HomeMy WebLinkAbout02221995 City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 22, 1995 - 7:00 EM.
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.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-Jg)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Merril E. Dewey - Church of the
Nazarene
4. ROLL CALL
5. 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-93-19).
6. PROCLAMATIONS ANDIOR ANNOUNCEMENTS
95.038 A.
PGS 1-2
Presentation of Certificates of Appreciation -
Police Department Community Service Volunteers
95.028
PGS 3-18
95.028
PGS 19-22
7. PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
ORDINANCE NO. o-.95rQ1 - Tree Protection (City
Manager Transmittal dated 2/16/95, O-95-01)
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, BY DELETING THE EXISTING ARTICLE
iN ITS ENTIRETY; PROVIDING DEFINITIONS; PROVIDING FOR
THE APPOINTMENT OF AN ENVIRONMENTAL ADMINISTRATOR;
REQUIRING PERMITS FOR REMOVAL OF CERTAIN TREES;
REQUIRING SITE PLANS; PROVIDING FOR PENALTIES;
ESTABLISHING REQUIREMENTS FOR PERMITS; ESTABLISHING
APPLICATION PROCEDURES; PROVIDING FOR CREDITS FOR
EXISTING TREES; ESTABLISHING CRITERIA FOR ISSUANCE OF
PERMITS; PROVIDING FOR FORMATION OF A TREE ADVISORY
BOARD; PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 2/8/95,
Advertised Legal Notices 2/10/95, PH 2/22/95)
Be
ORDINANC$ NO. 0-95-02 - Landscaping (City Manager
Transmittal dated 2/16/95, 0-95-02)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE XIII OF THE LAN~
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING
TO LANDSCAPE REGULATIONS, BY DELETING PORTIONS OF
SEC. 20A-13.2; PROVIDING FOR THE REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 2-~8/95, Advertised Legal Notices
2/10/95, PH 2/22/95)
95.014
95.014
PGS 23-36
10.
PGS 37-46
/
First P,Ublic Hearinq o__n ~ Development
Block G~ant Proqram
COMMUNITY DEVELOPMENT BLOCK G~ PROGRAM ITEMS
ORDINANCE NO. 0-95-07 - Fair Housing Ordinance
(City Manager Transmittal dated 2/16/95, 0-95-07)
1st Reading - Set Public Hearing for 3/22/95
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA
PROVIDING FOR A DECLARATION OF CITY POLICY TO
PROHIBIT DISCRIMINATION IN HOUSING ON THE BASIS OF
RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, RELIGION,
SEX, MARITAL STATUS, FAMILIAL STATUS, HANDICAP, OR
AGE; PROVIDING DEFINITIONS; DESIGNATING AS UNLAWFUL
CERTAIN DISCRIMINATORY HOUSING PRACTICES IN THE SALE
OR RENTAL OF HOUSING AS WELL AS IN ADVERTISING IN
CONNECTION THEREWITH, IN THE FINANCING OF HOUSING,
AND IN BROKERAGE SERVICES RELATED TO HOUSING;
PROVIDING FOR CERTAIN EXEMPTIONS AND EXCEPTIONS;
PROVIDING FOR AN ADMINISTRATOR TO BE DESIGNATED BY
THE CITY COUNCIL AND PRESCRIBING THE GENERAL POWERS
AND DUTIES OF SUCH ADMINISTRATOR; PRESCRIBING ACTION
UPON A DETERMINATION OF PROBABLE CAUSE, AND
AUTHORIZING THE PROMULGATION OF FORMS AND REGULATIONS;
MAKING PROVISION FOR THE FILING OF COMPLAINTS AND
RESPONSES THERETO, AND THE PROCESSING THEREOF BY THE
ADMINISTRATOR; PROVIDING FOR ADDITIONAL REMEDIES;
INFORMATION; PROHIBITING UNTRUTHFUL COMPLAINTS OR
FALSE TESTIMONY; AND PROVIDING FOR PENALTIES FOR
VIOLATION OF SUCH ORDINANCE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES iN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
INTRODUCTION OF NEW DUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
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 - 2/8/95 Special and Regular
Meetings
95.035/
94.073
PGS 47-54
95.039/
94.189
PGS 55-62
95.017
PGS 63-70
RESOLUTION NO. R-95-07 - Vickers Grove Sandmining
Special Use Permit (Director of Community
Development Transmittal dated 2/17/95, R-95-07)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING
OF A SPECIAL USE PERMIT FOR THE MINING OF SAND
AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF
THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 30.2
ACRES IN SIZE, LOCATED IN SECTION 17, TOWNSHIP 31
SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE
WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE
IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE
SPECIAL USE PERMIT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-95-08 - Fey Mulch Special Use
Permit (Director of Community Development
Transmittal dated 2/17/95, R-95-08)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE
PERMIT TO RICHARD FEY, L.I. TREE SERVICE, INC.
AND DAMIEN GILLiAMS ON APPROXIMATELY 11 ACRES OF
LAND; ESTABLISHING CONDITIONS FOR THE PERMIT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS,
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-95-09 - Fey Sandmining Special
Use Permit (Director of Community Development
Transmittal dated 2/17/95, R-95-09)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE
PERMIT AND MINING PERMIT TO RICHARD FEY FOR
SAND MINING ON APPROXIMATELY 11 ACRES OF LAND;
FINDING THE USE IS NOT DETRIMENTAL TO THE PUBLIC
SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH
THE PURPOSE AND INTENT OF THE INDUSTRIAL
DISTRICT; FURNISHING CONDITIONS; PROVIDING AN
EXCEPTION TO THE 150 FOOT SETBACK; MODIFYING
CONDITION NUMBER EIGHT IN THE TREE RECYCLING AND
MULCHING RESOLUTION ON THE PROPERTY BY DELETING
THE PROHIBITION ON SAND MINING; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
i 95.040
PGE; 71-7~
95.041/
94.196
PGS 75-84
95.015
POS 85-86
95.042
PGS 87-88
11.
12.
13.
14.
RESOLUTION NO. R-95-10 - Budget Transfer - Police
Retirement Fund (City Manager Transmittal dated
2/7/95, R-95-10, Finance Director Memo dated
2/3/95 w/Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING THE ANNUAL BUDGET
OF THE CITY OF SEBASTIAN, FLORIDA FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1994, AND ENDING
SEPTEMBER 30, 1995; AUTHORIZING THE TRANSFER OF
FUNDS FROM GENERAL RESERVES NON-DEPARTMENTAL TO
POLICE DEPARTMENT CHAPTER 185 RETIREMENT FUND;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Approve Supplemental Agreement - Greiner
Engineering, Inc. - Runway 4-22 Resurfacing
Project Engineers (City Manager Transmittal dated
2/6/95, Supplemental Agreement No. 1)
Receive Lonnie R. Powell Formal Withdrawal of
Name from March 14, 1995 Ballot (City Clerk
Transmittal dated 2/16/95, Powell Letter)
American Cancer Society - Request Use of
Community Center - 3/4/95 - 5 pm to 11 pm - Chili
Cook-Off - A/B - Security Paid - Permittee Board
of Directors (City Clerk Transmittal dated
2/6/95, Application)
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS - None
NEW BUSINESS - None
CITY COUNCIL MATTERS
A. Mr. Frank Oberbeck
B. Mayor Arthur Firtion
C. Vice-Mayor Carolyn Corum
D. Mrs. Norma Damp
E. Mr. Robert Freeland
15. CITY ATTORNEYMATTERS
16. ~~ANAGER MATTERS
17. 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.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-E330
FAX 407-589-5570
iSUBJECT:Present. Certificates of
Service to the Police Department
Community Service Volunteers
I Approved For Submittal By:
City Manager %., _~/ ,,,
) Agenda No.
)
) Dept. Origin Polic.e
)
) Date Submitted 2-6-95
)
) For Agenda Of
)
) Exhibits: Memorandum from
) Chief Petty, dated 2-6-95.
) Certificate of Service for
) Each Volunteer.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATIO
REQUIRED:
SUMMARY STATEMENT
During the period January 1, 1994 thru December 31, 1994, the Sebastian Police
Departments Community Service Volunteers donated a total of 4,064 hours of service to
their community by aiding the police department in the following areas: 1. Housewatch Program
2. Residential and Industrial Security Surveys
3. Crime Prevention
4. Close Patrol of Problem Areas
5. Crime Watch Program
6. Parking Control
7. Logistical Support
The certificate of service that is presented by the Mayor to each volunteer is in
appreciation for a job well done.
RECOMMENDED ACTION
Mayor present each Community Service Volunteer with a Certificate of Appreciation.
SEBASTIAN
POLICE
DEPART) ENT
Earle L Petty, Chief of Police
Office ~f the Chief
1225 Wain Street
Sebastian~ FL 32958
(407) $89-5Z33
MEM 0 R~ ND UM
February 6, 1995
Joel L. Koford, Cit~ Manager
Earle ~.. Petty, Police Chief
Certificates of Appreciation for Police Department
Community Service Volunteers
Request t_hat Mayor Firtion present t_he following Cc~munity Service
Volunteers vith a Certificate of ~pprecia=ion at City Council
meet/ng on February 22, 1995;
2.
3.
4.
5.
6o'
7.
B.
9.
10.
11.
12.
13.
14.
15.
16.
Howard Brauer
Julio Carosi, Coordinator
Terry Carosi
Marvin Goldman
Frank Gorchess
Christian Gumbrech t
Albert Jordan
Earl K/effer, Assistant Coordinator
Joseph ~orozovski
Paul Mouser
Jerry Puthoff
James Stanberry
J. Paul St Amand
Robert Stuart
Filliam Ward
Carl Wolf
Our volunteers donated 4-,064 hours of service to the police
department and their community. They are very dedica ted,
nthusiastic people pith lots of energy and good ideas. They
rovide the police department with additional resources needed to
eet the community's call for police service.
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Ordinance No. o-95-01
Tree Protection
APPROVED FOR SUBMITTAL BY:
City Manager: ~,/~
AGENDA FORM
Agenda No.
Dept. Origin
Date Submitted
~ ManaQer
.2./16/95
For Agenda Of ~
Exhibits: O-95-01
EXPENDITURE AMOUNT
REQUIRED: N/A BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The city Council, at its February 8, 1995 Regular Meeting,
approved Ordinance No. O-95-01 on first reading with certain
minor amendments. Those amendments are highlighted for your
review.
RECOMME .N!)_ ED ACTION
Conduct the public hearing and adopt Ordinance No. O-95-01.
ORDINANCE NO. 0-95-01
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, BY DELETING THE
EXISTING ARTICLE IN ITS ENTIRETY; PROVIDING
DEFINITIONS; PROVIDING FOR THE APPOINTMENT OF AN
ENVIRONMENTAL ADMINISTRATOR; REQUIRING PERMITS
FOR REMOVAL OF CERTAIN TREES; REQUIRING SITE PLANS;
PROVIDING FOR PENALTIES; ESTABLISHING REQUIREMENTS
FOR PERMITS; ESTABLISHING APPLICATION PROCEDURES;
PROVIDING FOR CREDITS FOR EXISTING TREES;
ESTABLISHING CRITERIA FOR ISSUANCE OF PERMITS;
PROVIDING FOR FORMATION OF A TREE ADVISORY BOARD;
PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
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 an
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 ORDINANCE AMENDMENT. Article XIV
of the Land Development Code of'the City of Sebastian, pertaining to tree protection, is
hereby amended in its entirety, as follows:
"ARTICLE XIV TREE PROTECTION 1
SEC. 20A - 14.1 Purpose and intent. I
A. Purpose. The purpose of this article is to establish protection regulations for trees
within the City in order to better control problems of flooding, soil I
conservation, air pollution and noise and to make the City a healthier
and safer place in which to live. I
B. Intent. The intent of this article is to encourage the protection of the maximum
number of trees and of large specimen trees. It is further the intent that
this article encourage in particular the protection of native trees of the I
city.
SEC. 20A- 14.2 Definitions. 1
The following words and phrases, when used in this article, shall have the meaningsI
respectively ascribed to them in this section:
City: Shall mean the incorporated City of Sebastian, Indian River County, Florida. I
City Manager: Shall mean the City Manager or designee employed by the City i
authorized in writing by the City Manager to perform one or more of the duties of the
City Manager, pursuant to this article.
Clearing: Shall mean the land clearing activity which removes trees.
Crown: Shall mean all branch parts including all stems, twigs and foliage. I
Department: Shall mean the Community Development Department. i
Developer: Shall mean a developer, builder or owner of property who clears or
grubs land of a tree or trees, or a person who engages in any construction activity
which may injure a tree and results in death of a tree within eighteen months of the
(DBH) Diameter At Breast Height: Shall mean the standard measurement of the
diameter, in inches, of a single-stemmed tree measured at four and one-half feet (41
1/2') above grade. The DBH of a multi-stemmed tree shall equal the sum total of the
diameter of all stems measm:ed at four and one-half feet (4 1/2') above grade, i
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Director: Shall mean the Director of 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.
Drip-line: 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.
Environmental Administrator: Shall mean the City Official appointed by the City
Manager to perform the duties specified within this Article.
Grubbing: Shall mean the removal of any type of rooted vegetation from land by
digging, raking, dragging or otherwise disturbing the vegetation or trees from land.
Hazardous Tree: Shall mean a tree that, the Environmental Administrator, £mds
constitutes a hazard to life or to property as the tree is in imminent danger of falling,
or is considered a hazard (i.e., a dead, diseased, broken, split, cracked, leaning or
uprooted trees).
Historic Tree: Shall mean a tree(s) which has been found to be of 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.
Homeowner Packet: Shall mean those documents and informational pamphlets
regarding the protection of trees and are available at the City Building Department for
homeowners, property owner, contractors and developer.
Land Clearing or Grubbing: Shall mean the removal by any means of any type of
vegetation or trees from land, but does not include mowing, trimming or priming so
as to maintain vegetation in a healthy, viable condition.
Landscape Earth Berm: Shall mean an earthen mound which is not greater that for
(4) feet in height which is sodded and planted with additional vegetation to meet the
specifications of the required vegetative buffer classification.
Landscape Materials: Shall mean vegetation, such as trees, ornamental palms and
native plants, which may be complemented by features including, but not limited to,
sod and understory. Mulch, rocks and other similar materials may be used in
conjunction with the planting of approved landscape materials.
Landscaping: Shall mean the preservation or planting of vegetation to enhance the
natural environment, pursuant to the provisions of this Section.
Mangrove: Shall mean any specimen of the species Avicennia germinans (Black
Mangrove), Laguncularia racemosa (White Mangrove) or Rhizonhora Manel¢ (Red
Mangrove). - -
Native Vegetation: Shall mean any and all plant and tree species that are indigenous
to the City of Sebastian.
Person: Shall mean a natural person, trust, partnership, or corporation.
Plot/Site Plan: Shall mean a dimensioned sketch plan showing the location of all
structures, driveways, on-site sewage disposal facilities, waterbodies, existing trees
and vegetative communities identified by genus and size, proposed landscaping or
other information as required by the City of Sebastian.
Prohibited or Undesirable Exotic Trees: Shall mean the following five tree species,
that if present on the site are considered to be prohibited trees (or undesirable exotic)
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
mto 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:
Ao
B
C.
D.
Ear tree (Enterolobium cyclocarpum);
Chinaberry (Melia azedarch);
Australian Pine (Casuarina spp.);
Punk tree or cajeput tree (Melaleuca quinquernervia or Melaleuca
leucadendron);
Brazilian pepper (Schinus terebinthifolius)
Protected Tree: Shall mean any tree of four inches D.B.H. or greater or any
Quereus (Oak) tree measured at its base of four inches (4") in~iame, tex or greater, that
is not otherwise exempted herein. ~ c c v tn 5'r'n ~(g ~'
Protective Barrier: Shall mean a physical structure, such as protective bindings,
braces or other similar non-injurious materials which effectively limit access' to a
protected area.
Quercus (Oak): Shall mean any specimen of the species Chapmanii (Chapmans
Oak), Quercus Geminata (Sand Live Oak), Quercus Minima (Dwarf Live Oak), and
Quercus Myrtifoila (Myrtle Oak).
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Mangrove: Shall mean any specimen of the species Avicennia germinans (Black
Mangrove), Lammcularia racemosa (White Mangrove) or Rhizol~hora Manele (Red
Mangrove).
Native Vegetation: Shall mean any and all plant and tree species that are indigenous
to the City of Sebastian.
Person: Shall mean a natural person, mast, partnership, or corporation.
Plot/Site Plan: Shall mean a dimensioned sketch plan showing the location of all
structures, driveways, on-site sewage disposal facilities, waterbodies, existing trees
and vegetative communities identified by genus and size, proposed landscaping or
other information as required by the City of Sebastian.
Prohibited or Undesirable Exotic Trees: Shall mean the following five tree species,
that if present on the site are considered to be prohibited trees (or undesirable exotic)
and are subject only to a verification inspection by the Department prior to removal.
Under no circmstances 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:
B
C.
D.
Ear tree (Enterolobium cyclocarpum);
Chinaberry (Melia azedarch);
Australian Pine (Casuarina spp.);
Punk tree or cajeput tree (Melaleuca quinquemervia or Melaleuca
leucadendron);
Brazilian pepper (Schinus terebinthifolius)
Prot__ecte~dd Tree: Shall mean any tree of four inches D.B.H. or greater or any
Quercus (Oak) tree measured at its base of four inches (4") in diameter or greater, that
is not otherwise exempted herein.
Protective Barrier: Shall mean a physical structure, such as protective bindings,
braces or other similar non-injurious materials which effectively limit access to a
protected area.
,._~c/e o c~ .
~Quereus (Oak). Shall mean any specimen of the Scrub Oak or of the species
Chapmanii (Chapmans Oak), Quercus Geminata (Sand Live Oak), Quercus Minima
(Dwarf Live Oak), and Quercus Myrtifolla (Myrtle Oak).
4
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 priming 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.
Recognized Knowledgeable Person: Shall mean an individual recognized by the
City of Sebastian as being knowledgeable in the identification and evaluation of
vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape
architect licensed landscape contractor, certified nurseryman or person having similar
recognizable skills and experience.
Root Pruning: Shall mean the cutting of tree roots for the purpose of moving a tree
or facilitating nearby construction or landscaping.
Specimen Tree: Shall mean any tree twenty (20) inches d.b.h, or more and shall
include all red and black mangroves (Rhizophora Mangle and Avicermia Nitide) and
exclude palm trees.
Topping: Shall mean the removal of vertical leader stems on trees 5" DBH or
greater.
Tree: Shall mean any living self-supporting and erect, standing woody plant having
at least one well-defined stem, is of a species which normally attains a minimum
overall height at maturity of at least eight (8') 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.
Tree Removal: (See Removal)
SEC.
SEC.
SEC.
A.
Tree Survey: Shall mean a method of identifying by name and size all ~4)
' . . . xisting on each surveyed site.
Undesirable Tree: (See Prohibited and Undesirable Exotic Tree).
Verification: Shall mean confirmation by the City Manager or his designee that a
tree is historic, a specimen tree or an exotic tree.
20A- 14.3 Administration.
The City official appointed by the City Manager to perform the duties of the
Environmental Administrator shall be responsible for administering the provisions of
this Article and shall direct, regulate and control the removal of all trees growing now
or hereafter in the City.
20A - 14.4 Historic and Specimen Trees.
All "historic trees" designated by Resolution of the City Council require a removal
permit approved by the City Council; however, historic and specimen tree (s)
designated as hazardous tree (s) by the Environmental Administrator which require
immediate action may be removed after verification and obtaining approval from the
City Manager. A specimen tree shall not be removed until a removal permit has been
issued by the City Manager, or his designee.
20A - 14.5 Plot / Site Plan requirements for building permits.
This section shall apply to all new single and two family residential construction
within the City of Sebastian. Each lot where a single or two family residence is
constructed must meet the minimum tree requirements established in Section 20A -
14.12 (3). Any applicant for a single or two family building permit must submit a
plot/site plan which provides the City with reasonable assurances of compliance with
the minimum tree requirements. The provisions of Article XIII shall apply to other
types of construction within the City limits of Sebastian.
The plot / site plan which is submitted with an application for a building permit shall
include as a minimum, the following information:
(1)
Location of all present.and proposed structures, driveways, parking areas and
other planned areas; ~
6
SEC.
SEC.
SEC.
A.
Tree Survey: Shall mean a method of identifying by name and size all protected,
historic, and specimen trees four (4) inches or greater in D.B.H. existing on each
surveyed site.
Undesirable Tree: (See Prohibited and Undesirable Exotic Tree).
Verification: Shall mean confu'mation by the City Manager or his designee that a
tree is historic, a specimen tree or an exotic tree.
20A - 14.3 Administration.
The City official appointed by the City Manager to perform the duties of the
Environmental Administrator shall be responsible for administering the provisions of
this Article and shall direct, regulate and control the removal of all trees growing now
or hereafter in the City.
20A - 14.4 Historic and Specimen Trees.
All "historic trees" designated by Resolution of the City Council require a removal
permit approved by the City Council; however, historic and specimen tree (s)
designated as hazardous tree (s) by the Environmental Administrator which require
immediate action may be removed after verification and obtaining approval from the
City Manager. A specimen tree shall not be removed until a removal permit has been
issued by the City Manager, or his designee.
20A ~ 14.5 Plot / Site Plan requirements for building permits.
This section shall apply to all new single and two family residential construction
within the City of Sebastian. Each lot where a single or two family residence is
constructed must meet the minimum tree requirements established in Section 20A -
14.12 (3). Any applicant for a single or two family building permit must submit a
plot/site plan which provides the City with reasonable assurances of compliance with
the minimum tree requirements. The provisions of Article XIII shall apply to other
types of construction within the City limits of Sebastian.
The plot / site plan which is submitted with an application for a building permit shall
include as a minimum, the following information:
(1)
Location of all present and proposed structures, driveways, parking areas and
other planned areas;
6
(2)
Location and kind of all trees over four (4) inches in diameter measured four
and one-half feet (4 1/2') from the ground, all protected trees, all specimen
trees, and all historic trees,
(3) Sec 20A - 14.10 shall apply for all trees to be removed, retained, or relocated.
(4) Recorded deed indicating the current owner.
Prior to grubbing, clearing or removing ai~ protected trees within the City limits of
Sebastian a person shall make application to the City Manager through the
Department on a form prescribed by the Environmental Administrator. All prohibited
or undesireable exotic trees must be removed by the developer at the time of clearing.
The department shall provid~ to each permit applicant a "homeowners packet" that
includes as a minimum, information and techniques relating to the protection of trees
dining land preparation for construction or construction activities. The owner of the
lot must sign the application which acknowledges receipt of a "homeowners packet"
regarding tree protection. All protected trees, specimen trees and historic trees
destroyed or removed without permit approval shall be replaced by a species of tree
approved by the City Council. The City Council shall file a list of approved
replacement tree species with the City Clerk and Environmental Administrator.
The cost of replacing protected, specimen or historic trees shall be incurred by the party
responsible for the removal or destruction.
Prior to development or construction activity, the developer shall erect suitable
protection barriers around all trees to be preserved.
Do
It shall be unlawfixl to attach anything to a protected, historic, or specimen tree..Waak-
or--stem, h~~:~fom~~~(~ ~~ other than protective
wires, braces or other similar noninjurious materials, t
it shall be unlawful to remove any material or ground within a five - foot radius of
any protected, historic, or specimen tree.,mmk or stem having a diameter of four
inches (4") or more at DBH.
The developer shall not cause or allow the disposal of waste mater/al such as paint,
oil, solvents, asphalt, concrete, mortar or any other material hamfful to the life of a
protected, specimen or historic tree within the drip-line of the such tree or groups of
trees.
7
(2)
Location and kind of all trees over four (4) inches in di~aneter measured four
and one-half feet (4 1/2') from the ground, all protected trees, all specimen
trees, and all historic' trees,
Sec 20A - 14.10 shall apply for all trees to be removed, retained, or relocated.
i~¢~ (4) Recorded deed indicating the current owner.
SEC. 20A - 14.6 Tree protection.
Prior to grubbing, clearing or removing any protected trees within the City limits of
Sebastian a person shall make application to the City Manager through the
Department on a form prescribed by the Environmental Administrator. All prohibited
or undesireable exotic trees must be removed by the developer at the time of clearing.
The department shall provide to each permit applicant a "homeowners packet" that
includes as a minimum, information and techniques relating to the protection of trees
during land preparation for construction or construction activities. The owner of the
lot must sign the application which acknowledges receipt of a "homeowners packet"
regarding tree protection. All protected trees, specimen trees and historic trees
destroyed or removed without permit approval shall be replaced by a species of tree
approved by the City Council. The City Council shall file a list of approved
replacement tree species with the City Clerk and Environmental Administrator.
The cost of replacing protected, specimen or historic trees shall be incurred by the party
responsible for the removal or destruction.
Co
Prior to development or construction activity, the developer shall erect suitable
protection barriers around all trees to be preserved.
It shall be unlawful to attach anything to a tree'mink or s{em~h~-ving a diameter of
four inches (4") or more DBH, other than protective wires, braces or other similar
noninjurious materials.
It
shall~be~lawful to remove any material or ground within a five - foot radius of
any~ee trunk or stem having a diameter of four inches (4") or more at DBH. '
The developer shall not cause or allow the disposal of waste material such as paint,
oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a
protected, specimen or historic tree within the drip-line of the such tree or groups of
trees.
SEC. 20A - 14.7
Exceptions to tree protection requirements.
7
During the period of any emergency proclaimed by the Governor of the State of
Florida, the City Council of the City of Sebastian or the Mayor of the City of
Sebastian as provided within the City Charter, all requirements of this Article may be
temporarily suspended by the City Manager for the period of time required by private
or City work forces to remove hazardous trees or clear public thoroughfares.
All properly licensed plant or tree nurseries shall be exempt from the provisions of
this Article only in relation to the trees growing on the premises of the nursery and
so planted or growing for the sale or intended sale to the general public in the
ordinary course of the licensee's business.
SEC. 20A- 14.8 Appeals.
Any applicant for a tree removal permit aggrieved by a decision of the City Manager,
the Director or the Environmental Administrator made pursuant to this Article may
appeal in writing within ten (10) days of the decision to the City Council by filing
with the City Clerk. The City Clerk shall inform the City Council of the appeal and
shall schedule a heating within fourteen (14) days of receipt of the appeal.
SEC. 20A - 14.9 Penalty.
Violation of any of the provisions of this Article or the conditions of a permit issued
hereunder shall be unlawful, and 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 site plan approval shall be suspended and all development
work shall cease until the site plan approval is reinstated by the City. Each separate
act which violates this ordinance shall constitute a separate offense under this
ordinance subject to the penalties prescribed in Section 1-10 of the City Code.
SEC. 20A - 14.10 Tree removal permit requkement.
It shall be unlawful for any person, directly or indirectly, to cut down, destroy,
remove, relocate or effectively destroy through damaging any protected, specimen or
historic tree situated on any real property or clear any lot or acreage located with the
City, without first obtaining a permit as provided within these provisions.
SEC. 20A - 14.11 Exemptions.
The prohibited or undesirable'Exotic trees outlined in Section 20A - 14.2, Definitions,
may be removed without a permit after receiving verification from the City Manager
or his designee.
SEC.
20A - 14.12 Application for a tree removal permit.
Permits for removal, relocation or replacement of individual trees or groups of trees
shall be obtained by furnishing a completed application for a permit to the
Community Development Department. The application shall be accompanied with
a written statement indicating the reasons the applicant seeks to remove, relocate, or
replace the trees and one (1) copy of an accurate legible plot/site plan drawn to the
largest scale practicable to reveal the following:
(1) The location of existing and proposed improvements, if any, including
structures, paving and utility easements.
(2) The minimum number of trees according to the lot size as designated herein.
(3)
Minimum Tree Requirements For
Residential Building Lots
MINIMUM TREE REOUIREMENTS FOR
RESIDENTIAL LOTS
Lot Size: Square Feet
To 9,999
10,000 To 15,999
16,000 To 19,999
20,000 To 29,999
30,000 To 39,999
40,000 To More
Minimum Number of Trees (Protected.
Specimen and HistoriO
Five (5) Trees
Seven (7) Trees
Twelve (12) Trees
Fifteen (15) Trees
Eighteen (18) Trees
Twenty (20) Trees
(4)
Trees that are added to a lot in order to satisfy the minimum tree requirements
for the lot shall be equal to Florida grade number 1, or greater, utilizing the
nursery standards established by the State of Florida Department of
Agriculture and Consumer Affairs.
The mimmum height of each tree except citrus trees must be at least eight feet
(8') and have a minimum diameter of one and one-half (1 1/2") inches
measured at eighteen (18) inches above the finish grade. Citrus trees may be
used provided that none is less than four feet (4') in height and the number
shall not exceed three (3) or comprise more than 25%, whichever is greater,
of the required minimum number of trees on the lot.
9
. Each lot owner where a residential unit is located musl maintain on the lot a
sufficient number of protected, specimen or historic trees to comply with the
requirements in this section. Any protected, specimen or historic tree which
dies must be replaced. The failure to maintain the number of trees required by
this Section shall constitute a violation of this ordinance and shall subject the
violator to the penalties as prescribed in Section 1-10 of the City Code of
Ordinances.
(5)
All existing trees that meet the following criteria may be applied towards meeting the
minimum number of trees as required in subsection (3) above.
2" - 5"dbh = 1 tree
over 5" -10 dbh -- 2trees
over 10"-20 dbh = 3trees
over 20" -30 dbh = 4 trees
over 30" dbh = 5 trees
Co
(6) At least 50%
Palm trees may be utilized on a one for one credit b~. 5
A cumulative of oaks having a minimum at its base a four inch
(4") diameter per oaktree ma~.~ufi~in~t~e above credit
formula.
of all new required trees shall be of native species.
SEC. 20A- 14.13 Fees.
A non-refundable permit fee shall accompany each application for the processing,
inspection, enforcement and administration of this Article.
SEC. 20A - 14.14 Criteria for permit issuance.
The City Manager or his desginee in the issuance of a permit for tree removal as required
within this Article shall consider criteria as follows:
(1)
Necessity to remove .trees which present a hazard or other unsafe condition
to people, vehicular traffic or threaten to cause disruption to public services or
public easements;
10
of the required minimum number of trees on the lot.
Each lot owner where a residential unit is located must maintain on the lot a
sufficient number of protected, specimen or historic trees to comply with the
requirements in this section. Any protected, specimen or historic tree which
dies must be replaced. The failure to maintain the number of trees required by
this Section shall constitute a violation of this ordinance and shall subject the
violator to the penalties as prescribed in Section 1-10 of the City Code of
Ordinances.
(5)
All existing trees that meet the following criteria may be applied towards meeting the
min/mum number of trees as .required in subsection (3) above.
CREDITS
2" - 5" dbh = 1 tree
over 5" - 10 dbh = 2 trees
over 10" ~ 20 dbh = 3 trees
over 20"-30 dbh = 4 trees
over 30" dbh = 5 trees
Palm trees may be utilized on a one for one credit basis.
All protective, historic and specimen trees may be utilized in the
above credit formula.
(6) At least 50% of all new required trees shall be of native species.
SEC. 20A- 14.13 Fees.
A non-refundable permit fee shall accompany each application
inspection, enforcement and administration of this Article.
SEC. 20A - 14.14 Criteria for permit issuance.
for the processing,
The City Manager or his desginee in the issuance of a permit for tree removal as required
within this Article shall consider criteria as follows:
(1)
Necessity to remove trees which present a hazard or other unsafe condition
to people, vehicular traffic or threaten to cause disruption to public services or
10
SEC.
(2)
(3)
(4)
(6)
(7)
(8)
(9)
(10)
(11)
20A -
Necessity to remove trees which present a hazard to structures;
Necessity to remove diseased, or fallen trees or trees weakened by age, storm,
or frre.
The extent to which tree removal is likely to result in damage to the property
of others, public or private, including damage to lakes, ponds, streams, or
rivers, drainage canals or swales;
Proposed landscaping improvement including plans whereby the applicant has
planted or will plant trees to replace those that are proposed to be cleared;
Topography of the land and the adverse impact of tree removal on erosion,
soil retention and the diversion or increased flow of surface water, which is
necessary to use the land while conserving natural resources.
Good forestry practices, i.e., the number of healthy trees that a given parcel
of land will support;
Necessity to remove trees in order to construct proposed improvements to
allow economic enjoyment of the property, including;
a. need for access around the proposed structure for construction
equipment (maximum of ten (10) feet);
b. need for access to the building site for construction equipment;
c. essential grade changes;
Use of the land as permitted by the applicable zoning regulations.
The extent of any damage or hardship which would result to the applicant
from a denial of the requested permit;
The species and size of the trees proposed for removal.
14.15 Application review.
The City Manager or his. designee shall review and grant or deny the permit
application within ten (10) working days after receipt of an application filed pursuant
to this article. If the application is denied, the reasons therefor shall be in writing and
attached to the application. In the event ten (10) working days have lapsed and the
11
City Manager or hisldesignee has not acted on the application, the application shall
be deemed to have been granted.
In the event a site plan is required to be submitted, then the application shall be
submitted simultaneously as part of the site plan application and the approval period
shall be as required for the site plan review.
Co
A certificate of occupancy shall not be issued by the City for a residential unit
without the applicant first demonstrating compliance with the provisions of Sec. 20A
- 14.12 (3).
SEC. 20A - 14.16 Tree Advisory Board
There is hereby created a Tree Advisory Board which shall provide advice to the City
Council as requested by the Council on care of trees on City property, preservation of
historic trees, proposed planting of trees on City property, proposed amendments to the Tree
Protection Ordinance, and such other matters as required by the City Council from time to
time.
The Tree Advisory Board shall consist of five (5) residents of the City, who shall be
appointed by the City Council. Members shall serve without compensation. Initially, three
(3) members shall be appointed to 2 year terms and two (2)' members shall be appointed to
1 year terms. Thereafter, all appointments shall be for 2 year terms.
Vacancies shall be filled by the City Council.
Meetings shall be held at such places and times as specified by the City Council from time
to time, and shall be open to the public,
CONFLICTS. All ordinances or parts of ordinance in conflict
herewith are hereby repealed.
Section 3. CODIFICATION. It is the intention of the City Council of the City of
Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this
Ordinance shall become and be made a part of the Land Development Code of the City of
Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to
12
accomphsh such intention; and the word "Ordinance" may be changed to "Section," "Article"
or other appropriate designations.
~ SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any pan of this Ordinance is invalid or unconstitutional, the
remaining provisions of this Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become effective
at 12:00 o'clock A.M. on the thirtieth day from the date of the adoption of this
Ordinance.
The foregoing Ordinance was moved for adoption by Council member
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Frank J. Oberbeck
The Mayor thereupon declared this Ordinance duly passed and adopted this
day of ,1995.
13
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
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 ., 199 , and the
following said public hearing this Ordinance was passed by the City Council.
Kathryn M. O'Halioran, CMC/AAE
City Clerk
Approved as to form and content:
Clifton A. McCleiland, Jr.
City Attorney
14
City of Sebastian
1225 MAIN STREET D SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330' D FAX (407) 589-5570
SUBJECT:
Ordinance No. 0-95-02
Landscaping
APPROVED FOR SUBMITTAL BY:
City Manager: %~
AGENDA FORM
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
city ~
2/16/95
Exhibits: O-95-01
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
~[~_~_STATEMENT
The city Council, at its February 8, 1995 Regular Meeting,
approved Ordinance No. 0-95-02 on first reading.
RECOMME~ED ACTION
Conduct the public hearing and adopt Ordinance No. 0-95-02.
ORDINANCE NO. 0-95-02
AN ORDINANCE OF ~ ~ OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTiCLE xm OF THE LAND
DEVELOP1VEENT CODE OF TH~ CTrY OF SEBASTIAN,
PERTAINING TO LANDSCAPE REGUI~TIONS, BY DELETING
PORTiONS OF SEC. 20A-13.2; PROVIDING FOR THE REPEAL OF
ORDINANCES OR /'ARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFEC'IRVE DATE.
WHEREAS, the City of Sebastian City Council has adopted Ordinance 0-95-01, pertaining
to tree protection within the City of Sebastian, and being applicable to all real property located within
the City of Sebastian; and
WHEREAS, the provisions of Ordinance 0-95-01 are duplicitive of the requirements of Article
XIII, Sec. 20A-13.2 of the Land Developmem Code of the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE City Council of the City of Sebastian,
Indian River County, Florida, as follows:
SECTION 1. Landscape Re_m,tlation Amended. Article XIII, Sec. 20A-13.2, of the Land
Development Code of the City of Sebastian, pertaining to the applicability of the landscape regulations
is hereby amended as follows:
"Sec. 20A-13.2. Applicability.
For all new construction other than single-family or two- family residences, the minimum standards
for landscaping set forth in this article' shall be applicable to all storage, parking, display, sales or
...
accessory vehicular use areas when created or used in conjunction with new construction, remodeling
enlargement requiring updated code compliance."
Sec~on
repealed.
CONFLICTS.
All ordinance or parts of ordinances in [onflict herewith are hereby
Section 3. 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 the ordinance shall
become and be made a part of the Land Development Code of the City of Sebastian, Florida; that the
sections of this ordinance may be renumbered or relettered to accomplish such intention; and the word
"Ordinance" may be changed to "Section," "Article" or other appropriate designations.
Section 4. SEVERABIL1TY. In the event a court of competent jurisdiction shall hold or
determine that any part of this ordinance is invalid or unconstitutional, the remaining provisions of
this ordinance shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this ordinance without said invalid and
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 5.
its adoption.
EFFECTIVE DATE.
This ordinance shall become effective immediately upon
The foregoing ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
being put to a vote, the vote was as follows:
and, upon
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corem
Council Member Norma Damp
Council Member Robert J. Freeland
Council Member Frank Oberbeck
The Mayor thereupon declared this ordinance duly passed and adopted this
,199~
CITY OF SEBASTIAN, FLORIDA
day of
ATTEST:
By:
Arthur L. Firtion, Mayor
Kathryn M. O~Ialloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public heating on this ordinance was published in the
Vero Beach Press Journal as required by State Statute, that one public heating was held on this
ordinance at 7:00 p.m. on the day of ,199 .... , and the following
said public hearing this ordinance was passed by the City Council.
Approved as to form and content:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
City Attorney
City of Sebastian
1225 MAiN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 i::] FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Ordinance No. 0-95-07
Approval For Submittal By:
City Manager ~
AGENDA NO.
Dept. Origin: CM
Joel L. Koford
Date Submitted: 02116/95
For Agenda Of: 02/22/95
Exhibits:
I EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY
The attached proposed ordinance establishes the policy of the City Council to prohibit
discrimination in housing and to establish procedures for the filing of complaints. Although
the City is not applying for housing assistance funds, the policy is a requirement for
applicants applying for Community Development Block Grant funds.
Recommend approval.
RECOMMENDATION
ORDINANCE NO. 0-95-07
AN ORDiNaNCE OF THE CITY OF SEBASTIAN, FLORIDA PROVIDING
FOR A DECLARATION OF CITY POLICY TO PROHIBIT
DISCRIMINATION IN HOUSING ON THE BASIS OF I~CE, COLOR,
ANCESTRY, N~TION]tL ORIGIN, RELIGION, SEX, NARITAL STATUS;
FAHILIAL STATUS, H~RDICAP, OR AGE; PROVIDING DEFINITIONS;
DESIGNATING AS UNLAWFUL CERTAIN DISCRIMINATORY HOUSING
PRACTICES IN THE SALE OR RENTAL OF HOUSING AS WELL AS IN
ADVERTISING IN CONNECTION THEREWITH, IN THE FINANCING OF
HOUSING, AND IN BROKERAGE SERVICES RELATED TO HOUSING;
PROVIDING FOR CERTAIN EXEMPTIONS AND EXCEPTIONS;
PROVIDING FOR AN ADMINISTRATOR TO BE DESIGNATED BY THE
CITY COUNCIL AND PRESCRIBING THE GENERAL POWERS AND
DUTIES OF SUCH ADMINISTRATOR; PRESCRIBING ACTION UPON A
DETERMINATION OF PROBABLE CAUSE, AND AUTHORIZING THE
PROMULGATION OF FORMS AND REGULATIONS; MAKING PROVISION
FOR THE FILING OF COMPLAINTS AND RESPONSES THERETO, AND
THE PROCESSING THEREOF BY THE ADMINISTRATOR; PROVIDING
FOR ADDITIONAL REMEDIES; INFORMATION; PROHIBITING
UNTRUTHFUL COMPLAINTS OR FALSE TESTIMONY; AND PROVIDING
FOR PENALTIES FOR VIOLATION OF SUCH ORDINANCE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING
FOR AN EFFECTIVE DATE.
SECTION 1. DECLARATION OF POLICY.
It is ~he policy of The City of Sebastian, in keeping with the
laws of the United States of America and the spirit of the
Constitution of the State of Florida, to promote through fair,
orderly and lawful procedure the opportunity for each person so
desiring to obtain housing of such person's choice in this City,
without regard to race, color, ancestry, national origin, religion,
sex, marital status, familial status, handicap, or age, and, to
that end, to prohibit discrimination in housing by any person.
SECTION 2. DEFINITIONS.
The terms as used herein shall be defined as follows:
a. Administrator - That person appointed by the City Council
pursuant to Section 5 hereof;
b. Age - Unless the context clearly indicates otherwise, the word
age as used herein shall refer exclusively to persons who are 18
years of age or older;
c. Discriminatory housing practice - An act that is unlawful under
Section 4 hereof;
d. Family - One or more persons
housekeeping unit in a dwelling;
living together as a
e. Handicap - A person who has a physical or mental impairment
which substantially limits one or more major life activities, or
who has a record of having, or is regarded as having, such physical
or mental handicap, or a person who has a developmental disability
as defined in F.S. 393.063;
f. Familial Status - Is established when an individual who has not
obtained the age of 18 years is domiciled with: (1) a parent or
other person having legal custody of such individual, or (2) a
designee of a parent or other person having legal custody, with the
written permission of such parent or other person;
g. Housing or housing accommodation - Any building, structure, or
portion thereof, mobile home or trailer, or other facility which is
occupied as, or designed or intended for occupancy as, a residence
by one or more families, and any vacant land which is offered for
sale or lease for the construction or location thereon of any such
building, structure, or portion thereof, mobile home or trailer or
other facility;
h. Lending Institution - Any bank, insurance company, savings and
loan association or any other person or organization regularly
engaged in the business of lending money, guaranteeing loans, or
sources of credit information, including but not limited to credit
bureaus;
i. Owner - Any person, including but not limited to a lessee,
sublessee, assignee, manager, or agent, and also including the City
and its departments or other sub-units, having the right of
ownership or possession or the authority to sell or lease any
housing accommodation;
j. Person - One or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mortgage
companies, joint stock companies, trusts, unincorporated
organizations, or public corporations, including but not limited to
the City or any department or sub-unit thereof;
k. Real Estate Agent - Any real estate broker, any real estate
salesman, or any other person, employee, agent, or otherwise;
engaged in the management or operation of any real property;
1. Real Estate Broker or Salesman - A person, whether licensed or
not, who for or with the expectation of receiving a consideration,
lists, sells, purchases, exchanges, rents, or leases real property,
or who negotiates or attempts to negotiate any of these activities,
or who holds himself or herself out as engaged in these activities,
or who negotiates or attempts to negotiate a loan secured or to be
secured by mortgage or other encumbrance upon real property, or who
is engaged in the business of listing real property in a
lication; or a person employed by or acting on behalf of any of
2
these;
m. Real Estate Transaction - Includes the sale, purchase, exchange,
rental or lease of real property, and any contract pertaining
thereto;
n. Rent - Includes lease, sublease, assignment and/or rental,
including any contract to do any of the foregoing, or otherwise
granting for a consideration ~he right to occupy premises that are
not owned by the occupant;
O. Respondent - Any person against whom a complaint is filed
pursuant to this ordinance;
p. Sale - Includes any contract to sell, exchange, or to convey,
transfer or assign legal or equitable title to, or a beneficial
interest in real property.
SECTION 3. UNLAWFUL HOUSING PRACTICES.
(1) Unlawful housing practices - Sale
Advertising in connection therewith.
or Rental and
Except as provided in Section 4 hereof, it shall be unlawful
and a discriminatory housing practice for an owner, or any other
person engaging in a real estate transaction, or for a real estate
broker, as defined in this ordinance, because of race, color,
ancestry, national origin, religion, sex, marital status, familial
status, handicap, or age:
a. To refuse to engage in a real estate transaction with a person
or otherwise make unavailable or rent housing to any person;
b. To discriminate against a person in the terms, conditions or
privileges of a real estate transaction or in the furnishing of
facilities or services in connection therewith, or because of such
person's exercise of his or her right to free association;
c. To refuse to receive or to fail to transmit a bona fide offer to
engage in a real estate transaction from a person;
d. To refuse to negotiate for a real estate transaction with a
person;
e. To represent to a person that housing is not available for
inspection, sale, rental, or lease when in fact it is so available,
or to fail to bring a property listing to such person's attention,
or to refuse to permit himl. or her to inspect the housing;
f. To steer any person away from or to any housing;
g. To make, print, publish, circulate, pos~, mail, or cause to be
made, printed, publ~she~or circulated, ~ny notice, statement,
advertisement or sign, or to use a form of application or
photograph for a real estate transaction or, except in connection
with a written affirmative action plan, to make a record or oral
written inquiry in connection with a prospective real estate
transaction, which indicates directly or indirectly an intent to
make a limitation, specification, or discrimination with respect
thereto;
h. To offer, solicit, accept, use or retain a listing of housing
with the understanding that a person may be discriminated against
in a real estate transaction or in the furnishing of facilities or
services in connection therewith;
i. To induce or attempt to induce any person to transfer an
interest in any housing by representation regarding the existing or
potential proximity of housing owned, used or occupied by any
person protected by the terms of this ordinance;
j. To make any misrepresentations concerning the listing for sale
or rental, or the anticipated listing for sale or rental or the
sale or rental of any housing in any area in the city for the
purpose of inducing or attempting to induce any such listing or any
of the above transactions;
k. To retaliate or discriminate in any manner against any person
because of his or her opposing a practice declared unlawful by this
ordinance, or because he or she has filed a complaint, testified,
assisted or participated in any manner in any investigation,
proceeding or conference under this ordinance;
1. To aid, abet, incite, compel, or coerce any person to engage in
any of the practices prohibited by the provisions of this
ordinance, or to obstruct or prevent any person from complying with
the provisions of this ordinance, or any conciliation agreement
entered into thereunder;
m. By canvassing to compel any unlawful practices prohibited by the
provisions of this ordinance;
n. Otherwise to deny to, or withhold, any housing accommodations
from a person;
o. To promote, induce, influence or attempt to promote, induce or
influence by the use of postal cards, letters, circulars,
telephone, visitation or any other means, directly or indirectly,
a property owner, occupant, or tenant to list for sale, sell,
remove from, lease, assign,l, or otherwise dispose of any housing by
referring as a part of' a process or pattern of inciting
neighborhood unrest, community tension, or fear of racial, color,
eligious, nationality or ethnic change in any street, block,
4
neighborhood, or any other area, to the race, color, ancestry,
national origin, religion, sex, marital status, familial status,
handicap or age, of actual or anticipated neighbors, tenants or
other prospective buyers of any housing;
p. To cause to be made any untrue or intentionally misleading
statement or advertisement, or in any other manner, attempt as part
of a process or pattern of inciting neighborhood unrest, community
tension or fear of racial, color, ancestry, national origin,
religious, sex, marital status, familial status, handicap, or age,
or ethnic change in any street, block, neighborhood, or any other
area, to obtain a listingof any housing for sale, rental,
assignment, transfer or other disposition where such statement,
advertisement or other representation is false or materially
misleading, or where there is sufficient basis to judge its truth
or falsity to warrant making the statement, or to make any other
material misrepresentations in order to obtain such listing, sale,
removal from, lease, assignment, transfer or disposition
other
of
said housing;
q. To place a sign or display any other device either purporting to
offer for sale, lease, assignment, transfer or other disposition or
tending to lead to the belief that a bona fide offer is being made
to sell, lease, assign, transfer or otherwise dispose of any
housing that is not in fact available or offered for sale, lease,
assignment, transfer or other disposition.
(2) Unlawful housing practices - Financing
It shall be unlawful and a discriminatory housing practice for
any lending institution, as defined herein, to deny a loan or other
financial assistance to a person applying therefore for the purpose
of purchasing, constructing, improving, repairing or maintaining
housing, or to discriminate against such person in the fixing of
the amount, interest rate, duration, or other terms or conditions
of such loan or other financial assistance, because of the race,
color, ancestry, national origin, religion, sex, marital status,
familial status, handicap, or age of such person or of any person
associated with such person in connection with such loan or other
financial assistance or for purposes of such loan or other
assistance, or of the present or prospective owners, lessees,
tenants or occupants of the housing in relation to which such loan
or other financial assistance is to be made or given; provided,
that nothing contained in the subsection shall impair the scope or
effectiveness of the exceptions contained in Section 4 of this
ordinance.
(3) Unlawful housing practices - Brokerage Services
It shall be unlawful and a discriminatory housing practice to
deny any person access to or membership or participation in any
multiple listing service, organization, or facility related to the
business of selling or renting housing, or to discriminate against
such person in the terms or conditions of such access, membership
or participation because of race, color, ancestry, national origin,
religion, sex, marital status, familial status, handicap, or age.
(4) Nothing in Section 4 hereof shall be construed to require
any person renting or selling a dwelling to modify, alter, or
adjust the dwelling in order to provide physical accessibility
except as otherwise required by law.
SECTION 4. EXEMPTIONS AND EXCEPTIONS.
(1) Nothing contained in Section 3 hereof shall prohibit a
religious organization, association, or society, or any nonprofit
charitable or educational institution or organization operated,
supervised or controlled by, or in conjunction with, a religious
organization, association, or society, from limiting or from
advertising the sale, rental or occupancy of housing which it owns
or operates for other than a commercial purpose to persons of the
same religion, or from giving preference to such persons. Nor
shall anything in this ordinance prohibit a private club not in
fact open to the public, which as an incident to its primary
purpose or purposes provides lodging which it owns or operates for
other than a commercial purpose, from limiting the rental or
occupancy of such lodging to its members or from giving preference
to its members.
(2) Nothing in Section 3 hereof, other than subsection (g) of
subsection (1) thereof, shall apply to:
a. Any single-family house sold or rented by an owner; provided
that such private individual owner does not own more than three
such single-family houses at any one time; provided further that in
the case of the sale of any such single-family house by a private
individual owner not residing in such house at the time of such
sale or who was not the most recent resident of such house prior to
such sale, the exemption granted by this subsection shall apply
only with respect to such sale within any twenty-four month period;
provided further that such bona fide private individual owner does
not own any interest in, nor is there owned or reserved on such
owner's behalf, under any express or voluntary agreement, title, to
or any rights to all or a portion of the proceeds from the sale or
rental of, more than three such single-family houses at any one
time, provided further that the owner sells or rents such housing:
(1) without the use in any manner of the sales or rental facilities
or the sales or rental services of any real estate broker, agent,
or salesperson, or of such'facilities or services of any person in
the business of selling or-"renting housing, or of any employee or
agency of any such broker, agent, salesperson, or person, and (2)
thout the publication, posting or mailing, after notice, of any
6
advertisement or written notice in violation of subsubsection (g)
of subsection (1) of Section 3 hereof, but nothing in this
provision shall prohibit the use of attorneys, escrow agents,
abstractors, title companies, and other such professional
assistance as necessary to perfect.or transfer the title; or
b. rooms or units containing living quarters occupied or intended
to be occupied by no more than four families living independently
of each other,if' the owner actually maintains and occupies one of
such living quarters as such owner's residence, provided that the
owner sells or rents such rooms or units: (1) without the use in
any manner of the sales or rental facilities or the sales or rental
services of any real estate broker, agent or salesperson, or of
such facilities or services of any person in business of selling or
renting housing, or of any employee or agency of any such broker,
agent salesperson, or person, and (2) without the publication,
posting or mailing, after notice, of any advertisement or written
notice in violation of subsubsection (g) of subsection of
(1)
Section3 hereof, but nothing in this proviso shall prohibit the
use of attorneys, escrow agents, abstractors, title companies, and
other such pro~essional assistance as necessary to perfect or
transfer the title. For the purpose of this subsection (2), a
person shall be deemed to be in the business of selling or renting
housing if: (1) he. has, within the preceding twelve months,
participated as principal, other than in the sale of his own
personal residence, in providing sales or rental facilities or
sales or rental services in three or more transactions involving
the sale or rental of any housing or any interest therein: or (2)
he has, within the preceding twelve months, participated a~ agent,
other than in the sale of his own personal residence, in providing
sales or rental facilities or sales rental services
or
in
two
or
more transactions involving the sale or rental of any housing or
any interest therein; or (3) he is the owner of any housing
designed or intended for occupancy by, or occupied by, five or more
families.
(3) Nothing in Section 3 hereof shall be construed to:
a. bar any person from restricting sales, rentals, leases or
occupancy, or from giving preference, to persons of a given age for
bona fide housing intended solely for minors;
b. make it an unlawful act to require that a person have legal
capacity to enter into a contract or least;
c. bar any person from advertising or from refusing to sell or rent
any housing which is planned exclusively for, and occupied
exclusively by, individuals of one sex, to any individual of the
opposite sex; "'
d. bar any person from selling, renting, or advertising any housing
which is planned exclusively for, and occupied exclusively by,
unmarried individuals to unmarried individuals only;
e~ bar any person from advertising or from refusing to sell or rent
any housing which is planned exclusively for married couples
without children or from segregating families with children to
special units of housing;
f. bar any person from refusing to sell or rent any housing to
unmarried individuals cohabiting contrary to law;
g. bar any person from refusing a loan or other financial
assistance to any person whose life expectancy, according to
generally accepted mortality tables, is less than the ~erm for
which the loan is requested.
SECTION 5. ADMINISTRATOR - AUTHORITY AND RESPONSIBILITIES:
(1) City Council to Appoint.
The authority and responsibility for administering this
ordinance shall be vested in the City Council who shall appoint an
administrator.
(2) General Powers and Duties.
The administrator shall:
a. Receive written complaints as hereinafter provided in Section 6
relative to alleged unlawful acts under this ordinance when a
complainant seeks the administrator's good offices to conciliate;
b. Upon receiving a written complaint, make such investigations as ·
the administrator deems appropriate to ascertain facts and issues;
c. Utilize methods of persuasion, conciliation, and mediation or
information for adjustment of grievances;
d. Establish, administer or review programs at the request of the
City Council and make reports on such programs to the City Council;
e. Bring to the attention of the City Council items that may
require the City Council's notice or action to resolve;
f. Render to the City Council annual written reports of his
activities under the provisions of this ordinance along with such
comments and recommendations as he may choose to make;
g. Cooperate with and ~'ender technical assistance to federal,
state, local, and other public and private agencies, organizations,
and institutions which are formulating or carrying on programs to
prevent or eliminate the unlawful discriminatory
practices covered
by the provisions of th~'is ordinance.
(3) Determination~ of Probable Cause.
Whenever the administrator determines that there is probable
cause to believe that there has been a violation of the provisions
of this ordinance, but only after having fully processed the
complaint in which such violation is alleged in the manner
hereinafter provided, he shall refer the matter, along with the
facts he has gathered in his investigations, to the proper City,
State or Federal authorities for appropriate legal action.
(4) Promulgation of Forms and Regulations.
The administrator shall promulgate, publish and distribute the
necessary forms, rules, and regulations to implement the provisions
of this ordinance.
SECTION 6. COMPLAINTS
(1) A person who claims that another person has committed a
discriminatory housing practice against him may report that offense
to the administrator by filing an informal complaint within sixty
(60) days of the date of the alleged discriminatory housing
practice and not later.
(2) The administrator shall treat a complaint referred by the
Secretary of Housing and Urban Development or the Attorney General
of the United States under the Fair Housing Act of 1968, Public Law
90-284, as an informal complaint filed under subsection (1).
(3) An informal complaint must be in writing, verified or
affirmed, on a form to be supplied by the administrator and shall
contain the following:
a. identity and address of the offending party;
b. date of the offense and date of filing the informal complaint;
c. general statements of facts of the offense including the basis
of the discrimination (race, color, ancestry, national origin,
religion, sex, marital status, familial status, handicap, or age);
d. name and signature of the complainant.
(4) Each complaint shall be held in confidence by the
administrator unless and until the complainant and the offending
party(ies) consent in writing that it shall be public.
(5) Within fifteen (15) days after the filing of the informal
complaint, the administrator shall transmit a copy of the same to
9
each respondent named therein by certified mail~ return receip~
requested. Thereupon, the respondent(s) may File. a written,
verified, informal answer to the informal complaint within twenty
(20) days of the date of receipt of the informal complaint.
(6) An informal complaint or answer may be amended at any
time, and the administrator shall furnish a copy of each amended
informal complaint or answer to the offending party(les) or
complainant, respectively, as promptly as practicable.
(7) The administrator shall assist complainants or offending
parties when necessary in the preparation and filing of informal
complaints or answers or any amendments thereto.
~ECTION 7. PROCESSIN~ COMPLAINTS
(1) Within thirty (30) days after the filing of an informal
complaint, the administrator shall make such investigations as he
deems appropriate to ascertain facts and issues. If the
administrator shall deem that there are reasonable grounds to
believe that a violation has occurred and can be resolved by
conciliation, he shall attempt to conciliate the matter by methods
of initial conference and persuasion with all interested parties
and such representatives as the parties may choose to assist them.
Conciliation conferences shall be informal and nothing said or done
in the course of the informal conference with the individuals to
resolve the dispute may be made public or used as evidence in a
subsequent proceeding by either party without the written consent
of both the complainant and the offending party(ies). The
administrator or any employee of the administrator who shall make
public any information in violation of this provision shall be
deemed guilty of a violation of a City ordinance and shall be
subject to penalty as set forth in Section 11 of this ordinance.
(2) If the parties desire to conciliate, the terms of the
conciliation shall be in writing in the form approved by the
administrator and must be signed and verified by the complainant
and the offending party(ies) and approved by the administrator.
The conciliation agreement is for conciliation purposes only and
does not constitute an admission by any party that the law has been
violated.
(3) If the administrator deems that there is not probable
cause to believe that a particular alleged discriminatory housing
practice has been committed, the administrator shall take no
further action with respect to the alleged offense.
(4) If the administrator, with respect to any matter which
involves a contravention of this ordinance: a. fails to conciliate
complaint after the parties in good faith have attempted such
10
/
iconciliation; or b. determines that the violation alleged in the
!complaint cannot be resolved by conciliation, he shall notify both
the complainant and the offending party(ies) within thirty (30)
days of the failure or the determination, and he shall proceed as
provided in Paragraph (3) of Section 5 hereinabove.
SECTION 8. ADDITIONAL REMEDIES.
The procedures prescribed by this ordinance do not constitute
an administrative prerequisite to another action or remedy
available under other law. Further, nothing in this ordinance
shall be deemed to modify, impair or otherwise affect any right or
remedy conferred by the Constitution or laws of the United States
or the State of Florida, and the provisions of this ordinance shall
be in addition to those provided by such other laws.
SECTION 9. EDUCATION AND PUBLIC INFORMATION.
The administrator may conduct educational and public
informational activities that are designed to promote the policy of
this ordinance.
SECTION 10. UNTRUTHFUL COMPLAINTS OR TESTIMONY.
It shall be a violation of this ordinance for any person
knowingly and willfully to make false or untrue statements,
accusations or allegations in a complaint filed hereunder or to
give false testimony concerning violations of this ordinance.
SECTION 11. PENALTY.
Any person who violates any provisions of this ordinance shall
be subject, upon conviction, to a fine up to but not exceeding the
sum of Five Hundred Dollars ($500.00), or imprisonment for a term
not exceeding six (6) months, or by both such fine and
imprisonment.
SECTION 12. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held illegal, invalid or
unconstitutional by the decision of any court or regulatory body of
competent jurisdiction,, such decisions shall not affect the
validity of the remaining portions hereof. The Commission hereby
declares that it would have'passed this ordinance and each section,
subsection, sentence, clause and phrase hereof, irrespective of the
fact that any one of more sections, subsections, sentences, clauses
or phrases be declared illegal, invalid or unconstitutional,
all ordinances and parts of ordinances in conflict with
provisions of this Ordinance are hereby repealed.
and
the
SECTION 13. CONFLICT. Ail Ordinances or parts thereof in
conflict herewith are, to the extent of such conflict, superseded
and repealed.
SECTION 14. EFFECTIVE DATE.
immediately upon its adoption.
This Ordinance shall take effect
The foregoing Ordinance was moved for adoption by ~
Councilmember The motion was seconded by
Councilmember and, upon being put to a vote, the
vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1995.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
Arthur L. f~rtion,
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Clifford A. McClelland, Jr.
City Attorney
12
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, FEBRUARY 8, 1995 - 6:30 P.M.
CiTY COUNCIL CHAM~ERS
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.
No public input shall be allowed at a special meeting, other than during a scheduled public
hearing, if any, unless otherwise provided in the meeting call. (R-93-19)
i PURPOSE: Chang~ Order #$ - Indian.River County Contract
for Rxverfront Water Project
1. Mayor Firtion called the Special Meeting to order at
6:30 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL:
city Council
Staff Present:
Present:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Mr. Frank Oberbeck
City Manager, Joel L. Koford
City Clerk, Kathryn M. O'Halloran
city Attorney, Clifton A. McClelland,
Deputy City Clerk, Sally Maio
Jr.
Special City Council Meeting
February 8, 1995
Page Two ~ ~'
95.011 A.
A_RRr_gY_~~ Order FO. ~ ~nd~_~AD_R River ~
Co t_Q_~ w~h S_S_S_~ ConstructioD ~ iv r~
Water Pro~ectCJ_q~_~Transmitt~~ ~ted
7~ De!anev Letter dated 2/6/95. Chan~e Orde~
3_1
The City Manager briefly explained the change order
for the contract between Indian River County and
Speegle Construction, which reduces the cost to the
City of Sebastian for the Riverfront Water Project to
$577,120.00; and advised that there may be future
change orders as the project proceeds.
MOTION by Oberbeck/Damp ·
I move to approve change order no. 3 for Indian
River County contract for Riverfront Water Project
with Speegle and Co.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor ¥irtion - aye
MOTION CARRIED 5-0
Being no further business, Mayor Firtion adjourned
the Special Meeting at 6:38 p.m.
Approved at the
Meeting.
, 1995, City Council
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
ty Clerk
2
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCH
REGULAR MEETING
WEDNESDAY, FEBRUARY 8, 1995- 7:00 P.M.
CITY COUNCIL CHAMB~
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.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
Mayor Firtion called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
3. Invocation was given by Reverend Tom Kempf - Assembly
of God - Riverside Church.
4. ROLL CALL
City Council
Present:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Mr. Frank Oberbeck
Staff Present:
City Manager, Joel L. Koford
City Clerk, Kathryn M. O'Halloran
City Attorney, Clifton A. McClelland,
Director of Community Development,
Bruce Cooper
Deputy City Clerk, Sally Maio
Jr.
Regular City Council Meeting
February 8, 1995
Page Two
95.034
95.026
5. AGENDA MOD~FICATIQ~ ~DITIONS ~IOR DZLETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
None.
,PROCLAMATIONS ~/OR ANN, OUNCF~ENTS
Presen% t Qn of - of the
, 994
Mayor Firtion presented plaques to Employees of the
Quarter, Nancy Veidt and Anthony Clopein.
7. PUBLIC HEARING. ~ ~ION
None.
!~RODUC,TION OF N~W BU__U_S_INESS ~ ~ PUBLi~C (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
None.
9. ONSE T A_ NDA
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.
Approval of Minutes - 1/18/95 Special, 1/19/95
Special, 1/25/95 Regular, 2/1/95 Workshop
Be
RESOL..UTION NO. R-95-05 - Abolish National Voter
Registration Act - Motor Voter Bill (City Clerk
Transmittal dated 2/1/95, R-95-05)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, ENCOURAGING CONGRESS AND
STATE LEGISLATORS TO ACT TO ABOLISH THE NATIONAL
VOTER REGISTRATION ACT ("MOTOR-VOTER" BILL);
PROVIDING FOR AN EFFECTIVE DATE.
Regular City Council Meeting
February 8, 1995
Page Three
95.035/ C.
94.073
~ NO. R-9~-06 - Vickers Grove
Subdivision Preliminary Plat (Director of
Community Development Transmittal dated 2/1/95,
R-95-06)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY
SUBDIVISION PLAT FOR AN AREA KNOWN AS VICKERS
GROVE SUBDIVISION; PROVIDING CONDITIONS FOR SUCH
APPROVAL; PROVIDING AN EXPIRATION DATE; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE OF THE
RESOLUTION.
95.036/ D. Bid Award - Trash Hauling and Disposal -
94.295 Vegetation - Henry Fischer and Sons, Inc. C~tY$4.49
CY (Engineering/Public Works Transmittal dated
2/1/95, Bid Tabulation, Bid Documents)
95.037 E.
Carolyn Frey - Specimen Tree Removal Request -
One 26" Pine - Lot 25, Block 61, Sebastian
Highlands Unit 2 (Director of Community
Development Transmittal dated 1/19/95,
Application and Plot Plan)
The City Manager read the consent agenda.
The City Attorney read titles for Resolution Nos.
R-95-05 and R-95-06.
Vice Mayor Corum removed item C.
MOTION by Oberbeck/Freeland
I move to approve items A, B, D, and E.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Item C
Vice Mayor Corum inquired about the requirement for
sidewalks, to which the Director of Community
Development responded that he will review previous
approvals and the Code for sidewalk requirement
criteria.
Regular City Council Meeting
February 8, 1995
Page-Four
Discussion continued on the expansion of the
sandmining area resulting in removal of the multi-
family lots and some industrial; requirements for
recreational space and drainage; and utility connection.
MOTION by Corum/Oberbeck
I move approval of item C of the consent agenda.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
10.
11.
MOTION CARRIED 5-0
~R~SENTATIONS
None.
~ REPORTSJRECOMMENDATIONS
None.
12.
13.
OLD ~USINESS
None.
NEW BUSINESS
95.028
ORDINANCE NO. O-95-01 - Tree Protection (Director of
Community Development Transmittal dated 2/2/95, 0-95-
1st Reading, Set Public Hearing 2/22/95
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, BY DELETING THE EXISTING ARTICLE
IN ITS ENTIRETY; PROVIDING DEFINITIONS; PROVIDING FOR
THE APPOINTMENT OF AN ENVIRONMENTAL ADMINISTRATOR;.
REQUIRING PERMITS FOR REMOVAL OF CERTAIN TREES;
REQUIRING SITE PLANS; PROVIDING FOR PENALTIES;
ESTABLISHING REQUIREMENTS FOR PERMITS; ESTABLISHING
APPLICATION PROCEDURES; PROVIDING FOR CREDITS FOR
EXISTING TREES; ESTABLISHING CRITERIA FOR ISSUANCE OF
PERMITS; PROVIDING FOR FORMATION OF A TREE ADVISORY
BOARD; PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Regular city Council Meeting
February 8, 1995
Page Five ~
The City Attorney read Ordinance No. O-95-01 by title
only.
Ralph Gruye, 238 Cedar Street, Sebastian, objected to
clearcutting; Charles Stachel, 1698 Coral Reef
Street, Sebastian; urged that Council stop the
eradication of pines.
City Council discussion followed. Vice Mayor Corum
suggested 1) listing specific quercus family
members in definitions under "Scrub Quercus Oak";
TAPE I - SIDE Ii (7:38 p.m.)
2) amending language relative to measurement of
quercus "four inch diameter at ground level or at
base of tree"; 3) including language in 20A-14.6(A) to
require replacement trees on an inch by inch basis or
50% of size and a fee; 4) imposing specific penalties
in this ordinance for violations, to which the City
Attorney responded that cities are restricted in
imposing penalties to up to $500 and 6 months jail
time, language that currently exists in Section 1-10
and the City Manager responded that he is proposing
an ordinance to establish an Administrative Hearing
Board.
Vice Mayor Corum suggested 5) strengthening language
in Section 20A-14.12(4) relative to replacement
trees, and; 6) correcting the spelling of "Melaleuca"
in the definition of "Prohibited or Undesirable
Exotic Tree" (D).
Mrs. Damp inquired about several changes added to the
ordinance subsequent to the workshop and staff
responded as to the basis for each amendment.
MOTION by Oberbeck/Freeland
I'm going to move for the approval of Ordinance
No. O-95-01 first reading and schedule public hearing
for February 22, 1995.
Vice Mayor Corum inquired whether the motion includes
changes discussed at this meeting.
5
Regular City Council Meeting
February 8, 1995
Page Six
The City Attorney ~tated that he will come back with
corrections and reiterated the changes as follows:
define oaks, revise language relative to measurement
of oaks, strengthen language on tree removal; clarify
language on replacement trees, correct spelling of
Melaleuca, and reference to protected trees.
95.028
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
Mayor Firtion called recess at 8:15 p.m. and
reoonvened the meeting at 8:24 p.m.
B. ORDINANCE NO. O-95~02 - Landscaping (Director of I
Community Development Transmittal dated 2/2/95, 0-95-02
1st Reading, Set P~blic Hearing 2/22/95 I
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE XIII OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING
TO LANDSCAPE REGULATIONS, BY DELETING PORTIONS OF
SEC. 20A-13.2; PROVIDING FOR THE REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-95-02 by title
only.
MOTION by Oberbeck/Freeland
I move for the approval of Ordinance No. 0-95-02
on first reading and schedule the public hearing for
February 22, 1995.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Regular City Council Meeting
February 8, 1995
Page Seven
14. CITY COUNCIL HATTERS
A. Mr. R~bert Free~and
None.
B. ~r. Frank 0berbeck
Mr. Oberbeck commended Vice Mayor Corum and the City
Manager for their efforts to save the 66 acres behind
City Hall and the County Commission for their
decision on purchase of the individual scrub lots;
and urged extension of Gibson Street.
C. Mayor ~~
Mayor Firtion said, for the record, his efforts
with Brian Toland and the County Commission assisted
in reducing the individual lots to 160 and the final
purchase decision.
D. Vice-Mayor Carolyn Corum
Vice Mayor Corum read from a survey as to what people
look for when they shop for a home.
TAPE II - SIDE I (8:30 p.m.)
Vice Mayor Corum continued relative to the survey, and
compared the Vero Beach Merrill Barber Bridge demise
to the City's Riverfront District.
E. Mrs. Norma ~
Mrs. Damp reported scrub jays have been sighted in
Fresno, california.
15. CITY ~TORNEY MATTERS
None.
16. CITY MANAGER .MATTERS
None.
17.
Being no further business, Mayor Firtion adjourned
the Regular Meeting 8:35 p.m.
7
Regular City Council Meeting
February 8, 1995
Page Eight ~
Approved at the
, 1995, City Council
Meeting.
Arthur L. Ffrtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
8
City of Sebastian
1225 MAIN STREET ~3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:
Resolution No. R-95-07
Vickers Grove Sandmining
Special Use Permit
APPROVED FOR SUBMITTAL BY:
City Manager: ~
AGENDA FORM
) Agenda No.
)
) Dept. Origin
)
) Date Submitted ~
)
) For Agenda Of 2/22/95
)
) Exhibits: R-95-07
.C ommu D~y Deve 1______~o
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STAT£M~NTT
At its Regular Meeting of March 16, 1994, the City Council
approved the City Attorney to draft a resolution for the approval
of Vickers Grove sandmining expansion.
At its Regular Meeting of July 6, 1994, the City Council
authorized Mr. Torpy to work with the applicant's attorney to
amend subsection 2A of Resolution No. R-94-25 and bring the
resolution back to City Council for approval.
Unfortunately, Mr. Torpy never finished this item prior to the
hiring of a new City Attorney. City Attorney, Mr. McClelland has
reviewed all documents and revised the resolution. The
resolution number has been revised to reflect adoption in 1995.
RECO~ENDED ACTION
Move to adopt Resolution'No. 'R-95-07.
soil materials f~ a.~rac~ of land ~he Applicant owns located in I
V. Ae C!~:y o~ Sabaa~ian, and
WH~RZAH, at its regular needing on February 3, 1994,
Planning and Zoning Commission recommended approval of
), ~.E~OLUTZO~' oJ' THE CZTY 03' ~EBAfTZAN, Zj~DZAlr ~ll
~~P 3~ SO~, ~GB 39 ~T, C~ OF 8RWT~,
~BOL~IONB ~ ~LI~ ~~; ~DING A
B~~ILITY C~Ue~; ~ ~~G FOR ~ E7~~ ~.
Henry A. · FisCher and Sons, Inc., a Florida
i corporation, {~he "Applicant") has applied for ~he issuance of a
I a =fac= of land it owns 1CCd=ed in =he City of Sebastian, Indian
River County, Florida: and
J W~EKEAS, the Applicant has par~icipated in various pre-
applied=ion discussions wi~h appropriate m~=bers of ~he Ci=y scarf;
and
W]I~P~AB, ~he Applicant h~e obtained a permit from TJ=e S~.
Johns RAver Wa~er Management District tO operate ~e mane as
re~es~ed in hi~ application~ and
WI~REA~, ~he City staff has determined ~hat the Applican='s
applica=ion for a special use permit should be approved
I certain conditions~ and
W~EP. EAS, ~he Planning and Zoning Commission conducted a public
I hearing and received publi~ input on the Applican='s application
for '~',e gran=ing of a special use permi= for =he mining of sand and
· o£1 mat, oriels from & tract of ~and ~he App~c~n~ ~s ~oca~ed ~n i
I
Plying ~ Zoning C~msion reco~md approval of ~e
the mi=~ng of san~ and soil nat:er£als from · trac'C o~ land the
!
Appltcan~ o~m lo--ted ln'~ Ct~7 of S~baeti~,- ~nd
and commen~i
staff; and
~h& Ct~y Council has considered the recommendations
of =he Plann£ng ~nd Zoning' Commission and ~he city
w~ms, -.he c£~ycouncll Ass conduc=ed a publlc hearing al=er ·
I
co~pli&nce vi~h ~e prov~iio~i of Sec~o~ 20A-2.6 D of ~he Le~d
Develop~nC Code of ~e City of S~ao=ian to afford ~e input of I
I
WKZ~, the City Council hei detsrmined~h&~ ~he gran~£ng of
special use perml~ =o ~eApplicant will not be de=rimental to
the public safe=y, health or welfare or be injurious to o~her I
properties or i~provementl within the immediate vicinity in which
the Appllcan='s prope~y
permi~ is located; and
w~m~, the City
~hat is ~he eubjec~ of ~he special use i
Counsel hai de~ermined that =he usa i
requested ~y 'the Applicant, She mining of In.~l and soil ma~erials,
is consisten~ with =he purpose and intent of the zoning district
use permit, is Zoca'~ed and is similar in na~:ura and
ses allowed
~o
~e
~e issuance of a special use pe~ ~d
_
for
mining
--
· oil ~terial~ s~==~ by H~ A. Fisher & So~, Znc., a FlorLda
co.oration, iS ~~', for ~o real prOpl~y it o~l located
_
Indian
co~=y, Florida, being more pa~i~larly describ~ as follo~:
A parcel of l~d ly~g ~n Se~on ~V, ~sh~p
39 Ess=, be~ more p~i~arly descried as follows:
~g}~ing a~ ~e Sou~wls~ co~r of said Sec~to~
No~ 89 3S~ 01" East, 2645.51 feet to a poin~ of ~a=ure cz a
~e ooncav~ Sou~westerly, ~ving a radius of 260. O0 fee= ~ough
which a radLal line ~ars No~ 75' 05~ 14" Eas=~
No~wee=erly 342.77 fee= along ~e arc of .said ~e =~ough
o~n=ral angle of 75' 30' 13"~ ~ca Sou~ 89 ~5' 01"
feet; ~ce No~ 00' 24' 59" Wes=, 60.00 fee= to
Begi~ing. From ~e Pein= of ~gi~g ~ South 89~
186.53 feet; ~hence No~ 21' 48~ 43" Wes=, 1483.14 a
of ~a=u~e of a cu~e concave Sou~aa.=erly havin~ a radius
80.00 fee=, ~ence ~ No,easterly 125.66 fee= alon~
11t 17" Ess=, 170.00 feet~ ~ence Sou~21' 48' 43" East, 1435.00
feet to a point of ~a=~e con,ye Westerly, ~ving a radius of
3?0.00 feet; th~ce ~ Sou~erly 1~8.17 feet along ~e arc of said
~e ~rough a c~=ral ~gle of 21' 23t 44": ~ence
5~" Ess=, 50.53 feeC ~ a poinC of ~e=~e of a ~e concave
No~wea=erly, having a radi~s of 25.00 feet; ~ce ~ $ou~erly
~9.27 feeC along ~e arc of aai~ ~e, ~ougb a cen~ral.~gle of
90' 00' 00" ~ ~e ~oinC of
AND ALSO
A ~arcel of land lying in Sec=ion 17, Township 31 Sou~h, l~ange
39 ~as:, Indi~ River Co~, Flori~, Be~ more pa~i~arly
Begl~in~ a~ ~ Sou~as~ co~ of said Section ~, ~
OF ~2~NG. ~ ~e P.O.B., ~ ~o~ 00' 09~ 07~ ~ae~, 250.00
~ee~ ~o a po~n~ of ~a~e concave No~eae~2~ ~v~g a ~ad~
o~ 50,00 ~ei~ ~o~gh vh~ a ~A~a2 ~e ~i No~ ag'. 35, 0~'
Eas~: ~ce ~ ~as~ar~y 79.04 feeC along ~e ~c of sa~d ~e
~rcugh a c~ra~ angle of oo' 34t 06fi; ~e NO~ 89" 3S*
].~as~:, '245.02 feet 1:o a pgint on a non-radial cuz~e, c~ncave B
Sou~eas~erly, hav~q a radius of ~0.00 ~ae~ and ~ouqh which a
radial line b~m No~ 00' 24o ~9~ We~; ~oe ~ Sou~wes~erly
91.09 foe~ ~ong ~e arc of said ~a ~ugh a c~al angle of m
$7' S9t 26"; ~oe Sou~ 31' 3~' 3~" Wes~, 191.88 fee~ ~ce
I
SOU~ 89' 35' 01~ West, 619.52 fee~ ~o ~e POI~ OF ~GI~G.
.All. the above situate in Indian River County, Florida and ~
con=alnxng 12.3 acres, more or less.
A parcel of land lying in Section 17, Township 31 South, Range
39 ~as~, Indian River county, Florida, being more par~icularly
described as ~ollows: I
Beginning at tho Southwest corner of said Section 17, run
Norl~h 89' 35' 01# ~.ast, 112.00 feet; thedlce NoL-~/% 00' 09' 07# East,
50.00 feet ~0 ~he POINT OF BEGINNING. From %he Point of Beginning,
continue North 00' 09' 07" East, 1775.55 fee=; ~hence South 89' 35'
01" West, 361.39 feet to a po/~l= of ~tL~va=thTe concave Sou%hwes=erly
having a radius of 80.00 feet; thence run Southerly 124.87 fee=
along the arc of said cur~e through a central angle of 89'
thence South 00' 09~ 07# West, 1689.2S feet~ thence South 89' 35!
01" Wes=, 442.00 fee= =o the Point of Beginning.
Ail ~he above si=ua~e in Indian River County, Florida and
containing 17.9 acres, more or less.
· ECTION 2. CONDITION~ OF A~~ AND CONTI~U&TION OF THE
SPECIAL USE PERMIT. The approval of =he cloy council of r. he
application of Henry A. Fischer & Sons, Inc. for =he special use
permit that is the subject matter of this Ra~olution is expressly
4
cond£t£oned on =he con~£nuous sa~isfac=~on of, and compliance
=he following requirements by Henry A. Fischer & Sons, Inc.
A. Compliance with =he provisions of all applicable federal
I and Florida statutes, rules end ?egula=ions, county ordinances
and the ordinances and re~olut~ons of the City of
includi~g, but not by way of limits=ion, Sections 20A-S. 19 ~nd
i 20A-5.37, inclusive, of the Land Development Code.
B. The providing of compliance and res=ora=ion bonds for the
operation cont~mpl, ated in the revised plans of ~he Applicant
i City of Sebas~ian in a form, an for such
payable
~0
amounts, acceptable =o ~ha City, in accordance with
provisions of Section 20A-$. 30 (e) of ~he Land Development
I Code.
C. The providing of Type A or natural landscaping
I buffer/screening in accordance with the Land Development Coda.
D. The revision ,of the plans initially proposed by the
Applican=provlded lninsectio~a form 20A~a~-5.29substance acceptable to the City as
I of the Land Development Code.
E. The revision of the plans initially proposed by the
Applicant
project i$~0 a form and substance which indicate th&t the
be c~nducted in ~wo phases in compliance
20A-5.~0(c) (1) of ~e ~d ~v~opm~= Code.
F. ~e operation of ~e sand mining pro~e~ on
s~all o~y oc~r be=ween ~e hours of 7:00 A.M. ~d ~00 P.M.,
bu~ su~ Set,day operations shall ~ediately cease Lf a= ~y
pass,ge
City
co~=il,
· n ~=s $o~e a~scret~on, datelines ~at Satu~ay
constitute a nulsancs =o ~e neig~orhood (
prope~ies).
~ 3. O0~LICT, Ail Resolutions or parts thereof in
conflict herewith are, to the ex~ent of suc~ conflic~, superseded
and repealed.
~4. BEFE~-~BXLIT~. In ~he even= a cour~ of competent
jurisdiction shall hold or dete~ine ~a= ~y pa~ of ~is
Resolution ls invalid or .~cons~i~u~ional, ~e r~tnder of ~e
City Co,oil of ~e City of Sebas=i~ did no= in=end =o e~ct such
invalid or unconstitutional provision. It shall further be assumed
T. hat =he City Council would have enacted ~he remain~er of =hie I
Resolution wi=hour ~aid Invalid and'unconstitutional provision,
·.hereby causing said r~mainder ~o r~ ~ ~11 for~ ~
effec=.~l Resolutions or ~a~ ~ereof ~ conflict herewi~ are,
izmediately upon i~$ adoption. ~
The foregoing Resolu~ion was moved for adoption by
Counc£1~e~ber
by CoUncilmember
into a vote, the vote was aS follows:
The notion was seconded
. and, upon being put
Mayor Arthur L. Fir~ion
vice Mayor Carolyn Corum
Councilnember Norma =. Damp
Council~amber Robe~'~ Frill&nd
Councilmember Francis J. Obarbeck
The Mayor ~hereupon declared ~his Resolution duly passed and
· i
I
i
adopted t/lis _.____day of
ATTEST:
(Seal)
Approved as to Form and Con=ant:
Cli~=on A' Mc¢lel~and, Jr~
ty A~torney
, 1995.
CiTY OF SEBASTIAN, FLORIDA
By: ..........
Ar~ L. ~lr~on, Ma~or
City of Sebastian
1225 MAiN STREET D SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
SUBJECT: RESOLUTION R-95-08
REGARDING SPECIAL USE PERMIT
FOR A MULCH FACILITY
Approval for Submittal By:
City Manager
) Dept. Origin: ..Community Development
Date Submitted:
For Agenda Of:
Exhibits:
1. R-95-08
2117195
2/22/95 ....
EXPEND I TURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
I SUMMARY STATEMENT
On June 24th, 1994, the 19th Judicial Circuit Court directed the City of
I Sebastian to issue a special use permit for Mr. Fey and Mr. Gilliams to
operate a mulch facility with certain conditions. The proposed
resolution indicates all conditions prior to the operation of this mulch
facility.
RECONMENDED ACTION
Move to approve our Resolution R-95-08.
RESOLUTION NO. 95-08
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT TO RICHARD
FEY, L.I. TREE SERVICE, INC. AND DAHIEN GILLIAMS ON
APPROXIMATELY 11 ACRES OF L]tND; ESTABLISHING CONDITIONS
FOR THE PERMIT~ PROVIDING FOR SEVERABILITY~ PROVIDING FOR
REPEAL OFRESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS~
AND PROVIDING FOR ANEFFECTiVE DATE.
WHEREAS, Richard Fey, L. I. Tree Service, Inc. and Damien
Gilliams have made application for a special use permit to
construct and operate a recycling and mulch facility; and
WHEREAS, the City Council conducted a public hearing on
September 22, 1993 and October 13, 1993, and denied such permit;
and
WHEREAS, a civil action was filed in Circuit Case Number 93-
0621-CA-20 for the Nineteenth Judicial Circuit in and for Indian
River County, Florida; and
WHEREAS, the Circuit Court entered a decision on June 24,
1994, directing the City to issue a special use permit to the
applicants with certain conditions attached.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. FINDINGS OF FACT. The City Council, incorporates
the recitals contained herein and incorporates such recitals by
reference.
SECTION 2. APPROVAL:~ The city of Sebastian hereby approves
a special use permit for Richard Fey, L. I. Tree Service, Inc. and
Damien Gilliams to operate a tree recycling and mulch facility on
approximately 11.07 acres of land which is represented on the U~
Resource Group drawing, entitled L. I. Tree Service, Land Clearing
Debris Recycling dated the 31st day of August, 1993, on Job Number
3D179, as revised on October 6, 1993. The land is located in an
industrial district and the subject property address is Old Dixie
Highway. The permit is for a period of five (5) years commencing
on the date of this Resolution and terminating five (5) years from
the date of the adoption of this Resolution.
SECTION 3_=. ADDITIONAL CONDITIONS: The landowner, in order to
conduct the special use as a tree recycling and mulch facility on
the property described in this Resolution, must comply with
conditions as follows:
(2)
Make the improvements required to Old Dixie Highway as
required by Indian River County or obtain a letter of no
objection from Indian River County to the use of Old
egress to
!
!
Dixie Highway for ingress and the subject
party.
a concrete or asphalt driveway and parking
Provide
facility. Ail other storage areas will be maintained
pursuant to proper dust control measures.
(3)
The size and height of piles of debris shall be no larger
than 75 x 125 feet at their base. The piles shall be
kept a minimum of 20 feet apart from each other. ~he
height of the piles shall be limited in a manner so that
no more than 10,000 cubic yards of processed material is
on site at any one time and no more than 30,'000 cubic
yards of debris is on site at any one time.
2
(4) The landowner will provide a performance bond sufficient
to provide for site restoration and clean up if the
landowner ceases operation of the special use. The
Community Development Director must approve of the bond
prior to the special use of the property.
(5) The wood grinder used by the landowner a
sh~ll
be
Diamond
2 wood grinder with patented safety shield, model number
PWG-1260 Cat 3408 (405 hp engine) or equivalent equipment
with safety and noise controls.
(6) The landowner must comply with all City and County noise
regulations.
(7) Regarding the house located on the landowner's property,
the landowner must provide a letter of no objection , or
appropriate permit from Indian River County with regard
to solid waste disposal requirements.
(8) There shall be no burning or sand mining of any kind on
(9)
the property.
The landowner shall grade the site as required.
The landowner shall provide emergency access on the west
(11)
side of the property.
The landowner agrees to fence the entire property.
The landowner shall provide a well, complete wit~ a
hydrant meeting fire department specifications, for fire
protection.
3
(!3)
The landowner shall limit the hours
of operation of the I
tree recycling and mulching facility to between 7:00 A.M.
and 7:00 P.M.
(14)
The landowner shall permit reasonable inspections by the
City to ensure compliance with the terms and conditions
of the special use permit.
(15)
(16)
For fire control and dust the landowner shall use an on-
site 1,200 gallon water tanker truck.
The landowner shall hire a full time sales representative
to sell the by product which is produced along with the
marketable mulch.
(17)
(15)
The landowner shall not permit any "casual" access
through the emergency ingress and egress to the property.
The landowner shall establish a 50 foot buffer zone along
the west property line. Within the 50 foot buffer zone,
the landowner shall install and maintain at least 30 feet
(19)
of landscaping.
The landowner shall comply with all development
requirements contained within the Code of Ordinances and I
(20)
Land Development
applicable state and federal regulations.
The landowner shall submit and obtain approval of a site
plan consistent with the requirements set forth in this
Resolution. The site plan will be submitted to the City
for approval in-.accordance with the applicable code
requirements.
Code of the City of Sebastian, and I
~~ SEVERABILITY: If any section or part of a section
of this Resolution is declared invalid or unconstitutional, the
validity, force and effect of any 'o~her section or part of a
section of this Resolution shall not ~hereby be affected or
impaired unless it clearly appears that such other section or part
of a section of this Resolution is wholly or necessarily dependent
upon the section or part of a section so held to be invalid or
unconstitutional.
SECTION 5. CONFLICTS: All Resolutions or parts thereof in
conflict herewith are, to the extent of such conflict, superseded
and repealed.
SECTION ~,~. EFFECTIVE DATE: This Resolution shall take effect
immediately upon its
adoption.
Resolution was
The foregoing
Councilmember
by Councilmember
into a vote, the vote was as follows:
moved for adoption by
The motion was seconded
and, upon being put
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. oberbeck
5
The Mayor thereupon declared tahis Resolution duly passed and
adopted this day of , 1995.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Fir~ion, Mayor
Kathryn M. 0'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
City of Sebastian
1225 MAIN STREET D SEBASTIAN, FLORIDA ;32958
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
REGARDING A SANDMINING OPERATION )
ON OLD DIXIE HIGHWAY ) Dept. Origin: Community Development
Approval for Submittal By:
City Manager
)
)
) Date Submitted:L ~/~7/95
)
) For Agenda Of:
)
) Exhibits:
)
) 1. R-95-09
)
)
)
2/2~J95
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of January 25th, 1995, the City Council approve6
and directed the city attorney to draft a resolution approving
sandmining special use permit for Mr. Richard Fey.
Resolution R-95-09 indicates all conditions of the approval prior to an~
sandmining operation being activated.
RECO__M~ENDED ACTION
Move to approve our Resolut..ion R-95-09.
RESOLUTION NO. 95-09
A RESOLUTION OF TKE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT ANDMINING
PERMIT TO RICHARD FEY FOR SAND MINING ON APPROXIMATELY 11
ACRES OF LAND; FINDING THE USE IS NOT DETRIMENTAL TO THE
PUBLIC SAFETY, HEALTH ANDWELFAR~AND IS CONSISTENT WITH
THE PURPOSE AND INTENT OF THE INDUSTRIAL DISTRICT;
FURNISHING CONDITIONS; PROVIDING ANEXCEPTION TO THE 150
FOOT SET BACK; MODIFYING CONDITION NUMBER EIGHT IN THE
TREE RECYCLINGANDMULCHINGRESOLUTION ON TH~PROPERT¥ BY
DELETING THE PROHIBITION ON SAND MINING; PROVIDING FOR
SEFERABILITY~ PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Richard Fey had made application for a special use
permit to construct and operate a sand mining facility; and
WHEREAS, the Planning & Zoning commission held a public
hearing on December 15, 1994, on such special use permit and mining
permit recommended approval of the special use permit and mining
permit; and
WHEREAS, the City Council of the City of Sebastian, Florida
has fully considered the permit application and the evidence
presented on the application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION .1. FINDINGS OF FACT. The City Council, after
considering the evidence presented at the hearing, finds as
follows:
(1) Granting a special use permit will not be detrimental to
the public safety, health or welfare, or be injurious to
other property improvements within the immediate vicinity
(2)
of which the property is located for a period of one (1)
year from the date of this resolution; and
The use requested is consistent with the purpose and
intent of the respective industrial district, can be
demonstrated to be similar in nature and compatible with
the uses allowed in such district for a period of one (1)
year from the date of this Resolution.
~ ~. APPROVAL: The City of Sebastian hereby approves
a special use permit and mining permit for Richard Fey to operate
a sand mining use on approximate 11.07 acres of land as described
on the attached legal description and numbered as Exhibit "1." The
land is located within an industrial district and the subject
property address is Old Dixie Highway.
year period commencing on the date
terminating one (1) year from the
Resolution.
The permit is for a one (1)
of this Resolution and
date of adoption of this
SECTION 3. ENGINEERING DRAWINGS: Drawings with sheets one
through five (Engineering Drawings) prepared by R. Wayne Westerman,
Jr., P.E., dated August, 1994, Project Number 48-9402, were filed
with the City for the mining permit. The City of Sebastian under
Section 20A'5.30 hereby approves the permit application as follows:
Mining Plan:
(1) Plan review and cross-sections: Plans as shown on pages
1 and 2 and cross-sections as shown on pages 3, 4 and 5
of the Engineering Drawings.
Amount of fill to be removed:
2
37,978 cubic yards.
(3) Time table of mining activity: One (1) year.
(4) Me~hod of mining: Front end loaders and backhoes. No
crushing, mixing plant or bins shall be used at the site.
No hard rock mining shall be done unless specifically
approved by the City of Sebastian.
(5) Hours of operation: The hours of mining operation shall
be limited to 7:00 A.M. until 5:00 P.M., on Monday
through Friday and 9:00 A.M. until 4:00 P.M. on Saturday.
No operations shall be conducted on Sunday.
(6)
Safety and security plan: The landowner shall submit a
written safety and security plan to the Community
Development Director for his approval prior to
commencement of the sand mining operation.
Restoration plan:
The Engineering Drawings included a restoration plan on
page 2 which shows the finished grade and the future land
use as a small mulching operation. The landowner shall
complete the restoration plan for the finished grade
prior to the expiration of this permit.
SECTION ~. ADDITIONAL CONDITIONS: The landowner, in order to
conduct the special use of sand mining on the property described in
this Resolution and obtain the mining permit must comply with
conditions as follows:
(i) The landowner shall provide and maintain screening from
the sand mining operation to adjacent residential
properties in accordance with Section 20A-5.30(c) (5) of
the Land Development i Code. The landowner shall
reestablish the existing berm to prevent access. The
berm shall be $ foot high and 50 feet in length on the
west side of the proper~y as part
screening of adjacent properties.
(2)
of landowner's
The landowner shall deliver written authorization
permitting the sand mining operation on this property
from the U.S. Fish and Wildlife Services to the Co~unity
Development Director prior to the commencement of its
operation.
(3) No motor vehicle shall be allowed to enter or exit on
this property from Georgia Boulevard.
(4) The landowner shall not permit stockpiling of any sand
from the operation of this facility to exceed the highest
point (32 feet mean sea level) in the mining area shown
on the topographic survey (page 2 of the Engineering
(5)
Drawings).
The landowner shall use Dixie Highway as its access route
to the site. The landowner shall obtain approval from
(6)
Indian River County to have access to Old Dixie Highway
to conduct a sandmining operation.
The landowner shall provide a surety bond or a cashier's
check in the amount of $11,070.00 to the City of
Sebastian to ensure the compliance with the conditions of
this permit, and.an additional surety bond or cashier's
check in the amount of $5,630.00 to the City of Sebastian
for restoration of %he project area when the mining
operation terminates. The surety bonds or cashier's
checks shall be provided wi%h a memorandum of
understanding to the Director of Community Development
prior to the commencement of the sand mining operation.
(7) The landowner shall install permanent project boundary
corners, with intermediate stakes at a minimum interval
of three hundred (300) feet, and all limits of excavation
shall be staked,.marked and maintained with visible flags
in the field, in accordance with the Engineering
Drawings.
(8) The landowner shall submit, on or before October 1, 1995,
a written report in accordance with Section 20A-
5.30(d) (4) of the Land Development Code of the City of
Sebastian.
(9) The landowner in the operation of the sand mining
facility shall be bound by the conditions of this
Resolution and the Engineering Drawings as modified by
this Resolution.
SECTION 6. EXCEPTION: The City of Sebastian hereby grants an
exception to the 150 foot setback requirement under Section.20A-
5.03(c)(2) of the Land Development Code as the sand mining
operation will not lower the elevation of the ground below the
neighboring property.
s C~ 7. MODIFICATION OF SPECIAL USE CONDITIONS FOR
MULCHIN~:
The City of Sebastian hereby modifies condition number
5
8 in the Resolution approving a spec 1 use permit to
tree recycling and mulching facility on this property.
operate a
Condition
number 8 is modified to delete the prohibition against sand mining.
All other terms and conditions of condition number 8 shall remain
in full force and effect.
SECTION 8. SEVERABILiTY: If any section or part of a section
of this Resolution is declared invalid or unconstitutional, the
validity, force and effect of any other section or part of a
section of this Resolution shall not thereby be affected or
impaired unless it clearly appears that such other section or part
of a section of this Resolution is wholly or necessarily dependent
upon the section or part of a section so held to be invalid or
unconstitutional.
SECTION 9. CONFLICTS: All Resolutions or parts thereof in
conflict herewith are, to the extent of such conflict, superseded
and repealed.
SECTION 10. EFFECTIVE DATE: This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was
Councilmember
by Councilmember
into a vote, the vote was as follows:
moved for adoption by
. The motion was seconded
and, upon being put
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
6
The Mayor thereupon declared this Resolution duly passed a~d
adopted this
day of .. , 1995.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Fir~ion, Mayor
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
7
City of Sebastian
'1225 MAIN STREET r, SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT: Police Pension
Deficiency of 1993
Approval For Submittal By:
City Manager ~
AGENDA TRANSMITTAL
)
)
)
)
)
)
)
)
)
)
)
)
)
)
AGENDA NO.
Dept. Origin: Joel L. Koford,
City Manager
Date Submitted: 02/07195
For Agenda Of.' 02/22195
Exhibits:
- Memo dated 02/03/95 from Marilyn
Swichkow to Joel L. Koford With
Exhibits "A" & "B"Attached
R-95-10
I EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY
We have been notified by the Department of Managemem Services, Division of Retirement,
that the City of Sebastian owes an additional $22,212 plus interest to the Police Pension
Fund. We had previously paid $15,661 for a 1993 deficiency, and now we are paying for
a 1994 deficiency. However, this mount is due primarily to a change in actuarial
assumptions. The attached worksheet is from the former Finance Director and it indicates
that the correct mount is $23,988.96. We need to authorize the transfer of $23,988.96 from
the General Fund non-department, al reserve account 001-30-590-999 to the Police
Department budget line item 001-15-521-221 and authorize the expenditure of $23,988.96
to the Police Officers' Retirement System Trust Fund as directed by the State of Florida.
RECOMMENDATION
Approve Resolution No. R -9 5-10.
RESOLUTION NO.
SEBASTIAN, INDIAN RIVER
A RESOLUTION OF THE CITY OF
COUNTY, FLORIDA, AMENDING THE ANNUAL BUDGET OF THE CITY
OF SEBASTIAN, FLORIDA FOR THE FISCAL YEAR BEGINNING ·
OCTOBER 1, 1994, ~ ENDING SEPTEMBER $0, 1995,
.
AUTHORI=ING THE TRANSFER OF FUNDS FROM GENERAL RESERVES
NON-DEPARTMENT~. TO POLICE DEPARTMENT CHAPTER 185
R~TIR~m~T FUND, P~OVIDING FOR REP~-~U'. OF RE,SOLUTIONS O~ ·
PARTS O~ RESOLUTIONS =N CO~'~'.IC~ ,,EREWITH, P~OVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of ~he City of Sebastian approved
the annual budget for the City of Sebastian for the period
beginning October 1, 1994, and ending September 30, 1995 by
adoption of Resolution No. R-94-45 on September 21, 1994; and
WHEREAS, the State of Florida Department of Management
Services has determined that the City of Sebastian did not
transfer sufficient funds during the previous fiscal year to
satisfy the actuarial requirements; and
WHEREAS, the City of Sebastian has the legal obligation to
assure compliance with the annual fiscal requirements for funding
the Police Retirement System.
NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, as follows:
SECTION 1. TRANSFER OF FUNDS. The City Manager is hereby
authorized and directed to amend the budget for fiscal year 1994-
1995 by transferring the sum of $23,988.96 from General Reserves
Non-Departmental account 001-30-590-999 to the Police Department
Chapter 185 Retirement -"account 001-15-521-221 for subsequent
..,
payment to the Police Retirement System Trust Fund.
~ECTION 2. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 3. ~EFERABILIT¥. In the event a court of competent
jurisdiction shall hold or determine %hat 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.
$~CTION 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing
Councilmember
by Councilmember
vote, the vote was as follows:
Resolution was
moved for adoption by
. The motion was seconded
and, upon being put into a
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
Councilmember Frank Oberbeck
2
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1995.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Fir{~0n
MaYor
Kathryn M. 0'Halloran, CMC/AAE
City Clerk
(S AL)
Approved as to Form and Content:
~li~t°n A. McClelland, Jr.
City Attorney
SUBJECT: Greiner, Inc.
Approval For Submittal By:
City Manager (~
t
City of Sebastian
1225 MAiN STREET = SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 = FAX (407) 589-5570
AGENDA TRANSMITTAL
AGENDA NO. ~,-~ 0q /
Dept. Origin: CM
Joel L. Koford
Date Submitted: 02/06/95
For Agenda Off 02/2295
Exhibits:
-Greiner, inc., Supplemental
Agreement No. 1
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: N/A
BUDGETED: N/A
REQUIRED: N/A
SUMMARY
The attached supplemental agreement from Griener Engineering, Inc., is for the Runway
4-22 resuffacing project. This includes the Planning, Specifications and Construction
bidding phase. The total project costs for this phase is approximately $373,000 and the
consulting engineers cost estimates have been evaluated by an independent evaluator, as
required by the FAA.
RECOM3fENDATION
The Airport Manager recommends approval.
SUPP~iVIE~ AGP. E~NT NO. 1
(Supplement to the Master Profesaional Services Agreement
dated August 24, 1994)
~ SUPPLEIVIENTAL AGREElVIENT, made a~d entered into thi~ day of
.., 1994, by a~d between the CI'IT OF SE~'TIAN, operator of the Sebastian
MumiciPal Airport, located in Iudiam P, iw~ Coumty, a subdivision of the State of Florida,
hereitmA~ called the CITY, amd GREINER, iNC., a California corporation authorized to
do business in the State of Florida, with offices located in Orlando, Florida, hereinafter
called the ENGINEER.
Article I
~ Project Descfiotio~ I
The CITY hereby retains the ENGINEER to ~ programm~g a~d engineering
services for the production of Plans, Specificatiom and Construction Bidding Phase for [
the following development at the Sebastian Municipal AL'port:
1. Re-surface and Mark Runway 4-22 (4,000' x 75').
2. Sealcoat shoulders (8,000' x 375').
The above services are hereinafter called the PROJECT.
Set'rices by Engineer
Az~ide II
The consulting services that the ENGINEER shall fur~(sb to the CITY under this
Supplemental Agreement shall include:
A. Pro~ing Service~i
1. Pretmre Pro!ect .Application
1.1
After construction bids for the PROJECT have been secured, the
ENGINEER s~hall prepare a Project Application (FAA. Standard Form
424) and applicable attachments for review and approval by the
FAA/FDOT for the purpose of obtaining funding assistance for the
development of the PROJECT. (This item does not include updating
1 of 6
the airport's existing Exhibit "A" Property Map. Should updating
Exhibit "A" be considered necessary in order to comply with FAA
Grant requirements, this work w/ll be accomplished by future Letter
Agreement.)
2. Prepare..the_Cl3'Y'S Disadvantaged Business Ente~rises (DBE)~Plan
2.1
The ENGINEER shall prepare a DBE Plan to reflect the DBE
subcontract goals anticipated for the engineering and construction of
the PROJECT.
3. Prepare PROJE_CT Pre-Application
3.1
The ENGINEER shall prepare a Pre-Application for Federal funding
assistance for the PRO.IECr developmem items.
· ' B. Basic Service~
1. Preliminary Phase
1.1 Confer with and provide general consultation and advice to the CITY
with respect to project requirements, ~-nces, project budget,
schedules and other pertinent preliminary design requirements of the
PROiECT, including coordination with FAA~OT and other
concerned agencies on matters affect/rig the PROJECT.
I 12 Coordinate, as authorized by the CITY, engineering surveys,
investigative programs of pavement and base materials, softs and sub-
surface investigations and tests to be performed by the ENGINEER or
I consultants as be for the prel/mina~ design of
specify/
may
the PROJECT. This does not include actual conduct o£ the surveys or
tests.
i 1.3 Develop design sketches, pre~ layouts, schematics,
environmental and aesthetic com~iderations, project recommendations
and preliminary cost estimates.
Upon approval of the Prellmln.~y Phase by the CITY, the ENGINEER shE1:
2.1
Collect engineering data and undertake field investigation necessary to
design the PRO.,!ECT not included in the Preliminar7 Phase.
Provide general consultation and advice to the CITY with respect to
the final design of the PROJECT, including meetings and design
2 of 6 '~
2.3
2.4
conference to obtain izfformation and to coordinate or resolve
design matters.
2.5
Furnish plans, specifications, contract documents and detailed
construction cost estimates for award of a construction contract(s) as
coordinated with, reviewed by and approved by the CITY, the FAA
and the I:'DOT. A total of thirteen (13) sheets is estimated to be
required for the project.
2.6
Furnish an Engineering Report as required by the CITY, the FAA and
FDOT to descn'be and justify the proposed design of the PROJECT.
Assist the CITY in preparing technical support data for Federal and
State applications.
Furnish the CITY with five (5) sets of the final plans, specifications
and Contract Doc~ents for agency eoordk~tion and suitable for
advertising for construction bids.
3. Biddin~ Phase
3,1
Assist the CITY in obtaining proposals from construction contractors
for the construction of the PROJECT, review technical qualifications
of bidders, review and tabulate all proposals received by the CITY and
make recommendations to the CITY for the award of construction
contracts subject to the CITY'S investigation of the bidder's finandal
qual/ficatiom and to the concurrence of the CITY'S legal counsel.
.CITY'S RESPONSIBILITIES
ARTICLE III
The CITY'S responsibilities include the following:
1. Coordinate the CITY'S requirements for the PROJECT with the ENGINEER.
Provide copies of pertinent documents, reports, plans, specifications, photography,
standard forms and other similar data available to the CITY that are required by the
ENGINEER for the proper performance of his services.
Provide information and make.decisions as may be required to prosecute the work in
a timely manner.
Perform, or authorize the ENGINEER to arrange to have specialty consultants perform
all test borings, sub-surface investigations, testing of soft samples and en~neering
3 of 6
e
surveys as may be requi[ed by the ENGINEER for the proper performance of his
Reimburse the ENGINEER for the actual cost of legal advertisements and of printing
contract plans, specifications and contract doc-merits required for the securing of bids
for the PROJECT and for the use by conwactors, sub-contractors, testing laboratories
and others having need for such documents less any mount paid to the ENG~R
by prospective bidders or others for copies of th~s¢ documents. The above shall not
preclude the CITY from caus/ng such printing w be performed directly by the CIT~ or
other agendes.
Advertise for and accept proposals from bidders, revie~r the ENGINEER'S
recommendations on the technical qualificatiom of the bidders and/nve, sfigate the
bidders' financ-i~l and legal qualifications.
Review inst.u'ance documents submiued by Corm'actor(s) for conformance with the
construction contract documents.
COMPENSATION.AND PAYMENTS TO THE..E..NG~NEER
A. Payment for Prom'ammingServices
The CITY will pay the ENGINEER a lump sum of ONE THOUSAND, EIGHT
HUNDRED DOLLARS ($1,800.00) for the preparation of a Project Application for
Federal ass/stance in accordance with Article ILA.1.
The CITY will pay the ENGINEER a lump sum of FOUR THOUSAND, FIVE
~RED DOLLARS ($4,~00.00) for preparation of a D/.~advanmged Bus/ness
Enterprises (DBE) Plan in accordance with Article ILA.2.
The CITY will pay the ENG]2VEER a lump sum o£ TWO THOUSAND DOLLARS
($'2,000.00) for prepara:ion of a Projea Pre-Application for Federal funding
assistance in accordance w/th Article ILA.3.
B. Payment for Basic Services
The CITY will pay the ENGINEER a lump sum of FORTY THOUSAND, FORTY
DOLLARS ($40,040.00) for Engineering Services. (See attached Ma-hour
Breakdown - Exhibit "A"0
The CITY will pay the ENGINEER a 1,~mp sum amount of SIX THOUSAND,
NINE HUNDRED, SIXTY DOLLARS ($6~960.00) for Design Surveying Services
in accordance with Article I~4. (See attached F..x~bit "C".)
4of6 ~
The CiT~ will pay the ENGINEER ~ N0t-to-F..xceed amoum 6f SIX THOUS,~D,
THREE HUNI)KED DOLI.~ ($6~).00) for Design Testing Services
accordance with Article KI.4.
Compensation for these services ahall be billed by the ENGINEER and paid by the
CITY not more th~t~ once per momh in progress payments i~ proportio~ to services
performed.
No deduction shall be made from the ENGiNF~ER'$ compem~.tion on account of
pemlty, liquidated damages or other amount withheld ~om payment to the consumction
contractor(s).
In the event that ail or part of the PROffECT is not completed by the F2qG~ or
ff conditions of the PROjECT change during the performance of Basic Services, the
appropriate lump sum amount(s) set forth above shall be renegotiated by a mutually
agreed upon method.
C Total Payment - En~ineerin~ Services
The total paymem for Engineering Services descn'bed in Article IV.A., B. and C. above
is itemized as follows:
IV.A. Programming Services $ 8,300.00
IV.B. Basic Services $53,300.00
Total Payment-Engineering Services
$6L,600.00
D. Sub*Con_t~c!t..Administration Services
Under Article IV.C, the CITY will reimburse the ENGINEER for services and reimbursable
expenses of specialty consultants employed by the ENGINEER whose services are
authorized by the CITY under Article iIL4. ?aymem shall be made for the actual amount
invoiced to the ENGINEER plus a lump sum amount for handl~g, processing of the
subcontract and for contract a~tration.
E. Pa,vm.e. pt. Procedure
The ENGINEER shall submit monthly invoices for work performed as descrY'bed
in Article IV.A. through C. payable within th{try (30) d2,y~. The nmOll~lt invoiced
will be based on the progress of services performed.
The ENGINEER will submit invoices for work performed by specialty consul~ts
as descr/bed in Article IV.,E. when billed by the spec/airy consultant and sh~
attach copies to all statements as approved by the ENGINEER, payable within
t~rty (30) days.
5 of 6
The ENGINEER wil! 'maintain adequate records in acc?dance., with generally
recognized accounting practices and shall be available to}the ClX, the Federal
Aviation Administration and the Florid~ Department of Transpoi'tation for audi:
at the ENGINEER'S office.
After sixty (60) days from the date of the invoice, interest at the rate of one-and-
one-half percent (1.5%) per month of the outstanding unpaid amount will be
charged.
Any Professional Services initiated a/-ter November 1, 1995, will be subject to
renegodafion-
A~'ticle ¥
Disadv, an...~a~ed Business Enterprise Goals (DBF.~
The ENGINEER establishes the following sub-cons~tant partidpafion goah
included in this Agreement.
Disadvantaged Business Enterprise (DBE)-8~
for work
ArficleVI
Except as set forth above, all provisions and covenants of the Engineer's Basic Agreement
dated August 24, 1994, shall remain in full force and effect the same as incorporated herein
by reference.
IN W1TNESS WHEREOF, the parties hereto have made and executed thi_~ Agreement as
of the day and year first above written.
CITY OF SEB,a~'TIA~
By:
By:
Greg T. Smith, P.E.
(Vice President)
6 of 6
~O-ilSIT *A' /
SEBASTIAN MUNICIPAL A~RPORT
RE-SURFACE RUNWAY 4-22
FEE ESTIMATE AND MANHOUR BRF. AKDOWN o PROGRAMMING AND BASIC SERVICES
SCOPE: PROJECT DESCRIPTION TTEMS
A. Proarammina Servic~
1. Prepare Project Application - Lump Sum
2. Prepare DBE Plan - Lump Sum
3. Prepare Project Pre-Application
Total Programming Services Costs:
$1,800.00
4,500,00
1. Preliminary Phase
Scope/Pre-Design Meeting w/Sponsor,
FAA & FDOT
v'=rcs (2)
Prepare Sut:kConsultant (Design Survey
& Testing) Agreements
Contract Admin./Coordination
Subtotal (Preliminary Phase)
M~r.
4
Enclr.
4
8
4
24
Enq~
8
8
12
Tech.
2
Clerk
4
12
Cost Summary (Preliminary Phase)
Proj. Mgr. 12 hrs. @ $98.50/hr.
Sr. Engr. 24 hrs. @ $79~7/hr.
Engr. 44 hrs. @ $60.24/hr.
Technician 6 hrs. @ $49.66/hr.
Clerk 12 hrs. @ $;32.49/hr.
Subtotal (Preliminary Phase)
$1,182.00
1,902.48
2.650.56
297.96
389.83
$6,422.88
SAY:
2. Design Phase
Drawings
1) Cover Sheet (1)
2) Summary of QuantJties, Cost
Est., GeneraJ Notes (1)
3) Project Layout (1)
Proj.
Sr.
4
2
20
12
8
16
8
Qlerk
4
A-1
4) Safe~. Sequencing &
ConstnJction Phasing (1)
5) Geometry Plan (1)
6) Grading Plan/Prof'de (2)
7) R/W-T/W Intersections,
Ptans & Details (1)
8) Typica~ Sections &
Detaas (1)
9) Marking Plan (1)
10) Cross-sections (3)
· ·Survey Note Reduction
Proj. Actmin./Coordination
Prepare Engineer's Report
Specifications
Su~otal (Design Phase)
Cost Summary (Design Phase)
Proj. Mgr. 6 hrs. ~ $98.50/hr. =
Sr. Engr. 52 hrs. ~ $79.27/hr.
Engr. 226 hrs. @ $60.24/hr. =
Tech. 200 hrs. @ $49.66/hr.
Clerk 34 hrs. @ $32.49/hr.
SubtotaJ (Design Phase)
3. Bidding Phase
Bid Opening
Bid Tabulation
Bid Review & Awarcl Recommendation
Answer Questions Dudng Bidding
AclverrJsement
SubtotaJ (Bidding Phase)
Cost Summary (Bidding Phase)
Proj. Mgr. 2 hrs. @ $98.50/hr. =
Sr. Engr. 10 hrs. @ $79.27/hr. =
Engr. 24 hrs. @ $60.24/hr.
C~erk 10 hrs. ~ $32.49/hr.
Subtotal (Bidding Phase)
Proj.
Mgr.
Sr.
$ 591.00
4,122..04
13,614.24
9,932.00
1 104.66
Tec.h. .Clerk
4 4 24 16 4
- 4 12 12
- 8 32 40
197.00
792.70
,445.76
$ 2.760.36
8 24 32 -
6 24 20 2
2 12 12 -
2 8 24 -
4 12 -
4 16 - 4
2 16 - 8
52 226 200 34
SAY:
Si'.
Enclr. Enor.
8
4 4
4 4
10 24
SAY:
A-2
Tech. Clerk
2
2
2
- 4
10
$2,760.00
4. Out-Of-Pocl<et Expenses.
A. Printing
B. Telephone/Fax
C. Mileage. 1,040 mL @ $0.20/mL
D. Per Diem - 10 days @ $50/day
6O0
195
208
5OO
Total Out-Of-Pocket Expenses
1,503
5. Reid Investigation
1. Design Testing Services (see
Exhibit B for breakdown) NTE
2. Greiner Testing Services Subcontract
Handling Fee N'rE
$ 5,490
810
3. Design Survey Services (see Exhibit C
for breakdown) N'CE 6,060
4. Greiner Survey Services Subcontract
Handling Fee - Lump Sum
Tokai Services Coet
$13,260
TOTAL BASIC SERViCES COST SUMMARY
1. Preliminary Phase - Lump Sum
2. Design Phase - Lump Sum
3. Bidding Phase - Lump Sum
4. Out-Of-Pocket Expe~ - Lump Sum
$ 6,420
2.760
Sub-total Engineering Services:
5. Reid Investigation
TOTAL BASIC SERVICES COST:
FEE ESTIMATE SUMMARY
A. Programming Services
B. Basic Services
$ 8,300
A-3
SAY: $1,500.00
City of Sebastian
1225 MAIN STREET r, SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 '~ FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Formal Withdrawal of Candidate's
Name from 3/14/95 Ballot
APPROVED FOR SUBMITTAL BY:
City Manager:
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
~5. D/~-
ciw c
2/16/95
2/22/95
Exhibits: Powell Letter dated 2/1
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY
Attached please find a letter from Lonnie R. Powell formally
withdrawing his name as a candidate for City Council for the
March 14, 1995 General Election.
By direction of the City Attorney, to comply with FS 101.253, the
City Council should receive the request for withdrawal.
RECOMMENDED
Receive the candidacy withdrawal from Lonnie R. Powell.
TO:
Kay O'Halloran,
City Clerk
FROM: Lo~ie R. Powell
DATE: February 15, 1995
m
I
I
I
I
m
Dear Kay, m
it is wi~h deep regret ~hat I mus~. ask you to have My name
raoved from ~he 1995 Sebastian C~ty Council_race. m
STATE OF FLORIDA
COUNTY OF INDIAN RIVER ·
Subscribed and sworn to (or affirmed) before me this /~-~ day of
~known t~ m~r has/have produced
as identification.
(SEAL)
Notary Public,
(Name of Notary, Printed or Typed)
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Use of Community Center
American Cancer Society
APPROVED FOR SUBMITTAL BY:
City Manager:
) Dept. Origin City Clef
)
) Date Submitted 02/06/95
)
) For Agenda of 02/22/95
)
) Exhibits:
) Application
)
)
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
~__~Y ~TATE1V~ENT
The Cit. y of Sebastian has received a request from The American Cancer Society
recluest~ngpermission to use the Community Center on March 4, 1995, for the annual
chili/chowder cookoff.
They are also requesting the use of alcohol at this event.
Historically this event has been approved since 1992.
The required security fee of $250.00 was received when application was submitted and
a rental fee of $155.1)0 will be due before scheduled use.
RE¢O~NDED ~
Move to approve the request with the use of alcohol.
CITY OF SEBASTIAN
RENT~ PERMIT APPLICATION
of Renm / Orm~aUm A~n~¢~ C~R SOC~E~
0f ~ ~tit~t~ ~ ~r 0~~: Brd. of Directors (13)
for a~t~ Fundraising- Chili/Chowder Cookoff
Re~e~ted Date Saturday, March 4
?ime of I~: 1~ 5:00 p.m. To
Please ~ ~ ~ ~:
1) ~e Ut~ fm~Us m~
2) ~e ~ m ~i~t of ~e~U~!
11:00 p.m.
Yes - very limited
+
(a) If ~'~r to 15 is 1~' ' '
per~ttee's pmof of age All Board Directors are over the age of 21.
(b~:,_If,~___fl. CP.bol ~s to be sem~, ~emsslon is "~(red b ."
~,y uamf.u.~ ~our r~,,t ~ll be p_resented t~"~,~:il"~
_ ?72__2 __ .
Secqwity Deposit: $__250.00 ~otml Rental: $ 477.50
Name of Permittee: AMERICAN CANCER SOCIETY
Address of Pemittee: P...O. Box 1749 Sebastian, FL
?elepbo~e ))o.: 562-22.72.. ~l~te of ~pli~mtim 1/24/95
~ake checks payable to: CITI OF ~
FL39-22-124113~56C
32958
APPROVD / DISAPPR~
Deposit paid on .,~-~./~"- {dar,) in the ~unt of
; ~. . ~ ~ c~,,~/~ c,~ ~z.-.. f or C~sh
Rental Fee paid on
(date) ia the bunt of or ~ash
"1 iaitial
Mcoho~lc Be!era;eJe~uest beard %t _the ~oucil Meeting on
.~/~,~/g~ (date). ~e~t ~ / O~I~.
· ~est ~ /
Kq Pk~p Date Key Retum Date
Se~rity De~sit retu~ed ~ City ~eck {
~unt of
en
~nt k~t for ~ (if o~liemb~e).
in the
-(date}