 (staff
Recommendation dated ~ R-93-03, Map Under
Separate Cover)
Following a brief discussion, it was the consensus of
City Council to place Resolution No. R-93-03 on the
February 10, 1993 agenda with a suggested street name
of "Pelican Island Place".
city Council workshop
February 3, 1993
Page Nine
93.049
9. MAYOR AND CITY COUNCIL MATTerS
A. Dr. ~~. ~
Dr. Holyk apologized for his absence at the last
two meetings.
B. Mr. Georqe G. Reid
Mr. Reid recommended that there be no more workshops
since action is taken at workshops as is done at
regular meetings.
C. Mayor bonnie R. Powe~l
None.
D. Mr. Frank Oberbeck
None.
E. Mrs. Carolyn Corum
In response to Mrs. Corum the City Clerk said the
Community Maps will be received the last week of
February. Mrs. Corum thanked Ron Harsh for
videotaping meetings.
10. CITy ATTORNEY MATTERS
None.
11. CITY MANAGER MATTERS
The City Manager announced that Richard Votapka has
been hired as the Utilities Director and will report
on March 1, 1993.
The City Manager stated, relative to U.S. i median
landscape design, that the City Engineer will provide
certain services and that Brad Smith has submitted an
alternate proposal for $4,285.00 maximum.
MOTION by Oberbeck/Holyk
I move we go ahead and approve the agreement as
submitted tonight in the amount of $4,285.00.
City Council Workshop
February 3, 1993
Page Ten
12.
13.
ROLL CALL:
Mrs. Cor%L~
Dr. Holyk
Mr. Reid
Mayor Powell
Mr. Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
INTRODUCTION O__F BUSINESS ~Y THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-Sg-$O
Limit of Ten Minutes for Each Speaker)
None.
Being no further business, Mayor Powell adjourned the
workshop at 10:25 p.m.
Approved at the
Meeting.
, 1993
City Council
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, City Clerk
10
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Waiver of Bidding ) Agenda No.
Procedure for Fert£11zer )
Purchase )
Approval For Submlttal By=
City Manager:
Dept. of Origin: Finance (LWN)
Date Submitted: 2/04/93
For Agenda Oft 2/10/93
Exhibits= Memo From GCS
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED= $15,004.00
BUDGETED: $85,000.00 REQUIRED:
SUMMARY STATEMENT
The Golf Course Superintendent requests a waiver of the bidding
procedure on the purchase of twenty two (22) tons of 15-0-15
fertilizer with IBDU. Par-Ex Professional Products is the only
company licensed to market IBDU in the United States. The area
distributor is Vigoro Industries of Ft. Pierce and the cost of twenty
two (22) tons of 15-0-15 fertilizer with Barricade pre-emergent
herbicide mixed in it is $15,004.00. The breakdown of cost is as
follows: $6,688.00 for chemicals and $8,316.00 for fertilizer. The
golf course budget has an expenditure of $40,000 approved for
fertilizer and $45,000 approved for chemicals.
RECOMMENDED ACTION
Move to grant a waiver of bidding procedure and authorize the
purchase of twenty two (22) tons of 15-0,15 fertilizer with IBDU and
the Barricade pre-emergent herbicide from Vigoro Industries of Ft.
Pierce, in the amount of $15,004.00.
i
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
I
I
February 2, 1993 I
TO: Robb McClary City Manager
McCarthy Golf Course Superintendent ~~
FROM:
Chris
RE: Waiver of bid procedure for fertilizer purchase.
I
I
I
I would like to waive the bidding procedure for
the purchase of 22 tons of 15-0-15 with IBDU. Par Ex
professial products is the only company licensed to
market IBDU in the U.S. We have documented %his in pre-
vious fertilizer purchases. Vigoro Industries in Fort
Pierce is the Par Ex distributer in this area. The
fertilizer has Barricade pre emergent herbicide mixed
in i%. The to%al cost of this purchase will be $15,004.00.
The cost will be divided between fertilizer and chemicals
in my budget with $8,316.00 for fertilizer and $6,688.00
for chemicals. Please contact me if you have any questions
concerning this purchase.
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: Lease of Personal
Computer Equipment/
Software-Engineering
Approval For Submittal By=
city Manager: ~~'
Equipment
¢3. Ob2-yz. 2?$
Dept. of Origin: Finanoe (LWN)
Date Submitted: 2/04/93
)
)
)
)
)
)
)
)
)
)
For Agenda Of= 2/10/93
Exhibits: Resolutlon No. R-93-05
With Proposed Equipment Lease
Attaohed
EXPENDITURE
REQUIRED: $1.00
AMOUNT
BUDGETED: $500.00
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting on October 28, 1992, City Council approved the
lease of personal computer equipment and software for the
Engineering Department. Resolution No. R-93-05 with the proposed
equipment lease is included for consideration. The annual lease is
$1.00 per year plus the City will pay for any software upgrade
necessary to perform the needed tasks. Adequate funds are available
and budgeted for this expenditure.
RECOMMENDED ACTION
Move to adopt Resolution No. R-93-05 authorizing the lease of
personal computer equipment and software for the Engineering
Department.
RESOLUTION NO. R-93-05
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORI2ING THE CITY MANAGER AND THE
CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN EQUIPMENT
LEASE WITH DANIEL C. ECKIS, IN ORDER TO LEASE CERTAIN
COMPUTER EQUiPMENT ANDSOFTWARE~ PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Daniel C. Eckis ("Eckis") owns certain computer
equipment and software (the "Equipment"), and is willing to lease
the Equipment under the terms and conditions of an Equipment Lease,
a copy of which is attached hereto as Exhibit "A" and incorporated
herein by this reference; and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida, has determined that the Equipment will
significantly enhance the operations of the City's Engineering
Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. AGREEMENT. The City Manager and the City Clerk
of the City of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the Equipment Lease
between Eckis and the City of Sebastian, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by this
reference.
~ECTION 2. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
~CTION 3. 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 4.
EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing
Councilmember
Councilmember
vote was as follows:
Resolution
was moved for adoption by
· The motion was seconded by
and, upon being put to a vote, the
Mayor Lonnie R. Powell
Vice Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Peter R. Holyk
Councilmember George G. Reid
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1993.
CITY OF SEBASTIAN
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
[SEAL]
Approved as to Form and Content:
Charles Ian Nash, City Attorney
cin-ltrs/resolution
EOUiPMENT LEASE
THIS IS A LEASE made and entered into this __ day of
, 1993, by and between DANIEL C. ECKIS (herein
referred to as LESSOR) and the CITY OF SEBASTIAN, a Florida
municipal corporation (herein referred to as LESSEE).
1. PROPERTIES LEASED. LESSOR hereby leases to LESSEE
and LESSEE hereby leases from LESSOR the items of computer hardware
and software described in the schedule attached hereto and marked
Exhibit "A" (the "Equipment").
2. ~. The term of this Lease shall be for
a period of one (1) year commencing on ,
1993, and ending on 1994.
3. RENEWAL: TERMINATION~
(a) The parties agree that at the end of the
initial term of the Lease as stated in Paragraph '2, or any
subsequent renewal term as hereinafter provided, this Lease will
continue for successive one (1) year periods on the same terms and
conditions otherwise set forth herein, unless written notice of
termination is delivered by either party as provided below.
(b) This Lease may be terminated by either, with
or without cause, upon thirty (30) days advance written notice.
4. A~J~L~. LESSEE agrees to pay LESSOR, as rent
for the Equipment, One and 00/100 Dollar ($1.00), such rental to
be paid on or before the first day of the initial term of this
Lease and any subsequent renewal term.
5. ~CATION. The Equipment leased under this Agreement
shall be located and used solely at City Hall. It shall not be
located or used at any other location without the prior written
consent of LESSOR.
6. USE. LESSEE shall permit the Equipment to be used
only by experienced persons qualified to operate the Equipment.
Operation of the Equipment shall at all times be in strict
conformance with all laws and regulations.
7. LESSOR'S RIGHT OF INSPECTION. LESSOR shall have
the right at any time during business hours to fully inspect the
Equipment wherever located to insure proper USe, maintenance, and
operation and full compliance with this Lease.
8. LESSEE'S INSPECTION AND A~CEPTAN~E. LESSEE
acknowledges that LESSEE has inspected every item of the Equipment
delivered pursuant to this Lease, that they are in good condition,
and that LESSEE has accepted such Equipment in "AS IS" condition.
9. RETURN OF EOUIPMENT. Upon termination of the Lease,
LESSEE agrees to return to LESSOR at LESSEE'S own expense the
Equipment leased, in as good a condition as they were when
delivered to LESSEE, ordinary wear and tear resulting from proper
use thereof alone excepted, and free from any additional liens and
encumbrances, at such place as LESSOR may designate located in the
City of Sebastian, Florida.
10. MAINTENANCE AND OPERATION.
(a) LESSEE or authorized operators shall use the
Equipment i~ a careful and proper manner and shall comply with the
vendor's or manufacturer's instructions relating to the possession,
use, maintenance, repair, and operation of the Equipment. All
costs of maintenance and repair shall be the sole responsibility
of LESSEE without right of reimbursement or contribution from
LESSOR. Ail replacement parts, additions, and accessories to any
of the Equipment shall become a part thereof, and shall likewlse
EXHIBIT "A"
be the property of LESSOR. Ail Equipment and all parts thereof
shall be kept in complete working order throughout the term of this
Lease.
(b) LESSEE shall be responsible for and shall bear the
cost and expense of upgrading the computer software which is a part
of the Equipment leased hereunder as improvements become available.
LESSOR shall give LESSEE notice of the availability of improvements
or changes to the computer software as such improvements or changes
become available.
11. ~. LESSEE shall not make any alterations
or additions (other than replacement parts) to the F~/uipment
without the prior written consent of LESSOR. All additions to and
improvements shall immediately become the property of LESSOR' and
subject to the terms of this Lease.
12. INSURANCE. LESSEE shall obtain and maintain at all
times during the term of this Lease, at LESSEEtS sole expense,
comprehensive fire and theft insurance in an amount not less than
the full insurable value of the Equipment.
13. L~. LESSEE assumes all risk of loss of
or damage to the Equipment from any cause. No loss of or damage
to the Equipment shall impair any obligation of LESSEE under this
Lease, including the payment of rentals, and all such obligations
shall continue in full force and effect until otherwise discharged.
14. ~. LESSEE shall be in default under thisLease
if LESSEE fails to perform any term or condition of this Lease and
such failure is not cured within twenty (20) days after written
notice from LESSOR.
15. DUTIES UPON DEFAULT. Upon termination of this Lease
upon default, LESSEE shall immediately deliver to LESSOR all
warranty books and records, and ell other assets or records
relating to the F~uipment, all of which shall become the property
of LESSOR and, if not delivered prior thereto, LESSEE shall return
therewith the Equipment, together with all parts, in complete
working order to LESSOR at LESSOR'S address as provided in
Paragraph 18 or at such other place as the parties shall mutually
agree upon.
16. ASSIGNMENT OR SUBLE%~R. LESSEE shall not
assign, sublet, transfer, pledge, or mortgage any of its rights
under this Lease or any of the Equipment which are the subject of
this Lease, without the prior written consent of LESSOR.
17. ~AX~. No delay or omission to exercise any right
of LESSOR under this Lease shall be construed as a waiver of any
such right or as impairing any such right. Any waiver by LESSOR
of a single breach or default shall not be construed as a waiver
of any prior or subsequent breach or default.
18. ADDRESS FOR NOTICES. Whenever any provision is made
herein for notices, notice shall be sufficient if delivered by
registered or certified mail, return receipt requested, addressed
as follows:
TO LESSOR:
Daniel ¢. Eckis
8235 125th Place
Sebastian, Florida 32958
TO LESSEE:
City of Sebastian
Attn: City Manager
P.O. Box 780127
Sebastian, Florida 32978
WITH A COPY TO:
Charles Ian Nash, Esquire
Frees, Nash & Torpy, P.A.
930 S. Harbor City Blvd., Suite 505
Melbourne, Florida 32901
19. COSTS OF SUIT. If LESSEE or LESSOR shall bring any
action for any relief against the other, declaratory or otherwise,
arising out of this Lease, including any suit by LESSOR for the
recovery of rent or possession of the Equipment, the losing party
shall pay the successful party a reasonable sum for attorney's fees
and costs which shall be deemed to have accrued on the commencement
of such action and shall be paid whether or not such action is
prosecuted to judgment.
20. REPRESENTATION OF AUTHORITY. LESSOR represents and
warrants that the Equipment covered by this Agreement is the
property of LESSOR and that he has full power and authority to
enter into this Agreement. LESSOR shall indemnify, defend and hold
LESSEE harmless from and against any and all losses, expenses,
judgments, attorney's fees and other liabilities arising from. any
claims, demands, suits and actions made, asserted or filed by
anyone, in connection with or in any way relating to LESSOR's
breach of the representations contained in this paragraph.
21. ~. 'This Lease shall be binding upon
the respective heirs, legatees, personal representatives,
successors, and assigns of the parties. If any provision of this
Lease is held invalid by a court of competent Jurisdiction, it
shall be considered deleted from this Lease, but such invalidity
shall not affect the other provisions that can be given effect
without the invalid provisions. This Lease constitutes the entire
agreement between the parties. This Lease shall not be amended
except by written agreement signed by both parties. Headings or
titles to sections or paragraphs of this Lease ar solely for the
convenience of the parties and shall have no effect whatsoever on
the interpretation of the provisions of this agreement. ThisLease
shall be governed by the laws of the State of Florida and both
parties submit to the personal jurisdiction and venue of the state
courts located in Brevard County, Florida.
IN WITNEBS WHEREOF, the parties have executed this Lease
the day and year first above written.
"LESSOR"
Witness
Daniel C'."EckiS
"LESSEE"
CITY OF SEBASTIAN
By:
ATTEST:
Kathryn M. O'H~'i'i0ran, CMC/AAE
City Clerk
[SEAL]
Approved as to Form and Content:
Robert C. McClarY, ~ity Manager
Charles Ian Nash,
City Attorney
EXHIBIT
Description of Equipment
HARDWARE
! - Hewlett Packard Draft Master ! Plotter
~ - Hewlett Packard Keyboard
1 - Hewlett Packard Non,tot 98785&
! - Hewlett Packard Th~nk 0et Printer
~ - Hewlett Packard 9122 D~skdrive
i - Bewlett Packard 9000 345 harddr~ve
1 - Hewlett Packard Digit~zer 46088A
w~th mouse
i - Everex 286/12 HZ Computer w/math coprocessor
I - Evarv~s~on Color Non,tot
! - Epson LQ 850 dot matrix printer
SOFTWARE
S~tecomp 6.2C(Land Inovations Inc.)
BRN 3.1 (Drainage)
Kentucy P~pa Networks
MISC: EQUIPMENT
3 - 4 shelf brown book cases
2 - Drafting Tables
4 - 2 DWR F~le Cabinets
3 - Drafting stools
I - Clerical Chair
i - Lero¥ 8et
i - Plan~meter
2 - 6 S~x outlet power str~ps
I - Large Stapler
! - Two hole punch .
i - 3 hole punch
1 - drafting lamp
MANUALS AND TEXTBOOK LIST
Operatorts Manual
HP Basic 6.0
BRN 3.~
Architecural Graphics
Peach Tree
Florida Development Manuals
8 Catalogs
32 Eng~neer£ng Text Books
I~SOLUTION NO. R-93-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY~ FLORIDA,
CHANGING THE NAME OF STRATTON ~VENUE; CHANGING
THE NAME OF A PORTION OF BARBER STREET;
PROVIDING FOR THE REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTION IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian has
determined it to be in the best interest of the citizens of the
City of Sebastian to change the street name of all of the street
currently known as Stratton Avenue and a portion of the street
currently known as Barber Street.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Sebastian, Indian River County, Florida, as follows:
Section 1. STRATTON AVENUE NAME CHANGE. The entire length of
Stratton Avenue, beginning at Barber Street and running west to
U.S. 1, shall be changed to the name of Barber Street.
Section 2. BARBER STREET NAME CHANGE. That the portion of
Barber Street beginning at the intersection of Barber Street and
Stratton Avenue, running north, and eventually west, to the
intersection of Schumann Drive shall be changed to the name of
Section 3. CONFLICT. All Resolutions or parts of Resolutions
in conflict herewith are hereby repealed.
Section 4. 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.
Sectio~.$. EFFECTIFEDATE.
immediately upon final passage.
The foregoing Resolution
Councilmember
Councilmember
the vote was as follows:
Mayor Lonnie R. Powell
This Resolution shall take effect
was moved for adoption by
. The motion was seconded by
and, upon being put into a vote,
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Peter R. Holyk
Councilmember George G. Reid
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
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
- 2 -
City '
nan
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: 4th of July CO~Lmittee ) Agenda No.
Request for Fee Waiver - Community
Center ) Dept. Origin
)
.... ) Date Submitted 2/4/93
Approved For Submittal By: )
) Fo~ aqenda Of
)
) Exhibit~: ~Letter
/-~.~A~ Dated 2/4/93
City Manager ~ )
F'
REQUIRED: BUDGETED: REQUIRED.
SUMMARY STATEMENT
The Czty ~f Sebastian has received a request from the Fourth
July Commzttee requesting a waiver of all fees including the
security deposit for meetings at the Community Center on
February 11, March 11, April 8, May 13, June 10, and July 1,
1993. ,
Historically th~s request has always been approved by
RECOMMENDED ACTION
Move to approve the request for a waiver of all fees.
APPROPRIATION
Fourth of
Council.
of
FOURTH
February 4, 1993
Mayor Powell
Sebastian City Hall
1225 Main Street
Sebastian, FL 32958
Re: 4th of July
Dear Mayor Powell:
This letter is to serve as a request for a fee-waiver
for the committees and volunteers to have the use of the
community center building for meetings scheduled for the
second 'Thursday of each month up to July 1, 1993, at 7:00 p.m.
We would appreciate if this could be achieved and granted
as in the past years.
Thank you very muchfor your consideration in this matter.
~Ohn G. Malek
805 Indian River Drive · Sebastian, Florida 32958 · (407) 589-4131
I city of Sebastian
POST OFFICE BOX 780127 s SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) $89-5570
SUBJECT: MEMBERSHIP APPOINTMENT
TO THE PLANNING & ZONING
COMMISSION
Approved For Submittal By:
City Manager ~
~genda Number: ~,.~ · 0~,..~
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
1.
2.
01/28l~3 (BCd/~
...... 02/10/93
Memo dated January 28, 1993 from
Planning & Zoning
Five (5) Applications
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of January 21, 1993, the Planning & Zoning
Commission reviewed all five (5) applicants for membership appointment and
recommended that J. W. Thompson be appointed to another three (3) year
term on the Planning and Zoning Commission.
RECOMMENDED ACTION
Move to appoint J. W. Thompson as a regular member to the Planning &
Zoning Commission for a term starting February 1993 through February 1996.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
!
!
DATE;
TO:
MEMORANDUM
January 28, 1993
Mayor and City Council
!
!
THROUGH: Bruce Cooper
Director of Community Development
FROM: Planning and Zoning commission~~.
RE: Membership Appointment - J. W. Thompson
!
!
Please be advised that at the January 21st, 1993 meeting of
Planning and Zoning, the commission made a motion to
recommend to City Council that J. W. Thompson be reappointed
to another three year term on the Planning and Zoning
Commission. No other nominations were made for the
appointment.
!
!
Should you need any additional information or have any
questions, please feel free to contact me.
pzact.doc
December 3, 1992
Honorable Mayor and City Council
City of Sebastian
Sebastian, Florida
RE: Planning and Zoning Commission Appointment
Council Members:
125 Main Street
Sebastian, Fi 32958
589-0576
I would appreciate your considering the following information
reference my appointment to the P & Z Commission for a new term
ending February 1996.
I served on the P & Z from June 1984 to June 1987 and then from
January 1990 to present as a regular member. Since I had had a
break in service, I am eligible for appointment for another 3 year
term under Ordinance O-91-25.
I have been a r~sident of Florida for the past 37 years,
residing in Sebastian for the past twelve years. Prior to our
move to Sebastian our domicle had been Melbourne, Florida. I am
retired under Civil Service Rules after 32 years of service in
the capacity of Office Engineer, Planning Engineering, and
Construction Engineering. I have had experience in engineering
of all types both in government sector and the private business
sector of our nation.
Concern for the Sebastian area for the future is very important
to me. I have children and grandchildren who live here and will
remain in this area.
Being retired, I have the time to review the many items that come
before the Planning and Zoning Commission, which I consider very
important.
I thank you for taking the time to review my application for
membership to the Planning and Zoning Commission. Should you
need additional information, please do not hesitate to contact
me.
Very truly yours, ,
Enc: ? & Z Apf~lication with attachment
cc; Chairman P & Z Commission
PPLICATION T_~O SERV____~E O__N CITY BOARD
2.
3.
4.
5.
6.
7.
8.
NAME: Jewell W. Thompson aka J.W. (Tommie} Thompson
HOME ADDRESS: 125 Main Street Sebastian_=_ F1 32958
HOME TELEPHONE:~~6
BUSINESS:
BUSINESS ADDRESS:_____~[~L
BUSINESS TELEPHONE:____N/A
SOCIAL SECURITY NUMBER:
DRIVERS LICENSE NUMBER:
9. RESUME OF EDUCATION AND EXPERIENCE: June 1936 graduated Nevada Hi~
School, Central college Fayette, MO Sept 1936 to Feb 1938 NO Degree
U 'versit of Arkansas Fa etteville Ark. Se t
Engineering. Resume Attached. 1938 to Feb 1949 No deg.:
(use additional sheets if necessary or submit resume if available)
10. Voter registration no.
11. Are you a resident of the City?
12. Length of Residency
13. Do you hold a public office?
Yes X. No
Since March 1981
Yes No X
14. Do you serve on a City Board at 9resent? Yes X No
15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON:
(Please number in order of ~reference with first choice
being "1" )
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE -----
*CODE ~NFORC~NT BOARD
*CONSTRUCTION BOARD
*PLANNING AND ZONING
HA/~D I CAP P ED COMMITTEE
16. What qual%fications do you have to serve on this board?
' ' " ' ' "'~':'87re ular memt
and then from Jan 1990 to presen~ as a regular member of P & Z Commissi,
17. What reasons ~6'"y0u wishing to serve on an advisory
board? ~'- '~ ~'---
D~n~.r d~v~]o~nm~t ~ ~p~nsion of our Citv,..
18. Have you ever been convicted of any felony or any
misdemeanor involving moral turpitude in this or any state?
Yes No ~
19. Would you consider serving on another Board other than the
one(s) you selected above? Yes __ No x__~_x
I hereby certify that I am qualified qo hold the position for
which this application is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which I have provided in this application. I
understand that any misrepresentation or omission of information
requested in this application is cause for disqualification or
removal.
I understand that the City Council of the City of SEBASTIAN may
suspend or remove from office any municipal board member for
malfeasance, misfeasance, neglected duty, habitual drunkenness,
incompetence,~or permanent inability to perform his official
duties. Fuz-ther, I understand that the City Council may suspend
any municipal board member who is arrested for a felony'or for a
misdemeanor related to the duties of his offioe or who is
indicated or informed against for the commission of any felony or
misdemeanor.
I hereby authorize the Sebastian Police Department to run an
active warrant check on me.
Subscribed and sworn to before me this /~ day of ,
19 ~, by , ' who "is personally known
to me or has produced as identification.
( sem. )
Commis
Public, State
)rida
Not~
~ed)
\ws-form\application
I ' DF, PA I{'['M liNT
i- ~ I=mlo L Polly. Chief of Police
Poet Office Box 70012
Sebastian, FL 32919-012
FI E M U I{ A ILU U M
U/TIE :
IU :
FRLt4 :
SLUJEC! :
December 7, 1992
Kathryn ~. O'Halloran, Clty Clerk
Investigator Gary McCarthy
Wa, taVarra,,t Clmck - ~piJllca~lt Oewell W. Whomoson
check for" .a. ts/uarra, ts rot tile above referenced applicant/board
menOer reveal that:
{.....r ~ active wa,,t or warrm,t for .subject Is [,. file.
( ) fin active .arra. t ~}r wa.t does exist and follow up will occur.
gator .......
Sebastian Police e~uartn~l~t ~-~
TO:
FROM:
SUBJECT:
DATE:
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
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M E M O
Earle Petty, Chief of Police
Kathryn M. O'Halloran, city Clerk
Investigation - Board ADD!ication
Jewell W. Thompson
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December 4, 1992
I
Attached please find board application of Jewell W. Thompson
for investigation, in accordance with Resolution No. R-89-13,
to serve on a City Board.
/js
Enclosure
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1.965-
:i"l?' 1980
May"1980 -
May 1981
:~'$i'bn, C~'~I' E~gmneer~hg.Directorate.
Responsible for ~he..:e.ngineering and
at
i'.jP.at~iCk:APB.,?caP~:..Cah~veral. AFS and al~ Down
Range stat"ions.' Had as many as 10 engineers,
ali disciplines, and 5 construction in-
spectors under my guidan%e and control at
one time. My group prepared and reviewed
plans and spec; made construction inspec-
tions and prepared.,reports of changes
needed and progresS,lilaC.ComPliShed.. This
WOrk worth of
work.
USAF - AIR FORCE EASTERN TEST RANGE AFETR)
Patrick AFB, Florida
Chief Plans, and_Programs Division, Civil
Engineering"'DireG'f'~ie'.''' Responsible for
the preparati'on'of' all documentation
necessary to get USAF and Congress to approve
projects required/desired by the users of
the ~/ssile Testing Range. These included
contractor people for the Atlas, Titan, etc.
Missiles. Also my people prepared reports
on real estate requirements and disposals,
progress of programs, we furnished information
to the computer people to keep USAF advised of
requirements for Maintenance and Operation
funds. Th~s info included future
justifications, comparisons, trends, and
status of existing funds. There were 6 people
under my..,supervision to get these tasks
accomplished.
PAN AMERICAN WORLD SERVICES INC.
Cape Canaveral, Florida
Worked as a Construction Manager coordinating
the actions of a contractor making changes to
Pan Am's various offices and other areas at
the Miami Airport, Miami, Florida. It was
my duty to see that the modification and new
work did not disrupt normal day to day
?~sen~er add baggage operations.
'..: i E 1 :'-: L 2'
1946'- 1948
1948 - 1956
1956- 1965
JEWELL W. THOMPSON
aka:' J, W'.. (T0mmy)i..Th'°mPson
WORKS PROJECT ADMINISTRATION
Division Office - Springfield, Mo.
Prepared requirements documents for different
Counties in'the area so they could get
approval from.the Feceral Government for their
particular'projeCt~ii.' After project.approval
was on the job site obtaining detail info for
design of the project. After construction
.... ar~ed made inspections to see that project
was being built in accordance with plans and
specs. Projects covered sewer systems.
bridges, court houses, etc.
CORPS OF ~NGIN~ERS C of E)
Omaha District Office, Omaha. Nebr.
Worked in three different construction project
offices in Western Nebraska. Work consisted
of construction B-29 airfields and POW (-=m~-=.
Was project manager each place to keep records
that provided the Mi!itary Construction
Manager and the District Office the status
of construction, where problems existed and
potential ways. to solve~them. Spent more
than field checking
contractors~i~work ' progress and comp 1 iance
with plans and specs,,,. .....
CORPS OF ENGINEERS
Omahai:':Di'strict Nebr.. -~'.: ',
' ,. ' : !'{"!i:i' :. ::~ :.:: ,
HeiPed' PrePare reP°r :s,''''on' the. uPPer Missouri '
River Valley Dam pr°j~$t's', These r'ePorts
presented the need and feasibility for the
dams. Later worked in' preparing speci-
fications for the same project.
USAF - HDQS. STAGETIC AIR FORCE (SAC)
Offutt AFB, Omaha, Nebr.
Prepared documentation to get projects
approved by Headquarters USAF and Congress
f~,:-Airfields, Dormitories. Nav-AJds, etc.
Also wor]<ed with other's including Arch/
-i'~c~neer'.?. to get preliminary plan..=.·
~f.L?oved. for the new SAC2%~q"- ..... uarE-~.i"s c~%"
Offutt AFB.
USAF. '~AIR "FORCE i EASTERN .TEST RANSE (AFETR)
Pa tr ~.',6R: Bi: .i, 'i'.. ' :'
?!:':::i.i: :'::: ....
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3.
4.
5.
6.
7.
8.
9.
NAME:
HOME
HOME TELEPHONE:
BUSINESS: MC Te~t
BUSINESS ADDRESS:
BUSINESS TELEPHONE:
SOCIAL SECURITY NUMBER:
DRIVERS LICENSE NUMBER:
RESUME OF EDUCATION AND EXPERIENCE:
attached
(use additional sheets if necessary or submit resume if available)
10. Voter registration no. ~.l_Q_~
11. Are you a resident of the City?
Yes x No
12. Length of Residency
2 vrs 4 mo.s.,
13.
Do you hold a public office?
Yes__ No2~-
14.
Do you serve on a City Board at present? Yes__ No x
15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON:
(Please number in order of preference with first choice
being "1" )
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD
*PLANNING AND ZONING
HANDICAPPED COMMITTEE
16. What qualifications do you have to serve on this board?
17.
What reasons' dO]'you have 'for wishing to serve on an advisory
board? : ~ -~ ....
part of this one.
18. Have you ever been convicted of any felony or any
misdemeanor involving moral turpitude in this or any state?
i Yes No x
19. Would you consider serving on another Board other than the
one(s) you selected above? Yes ~ No
I hereby certify that I am qualified to hold the position for
which this application is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which I have provided in this application.' I
understand that any misrepresentation or omission of information
~:~:~d in this ,pplic.tion is caus. for disqu,lification or
i understand that the City CoUncil of the City of SEBASTIAN may
suspend or remove from office any municipal board member for
~alfeas~nce, misfeasance, neglected duty, habitual drunkenness,
~n~mpeTe~ce, or permanent inability to perform his official
aur~es. Further, I understand that the City Council may ~uspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is'
indicated or informed against for thelcomm£ssion of any felony or
misdemeanor. '
~c~reby auth~rize the Sebastian Police Depart~ent to run an =lye warrant check on me.
to m-~e,_OYL ~ _; _ ...... , who is personally known
~ or nas pro~uce~. ~W/~./-I~$~I,~S?~.$aF-!3~/~¢m as ~dentification.
( SEAL ) ..
\ws-form\application
RESUME UPDATE
NEW ADDRESS:
IELEPItOHE:
767 Demps(.y Avenu~
Sebastian, FL 32958
(407) ~8~ 265]
Work Experience:
4/90 to present
MC TEST- Test rechnician, testing ci)x:uiL
NAME:
ADDRESS:
TELEPHONE:
R E S U ~ E
Harley T. Andrews
7580 Greenboro Drive ~1
West Melbourne, FI~% 32904
(407) 728-5983
DATE OF BIRTH:
MARITAL STATUS:
December 3, 1934
Married ;Spousc: Mary
· 2 Sons James, Age 24
john, Age 21
!
!
4~7~69
to
4/7/89
6/54
to
6/58
Reentered
USN
3/59
to
2/69
EDUCATION
OTHER
FACTS:
XEROX CORPORATION: Customer Service Engineer
Started as a copier techniician for approximately two
years. For the past ].8 y~ars, worked on facsimile
machines, groups 1, 2, and 3, electronic typing com-
munication systems with disc drives and computer in-
terface; work stations, both netwqrking (Xerox Ethernet)
and communications, with Xerox"608'5~ 8000 and servers,
as well as facsimile; also trained on 80 and 300
megabyte drives.
UNITED STATES NAVY: Firs't Class Aviation Electricians
Mate
From 1960 to 2/69, worked on single engine jet and
single and multiengine r~iciprocal aircraft testing,
trouble-shooting and repalir of aircraft electrical
systems from schematics a~d wiring diagrams. Also
worked on various mechanical instruments, electrical
instruments, electro hydraulic control systems, synchr6s
and serve mechanism, and gyros and compass systems.
From 1962 to 1965, se!t up and managed the meter
calibration program at NA~ Miramar, San Diego, California~
which calibrated and repaiired various types of multimeter
amd vacuum tube volt meters. Also performed frequency
response tests. Served as Shop Supervisor and Qualtiy
Control Inspector at NAS 'Lemoor from 1966 to 1969-
June, 1954, graduated from l{ush-llenrietta lligh School
in Rochester, New York. Attended San Diego Junior
College in 1958 working for an Associated Arts Degree
in Electronics.
U. S. Navy Schools: Succ~ss£u[ly completed Aviation
Electricians Mate Schoolsi, Clas~ "A" and Class "B"
which covered basic and a~vanced electrical and elec-
tronic theory and applicaltion with related subjects.
Also completed various su!pplementary courses in the
Naval Air Technical Commaind inc].uding [.ear Vertical.
Gyro Indicating System an~] AJ[~3/All-Attitude Bombing
Navigational System.
Had a National Agency sec~ur~.ty check up to and inc].uding
SECRET during Naval tour of duty.
!
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SEBASTIAN
POLICE
Earle L. Pell¥. Chic! o! Police
I Jrt I E
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~.j _E_ ~j U Ijn I I u u fl
. December 31, 1992
. Kathryn M. O'Halloran, City Clerk
Post OiIIco Box 7~
Sebasllan. I-L
rRu4 : h,vestlvato[ McCarthy
SUUJ~CI : Want/Wa[rani. Cl~k - N,IJlIco~;[ Harley T. Andrews
fl ct~eck for wnnls/war~ants roi the above [ere[enced apDJlcan[/boa[d
n~er reveal tl~a[:
~ ~ active ,a,,t ur ,arra,,t for .s~ject Is t,n file.
( ) fin active .arru~,t ur want dues exist ~,d rullu, up .111 uccur.
· I
City of Sebas!tian ~
POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589~-5330
M E M O
TO:
FROM:
SUBJECT:
Earle Petty, Chief of Police
Kathryn M. O'Halloran, city Clerk
~nvestigation ~ ~ ~
Harley T. Andrews
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DATE:
December 28, 1992
Attached please find board application of Harley T. Andrews
for investigation, in accordance with~Resolution No. R-89-13,
to serve on a city Board.
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/js
Enclosure
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3.
4.
5.
6.
7.
8.
9.
APPLICATION TO SERVE ON CITY BOARu~
HOME ADDRESS:
BUSINESS:
BUSINESS ADDRESS:
BUSINESS TELEPHONE:
SOCIAL SECURITY NUMBER:
DRmVERS LmCENSm NUMSE~: ~4ZO-~q-~
RESUME OF EDUCATION AND EXPERIENCE:
(use additional sheets if necessary or submit resume if .available)
10. Voter registration no. ~ t~-~6
11. Are you a resident of the City? Yes w/No
12. Length of Residency
13. Do you hold a public office?
Yes No w/
14. Do you serve on a City Board at present? Yes
15.
16.
PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON:
(Please number in order of preference with first choice
being "1")
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD
*PLANNING AND ZONING
HANDICAPPED COMMITTEE
What qualifi~ations do you have to serve o~..thf$~board?
17. What reasons do you have for wishing to serve on an advisory
board?
[ VgOU~ .... ~t~-o co~z~£ ~o~ ~ ,~¥ .q-~ ~ 0D~o~ot~6~ .
18. Have you ever been convicted of any felony or any
misde~eanor involving moral turpitude in this or any state?
L...- . ,Yes No/
19. Would you consider serving on another Board other than the
one(s) you selected above? Yes / No
I hereby certify that I am qualified tolhold the position for
which
this
application is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which I have provided in this application.
understand that any misrepresentation or omission of information
requested in this application is cause for disqualification or
removal.
I understand that the City Council of the City of SEBASTIAN may
suspena or remove from office any municipal board member for
malfeasance, misfeasance, neglected duty, habitual drunkenness,
incompetence,
or
permanent
inability to perform his official
duties. Further, I understand that the City Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is
indicated or informed against for the commission of any felony or
misdemeanor.
hereby authorize the Sebastian Police Department to run an
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active warrant check on me.
Appli~9~ sign~tur&'
Ss~rtbed~pd qKorn~t,, before me this ~~ day of~/~e ,
.~Y_...~L ..... ~ ~ _, ...... ~ .............. ,~
~ ~._ ~o%~r~- Pu~/ state ~ Flor~
~,.: "~ ~ w. tO"- / , -- ~, ~ . ,,
..... ~_, ~%.~ I /, _~ ~ I I /I
, ~. ~,~.~_ ~, ~ iYl 1~ ~
=¢~ '~'~ Name of ~ot~rY (~rlnte'-' d 6'~ Typed)
~6mmissi~ No ~
\ws-form\application
257 Main St~
Sebastian,FL 32958
December 23, 1992
Mr. Robb McClary
Sebastian City Manager
City Mall
1225 Main St.
Sebastian, FL 32958
Dear Mr. McClary:
I would like to apply for a seat on the Sebastian Planning
and Zoning Commission. I believe that I am thoroughly qualified
to serve the residents of Sebastian in this position, having a
background that blends a knowledge and appreciation of facilities
engineering, long-range planning, management, and important
environmental concerns with the reality of economics and common
sense. I am a registered professional engineer.
I retired from the Unites States Navy in 1991 after serving
almost 30 years as a civil engineer. I have worked successfully
with members of congress and their staffs, federal agencies such
as the Environmental Protection Agency, and with the county
government in Alachua County, Florida. I have had the experience
of serving on a school board in North Carolina and on
environmental commissions within the Department of Defense.
During a break in my military career I worked as a construction
engineer for a major chemical company and I have owned a small
retail business.
My wife and I bought a house and moved to Sebastian last
May. While my career took me to many other places, I have
previously lived in St. Augustine, Gainesville, and Orlando, so I
am not new to Florida. We live in Sebastian full time and will
hopefully be long term residents. Although I am retired, I am
only 56 years old, so I feel I can relate to the retired
residents of the city as well as the younger residents. I have
the time available to devote to doing a good job on the
Commission and I have a personal interest in seeing my adopted
city develop in a sensible and cost effective manner.
I am available to meet with you, or with any other selecting
official, at your convenience. Please call me at 589-8065.
Sincerely,
JOHN W. FALKE, P.E.
CAREER HISTORY
ACCOMPLI$I~{ENTS
RELATED WORK
EXPERIENCE
257 MAIN ST.
(407) 589-8065
SEBASTIAN, FLORIDA 32958
Thirty years of increasingly responsible
experience in facilities engineering and
planning, public works department manage-
ment, and environmental program direction
and oversight.
Mana eg~ a master planning, engineering design
and construction program which averaged $80
million annually, and a facilities operation,
maintenance, and ~epair program of over $150
million annually.
Initiated redesign and revalidation of re-
quirements for a world-wide hazardous waste
storage facility p!rogram which eliminated
poorly justified fiacilities and reduced the
cost per square fo~ot of the others, thereby
saving over $50 miillion.
Directed a 450 perlson public works department
which provided land use planning, facilities
engineering, maintenance, minor construction,
utilities, vehiclei and heavy equipment oper-
ation and maintenance, telephone service,
operation and mainltenance of 1000 housing
units, refuse collection, landfill operation,
and environmental !compliance program.
Directed an accrediited school with 125 staff
and faculty teaching construction skills at
the entry through ljourneyman levels to over
9000 students per year.
1987-1991 Chief, Installations Division, Def-
ense Logistics Agency, Alexandria, VA.
1985-1987 Assistan~ for Facilities, Navy in-
spector General, Washington, D.C.
1983-1985 Instructor, Department of Profes-
sional Developmenti, Armed Forces Staff
College, Norfolk, VA.
1980-1983 Public WOrks Director, Roosevelt
Roads, Puerto Rico~
1976-1980 Commanding Officer, Naval Construc-
tion Training Center, Gulfport, MS.
EDUCATION
REFERENCES
JOHN W. FALKE, P.E.
Master of EngineerinG in environmental enG-
ineering from the University of Florida.
Bachelor of Science in civil engineerinG
from MichiGan TechnoloGical University.
Available upon reguest.
257 MAIN ST.
(407) 589-8065
SEBASTIAN, FLORIDA 32958
TO:
FROM:
SUBJECT:
DATE:
City of Sebaslian
POST OFFICE BOX 780127 Q SEBASTIIAN. FLORIDA 32978
TELEPHONE (407) 589~5330
M E M 0
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Earle Petty, Chief of PoliCe
Kathryn M. O'Halloran, city Clerk
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Investigation - Board
John W_~. ~
December 28, 1992
Attached please find board application of John W. Falke
for investigation, in accordance with~Re$olution No. R-89-13,
to serve on a City Board.
/js
Enclosure
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SEIIASTIAN
' POLICE
,it
1) I~PA I(TM I r~N'I'
I~mle [. PelIv. Chle! o! Police
Posl Olllce Box 7~10
Sebasllan, FL 32918-I/
Dale :
IU :
rllut.t :
SIJJ.EC ! :
December 31, 1992
Kathryn M. O'Halloran, City Clerk
IllveStlu8[ur McCarthy
Want/Warrallt Ul~ck - g[]Jl[call[ John w. Falke
ti check for wants/sarrants for Life above referenced apollcant/boa[d
,mOer reveal that:
1..2F No active want or warrant rot .subject is t,,] file.
( ) fin active warrant ur want does exist and follow up will occur.
eoastlan ~ollce t)euart,,ent ~
.
3.
4.
5.
HOME TELEPHONE
US N SS:
BUSI~SS ~DRESS
BUSINESS TELEPHONE:
SOCIAL SSCURI~ NU.mER:
DRIVERS LICENSE NUMBER:
9. RESUME OF EDUCATION AND EXPERIENCE: z)//'~A/ ~(3~ L- ~~
ruse ~d~f~ Sheets if necessa~ or submit reeve if available)
lO. Voter registration no.
11. Are ~ou a resident of the City? Yes_.~ No,
12. Length of Residency / 7
13. Do you hold a public office? Yes No_~_
14. Do you serve on a City Board at present? Yes No_~_
1~.
PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON:
(Please number in order of preference with first choice
being "1")
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD
*PLANNING AND ZONING
HANDICAPPED COMMITTEE
16. What qualificat~ons do you have to serve on this board2
~7. What ~easo~s~,~ox~'~a~fo~ wishing to serve on an advisory
,c). .
'
18. Have you ever been convicted of any felony or any
misdemeanor involving moral turpitudei in this or any state?
Yes __ No
19. Would you consider serving on another Board other than the
one(s) you selected above? ~ Yes __ No _~__
I hereby certify that I am qualified ~o hold the position for
which this application is mede. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which I have provided in this application. I
understand that any misrepresentation: or omission of information
requested in this application is cause for disqualification or
removal.
I understand that the City Council ofi the City of SEBASTIAN may
suspend or remove from office any municipal board member for
malfeasance, misfeasance, neglected duty, habitual drunkenness,
incompetence, or permanent inability.to perform his official
duties. Further, I understand that the City Council may 'suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is
indicated or informed against for thecommission of any felony or
misdemeanor.
I hereby authorize the Sebastian PoliCe Department to run an
active warrant check on me.
·
Subscribed and sworn to ~Jor~,me this~ day of ~. ,
19~, by /~mfL/~) ~. ~J~/ : , who is perso~
to m~ or has produced ~: i/~~ ~-~/~- as identification.
(SEAL)
.,
NO~f-y Pubifs~ $~af~ ~T~l/orida
\ws-form\appltcation
City of Sebastian
POST OFFICE BOX 780127 Cl SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-5330
M E M O
TO:
FROM:
SUBJECT:
Earle Petty, Chief of Police
Kathryn M. O'Halloran, City Clerk
Investigation n Board ADDlication
Merlin M. Dunn
DATE:
December 28, 1992
Attached please find board application of Merlin M. Dunn
for investigation, in accordance with Resolution No. R-89-13,
to serve on a city Board.
/js
Enclosure
DAlE :
IU :
FRLN :
SLU,.EC I' :
December 31, 1992
Kathryn M. O'Xalloran, City Clerk
ll}v~$[Iua[O[ McCarthy
WBIit/'Wol[oiiL Ul~ck - AplJllic$1[ Merlin M. Dunn
check for wants/warrants for the above referenced apullcant/board
neniJer reveal that:
~ ~ active wa,,t or warra,,t For .Subject is t,,~ file.
) An active warra,,1 ,}r want does .exist and follow up will occur.
Ifiv~Hga~or m ~
Sebastian Polite I)euarlm,t
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N~ME:
HOME
Mary P. Andrews ~ - ~- ~.
ADDRESS: 767 Oempsey Aven~e, Sebastian, Florida 32958~
HOME TELEPHONE:
407-388-2651
BUSINESS: homeowners Fup. ding systems ind
BUSINESS ADDRESS: 1131 Mirable Mile~Vero Beech~ FL 32960
BUSINESS TELEPHONE: 407-770-4700
SOCIAL SECURITY NUMBER:
®
DRIVERS LICENSE NUMBER: Florida)
RESUME OF EDUCATION AND EXPERIENCE: attached
(use additional sheets if necessary or submit resume if available)
10. Voter registration no.
11.
12.
13.
Are you a resident of the City?
Length of Residenc~
Do you hold a public office?
Yes x No
mos
Yes No x
14. Do you serve on a City Board at present? Yes No x
15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON:
(Please number in order of preference with first choice
being "1" )
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD --
*PLANNING AND ZONING x
HANDICAPPED COMMITTEE
16. What qualifications do you have to serve on this board?'' ,~
Having resided in ms.~y areas, including some oF the "Fastest.growing, .
I have s good sense oF the pros, as well as the cons, oF W'cit~':$.cde~elopment'.
~ I also believe a layman's point oF view is important, sometimes "reFreshing" ~.
17. What reasons do you have for wishing to serve on an advisory
board?
A sincere interest in broadenin_q and developin,~ t,he cit~. in which I live
in the most oro~ressive, but most sensible; way.
18. Have you ever been convicted of any felony or any
mis~?meanor involving moral turpitude in this or any state?
,' ~ Yes NO x
'",''~9. Would you consider serving on another Board other than the
one(s) you selected above? Yes __x__No
I hereby certify that I am qualified!to hold the position for
which this application is made. Further, I hereby authorize the
City of Sebastian to investigate theltruthfulness of all
information which I have provided in:this application.
understand that any'misrepresentation or omission of information
requested in this application is cause for disqualification or
removal.
I understand that the Ci~ Council of the City of SEBASTIAN may
suspend or remove from office any municipal board member for
malfeasance, misfeasance, neglected duty, habitual drunkenness,
incompetence, or permanent'inabilitylto perform his official
duties. Further, I understand that the City Council may 'suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is'
indicated or informed against for the commission of any felony or
misdemeanor.
I hereby authorize the Sebastian Police Department to run an
19~, by '~, , w-~.is personally known
to-~ or has pr - ~- as identification, i
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Commission No. I
\ws-form\application
Rary P. Andrews
767 Delsey Avenue
Sebastian, FL 32958
TELEPHONE:
(407) 388-2651
EDUCATION:
WORK HISTORY
Graduated fro~ Albert Leonard Htgh School, New Rochelle,
New York, co~lettng three year Secretarial Practice Course
~th an A+ average.
Iona College, New Rochelle, N. Y., one seaester, class tn
Government.
New York University, one seeester, class tn Psychology,
Iqe~ber National Honor Soctety
10/90
to
1/91
AND
10/89
to
1/90
HALE INDIAN RIVER GROVES, Wabasso, Florida
Customer Servtce Rep:. Trucklng papers, drop shtps, ~atn-
ta~nlng~tl~"ng 11sis for catalogues, Accounts Receivable cor-
respondence, custoeer orders and questions, data entry.
Offtce Assistant: Oata entry, purchasing, reconstl-
lng Vendoris statements, ftling typing, minutes, truck papers/
schedules, handling all correspondence for Iqr. Hale,
the President. Set up he, filing syste~ and better nethods
of recordkeep~ng (for truck logs, etc.). Letter of recom-
mendation available.
1/12/83
INDEPENDENCE HIGII SCHOOL, San Jose, California
I 4/7/89 ~-~r nsatory Educatjpp Secretary (Deparbnent Secretary)
~t uP and maintained ftltng system, budgets and syste~
of recordkeep~ng for seven State and Federal Progrms con-
s~sttng of 42 projects, overseeing to the ftscal respons~-
I btltty of all Pru~ect progrm
Coordinators
and
budgets,
Co~osed/Otstrtbuted o~n correspondence/staff nottces.
i Purchasing, travel arrangements and preparation/overseeing
monthly ttee cards for supplemntary programs personnel.
Coordinated School Staff Recognition Program.
Iqeeber IHS Staff Development Coamtttee.
Project Coordinator for IHS Classified Staff Oevelopeent
program for 1988-1989 school ~ar.
Published a Handbook for Project Coordinators for school.
Assisted Supplamentary Programs Coordinator in organizing
and presenting Handbook at Project Coordinators ~orkshop
. in August, 1988.
Worked closel.y ~th and sat on IHS School Site Counctl as
governing board of all the Supplementary Programs. lqeettngs,
mtnutes/~alltng lists.
SKI LLS:
OTHER FACTS:
Typlng(55 wpm); Shorthand (80 wpm); computer, data entry;
Xerox Iqe~orY~n~lter; Kodak Ektapr~nt; lO-key. Good
~unication skills (written, verbally, phone). Understand
and speak conversational Italian,
Had Federal Government Security Clearance to 'SECRET.'
Addresses and ~ob h~story prior to 1983 on reverse.
L~st of references avai]able.
JOB EXPERIENCEiCONTINUED
, m
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HAIIPOWER TE.I'~IPOR,ARY SERVICES, San Jose, California. 1/82 to 1/83
secretarial work for a variety of firms iin the Santa Clara Valley, including
m
Memorex Corporation and secretary to the Vice President in charge of Marketing
m
for National Semiconductor. Took this iopportunity to bring my secretarial
skills back to a professional level and to familiarize myself with current
m
office equipment and practices.
m
From December,
devoting full
volunteer work.
1964, to January, 1982, was retired from the business world,
time to husband and family. Held on to my skills by doing
m
m
FROM 1949 ~ 1964 m
General AviaitOn District Office, Lindbergh Field,.
FEDERAL AVIATION AGENCY.
San Diego, California, Secretary-Steno. ·
General office work, certification and testing of pilots, accident and expense
m
reports.
BURKE FOUNDATION REHABILITATION HOSPITAL, White Plains, New York. Secretary,
m
Out Pa~nt Department, and Secretary to COordinator of Rehabilitation Services.
m
Performed administrative duties inherent ko the Out Patient Department, handled
the coordination of rehabilitation programs for patients, light bookkeeping, ·
patient scheduling/appointments, correspondence and medical transcription.
m
FRANK P. BENNET[ & CO~ANY, New York, NY. Secretary to Vice President.
Publisher of an investment, banking, and insurance magazine. Secretarial·
Duties, phones, correspondence, receptionist, advertising records.
m
PARAMOUNT FILM DISTRIBUTORS, INC.', Los iAngales; CA, Confidential Secretary
to Div~§ion~l S~es Manager. m
Typing, filing, phones, correspondence.
·
SOUTH-WESTEIUt PUBLISHING 'COMPAJiY, New Rochelle, NY. Private Secretary to
Assistant Manager. m
Shorthand, typing, correspondence, and maintained stock inventory.
BOY SCOUTS OF AJIERICA, New Rochelle, NY, JUnior Secretary
m
General Office Work, receptionist, typing' filing, mailing lists, certificationm
of Scouts, minutes and meeting notices.
ADDRESSES
Independence High School
1776 Educational Park Drive
San Jose, CA 95133
(408) 729-3938
Diane Guidici, Coordinator
State and Federal Programs
Hale indian River Groves
9255 U. S. Hwy. 1
Wabasso, FL 32970
{407) 589°4334
Mary Manser
Office Manager
m
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nESUME UPUATE
Mar~ P. Andrews
From 1/92
to
present
homeowners Funding systems i~c, II~1 Miracle Mile,
Veto Beech, FL 32960 PHONE': 407-770-4700
Secretary to President and princlpsI broker,
Mr. Msrion W. Sprague.
Am also Treasurer oF the Italian-American Club oF Sebastian,
\rice Chairman oF the St. Ssbastisn's Women's Guild, Evening
Oivision, and s member oF Beta Sigma Phi, Veto Beach Laureate
Iota Chapter.
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
M E M
TO:
FROM:
SUBJECT:
Earle Petty, Chief of Police
Kathryn M. O'Halloran, city Clerk
Investigation - Board ADDlication
Mar~ P. And~ew.s
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DATE:
December 28, 1992
Attached please find board application of Mary P. Andrews
for investigation, in accordance with Resolution No. R-89-13,
to serve on a City Board.
I
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/js
Enclosure
Sebastian, ri. 32976.D,
(4o7)
~j _~ _a ti l_t a il L) ti a
Dale :
IU :
FRLt.t:
5LUJE£T :
December 31, 1992
Kathryn M. O'Halloran, City Clerk
ll,VeStl08[o[ McCarthy
WaIit/War[ai,[ [l~£k - ~[,lJl Icall[ Mary P. Andrews
cheek for waf,ls/sarrants rot- the above referenced apollcant/board
,enOer reveal ti,at:
e.-.r No active .a, tt or ,arrar,t re, .subject Is t,,, file.
( ) an active uartal,[ ur want does exist and folios up will occur,.
lnveStlgatoot - ~ _ ~
Sebastian Police Det~artnei,t ~
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: FIRST READING OF )
ORDINANCE 0-93-06, TREE PROTECTION )
ORDINANCE )
Approved For Submittal By:
City Manager ~
Agenda Number: ~J. ~ -- ~. 5/7
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
1.
02/03/93
02/~0/93
Ordinance 0-93-06
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular workshop meeting of December 2, 1992,
directed the City Attorney to draft an ordinance
protection requirements of the Land Development Code.
the City Counc:..
revising the tre.
RECOMMENDED ACTION
Move to approve first reading of Ordinance 0-93-06 and set public hearin¢3
for March 10, 1993.
ORDINANCE NO. 0'93-06
AN ORDINANCE OF THE CiTY OFiSEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMEND~NGARTICLE XIV OF
THE LAND DEVELOPMENT CODE. OF THE CITY OF
SEBASTIAN, PERTAINING TO TREE PROTECTION, IN
ITS ENTIRETY; PROVIDING I FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION;AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission for the City of
Sebastian has met and approved the proposed amendment to the
existing Tree Protection Ordinance for the City of Sebastian; and
WHEREAS, the City Council has determined that the proposed
amendment to the Tree Protection Ordinance of the City of Sebastian
is in the best interest of the citizens of the City of Sebastian
and will promote public health, safety and welfare, through better
control of flooding, soil conservation, air pollution, and noise;
by encouraging reduced energy consumption; by conserving water; and
in general make the City of Sebastian a healthier, safer, and more
beautiful place in which to live.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. TREE PROTECTION QRDINANCEAMENDMENT. Article XIV
of the Land Development Code of the City of Sebastian, pertaining
to tree protection, is hereby amended in its entirety, as follows:
"Sec. 20A-14.1. Purpose, intent and applicability.
A. Purpose. The purpose of th!is article is to establish
protective regulations for trees within the City in order to:
1. Better control problems of flooding, soil
conservation, air pollution and noise;
2. Encourage reduced energy consumption;
3. Conserve water; and
4. Make the City a healthier, safer, and more
beautiful place in which to live.
B. Intent. The intent of this article is to encourage the
protection of a maximum number of trees. It is further the intent
of this article to encourage, in particular, the protection of
native trees of the City.
C. Applicability. This article shall apply to all real
property lying within the City, except:
Public protection - If any tree shall be determined
to be in a hazardous or dangerous condition, so as
to endanger the public health, welfare or safety
and requires immediate removal without delay,
verbal authorization may be given by the director
and a written permit shall be issued after the
fact.
State of public emergency - During the period of an
emergency, involving natural disasters such as a
hurricane, tropical storm, wind storm, freeze,
flood or any other act of God, the requirements of
this article may be temporarily waived by the city
Manager, or designee, so that the requirements of
this article will in no way hamper private or
public efforts to restore order in the City.
Nurseries - All licensed plant or tree nurseries,
or active groves shall be exempt from the terms and
provisions of this article. This exemption,
however, only relates to those trees planted and
growing on the premises of the licensee, which are
so planted and growing for the purpose of sale to
the general public, or otherwise in the ordinary
course of the licensee's business.
Ail trees classified as prohibited or undesirable
exotics according to Section 20A-14.17.
"Definitions".
Tree removal by public utilities as necessary to
fulfill their function.
Sec. 20A-14.2. Administration.
Environmental Administrator. The Director of Community
Development shall be the Environmental Administrator, and shall be
responsible for administering the provisions of this article and
2
shall direct, regulate and control the protection of all trees
growing now and hereafter in the City..
Sec. 20A-14.3. Tree protection prior to development.
A. Destruction approval. To prevent the unnecessary
destruction of trees on vacant, platted lot(s) where a building
permit or subdivision approval has not been issued, the destruction
of any tree(s), on any one parcel of real property within the city,
shall be prohibited, without first obtaining a permit as required
within this article.
B. Land Clearing or Grubbing. It shall be unlawful to clear
or grub land within the City without first having obtained a permit
as provided in this section.
C. Tree replacement. Ail trees that are illegal removed, or
effectively damaged causing decline and eventual destruction, shall
be replaced in accordance with Section 20A-14.15.
D. Replacement cost. The cost of replacing tree(s)s shall
be incurred by the party that damaged or removed the tree(s).
E. Single-family and two-family requirements. Prior to a
building permit being issued for a single-family or two-family
residence, the applicant shall indicate the minimum number of
trees, pursuant to Section 20A-14.4 (B) l(1) (g) of this Article. Ail
trees that are retained or installed to meet this requirement shall
be verified prior to the issuance of thie Certificate of Occupancy.
Sec. 20A-14.4. Application for Permits.
A. This section shall apply to all new single-family & two
family properties. For all new construction other than single-
family or two-family residences, the minimum standards set forth in
Article XIII shall apply. Also, any person desiring a permit to
clear, grub or otherwise similarly disturb property within the city
limits of Sebastian shall make. written application to the
department on proper forms provided byithe director.
The application form must be accurately completed and signed.
The applicant/contractor and owner, if other than applicant, must
acknowledge an awareness and understanding of the requirements of
this article, relating to the protection of trees during land
preparation for construction and construction activities. The
completed application shall be submitted with a filing fee as
established by, resolution by, the City Council. The application
shall be reviewed by the director or designee, and signed
signifying approval, approval with modifications, or denial based
on the pertinent criteria set forth in Section 20A-14.10.
"Criteria for Permit Issuance".
3
B. Permit applications and procedures.
A completed "Application for Land Clearing, Grubbing, or Tree
Removal" form shall be required before any work is done on any lot.
The application shall be accompanied by a survey, which may be
prepared by the contractor, and any of the following information
and documentation deemed appropriate, as described below:
1. Land Clearing or Grubbing.,
A legible, scaled drawing showing property
boundaries, physical or natural features, and
limits of the proposed work;
A statement of the purpose for clearing and/or
grubbing;
A general description of existing vegetation,
topography, and any surface waters present;
A description of the method of debris
disposal;
A description of the method(s) of soil erosion
and sedimentation control to be undertaken
during earthwork activities and the means and
timing of soil stabilization subsequent to the
completion of the clearing and grubbing
activities.
f. Trees to be retained.
The minimum number of trees shall be according
to the lot size, noted below. The minimum
height of each tree must be at least six feet
(6') and having a minimum two (2) inch
diameter measured between four (4) & six (6)
feet above the grade level.
Exception: Citrus trees may be used provided
that none is less than four (4) feet in
height, and shall not exceed three (3) or 25%,
whichever is greater, of the required minimum
number of trees on the lot.
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MINIMUM TREE REQUIREMENTS FOR
RESIDENTIAL BUILDING LOTS
LOt Size:Sauare Feel Minimum Number of Trees
To 9,999
10,000 To 15,999
16,000 To 19,000
20,000 To 29,000
30,000 To 39,000
40,000 To More
Five (5) Trees
Seven (7) Trees
Twelve (12) Trees
Fifteen (15) Trees
Eighteen (18) Trees
Twenty (20) Trees
If trees must be added~to the lot to conform with
the requirements of this article, trees shall be
supplied meeting:
(1)
Florida Grade 4 Number i or better
nursery standards established by the
State of Florida Department of
Agriculture and Consumer Affairs; and
(2)
A minimum overall height of six feet (6')
and a minimum trunk diameter of two
inches (2") measured at four to six (4-
6') feet above grade level.
Credit for Existing Trees. Ail existing trees
that meet the following criteria may be
applied towards meeting the minimum number of
trees as required in subsection "G" above.
Credits
5" - 10" = 1 Tree
10" - 20" = 2 Trees
21" - 30" = 3 Trees
30" & Over = 4 Trees
2. A minimum of 5 trees saved, between 2"-4" in
diameter, shall be given a credit of 1 tree.
* Note: Palm trees can be used on a one for one credit
but, no Palm Tree shall be utilized in the above formula.
Sec. 20A-14.5. Prohibitions.
A. It shall be unlawful to remove (as defined in Section
20A-14.17. "Definitions"), cut down, damage, poison or in any
other manner destroy or cause to be destroyed any trees or
mangroves covered by the terms of this article, except in
accordance with the provisions of this article. All mangrove
trimming or removal activities are subject to state permitting
procedures.
B. Attachments. It shall be unlawful to attach anything to
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a tree trunk or stem other than protective bindings, braces or
other similar noninjurious materials.
C. Prohibited or undesirable exotic trees and assessment of
costs for removal.
No person shall plant, or cause to be planted or
permit to be planted anywhere within the corporate
limits of the City of Sebastian, including any
public street or right-of-way, the following trees:
A. Ear Tree (Enterolobium cyclocarpum);
B. Chinaberry (Melia azedarch);
C. Australian Pine (Casuarina spp.);
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Punk Tree or Cajeput Tree (Melaleuca
quinquernervia or Melaleuca leucadendron);
E. Brazilian Pepper (Schinus terebinthifolius).
Whenever the director, after investigation,
determines that any one of the prohibited or
undesirable trees has been planted within the City,
the director shall, within ten (10) days, cause to
be served upon the owner or occupant of the real
property upon which the subject trees are located,
notice that such trees are in violation of this
section.
If after service of the notice provided for herein,
and following any requested hearing provided for
herein, it is determined that a violation does in
fact exist, the property owner shall thereafter
have fifteen (15) days in which to remove the
tree(s), or the director, shall have the trees
removed and charge the costs of removal thereof to
the real property owner.
Sec. 20A-14.6. Individual Tree Removal permit requirement.
No person, directly or indirectly, shall cut down, destroy,
remove, relocate or effectively destroy through damaging, any tree
situated on any property, or clear any lot or acreage located
within the City, without first obtaining a permit as provided in
this article.
Sec. 20A-14.7. Tree removal permit exemptions.
Prohibited or undesirable trees, as defined in Sec. 20A-14.17.
"Definitions,,, must be indicated on the survey but are considered
prohibited trees (or undesirable exotics) and are subject only to
a verification inspection by the department prior to removal.
Sec. 20A-14.8. Application for individual tree removal permit
other than new construction.
A. Permit Requirement. Permitsl for removal, relocation or
replacement of individual trees or groups of trees covered in this
section shall be obtained by making application for permit to the
director.
B. The application shall be accompanied by a written
statement indicating the reasons f~r removal, relocation or
replacement of trees and one (1) copy,of an accurate and legible
Site Plan, drawn to the largest practicable scale, to show the
following:
Location of the tree(s) that are being removed or
relocated.
Location of the trees remaining or replaced to meet
the minimum requirements of Section 20A-14.4 B 1 g.
Sec. 20A-14.9. Permit Fee.
A non-refundable permit fee, to be established by resolution
of the City Council, shall be applied to each acre or fraction
thereof to be inspected. Such a fee is deemed necessary for the
purpose of processing the applicationi and making the necessary
inspection for administration and enforcement of this article.
Sec. 20A-14.10. Criteria for permit issuance.
The issuance of a "Land Clearing, Grubbing or Tree Removal"
permit by the director, as required by this Article, shall be based
on the following criteria:
The need for vegetation removal on the property for
purposes of land surveying or land preparation for
development or other economic uses;
Whether protected trees either do not exist on the site,
or do not need to be removedlfor construction purposes;
Pose a safety hazard to pedestrian or vehicular traffic
or, due to proximity to existing or proposed structures,
threaten to cause disruption to public services and
public easements;
d. Pose a safety hazard to buildings;
e. Are diseased trees or in condition weakened by age,
storm, fire, insect attack or other injury that pose a
danger of falling and a safety hazard to people,
buildings or utilities and other improvements on lot or
parcel of land;
The extent to which tree removal is likely to result in
damage to the property of other owners, public or
private, including damage to lakes, ponds, streams, or
rivers, through runoff or erosion;
Topography of and relief to the land where the tree or
mangrove is located and the future effect of tree removal
on erosion, soil moisture retention and the diversion or
increased or decreased flow of surface water, and
coordination with the city master drainage plan or
similar plans adopted by City Council;
Good forestry practices, i.e., the number of healthy
trees that a given parcel of land will support, and the
number and density of trees and mangroves existing
elsewhere within the neighborhood, on improved or
unimproved property;
Necessity to remove trees in order to construct proposed
improvements to allow economic use of the property.
j. Whether the tree has been designated a historic tree.
k. The species and size of the tree(s) proposed for removal;
The extent of any damage or hardship which would result
to the applicant from a denial of the requested peri, it.
Sec. 20A-14.11. Application review.
A. General Review Procedures. The director shall act as
soon as practicable but shall have no more than ten (10) working
days after receipt of an application filed pursuant to this section
in which to grant or deny the requested permit. If the director
denies an application, the reason(s) for such denial shall be
specified to the applicant in writing.
B. Site plan requirement. In the case where a site plan is
required to be submitted, the application shall be submitted
simultaneously as part of the site plan application, and the time
of approval shall be the same as required for site plan review.
Sec. 20A-14.12.
Appeal from denial of permit or other action
of the director, penalty, and remedy.
A. Appeal. Any applicant aggrieved by a decision of the
director made pursuant to this article may appeal to a quorum of
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the planning and zoning commission sitting as a grievance board.
Final appeal may be achieved by appearance before the City Council
or a civil court, as provided by Sec. 20A-14.12.C.
B. Penalty. Violation of any~l of the provisions of this
article or the conditions of a permi~ issued hereunder shall be
unlawful, any person violating any of the provisions of this
article or the conditions of a permit issued hereunder shall, upon
conviction, be punished as provided in Section 1-10 of the City
Code of Ordinances, and until such violation is rectified, the
building and/or land clearing permits.issued in accord, with site
plan and tree protection plan approvals shall be rescinded.
Further, whenever a violation shall be determined to exist, the
building and/or land clearing permits issued in accord with site
plan and tree protection plan approvals shall be rescinded and
development work on the property shall be stopped until the
violation is rectified and the permit(is) is/are reinstated by the
City. In any appeal under this article, each individual tree or
mangrove so removed, damaged or destroyed, will constitute a
separate offense.
C. Civil remedy available. In addition to the penalties
provided inn Section 1-10 of the City's Code of Ordinances, any
person who violates any provisions of this article shall:
Forfeit and pay to the City a civil penalty equal
to the total value of those trees or mangroves
illegally removed or damaged as computed by the
International Society Of Arboriculture Shade Tree
Value Formula. Such sum shall accrue to the City
and may be recovered in a civil action brought by
the City. Such sum so Collected shall be placed in
a fund for the tree ~bank or city street tree
program, both established by resolution of the City
Council, and shall be expended for the purchase of
trees for replacement in public properties within
the City.
Replacement of illegally removed trees or mangroves
may be required as restoration in lieu of money.
This replacement will be computed on an inch-for-
inch basis, according to the total inches at DBH of
all illegally removed trees.
A combination of money and tree and/or mangrove
replacement may be required.
D. Other remedy. No person shall remove, cut down, damage,
poison or in any other manner destroy~ or cause to be damaged or
destroyed any tree or mangrove in violation of this article. In
the event of any such violation, or imminent threat thereof, the
City Manager or designee, in addition to any other remedies
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provided by law, may institute a suit or injunction to prevent or
terminate such continuing violations. Each day any violation of
any provision of this article or of any ordinance shall continue
shall constitute a separate offense, except that in any case where
the violation consists of a discrete act or failure to act, each
violation shall constitute a separate offense.
Sec. 20A-14.13. Duration of permit.
Any permit issued by the City pursuant to the requirements of
this article shall expire if the work authorized by the permit is
not completed within six (6) months of the date of permit issuance.
The holder of such an expired permit may apply for re-issue within
thirty (30) days of such expiration, and the director, at his/her
discretion, may cause the permit to be re-issued, waiving the fee
therefore. Alternatively, application for a new permit must be
made.
Sec. 20A-14.14. Tree Relocation by the City or the County.
Where the applicant for a permit has authorized the City to
enter upon his property and remove a tree or mangrove, the City
shall have the option to relocate the tree or mangrove, at the
City's expense, to publicly owned property. If the City does not
elect to relocate such tree or mangrove, it may give the County the
right to acquire such tree or mangrove at the County's expense, for
relocation on other public land within the County. The relocation,
either by the City or the County, shall be accomplished in fifteen
(15) working days of the issuance of the permit to the owner.
Should the City or County fail to remove the tree or mangrove
within the fifteen (15) working-day period, the permit holder shall
be allowed to proceed as provided in the permit.
Sec. 20A-14.15. Tree replacement for illegally removed trees.
A. Conditions and specifications for all tree replacement
requirements.
Characteristics. The replacement tree(s) shall
have at least equal shade potential, screening
properties, and other characteristics comparable to
that of the tree(s) for which a removal request has
been submitted.
Size. Replacement of illegally removed tree(s)
shall meet a size requirement providing for a
standard of one-inch (1") DBH removed, unless
otherwise agreed upon by both the director and the
applicant. Any number of trees may be utilized to
meet the inch-for-inch requirement, provided that
acceptable spacings and design are maintained.
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Species. The City may require that the species of
the replacement tree(s) be the same as those for
which removal is being! requested, or may require
such replacement trees to be of a species native to
the East Central Florida area. Acceptable exotic
or "naturalized" tree(S) and palms may be used to
meet replacement requirements. A list of species
which meet these requirements is available from the
department.
Minimum standards. At.the time of planting, each
replacement tree must have a minimum overall height
of ten feet (10') and a minimum trunk diameter of
two inches (2") measured six (6") inches above
grade level. All such~ trees shall be of Florida
Department of AgricultUre Nursery Grade Standard
(quality) Number 1 or better.
Waivers of replacement tree(s) specifications. The
planning and zoning commission may waive the
species, size or minimum standards specifications
if the applicant can demonstrate that the current
market conditions are .such that tree(s) meeting
these specifications are not readily available.
Substitute tree(s) allowed under this waiver
section must have the approval of the director.
Sec. 20A-14.16. Establishment.
A. Any and all trees planted, replaced or relocated in
compliance with this article must be maintained in a healthy,
living condition after planting. ReplaCements that have not become
established, have declined to an unhealthy condition to such a
degree that survival is not probable, or have died, must be
replaced. Such replacements must Continue until a tree is
established at the approved location, or if repeated failures or
other factors indicate that the specified location is unsuitable,
at a location approved by the director~.
Sec. 20A-14.17. Definitions.
The following words and phrases, when used in this article,
shall have the meanings respectively ascribed to them in this
section:
City shall mean the incorporated City of Sebastian, Indian River
County, Florida.
City Manager shall mean the City Manager or designee authorized to
perform one or more of the duties of the City Manager, pursuant to
this article.
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Crown shall mean all branch parts including all stems, twigs and
foliage.
Department shall mean the Community Development Department.
Diameter At Breast Height (DBH) shall mean the standard measurement
of the diameter, in inches, of a single-stemmed tree measured at
four-and-one-half (4 1/2') feet above grade. The DBH of a multi-
stemmed tree shall equal the sum total of the diameter of all stems
measured at 4 1/2' above grade.
Director shall mean the Director of the Community Development
Department, or an employee authorized by the Director to perform
one or more of the duties of the Director, pursuant to this
article.
Dripline shall mean an imaginary line along the ground which
conforms to the perimeter of the crown of a tree as projected
vertically to the ground.
Existing Diameter At Breast Height (EDBH) shall mean the total
diameter measured in inches at 4 1/2' feet above grade of all
protected trees existing on a site prior to the beginning of
development on the site. EDBH shall not include any trees
determined by the director to be a prohibited species, dead or in
a declining condition, which would warrant their removal.
Grubbing shall mean the removal of any type of rooted vegetation
from land by digging, raking, dragging or otherwise disturbing the
roots of such vegetation and the soil in which such roots are
located.
Hazardous Tree shall mean a tree that, in the opinion of the
director, constitutes a hazard to life or has a significant
potential to cause injury to persons or damage to property as.the
tree is in imminent danger of falling, or is otherwise considered
by a representative of the department to be or to create a hazard.
(i.e., a dead, diseased, broken, split, cracked, leaning and
uprooted trees). A hazardous tree shall also include a tree
harboring communicable diseases or insects.
Historic Tree shall mean a tree(s) which has been found to be a
notable historic interest to the City, because of its age, type,
size or historic association with the community and has been so
designated by resolution of the City Council, and the City Clerk
shall keep a permanent record of all trees so designated.
Land Clearing shall mean the removal by any means of any type of
vegetation or trees from land.
Mangrove shall mean any or all of the protected species of aquatic
woody plants listed by the State of Florida Department of Natural
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Resources and the Department of Agricu!lture and Consumer Affairs.
Native Vegetation shall mean any and all plant and tree species
that are indigenous to the City of Sebastian.
Prohibited or Undesirable Exotic Treeb shall mean the five tree
species, that if present on the site are considered to be
prohibited trees (or undesirable exotics) and are subject only to
a verification inspection by the department prior to removal.
Under no circumstances shall any of 'the named tree species be
deliberately introduced into the city and planted on public or
private property; and any such action Shall be deemed a violation
of this article and shall be cause for assessment of penalty and
damages for subsequent removal against said violator:
A. Ear tree (Enterolobium cyclocarpum);
B. Chinaberry (Melia azedarch);
C. Australian pine (Casuarina spp.);
Punk tree or cajeput tree (Melaleuca quinquernervia or
Melaleuca leucadendron);
E. Brazilian pepper (Schinus terebinthifolius)
Protected Tree shall mean any tree of five (5) inches DBM (15.7
inches in circumference) or greater, that is not otherwise exempted
herein.
Protective Barrier shall mean a physiical structure, composed of
material complying with the specifications and requirements of this
article which effectively limits access to a protected area.
Remove or Removal shall mean any act which will cause a tree to be
damaged, decline or die within a period of eighteen (18) months,
e.g., damage inflicted upon the root system by heavy machinery, or
by changing the natural grade above the root system or around the
trunk; damage inflicted on the tree, by excessive pruning or the
application of any chemical, which permits infection or pest
infestation or causes poisoning; or damage caused by other direct
or indirect actions, including paving with concrete, asphalt, or
other impervious material to within two (2) feet of the outside
diameter of a tree. The terms "Remove or Removal", when applied to
a mangrove shall mean the actual removal or causing the effective
removal through damaging, poisoning or other direct or indirect
actions resulting in death or decline of a mangrove, and shall also
mean the removal of any part of a mangrove plant through pruning,
trimming, cutting, mowing or other direct or indirect actions
resulting in the removal of any part of a mangrove plant.
Root Pruning shall mean the cutting of tree roots for the purpose
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of moving a tree or facilitating nearby construction or
landscaping.
Topping shall mean the removal of vertical leader stems on trees 5"
DBH or greater.
Tree shall mean any self-supporting and erect, standing woody plant
having at lease one well-defined stem, which together with its root
system, is of a species which normally attains a minimum overall
height at maturity of at least six (6') feet in the Sebastian
service area, and shall include, but not be limited to the region
appropriate species listed and on file with the City Clerk, as
adopted by resolution of the City Council and revised as required,
from time to time.
Undesirable Tree (See Prohibited or Undesirable Tree.)
SECTION 2. ~.onflict. Ail ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
SECTION 3. Severabilit¥. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision, it shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
SECTION 4. 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 to the Code of Ordinances 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 5. Effective Date. This Ordinance shall take effect
immediately upon final passage.
The foregoing Ordinance was moved for adoption by Council
Member
The motion was seconded by Council
Member
and, upon being put to a vote, the
vote was as follows:
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Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Peter R. Holyk
Councilmember George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , , 1993.
CiTY OF SEBASTIAN
By:
Lonnie R. Powell, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
Approved as to form and content:
Charles Ian Nash, City Attorney
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City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: SET PUBLIC HEARING FOR
ORDINANCE 0-92-07, LAND USE
AMENDMENT FOR SEBASTIAN GROVES
HOLDING LTD.
Approved For Submittal By:
City Manager ~ ¢
Dept. Origin: Community Development
Date Submitted: 02/03/93 (BC~
For Agenda Of:
02/10/93
Exhibits:
1. ordinance 0-92-07
2. Letter dated Nover~ber 12, 1992
from DCA
3. Finding of Facts from the City
of Sebastian regarding,
objections, recommendations and
comments regarding Amendment
92-1
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On May 13, 1992, the City Council held a public hearing and transmitted
the proposed land use amendment for Sebastian Grove Holdings, Ltd.. The
proposed land use amendment would change the existing designation from
Indian River County Rural to City of Sebastian Low Density Residential
(LDR).
This City has received the Department of Community Affairs objections,
recommendations and comments for the proposed amendment as outlined in
their letter dated November 12, 1992. Staff has prepared and coordinated
with the Department of Community Affairs our finding of facts to address
all the Department of Community Affairs objections or concerns. Although
we can not receive anything in writing from Department of Community
Affairs until after the ordinance has been adopted to determine whether
this amendment would be in compliance or not, staff believes the finding
of facts adequately address their concerns.
RECOMMENDED ACTION
Move to set public hearing for Ordinance 0-92-07 for March 24, 1993.
"..
STATE RIDA
DEPARTMENT OF COMMUNITY AFFAIRS '-~
2740 CE NTE RVIEW DRIVE * TALLAHASSEE, FLORIDA 32399-2100
LAWTON CHILES LINDA LOOMIS SHELLEY ·
Governo~ Secretary
November 12, 199~
The Honorable Lonnie R. Powell
Mayor, City of Sebastian
Sebastian City Hall
Post Office Box 780127
Sebastian, Florida 32978-0127
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Dear Mayor Powell:
The Department has completed its review of the proposed
comprehensive plan amendment (DCA No. 92~1) for the City of
Sebastian, which was submitted on August 7, 1992. Copies of
the proposed amendment have been distributed to appropriate
state, regional and local agencies for their review and their
comments are enclosed.
I am enclosing the Department's objections, Recommendations
and Comments Report, issued pursuant to Rule 9J-11.010, Florida
Administrative Code. Upon receipt of this report, the City of
Sebastian has 60 days in which to adopt the proposed amendment,
adopt the amendment with changes, or reject the amendment. The
process for adoption of local comprehensive plan amendments is
outlined in s.163.3184, Florida Statutes, and Rule 9J-11.011,
Florida Administrative Code.
The Department is concerned that the proposed amendment to
the City's comprehensive plan does not ensure the coordination of
future land uses of the annexed area with the availability of
facilities and services. Also, the proposed amendment does not
ensure the protection of natural resources.
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It is very important that the adopted plan amendment address
these issues, and all the objections in the Department's
Objections, Reccomendations and Comments~Report. Please contact
me if any staff can be of assistance as you-formulate your
responses to this report.
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EMERGENCY MANAGEMENT * HOUSING AND COMMUNITY DEVELOPMENT * ~'.;.SO[i~CE I:'[A,,~NING AND MANAGEMEN~.
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The Honorable Lonnie R. Powell
November 12, 1992
Page Two
Within five working days of the date of adoption, the City
must submit the following to the Department:
Five copies of the adopted comprehensive plan amendment;
A copy of the adoption ordinance(~);
A copy'of additional changes not previously reviewed;
A listing of findings by the local governing body, if any,
which were not included in the ordinance; and
A statement indicating the relationship of the additional
changes to the Department's Objections,. Recommendations and
Comments Report.
The above amendments and documentation are required for the
Department to conduct the compliance review, make a compliance
determination and issue the appropriate notice of intent.
In order to expedite the regional planning council's review
of the amendments, and pursuant to the provisions of Chapter 92-
129, Laws of Florida, please provide a copy of the adopted amend-
ment directly to the Executive Director of the Treasure Coast
Regional Planning Council.
If you have any questions, please contact Maria Abadal, Plan
Review Administrator, Paul F. Noll, Community Program
Administrator, or Stephen Gavigan, Planner II at (904) 487-4545.
Sincerely,
Robert Pennock, Chief
Bureau of Local Planning
RP/rm
Enclosures:
Objections, Recommendations and Comments Report
Review Agency Comments
cc:
Bruce Cooper, Director of Community Development
Daniel M. Cary, Executive Director, Treasure Coast
Regional Planning Council
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
CITY OF SEBASTIAN
AMENDMENT 92-1
Npvember 12, 1992
Division of Resource Planning
and Management
BUreau of Local Planning
This report is prepared pursuant to Rule 9J-11.010
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INTRODUCTION
The following objections, recommendations and comments are
based upon the Department's review of the proposed comprehensive
plan amendment(s) pursuant to s.163.3184, F.S.
Objections relate to specific requirements of relevant
portions of Chapter 9J-5, F.A.C., and Chapter 163, Part II, F.So
Each objection includes a recommendation of one approach that
might be taken to address the cited objection. Other approaches
may be more suitable in specific situations. Some of these
objections may have initially been raised by one of the other
state review agencies. If there is a difference between the
Department's objection and the state agency advisory objection
or comment, the Department's objection would take precedence.
Each of these objections must be addressed by the local
government and corrected when the amendment(s) is resubmitted for
our compliance review. Objections which are not addressed may
result in a determination that the amendment is not in compliance.
The Department may have raised an objection regarding missing
data and analysis items which the local government considers not
applicable to its amendment(s). If that is the case, a statement
justifying its non-applicability pursuant to Rule 9J-11.002(4),
F.A.C., must be submitted. The Department will make a
determination on the non-applicability of the requirement and if
the justification is sufficient, the objection will be considered'
addressed.
The comments which follow the objections and recommendations
are advisory in nature. Comments do not represent objections and
will not form bases of a determination of non-compliance. They
are included to call attention to items raised by our reviewers.
The comments can be substantive, concerning planning principles,
methodology or logic, as well as editorial in nature dealing with
grammar, organization, mapping, and reader comprehension.
Appended to the back of the Department's report are the
comment letters from the other state review agencies and other
agencies, organizations and individuals. These comments are
advisory to the Department and may not form bases of Departmental
objections unless they appear under the "Objections" heading in
this report.
objections, RecommendationS, and ¢ommen~s
cit~ of Sebastian
Amendmen~ 92-~
Future Land Use MaR Amendment
1. Objection: The amendment does not ensure the coordination of
future land uses with the appropriate Soil conditions. The
amendment package does not contain an analysis of soil
suitability and the Indian River County comprehensive plan
indicates the site contains soils which are poorly drained and
are not suitable for septic tanks. AlSo, the amendment does not
ensure the coordination of future land uses with the availability
of facilities and services. The proposed land use designation
allows up to five units per acre, however, the site is not
currently served by central water or sewer. The analysis does
not quantify the demand for facilities and services that would be
generated and quantify the amount of capacity available to serve
the demand. Also, the analysis does not evaluate the potential
adverse impacts to the Elkham Waterway~of the increased density
on the Site. (Rule 9J-5.006(2)(a), (3)(b)1., 9J-S. 007 (2) (b),
(3) (c)1., 9J-5.011(1) (f), 9J-5.016(4) (a), 9J-11.006(1) (b)4., and
(3), F.A.C.)
Recommendation: Coordinate the future land use designation with
the appropriate soil conditions and the availability of
facilities and services. Analyze the suitability of soils for
development within the annexed parcel and calculate the potential
demand for public facilities and services if development were
allowed at the maximum density. Identify any deficiencies in
capacity and indicate necessary changes to the Capital
Improvements Element to address these deficiencies. For
potential impacts to roads, see the attached objection and
recommendation from the Florida Department of Transportation.
For potential impacts to the Elkham Waterway, coordinate with the
St. Johns River Water Management District.
2. Objection: The proposed amendment does not ensure the
protection of natural resources. The amendment does not identify
the parcel's natural resources. The city's adopted Future
Land Use Map series shows conservationlareas consisting of
wetlands and floodplains immediately adjacent to the river just
north and south of the annexed parcel. The County's Future Land
Use Map series indicates that these types of resources continue
along the river within the annexed parcel. The amendment does
not include data and analysis identifying vegetative communities,
wildlife habitat, or the existence of threatened and endangered
species. The amendment does not include an analysis of the
character and magnitude of existing vacant or undeveloped land in
order to determine its suitability for use. Although the Flood
Insu~h~~e Ra~te Map 'for this area indicates that a portion of the
parcel lies within the AE Zone (subject to flooding from the 100-
year flood event), the amendment does not include an analysis of
the proposed development which lies within the floodprone area.
(Rule 9J-5.006(1) (b), (2) (b) , (2) (e), (4) (b), 9J-5.013(1) (a) ,
(1) (b), (2) (b)2., (2) (b)3., (2) (b)4., (2)(c)3., (2) (c)5.,
(2) (c)6., and 9J-11.006(3), F.A.C.)
Recommen4atlon= Identify all of the required types of resources
on the Future Land Use Map series. Provide an analysis to
indicate the impacts of the land use designation on such
resources as wetlands, flatwood hammocks, restricted development
areas, conservation areas and 100-year floodplains which are
identified in adjacent properties and in the County's Plan.
Adopt land use designations for the annexed area which provide
protection to the resources consistent with policies of the
City's plan. If necessary, revise or add policies to ensure that
the adopted land use designations will provide adequate
protection to the types of resources located within the annexed
area.
3. Objection: Because of the above listed objections, the
proposed amendment is not consistent with State Comprehensive
Plan Goal 10 (Natural Systems and Recreational Lands) and Policies
1 and 7; Goal 16 (Land Use) and Policy 6; and with Comprehensive
Regional Policy Plan Goal 16.2.1 (Natural Resource Preservation)
and Policy 16.2.1.2. (Rule 9J-5.021, F.A.C.)
Recommendation: Revise the amendment to be consistent with the
above referenced Goals and Policies of the State Comprehensive
Plan and the Comprehensive Regional Policy Plan.
2
FINDING OF FACTS FROM THE CITY OF SEBASTIAN REGARDING OBJECTIONS,
RECOI~ENDATIONS ND COMI~NTS REt~ARDINt~ /i~ENDI~NT 92-1
1. OBJECTION 1:
The State has concerns regarding the soil conditions and the
utilization of septic tanks. Map 4-2 "Soils With Limitations For
Septic Tanks.' within the Data Inventory Analysis book indicates the
majority of the Sebastian Highlands, including this proposed
amendment area has severe limitationS. Currently, all of these
areas that are not served by existing sewer and water are being
served by septic tanks approved by iIndian River County Public
Health Unit. Policy 4-1.3.1 paragraph b of the Goals, Objectives
and Policies of the Comprehensive Plan states, "Use of septic tank
systems for new development shall be restricted to sites in which
the Indian River County Public Health Unit renders a finding that
the site and facility designed is in compliance with State and
local regulations governing the same." Prior to any actual
development of this property (subdivisions, etc.), the developer
will have to submit letters of approval from the Indian River
County Public Health Unit indicating compliance with their
regulations for installation of septic tanks and wells. Without
this approval, this development would have to wait until central
water and sewer is available. If sewer & water capacities are not
available, again, development will not commence due to concurrency
requirements.
The following information will try to quantify the demand for
facilities and services that would be generated and quantified the
amount of capacity available to serve:the land.
Sewer & Water - Although septic tanks will probably be
utilized in the subdivision if built within the next three to
five years, sewer is available. The City of Sebastian is
embarking on its own utilities at this time in cooperation
with Indian River County. Once the city has a clear direction
with its destiny, the City will have to amend the current
Comprehensive Plan to indicate these changes. The immediate
area surrounding the proposed land use amendment is currently
served by General Development U~ilities. Table 4-2 of the
Data Inventory Analysis of the Comprehensive Plan (Analysis of
Waste Water Treatment Capacities 1990-2010) indicates a
surplus capacity of 230,800 gallons per day. if the developer
wishes to extend sewer lines to this property, capacity is
available. The level of service~ for Tables IV-1 & IV-2 are
estimated to equal 100 gallons per residence. This amendment
is 18.4 acres with a maximum density of 5 units per acre.
18.5 x 5 = 92 92 x 100 = 9200 gallons of capacity needed.
Potable Water - This area would ilikely be served by private
wells along with the septic tanks provided they are approved
Page 2
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by the County Health Department. If the developer wishes to
connect into a central water system, General Development
Utilities would be the closest provider of the system. Table
4-3 of the Data Inventory Analysis indicates a surplus
capacity of 305,000 gallons per day which would allow capacity
for this subdivision. The level of service for Table IV-3 is
based on 100 gallons per residence. 18.4 x 5 = 92 92 x 100
= 9200 gallons of capacity needed.
Recreation - Table 7-4 of the Data inventory Analysis of the
Comprehensive Plan indicates a surplus of land needed for
additional recreational facilities in the year 2010.
Specifically, 2010 projected demand of 57.5 acres whereas the
projected surplus in the year 2010 is 190.3 acres. Therefore,
the annexation of 18.4 acres with a proposed land use of five
(5) units per acre would yield a net population of
approximately 200.
After reviewing Table 7-5 and 7-6 for estimated recreational
facilities demand and needs to the year 2010, again the
projected population of approximately 200 is insignificant to
alter these statistics.
The City of Sebastian currently has a exclusive franchise with
a solid waste hauler for the collection and disposal of all
solid waste within the City of Sebastian. This is strictly a
exclusive franchise for the residential area only which this
property is being zoned for. The adopted Comprehensive Plan
for the City of Sebastian identifies that the existing land
fill facility is anticipated to serve Indian River County for
at least another 25 years, extending beyond the planning
period of this comprehensive plan. Therefore, it would be
logical to assume the addition of 18 acres of residential
zoning (90 units) would not be detrimental to the projected
demands of the landfill.
Drainage - D.C.A.'s objection is referring to the St. Johns
Water Management's letter dated September 11, 1992 which
identifies the following:
1. Increase density and environmental sensitive area.
2. Flooding from discharges at the control structure at
Elkcam Waterway.
Response to #1 - Ail areas along the Sebastian River will be
identified by D.E.R. prior to any subdivision plat being
submitted and or approved which will prevent construction
within any environmentally sensitive area.
Page 3
Response to #2 - St. Johns Water Management will review all
subdivisions prior to any approva~ being obtained by the City
of Sebastian to ensure they meet St. Johns' requirements and
the City of Sebastian's Land ,Development Code regarding
drainage.
Traffic - The City of Sebastian ~is currently finalizing the
required traffic analysis study to determine the overall
traffic circulation for the City of Sebastian, including all
State and County roads within the City limits. The
consultants have identified this land as being critical in
obtaining additional right-of-way for Laconia Street which
will become a major link into the southern areas of the
unincorporated area of Indian RiVer County.
Staff has contacted our local engineering consultant to
determine the following facts:
18.4 (size of development) acres x 5 (5 units per acre)
= 92 92 x 10 (10 trips Per residence per day) = 920
trips per day on to Laconia~Street.
Laconia Street currently andin the year 2010, will serve
as a two lane collector road with a capacity of 12,000
trips per day. The consultants have determined that in
the year 2010 this road capacity will be at 50 percent or
6,000 trips per day.
Therefore with a total of 6,920 trips per day at the year
2010, Laconia Street will still be under capacity with a level
service of C.
In regards to FDOT comments, this project is approximately 1
1/2 miles from County Road 512 and an additional 2 1/2 miles
to State Route 5 (U.S. Hwy. 1). Our consultants have
determined that the total amount Of trips generated from this
proposed amendment (920 trips) will be insignificant due to
the filtering out of the trips eastward toward U.S. #1. Even
if all 920 trips were routed onto~U.S. #1 on the same day, the
proposed six lane highway in the year 2010 with a capacity of
over 55,000 trips per day would ~ndicate that this would be
less than I percent of the overall trips. This percentage is
not sufficient to warrant a complete analysis of trip
generation, distribution and peak hour level of service
determination.
OBJECTION 2:
Natural Resources - This amendment area is currently an active
citrus grove. Areas along the river consist of wetland
hardwood hammock and prior to any development plan being
Page 4
BC/gk
amend92-.wp
submitted, the developer will have to coordinate with D.E.R.
to identify their jurisdiction. Coordination with Fish &
Wildlife & Fresh water Game will be needed also to determine
any wildlife habitat including any threatened and endangered
species.
Flood Zone - Prior to a development plan being submitted, the
developer's engineer will need to identify any floodways and
flood areas as depicted on the latest version of Firm,s Maps.
ORDINANCE 0-92-07
AN ORDINANCE OF THE CiTY 'OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPRE-
HENBIVE LAND UBE PLXN~ ~ING THE COMPREHENBIVE LAND
UBE PLAN MAP FROM INDIAN RIVER COUNTY RURAL DIBTRICT TO
CITY LD (LOW DENSITY) DISTRICT FOR LAND LOCATED IN THE
SOUTHWEST SECTION OF THE CITY, APPROXIMATELY 18.4 ACRES,
MORE OR LESS, LOCATED SOUTH OF BLOCK 339, NEST OF LACONIA
STREET AND NORTH OF THE SEBASTIAN RIVER FLOODWAY;
PROVIDING FOR REPEAL OF ORDINANCESI OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner of the parcel of property described herein
has petitioned the City of Sebastian, Indian River County, Florida,
to voluntarily annex said parcel of property; and
WHEREAS, the City Council has found and determined that the
annexation of said parcel of property is in the best interest of
the City of Sebastian and have annexed!said parcels into the City;
and
WHEREAS, it is necessary to amend the Comprehensive Land Use
Plan of the City of Sebastian to reflect the addition of this
parcel of property to the land area incorporated within the City
limits.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
.~ection 1.. PROPERTY. That the land use change enacted by the
adoption of this Ordinance shall apply to the following described
real property, now lying and being within the incorporated area of
the City of Sebastian, Indian River CoUnty, Florida:
BEING that part of the Southeast ¼ of the
Northeast ¼ of Section 26, TOwnship 31 South,
Range 38 East, Indian River iCounty, Florida,
lying North and East of the following described
lands:
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BEING an easement and right-of-way 200 feet in
width across the Southeast ¼ of the Northeast
¼ of Section 26, Township 31 South, Range 38
East, being 100 feet on each side of the
following described baseline as recorded in
Official Record Book 194, page 415 of the
Public Records of Indian River County, Florida:
BEGINNING at the Southeast corner of
the Northeast ¼ of aforesaid Section
26, run N41°42~15"W, a distance of
610 feet; thence run N53°52~05"W, a
distance of 600 feet; thence run
N73°42w05"W, a distance of 377.52
feet; thence run N53°50t05"W, a
distance of 92.13 feet, to a point
on the West boundary and 347 feet
South of the Northwest corner of the
aforesaid Southeast ¼ of the North-
east ¼ of Section 26, Township 31
South, Range 38 East, Indian River
County, Florida.
Section 2. DESIGNATION. That the Comprehensive Land Use
Plan Map shall be amended to reflect a designation of LD (Low
Density) for the property which is the subject of this Ordinance.
Section 3. NOTIFICATION. That the City shall send a
certified copy of this Comprehensive Land Use Plan Map designation
change to the Department of Community Affairs of the State of
Florida.
Section 4. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 5. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be
2
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
.Section ~..,. EFFECTIVE DATE,
This Ordinance shall take
effect immediately upon final passage.
The foregoing Ordinance
Councilman
by Councilman
vote, the vote was as follows:
was moved for adoption by
. . The motion was seconded
i and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilwoman Carolyn Corum
Councilman George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1992.
CITY OF ~EBASTIAN, FLORIDA
ATTEST:
Lonnle R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, tity Attorney
I HEREBY CERTIFY that two notices of public hearing on this
Ordinance were published in the Veto Beach Press Journal as
required by State Statute, that two public hearings were held on
t~ Ordinance, the first at 7:00 p.m. on the .~/~+~ day of
Ffl~ , 1992, followed by transmittal to the Department of
Community Affairs of the State of Florida, the second at 7:00 p.m.
on the day of
C~-~y~'.1992'i at which time this Ordinance
was
passed
by
the
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
4
SECTION 26
TOWNSHIP 31S RANGE 38E
'234
SEBA/
340
CITY
335
BEVAN
UNIT
SITE
18. 3965 ACRES
25
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I City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
SUBJECT: SET PUBLIC HEARING )
FOR ORDINANCE 0-92-08 REZONING )
SEBASTIAN GROVES HOLDING, LTD. )
PROPERTY FROM AGRICULTURAL TO RS-10)
Approved For Submittal By: )
)
City Manager )
)
)
)
)
Agenda Number: 73.&/~
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
1.
02/03/93
02/10/93
(BC _
ordinance 0-92-08
EXPENDITURE
REQUIRED-.
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On May 13, 1992, the City Council had a first reading of Ordinance 0-92-08
and have held off any further action until the land use amendment
(Ordinance 0-92-07) had been returned from the Department of Community
Affairs. Staff recommends that the City Council hold the public hearing
and final adoption of Ordinance 0-92-08 on March 24, 1993 in order to meet
the Land Development Code requirement of notifying the surrounding
property owners 30 days in advance.
RECOMMENDED ACTION
Move to set the public hearing for Ordinance 0-92-08 for March 24, 1993.
' I
ORDINkNCE 0-92-08
AN ORDINANCE OF TH~ CITY OF SEBA~TI.~z, INDIAN RIVER
MATELY 18.4 ACRES, MORE OR LESS, iLOCATED SO~H OF BLOCK
339, WHST OF L~CONIA STREET AND NORTH OF THE SEBASTIAN
RIFER FLOODFAY PROM COUNTY ZONING DIBTRICT AG-1 (AGRICUL-
TD~L) TO CITY ZONING DISTRICT: RE-10 (SINGLE-FAMILY
RESIDENTIAL); PRO~IDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
BEVERABILITY; AND PROVIDING AN E~FECTIVE DATE.
WHEREAS, the owner of the parcel Of property described herein
has petitioned the City of Sebastian fO~an amendment to%he Zoning
Ordinance; and
WHEREAS, the City Council has provided notice of the proposed
zoning change and conducted a public hearing to receive citizen
input; and
WHEREAS, the City Council has considered the criteria
identified in Section 20A-11.6.C. of the Land Development Code
together with the recommended findings and recommendations of its
staff and the Planning and Zoning Commission; and
WHEREAS, the City Council has determined that the requested
change in zoning is consistent with the Comprehensive Land Use
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: I
Section 1. PROPERTY. That the change in zoning classifica-
tion created by the adoption of this Ordinance shall apply to
following described real property:
BEING that part of the SoUtheast ¼ of the
Northeast ¼ of Section 26, TOwnship 31 South,
Range 38 East, Indian River County, Florida,
lying North and East of the foillowing described
lands:
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BEING an easement and right-of-way 200 feet in
width across the Southeast ¼ of the Northeast
¼ of Section 26, Township 31 South, Range 38
East, being 100 feet on each side of the
following described baseline as recorded in
Official Record Book 194, page 415 of the
Public Records of Indian River County, Florida:
BEGINNING at the Southeast corner of
the Northeast ¼ of aforesaid Section
26, run N41°42~lS"W, a distance of
610 feet; thence run N53°52'05"W, a
distance of 600 feet; thence run
N73°42t05"W, a distance of 377.52
feet; thence run N53°50'05"W, a
distance of 92.13 feet, to a point
on the West boundary and 347 feet
South of the Northwest corner of the
aforesaid Southeast ¼ of the North-
east ¼ of Section 26, Township 31
South, Range 38 East, Indian River
County, Florida.
Section 2. DISTRICT. That the real property described in
this Ordinance is hereby rezoned from County District AG-1
(agricultural) to City Zoning District RS-10 (single-family
residential). The official city Zoning Map shall be amended to
reflect this change in zoning district.
Section 3. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
~. 8EVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be
assumed that the city Council would have enacted the remainder of
this Ordinance without said inwLlid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Sect$on 5, EFFECTIVE DATE.
This Ordinance shall take
effect immediately upon final passage.
The foregoing Ordinance 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
Councilman Peter R. Holyk
Councilwoman Carolyn Corum
Councilman George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By: .~
Lonnlie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
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 , 1992,
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
4
SECTION 2~
D
TOWNSHIP 31S
333
352
?R. D
CITY
RANGE 38E
8EVAN
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340
UNIT
13.
33g
SITE
18. 3965 ACRES
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-533O D FAX (407) 589-5570
SUBJECT: Surplus Police Cars
Approved for Submlttal
City Manager
)
) Dept. of origin: City Manager (RSM)
)
) Date Submitted 02/04/93
)
)For Agenda of 02/10/93
)
) Exhibits:
) - Parish Letter Dated,
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT.
The City of Fellsmere Police Department has requested assistance
from the city of Sebastian so that they may establish a K-9
division. Their division would consist of two (2) K-9 units.
Each unit requires a designated police vehicle for each trained
police dog. The units would not be used for regular road patrol.
The Fellsmere Police Department is asking that the City of
Sebastian donate two (2) of its retiring police cruisers so that
they may establish the K-9 division.
The Fellsmere Police Department K-9 units would be available to
the Sebastian Police Department through our existing Mutual Aid
Agreements. Both Chief Earle L. Petty, Jr., and I agree that it
would be in Sebastian's best interest to have K-9 units
available. Currently, the Sebastian Police Department does not
have a K-9 division. While our retiring police cruisers are no
longer suitable for road patrol, they would work adequately as K-
9 units.
Historically, the City has either reassigned retiring police
cruisers to other in-City use or sold the vehicles at auction. We
have received between $825 and $1,050 with an average of $950 for
these units. The related equipment of light bars, siren and
radios are transferred to new units and are not included in a
sale or donation. Previously, the City donated two (2) units to
Indian River Community College for police officer training.
RECOMMENDED ACTION ~.~7
Move to approve the donation of two (2) retiring police cruisers///~
to the Fellsmere Police Department to be used as K-9 units. ~/~]
Mr. Rob McCleary
CITY MANAGER
City of Sebastian
Sebastian, Fi. 32958
Dear Mr. McCleary:
POLICE DEPARTMENT
City of Fellsmere
INDIAN RIVER COUNTY
22 S. ORANGE i
POST OFFICE BOX 38 ~
RE: DONATIONS
CITY OF FELLSMERE
As per our conversation on February 3, 1993, the City of Fellsmere
and the Fellsmere Police Department respectfully request from the City of
Sebastian, the donation of two to three Patrol Cars for use in starting a
K-9 Unit within our City and for use as mutual aid anytime the City of
Sebastian Police Department makes a requestl. Once the K-9 Unit is formed,
the vehicles will be used for Patrol purposes. The officers who will be
in the K-9 Unit also live in Sebastian, and: would respond to any request
from your Police Department.
The reason for asking for a donation of two to three patrol cars
is we are attempting to start this unit without costing the City .any mon-
ies. As you are aware, our budget restrainZs have been limited 'to all de-
partments. We are going to attempt to have two dogs shortly by donations
of monies from local residents and merchantS. We would like also to have
a spare car in case one of the K-9 cars break down.
On behalf of the City of Fellsmere, !I wish to thank you for your
help in this matter. If I can be of any fuzther assistance, please feel
free to contact me.
Thanking you, I am
Michael S. Parish
Acting Chief of Police
FELLSME~E POLICE DEPARTMENT
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I City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Pelican Island
Celebration-Yacht Club
Approval For Submlttal By:
City Manager:
Agenda NO. ~.
Dept. of Origin: City Manager
Date Submitted: 2/04/93
FOr Agenda Of= 2/10/93
Exhibits= Whltmore Ltr. Dated
2/2/93
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
The City Council has granted the use of the Riverview Park, Riverview
Park North, Stevenson Park and the Yacht Club for the 90th
Anniversary Celebration of Pelican Island. The celebration is to
take place on Sunday March 14, 1993. The event organizers are
requesting that the Yacht Club ramp and parking lot be closed from
8:30 a.m. to 4:30 p.m. on March 14th to accommodate the event. They
are also requesting use of City owned bleachers and public address
systems, which we will provide to them administratively.
Should the City Council grant the request to close the parking lot
and boat launch, staff recommends that the property be posted several
day in advance and closed to all use on Saturday evening, March 13,
1993.
RECOMMENDED ACTIQN
Review the request of U.S. Fish And Wildlife Service and event
organizers to close the Yacht Club, boat ramp and parking lot for the
Pelican Island Celebration on March 14, 1993.
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Merrit! Island National Wildlife Refuge
P,O. Box 6504
Titusville, Florida 32782
February 2, 1993
Mr. Robert S. McClary, City Manager
City of Sebastian
Post Office Box 780127
Sebastian, Florida 32978
Dear Rob:
I would like to take this opportunity ~o again thank the City for
their support of the 90th anniversary celebration for Pelican
Island. At your suggestion, I have met with Captain Pusher and he
has been extremely helpful in resolving most of our questions.
There are, however, several issues that Captain Pusher felt should
be addressed by City Council.
The primary question concerns the use~ of the parking lot at the
Yacht Club. As you know we were planning to use the Yacht Club
building for VIP's and designate a portion of the parking lot for
parking. Since the CAY Corporation property was also in use for
the event, the question of providing adequate boat trailers parking
for the Yacht Club boat ramp became a Concern. After much debate
it was the feeling of the Police .Department and the event
organizers, it was best to request the Closure of the boat ramp and
Yacht Club parking lot during the event hours (8:30 a.m. to 4:30
p.m.). We were hopeful that we could fiind away around the closure
of the boat ramp but unfortunately this seems to be our only
option. If the City has another option we would be glad to hear
it.
The other issue we would like City Council to consider is the use
of a set of bleachers and a public address system. Both items
would be very helpful in carrying out pianned programs at the park.
Of course, the Fish and Wildlife Service would be happy to
transport the bleachers to and from the park and set up the PA
system.
!
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I apologize in advance for having to request additional time on
your busy agenda. The event'organizers and the refuge appreciates
your action on these items. If you have any questions or need
further information, please do not hesitate to contact me.
Sincerely,
Dorn Whitmore
Project Director
RESOLUTION R-95-08
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DECLARING THE CITY OF SEBASTIAN
HOME OF PELICAN ISLAND"; AUTHORIZING AND DIRECTING THE
CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS
RESOLUTION TO THE U.S. FISH AND WILDLIFE SERVICE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR ANEFFECTIVE DATE.
WHEREAS, On March 14, 1903 by Executive Order, President
Theodore Roosevelt established Pelican Island as the nation's
first wildlife refuge; and
WHEREAS, Paul Kroegel, a German immigrant boat builder,
who lived near Sebastian, was the first Wildlife Manager from
1903 to 1920; and
WHEREA~, In 1963 the island was designated as a National
Historic Landmark and in 1970 the island was designated as part
of the National Wilderness System; and
WHEREAS, The City logo proudly proclaims the City of
Sebastian as the "Home of Pelican Island"; and
WHEREAS, There is no known documentation declaring the City
of Sebastian as "Home of Pelican Island".
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Sebastian, indian River County, Florida, that:
SECTION 1. The city Council of the City of Sebastian,
Florida, hereby declares the City of Sebastian as "Home of
Pelican Island".
SECTION 2_~. The City Clerk is hereby authorized and
directed to forward a certified copy of this resolution to the
United States Fish and Wildlife Service.
SECTION 3. CONFLICT. That all resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 5. SEVEP~t~ILiTY. 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. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Counclmember
Councilmember
a vote, the vote was as follows:
. The motion was seconded by
and, upon being put into
Mayor Lonnie R. Powell
Vice Mayor Frank Oberbeck
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
(S L)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
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January 27, 1993
Carlin J. Parker
1582 Ocean Cove St.
Sebastian, Florida
32958
Dear Sebastian City Council Members,
This letter is in regard to the code violation about the
commercial trailer being brought to my personal residence.
I feel that this ordinance is unfair to the lawn maintance
companies which have trailers with their tools and equipment on
them..Our trailers are not any different then the utility trailers
which are left months at a time untouched. The only difference
is we have a license, to n~w yards.
I would like to appear in front of the city council to express
my feelings on'this matter. Any cooperation on this matter would
be app~?ciate~
Thank you for your time.
Carlin J. Parker
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January 27, 1993
Carlin J. Parke~
1582 Ocean Cove St.
Sebastian, Florida
32958
Dear Sebastian City Council Members,
This letter is in regard to the code violation about the
commercial trailer being brought to my personal residence.
I feel that this ordinance is unfair to the lawn maintance
companies which have trailers with their tools and equil0me~t on
them..Our trailers are not any different then the utility trailers
,which are left months at a time untouched. The only difference
is we have a license, to mow yards.
I would like to appear in front of the city council to express
my feelings on 'this matter. Any cooperation on this matter would
be appi?ciated;
Thank you for your time.
Carlin J. Parker
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
SUBJECT: City Council Video
Broadcast
Approved for Submlttal By:
City Manager
Dept. of Origin: City Manager (RSM)
Date Submitted 02/04/93
For Agenda of 02/10/93
Exhibits:
- Harsh Letter Dated 2/04/93
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Ron Harsh, President of United Media Concepts, Inc. has been
taping City Council Meetings and rebroadcasting them on Falcon
Cable channel 35. Mr. Harsh has been videotaping these meeting
as a public service. Mr. Harsh is proposing that the City
sponsor the three (3) weekly tapings of City Council Meetings
every month for $150.00 per week. He has requested to be placed
on the February 10, 1993 City Council Agenda to make a
presentation regarding the videotaping of the Council Meetings.
RECOMMENDED ACTION
Review the proposal from United Media Concepts, Inc. to videotape
City Council Meetings for a fee of $150.00 per week.
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UNITED MEDIA CONC ]
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February 4th., 1993 ~ I
Robb McClarey, City Manager
City Hall I
Sebastian, Fla. ~... "~'/
Dear Robb;
By way of this letter, I request that I be placed on the
adgenda for the Feb. lOth. city council meeting to make
a presentation regarding the videotaping of the council
meetings for replay on Falcon cable.
As you know, the past six meetings have been taped at no
charge to the city. My intent was to determine if the
response to this experiment would be positive, and what
actual expenses would be incurred.
Phone calls to my office indicate that many residents of
Sebastian are watchinq these meetings instead of listening
to them. Some callers say they are unable to attend the
council meeting because of physical impairment, and the
video replay is the next best thing to being there. I am
encouraged therefore to continue this service to my com-
munity, however I need to cover certain expenses.
I wish to propose that the city "sponsor" the three weekly
tapings of the council meetings every month, including
the replay on the public access channel, for as long as
the council feels that this endeavor is in the best interests
of the citizens of Sebastian. I will not ask for a "con-
tract',, but will accept a written agreement as to what will
be provided by my company in return for this sponsorship.
For your consideration, I have attached an outline of my
proposed agreement with the city, which may be adjusted
as required.
Y~ly,
Ron Harsh - President
United Media Concepts, Inc.
P.O, Box782031 · Serbian, Florida32978-2031
(407)589-1606 · 571-9261(Mobile)
UNITED MEDIA CONCEPTS, INC.
For consideration, please note the following information .....
The city of Vero Beach pays $380~ per hour to have their
council meetings televised. Two meeting per month, ~ 3 hrs.
each = $1880. per month, no___~t including re-broadcast fees.
Were I to charge my standard hourly rate: ($65. for the first
hour, $45. for each addl. hour and $25. tape set-up-delivery-
pick-up time), a typical 3 hour council meeting would cost
the city about $200. ($600 per month).
Falcon Cable has agreed not to charge for the broadcast of
city council meetings.
AGREEMENT PROVISIONS;
1. United Media Concepts, Inc. shall videotape three city council
meetings per month, and have same rebroadcast on Falcon Cable
public access channel 35 within 48 hours.
2. UMC shall provide a copy of each meeting to the city on
standard 1/2 inch videotape.
3. UMC shall install, at no cost to the city, audio and video
connections to the PA system, and the city's VCR for the
direct taping of video presentations made to the council.
Wiring shall be concealed where possible, and shall term-
inate at a suitable camera location. (present location is
prefered.)
4. United Media Concepts, Inc. shall provide the above services
for a fee of $150. per week, regardless of the actual length
of the meetings, and payment may be made at the end of the
month.
5. The city of Sebastian may terminate this agreement at any
time by providing a 48 hour written notice. Should United
Media be unable to fulfill it's obligation to the city, it
shall make every effort to provide a suitable replacement
for it's services.
P.O. Box 782031 · Sebastian, Florida 32978-2031
(407) 589-1606 · 571-9261 (Mobile)