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Home My WebLink About02241993 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589*5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 24, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDiNANCES AND iNFORMATION ON ITEMS BELOW MAY BE iNSPECTED iN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAiN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Henk Touissant - St. Sebastian Catholic Church 4. ROLL CALL AGENDA MODIFICATIONS (kDDITIONS ~ DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). 6. PRQCLANATIONS ,~T_-~/OR ANJNOUNCEMENTS 7. PUBLI~C 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 R~ease 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. I 93.048/ 92.222 PGS 1-4 Am ORDINANCE NO. 0-93-01 - Land Development Code Amendments Second Public Hearing and Adoption AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; AMENDING THE DEFINITION OF PARKING GARAGES; AMENDING THE DEFINITION OF RESTAURANTS; AMENDING THE DEFINITION OF WAREHOUSING, STORAGE AND DISTRIBUTION ACTIVITIES; PROHIBITING USES AND STRUCTURES THAT ARE NOT OTHERWISE SPECIFICALLY PERMITTED; AMENDING PROVISIONS PERTAINING TO THE MINIMUM LIVING AREA IN DWELLING UNITS IN ALL RESIDENTIAL ZONING DISTRICTS, INCLUDING THE R-MH AND COR ZONING DISTRICTS; AMENDING PROVISIONS PERTAINING TO MINIMUM BUILDING SETBACKS FROM PROPERTY LINES IN ALL ZONING DISTRICTS; PROVIDING FOR GUEST HOUSES AS A CONDITIONAL USE IN THE RS-20 (SINGLE-FAMILY RESIDENTIAL DISTRICT) ZONING DISTRICT; PROVIDING FOR HOME OCCUPATIONS AS A CONDITIONAL USE iN THE RM-8 (MEDIUM DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT), THE RM- 12 (HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT), AND THE R-MH (MOBILE HOME DISTRICT) ZONING DISTRICTS; PROVIDING FOR RETAIL GASOLINE SALES AS A PERMITTED USE IN THE CG (GENERAL COMMERCIAL DISTRICT) ZONING DISTRICT; PROVIDING FOR MEDICAL SERVICES AS A PERMITTED USE IN THE COR (COMMERCIAL OFFICE RESIDENTIAL DISTRICT), THE CL (LIMITED COMMERCIAL DISTRICT), THE CG (GENERAL COMMERCIAL DISTRICT), AND THE GMC (GENERAL MARINE COMMERCIAL DISTRICT), ZONING DISTRICTS; PROVIDING FOR WIDTH REQUIREMENTS FOR RESIDENTIAL DRIVEWAYS; PROVIDING A DEFINITION OF A GUEST HOUSE; PROVIDING THAT A GUEST HOUSE SHALL BE A CONDITIONAL USE IN THE RE-40 (RESIDENTIAL ESTATE DISTRICT) ZONING DISTRICT; PROVIDING SPECIAL CRITERIA REGULATING GUEST HOUSES AS A CONDITIONAL USE; AMENDING THE CONSTRUCTION STANDARDS OF ALL RESIDENTIAL MANUFACTURED BUILDINGS, MOBILE HOMES, TRAVEL TRAILERS AND SIMILAR PORTABLE LIVING QUARTERS IN AN R-MH MOBILE HOME DISTRICT AND IN A PUD(MH) MOBILE HOME PLANNED UNIT DEVELOPMENT; AMENDING THE REQUIREMENTS FOR A COMMUNITY BUILDING AND A STORM SHELTER IN A PUD(HH) MOBILE HOME PLANNED UNIT DEVELOPMENT; AMENDING THE REQUIREMENTS FOR A COMMUNITY BUILDING AND A STORM SHELTER FOR MOBILE HOME SUBDIVISIONS; INCREASING THE MAXIMUM BUILDING COVERAGE REQUIRED IN AN R-MH MOBILE HOME DISTRICT AND A PUD(MH) PLANNED UNIT DEVELOPMENT; AMENDING SECTION 20A-5.1 OF THE LAND DEVELOPMENT CODE PERTAINING TO HEIGHT EXCEPTIONS; AMENDING SECTION 20A-5.2 OF THE LAND DEVELOPMENT CODE PERTAINING TO PROJECTIONS AND OBSTRUCTIONS INTO A REQUIRED YARD; REPEALING PROVISIONS PERTAINING TO ENCROACHMENTS BY FIRE ESCAPES, OUTSIDE STAIRWAYS AND BALCONIES WHICH PROJECT INTO A REQUIRED YARD; AMENDING SECTION 20A-5.5 OF THE LAND DEVELOPMENT CODE PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES 2 IN A REQUIRED REAR YARD; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF ACCESSORY BUILDINGS; AMENDING PROVISIONS PERTAINING TO FENCES ON RESIDENTIAL CORNER LOTS; AMENDING PROVISIONS PERTAINING TO UTILIZATION OF REAL PROPERTY LOCATED IN A COMMERCIAL OR INDUSTRIAL ZONED DISTRICT FOR RESIDENTIAL PURPOSES; AMENDING PROVISIONS PERTAINING TO HEIGHT RESTRICTIONS OF FENCES AND WALLS; AMENDING PROVISIONS PERTAINING TO REQUIRED SCREENS FOR GARBAGE, REFUSE DUMPSTERS; AMENDING PROVISIONS PERTAINING TO REGULATION OF OBSTRUCTIONS TO VISIBILITY ON A CORNER LOT; AMENDING PROVISIONS PERTAINING TO THE VIOLATION OF SPECIAL CRITERIA FOR MODEL HOMES AS A CONDITIONAL USE; AMENDING PROVISIONS PERTAINING TO THE REQUIRED PARKING SPACES FOR MARINAS; PROHIBITING POROUS SURFACES FOR HANDICAPPED PARKING SPACES; PROVIDING FOR REQUIRED WIDTH FOR ENTRY AND EXIT WAYS AND DRIVES; PROVIDING THAT A PRELIMINARY SITE PLAN APPLICANT DOES NOT OBTAIN VESTED RIGHTS UPON TENTATIVE APPROVAL BY THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF PRIVATE WELLS ON REAL PROPERTY LOCATED WITHIN THE CITY LIMITS; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF A CHILD CARE FACILITY IN RELATION TO THE TYPE OF STREET ADJACENT TO SAID FACILITY; AMENDING PROVISIONS PERTAINING TO OFF-STREET LOADING FACILITIES; AMENDING PROVISIONS PERTAINING TO GENERAL SITE PLAN REVIEW PROCEDURES; AMENDING SECTION 20A-3.8.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.9.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.16.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.10.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING PROVISIONS PERTAINING TO THE ELECTION OF OFFICERS AND THE SELECTION OF A SECRETARY FOR THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO PROCEDURES FOR THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO SUBMISSION AND TRANSMITTAL OF PROPOSED AMENDMENTS TO THE COMPREHENSIVE LAND USE PLAN; AMENDING THE EXISTING DEFINITION OF A COMMERCIAL AMUSEMENT, UNENCLOSED; PROHIBITING THE UTILIZATION OF USABLE OUTDOOR RECREATION AREAS FOR CHILD CARE FACILITIES WITHIN ANY DEDICATED EASEMENT; AMENDING SECTION 20A-6.1.C.14.b TO ADD ADDITIONAL RESTRICTIONS PERTAINING TO HOME OCCUPATIONS AS A CONDITIONAL USE; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/27/93, Advertised 1/4 Page Press Journal 2/2/93, 1st Public Hearing 2/10/93, Advertised 1/4 Page Press Journal 2/17/93) 3 PGS 5-19 PGS 2 :].-2 5 93. 072 PGS 27-28 93.073 PGS 29-33 93. 074 PGE 35-38 93.075 PGS 39-40 10. 93.076 93.077 PGS 41-42 PUBLIC INPUT ON AGENDA ~TEMS 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 - 2/10/93 Regular Meeting Approve Group Rate for Easter Seal Society of East Central Florida, Inc. for 4/10/93 Fundraiser at Sebastian Municipal Golf Course (Staff Recommendation dated 2/16/93, Morgan Letter dated 2/10/93, Fleming Memo and Easter Seals Info) Fraternal Order of Police - Request Use of Riverview Park North for Carnival Fundraiser - April (Staff Recommendation dated 2/18/93, Hardison Letter dated 2/1/93) Treasure Coast Builders Association - Parade of Homes - 3/19/93 through 3/29/93 - Request Temporary Sign Approval (Staff Recommendation dated 2/18/93, Kavanaugh Letter dated 2/17/93) Thomas H. Collins Appeal to Planning and Zoning Site Plan Approval Re: Parking Stall Width - Set Public Hearing in Accordance with 20A-10.4(A) - LDC for 3/10/93 (Staff Recommendation dated 2/18/93, Collins Letters dated 7/22/92 & 2/8/93, P & Z Memo dated 2/18/93) Bid Award - 7-Gang Mower - Golf Course - Hector Turf of Deerfield Beach - $18,500 (Staff Recommendation dated 2/18/93, Bid Tabulation Form) PRESENTATIONS Hoyman, Dobson & Company, P.A. - 91/92 Fiscal Year Audit Report (Report Under Separate Cover) 11. MAYOR AND CITY COUNCIL MATTERS A. Mayor Lonnie R. Powell Request for City Manager Resignation (Mayor Memo dated 2/18/93, Police Report [Submitted by City Manager]) 4 I i I I I I I I I I I i I I I I I I B. Mr~ Fran_~k Oberbeck C. Mrs. Carolyn Coru____~m 93.078 PG 43 Dr. Peter R_=. ~olYk A. Dedicate Riverview Park North (Holyk Recommendation dated 2/18/93) E. Mr. George G~ Reid 12. CITY ATTORNEY MAT__TERS 13. CITY MANAGER M~TTER. S 14. ~ REPORTS/RECOMMENDaTiONS 93.079 PGB 45-69 A. COD~ ENFORCEMENT BOARD Reappoint Damien Gilliams as Regular Member - Term 3/93 through 3/96 - Eligible for Reappointment (Staff Recommendation dated 2/18/93, Gilliams Letter dated 1/18/93, Applications) 15. OLD BUSI__NESS - None 16. 93.080/ 91.235 PGS 71-90 93.081/ 92.188 PGB 91-104 93.082 PGS 105-109 17. NEW BUSINESS A. Elkcam Waterway claims (city Manager Recommendation dated 2/18/93, Proposed Settlement Agreement Pgs 1 - 19) B. MPO Interlocal Agreement (Staff Recommendation dated 2/18/93, Keating Letter, Agreement, R-92-30) Indian River County Council on Aging - Approve Additional Stop Locations in Sebastian (Staff Recommendation dated 2/18/93, Stop List, Council on Aging Letter dated 11/17/92) iNTRODU, CTION O__F BUSINESS B_~Y THJ PUBLI.C. (Which is Not Otherwise on the Agenda - By Resolution NO. R-89-30 Limit of Ten Minutes for Each Speaker) 18. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 5 I i City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 I I i i i SUBJECT: Ordinance No. 0-93-01 LDC Amendments APPROVED FOR SUBMITTAL BY: City Manager: AGENDA FORM Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: .City Cler~ 2/19/93 2/24/93 Amended Pages 33, 61 and 64 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: I i i I i I I I i SUMMARY. STA~ The City Council, at its January 27, 1993 Regular Meeting, held a first reading on Ordinance No. 0-93-01, at which time pages 33 and 64 of the seventy page Ordinance were amended. At the first public hearing on February 10, 1993, page 61 of the Ordinance was amended. To alleviate extensive copying, we request that you refer to your January 27, 1993 agenda packet and to the three amended pages attached. RECOMME~ED ACTION Conduct the second public hearing on Ordinance No. O-93-01, and adopt if City Council concurs with its content. Section 45. That the existing Section 20A-3.7 of the,Land. Development Code of the City of Sebastian, Florida, is hereby amended by deleting Paragraph 7 of Subsection F (20A-3.7.F.7) in its entirety and adding the following new provisions in lieu thereof to read as follows: "7. Maximum building coverage: 40 percent." Section 46. That the existing Section 20A-5.1 of the Land Development Code of the City of Sebastian, Florida, is hereby amended by deleting the existing Section (20A-5.1) in its entirety and adding the following new provisions in lieu thereof to read as follows: "Sec. 20A-5.1 Height exceptions. Chimneys~-s~eep~esT-s~es~-w~m~s?-wa~e~-~a~ks~ and radio and television antennas may exceed height limitations upon the prior approval of the Building official and the City Engineer based on the compliance with all other applicable technical codes. h~i~- ~ ' -~~-~p~~-By Stee~ silos. windmills, ~ater tanks and cuDolas may exceed hei hqb_~t limitations upon th__e ~ approval o__f by the Planning and Zoning Commission. In no event, however, shall any permitted heights be in conflict with the height regulations established by flight angles of state- approved airports in the City. All permitted heights shall comply with all - 33 - the dwelling located on the Premises and only by members of the family permanently residing therein. No person, other than the members of the family permanently residing in the dwelling on the Premises, shall engage in any activities in furtherance of the home occupation at the Premises. No persons shall be employed by the owner of the business seeking approval of the home occupation except individuals who are members of the family permanently residing in the dwelling located on the Premises where the home occupation is to be situate. No more than one (1) commercial vehicle shall be kept or parked at the Premises in connection with such home occupation, and any such vehicle shall not have a carrying weight in excess of three-quarters (3/4) of a ton nor exceed twenty (20) feet in length. N~-~~i~3-~~mm~~-~3~3~-~h~-~e a~e~_~-~--~i~-~m--~he-~~--~eh~e~e~ Ail types of trailers are prohibited. Materials or equipment associated with the home occupation may be temporarily stored within an enclosed compartment of the commercial vehicle. (2) The use of the Premises, including the dwelling, for the home occupation shall be clearly incidental and subordinate to its use for residential - 61 - (8) No mechanical equipment or electrical equipment. shall be employed or stored on the Premises other than equipment usually found in a residence which is associated with a hobby or vocation conducted for no monetary gain or profit. All such equipment must be located within the twenty percent (20%) area described in Clause (5), above. e~---e~ve~e~ee. considered as an activities thereof calls, making phone (9) No equipment or process shall be used in connection with a home occupation which creates noise, vibration, glare, fumes, odor or electrical interference detectable by the normal senses from any location other than on the Premises. No equipment or process shall be used in connection with the home occupation which causes visible or audio interference in any radio or television I receiver, telephone, organ or other similar items that are located other than on the Premises. (10) Exc-~ as ~e~ificallff ~ elsewhere in this Section 20A-6.1.C.14.b~ no home occupation~ t~ ~ _an address of convenience~ shall be allowed A home occupation shall be "address of convenience,, if the consist solely of receiving phone calls, receiving mail or keeping business records of the home occupation. (11) A home occupation is subject to all applicable city occupational licenses and other business taxes, except as specifically preempted by state or federal law. Each applicant for a home occupation shall submit a sworn - 64 - i I I i 1 I I I I City of Sebastian I POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 10, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CiTY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. Mayor Powell called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Invocation was given by Reverend Harold Lee, First Baptist Church of Sebastian. 4. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Dr. Peter Holyk Mr. George Reid Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting February 10, 1993 Page Two 93.060 93.048/ 92.222 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). None. 6. PROCLAMATIONS ~ ~%NNOUNCEMENTS Proclamation m American History ~oDth (Recipient m Betty Bock~ Mayor Powell read and presented the proclamation, designating February as American History Month, to Betty Bock. 7. ~ 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. ae ~NO~ 0-93-01 - Land Development Code Amendments First Public Hearing, Second Public Hearing Scheduled for 2/24/95 (Please refer to 1/27/93 Agenda Packet for Ordinance - Except for Amended Pages 33 and 64) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; AMENDING THE DEFINITION OF PARKING GARAGES; AMENDING THE DEFINITION OF RESTAURANTS; AMENDING THE DEFINITION OF WAREHOUSING, STORAGE AND DISTRIBUTION ACTIVITIES; PROHIBITING USES AND STRUCTURES THAT ARE NOT OTHERWISE SPECIFICALLY PERMITTED; AMENDING PROVISIONS PERTAINING TO THE MINIMUM LIVING AREA iN DWELLING UNITS IN ALL RESIDENTIAL ZONING DISTRICTS, INCLUDING THE R-MH AND COR ZONING DISTRICTS; AMENDING PROVISIONS PERTAINING TO 2 .Regular City Council Meeting February 10, 1993 Page Three MINIMUM BUILDING SETBACKS FROM PROPERTY LINES IN ALL ZONING DISTRICTS; PROVIDING FOR GUEST HOUSES AS A CONDITIONAL USE IN THE RS-20 (SINGLE-FAMILY RESIDENTIAL DISTRICT) ZONING DISTRICT; PROVIDING FOR HOME OCCUPATIONS AS A CONDITIONAL USE IN THE RM-8 (MEDIUM DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT), THE RM- 12 (HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT), AND THE R-MH (MOBILE HOME DISTRICT) ZONING DISTRICTS; PROVIDING FOR RETAIL GASOLINE SALES AS A PERMITTED USE iN THE CG (GENERAL COMMERCIAL DISTRICT) ZONING DISTRICT; PROVIDING FOR MEDICAL SERVICES AS A PERMITTED USE IN THE COR (COMMERCIAL OFFICE RESIDENTIAL DISTRICT), THE CL (LIMITED COMMERCIAL DISTRICT), THE CG (GENERAL COMMERCIAL DISTRICT), AND THE GMC (GENERAL MARINE COMMERCIAL DISTRICT), ZONING DISTRICTS; PROVIDING FOR WIDTH REQUIREMENTS FOR RESIDENTIAL DRIVEWAYS; PROVIDING A DEFINITION OF A GUEST HOUSE; PROVIDING THAT A GUEST HOUSE SHALL BE A CONDITIONAL USE IN THE RE-40 (RESIDENTIAL ESTATE DISTRICT) ZONING DISTRICT; PROVIDING SPECIAL CRITERIA REGULATING GUEST HOUSES AS A CONDITIONAL USE; AMENDING THE CONSTRUCTION STANDARDS OF ALL RESIDENTIAL MANUFACTURED BUILDINGS, MOBILE HOMES, TRAVEL TRAILERS AND SIMILAR PORTABLE LIVING QUARTERS IN AN R-M/{ MOBILE HOME DISTRICT AND IN A PUD(HH) MOBILE HOME PLANNED UNIT DEVELOPMENT; AMENDING THE REQUIREMENTS FOR A COMMUNITY BUILDING AND A STORM SHELTER IN A PUD(M}{) MOBILE HOME PLANNED UNIT DEVELOPMENT; AMENDING THE REQUIREMENTS FOR A COMMUNITY BUILDING AND A STORM SHELTER FOR MOBILE HOME SUBDIVISIONS; INCREASING THE MAXIMUM BUILDING COVERAGE REQUIRED IN AN R-M}{ MOBILE HOME DISTRICT AND A PUD(MH) PLANNED UNIT DEVELOPMENT; AMENDING SECTION 20A-5.1 OF THE LAND DEVELOPMENT CODE PERTAINING TO HEIGHT EXCEPTIONS; AMENDING SECTION 20A-5.2 OF THE LAND DEVELOPMENT CODE PERTAINING TO PROJECTIONS AND OBSTRUCTIONS INTO A REQUIRED YARD; REPEALING PROVISIONS PERTAINING TO ENCROACHMENTS BY FIRE ESCAPES, OUTSIDE STAIRWAYS AND BALCONIES WHICH PROJECT INTO A REQUIRED YARD; AMENDING SECTION 20A-5.5 OF THE LAND DEVELOPMENT CODE PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES IN A REQUIRED REAR YARD; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF ACCESSORY BUILDINGS; AMENDING PROVISIONS PERTAINING TO FENCES ON RESIDENTIAL CORNER LOTS; AMENDING PROVISIONS PERTAINING TO UTILIZATION OF REAL PROPERTY LOCATED IN A COMMERCIAL OR INDUSTRIAL ZONED DISTRICT FOR RESIDENTIAL PURPOSES; AMENDING PROVISIONS PERTAINING TO HEIGHT RESTRICTIONS OF FENCES AND WALLS; AMENDING PROVISIONS PERTAINING TO REQUIRED SCREENS FOR GARBAGE, REFUSE DUMPSTERS; AMENDING PROVISIONS PERTAINING TO REGULATION OF OBSTRUCTIONS TO 3 Regular City Council Meeting February 10, 1993 Page Four VISIBILITY ON A CORNER LOT; AMENDING PROVISIONS PERTAINING TO THE VIOLATION OF SPECIAL CRITERIA FOR MODEL HOMES AS A CONDITIONAL USE; AMENDING PROVISIONS PERTAINING TO THE REQUIRED PARKING SPACES FOR MARINAS; PROHIBITING POROUS SURFACES FOR HANDICAPPED PARKING SPACES; PROVIDING FOR REQUIRED WIDTH FOR ENTRY AND EXIT WAYS AND DRIVES; PROVIDING THAT A PRELIMINARY SITE PLAN APPLICANT DOES NOT OBTAIN VESTED RIGHTS UPON TENTATIVE APPROVAL BY THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF PRIVATE WELLS ON REAL PROPERTY LOCATED WITHIN THE CITY LIMITS; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF A CHILD CARE FACILITY IN RELATION TO THE TYPE OF STREET ADJACENT TO SAID FACILITY; AMENDING PROVISIONS PERTAINING TO OFF-STREET LOADING FACILITIES; AMENDING PROVISIONS PERTAINING TO GENERAL SITE PLAN REVIEW PROCEDURES; AMENDING SECTION 20A-3.8.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.9.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.16.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.10.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING PROVISIONS PERTAINING TO THE ELECTION OF OFFICERS AND THE SELECTION OF A SECRETARY FOR THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO PROCEDURES FOR THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO SUBMISSION AND TRANSMITTAL OF PROPOSED AMENDMENTS TO THE COMPREHENSIVE LAND USE PLAN; AMENDING THE EXISTING DEFINITION OF A COMMERCIAL AMUSEMENT, UNENCLOSED; PROHIBITING THE UTILIZATION OF USABLE OUTDOOR RECREATION AREAS FOR CHILD CARE FACILITIES WITHIN ANY DEDICATED EASEMENT; AMENDING SECTION 20A-6.1.C.14.b TO ADD ADDITIONAL RESTRICTIONS PERTAINING TO HOME OCCUPATIONS AS A CONDITIONAL USE; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/27/93, Advertised 1/4 Page Press Journal 2/2/93, 1st Public Hearing 2/10/93) Mayor Powell opened the public hearing at 7:05 p.m., and the City Attorney read Ordinance No. O-93-01 by title only. 4 ,Regular city Council Meeting February 10, 1993 Page Five There was no public input and the Director of Community Development and City Attorney advised that certain of the recommendations of Planning and Zoning, discussed at the February 3, 1993 City Council meeting, had already been incorporated in this ordinance. Mayor Powell closed the public hearing at 7:12 p.m. The City Attorney noted that "address of convenience" language was added to home occupational license codes as an addition to other provisions, and not to prohibit other types of occupations. Discussion followed relative to prohibition of signs on commercial vehicles parked at the residence of a home occupational license permittee. MOTION by Oberbeck/Corum I would move to that effect. (Strike on page 61, Section 71 of the Ordinance and Section 20A- · . · I'NO 6 1.C.14 b I of the Land Development Code, advertising or commercial signage shall be affixed to or visible from the commercial vehicle.".) ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye i i I I I i i MOTION CARRIED 5-0. MOTION by Holyk/Oberbeck I would move that we accept the first reading and set the second public hearing for February 24, 1993 for Ordinance No. 0-93-01, Land Development Code amendment. ROLL CALL: Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye MOTION CARRIED 5-0. 8. PUBLIC INPUT ON AGENDA ,ITEMS Ron Harsh, 550 Bay Harbor Terrace, Sebastian, inquired about public input procedures. Regular City Council Meeting February 10, 1993 Page Six 93.061 93.062/ 92.295 93.059 93.015 CONSE~ A~ENDA 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 - 1/27/93 Regular Meeting, 2/3/93 Workshop Bid Waiver - Sole Source - Golf Course Fertilizer - 22 Tons 15-0-15 w/ IBDU - Vigoro Industries of Ft. Pierce - $15,004.00 (Staff Recommendation dated 2/4/93, Golf Course Superintendent Memo dated 2/2/93) R SO~ ~ R-93-05 - City Engineer Computer Equipment/Software Lease (Staff Recommendation dated 2/4/93, R-93-05, Lease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN EQUIPMENT LEASE WITH DANIEL C. ECKIS, IN ORDER TO LEASE CERTAIN COMPUTER EQUIPMENT AND SOFTWARE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-93-03 - Street Names Changes (R-93-03) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CHANGING THE NAME OF STRATTON AVENUE; CHANGING THE NAME OF A PORTION OF BARBER STREET; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Fourth of July Committee - Request Waiver of Rental Fee and Security Deposit - Use of Community Center - Organizational Meetings - Second Tuesday of Each Month - 7:00 P.M. (City Clerk Recommendation dated 2/4/93, Malek Letter dated 2/4/93) ,Regular city Council Meeting ,February 10, 1993 Page Seven The city Manager read the consent agenda in its entirety, including titles of Resolution Nos. R-93-05 and R-93-03. Mrs. Corum removed item D; Mr. Oberbeck removed item C. MOTION by Holyk/Oberbeck i would move that we approve items A, B and E of the consent agenda as written. ROLL CALL: Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye MOTION CARRIED 5-0. Mr. Oberbeck explained the lease of the computer equipment and software and expressed gratitude. MOTION by oberbeck/Reid I would move that we approve item C of the consent agenda. ROLL CALL: Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye MOTION CARRIED 5-0. Ite_ m ~ Mrs. Corum inquired about the development of a residential property where the city intends to recurb the corner of Barber and Stratton. The city Manager said he would draft a letter to bring this to the attention of Indian River County. MOTION by Corum/Holyk I move to approve item D of the consent agenda. Dr. Holyk suggested the city Manager call Indian River county as soon as possible. VOICE VOTE on the motion carried 5-0. Regular City Council Meeting February 10, 1993 Page Eight 10. PRESENTATIONS None. Mr. Reid recommended that fire hydrants installed by the county along Roseland Road be covered up since they are not active at this time; questioned installation of water lines by the county; expressed concern relative to a drainage culvert being installed on Indian River Drive to drain untreated stormwater from U.S. i into the Indian River. The City Manager said the culvert project is being done by FDOT, and stated his concerns. Mayor Powell expressed concern regarding laying of sod in swales which prevents water run-off; inquired about the status of GDU acquisition and recommended an update on the matter at the next meeting. c. Mr. Oberbeck reiterated concerns relative to the abuse of Riverview Park North and other areas by Martin Paving; discussed FMHA and VA mortgages; noted that GDC deed restrictions had prohibited non- domesticated animals in the Highlands. D. Mrs. Cr~o~ Mrs. Corum expressed concerns relative to a tank being used by Martin Paving and now located next to the Indian River at Paradise Marina. TAPE I - SIDE II (8:00 p.m.) Mrs. Corum discussed candidate forums and urged attendance. I · I i i I I I i I I I i i i i i I i i 'Regular City Council Meeting ~ February 10, 1993 Page Nine E. Dr. Peter R. Holyk Dr. Holyk reiterated concerns relative to Riverview Park North; discussed the installation of water pipe lines around the City of Sebastian and questioned whether they were needed at this time and where funds were derived. The City Manager said he would give Martin Paving notice to vacate the premises. Mayor Powell called recess at 8:09 p.m. and reconvened the meeting at 8:20 p.m.. Ail members were present. 12. CITY ATTORNEY MATTERS None. 13. CITy F.%NA~ER ~TTERS The City Manager said the March workshop agenda will be kept strictly to workshop matters and suggested that any matters be submitted to the City Clerk or him. 14. COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING AND ZONING COMMISSION 93.063 Recommendation - Reappoint J.W. Thompson tp ~ular Member Position - Term 2/93 Through 2/96 - Eliqible for ReaDDointment /Staff Recommendation dated 1/28/93, P & Z Memo dated 1/28/93, Five Applications) city Council discussed the excellent pool of applicants. MOTION by Holyk/Corum I move that we accept the recommendation of the P & Z Board to reappoint J.W. "Tommy" Thompson as a regular member for the term starting 2/93 through 2/96 eligible for reappointment. VOICE VOTE on the motion carried 5-0. Regular City Council Meeting February 10, 1993 Page Ten 15. 16. 93.064/ 92. 317 OLD B_~SINESS None. N~w ~USINESS ORDINANC~ NO. 0-93-06 - Tree Protection (Staff Recommendation dated 2/4/93, 0-93-06 First Reading, Set Public Hearing for 3/10/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XIV OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING TO TREE PROTECTION, IN ITS ENTIRETY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-93-06 by title only. Charles Stachel, 1698 Coral Reef Street, Sebastian, and Robert McCollum, 501 Durant Street, Sebastian, recommended revisions to the proposed ordinance. The Director of Community Development recommended minor revisions and said he was working on a homeowner packet for distribution. A lengthy City Council discussion followed. It was the consensus of City Council to direct staff to revise language in accordance with recommendations from Planning and Zoning and city Council and bring them back to City Council at the next workshop. 10 .Regular city Council Meeting February 10, 1993 Page Eleven ORDINANCE NO__~. 0-92-07 - Rhodes Comprehensive Land 93.065/ B. 92.043 ~~A~en~ment (Staff Recommendation dated 2/3/93, 0-92-07, DCA Letter dated 11/12/92, city Finding of Facts) Set Public Hearing for $/24/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY RURAL DISTRICT TO CITY LD (LOW DENSITY) DISTRICT FOR LAND LOCATED IN THE SOUTHWEST SECTION OF THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS, LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET AND NORTH OF THE SEBASTIAN RIVER FLOODWAY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 3/25/92, 1/4 Page Ad 5/5/92, 1st Public Hearing 5/13/92) The city Attorney read Ordinance No. 0-92-07 by title only. TAPE II - SIDE I (9:18 p.m.) city Council discussion took place on Department of Community Affairs concerns. MOTION by Holyk/Oberbeck I would move that we set the public hearing on 3/24/93 for ordinance No. 0-92-07 the Rhodes Comprehensive Land Use Plan amendment. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye MOTION CARRIED 5-0. 11 Regular City Council Meeting February 10, 1993 Page Twelve 93.066/ 92.043 93.067 C. ~ NO. 0-92-08 - Rhodes Rezoning (Staff Recommendation dated 2/3/93, 0-92-08 Set Public Hearing for 3/24/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONiNG; REZONING CERTAIN PROPERTY IN THE SOUTHWEST SECTION OF THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS, LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET AND NORTH OF THE SEBASTIAN RIVER FLOODWAY FROM COUNTY ZONING DISTRICT AG-1 (AGRICULTURAL) TO .CITY ZONING DISTRICT RS-10 (SINGLE-FAMILY RESIDENTIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (lst Reading 3/25/92) The City Attorney read Ordinance No. 0-92-08 by title only. MOTION by Oberbeck/Reid I would move to set the public hearing for Ordinance No. 0-92-08 for March 24, 1993. ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye MOTION CARRIED 5-0. De Donate Tw__9our~Po_~Vehicles t_9o the Recommendation dated 2/4/93~ ar~ Letter ~ated 2/4/~3~ " ' ' Mr. Oberbeck was excused from 9:24 p.m. to 9:27 p.m. MOTION by Holyk/Reid I would move that we approve the donation of two surplus police vehicles to the Fellsmere Police Department. 12 I i I I I i i i i i I I I I I I I I I Regular City Council Meeting .February 10, 1993 Page Thirteen 93.016 93.068 ROLL CALL: Mrs. Corum Dr. Holyk Mr. Reid Mayor Powell Mr. Oberbeck aye aye aye aye absent MOTION CARRIED 4-0 (Oberbeck - absent). ~.S. Fish and Wildlife - Re ue~ to ~ Yacht Club Parking LQ~ and Boat Ramp - March ~4, 1993 C3_q~_Y Manaqer Recommendation dated 2/5/93. USFW Letter dated 2/2/93) MOTION by Holyk/Corum i would move that we approve the request of the U.S. Fish and Wildlife Service to close the Yacht Club and the boat ramp for March 14, 1993. ROLL CALL: Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck absent Mrs. Corum aye MOTION CARRIED 4-0 (Oberbeck - absent). RESOLUTION NO. R-93-0S - Designating city of Sebastian as "Home of Pelican Island" - Sponsored by Councilmember Reid (R-93-08) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING THE CITY OF SEBASTIAN AS "HOME OF PELICAN ISLAND"; AUTHORIZING AND DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE U.S FISH AND WILDLIFE SERVICE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The city Attorney read Resolution No. R-93-05 by title only. Dr. Holyk stressed that adoption of the resolution not be misconstrued to be support for the expansion of the wildlife refuge area. MOTION by Reid/Oberbeck I would move that we adopt Resolution No. R-93-08. 13 Regular City Council Meeting February 10, 1993 Page Fourteen 93.069 93. 070 17. ROLL CALL: Mr. Reid Mayor Powell Mr. Oberbeck Mrs. Corum Dr. Holyk aye aye aye aye aye MOTION CARRIED 5-0. .INTRO.DUCTIO_.N O__F BUSINESS B_X ,THE ~ (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) Ca_~ J. Parker - _Code Re.' Co e__~ Trailers .in ~ ~ (Parker Letter ~ 1/27/93) Carlin Parker, Sebastian, presented his request to City Council to amend the code to allow him to park a lawn maintenance utility trailer at his residence. Discussion took place on allowing 'commercial utility trailers to be parked at residences if they are screened from sight and the Director of Community Development recommended that residents with home occupational licenses be given the same consideration if the code is amended. The City Attorney said he will not prosecute any cases on behalf of Code Enforcement involving one trailer until such time as this issue is resolved. Staff was directed to draft language and bring it back to a workshop. Mayor Powell called recess at 9:58 p.m. and reconvened the meeting at 10:04 p.m. Ail members were present. Ro__RnHarsh - ~~edia ConceDt~ - Pr__~_posal ~o Videot~De~ council MeetinGs (City Manager ...... Recomme~.datio~ .dated 2/5/93, ~ Letter date~ 2/4/93) Ron Harsh, United Media Concepts, Inc., presented his proposal to City Council for a ninety day trial sponsorship from the City to videotape City Council meetings in the amount of $450.00 per month. 14 Regular City Council Meeting February 10, 1993 Page Fifteen city Council discussion followed. MOTION by OberbeCk/POwell i would move to deny the request. TAPE II - SIDE II The city Manager suggested that City Council establish a policy for receipt of proposals of this type and recommended that staff be directed to follow proper procedures to procure services in accordance with Section 3-63 of the Code of ordinances. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk nay Mr. Reid nay MOTION 3-2 (Holyk, Reid - nay). Being no further business, Mayor Powell adjourned the meeting at 10:30 p.m. Approved at the Kathryn M. O,Halloran, CMC/AAE city Clerk , 1993, City Council Lon~ie R. Powell, Mayor 15 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 Approved For Submittal By: ) ) City Manager ) ) ) EXPENDITURE AMOUNT Agenda No. Dept. Origin Date Submitted For Agenda of F~nance (LWN) 2-16-93 2-24-93 Exhibits: Century 21 request from Dan Morgan, Easter Seal Facts sheet, Easter Seal Programs in our community. APPROPRIATION REQUIRED: None BUDGETED: None REQUIRED: I I I I I I i I I SUMMARY STATEMENT At its workshop meeting on February 3, 1993, the City Council approved a $16.50 per person Group Rate for the Sebastian Elementary PTA. Included with that request was a United Way event that was not acted upon because of a lack of details. The request should have been for the Easter Seal Society of East Central Florida, Inc. in conjunction with Century 21 Realty King. Dan Morgan, Tournament Chairman, is requesting the $16.50 Group Rate five (5) days early because the following week-end and each succeeding week-end for the next couple of months has been previously booked. In addition, since the Tournament is a 1:00 p.m. shotgun, the rate would be $21.50 per person, so the cost would actually be only $5.00 per person that plays. The Golf Course wishes to be a good neighbor and help local charitable groups raise funds for worthy causes locally. Staff recommends approving the request. RECOMMENDED ACTION Move to approve the recommendation that the Easter Seal Society of East Central Florida, Inc. be allowed to have the group rate for an April 10, 1993 Fund Raiser at the Sebastian Municipal Golf Course. Realty King 1676 North US #1 Sebastian, Florida 32958 (407) 388-5501 Mr. Robb McClary, City Manager, City of Sebastian, 1255 Main Street, Sebastian, F1 32958. Feb ]0/93 Dear Mr. McClary, I am, on hahs.If of CENTURY 2] and the Enst, or Seal So(:l(~l:y o£ E;tst. Central Florida, requesting a rate reduction from the City of Sebastian for the use of tl~e Sebastian Municipal Golf Course April lOth, ]993. We are proposing to hold a charity golf tournament on that date in support of the Easter Seals Society. The request for a rate reduction was prompted by the fact that the following week-end and each proceeding week-end has been booked. We are asking that the rate for our tournament be the reduced rate available after the 15th of April for charity tournaments. it is our intention to have a ]pm "shotgun start" on that date. (April 10th) Further it is requested that we be allowed to make use of the Community Center that same evening (6pm - midnight) for an awards banquet and dance. Thanking you for your consideration, I remain ........... truly ~an Morg~ Chai rman I I I I I I I I I Esch Office Is Independently Owned And Operated I The Power ~ Ot~erc'ome = The Easter Seal 8o~lety of Fast Central Florida, Inc. 366J Soutlt Bc~bcock SirecI Melbl~ume. Florida 32~JOJ.8221 (407) 723-44 74 MEMORANDUM/FAX TO: Dan Morgan CENTURY 21 Realty King 1676 North US ! Sebastian, FL 32958 Fr: Kathy Fleming, Director of Development Re: Easter Seal Services in Our Communities Three pages (3) Attached you will find a list of activities that Easter Seals provides to each year to over 7,600 people with disabilities. Specifically in your area Easter Seals provides advocacy, support services such as referral and access to Camp Challenge - a camp for youth with disabilities. The Easter Seal Mission is to promote maximum independence for people with disabilities by providing quality services and programs. 93¢ out of every dollar is allocated directly to programs and services for the disabled population. Please share this information with your City Council Iii Please feel free to contact me with any nmre questions you may have. Thank you very much for your support I I'll see you on Fridayl *.- Scn)in.q pc, opic wllJt disabfliiics In lJ~ ¢:tgir(l, indla~ Rflx:r'. Okccchobee and ,Si. Lr~ci¢ Court(.~$ .... ~ ALL OF US HAVE THE .ABILITY TO MAKE A DIFFERENCE. The mission of~J~e Easier Seal Society of East Central Florida is to promote maximum indeper~dence for people w/th disabilities in Brevard, Indian River, St. Lucie and Okeecbobee Counties by developing and pro~ldtng qual/ty programs and serv/ces. EASTER' SEAL FACTS Last year Easter Seal sen,ed 7,676 people in our community. This represents a 10.8°/5 increase from 1990/9].. Easter Seals allocates 93% of expenses directly to programs and servtces for people w~th disabilities. The Easter Seal Society of East Central Flor/da is a direct affiliate of the National Easter Seal Society tn Chicago. The Easter Seal Society utilizes volunteers in many of its programs, services and fund raisers. To volunteer call Easter Seals at (407) 723-4474. EASTER SEAL PROGRAMS IN OUR COMMUNITY Easier Seal's WORK ACTMTY PROGRAM provides training and employment services to people with developmental disabilities. Clients conduct small parts assembly ior local corporaUons and do bulk m~d first class mailings for U~c community. 'D~e Mobile Work Crew provides lawn maintenance services. Clients also learn lo read, to use a computer and morel Call (407) 724-6074 for more infor~nation. VENTURES IN LMNG is Easter Seals Medical Adult Daycare Program, Ventures provides loving medical care, hot meals, soclallzaUon m~d many other basic care crvtc_cs. 'l'l~c program has an award winningAizhelmer's pccil}c Unit m~d provides Respite Care to ~ull Umc care givers. If you have a loved one who needs care call (407) 723-7280. EASTER SEAL INDUSTRIES provides 1-95 contract maintenance services at thc rest areas in Mhns and in Palm ]Bay serving travelers from all over Florida. AQUATIC PROGRAMS at thc Easter Seal pool include swimming lessons for six months of age and up, aquaUc exercises, ]lfcgum-d training and community swim. Call 728-01 13 for more information. ]n addlUon Easter Scala provides an enUre range of SUPPORT $ERVICF.,S lnclufling Public Health Educa- tion, Information and Referral, Camp Challenge, trans- portation, Stroke Club and support groups. 77re potVer 'lb Overcome The Easter Seal 8oclcty of East Central Florida, ls~c. 3661 Soulll Babcock $lreeI M¢:lbo~ime. Plortda 32901.8221 (407) 723.4474 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST FROM FRATERNAL ORDER OF POLICE TO UTILIZE RIVERVIEW PARK NORTH FOR A CARNIVAL FUND RAISER Approved For Submittal By: City Manager ~' Agenda Number: Dept. Origin: Community Development Date Submitted: 02~18/93 (BC;/~ For Agenda Of: 02/24/93 Exhibits: 1. Letter dated February 1, 1993 from Lawrence Hardison EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Mr. Lawrence Hardison, President of the Fraternal Order of Police, is requesting the City Council to approval a fund raising carnival during the month of April on Riverview Park North (behind SuperAmerica). Mr. Hardison has stated that all licenses, insurance, bonds, or any other requirements that the City of Sebastian needs will be paid or furnished by the carnival people. Traditionally, the City Council has approved fund raising carnivals and waived the occupational license requirements for such events. Chief Earle Petty has confirmed that last yea~s carnival at location was held without any incidents and was professionally utilizing off duty police officers for security. the same organized RECOMMENDED ACTION Review the request of the Fraternal Order of Police for a fund raising carnival. ?.0. Box ?$2123 Sebastian, Florida 32978 SUBJECT: 1 February 199'3 Request to have Fund Raising Carnival within the City of Sebastian (April 93) I I THRU: Robert McClary, City Manager TO: Mayor Lonnie R. Powell Councilman, Frank Oberbeck Councilwomen, Carolyn Corum Councilman, Dr. Peter R. Holyk Councilman, Mr. George R. Reid During the month of April 1993, our organization would like to sponsor a fund raising carnival within the city of sebastian. The fund raising would be for the Fraternal Order of Police, Sebastian River Lodge #139. I I i I Our Organization would like approval from our Mayor and City Council for the use of city property located behind the Super America Station 1 County Road 512 and Indian River Drive to be used approximately 5 days that month. Any licenses, Insurance, Bonds, or any other requirements the City of Sebastian needs will be paid or furnished by the Carnival people. I i I Ail the members of our organization ask your support on the above so that we can put this money back into the community. We want to sponsor more recreation for all the children living in Sebastian. Lawrence Hardison President FOP Lodge #139 ~07Z I I I I I I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 I I SUBJECT: REQUEST FROM TREASURE COAST BUILDERS ASSOCIATION FOR SPECIAL I EVENT SIGNS Approved For Submittal By: - I City Manager ~ Dept. Origin: Community DeveloDment Date Submitted: For Agenda Of: Exhibits: 1. 02/~8j93 02/24/93 Letter dated February 17, 1993 from Gail Kavanagh I i EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: I I I I I I i I I SUMMARY STATEMENT Treasure Coast Builders Association is coordinating a "Parade of Homes" in the Sebastian area from March 19th through the 29th, 1993. The TCBA is requesting the following pursuant to Section 20A-15.6(F)(3) of the Land Development Code: Approximately 8 models located within the Sebastian Highlands will each display one sign approximately 6 square feet in size indicating the TCBA "Parade of Homes" logo and an entry number. The TCBA is also requesting directional signs to be placed within the right-of-way. In the past, I have approved temporary special event signs pursuant to Section 20A-15.6(F) for commercial property, religious, and educational facilities but, I feel the temporary signs within a residential area need to be approved by City Council. The City Council on March 11, 1992 approved a similar request for the Treasure Coast Builders Association and staff has no objection to their request this year subject to the following: The proposed signs on private property will be the same size of real estate signs within the residential area (6 square feet). Page 2 ! The directional signs will be similar in nature to an open house sign, that is already permitted within the right-of-way pursuant to Section 20A-15.6(A)(2). I RECOMMENDED ACTION · Move to approve the request from Treasure Coast Builders Associationl provided the off-premise signs shall not exceed 4 square feet in area, shall be located at least 5 feet from the adjacent road, and shall not~ exceed a height of 3 feet above the crown of the road. I I I I I I I I I I I I City of Sebastian POST OFFICE BOX 780127 [:3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407') 589-5330 ~ FAX (407) 589-5570 SUBJECT: REQuEsT FROM TREASURE COAST BUILDERS AssOCIATION FOR sPECIAL EVENT SIGNS Approved For Submittal BY, City Manager ) ) ) Agenda Number: Dept Origin Communi= Develo men= · : Date Submitted: ~ 03/04/92 For Agenda 0~: 03 11 92 Exhibits: Letter dated 3/3/92 from Gail Kavanagh EXPENDITURE REQUIRED' AMOUNT BUDGETED= APPROPRIATION REQUIRED~ ~STATEMENT -Parade of Homes" in Treasure Coast Builders Association is coordinating a the sebastian area from March 2Otb through the 29th, 1992. The TCBA is reques=ing the following pursuant o~ the Land Development code: will 1. Approximately 10 models located within the sebastian Highlands each display one sign approximately 6 square ~eet in size indicating the TCBA -Parade of Homes" logo and an entry number. 2. The TCBA is also requesting directional signs ~o be placed within the right-of-waY. In the past, I have approved temporary special even= signs pursuant =o Sec=ion 2OA-15.6 (F) for commercial proper=Y, religious, and educational facilities but, I ~eel the temporary signs within a residential area need to be approved by City Council. staff has no objections to the request based on the following: real 1. The proposed signs on private property will be =he same size of estate signs within the residential area. 2. The directional signs will be similar in nature to an open house sign that is already permit=ed within the right-Of-waY. Page 2 RECOMMSNDED ACTION Move to approve the request from Treasure Coast Builders Association provided the off-premise signs shall not exceed 4 square feet in area. shall be located at least 5 feet from the adjacent road. and shall not exceed a height of 3 feet above the crown of the road. SURE COAST BUILDERS ASSOC. PARADE OF HOMES - SIGN REQUEST~ I I I I I I I I i I I i I I i 02_-16-199~ 04:41PP1 FROP1 TCBA TO ~ ~ (~7) 464-T~ 287-7795 [~~~-] Ex~u~ve V~e P~id~t Fax 461-4054 COAST B DERS ASSOC ON 6560 S~ Fe~ ~ghmy, P~ Si ~de, Flofi~ 34952 February 17, 1993 ' Mr. Bruce C~r City of Sebastian P.O. Box 780127 Sebastian, FL 32978 RE: Waiver pursuant to Section 20A-15.6 F3 of the ~nd Development D~r Bruce, The Treasure Coast Builders Ass~iation is again this year putting t~ether a "Parade of Homes" in the Sebastian ar~ for March 19-28, 199~, a total of nine days. We have signs that we would like to put up for ~ch model entered [approximately eight). The signs are the same size as real es~te "for sale" signs and will have the TCBA "Parade of Homes" I~o on them. They would also have the entry number. Is this possible if we guarantee to place the signs onl~ during the Parade and pick them up as s~n. as th, Parade ends/ We also have small directional sings that say "~rade of Homes". Are they possible also~ ' This is our effort to help the economy and the industry in this area, Any help you a~d/or the City of Sebastian could give us for this end~vor,would be ~reatly appreciated. Thank you for your help. Gall Kavanagh Ex~ut~ve Vice President Treasure Coast Builders Ass~iation City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: SET PUBLIC HEARING FOR AN ) ) APPEAL OF THOMAS H. COLLINS REGARDING SITE PLAN APPROVAL FROM THE PLANNING & ZONING COMMISSION Approved For Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) ) ) ) Dept. Origin: Community Development (BC~] Date Submitted: 02/,.18/93 For Agenda Of: 02/24/93 Exhibits: 1. Letter dated July 22, 1992 from Thomas H. Collins 2. Letter dated February 8, 1993 from Thomas H. Collins 3. Memo dated February 18, 1993 from Planning & Zoning Commission EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of June 18, 1992, the Planning & Zoning Commission approved a site plan for Sebastian Inlet Marina subject to all parking stalls being 10 foot wide. Mr. Collins filed an appeal with the City Manager and asked that the matter be held in obeyance until the matter of the abandonment of Central Avenue was approved and ready for construction. Section 20A-10.4(A) of the Land Development Code requires the City Council to set a date for a public hearing to hear the appeal. After giving public notice thereof in such manner as the Council shall prescribe, at which time all interested parties shall have the right to appear before Council in regard thereto, the Council shall thereupon render its decision therein. The decision of the City Council shall be final, unless otherwise appealed to the courts. RECOMMENDED ACTION Move to set the public hearing for the appeal of Thomas H. Collins on March 10, 1993. 07~ Capt. Hiram's Home of the 'World Famous* R~ve~ Raw Bar ' Wat ,Jwnt,,Banquet Facilities · Catering e :. McOlary sti n ~ ~.,~. _ .,~//~/ I Box 780127 ~O0, o~z'~/ 32978 -~~ I July 22, 1992 Mr. Robert S. City Manager City of Sebastian Post Office Sebastian, Florida Dear Rob, Confirming our discussion on Monday, July 20, 1992, Sebastian Inlet Marina and Trading Company will continue to hold in abeyance its appeal of the decision by the Planning and Zoning Commission to require parking spaces ten feet wide in that portion of our site east of Indian River Drive. As you know, the continuance of the Central Avenue issue makes it logical, as you suggested several weeks ago, to wait before formally presenting our appeal, since these matters are both related to our overall site design. We continue to strive to develop our property within the constraints of economic prudence and in harmony with the interests of the City of Sebastian. Your continuing interest and assistance are, as always, very much appreciated. Sincerely, Thomas H. Collins By Car: 1606 IncIlan River Drive, Sebastian, FL 32958 By Boat: Marker 66 on the Intracoastal Waterway Phone: (407) 589-4345 FAX: (407) 589-4346 February 8, 1993 i I I I i I I I Mr. Bruce Cooper Director of Community Development/ Building Official City of Sebastian Post Office Box 780127 Sebastian, Florida 32978-0127, Dear Bruce, Please consider this letter our request to allow 9' parking spaces on our property known as Capt. Hiram's. You will recall, we appealed the decision of the Plannin~ and Zoning Board where they deferred the decision to Cit~ Council. We , are in the process of having our northwest parking lot repaved and restripe~, so a decision by the City Council at their March 3rd meeting would be most appreciated. Please give me a cai1 if you need any additional information. Sincerely, Thomas H. Collins i CC: I I I I i By Car:. 1606 Indian River Drive, Sebastian, FL 32958 Phone: (407) 589-4345 By .Boat: M;rker 66 on the intracoastsd Waterway City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 DATE; TO: MEMORANDUM February 18, 1993 Mayor and City Council I I THROUGH: Bruce Cooper Director of Community Development FROM: Planning and Zoning commission~ RE: Site Plan Captain Hiram's Please be advised that the Planning and Zoning Commission approved the revised site plan for Captain Hiram's at their regular meeting on June 18, 1992. The site plan was approved with the exception of nine foot parking stalls. The commission requested that 10 foot stalls be required. Should you have any questions or need any additional information, please feel free to contact me. i i I I I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 SUBJECT: BID AWARD FOR 7-GANG MOWER Approved For Submittal By: City Manager ) Agenda No. ~.O~Z~ ) ) Dept. Origin ,[jnance (LWN' ) ) Date Submitted 2-18-93 ) ) For Agenda of 2-24-93 ) ) Exhibits: Bid Tabulation Form ) ) ) EXPENDITURE REQUIRED: $18,500.00 AMOUNT APPROPRIATION BUDGETED: $21,650.00 REQUIRED: SUMMARY STATEMENT Six (6) bids were received for a 7-Gang Mower for the Golf Course, two of which were no bids. The apparent low bidder, Lesco, Inc. did not meet the specifications for at least three important items. Specifically they are: 1. Lesco only offers a 5, 6 or 10 blade reel and a 7 blade reel was specified as it cuts more evenly; 2. the bedknife to reel adjustment on the Lesco model is two handles on each reel that requires a wrench to adjust and a single hand worked knob was specified; and 3. there is no control tower on the Lesco model. Hector Turf bid a Toro model #33 457 that meets or exceeds all of the specifications. Toro parts are readily available and their service has always been excellent and the Golf Course has had excellent results with Toro equipment. Adequate funds are available and budgeted for this expenditure. RECOMMENDEDi ACTION Move to award the bid for a 7-Gang Mower to the best bidder, Hector Turf of Deerfield Beach in the amount of $18,500.00. I ~ I ~ I I ! City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 DATE: TO: FROM: THROUGH: RE: MEMORANDUM February 18, 1993 City Council Members and City Manager Lonnie R. Powell Mayor Kathryn M. O'Halloran City Clerk February 24, 1993 Agenda Item - Request City Manager Resignation I am placing an item on the February 24, 1993 City Council agenda entitled "Request for City Manager Resignation". sam I i I I I I I I i i i I I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT= Rive=view Park North Dedication Approval For 8ubmlttal Byt City Manager= Dept. of Origin~ Peter Holyk C°uncilmember Date Submitted= 2/18/93 For Agenda Of= 2/24/93 Exhibits= None EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: STATEMENT On October 23, 1991 the City Council authorized the purchase of a 2.2 acre tract adjacent to Riverview Park. This tract has been referred to as Riverview Park "North" and has been previously been referred to as the "CAY Corp." property. Under state law, the City Council can "dedicate" this tract of land as a municipal park which could be disposed of in the future only by a voter referendum. RECOMMENDED ACTION Move to direct the city Attorney to prepare the necessary legal documents for the "dedication" of the 2.2 acre Riverview North Park tract so that it could be disposed of in the future only by voter referendum. i of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: MEMBERSHIP APPOINTMENT TO THE CODE ENFORCEMENT BOARD Approved For Submittal By: City Manager ~ Agenda Number: Dept. Origin: Community Development (BC~ Date Submitted: 0~7./93 For Agenda Of: 02/24/93 Exhibits: 1. Letter dated January 18, 1993 from Damien Gilliams 2. Applications for Damien Gilliams John W. Falke, Harley T. Andrews and Mary P. Andrews EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of February 17, 1993, the Code Enforcement Board reviewed Mr. Gilliams application for membership appointment and recommended that he be appointed to another three (3) year term on the Code Enforcement Board. Mr. Gilliams is eligible for reappointment for another term. RECOMMENDED ACTION Move to appoint Damien Gilliams as a regular member to the Code Enforcement Board for a term starting March 1993 through March 1996. January 18, 1993 City of Sebastian P.O. Box 780127 Sebastian, Florida 32978-0127 Reference: Code Enforcement Board To: Code Enforcement Board Members I am requesting to be reappointed to the Code Enforcement Board (Realtor Position) for another three year term after my current term expires in March, 1993. Thank you. S' I! Post Office Box 780127 Sebasllan. ri. 32918-012z (407) 5Fig-,~233 MEMURRNUUM DIXIE : IU : FRLH : SLUJECI : January 26, 1993 Kathryn M. O'Halloran, City Clerk IHvestluator Gary McCarthy Want~a[ralt[ U~eck - aplJllcm,t Damian H. Gilliams check for wants/warrants rot the above referenced apollcant/board me, i~er reveal that: ~ No active wa,,L or ,arrant rot.subject Is on rile. ( ) fin active ,arra,,t rjr ,ant does exist and follow up will occur. Sebastlagn ~ollce L~uart,,mt '~'~' TO: FROM: SUBJECT: DATE: i City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 i i E M o I Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk Inves~i.~ation ~ Board A~lication Damien ~[. ~illiams January 22, 1993 I I I I Attached please find board application of Damien H. Gilliams for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. /js Enclosure I I i I I I I i I . 3. 4. 5. 6. ?. 8. APPLICATION T_qO SERVE O__N CITY B.QA, R.D, HOME TELEPHONE: BUSINESS ADDRESS; 9 RES~E OF ~DU~TXON ~ ~RI ~, · -., ' (use additional sheets if nece~a~ or su~it respa if available) 10. Voter regis~ra~io" ilO. ~ ~OZO 12. Length of Residen~ . ~/- ,,, 13. DO you hold · public o~fice? Yea__ No~ 14. Do you se~e on n Ci~ Board 15. PSEASE ~= T~ ,o~D(~) ~OU ~a,e n~ber in o~d,r of pr~f~e,~e wi~h ~ir,~ choice being *BOARD OF ADJUSTMENT ------ CEMETERY COMMITTEE Z~ ~ *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD ~ ~ *PLANNING AND ZONING HANDICAPPED COMMITTEE -- I 16. What q~lificstiOnS do YOU hs~e to se.r/~e on this b~rd? 5.67q I 17. Have you av6r ba~n convicf6d Of ~n~ £Slo~y or misdemeanor involving moral turpitude in this or any s~ate~ m Yes No ~ ' I hereby certify %ha~ I ~ ~Xifie~ ~o hol~ ~he ~i%ton for which ~his application i, mad%~ ~=~her, I ho~Oby eu%hort~ Ci~ of Seba~tian ~o invl~ig~%~.%he %~hfulnee~ o~ ~11 info~ation which I hay% p~ided in %his application. understand that any miSrepresents%ion or omission of fnfo~fion removal. . competence, or pe~amen~ imabili~ ~o per~o~ hi~ ~uties._ ~ur~h~r, ~ ~d~r~%apd ~ha~ %he. Ci~ CO~cil may any m~xc~aA ~ard ~em~r WhO x, arres%ed for a felo~ or for a misdemeanor related to ~he duties of his office or who ie indicated or info.ed against for %he co~ission o~ ~y felony or =isdemeanor. I ~reby auth?rize ehe seba~. ~~nepar~en% %o ~ ac=ire warran= check on m~ STATE OF FLORIDA \ws-form\applica%ion NotarF Public, .... ~, (Name of Notary, Printed or typed) ~r com~is~ion 2. 3. 4. 5. 6. 7. 8. 9. HOME 7S7 Oem~.se~ Avenue.! Sebastian, Florida ADDRESS : HOME TELEPHONE: ~)G7_388_L~651 BUSINESS: ~omeowners ~umding systems ind BUSINESS ADDRESS: ii31 Mir~ole Mi!...e.~Vero Beech, ~ 3~S~0 BUSINESS TELEPHONE: 407-770-4700 SOCIAL SECURITY NUMBER: DRIVERS LICENSE NUMBER: RESUM~ OF EDUCATION AND EXPERIENCE: (Florida} (use additional sheets if necessary or subm/t resume if available) 10. Voter registration no. 11. 12. 13. 14. 15. Are you a resident of the City? Yes x NO Length of Resideno!f 2 yr~ ~ mos Do you hold a public office? Yes No x Do you serve on a City Board at present? Yes No x PLEASE CHE~ THE BOARD(S) ~OUARE INTERESTED IN SERVING ON:' (Please number in order of ~reference with first choice being "1") *BOARD 0FADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD ' *CONSTRUCTION BOARD *PLANNING AND ZONING x HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board?.'' HaVinl~ resided in ~msny. amass, includin~ some oF the "~astes=.g~owing, '~ -" .,. I also ~el~e.,ve a !,ay~n's poin~ of view is i~or=~=, ~i~_T ~'r~res~in~." 17. What reasons do you have for wishing to se~e on an adviso~ board? A ~incere in~ere~ in broademim~ and developing the =i=y in which I live in the most p.~o.gressive: bu~; mos: sensible~, way. 18. Have you ever been convicted of any felony or any mis~'_.emeanor involving moral turpitude in this or any state? · Yes No × -" 19. Would you consider serving on another Board other than the ~ne(s) you selected above? Yes ~ No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any'misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the Cit~ Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanentinabllity to perform his official duties. Further, I understand that the City Council may 'suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. '' I hereby authorize the Sebastian Police Department to run an aotive warrant ch.c on -e. -"'k /2 ./., .. 19~, by '~, ,--~9.is personally known to me or has pr ~ _ as identification. I ..... [ N~e of No~a~ (Printed Co~ission No. \wa-form\application Mary P. Andrews 767 Dempsey Avenue Sebastt an, FL 32958 TELEPHONE: (407) 388-2651 EDUCATION: WORJ: HISTORY 10/90 1/91 AND 10/89 to 1/90 I 1112/83 Graduated from Albert Leonard Htgh School, Ney Rochelle, New York, completing three year Secretarial Practice Course ~th an A+ average. Iona College, New Rechelle, N. Y., one semester, class tn Government. New York University, one semester, class tn Psychology. Rember National Honor Soctety HALE INDIAN RIVER GROVES, Wabasso, Florida Custm,er SerYt~e Rep: Trucktng papers, drop shlps, main- taining mailing 11sts for catalogues, Accounts Receivable cor- respondence, customer orders and questions, data entry. Offtce Ass~staflt; Data entry, purchasing, reconstl- 1rig vendor's stateeents, ftltng typing, mtnutes, truck papers/ schedules, handltng all correspondence for Nr. Hale, the President. Set up new ftltng systems and better methods of recordkeeptng (for truck logs, etc.). Letter of recom- mendation ava11able. INOEPENOERCE HiGII SCHOOL, San ~lose, California I 4/7/89 Compe...n._~_.tor~ Education Secretary (Department Secretary) Set up and maintained ftllng systems, budgets and syste~l SKI LIS: of recordkeeptng for seven State and Federal Progrms con- ststtng of 42 projects, overseeing to the ftscal respenst- btllty of all Project Coordinators and progrm budgets. Ceepesed/Otstrlbuted mm correspondence/staff notlces. Purchasing, travel arrangements and preperatton/oversee~ng · onthly ttme cards for supplementary programs personnel. Coordinated School Staff Recognition Program. ik..ber IHS Staff Development Cemmt tree. Project Coordinator foe ZHS Classified Staff Development progrm for 1988-1989 school year. Published a Handbook foe Project Coordinators for school. Asststed Supplmntary Programs Coordinator In organizing and presenting Handbook at Project Coordinators workshop . tn August, 1988. klorked closel, y ~ith and sat on ZHS School Stte Counct] as governing board of all the Supplementary Programs. Neettngs, ~i nutes/~ai ~ tng 1 tsts. Typing(SS ~q~); Shorthand (80 wpm); computer, data entry; Xerox I~orym~ter; Kodak Ek~aprtnt; lO-key. Good municatlon skl]]s (wr~tl:efl, verbally, phone). Under~tand and speak conversational ~tal~an. OTHER FACTS: Had Federal Government Security Clearance to 'SECRET.' Addresses and job history prior to 1983 on reverse. List of references available. JOB EXPERIENCE CONTINUED KediPO~ER I'E~PO~RY SERVICES, San Jose, California. 1/82 to 1/83 Secretarial work for a variety of firms in the Santa Clara Valley, including Memorex Corporation and secretary to the Vice President in charge of Marketing for National Semiconductor. Took this opportunity to bring my secretarial skills back to a professional level and to familiarize myself with current office equipment and practices. From December, 1964, to January, I982, was retired from the business world, devoting full time to husband and family. Held on to my skills by doing volunteer work. FROM 1949 - 1964 FEDERAL AVIATION AGENCY. General Avtaiton District Office, Lindbergh Field,- San Diego, Calif6~nia, Secretary-Steno. General office work, certification and testing of pilots, accident and expense reports. BURKE FOUNDATION REHABILITATION HOSPITAL, White Plains, New York.· Secretary, Out Patient Department, and Secretary to Coordinator of Rehabilitation Services. Performed administrative duties inherent to the Out Patient Department, handled the coordination of rehabilitation programs for patients, light bookkeeping, patient scheduling/appointments, correspondence and medical transcription. FP, ANK P. BENNEI']' & COld'ANY, New York, NY. Secretary to Vice President. Publisher of an investment, banking, and insurance magazine. Secretarial Duties, phones, correspondence, receptionist, advertising records. PARAMOUNT FII. M DI$11~iBUI'ORS, INC.', Los Angeles; CA, Confidential Secretary to Divisional Sales Manager. Typing, filing, phones, correspondence. SOUTH-WESTERIt PUBLISHING COMPAN), New Rochelle, NY. Private Secretary to Assistant Manager. Shorthand, typing, correspondence, and maintained stock inventory. BOY SCOUTS OF AMERICA, New Rochelle, NY, Junior Secretary General Office Work, receptionist, typing, filing, mailing lists, certification of Scouts, minu~es and meeting notices. Independence High School 1776 Educational Park Drive San Jose, CA 95133 {408) 729-3938 Diane Guidici, Coordinator State and Federal Programs ADDR~.$S£S Hale Indian River Groves 9255 U. S. Hwy. 1 Wabasso, FL 32970 {407) 589-4334 Mary Manser Office Manager m m m m ! RESUME UPUATE For Mm___ry P- Andrews From I/~2 present homeowners Funding systems inc, 1131 Miracle Mile, \taro Beach~ FL ~2~BO PHONE'i' 407-770-4700 Secretary ~o Pres~den~ and principal broker, Mr. Marion W. Am also Treasurer oF ~he I~alian-Amerlcan Club oF Sebastian, ;rice Chairman oF ~he ~t. Sebastian's Women's Guild, ~venin~ OEvislon, and a member oF Beta Sigma Phi, Veto Beach Laureate Iota Cha~ter. TO: FROM: SUBJECT: DATE: City of Sebastian POST OFFICE BOX 780127 O SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 M E M 0 Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk I I I I [nyei~pation - Board ADmlica~ion ~ P. Andrews December 28, 1992 Attached please find board application of Mary P. Andrews for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. /js Enclosure I I I I I I I I I I SEIIASTIAJ POLICE I)F,I'AI(Tbl i ;,N'I' Emlo L. Polly. Ghte! o! Police Vo~t Otllce aox Sebastian. FI. 32g/B-Oft M E H U I1 A ti U U H DAlE IU FllU.I SIJU.JEC! December 31, 1992 Kathryn M. O'Hal[o:an, City Clerk invest]ua[or McCarthy Waflt/'Wo[tOflt [l~ck - RlqJllcanL Mary P. Andrews A ct~eck ror wanLs/warranL$ For the. above referenced apoltcanL/board menber reveal ti,at: ~ No active wa,,t ur warrant For .subJect Is t,n rile. ( ) An active ,arra!,t ,Jr want [Joes exist and Follow up will occur. InveStlgat~ ' --- ~ Sebastian Police Deuart,e!,t ~ APPLICATION TO SERVE ON CITY ~ ~. ~.: ~o~ w,~ ~'~.. ..~ ....... T_-~,~ --- x,,,~-'~¢?' 4. BUSINESS: _ ~; 5. BUSI~SS ~DRESS: -- 9. RES~E OF EDUCATION ~ EXPERI~CE. ~0~ (use ad~tional sheets if necessa~ or submit res~e if available) 10. Voter registra~ion no. ~ t~~ " 11. ~e you a resident of the Ci~? Yes / No 12. Length of Residen~ ' ~ ~O~ 13. Do you hold a public office? Yes No~ 14. Do you se~e on a Ci~ Board at present? ~es No / 15. PLEASE ~ECK THE BOA~(S) YOU ~E I~E~ST~ IN SERVING (Please n~ber ~ order of preference with first choice being "1" ) ', *~O~ OF ~TERY CO~I~ *CODE ~ORC~ BOA~ *CONSTRU~ION BO~ *PLYING ~ ZONING ~I~PED CO~ITTEE What ~alifi~ations do you have to se~e 16. 17. What reasons do you have for wishing to serve on an advisory board? i I I ~8. Have you ever been.convicted of any felony or any misdemeanor involving moral turpitude i~ this or any state? I ~":"~ - Yes No / i 19. Would you consider se~ing on another Board other than the one(s) you selected above? Yes / No I hereby certify that I am qualified to hold the position for I Further, I hereby authorize the which this application is made. City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I Iunderstand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, m/sfeasance, neglected duty, habitual drunkenness, I incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a Imisdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an I active warrant check on me. ppll si n&ture ..... , .... I ~ has produced~L~A~G~0~-~~~-~ as identification. ( SEA ) \w$- form\ app 1 ication ~~orida Name of ~o~ary (Printed or Typed) Commissio5 No I S Ell, *,S 1 IAN ,. . Emlo g Potly, Chief of ~,J _E _~ u ~j n u t~ u ~ D/~IE : IU : FllU.t : SLUJECI': December 31, 1992 Kathryn M. O'Halloran, City Clerk [IIVeS[]uaLur McCarthy Wao[/Wa[[af;[ ~l~ck ~ ~J|cafit John W. Falke ctleck for wnnts/warrants rot the above referenced apolicantAJoa[d reveal ti;aL: ~ No active ,a~,t ur ,arrant rot.subJect ls [.~ rile. ( ) ~n active ~mrrar,t ,n' ,ant does exist and roi. lo. up ,H! o~cur. Sebastian ~oollce 0euart,,e,,[ ~ I City of Sebastian POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA :32978 TELEPHONE (407) 589-5330 M E M 0 TO: FROM: Earle Petty, Chief of Police Kathryn M. O'Halloran, city Clerk SUBJECT: Investiaation - ~ APPlication John W._._ Fa~ke DATE: December 28, 1992 Attached please find board application of John W. Falke for investigation, in accordance with Resolution No. R-89-13, to serve on a city Board. /js Enclosure JOHN W. FALKE, P.E. 257 MAIN ST. (407) 589-8065 SEBASTIAN, FLORIDA 32958 CAREER HISTORY ACCOMPLIS~{ENTS RELATED WORK EXPERIF.NCE Thirty years of increasingly responsible experience in facilities engineering and planning, public works department manage- ment, and environmental program direction and oversight. Managed a master planning, engineering design and construction program which averaged $80 million annually, and a facilities operation, maintenance, and repair program of over $150 million annually. Initiated redesign and revalidation of re- quirements for a world-wide hazardous waste storage facility program which eliminated poorly Justified facilities and reduced the cost per square foot of the others, thereby saving over $50 million. Directed a 450 person public works department which provided land use planning, facilities engineering, maintenance, minor construction, utilities, vehicle and heavy equipment oper- ation and maintenance, telephone service, operation and maintenance of 1000 housing units, refuse collection, landfill operation, and environmental compliance program. Directed an accredited school with 125 staff and faculty teaching construction skills at the entry through journeyman levels to over 9000 students per year. 1987-1991 Chief, Installations Division, Def- ense Logistics Agency, Alexandria, VA. 1985-1987 Assistant for Facilities, Navy In- spector General, Washington, D.C. 1983-1985 instructor, Department of Profes- sional Development, Armed Forces Staff College, Norfolk, VA. 1980-1983 Public Works Director, Roosevelt Roads, Puerto Rico 1976-1980 Commanding Officer, Naval Construc- tion Training Center, Gulfport, MS. I I i I I I I I i I I I I I I i I I I EDUCATION REFERENCES JOHN W. FALKE, P.E. Master of Engineering in environmental eng- ineering from the University of Florida. Bachelor of Science in civil engineering from Michigan Technological University. Available upon request. 257 MAIN ST. (407) 589-8065 SEBASTIAN, FLORIDA 32958 257 Main St. Sebastian,FL 32958 December 23, 1992 Mr. Robb McClary Sebastian City Manager City Hall 1225 Main St. Sebastian, FL 32958 Dear Mr. McClary: I would like to apply for a seat on the Sebastian Plannin and Zoning Commission I believe ~-~ ...... g - ' ~a~ ~ ~m =norougn~y qualified to serve the. residents of Sebastian in this position, having a background that blends a knowledge and appreciation of facilities engineering, long-range planning, management, and important ! ! ! ! ! ! ! environmental concerns with the reality of · economics and common sense. I am a registered professional engineer. I retired from the Unites States Nav~ in 1991 after serving almost 30 years as a civil engineer. I have worked successfully with me_mbers of congress and their staffs, federal agencies such as the ~nvironmental Protection Agency, and with the county government in Alachua County, Florida. I have had the experience of serving on a school board in North Carolina and on environmental commissions within the Department of Defense. During a break in my military career I worked as a construction engineer for a major chemical company and i have owned a small retail business. My wife and I bought a house and moved to Sebastian las P ~ously l~ved in St Au=ustine G~ ..... =- ...... h ......... lor}oa. We live ~n Sebastian full time and will u~e:~y De long term residents. Although I am r-~-a ? -- .. _ · ~ - ~==~ a can relate to the retired res~oents of the city as well as the younger residents I have the time available to ' devote to doing a good job on the Commission and I have a personal interest in seeing my adopted city develop in a sensible and cost effective manner. I am. available to meet with you, or with any other selecting official, at your convenience. Please call me at 589-8065. Sincerely, Jo~n W. Falke ! ! 2. 3. 4. 5. 6. 7. 8. 9. NAME: HOME ADDRESS: HOME TELEPHONE: BUSINESS: N~ Tee: BUSINESS ADDRESS: 2Od~ ~71~7" ~)~.~ Melbourne, · BUSINESS TELEPHONE:~ 7~F--- O0 C// SOCIAL SECURITY Nb~ER: ~ ~ DRTVERS LZCENSE NUMBER: /~.~'-3~ RESU.E OF E~UCATION AND EXPERIENCE: I I I i I I i I I I (use additional sheets if necessary or submit res~e if available) 10. Voter registration no. ~~1_ 11. Are you a resident of the City? Yesx_~ No__ 12. Length of Residency ~ vrs 4 moe. 13. Do you hold a public office? Yes NoK 14. Do you serve on a City Board at present? Yes__ No~y~_ 15. PLEASE CHECK THE BOARD(S) YOU ARE iNTERESTED IN SERVING ON: (Please number An order of preference with first choice being "1" ) *BOARD OF ADJUSTMENT CEMETERY COP~ITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PL~d~NING A/~ ZONING ~ , ~)r HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? ~n0 ~-~ oF ~t ~ ~i~v need~ [smd doe~_.not need) 17. What reasons' do]'~,?u have 'for wishing to serve on an advisory board? : ~ ' ' par.t oF thi~ one. 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes .... No x ..... 19. Would you consider serving on another Board other than the one(s) you selected above? Yes x No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand.that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for ~alfeas.ance, misfeasance, neglecte4 duty, habitual drunkenness, ~n~mpete~ce, or permanent inability to perform h_is official au=~es. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is' I ~reby authorize the Sebastian Police Depart~ent to run an ac=lye warrant check on me. pplican~ignatura '" Sub_s.cribed and sworn to before me this~ day of~, .sg , by ....... , who is perso =o me or nas produced ~%~f/x]~ /'/'~/$~'//;d-3~.~.~- as identification. ( SEAL ) ~ Public, State af ~ida : \ws-form\aDplication I I City of Sebastian I I POST OFFICE BOX 780127 13 SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 M E M O I I TO: FROM: Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk SUBJECT: Investi%ation - Board AnDlication ~ T. Andrews I DATE: December 28, 1992 I i I i i I I I I I Attached please find board application of Harley T. Andrews for investigation, in accordance with Resolution No. R-89-13, to serve on a city Board. /js Enclosure OfllE IU FRU.t SLUJECI' :, Wa,,t~a[ranL Cl~ck - flplJllcanl check for wn. ts/war[a, ts rot the above ne,ret reveal U,at: : December 31, 1992 . Kathryn M. O'Halloran, City Clerk : Illves[JuoLur McCarthy Harley T. Andrews [ere[enceO aMI leant/board ~ No active wa,,t or ~arrar,t for.subJect Is on rile. ( ) an active ,arra,,t ,Jr ,a,,t ,Joes exist and Follow up ,111 occur. I i I I I invest !gatug/ - Sebas t lan Poi Ice l)eua r lne, t I I I I N~ME: KDDRESS: TELEPHONE: DATE OF BIRTH: MARITAL STATUS: RESUME Harley T. Andrews 7580 Greenboro Drive West Melbourne, FI~ 32904 (407) 728-5983 December 3, 1934 Married · 2 Sons Spouse: Ma ry James, Age 24 John, Age 21 4/7/69 to 4/7/89 6/54 to 6/58 Reentered USN 3/59 to 2/69 EDUCATION OTHER FACTS: XEROX CORPOP, ATION: Customer Service Engineer Started as a copier technician for approximately two years. For the past 18 years, worked on facsimile machines, groups 1, 2, and 3, electronic typing com- munication systems with disc drives and computer in- terface; work stations, both networking (Xerox Ethernet) and communications, with Xerox"608~5~ 8000 and servers, as well as facsimile; also trained on 80 and 300 megabyte drives. UNITED STATES NAVY= First Class Aviation Electricians Mate From 1960 to 2/69, worked on single engine jet and single and multiengine r~ciprocal aircraft testing, trouble-shooting and repair of aircraft electrical systems from schematics and wiring diagrams. Also worked on various mechanical instruments, electrical instruments, electro hydraulic control systems', synchr6s and servo mechanism, and gyros and compass systems. From 1962 to 1965, set up and managed the meter calibration program at NAS Miramar, San Diego, California, which calibrated and repaired various types o~ multimeters and vacuum tube volt meters. Also performed frequency response tests. Served as Shop Supervisor and Qualtiy Control Inspector at NAS Lemoor from 1966 to 1969- June, 1954, graduated from Rush-Ilenr[etta lligh School in Rochester, New York. Attended San Diego Junior College in 1958 working for an Associated Arts Degree in Electronics. U. S. Navy Schools: Success[u[ly completed Aviation Electricians Mate Schools, Class "A" and Class which covered basic and advanced electrical and elec- tronic theory and application with related subjects- Also completed various supplem(.:ntary courses in the Naval Air Technical Command ~ocl~ding Lear Vertical Gyro Indicating System a~d AJl~3/All-Attitude Bombing Navigational System. }lad a National Agency secur~.ty check up to and including SECRET during Naval tour of. duty. /67 [,),m,p.~,~,? Av,,mu., Sebastian, Florida (407.) 388-265] RESUME UPDATE NEW ADDRESS: IELEPIIONE: 767 Dempsey Avemm Sebastian, FL 32958 (407) Work Experience: 4/90 to present MC TESI' - Test technician, testinu ¢ir('_uil.: I.,(,~t,!". I City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Elkcam Waterway Claims ) Approved for Submittal City Manager ) Dept. of Origin= City Manager (RSM) ) ) Date Submitted 02/18/93 ) ) For Agenda of 02/24/93 ) ) Exhibits= ) - Proposed Settlement Agreement ) (Pages 1-19) EXPENDITURE REQUIRED: $72,585.53 AMOUNT BUDGETED: -0- APPROPRIATION REQUIRED: $72,585.53 SUMMARY STATEMENT In October, 1991, flooding occurred in the Elkcam Waterway over a period of several days and the Elkcam Dam was breached. The breach of this earthen structure caused damage to bulkheads, seawalls and other property along the Elkcam Waterway. Subsequently, several property owners filed claims with the city for damages. Special legal counsel, James Fallace has negotiated a settlement with the claimants, whereby the City would agree to reimburse the property owners a collective total of $72,585.53 to repair the seawalls and bulkheads. The proposed Settlement Agreement would be subject to the approval of all claimants, would require each claimant to repair the seawall, bulkhead or related damage, would release the City from all claims, and would not be an admission of liability in behalf of the City. For your information, I have copied pages 1-18 of the proposed Settlement Agreement. Pages 19-38 of the contract are signature pages and notary statements and the balance of the contract are copies of the various property deeds. The entire contract is on file in City Hall for your perusal. A total expenditure of $72,585.53 is necessary to create a "Damage Fund" as full and complete settlement of all claims. While this money is not currently budgeted, there are sufficient unencumbered General Fund Reserves to cover this expense. RECOMMENDED ACTION Move to authorize and direct the Mayor and City Clerk to execute the proposed Settlement Agreement for the Elkcam Waterway claims and to appropriate the sum of $72,585.53 as a "Damage Fund" for full and complete settlement of said claims. SETTLEMENT A~REEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is by and between the CITY OF SEBASTIAN, FLORIDA, a Municipal Corporation created under the laws of the State of Florida (hereinafter "Sebastian") AND NANCY L. BALLARD ("Ballard") WILLIAM N. AND VIRIGNIA M. BERTRAM ("Bertram") STEWART AND PRISCILLA S. CLAYPOOLE ("Claypoole") DONALD F. GARBUTT ("Garbutt") JOHN A. AND LOUISE J. HLADISH ("Hladish") EILEEN F. KNIGHT ("Knight") MARTHAM. MONK ("Monk") MARY F. CANDY KANE p/k/a MARY F. MONTGOMERY ("Kane") RICHARD V. PETRAITIS ("Petraitis") JAY R. AND KATHY J. PRICE ("Price") WILLIAM H. AND BETTY MAE PRUETER ("Prueter") EVELYN C. SENTANCE ("Sentance") SHADE A. AND REBECCA WOOTEN ("Wooten") THE ESTATE OF CECIL R. HUNTON, deceased by it's Personal Representative THOMAS E. HUNTON ("Hunton") (hereinafter collectively referred individually as "Claimant"). to as "Claimants" and RECITALS A. Claimants are all residents of the City of Sebastian, Florida, and own real property abutting the Elkcam Waterway in the vicinity of the Elkcam Dam, all of which are located within Sebastian, Florida. B. Additionally, each of the Claimants has a seawall or bulkhead on their property which abuts the Elkcam Waterway° C. In October of 1991, flooding occurred in the Elkcam Waterway over a period of several days and the Elkcam Dam was breached (hereinafter referred to as the "Occurrence") thereby causing damage to the bulkheads, seawalls and property owned by Claimants. D. Claimants have individually asserted claims against Sebastian and contend that Sebastian was responsible for damage to the property of Claimants, and Sebastian has denied any responsibility or liability to Claimants in connection with the Occurrence. E. The parties desire to settle any and all claims and disputes between them in connection with the Occurrence. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises set forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Damaqe Fund Account. Sebastian shall pay the total sum of SEVENTY TWO THOUSAND FIVE HUNDRED EIGHTY FIVE AND 53/100 DOLLARS ($72,585.53) ("Damage Fund") as full and complete settlement of all claims of Claimants to be disbursed to Claimants in accordance with this Agreement for the purpose of repairing damage to the seawalls, bulkheads and property of the individual Claimants damaged by the Occurrence. All payments from the Damage Fund shall be used by Claimants solely for repairs to bulkheads and seawalls (except as otherwise specifically provided herein) owned by claimants and damaged during the Occurrence. References herein to Claimant's "Property" are limited in scope to such property damaged by the I i I I I I Occurrence. The maximum amount which shall be paid by Sebastian and Sebastian's total obligation to all Claimants collectively shall be SEVENTY TWO THOUSAND FIVE HVJNDRED EIGHTY FIVE AND 53/100 DOLLARS ($72,585.53). Each respective Claimant will receive the following maximum distribution from the Damage Fund: N, AME, NANCY L. BALLARD AND EILEEN F. KNIGHT (JOINTLY) WILLIAM N. AND VIRIGNIA M. BERTRAM STEWART AND PRISCILLA S. CLAYPOOLE DONALD F. GARBUTT JOHN A. AND LOUISE J. HLADISH MARTHA M. MONK AND EVELYN SENTANCE (JOINTLY) MARY F. CANDY KANE RICHARD V. PETRAITIS JAY R. AND KATHY J. PRICE WILLIAM H. AND BETTY MAE PRUETER SHADE A. AND REBECCA WOOTEN THE ESTATE OF CECIL R. HUNTON, DECEASED MAXI~ DISTRIBUTION OF DAMAGE FUNDS $ 7,895.65 $ 2,508.03 $ 5,573.40 $ 7,895.65 $ 8,360.10 $ 4,737.39 $ 5,016.06 $ 2,786.70 $ 8,081.43 $11,825.47 $ 7,895.65 $ 10.00 Sebastian shall not be required to pay any additional fees, expenses or other amounts to claimants or any contractors performing services on Claimants' property. Conditions Precedent ~o Sebastian's Q~..~iqations. The obligations and duties of Sebastian pursuant to this Agreement are contingent upon the complete and timely performance or occurrence of each of the following conditions, unless waived, in writing, by an authorized representative of the City of Sebastian: (a) Each individual Claimant shall contract with a "qualified contractor" (defined herein) to perform repairs on the Claimant's property pursuant to a Repair Contract (as defined herein) which is approved by Sebastian. Each Claimant shall deliver to Sebastian, a copy of their respective Repair Contract within ten (10) days after this Agreement is signed by Sebastian. The Repair Contract must meet all requirements of this Agreement and be approved by Sebastian or its authorized representatives. It is understood and agreed by the parties that Sebastian shall not be construed to be a party to any Repair Agreement between the individual Claimants and a qualified contractor. Nor shall said qualified contractors be construed as third party beneficiaries of this Agreement. For purposes of this Agreement, a "qualified contractor" shall be defined as a contractor which has as a general contractor's license issued by the State of Florida, and valid occupational license with the city of Sebastian; and a contractor who has more than five (5) years experience in the construction or repair of seawalls and bulkheads; (b) An authorized representative of Sebastian approves detailed plans and specifications identifying the repairs to be performed on Claimant's property which shall be submitted by each Claimant; (c)) This Agreement is signed by all Claimants; (d) This Agreement is approved by the City Council for the City of Sebastian, Florida, and all statutory requirements (including, if applicable, without limitation, all requirements set forth in §164.106, Florida Statutes) have been complied with by all parties hereto; I i I I I I I I i I i i i (e) (f) Ail representations and warranties of Claimants set forth in this Agreement shall be true and correct in all respects; Each Claimant shall deliver to Sebastian copies of all insurance policies, claim forms, assignments or other I I documents necessary for Sebastian to receive a complete assignment of all rights under any and all insurance policies issued to or for the benefit of each respective claimant which may provide coverage for the damages to Claimant's property as a result of the Occurrence. (g) Each Claimant must apply for and receive all building and other permits from Sebastian and any applicable County, State or other authority for construction of applicable seawalls and other structures in accordance with each Repair Contract. If any of the conditions set forth in this paragraph 2 are not satisfied as determined in the sole discretion of Sebastian, Sebastian shall have no obligations to Claimants. If Sebastian discovers that any condition has not been satisfied after payment is made to any individual Claimant, Sebastian shall have the right, in the sole discretion of Sebastian, to withhold payments to any other Claimants and recover previously delivered payments from the respective Claimant(s) and such Claimant(s) shall immediately return all distributions to Sebastian. Upon complete and timely performance or occurrence of the foregoing conditions precedent, Sebastian shall distribute to each individual Claimant thirty (30%) percent of their respective portion of the damage fund identified in Paragraph 1 herein. Upon complete and timely satisfaction of all obligations by Claimants pursuant to this Agreement and completion of all repairs in accordance with the Repair Contracts, Sebastian shall pay to each Claimant the remaining portion of the damage fund due to each Claimant by check, made payable jointly to said Claimant and the respective contractor. Sebastian shall have no further responsibility to any Claimant upon distribution of the damage funds in accordance with this Agreement. 3. Time. For purposes of performing all conditions set forth in this Agreement, time is of the essence. 4. Repairs/Repair Contracts. All disbursements from the Damage Fund shall only be utilized by each individual Claimant for repair of the damaged seawall and bulkheads (except that Prueter may utilize a portion of the Damage Fund for repairs to her irrigation system on her property) and if any portion of the funds disbursed to the respective Claimant is not utilized for repair of the seawall or bulkhead, Sebastian shall have a right to recover said funds from the Claimant and the Claimant hereby agrees to immediately repay such funds to Sebastian. For purposes of this Agreement the term "Repair Contract" shall mean the Contract entered into between each respective Claimant and their qualified contractor. Each Repair Contract shall provide that the repairs and work to each Claimant's property sha~l be performed in a good and workmanlike manner in accordance with reasonable construction standards set by Sebastian's City Engineer; and all repairs shall be completed within 180 days of the date this Agreement is signed by an authorized representative of Sebastian. Additionally, each Repair Contract shall include detailed plans, engineering drawings and specifications identifying the structures, seawalls, bulkheads and repairs to be made to the respective Claimant's property and said plans and specifications shall be deemed a part of the Contract. All Repair Contracts and all obligations of Sebastian pursuant to this Agreement are expressly contingent upon and subject to the approval of an authorized representative of the City of Sebastian. All Repair Contracts shall also comply with the requirements of all zoning, building, fire and other code or ordinance requirements of the City of Sebastian and any and all other applicable county, municipal or state authorities. The parties hereto agree that Sebastian assumes no responsibility in connection with its inspection or approval of claimants' property, the standards set by the City Engineer for repairs, or the repairs performed pursuant to the Repair Contracts; or Sebastian's approval and examination of the Repair Contracts and any plans or specifications included therein. Each individual Claimant recognizes that any inspections performed by representatives of Sebastian are not performed on behalf of the respective Claimant and do not create a duty of any kind on the part of Sebastian to the Claimant or any third parties. Each Claimant hereby, jointly and severally, waives any claims, causes of action, actions and any right(s) to assert that Sebastian is responsible for any damages or defects arising from or in any way connected to the repairs or any structures, seawalls or bulkheads which are the subject of the Repair Contracts. 5. Enforcement of Covenants. This Settlement Agreement and all exhibits thereto may be recorded in the public records of the county in which each Claimant's property is located, by Sebastian or any party to this Agreement, including each individual Claimant, 7 and the terms of this Settlement Agreement shall be considered covenants, running with the land of each individual Claimant identified in this Agreement and the exhibits hereto, and shall be binding upon the owners of such real property existing now or in the future. Each Claimant hereby agrees that they shall, jointly and severally, have the right to enforce the provisions of this Agreement requiring each Claimant to utilize damage funds only for repair of damaged seawalls and bulkheads as well as the requirements set forth herein concerning construction of the damaged seawalls and each individual Claimant's property. The parties hereto acknowledge and agree that Claimants and Sebastian shall be entitled to specific performance of the terms, provisions and covenants set forth in this Agreement and that any damages available to such parties if an individual Claimant or Claimants fail to perform their respective obligations pursuant to this Agreement are inadequate. Sebastian, its attorneys, agents, employees and representatives shall have no liability or responsibility to any Claimant and all claimants hereby waive any such claims, causes of actions or right of action resulting from or in any way connected to the inability or failure of any Claimant to enforce any provision of this Agreement against any other claimant. Each Claimant hereby jointly and severally acknowledges that the law firms of Frese, Nash & Torpy, P.A. and James H. Fallace,. P.A. and their respective attorneys are only representing the City of Sebastian in connection with this Agreement and said attorneys are not providing any legal services for or on behalf of any Claimant in connection with this Agreement. Each Claimant is hereby advised to seek the advice and counsel of their own respective attorneys in connection with this Settlement Agreement. 6. AssiGnment of Insurance Claims. Each Claimant, jointly and severally, hereby irrevocably assigns any and all claims and rights (including the right to receive payments, file claims, and pursue recoveries) that they may have under their respective insurance policies to Sebastian for any and all damage to the Claimant's property as a result of the Occurrence. Each Claimant shall cooperate with Sebastian in filing, processing and recovering any and all insurance proceeds by Sebastian and shall provide copies of all insurance policies to the City of Sebastian within ten (10) days after the execution of this Agreement insuring property damage, homeowner coverage, umbrella coverage, excess coverage, fire or windstorm damage or any other coverage which Sebastian determines may provide coverage to the Claimant(s) concerning the Occurrence. Th~s Agreement shall constitute a irrevocable assignment of any and all such claims and each claimant agrees to execute any and all others documents, assignments, or other papers necessary to carry out the terms of this assignment to Sebastian. 7. Release of All claim~.~. Claimants hereby, jointly and severally, release and forever discharge Sebastian, General Development Corporation, the Florida Municipal Liability Self Insurers Program, and the Florida League of cities, their employees, officers, shareholders, council members, mayor, directors, agents, attorneys, representatives, estates, insurance companies, heirs, affiliates, subsidiaries, parent corporations, assignees, and successors from all claims, demands, actions, judgments, awards, and causes of action for any damages, costs, expenses, liabilities, obligations, commissions, fees, salaries, fines, assessments, debts, attorney fees and expenses of whatever kind or nature which the undersigned may have or now has by reason of any matter or cause whatsoever from the beginning of the World through the date of this Agreement, including, but not limited to: a. claims for breach of any duty created, established or imposed by (i) any contract or other agreement, written or oral, express, implied, or otherwise arising by operation of law; (ii) any law, statute, ordinance, rule, regulation or other positive enactment having the force of law; (iii) any instrument, document or other writing; or (iv) any fiduciary relationship; b. claims arising from any intentional, willful, reckless or negligent misconduct; c. any claims arising from or in any way connected to the Occurrence as defined in this Agreement; d. any repairs, construction or renovation to claimant's property in connection with or in any way relating to Repair Contracts; e. any Repair Contracts and any and all requirements imposed by Sebastian in connection with the repairs pursuant to the Repair Contracts. It is expressly understood and agreed that this Release is intended to cover, and does cover, not only all known losses, expenses, 'liabilities, obligations, debts, actions, causes of actions, claims, damages, and injuries of every nature and description, but also any future injuries, liabilities, debts, 10 I I I I I i obligations, expenses, losses and damages not now known or anticipated, but which may later develop or be discovered. 8. Indemnification. The Claimants, jointly and severally, hereby agree to defend, indemnify and hold harmless, Sebastian, its employees, representatives, attorneys, agents, council members, mayor, officers, successors and assigns from all claims, demands, judgments, liabilities, obligations, attorney fees, costs and expenses of whatever kind or nature relating to any of the following: Any repairs, construction or renovation to Claimants' property or any contracts relating thereto; Any personal injuries, bodily injuries, property damage relating to repairs, construction or renovation of Claimants' property pursuant to this Agreement or any repair Contract; Any claims by any contractors, materialmen, subcontractors, suppliers or vendors in connection or in any way relating to any repair contracts; The Occurrence as defined in this Agreement; e. Any claims of tenants, mortgagees or other individuals or entities owning an interest in any property identified as Claimant's Property herein relating to the Occurrence; 9. Covenant Not to Sue. Claimants, jointly and severally, hereby covenant to forever refrain from instituting, maintaining, pressing, collecting or in any way proceeding upon any and all claims, lawsuits, demands, debts, damages, injuries, actions or right of action of any nature whatsoever, whether known or unknown, which the undersigned Claimants had, now have or may have against Sebastian, its employees, representatives, attorneys, agents, 11 council members, mayor, officers, successors and assigns, individually or in a representative capacity, on account of, arising out of, based upon or in any manner connected with the Occurrence, including, but without limitation, any alleged breach of duty, negligence, strict liability or breach of statutory duty on the part of any parties or any Repair Contract executed pursuant to this Agreement. 10. ~imitat~on of Release. It is expressly understood and agreed by and between and among the parties to this Agreement that the covenants of this Agreement are not intended to release or discharge any claims that any respective Claimant has pursuant to any applicable insurance policy issued for the benefit of such Claimant and which is hereby assigned to Sebastian. 11. ~iab%~ty. The parties acknowledge that this Settlement Agreement constitutes a compromise and settlement of disputed claims, and this Agreement and the actions taken pursuant thereto do not constitute and shall not constitute an acknowledgement or admission on the part of any party of any liability for any matter or precedent upon which liability may be asserted. 12. Reliance UPon Promises. The Claimants hereby represent and warrant that they are not relying upon any statement or representation of anyone as an inducement to enter into this Agreement except as set forth in this Agreement; that each Claimant is of sufficient age to sign this Agreement, and that before signing this Agreement each Claimant has fully informed himself/herself of its contents and meaning. 12 13. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute but one Agreement. 14. Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Florida and venue for its enforcement shall be in Brevard County, Florida. 15. Binding. ~ffect. The parties hereby agree that this Agreement shail be binding upon and inure to the benefit of the respective parties hereto and their respective legal representatives, heirs, estates, successors and assigns. 16. Evidence. This Agreement may be offered and admitted into evidence in any court of competent jurisdiction. 17. RePresentations and Warranties of Claimants. With the understanding by each individual claimant that Sebastian is relying upon the following representations and warranties as an inducement for Sebastian to enter into this Agreement, the Claimants, jointly and severally, represent and warrant to Sebastian as follows: 17.01 William N. and Virginia M. Bertram are married to each other and they are the fee simple owners of the real property described in Schedule 17.01. 17.02 Nancy L. Ballard and Eileen F. Knight are not married and they are the sole fee simple owners of the real property described in Schedule 17.02. 13 17.03 William H. and Betty Mae Prueter are married to each other and they are the fee simple owners of the real property described in Schedule 17.03. 17.04 Richard V. Petraitis is not married and is the sole fee simple owner of the real property described in Schedule 17.04. 17.05 Donald F. Garbutt is the sole fee simple owner.of the real property described in Schedule 17.05. From June 4, 1989, through November 1, 1991, Donald F. Garbutt was continuously married to Anna Mae Garbutt. Anna Mae ~arbutt died on November 1, 1989, and prior to her death, both Donald F. Gar~utt and Anna Mae Garbutt held title to the property described in 17.05 as tenants by the entirety. At all times relevant and on the date of his wife's death (November 1, 1989), Donald F. Garbutt was a citizen of the United States of America. Donald F. Garbutt has not remarried and is a single person. 17.06 Jay R. and Kathy J. Price are married to each other and they are the fee simple owners of the real property described in Schedule 17.06. 17.07 John A. and Louise J. Hladish are married to each and they are the fee simple owners of the real property described in Schedule 17.07. 17.08 Evelyn C. Sentance and Martha M. Monk are not married and they are the sole fee simple owners of the real property described in Schedule 17.08. 14 I I I I I I i! I I I I I I 17.09 Stewart and Priscilla S. Claypoole are married to each other and they are the fee simple owners of the real property described in Schedule 17.09. 17.10 Mary F. Candy Kane is not married and is the fee simple owner of the real property described in Schedule 17.10. Mary F. Candy Kane was previously known as Mary F. Montgomery and. on the day of , 19 , pursuant to an Order of the Circuit Court for Indian River County in Case Number , Mary F. Montgomery legally changed her name to Mary F. Candy Kane. Mary F. Candy Kane is the same person as Mary F. Montgomery identified in the Personal Representative's Deed attached as Schedule 17.10. Mary F. Candy Kane did not own the property identified in Schedule 17.10 at the time of the Occurrence. Said property was owned by Cecil R. Hunton who is now deceased. Cecil R. Hunton owned sole and legal title to the property identified in Schedule 17.10 at the time of the Occurrence. Thomas E. Hunton is the personal representative of the Estate of Cecil R. Hunton, deceased and has transferred all title, interest and rights in and to any claims against Sebastian to Mary F. Candy Kane. 17.11 Shade A. and Rebecca Wooten are married to each other and they are the fee simple owners of the real property described in Schedule 17.11. 17.12' The Estate of Cecil R. Hunton, deceased, by and through his personal representative Thomas E. Hunton is the successor in interest to Cecil R. Hunton. Cecil R. Hunton was the sole fee simple owner of the property identified in Schedule 17.10 at the 15 time of the Occurrence. The Estate of Cecil R. Hunton and Cecil R. Hunton prior to his death transferred any and all interest in and to any claims, rights, ~title, causes of action or actions against Sebastian in any way relating to the Occurrence to Mary F. Montgomery, who is now known as Mary F. Candy Kane. The Estate, by and through its personal representative, is a party to this Agreement for the purpose of further releasing any and all rights and for the purpose of providing the covenants, promises and agreements set forth in this Agreement to and for the benefit of Sebastian. 17.13 The real property identified in the schedules attached hereto and all Deeds attached hereto are incorporated by reference herein. Each Claimant understands and recognizes that this Agreement will be recorded as a lien on the property identified in the Schedules attached hereto. 17.14 Each Claimant, with respect to the real property identified herein above as Claimant's respective property, is the sole legal title holder to such property (with the exception of the Estate of Cecil R. Hunton, deceased) and has not leased, sold, assigned, or otherwise transferred any interest in and to their respective property identified herein. 17.15 Claimants have not sold, encumbered, assigned or transferred any claims or rights to recovery in connection with the Occurrence to any person or other entity other than as set forth in this Agreement. 16 17.16 Claimants do not have knowledge of any other individual, group, trust, association or entity which would or may have a claim against Sebastian in connection or in any way relating to the Occurrence for any damage, injury, losses or expenses of any kind or nature. 18. Savings C~use. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 19. Further Assurances. Any or all Claimants shall, at any time after the execution of this Agreement, at the request of Sebastian, execute and deliver all such further documents, releases, or other papers as may be required to further assure Claimant's compliance with this Agreement and carry out the terms of this Agreement. 20. Assi~nabi.l.ity. claimants shall not have the right to assign any of their rights pursuant to this Agreement without the prior written consent of Sebastian, which may be withheld by Sebastian in its sole discretion. 21. Entire AGreement. Except as specifically stated herein, this Agreement and the Exhibits annexed hereto constitute the entire agreement between Claimants and Sebastian and supersedes all agreements, representations, warranties, statements, promises and understandings not specifically set forth in this Agreement. No Claimant has in any way relief, nor shall in any way rely, upon any 17 oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in this Agreement. I~ WIT~ESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year written below. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Its Authorized Agent Kathryn M. O'Halloran, CMC/AAE city Clerk (SEAL) Approved as to Form and Content By: Charles Ian Nash, City Attorney 18 I I I I I I I I I I I I I ! I ! I I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUB3~.CT: MPO 'rnterlocal ) Agenda No.~,'~ ~O,,./,.,q.U,0/_ ~,~(~ ) --- I Date Submitted 02-18-93 I City Manager ) Exhibits: Letter Bob Keat~ng ) Interlocal Agreement, R-92-30 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On February 17, 1993, we received a letter from Indian River County, Community Development Director, Robert M. Keating requesting approval of the enclosed Interlocal Agreement. Prior to the execution, the agreement would first have to be authorized by the City Council. A copy of the Interlocal Agreement has been forwarded to the City Attorney for his x-view and comment, which will be presented at the City Council Meeting. The City Council, June 1?th, 1992, approved Resolution number R-92-30 agreeing in principle to the execution of the Metropolitan Planning Organization and MP0 Interlocal Agreement. A copy is enclosed for your review. RECOMMENDED ACTION Move to authorize and direct the Mayor and City Clerk to execute the Inte~local Agreement establishing Metropolitan Planning Organization (MP0), subject approval of the City Attorney. a , BOARD OF COUNTY COMMISSIONERS · 1840 25th Street, Vero Beach, Florida 32960 · Telephone: (407) 567-8000 ~ 5uncom Telephone: 224-1011 \\~"~Ft,.~.~,~r//'~// February 12, 1993 Mr. Dan Eckis ~~'~'ll'// CITY OF SEBASTIAN ~~)y P.O. Box 780127 ~ Sebastian, FL 32978 Dear Dan: Attached please find one copy of the Interlocal Agreement formally establishing the Metropolitan Planning Organization (MPO) for the Vero Beach Urbanized Area. As you know, the city in its resolution approving the MPO apportionment plan agreed in principle to execute an MPO interlocal agreement. The attached document is the agreement referenced in the previously approved resolution. For this interlocal agreement to become effective, it must be executed by all parties to the agreement. Besides the Florida Department of Transportation (FDOT), these parties include Indian River County, each of the five municipalities in the county, and the Indian River County School Board. At this time, I request that you get authorization from your city council for the mayor to execute the referenced agreement. Because fourteen originals must be executed by each signer, arrangements for the mayor to sign must be made subsequent to the council's authorization. Once fully executed, an original of the agreement will then be provided to the city. Since execution of this agreement is necessary to formally establish the MPO, it is important to obtain all signatures as soon as possible. If I can be of any assistance in obtaining your council's authorization, please contact me. Also, please notify me once authorization has been obtained so that I can arrange for the fourteen originals to be delivered for the mayor to sign. Thank you for your assistance. Sincerely, Robert~ating, AICP Community Development Director /rj cc: Charles Vitunac Jim Scully Councilman Frank Oberbeck WPI NO.: JOB NO.: FUND:. FUNCTION: FEDERAL NO.: CONTRACT NO.' SAMAS APPROP.' ' .ll~ SAMAS OBJ: ' ORG. CODE: VENDOR NO.' I STATE OF FLORIDA 'DEPARTMENT OF TRANSPORTATION PLANNING JOINT PARTICIPATION AGREEMY_2vr I I STANDARD INTERLOCAL AGRE~NT This INTERLOCAL AG~EEMF_.NT is made and entered into this day of~ ........ ,19_,., by and between INDIAN RIVER COUNTY. CITY OF VERO.BEACH, .(~ITY OF.. SEBASTIAN,..CITYI .QF FELL$.MERE~ '~.O_WN OF INDIAN RIVER. SHOR~S. TOWN OF.ORCHID AND THE INDIAN gIVER COU,,,NTY SCHOOL BOARD_ and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State o Florida, hereinafter called .the Department, and creates and 'establishes, a METROPOLIT2~N PLANNING ORGANIZATION for the Vero Beach Urbanized Area, hereinafter called the MPO; I WlTNESSE~ WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively in thel performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to assure that highway facilities, mass transit, rail systems, air transportation and other facilities will be properly locatedI and developed in relation to the overall plan of community development; and WHEREAS, the Federal Government, under the authority of 23 U.S.C. 134 and Section 3(a) (2), 4(a),1 5(g)(1), and 5(h)(1) of the Federal Transit Act [(49 U.S.C. 1602(a)(2), 1603(a) and 1604(g)(1) and (h)(1)],l requires that each urbanized area, as a condition to the receipt of federal capital or operating assistance, have a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs1 consistent with the comprehensively planned development of the urbanized area, and stipulates that the State~ and the MPO shall enter into an agreement clearly identifying the responsibilities for cooperatively carrying out such transportation planning; and I WHEREAS, Regulations of the Federal Highway Administration (FHWA) and the Federal Transit~ Administration (FTA), 23 CFR 450 (hereinafter called the Rules), provide for the designation of MPOs by the ! Governor; and WHEREAS, Chapter 339.175 of the Florida Statutes provides for the creation, designation ant apportionment of the MPOs consistent with the federal laws and rules identified above. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation the parties agree as follows: hereiI I I 1.00 PURPOSE The purpose of this Interlocal Agreement isto assure eligibility/or the receipt of Federal capital and operating assistance pursuant to 23 U.S.C. 134 and Sections 3(a)(2), 4(a), 5{g)(1), and 5(h)(1) of the Federal Transit Act [(49 U.S.C. 1602(a)(2), 1603(a), and 1604(g)(1) and (h)(1)], and to implement and ensure a continuing, cooperative, and~ comprehensive transportation planning process that results in coordinated plans and programs consistent with the comprehensively planned development of the affected urbanized area in cooperation with the Department. Chapter 334, Florida Statutes (F.S.), grants the broad authority for the Department's role in transportation. Section 334.044, F.S., evidences the legisla~ve intent that the Department be responsible for coordinating the planning of a safe, viable and balanced state transportation system serving all regions of the State. Section 339.155,' F.S., requires the Department to develop a statewide ..transportation plan, in conjunction with local governmental en:ities including, but not limited to, regional planning agencies for all 'Metropolitan Statistical Areas. Section 339.175, F.S., specifies the authority and responsibility of the MPO and the Department ~'~ the management of a continuing, cooperative, and comprehensive transportation planning process for the urbanized area. In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334 and '339, F.S., the Department and all parties to this Agreement acknowledge that the provisions of Section 163.3161 - 163.3215, F.S., the Local Government Comprehensive Planning and Land Development Regulation Act, as amended, are applicable to this Agreement and those parties shall take particular care that the planning processes and planning integrity of local governments as set forth in that Act as evidenced by the legislative intent expressed in Chapter 334 and 339, F.S., shall not be infringed upon. 2.00 ~ PROJECT .01 .O2 Established MPO - The "Project" is defined as the continuing, cooperative and comprehensive transportation planning process for the Veto Beach Urba~.ized Area(s). P~rsulmt to Federal~State and...~..cai law - In .the event the: any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to undertake any Project hereunder, or to observe, assume, or carry,' out any of the provisions of the Agreement, the MPO will, to the extent of its legal capafity, comply with all applicable laws and requirements and work toward the accomplishment and fulfillment of its objectives. .O3 Submission of proceedings: contracts, and other docummts - The MPO shall submit to the Department such data, reports, records, contracts, and ouher documents relating to the Project as the Department may require. Page 2 of 8 3.00 .O4 Rights of review - All parties to this agreement, and the affected Federal funding agency (i.e. FHWA, FTA and FAA) shall have the rights of technical review and comment of MPO projects. COORDINATION AND AGREEIVII*~NT The designated MPO shall carry out transportation planning and programming activities as identifiedI in the Agreement between the Department.and the MPO. Urbanized areas, declared by the 1990 Census and designated by the Governor, may carry out those activities contained in this Agreement to meet Federal funding eligibility requirements for Federal planning purposes. Section 112 planning funds will 1 be made available by agreement upon MPO Designation by the Governor. 4.00 COMI'OSmON; lVlEMBEIlSI-m'; TF. RMS OF OFFICE .01 The ~)oting membership of the MPO shall consist of not less than five (5)~nor more than eighteen (1.8) apportioned members.. The Governor shall apportion total .membership on the MPO from among Indian River County and the Cities.of Vero Beach, Sebastian, Fellsmere and the Town of Indian River Shores on an equitable geographic population railo. All voting members of the MPO shall be elected officials of Indian River County and the Cities and Towns stated above with the number of representatives from each of these general purpose local governments to be determined 'by the geographical population ratio employed by the Governor in appointing the ffi MPO. .O2 The county commission members shall be composed of not less than 33 1/3 percent of the MPO membership, .except for an. MPO with more than 15 members located in a county with a five- member county commission, in which case county commission members may compose less than 33 1/3 percent of the MPO membership but all five county commissioners shall be members of~ the MPO. All voting members shall be elected officials of general purpose governments, except that any local governing entity which has two or more members on the MPO may appoint, as one of its apportioned voting members, a member of a statutorily authorized planning board or transportation, expressway, aviation, or port authority. In urbanized areas in which authorities or other agencies have been, or may be created by law1 to perform transportation functions that are not under the jurisdiction of local elected officials, they may be considered by the Governor for one voting membership on the MPO. Provided, 'however, in urbanized areas in which authorities or other agencies have been, or may be, I created by law to perform public transit functions that receive financial assistance or grants from the State, said authorities or agencies shall have one voting membership on the MPO. Said member shall be an elected official appointed by the respective authority or other agency I performing public transit functions or where there is more than one public transit agency in the urbanized area, the member shall be elected by vote of the transit agencies. The county 1 commission shall compose not less than 25 percent of the MPO membership when a publicI transit representative has been appointed. Page 3 of 8 I The government entity designated shall appoint the appropriate number of members to the MPO from eligible officials. Representatives of the Department shall serve as non-voting members of the MPO. The Town of Orchid and the Indian River County School Board shall each provide a non-voting adviser to the MPO. .O5 The term of office of members of the Metropolitan Planning Organization shall be four (4) years. I ! .O6 Appointments to the MPO shall be made by each of the parties to this agreement within sixty (60) days after the notification by the Governor of the duty of each governing body to make such appointments. If any governing body fails to fill an assigned appointment to the MPO within such sixty (60) day period, the appointment shall be made by the Governor from eligible representatives of the appropriate governing body. 5.00 POWERS, RESPONSIBILIiIF_.S AND OBLIGATIONS .01 The MPO shall have all, powers, enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations as specified in Section 339. !75(2)C0), F.S., and other sections and as authorized in Section' 163.01; F.S..; and made a part hereof,' including, but not limited to, the following: .O2 The MPO may employ personnel and, pursuant to contract, it may utilize the staff resources of local and/or state agencies (s. 339.175(19), F.S.). .O3 The MPO shall enter into agreements with the Department, operators of public mass transportation services and the metropolitan and .regional intergovernmental coordination and review agencies serving the urbanized area. These agreements will prescribe the cooperative manner in which the transpOrtation planning process will be accomplished (ss. 339.175 (12), (13) and (14), F.$.). .04 The IV[PO may enter into contracts (s. 163.01(14), F.S.). .O5 The MPO may acquire, own, operate, maintain, sell, or lease real and personal property (s. 163.01 (5),' F.S.). .O6 The MPO may accept funds, grants, assistance, gifts or bequests from Local, State, and Federal resources (s. 163.01(5), F.S.). .O7 The MPO shall establish a budget which shall operate on a July 1 to June 30 basis as required by the Unified Planning Work Program (UPWP). .O8 The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations enumeratexl herein - provided said rules do not supersede or conflict with applicable local and Page 4 of 8 6.00 7.00 .O9 state laws, rules and regulations (s. 163.01(5) and (a), F.S.). The MPO, in promulgating,rules, policies, bylaws and procedures, shall coordinate with the Department to obtain its concurrence prior to MPO approval and implementation of such rules, policies, bylaws and procedures. The MPO, in cooperation with the Department, shall carry out the urban transportation planning process as required by Title 23 of the Code of Federal ·Regulations (CFR), Parts 420 and 450, and consistent with Chapter 339, F.S., and other applicable state and local laws. .10 Plan's and programs developed by the MPO carrying out the urban transportation planning process shall be in compliance with Department procedures, Federal regulations and State laws. CON'IIIACTS OF TIlE MPO. I All contractual agreements must be approved by the affected federal funding-agency and the Department..Except as otherwise authorized in writing· by the Department, and the affected Federal I funding agency where State or Federal funds are to be used, the MPO shall not execute any contract · or obligate itself in any other manner with any third party with respect to the Project without the prior I written concurrence of the Department,. FI-IWA, FTA, or FAA, as appropriate. Subletting of consultant(s) contracts involving i'unds ~.administered by ~FHWA.:~shall. be in-accordance with the requirements of 23 CFR and all other applicable Federal Regulations which by reference hereto are I made part of this Agreement. INVENTORY REPORT .01 .O2 ! ! The MPO agrees to inventory, to maintain records of and to insure the proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to funding under this agreement. This shall be done in accordance with the requirements of 23 CFR and all other applicable Federal Regulations. The MPO shall make all records and necessary information readily available to .the Department in order for the Department to conduct a review of I determine the accuracy of the MPO inventories, property control information, and its compliance with the requirements of 23 CFR and all other applicable Federal Regulations. I The Department will maintain all records in accordance with the Federal-Aid Policy Guide, 23 CFR 17, ."Record Keeping and Retention Requirements for Federal-Aid Highway, Records of State Highway Agencies". I 8.00 MI,qCELLANEOUS PROVISION .01 How Contract Affect~..l>y Proy~.sions Being Held..Invali0 - If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. I ! Page 5 of 8 I ! I .O2 State or Territorial Law - Nothing in the Agreement shall require the MPO to observe or enforce compliance .with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law. Provided, that if any of the provisions of the Agreement violate any applicable State law, the MPO will at once notify the Department in order that appropriate changes and modifications may be made by the 'Department and MPO to the end that the MPO may proceed as soon as possible with the Project. 9.00 EXECUTION OF AGREEMENT This Interlocal Agreement may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original,and such counterparts together shall constitute one and the same instrument. 10.00 CONSTITUTIONAL OR STATUTORY DUTIF~ AND RESPONSIBILITIES OF ~ .PARTIES TO ~ AGREE~ This Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of'the parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility' imposed UpOn them by law except to. the extent of-actual ani:t timely performance thereof by one or more of the parties to this Agreement or any legal or administrative entity created or authorized by this Agreement, in which case the performance may be offered in satisfaction of the obligation or responsibility. 11.00 DURATION OF AGREEMENT AND WITttDRAWAL PROCEDURE 12.'00 This Agreement shall remain in effect until terminated by the parties to the Agreement. Any party may withdraw from said Agreement after presenting in written form a notice of intent to withdraw to the other parties, at least 90 days prior to the intended date of withdrawal, provided, however, that financial commitments made prior to withdrawal are effective and binding for their full term and amount regardless of withdrawal. AMENDMENT OF AGREEMENT Amendments to or modifications of this Agreement may only be made by written agreement signed by all parties hereto with the same formalities as the original Agreement and shall not be effective until it is fried with the Clerk of Circuit Court of each county where a party hereto is located pursuant to Section 163.01(11), F.S. Page 6 of 8 13.00 INDICATION The MPO agrees that it will indemnify and hold harmless the Department and all of the Department'.s officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the MPO during the performance of the contract, whether direct or indirect, and .whether to any person or property to which the Department or said parties may be subject, except the MPO will not be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents, or employees. 14.00 CONFIRMA~ON OF AGRE~ The Agreement shall be reviewed by the MPO and the Department to confirm the validity of the contents and to recommend the .type of amendments, if any, that are required. Review of this Agreement shall occur whenever an lVlPO Reapportionment Plan is developed for approval by the Governor pursuant to his/her procedure for MPO Reapportionment. I I 15.00 AGREEMENT FORMAT i All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 16.00 EFFECT1N'E DATE I I I I This Agreement shall become effective upon execution by all parties hereto and filing with the Clerk of the Circuit Court of each county where-a party to the Agreement is located. I i I I Page 7 of 8 i I I IN WI~TNESS WHEREOF, the undersigned parties have caused this Interlocal Agreement to be duly executed · -in their behalf and hereby establish the above designated MPO this day of , 19._. BOARD OF COUNTY COMMISSIONF. J~ OF INDIAN RIVER COUNTY, FLORIDA TOWN OF INDIAN RlVER SHORES BY: BY:_. : MAYOR CHAIRPEI~ON ATTEST: ATTEST: ..... TOWN CLERK CITY OF VERO BEACH BY: .... ATTEST: MAYOR CITY CLERK TOWN OF ORCHID BY: MAYOR · A~F. ST: TOWN CLERK CITY OF SEBASTIAN INDIAN RIVER COUNTY SCHOOL BOARD BY: ~. AT'FF..ST: MAYOR CITY CLERK BY' ATi~.3T: CHAIRPERSON VICE CHAIRPERSON CITY OF FELLSMEKE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION BY: ATTEST: MAYOR CITY CLERK BY' DISTRICT SECRETARY ATrEST: EXECUTIVE SECRETARY Approved as to Form: Florida Department of Transportation BY:_ ATTORNEY Page 8 of 8 RESOLUTION NO. R-92-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AGREEING IN PRINCIPLE TO EXECUTION OF A METROPOLITAN PLANNING ORGANIZATION (AN "MPO") INTERLOCAL AGREEMENT; PROVIDING FOR AN MPO APPORTIONMENT PLAN; APPOINTING A REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO SERVE ON THE MPO AND INTERIM MPO; PROVIDING FOR REPEAL OF RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Census Bureau has, on the basis of 1990 Census data, designated the City of Veto Beach and its surrounding area as a Census Urbanized Area; and WHEREAS, Section 134 of Title 23 United States code requires that a Metropolitan Planning Organization ("MPO") be designated in each Urbanized Area of more than 50,000 population; and WHEREAS, the Governor has informed the Chairman of the Board of County Commissioners that the Veto Beach Urbanized Area qualified for designation as an MPO; and WHEREAS, the Governor has requested that the local governments within the Veto Beach MPO develop an apportionment plan and submit the plan to the Florida Department of Transportation (FDOT) by July 1, 1992; and WHEREAS, the apportionment plan must identify the voting membership of the MPO and the representation on the MPO by local governments within the MPO area; and WHEREAS, Florida Statutes Section 339.175 establishes MPO apportionment plan criteria, which include among other requirements that MPO members be elected officials from general purpose local governments within the MPO area and that representation on the MPO by local governments be generally proportional to the local governments' population; and WHEREAS, the MPO area must include the existing urbanized area as well as the area expected to be urbanized within twenty years and, therefore, will include all five municipalities in the county as well as much of the unincorporated area east of 1-95; and I I I I I i I I I I I I I I I I I i I WHEREAS, the 1990 Census determined that county and municipal population figures were as follows: Population Percent Total County 90,208 100 Unincorporated 58,186 64.5 Veto Beach 17,350 19.2 Sebastian 10,205 11.3 Indian River Shores 2,278 2.5 Fellsmere 2,179 2.4 Orchid 10 .01 NOW, THEREFORE, Be it resolved by the City Council of the City of Sebastian, Indian River County, Florida, as follows: Section 1. The City Council agrees in principle to enter into an interlocal agreement with Indian River County and other municipalities in the County and the Florida Department of Transportation to formally create the Veto Beach MPO. Section 2. The City Council agrees to a Veto Beach MPO apportionment plan which shall be as follows: nine voting members with representation as follows: * four members of the Indian River County Board of County Commissioners * two members of the Veto Beach City Council * one member of the Sebastian City Council * one member of the Indian River Shores Town Council * one member of the Fellsmere Town Council * one non-voting member of the Indian River County School Board * one non-voting member of the Town of Orchid Town Council Section 3. The City Council appoints the following members of City Council to serve on the MPO governing board and to serve on the board of an interim MPO: Frank J. Oberbeck, as member Peter R. Holyk, as alternate Section 4. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. This Resolution shall take effect immediately upon final passage. upon final passage. The foregoing Resolution was moved for adoption by Councilman ~,~]~.~ . The motion was seconded by Councilman _ , and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilwoman Carolyn Corum Councilman George G. Reid The Mayor thereupon declared this Resolution duly passed and adopted this ~__~day of ~ , 1992. ATTEST: Kathr~n M. O'Ha!loran, CMC/AAE Cit'~ Clerk CITY OF SEBASTIAN, FLORIDA i I I I L6nie R. Powell, Mayor (Seal) Approved as to Fo~ Content: Charles Ian Nas--h, City Attorney I City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 I I i I I SUB3ECT: Council on Aging Approved for Submittal By: City Manager ~~ ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda of ) ) ) ENG/PW(~ 02-18-93 02-24-93 Exhibits: Sebastian Area stop list, Council on Aging letter-sent Nov. 17, 1992 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: SUMMARY STATEMENT REQUIRED: I I i I I I I I Tom Fritz, Transportation supervisor for the Indian River County Council on Aging had contacted me by phone on February 17, 1993 requesting that the City of Sebastian approve additional stops for their community coach. Currently there are six stops, 3 located on Barber Street, one at Food Lion and two on Schumann Drive. Their request would be for twenty two additional stops as indicated on the enclosed list. Indian River County Sign Shop would be preparing the signs and installing them on City rights of way without participation by City Employees. The County has experienced great success in the previous three months with this program. However, they would like to become more effective in serving the Sebastian area and the North County Area. The original concept was to pick up citizens in the North County area and provide transportation to Veto Beach Stop areas. From their ridershtp survey they determined that most of the residents were requesting service stops in the North County Area. Therefore, they decided to eliminate the Vero Beach Stops and provide more convenient stops in the Sebastian area. This program would be evaluated again for another three month period to determine its success rate. RECOMMENDED ACTION Move to approve the street stop locations as identified on the Sebastian Street Stop List. I.R. COUNCIL AGING Fax Transmittal Memo 7672 I .I BEBASTIAN 2. .3. 4. $. $. 7. 8. 9. · 10. · 11. 12. 13. · 14. 15. 16. 17. 19. 20. 21. 22. 23. 25. 26. 27. 28. 30. $1. 32. N. county Libr&ry 8~24 10105 12111 1156 L&y~rt Dr./VI=kote 8~30 10111 12~17 2:02 Fleming/Like Dr. 8131 10~12 12118 2103 MA£~/~&gy 8z33 10115 12;21 2105 ~&~/l~ngo 8134 10z16 12~22 2:06 E&gy/Hib£lOUS 8136 10:18 12z24 2z08 ~&oy/Leke DriVe 8~37 10119 12;25 2t09 Mel=ooe/LendSdowne 8141 10123 12z29 2113 Holroso/Cendol 8;42 ~0124 12130 2~14 Tulip/Quarry 8;44 10126 12;32 2116 Tulip/Barber 8146 10~28 12134 2118 Berbor/~onodiot£ne 8=48 10130 12136 2120 Ben®diottne/Damasous 8149 10131 12137 2:21 Bonod~e~ino/COV~ie Lane 8150 10132 12,38 2=22 Rolling Rill U~./Darbet 8~52 10:34 12:40 2z24 B~gbor St./perriwinkLe 8tS4 10z36 12t42 2z26 Englor/L~ Playa 8~59 10141 12~47 2~31 Kildlro/ConOvor 9~03 10t45 12151 2u35 soh~nn/caprol Lane 9m05 10~47 12~53 2~37 sch~nn/Gilber~ 9~06 10~48 12~4 2138 ~a~lr~ 9112 10z54 1~00 2~44 I.R. Drive/Harrison 9~16 10~58 1104 2~48 i.K. Dr./1026 9~18 11500 lt06 2~50 Sob. c~uni~y cen~l= 9122 11104 1,10 2~54 129~h & Old D~Xle 9~23 11z05 1111 2155 ~llland p1./Winn Dixie 9128 11~11 1116 3t00 zales PiA~A/Dr'~ clinic 9~31 11~14 1~19 3~03 · aY s~. Squa=o 9s32. 11115 ~t20 3;04 ~hysictans' ~d. c~r. 9134 11117 lz22 3~06 H~ana Hospital 9135 11118. lj23 3~07 Rip,elk Shopping crT. 9~38 11121 1=26 3z10 34. LoUSian&/PaLmer Dr. 9:55 12100 1:45 3328 35. Lousi&na/TompZe Ave. 9z57 12j03 1148 3z31 · TlmeB are so~ ~or s=reo~ stops 3:39 TELEPHONE 407 - 569~0760 FAX 407 - 567-6944 Indian River County Council On Aging, Inc. 694- 14th STREET · P,O. BOX 2102 VERO BEACH, FLORIDA 32961 November 17, 1992 ARLENE S. FLETCHER Executive Director Mr. Dan Eckis City Engineer 1225 Main Street Sebastian, Florida 32978 Dear Dan: My apologies 'to you for not keeping you informed on the progress of the "Community Coach". This project is a six month pilot program funded by the United Way to put a fixed-route bus into the community. The Coach is a 15 passenger van, specially customized for this project. It will service Gilford on Monday and Thursday, South Indian River County on Tuesday and Friday, and Sebastian on Wednesday. The decision to limit service to these areas was made at a meeting of the public agencies and based on the number of their clients served in the various areas. Input for this decision came from United Way, Unemployment, Social Security, Job Service, Public Health, New Horizons, HRS, Food Stamps, WIC, Coalition for the Homeless, Indian River County, and the Veterans. I have attached schedules of the three different areas for your information. In selecting stops in Sebastian, Mike Dudek and I had occasion to discuss priorities with Fran Adams and Vice Mayor Overbeck. We felt this particularly important as neither Mike nor I felt strongly about where the potential clients for this service might reside. If, during the pilot program, we identify scheduled stops that would better service the area, we are prepared to make changes. We would welcome any feed back you, the council and the citizens of Sebastian have for us. The goal of the pilot program is to determine whether the ridership for a mass transit is really there. Transportation remains a top priority of the United Way Agencies and we see this pilot a way to validate the demand. If we see the pilot succeeding, our intentions are to approach local foundations for support of expanded operations. An expanded fixed route system would most probably include more vehicles, more routes, and ultimately larger rolling stock. Thanks for taking the time to seek me out and your offer to work together on this project. Your participation in our planning is most welcome. Thomas C. Fr~Z~ Transportatioh-~uperv~sor