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Home My WebLink About04061994 City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 AGENDA SEBASTIAN CiTY COUNCIL WORKSHOP MEETING WEDNESDAY, APRIL 6, 1994 - 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. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) Introduction of New Business from the Public shall not be allowed at City Council Workshops (R-93-19). 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL AGENDA ~ODIFICATIONS (ADDITIONS ~ DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 5. ANNOUNCEMENTS 94. 099 PGS 1-2 94.100 PGS 3-6 94.027 PGS 7-10 94.007/ 94.101 PGS 11-13 94.102 PGS 15-21 94.103 PGS 23-30 94.104 PGS 31-35 6. ~ONSENTA~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. Accept Resignation of Arthur Firtion from Planning and Zoning Commission Effective March 8, 1994 (P & Z Memo dated 3/15/94) Approve Mayor Firtion's Attendance at the 1994 Institute for Elected Municipal Officials - Jacksonville - 5/13/94 - 5/15/94 (City Clerk Transmittal dated 3/30/94, Brochure) Authorize Payment to Supervisor of Elections for Indian River County in the Amount of $5,934.00 for Conducting the March 8, 1994 General Election (City Clerk Transmittal dated 3/24/94, SOE Letter dated 3/22/94, Cost List) Bid Award - U.S. #1 Irrigation Materials Contract - Boynton Pumps and Irrigation Supply Co. - $43,344.15 (City Engineer Transmittal dated 3/29/94, Computer Cost Breakdown) gITY ATTORNEY MATTERS CITY MANAGER MATTERS WORKSHOP ITEMS Discuss Proposed Disaster Emergency Plans (City Clerk Transmittal dated 3/9/94, Chief of Police Memo dated 3/4/94, City Clerk Memo dated 3/4/94, Gilcher Letter dated 2/22/94, IRC 0-91-18) Discuss Proposed Removal of Section 38-1(b) Re: Blank Lines on Election Ballots (City Clerk Transmittal dated 3/21/94, Clerk Memo dated 3/9/94, City Attorney Letter dated 1/27/94, Excerpts of FS Chapters 99 and 101) Discuss Planning and Zoning Commission Recommendation - Request to Amend the Land Development Code Re: Recreational Vehicles (Director of Community Development Transmittal' dated 3/20/94, P & Z Memo dated 3/15/94, Section 20A-5.16 (C)) 2 94.105 PGS $?-44 94.106 PGS 45-48 10. Discuss Planning and Zoning Recommendation - Request to Amend the Land Development Code Re: Marine Commercial Residential (MCR) and General Marine Commercial (GMC) Zoning Districts (Director of Community Development Transmittal dated 3/20/94, P & Z Memo dated 3/15/94, Excerpts from GMC and MCR Zoning Districts) Review Request from Indian River District Boy Scouts of America Scout Show and Parade - Riverview Park North - Indian River Drive - 5/14/94 (Director of Community Development Transmittal dated 3/31/94, Smith Letter dated 3/10/94) MAYOR AND CITY COUNCIL MATTERS A. ~ Mayor Carolyn gorum B. Mrs. Norma Damp C. Mr___=.Robert ~reeland D. Mr. Frank Oberbeck E. Mayor Arthur Firtion 94.107 1. PGS 49-50 11. ADJOURN Indian River County and Regional Board Liaison Appointments (City Clerk Transmittal dated 3/29/94) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. CITY COUNCIL CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA AGENDA TRANSMITTAL FORM SUBJECT: Mayor Firtion Resignation from P & Z AGENDA NO: DEPT. ORIGIN: City Clerk DATE SUBMITTED: March 31, 1994 APPROVED FOR SUBMITTAL: City Manager: (~~ EXPENDITURE REQUIRED: N/A MEETING DATE: April 6, 1994 EXHIBITS: P & Z Memo dated 3/15/94 AMOUNT BUDGETED: N/A S~Y STATEMENT Mayor Arthur Firtion was elected as a City Council member on March 8, 1994, therefore, must resign from the Planning and Zoning Commission effective that date. ~COMMENDED ACTION Move to accept Mayor Firtion's resignation from the Planning and Zoning Commission effective March 8, 1994. TO: FROM: DATE: RE: City of' Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 13 FAX (407) 589-5570 MEMORANDUM Mayor and City Council Suzi Holmes, Secretar~/~ Planning and Zoning Commission March 15, 1994 Resignation of Arthur Firtion At their regular meeting of March 17, 1994, the Planning and Zoning Commission moved to accept the resignation of Arthur Firtion as vice-chairman of Planning and Zoning Commission and recommend to City Council to accept his resignation also. :sh pzmemo.doc I I' I City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 I AGENDA FORM SUBJECT: Mayor Firtion Request to Attend Institute for Elected Municipal Officials APPROVED FOR SUBMITTAL BY: City Manager: %~/v~ Agenda No. Dept. Origin Date Submitted qq. Clerk 3/3Q~94 For Agenda Of 4/6,94 Exhibits: Brochure EXPENDITURE REQUIRED: $55 Reg. AMOUNT BUDGETED: $1000 Education Plus Per Diem $1000 Travel SUMMARY STATEMENT Mayor Firtion wishes to attend the 1994 Institute of Government sponsored Institute for Elected Municipal officials at the University of North Florida in Jacksonville from May 13-15, 1994. This conference was well received by two City Council members last year. In accordance with Section 2-34 of the Code of Ordinances, any City Council member, who wishes to be reimbursed for expenses incurred at any conference, etc., he or she attends on behalf of the City of Sebastian, must obtain prior approval of not less than three members of City Council in attendance at a meeting. RECOMMENDED ACTIQN Move to approve Mayor Firtion's attendance at the 1994 Institute for Elected Municipal officials. \ws-min\firtion City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT= Approve Payment to Indian River County Supervisor of Elections for March 8, 1994 General Election APPROVED FOR SUBMITTAL BY: City Manager Agenda No. Dept. Origin Date Submitted City Cler/'0'~ For Agenda Of 4/6/94 Exhibits: SOE Letter dated 3/22/94 Election Cost List EXPENDITURE REQUIRED: $5,934.00 AMOUNT BUDGETED: APPROPRIATION $5,500.00 REQUIRED: SUMMARY .STATEMENT The Supervisor of Elections for Indian River County has submitted a bill in the amount of $5,934.00 for conducting the March 8, 1994 for the City of Sebastian. A breakdown of costs is attached for your review. RECOMMENDED ACTION Transfer $434.00 from contingency funds to the City Clerk's budget and approve payment to the Supervisor of Elections in the amount of $5,934.00. \ws-min\agenda.for March 22, 1994 ANN ROBINSON SUPERVISOR OF ELECTIONS 1840 25TH STREET, SUITE N-109 VERO BEACH, FLORIDA 32960-3394 TELEPHONES: (407) 567-8187 or 567-8000 Mrs. Kay O'Halloran, City Clerk City of Sebastian P. O. Box 780127 Sebastian, FL 32978-0127 Dear Kay: All of the bills have been received for the March 8, 1994 city election. Enclosed are copies of the expenses incurred for Sebastian and the other municipalities. Please send a check in the amount of $5,934.00 payable to "Supervisor of Elections" for the balance due. If you or any of the city officials want to look over the back-up material for these expenses, I'll be glad to go over them and discuss them. Please note that there is no charge for my time. Sincerely, Ann Robinson Supervisor of Elections Indian River County Z <Z 0 ~ U 0 0 AMOUNT 2,208 11.12 1,976 11.13 ~S ' 11.13 78 11.13 ---- 81 mm 11.14 i ~ ~ 12.17 ',7 12.17 -~---J-L 33.19 --~ 35.13 ----J_9~ 33.49 ------2.~_.___ 34,02 ~6 ~ 34.21' ~91 ~ 34.21 11 34.21 ~ 34.42 1~9 34.72 2! 34.72 33 34.72 '~ 34.72 --~ 34.91 35.11 'lJ"O 35.11 20 ' 35.11 ,3 .... 35.11 4 35.11 129 35.11 1§ 35.11 3~ 35.11 .~ 35.11 35.11 .,. ~ 35.11 1 35.11 --'~ 35.11 30 35.11 1 35.11 1 35.11 2 35.11 1 35.11 2 35.11 1 35.11 35.11 1 35.11 1 35.11 I 35.11 2. , ~ 35.11 o .... 35.11 n , L 35.11 3 35.11 ~, 35.11 ~ 35.11 ~ 35.~9 TYPE OF ELECTION DATE OF ELECTION SEBASTIAN GENERAL " 11-8-94 DESCRIPTION REGULAR ELECTION EMPLOYEES PAIrI' TIME EI.F. CTION EMPLOYEES' POLL WORKERS ELECTION NIGHT IIELP POLL WORKER CHECK PROCESSING, W-2 PROCESSING CIIARGE OVERTIME FOR STAFF MEDICARE FOR POLL WORKERS SOCIAL SECURITy FOR POLL WORKERS TRIAD GOVERNMENTAL SERVICES/LOGIC & ACCURACy TESTIN~ DATA PROCESSING SUPPLIES ROAD& BRIDGE DEPT.-LABOR & LIFT GATE TRUCK TRAVEL 3'0 POLLING PLACES - LABOR & GAS POSTAGE -. ABSENTEE BALLOTS POSTAGE - "POLL WORKERS,. CL~.RKS, ' POLLING PLA~ES POSTAGE - CERTIFIED LETTERS -' CANDIDATES & COMNTTTE; POSTAGE - CHANGE OF POLLING PLACE NOTIFICATION BUILDING RENT & FEES FOR POLLING PLACES BALLOT CARDS ELECTIONS LAW BOOK POLL WORKER MANUALS -~"..~,~I~]7.. SAMPLE BALLOTS '-. LEGAL ADVEI~TISING".. SAMpLE',BALLOT'-& PUBLIC NOTICE POLL NO~K~,,R APPLICATIONS AND ~NVELOPES POLLING PLACE RELOCATION-NEW VOTER ID CARDS&ENVELOP BALLOT PAGES, PRINTING & CRIMPING SANDWICHES FOR ELECTION NIGHT ABSENTEE BUPPLIES FORMS FOR TRANSFER CASE · SEAIJS FOR TRANSFER CASES, VOTOMATICS, BALLOT BOXES PRECINCT REGISTERS AFFIDAVITS "X VOTED# STICKERS NAME TAGS · ;:~:,,:.i~. ALPHA TABS ~;. '~"' ' REGULAR MAILING ENVELOPES-POLL WORKERS, CLERKS, ETC LARGE BROWN ENV~I~)PES SPOILED BALLOT~, ENVELOPES . LETTERS/COPlES,~4AILiNGS TO POLL· WORK,Rs ~LERKS, ET ATTENDANCE CERTIFICATES ' ATTENDANCE CARDS , ,~ ...~,,~:,.. .... VOTOMAT I C INSTRUCTIONS . '.' . . 50 ' STRING DEPUTY BADGES RUBBER BANDS, EXTRA SEALS, PAPER CLIPS MASKING TAPE WRITING PAD QUESTIONNAIRE SUPPLY LIST, CLERKS' BAG LABELS ~R ENVELOPES, POLL WORKER ENVELOPES LABELS ~R PRECINCT REGISTERS DOT LABELS ~R BALLOTS PELT TIP PENS BALL POINT PENS COPIES ~R PUBLIC & NEWS MEDIA ~LECTION REPORTS TZL~PMONE MONEY PRECINCT SIGNS VOTING B~THS ~ INCLUDING DEMoNSTRAToR 35.29 TRANSFER CASES, 35.29 .... : BALLOT BOXES ---~---35,29'*'~;~'~:=":'CA~D ~ADERS-':::~'~'~-,.'"~,~%~,>:~'/~:.~'~;?,>.~.~ 35.29 FOLDING PRECINCT SIGNS 4 35.29 4 35.29 _ 4 , , ~ 35.29 ~, ~ 35.29 35,29 CLERKS' NOTEBOOKS CLERKS' BAGS ! ' MAGNIFYER, 3 REG, STYLUSES, [ HANDICAPPED STYLUS SIGNS-VOTE HERE, NO SMOKING, PVC SIGN STANDS ELECTION CABINETS.iN POLLING PLACE TOTAL NOTE: Items 50¢ and over are rounded up: items under 50¢ ere rounded down. I '1 i I I i I I I I I I I I I I I i i City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE 589-5330 13 FAX 589-5570 (407) (407) SUBJECT: U.S. #1 Irrigation Materials Bid Approved for Submittal By: City Manager %J_b~'Y~ ! Agenda No. Dept. Origin Date Submitted 03-29-94 For Agenda of 04-06-94 Exhibits: Computer Cost Breakdown EXPENDITURE REQUIRED: $43,344.15 FDOT GRANT ESTIMATED AMOUNT BUDGETED: $46,955.79 APPROPRIATION REQUIRED: $43,344.15 SUMMARY STATEMENT Two bids were opened and read aloud in the City Manager's conference room on March 14th, 1994 at 2:30 P.M. to supply all the materials for the U.S. #1 irrigation system. The review of the bid breakdown showed the major differences were between the computer hardware system being provided by each vendor. Comparing the two computer systems it was apparent that the system listed by Boynton Pump exceeded the bid specifications whereas North South was providing a system referred to as a clone. The bid amounts submitted by the vendors are indicated as follows: BID TABULATION Boynton PumD Base Bid Computer cost Net Difference $48,392.15 <$ 5,048.00> $43,344.15 North South Base Bid Computer Cost Net Difference $45,584.74 <$ 1,650.00> $43,934.74 Reviewing the computer costs, it is apparent that North South's total cost of $1, 650. appears low when the internal tape backup system with the UPS battery backup and printer would cost approximately half of computer system being provided. Comparing this to the Boynton Pump computer system for $5,048., the internal tape backup system of $3,400 appears to be more than adequate or even overkill for this system. If the computer systems are deducted from the proposed bid amounts by each vendor then the net difference should be considered to evaluate the low bidder. In this case, this would be Boynton Pump Company. It has been the City's experience that both of the companies are most reputable and have always provided the City with timely service and quality materials. It is my opinion that the bids are fair and competitive and therefore should be awarded to the low bidder. RECOMMENDED ACTION Move to award the U.S. #1 Irrigation Materials Contract to Boynton Pumps and Irrigation supply inc. in the amount of $43,344.15. i '1 I i I i I I I I I I I I I I I I I NORTH SOUTH Personal computer 386SX-40-CLONE CLONE but full IBM parts Mini tower 2MB RAM, 130MB HD, mouse 3 1/2" drive, Keyboard, MS Dos-6.2 .28 Resolution VGA Monitor 2400 baud modem Internal Tape Backup System 300VA UPS Battery Back Up 1 outlet plug, 8 rains Citizen GSX-220 Printer w/cable & ribbon I Year warranty Parts / 3 Months Labor TOTAL COST $1,650.00 IBM IBM-PS1 Personal computer 486SX 4MB RAM, 120MB HD, mouse 3 1/2" drive, Keyboard, MS Dos-6.1 IBM 14L8 color monitor 9600 baud modem Internal Tape Backup System 250VA UPS Battery Back Up 2 outlet plugs, 9 rain Epson FX dot matrix -AP5500 I Year warranty $1,4OO $432 $105 $330 TOTAL COST $2,267 BOYNTON PUMP COMPAQ Personal computer 486SX-40 Mini tower 2MB RAM, 130MB HD, mouse 3 1/2" drive, Keyboard, MS Dos-6.2 .28 Resolution VGA Monitor 2400 baud modem Internal Tape Backup System Crip Lite UPS Battery Back Up 4 outlet plugs, 9 min Epson FX dot matrix TOTAL COST OFFICE DEPOT IBM-PS1 Personal computer 486SX 4MB RAM, 130MB HD, mouse 3 1/2' drive, Keyboard, MS Dos-6.2 .39 Resolution VGA Monitor 2400 baud modem Internal Tape Backup System Crip Lite UPS Battery Back Up 4 outlet plugs, 9 min Epson FX dot matrix -AP5500 i Year warranty Parts / 3 Months Labor TOTAL COST $3,400 $1,249 $399 $5,048 $1,399 $30 $450 $155 $33O $2,364 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT: Proposed Disaster Emergency P~an - Ordinance and Mutual Aid Agreement APPROVED FOR SUBMITTAL BY: city Manager :. Agenda No. Dept. Origin Date Submitted For Agenda Of 4/6/94 Exhibits: * 3/4/94 Chief of Police Memo * 3/4/94 City Clerk Memo * 2/22/94 Gilcher Letter * IRC O-91-18 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY ,STATEMENT Please see the attached Indian River County ordinance for the activation of Disaster Emergency Plans. Mr. Ed Gilcher brought this to my attention and suggested a similar law would be in order for Sebastian. Also please see a reply from Chief Petty to my request for him to review this item. RECOMMENDED ACTION Discuss proposed Disaster Emergency Plans and, if after reviewing, a consensus is reached, direct the city Attorney to draft the necessary City Ordinance and Mutual Aid Agreement Resolution with County. \ws-min\emergency SEBASTIAN POLICE DEPARTMENT Earle L. Petty, Chief of Police MEMORANDUM DATE = TO = FROM t SUBJECT= Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 March 4, 1994 Kay O'Halloran, city Clerk Earle Petty, Chief of Pol'c~~ Proposed ordinance for Activation of the Disaster Plans I I I I After reviewing the proposed ordinance on extraordinary emergency powers, I offer the following comment; 1. This ordinance along with the appropriate Mutual Aid Agreements will provide outside staffing and logistical support needed by the city to meet the immediate requirements of an emergency situation, when the resources normally available are not sufficient to cope with the problem. 2. This is an ordinance that the city needs on the books in the event of a disaster that could adversely affect the health, safety, or general welfare of the populace of this city, let's just hope we will never need it. 3. Section 101.09, (2) A thru K cover the areas of concern for the police department and I concur with the contents of the suggested ordinance. If I can be of further assistance please contact me at your earliest convenience. EP/jh i I' ~ City of ,Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 I i MEMORANDUM i DATE: March 3, 1994 TO: Earle Petty Police Chief FROM. Kay O 'Halloran City Clerk I SUBJECT: Proposed ordinance I Please see the attached County Ordinance and note from Mr. Gilcher. i Please let me know your thoughts on this item. I will hold off sending it to C. I. Nash until I hear from you. i Thank you. I KO: js I attachment "~ ~ ,~'~'~'~' ~ ~'! '-"---------'---'~'~ ~'-" ._ ! ! I I oRDz~;mc~: 9.z .-2 8 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR THE ACTIVATION OF THE DISASTER EMERGENCY PLANS APPLICABLE TO INDIAN RIVER COUNTY AND ENUMERATING ACTIONS THAT MAY BE TAKEN DURING SAID EMERGENCY BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNT~, that: SECTION ~ A new section 101.09 of the Code is added to read as follows: , SECTION.. X01.09 - Disaster Emerqenc~...Plan~ (1) A proclamation declaring a State of Emergency shall activate the disaster emergency plans applicable to Indian River County and shall be the authority for use or distribution of any supplies, equipment, materials, facilities assembled or arranged to be made available pursuant to such pla'ns. (2) The following emergency measures may be taken during the proclaimed State of Emergency with such limitation and conditions as deemed appropriate to protect the health, safety and welfare of the community. I a) Suspend or limi~ the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles. I b) Establish curfews, includin- ~ ............ hibition of or restriction on pedestrians and vehicular movement, standing and parking, except for the. provisions of designated, I essential services, such ~s fire, police, emer enc mad vices and hospital services, g y ~cal sar- including the transportation of patients, utility emergency repairs and emergency calls by phy- sicians. ~) Utilize all available resources of the county govern- ment as reasonably necessary to cope with the disaster emergency, including emergency expenditures. -147- Declare certain areas off limits. e) Make provisions for availability and use of temporary emergenc~housing and emergency warehousing of materials. f) Establish emergency operating centers and shelters in addition to or in place of those provided for in the County's Emergency Plan. g) Declare that during an emergency it shall be unlawful and an offense against Indian River County for any person to use the fresh water supplied by the County or the City of Veto Beach for any purpose other than cooking, drinking or bathing. h) Declare that during an emergency it shall be unlawful and an offense against Indian River County for any person operating within the County to charge more than the normal average retail price for any merchandise, goods, or services sold during the emer- gency. The average retail price at which similar .merchandise, goods, or services was being sold during the ninety (90) days immediately preceding the or at . emergency a mark-up which is a larger percentage over wholesale cost than was being added to wholesale cost prior to the emergency. i) Confiscate merchandise, equipment, vehicles or property needed to alleviate the emergency. Reimbursement shall be within sixty (60) days and at customary, value charge for the items durin9 ninety (90) days previous to the emergency. J) Preceding or during the emergency, request assistance of the National Guard or the Army, Coast Guard, or other Law Enforce- ment divisions as necessary to assist in the mitigation of the emergency or to help maintain law and order, rescue, and traffic control. k) The powers enumerated in this section are illustrative and shall not be construed as a limitation on authority. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconsti- tutional, invalid or inoperative part. -148- EFFECTIVE DATE This ordinance shall become effective on ..bec~min~ law . Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 7 day of Ma_E___, 19 91 . This ordinance was advertised in the Veto Beach Press Journal on this 12 day of A r._.~, 19 91 , for a public hearing to be held on the 7 day of Mav , 19 91 , at which time it was' moved for adoption by Commissioner Eggert, and seconded by Commissioner Scurlock, and adopted by the following vote: Chairman Richard N. Bird A~e Vice-Chairman Gary C. Wheeler Commissioner Margaret C. Bowman Commissioner Don C. Scurlock, Jr. Commissioner Carolyn K. Eggert AFc BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTX, FLORIDA Richard N. Bird, Attest Chairman Jeffrey K. Barton, Clerk b~ A. Waterhouse, O.C. Acknowledgment by the Department of State of the State of Florida, thls day of , 19 . Effective .d&te: Acknowledgment from the Department of State received on th~s day of , 19 at a.m./p.m, and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. -149- City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 AGENDA FORM SUB~ECT~ Proposed Deletion of Section 38-1 Code of Ordinances Re: Blank Lines on Election Ballots APPROVED FOR SUBMITTAL BY: City Manager: O~ ) Agenda No. ~,/03 ) ) Dept. Origin City Clerk ) ) Date Submitted 3/21/94 ) ) ) For Agenda Of 4/6/94 ) ) Exhibits: Clerk Memo dated 3/9/94 City Attorney Letter dated 1/27/94 Excerpts of FS 99 and 101 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Ordinance No. 0-93-04, adopted on January 27, 1993 and approved at the March 9, 1993 election, amended Section 4.12 of the City Charter relative to providing blank lines on ballots for write- ins. The only language currently in the Charter relative to ballots is in 4.09 and simply states, "The ballots shall conform to the form of ballots prescribed by the general election laws of the State of Florida.". During preparation for this year's election, it was discovered that Section 38-1 (b) of the Code of Ordinances still contains a requirement for blank lines on ballots. The Supervisor of Elections for Indian River County has stated, from year to year, that Sebastian is the only municipality in the County which regulates provisions for blank lines for write-ins. Agenda Transmittal Section 38-1 Code of Ordinances Page Two Since Florida Statutes requires qualifying as a write-in candidate in a specific time frame, and due to the fact that no one qualified for the March 8, 1994 election as a write-in, the Supervisor of Elections was not required to provide blank lines. The City Attorney has provided the opinion that City Council consider revision to Section 38-1 (b). Removal of the language would not eliminate the ability of a candidate to qualify as a write-in in accordance with Florida law, however, it would remove the City's fixed requirement of 38-1 (b) for placement of blank lines on the ballot. RECOMME~ED ACTION Review Section 38-1 (b) and if City Council concurs, direct the City Attorney to draft an ordinance to delete its language. \ws-min\agenda.for I i I I i I I I I I I I I i i (b) In addition to the names printed upon the ballot, and whether there be any names printed upon the ballot or not, there shal~, b~e printed ~Dde~ each office ~_Q Be voted for at the ~ blank ~i~e$ in number ~rdin~ ~o the number o~f Persons ~ ~ b__e ~d to ~ that ~; provided, the supervisor of elections may provide voting machines for any election. I immediately contacted the Supervisor of Elections who noted that Section 99.061, Florida Statutes, does provide for write- ins. She also remarked, as she has in the past, that we are the only municipality in indian River County that specifically provides for write-ins. I then contacted the City Attorney and asked him if believed that in deleting write-ins from the Charter, Section 38-1 (b) had been overlooked and whether by virtue of the existence of 38-1 (b) we must still provide blank lines for write-ins. He faxed me an opinion that day (see attached). As a result of provisions of 99.061 (3)(a), Florida Statutes, which states, "Each person seeking to qualify for election to office as a write-in candidate shall file his qualification papers with the respective qualifying officer at any time after noon of the 1st day for qualifying, but not later than noon of the 7th day following the end of the qualifying period for the office sought.", and the fact that no one qualified as a write-in candidate by January 28, 1994, the Supervisor of Elections did not have to provide blank lines on the City's ballot. The city Attorney further recommends that the City Council consider revision to Chapter 38 in light of the recent revision to the Charter. sam 2 01/27~4 16:22 ~ 407 951 3741 FRK~, NASal e% al ~~.~ January 27, 1994 o,~%~, FACBI~Z (4071 58~-5570 & U.S. Sally Ma/o, Depu=y City Cl~k City of Se~=tian 1225 Mtan Street SebaB=tan, FL 32958 Re: Legal Oginton Pertaining to Write-in Candidates' for Offiue our File No. 94-2533 Dear This let=er is in response to your verbal re, est ~or an opinion per=aining =o ~he form of ~11o~ for %he Ct~y of for ~e upcoming municipal election. You had inquired w~e=~er ~he ballot ~o~ should provade lines for write-in candidates. . In responding ~o your re~es~ for a~ opinion, I have reviewed ~=~cle IV of the Se~stia~ City ~arter, Cha~er 38 ~f the Code of Ordinances of the City of Sebastian, and provisions in the ~ ~ per~aini~g =o elections, iDcluding ~apters 99 and 101. __ Based on ~e foregoing, i= i= my opin2on =hat a wri=e-in candlda=e mus~ for electto~ to office between the first day ~or qualifying and ~oon on ~e seventh ~ay following ~he end of =he qualifying period. ~he rationale for my opinion ba~ed on =he provisions of Sec=~on 4.01 of =he Sebastian charter a~d the provisions of section 99.061(3), Florida Statutes. It ts my reoo~endation ~a~ ~he City Council consider making revisions ~o ~agter 38 of. the Code of Ordinances of ~he City of Sebas=lan in light of previous cba~ges made to ~he City Char=er. If you have any ques=tons concer~ing this opinion, please not hesitate to co~tac~ me. Sincerely yours, Charles Ian Nash City Attorney ICIN/lpp Ch. 99 CANDIDATES, CAMPAIGN EXPENSES~ AND..CONTESTING ;i ;=CTIONS a. The officer before whom he qualified if the officer held an elective office; or b. The person or authority who appointed the offi- cer if the officer held an appointive office, (g) The provisions of any special act to the contrary notwithstanding, with regard to an elective office, the resignation creates a vacancy in office to be filled by election, thereby permitting parsons to qualify as candi- dates for nomination and election as if the officer's term were otherwise scheduled to expire. With regard to an elective charter county office or elective municipal office, the vacancy created by the officer's resignation may be filled for that portion of his unexpired term in a manner provided by the respective charter, The office is deemed vacant upon the effective date of the resigna- tion submitted by the official in his letter of resignation. (5) A parson who is a subordinate officer, deputy sheriff, or police officer need not resign pursuant to this section unless he is seeking to qualify for a public office which is currently held by an officer who has authority to appoint, employ, promote, or otherwise supervise that parson and who has qualified as a candidate for reelection to that office. However, upon Qualifying, the subordinate officer, deputy sheriff, or police officer must take a leave of absence without pay dudng the period in which he is a candidate ,for office. (6) .The name of any person who does not comply with this section may be removed from every ballot on which it appears when ordered by a circuit court upon the petition of an elector or the Department of State. (7) This section does not apply to: (a) Political party offices. (b) Persons serving without salary as members of an appointive board or authority. (8) Nothing contained in subsections (3) and (4) relates to persons holding any federal office. 1.1~.--$. 1. Ch. 6~9; s, 2, Ch, 1~;..378; s. 1, c'h. 70-80; e. 10, Ch. 71,,37~, ~. 1, Ch, 74-?6; $. 3, eh. 75--196: ~. 1, Ch. 79-.391; $. 47, Ch. 81-~9; $. 1, Ch, s. ~8, ¢~. 84-,31~; s. 31, Ch, 91-107, 99.021 Fena of camlidate ~ (1)(a) Each candidate, whethera party candidate, an independent candidate, or a write-in candidate, in order to qualify for nomination or election to any office other than a judicial office as defined in chapter 105, shall take and subscribe to an oath or affirmation in writing. A printed copy of the oath or affirmation shall be furnished to the candidate by the officer before whom such candi- date seeks to qualify and shall be substantially in the lowing form: State of Florida County of Before me, an officer authorized to admi'niater oaths, personally appeared ~ =~nt n.~... ,ou ,,~. to.=oe.r on ~ . to me well known, who, being sworn, says that he is a candidate for the office of __; that he is a qualified elector of County, Florida; that he is qualified under the Constitution and the laws of Florida to hold the office to which he desires to be nominated or elected; that he has taken the oath required by ss. 876.05--876.10, Flor- ida Statutes; that he has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with that of the office he seeks; and that he has resigned from any office from which he is required to resign pursuant to s. 99.012, Florida Stat. utes. Sworn to and subscribed be/ore me this __ day of ~, 19 , at .... County, Florida. fSianatum and title (b) in addition, any person seeking to qualify for nomination as a candidate of any political party shall, at the time of subscribing to the oath or affirmation, state in writing: 1. The party of which he is a member. 2. That he is not a registered member of any other political party and has not been a candidate for nomina. tion for any other political party for a period of 6 months preceding the general election for which he seeks to qualify. 3. That he has paid the assessment levied against him, if any, as a candidate for said office by the execu- tive committee of the party of which he is a member. (c) The officer before whom such parson qualifies shall certify the name of such .person to the supervisor of elections in each county affected by such candidacy so that the name of such person may be printed on the ballot. Each parson seeking election as a write-in candi- date shall subscribe to the oath prescribed in this sec- tion in order to be entitled to have write-'ir~ ballots cast for him counted. (2) The provisions of subsection (1) relating to the oath required of candidates, and the form of oath pre- scribed, shall apply with ·equal force and effect to, and shall be the oath required of, a candidate for election to a political party executive committee office, as provided by taw. The requirements set forth in this section shall also apply to any person filling a vacancy on a political party executive committee. H~IeW.--ar,. 22, 23, oh, 64E~. 1913; RCS 326, 327; CGL ;383, 384; s, 3. Ch. 1~163, 19~; s, 3. Ch, ~1~70, 1951; s. 10, Ch. 2~156, 19~3; $, 1, Ch. 57-742; IL 1. Ch. 61-12~; s. 2. ~, 63-2~; s. 1, c~. 63-66; s, 1. Ch, ~5-376; s, 1. Ch. 67o149; ~, 2. ch. 70-269: s. 3, ch, 86-134. g9.061 Method of qualifying for nomination or elec- tion to federal, state, county, or district office.-- (1) The provisions of any special act to the contrary notwithstanding, each person seeking to qualify for nomination or election to a federal, state, or multicounty distdCt office, other than a judicial office as defined in chapter 105, shall file his qualification papers with, and pay the.qualifying fee, which shall consist of the filing fee and election assessment, and party assessment, if any has been levied, to, the Department of State, or qualify by the alternative method with the Department of State, at any time after noon of the 1st day for qualifying, which shall be as follows: the 120th day prior to the first pri- mary, but not later than noon of the 116th day prior to the date of the first primary, for parsons seeking to qual- ify for nomination or election to federal office; and noon of the 50th day prior to the first primary, but not later than noon of the 46th day prior to the date of the first pri- mary, for persons seeking to qualify for nomination or 628 election t~ ever, thai candida~ to such from the cendida~ number_~ (2) ~ notwithst; nominatio[ shall file[] lying fee~ assessmel led, tO, tl~ election~-"~,, lying, whic special ~ election is or genaqk to the fir[] clay priorll after the c "::::~: tive coaml~ elections date ~elc~ whiCh shall dates for c~ of the le~ (3)(a) ~ office as a i~.~. papers witt after nco~ ::: noon of t[] bedod fofq 2' (b) Any candidate~ tion asse~ date shall~l any ballot; t shall be 1 son may '(4) Attt date for a~ : disolosure~ Of the State '.:;-office, inclu, " ment of fi~ ,(5) ThB · ~ suberviso~ date for qua dates for r the ,D e ~aot in this sectic sary petitklB by the alte~ · andsuch~ll F.$. 1993 clare for qualifying, the names of all duly qualified candi- dates for nomination or election who have qualified with the Department of State. ~. (6) Notwithstanding the qualifying pedod prescribed :.~n'this section, if a candidate has submitted the neces- CANDIDATES~_CAMPAIGN EXPENS~__~AND CONTESTING ELECTIONS election to a state or multicounty district office. How- ever, the qualifying fee, if any, paid by an independent candidate or a minor party candidate shall be refunded to such candidate by the qualifying officer within 10 days from the date that the determination is made that such candidate or minor party failed to obtain the required number of signatures. (2) The provisions of any special act to the contrary notwithstanding, each person seeking to qualify for nomination or election to a county office, or district or special district Office not covered by subsection (1), shall file his qualification papers with, and pay the quail- tying fee, which shall consist of the filing fee and election assessment, and party assessment, if any has been lev- ied, to, the supervisor of elections of the county, or shall qualify by the alternative method with the supervisor of elections, at any time after noon of the 1st day for quali- fying, which shall be the ,~0th day prior to the first pri. mary or special district election, but not later than noon of the 46th day prior to the date of the first 13dreary or special distdct election. However, if a special district election is held at the same time as the second primary or general election, qualifying shall be the 50th day prior to the first primary, but not later than noon of the 46th day prior to the date of the first primary. Within 30 days after the closing of qualifying time, the supervisor of elections shall remit to the secretary of the state execu- tive committee of the political party to which the candi- date belongs the amount of the filing fee, two-thirds'o/ which shall be used to promote the candidacy of candi. dates for county offices and the candidacy of members Legislature. Each person seeking to qualify for election to Office as a write-in candidate Shall file his qualification papers with the respective qualifying officer at any time after noon of the 1st day for qualifying, but not later than noon of the 7th day following the end of the qualifying period for the office sought. (b) Any person who is seeking election as a write-i~ shall not be required to pay a filing fee, elec- tion assessment, or party assessment. A write-in candi- date shall not be entitled to have his name printed on any ballot; however, space for his name to be wdtten in shall be provided on the general election ballot. No per- son may qualify as a write-in candidate if he has also otherwise qualified for nomination or election to such office. (4) At the time of qualifying for office, each candi- date for a constitutional office shall file a full and public disclosure of financial interests pursuant to s. 8, Art. II of the State Constitution, and a candidate for any other office, including local elective office, shall file a state- merit of financial interests pursuant to s. 112,3145. (5) The Department of State shall certify to the supervisor of elections, within 7 days after the closing ?dry petitions by the required deadline in order to qualify ~)Y the alternative method as a candidate for nomination :and such candidate is notified after the 5th day prior to Ch. ~1 the last day for qualifying that the required number of signatures has been obtained, such candidate shall be entitled to subecdbe to the candidate's oath and file the qualifying papers at any time within 5 days from the date such candidate is notified that the necessary number of signatures has been obtained. Any candidate who quali- fies within the time prescribed in this subsection shall be entitled to have his name pnnted on the ballot. (7) Within 7 days after the closing of qualifying time or within 7 days after a candidate files his qualifying papers, whichever last occurs, the Department of State or the supervisor of elections, as the case may be, shall notify a candidate by registered mail of any error in his papers or fees. Candidates notified shall have 72 hours from the time such notification is received, excluding Saturdays, Sundays, and legal holidays, to file with the at3proprlate qualifying officer any papers or fees neces- sary to correct any such error. (8) Notwithstanding the qualifying period prescribed by this section, in each year in which the Legislature apportions the state, the qualifying period for parsons seeking to qualify for nomination or election to federal office shall be between noon of the 57th clay prior to the first primary, but not later than noon of the 53rd day prior to the first primary. 1,~14~.--~_, 25, 26, ch, 6~e. 1913; RGS 32~. 3~: CGL ~86, 387; as. 4, 5, Ch, ~,o~, ~, I~, 1, Ch. I~K), 1035; CGL 11~36 ,~. 386; s, 1, Chs. 1~007, 1~3(~. lg009. 1~1~; {3GL 1~10 ,~. 47~'3); s, 1. ch. 20619, 1~11; $. 1, Ch. 2~(X36, 1~45; ~. 1, Ch. ~4163, Ig47; s. 3, Ch. 2~0. 141; s, 11, cfi. 28156, 19~3; $, 4. Ch. ~36, la~.~; ~, 10, cfi, 57-1; s, I, ch. 59-84; 70-4~; $, 6, ch. 77-175; $. 1. ch, 78-1~; s. ;3, ch. 61-105; s- 2, ch. 83-15; 6, 2, ch. 83"~5; s, 1, cfi. 83-251; s. 2~. Ch. 84-302; s. 1, Ch. 86-7; $. 6, Ch. 8~..338; $. 8, Ch. IK)-315; 6. ~2, ch. 91-107. Nol~-.-Feemer a~. 102.3~, 102.33, 102.351,102.36, 1~2.~6. 102.l~. 99.081 United States Senatom elected in general electJon.--United States Senators from Florida shall be elected at the general election held preceding the expi- ration of the prese~ term of office, and such election shall conform as nearly as practicable to the methods provided for the election O/state officers. Nlalo~.~s, 3, Ch, 26870, 1051; s. 6, Ch. 77.175; s. 7, ch. 89_338, #ol~--Fe~n~ 6. 106.01. 99.091 Representatives to Congrass.-- (1) A Representative to Congress shall be elected in and for each congressional district at each general elec. tion. (2) When Florida is entitled to additional represents. fives according to the last census, representatives shall be elected from the state at large and at large thereafter until the state is redistricted by the Legislature. H~---~'=. 2, 3, Ch. 3~79.188~; F~ 157; s, 4. cfi. 4328.1895; s, 3, Ch, 453-/, 11~7; GS 174; FIGS 218; CGL 2~; $. 2. ch. 253~, 1~19; s. 3, Ch. 2~870, 1~51; s ~, ch, 77-175. , 99.092 Qualifying fee of candidate; notification of Department of State.-- (1) Each person seeking to qualify for nomination or election to any office, except a person seeking to qualify pursuant to s. 99.095 and except a Parson seeking to qualify as a wdte-in candidate, shall pay a qualifying fee, which shall consist of a filing fee and election assess- ment, to the officer with whom he qualifies, and any party assessment levied, and shall attach the original or signed duplicate of the receipt for his party assessment )r ~f ie 'e '~t ~5; 7, :h :le 3n df- -vi- , in to to ~ch sst .174. ~nt. not the and and the ervi. ;rich .. 1~49. s 16 RS. 1093 VOTING METHODS 101.22 Voting procedure, paper bellots.~Before any paper ballot is delivered to an elector at the polls on election day, one of the inspectOrs shall affix his initials on the line provided on each of the two ballot stUbs and the elector shall sign his name on the line on the top stub, or, if he is unable to wnfe, he shall sign his mark, The inspector shall compare the signature on the ballot stub with the signature on the elector's registration and, if necessary, require other identification. If the inspector is reasonably sure that the person is entitled to vote, he shall detach and retain the upper stub, and the elector shall go to the booth and mark his ballot and, after he has marked his ballot, he shall fold it so as to leave the stub remaining attached visible so that it can be detached without unfolding. The inspector shall com. pare it with the stub he retained and, if it is the ballot he delivered to the elector, he shall detach and retain the remaining stub, and the elector shall then deposit the folded ballot in the ballot box, But, if the marked ballot returned proves to be a different one from the one deliv* ered to him, the inspector shall search the elector, and, if the original ballot is found on his person, the inspeCtor shall take possession of the ballot and discharge the elector from the polling place without permitting him to vote. An inspector of elections, where paper ballots are used, is clothed with such police power as is necessary to carry out the provisions of this section. Hi~.--~.36. ch.4~. 1895; G~ 221; L 42, ch. ~, 1913; RGS 286. ~16, ~11; CGL 32~, 4(~, 8175; ~. 6, ch. 17866, s. 3, ch. 17~01, 1937; s. 6, ch. 25187, L 4, ch. ~2~. 194.9; s. 5, ch, 26870, 1951; &. 16. ch. 7'/.175; s. 35 ch 79-4(X) .. ~a,p~r ~s. 99.20. 102.41. ' ' ' V~' · 101.23 Election inspector to keep list of those (1) When any person has been admitted to vote, his be checked by the clerk or one of the inspec. at the place indicated upon the registration books history form provided by the supervisor. One of shall, .at the same time, keep a poll list names of electors who have voted or a list of ~istered electors, on which those electors who have are indicated. Such lists shall be available for during regular voting hours by poll watchers lesignated and appointed pursuant to s. 101.131., that the election inspector may regulate access the lists so as to ensure that such inspection does not interfere with the orderly operation of the place. (2) The inspectors shall prevent any person from a second time when they have reason to believe the person has voted. They shall refuse to allow any to vote who is not a qualified elector or who has disqualified to vote in the precinct, and may any elector from consuming more than 5 rain- in voting. 58. ch, 43~, 1895; G$ 236; RGS 281: CGL 3;37; L 5, ch. 26870. 1951; 1953; s, 11, ch. 65-380; s. 16, ch. 77-175. $. 99.37, Ballot boxes and beflots.~The supervisor of except where voting machines are used, shall for each polling place one ballot box of sufficient to contain all the ballots of the particular precinct, the ballot box shall be plainly marked with the name for which it is intended. An additional hal- AND PROCEDURE lot box, tf necessary, may be suppliecl to any precinct, Before each election, the supervisor shall place in the ballot box or ballot transfer container as many ballots as are required in s. 101,21. After securely sealing the ballot box or ballot transfer container, the supervisor shall send the ballot box or ballot transfer container to the clerk or inspector of election of the precinct in which it is to be used, The clerk or inspector shall be placed under oath or affirmation to perform his duties faithfully and without favor or prejudice to any political party (~s ~"~.. ,~,~ .~.~ ~-,:,s 1991 ,. 7, ch.,.~. ,.~: ,. 7 ch. ,.~ i997. , -~o ~-;, ~4.~c ~r~ S. 1, ch. 178~, 1937; s, 1, Ch. 24~8, 1947; ~. ~1, ch 2r~, 1~49; ~. 1, ch. 25384, 1~,19; s. 5, ch. ;i~M70, 1951; ~. 12, ch, 65-380; $. 16, ch. 77-175; s, 2, ch, s6-2lx). 101.251 Information whic~ aup~vt~or of el~tio~s mu~t .prim on ballots.-- (1) The supervisor of elections of each county shall print, on the general election ballots to be used in such county, the names of candidates .nominated by primary election or special primary elections or selected by the appropriate executive committee of any political party. (2) In addition to the names printed on the ballot as provided in subsection (1), the supervisor of elections of each county shall have printed on the general election ballot to be used in the county the names of the judicial officers, as defined in chapter 105, wh(~ are entitled to have their names ·printed on the ballot, and minor party and independent candidates who have obtained a posi* aq3ion on.the general election ballot in compliance with the uirements of this code, ) In addition to the names printed on the ballot, a nk space shall be provided under each heading for an office for which a write-in candidate has qualified. 1945; . , . ]a~.~, 1~7 CGL 312 s. 1, ch. 1418~7. 1931; s. 7. ch. 228,5~, s. ,5, ch, 25364. 1949; s. 5, ch. 263~9, 1949; s, 3. ch, 26~70, 1951; =. 6, ch. 57-1~; s. 8, ch. 65-378; s. 5, ch. 67-386; s, 4, ch, 70-2~9; $. 1, ch. 70.-4..39; s. 16. ch. 77-175; s. 8, ch. 81-105; s. 21, ch. 83-217. .- Noll.--Former as. 99.10, 99.131. 101.252 Candidates entitled to have names printed on certain ballots; exception.-- (1) Any candidate for nomination who has qualified as prescribed by law is entitled to have his name printed on the official primary election ballot. However, when there is only one candidate of any political party qualified for an office, the name of the candidate shall not be printed on the primary election ballot, and such candi- date shall be declared nominated for the office. (2) Any candidate for party executive committee member who has qualified as prescribed by law is entF tied to have his name printed on the first primary ballot. However, when there is only one candidate of any politi- cal party qualified for such an office, the name of the candidate shall not be printed on the first primary ballot, and such candidate shall be declared elected to the state or county executive committee, I, ll~.~s. 27. ch, 64~, 1913; RG$ 331: (;:GL 388; s, 3, ch. 26870, 1951; s. 1, ch. 63-99; s. 5, ch, 65-378; $. 16. ch. 77-175; s. 21, ch. 99-338. Na4e.~l~m~et ~s, 102.34, g9.041. 101.253 When names not to be printed on ballot.-- (1) No candidate's name, which candidate is required to qualify.with a supervisor of elections for any primary or general election, shall be printed on the ballot if such candidate has notified the supervisor of elections City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: RECOMMENDATION FROM PLANNING & ZONING COMMISSION REGARDING RECREATIONAL VEHICLES Approval For Submittal By: City. Manager ) Agenda Number:~Z//A!77.,~.~ ) ) Dept. Origin: .Community Development ) ) Date Submitted: ) ) For Agenda Of: ) ) Exhibits: ) 1. ) 2. ) ) 03/30/94 04/06/94 Memo dated 3/15/94 from P & Z Copy of Section 20A-5.16(C) (BC) EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: N/A N/A N/A SUMMARY STATEMENT Currently, Section 20A-5.16(C)(8) of the Land Development Code requires a maximum of 36 feet in length for all recreational vehicles, except a utility trailer or a cargo trailer. At its regular meeting of February 3, 1994, the Planning & Zoning Commission recommended to the City Council to delete the first sentence of this section, which would not limit the length of a recreational vehicle. When the Planning & Zoning Commission was reviewing the request from a citizen to amend the Land Development Code to allow a 40 foot R.V., instead of the 36 foot, they felt that there should be no length limitation on the R.V.s since there is not much of an aesthetic difference with a longer R.V.o RECOMMENDED ACTION Review the recommendation from the Planning & Zoning Commission. TO: FROM: DATE: RE: City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MEMORANDUM Mayor and City Council Suzi Holmes, Secretary/~ Planning and Zoning Commission March 15, 1994 R.V. Ordinance Revisions At their regular meeting of February 3, 1994, the Planning and Zoning Commission moved to recommend to the City Council to delete the first sentence of the existing code from Section 20A-5.16 (C)(8). :sh pzmemo,doc LEGAL BASIS .AND GENERAL PROVISIONS § 20A-5.16. Sec. 20A-5.16. Mobile homes, travel trailers, campers, boats, trailers, and recreational vehicles. A. Definitions. 1. Mobile home. A single- or multiple-family dwelling as de- scribed in section 20A-3.7(B)(1) of the Land Development Code. 2. Travel trailer. A portable structure built on a chassis as described in section 20A-3.7(B)(2) of the Land Development Code. 3. Camper. (a) A trailer or a semitrailer which is designed, constructed, and equipped as a dwelling place, living 'abode, or sleeping place (either temporarily or permanently) and is equipped for use as a .conveyance on streets and highways; or (b) Any motor vehicle which is designed, constructed, or modified, and equipped as a dwelling place, living abode, or sleeping place (either temporarily or permanently); ·: or (c) A trailer or a semitrailer, the chassis and exterior shell of which is designed and constructed for use as a camper, as defined in subparagraphs (a) or (b), but which is used instead, permanently or temporarily, for the advertising, sales, display, or promotion of mer- chandise or services. 4. Boat. A watercraft as described in section 6-1 of the Code of Ordinances of the City of Sebastian. 5. . Trailer. Any vehicle, with or without motor power, other than a pole trailer, designed for carrying persons' or prop- erty and for being drawn by a motor vehicle. 6. Recreataional vehicle (RV). (a) Any travel trailer, camper, boat, or trailer as defined herein. (b) If a boat is mounted on a trailer designed for the transport of such boat, then such boat and trailer shall be deemed to be a single RV. Supp. No. 6 335 § 20A-5.16. SEBASTIAN LAND DEVELOPMENT CODE (C) A travel trailer, csmper or trailer in tandem with one or in any other combination shall not be deemed to be a single RV, but rather each separate travel trailer, camper or trailer shall constitute a separate and dis. tinct RV. Primary front yard. The yard of an improved corner lot which is located between the side of the structure facing the street where the primary entrance is located and the street. Secondary front yard. The yard of an improved corner lot which is located between the side of the structure facing the street where the Primary entrance is not located and the street. B. Mobile homes prohibited. No mobile homes shall be permit- ted in any zoning district except the R-MH or RMH-PUD Districts. C. Parking and storage of recreational vehicles. Recreational vehicles as described herein may be parked, stored or placed on any improved lot in any residential' district, provided that: 1. 'The recreational vehicle is owned by the person residing ~.~ on the same improved lot on which the recreational vehicle is located. 2. The .recreational 'vehicle is not used for residential, office .or commercial purposes. 3. The recreational vehicle is not used for sleeping, house- keeping, or living quarters while parked on any improved lot. The attachment of one or more wires between the rec- reational vehicle and any electrical power outlet in a resi- dence shall be prima facie evidence of housekeeping. 4. 'The recreational vehicle is located to the rear of the front building line, and in no event less than twenty-five (25) feet from the front lot line, or is located wholly within a ...carp°rt or garage. Notwithstanding the foregoing sentence, with respect to locating recreational vehicles on the sec- ondary front yard of an improved corner lot, the recrea- tional vehicle 'need onl. y be located behind the front yard setback for such improved corner lot and need not be lo- Supp. No. 6 336 LEGAL BASIS AND GENERAL PROVISIONS § 20A-5.16. cated to the rear of front building line for the secondary front yard. 5. The recreational vehicle is not located within any road right-of-way. 6. In the event that the recreational vehicle is a collapsible camping trailer, the trailer must be stored in the collapsed state. 7. The recreational vehicle must bear a current State of Flor- ida registration. 8. The recreational vehicle, other than a utility trailer or a cargo trailer, shall not exceed thirty-six (36) feet in length. The recreational vehicle which is a utility trailer or a cargo trailer shall not exceed fourteen (14) feet in length. 9. No more than two (2) recreational vehicles shall be permit- ted on any one improved lot whose area does not exceed fourteen thousand nine hundred and ninety.nine (14,999) square feet. 10.' No more than three (3) recreational vehicles shall be per- mitted on any one improved lot whose area exceeds fifteen thousand (15,000) square feet, but is less than nineteen thousand nine hundred ninety-nine (19,999) square feet. 11. No more than four (4) recreational vehicles shall be per- mitted on any one improved lot whose area exceeds twenty thousand (20,000) square feet but is less than twenty-four thousand nine hundred ninety-nine (24,999) square feet. 12. No more than five (5) recreational vehicles shall be permit- ted on any one improved lot whose area is twenty-five thousand (25,000) feet or greater. D. Temporary trailers. Trailers used temporarily in connection with construction as a dwelling, office, salesroom, or security headquarters may be located temporarily in all zoning districts only after a building permit has been issued and during the period of construction activity, under a temporary zoning permit; provided, however, that any such trailer must be removed within ten (10) days after completion of construction or after the issu- ance of a certificate of occupancy, whichever first occurs. Supp. No. 6 337 City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: RECOMMENDATION FROM PLANNING & ZONING COMMISSION REGARDING GMC & MCR ZONING DISTRICTS Approval for Submittal By: City Manager 105' ) Agenda Number= 77' ) ) Dept. Origin: Community De.v_e..lopment ) ) Date Submitted: ) ) For Agenda Of: ) ) Exhibits: ) 1. ) ) 2. ) ) 03/50/94 (BC)~ 04/.06/94 Memo dated March 15, 1994 from Planning & Zoning Excerpts from GMC & MCR Zoning Districts EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: N/A N/A N/A SUMMARY STATEMENT Currently, the east side of Indian River Drive is zoned General Marine Commercial, except between Main Street and the Sebastian Yacht Club, which is zoned Marine Commercial Residential. Bait and tackle shops are permitted within the General Marine Commercial district, but not the Marine Commercial Residential district. Also, lots on the east side that are used strictly for parking lots would not be permitted within either of the GMC or the MCR zoning districts. The Planning & Zoning Commission at its regular meeting of February 3, 1994, recommended to the City Council to allow bait and tackle shops to be within the MCR zoning district as a conditional use and to allow parking lots as a conditional use within the General Marine Commercial and MCR zoning districts. The Planning & Zoning Commission felt that the bait and tackle shop being a water dependant type use, would be appropriate in all districts on the east side of Indian River Drive. Page 2 Regarding parking lots, the Planning & Zoning Commission felt that if there was sufficient land on the east side to put a small building and parking, it would be more advantageous to have just parking that would be utilized on the east side of Indian River Drive and a business on the west side. Allowing a parking lot on the east side would open up the view of the waterfront area and hopefully encourage the development on the west side of indian River Drive. Case in point. Mel Fisher's Museum would like to place parking on the east side of Indian River Drive, instead of any type of building and add a second floor to their existing building on the west side of Indian River Drive. RECOMMENDED ACTIQN Review the request from Planning & Zoning Commission. City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 TO: FROM: DATE: RE: MEMORANDUM Mayor and City Council Suzi Holmes, Secretaryi~ Planning and Zoning Co~mission March 15, 1994 MCR and GMC Zoning Revision At their regular meeting of February 3, 1994, the Planning and Zoning Commission moved to recommend to the City Council to allow bait and tackle shops to be within the MCR Zoning District as a conditional use and to allow parking lots within both the GMC and MCR zoning districts as a conditional use. The conditions to be met for parking lots within the GMC and MCR zoning districts is to meet the landscape requirements as outlined in the Land Development Code. :sh pzmemo.doc LEGAL BASIS AI~D GENERAL PROVISIONS Minimuxn building setbacks from property lines: § 20A.3.12. (c) (d) Front yard: 25 feet. Rear yard: Rear yards that do not front the 25 feet. Notwithstanding the foregoing, lands protection provisions ~ complied with. Side 15 feet. Provided, however, tha adj a residential district or reside ~es, landscaping and ments of thi~ ,de shall be compli Minimum between ' same lot: 20 feet. (Ord. No. 0-93-01, § 23, Maximum building covers Minimum open space nonresidential devel Code side is to existing require- ~th. structures on the dential uses. Whe opment is to be on the same rata open sp requirement shall be OS = × .25 TA) + (RA × .5 ( TA ) (TA OS = Open space -- Nonresidential acreage -- Residential acreage I~A = Total area Sec. '20A-sA2. 'GMC,' General"l~i-arin~'C°mmercial District. A. Purpose and intent~ The GMC, General Marine Commercial District, is established to implement comprehensive plan policies for managing land designated for marine waterfront commercial development. B. Permitted uses. In this district, as a permitted use, a building or premises may be used for only the below stated uses. All ap- plicable provisiOns of provisions of this Code shall be satisfied, including site plan review and performance criteria. Permitted uses: Wet or dry storage of boats, boat sales and rental, marine power sales and service, bait and tackle shop, Supp. No. 15 ' 143 nonresidential devel- the following pro .~esidential ~ 30 percent. surface): 25 percent for an fty (50) percent for resi- § 20A-3.12. SEBASTIAN LAND DEVELOPMENT CODE business and professional offices, restaurants (excluding drive- ins), fish markets, marine related specialty retail ~ales and services, yacht clubs, medical services and accessory marine related uses. (Ord. No. 0-93-01, § 35, 2-24-93) C. Conditional uses. In this district a building or premises may be used for the following conditional uses upon compliance with all applicable conditions stated in Article VI and all other appli- cable provisions of this code, including site plan review and per- formance criteria. The planning and zoning commission shall ascertain if such conditions and provisions are satisfied. Appeal of such decisions shall be heard bY the city council. Conditional uses: Bars and lounges, waterfront general co.m- mercial activities~ public parks and recreation, public and pri- vate utilities, public protective and emergency serwces, hotels, motel and transient quarters, and related accessory uses. D. Residential uses as special uses. This district is intended principally to accommodate marine related waterfront commer- residentml uses as specified Cial needs of the ci~y~ Neve'r't-l~ieS~ may be permitted as a special use permit if approved by the city council based on compliance with general criteria regulating spe- cial use permits pursuant to section 20A-2.6 and all applicable provisions of this code, including site plan review, performance standards and special criteria cited below: 1. Density: The density shall not exceed twelve (12) units per acre. Land in nonresidential land use shall not be used in calculating residential density. 2.' Minimum gree'n"~r~':' The minir~m green space ~hall be fifty (50) percent of the land use for residential uses, the same as for any other use within the GMC district as stated in subsection 20A-3.12(E)(6). 3. Minimum living area: The minimum floor area required for a single-family dwelling, excluding porches, terraces, attached garages, carports and other unenclosed areas, shall be one thousand (1,000) square feet. Every single-family dwelling unit shall .be required to pro- vide a garage.or carport. If a carport or similar unenclosed Supp. No. 15 144 § 20A-2.5. ~) SEBASTIAN LAND DEVELOPMENT CODE land use classification if conditional use criteria is s~fied: ' " ~ Wat~.ront or marine related specialt~ops: Restricted marin~e~r waterfront goods an~ccessories limited t_o sale o.~_ ems necessary a~ supportive to water- ' front activitf~s~ · ~ ' ' Boat rental . ~ ~ . ' ~d profess.)~l offices Marine fuel sales//.. ~ Yacht clubs ~ ~ Public park~nd recreation ~ Public u~l'~ties ~ Public~rotective and emergency servi~ AC~ri::-~ Yns U:ne~: faR: s~:o~r ::rtvS i :e~dlOun ge~.xclu ding Waterfront general commercial activities. The follow- mg compatible land uses are included in the water- front general commercial land use classification: Commercial wet or 'dry storage and boat sales and rental Marine power sales and service Bait and tackle shop Business and professional offices Restaurants and lounges (excluding drive-ins) Yacht clubs Residential units and other accommodations for sea- sonal transients with kitchen facilities Within each and all units Accessory marine related uses Fish markets Marine related specialty retail sales and services In addition, the following uses may be compatible ac- tivities within the waterfront general commercial land use classification if conditional use criteria is satisfied: Marine fuel sales Boat repair and services Public parks and recreation Public utilities Public protective and emergency services Accessory uses 64 i I i I I I i I I I I i I I i I LEGAL ]~,~IS AI~D GENEKAL pROVISIONS § 20A~$.11. Rear yard: Ten feet; except thirty (: abut- residential district. (Ord. 7. Maximum b 30 percent. 8. open space (pervious percent. 7. 0-91-4, § 1, 1-8-92) Sec. 20A-3.11. MCR, Marine Commercial and Residential District. A. Purpose and intent. The MCR district is established to im- plement comprehensive plan policies for managing land desig- nated for marine waterfront commercial development which is adaptive to iimited marine commercial and residehtial' ~{~e]~'l~ ment options. B. Permitted uses. In this district as a permitted use a building or premises may be used only for the below stated uses. All applicable provisions of this code shall be satisfied including site plan review and performance criteria. Ali uses on the east side of Indian River Drive, including single-family homes, shall comply with site plan review requirements due to the unique and fragile environment of the shoreline of the Indian River. Permitted uses: Single-family dwellings, multiple.family dwell- ings and including accommodations for seasonal transients in units with kitchen facilities, and residential and marine acces- sory uses. C. Conditionol ~ses. in this district as a conditional use a building or premises may be used for only the following condi- tional uses upon compliance with applicable conditions stated in Article VI and all other applicable provisions of this code, includ- ing site plan review and performance criteria. The planning and zoning commission shall ascertain if such conditions and provi- sions are satisfied. Appeal of such decisions bY the planning and zoning commission shall be heard by the city council. Conditional uses: Waterfront or mm~ne related specialty shops, home occupations, restaurant and lounges {excluding drive-in No, 15 141 ~ 20A.$.10. 8EBAffrlA~ LAND DEVELOPMEbFr 00DE C. Conditional uses. in this district as a conditional use a building or premises may be used for only the following condi- tional uses upon compliance with applicable conditions steted in article VI and all other applicable provisions of this Code, in- eluding site plan review and performance criteria. The planning and zoning commission shall ascertain ffsuch conditions and pro- visions are satisfied. Appeal of such decisions shall be heard by the city council. Conditional uses: Adult entertainment establishments, bars and lounges, child care facilities, drive-through facilities, farm- er's market, funeral homes, hotels and motels, indoor theaters and other enclosed commercial amusemente, merchandising of secondhand goods (including flea market), nursing homes (in, cluding rest homes or convalescent homes)~ public and private utilities, public parks and recreation areas, public protective and emergency services, restaurants (drive-in), vehicular ser~ vice and maintenance, veterinary medical services, whole-sale trades and services, and accessory uses. (Ord. No. 0-93-01, § 66, 2-24-93) D. Size and dimension criteria' 1. Minimum l°t si'~e] 'N~nei'exC~v~ h~'~o~Sa~d (10,000)square feet for new subdivisions approved subsequent to the adap. tiaa of this ordinance. 2. Minimum lot width: None; except seventy.five (75) feet for new subdivisions approved subsequent to the adoption of this ordinance. 4. 5. 6. (a) (b) (c) 8upp. No~ 15 Minimum lot depth: 125 feet. Maximum building height: 35 feet. Minimum living area: N/A. Minimmn building setbacks from property lines: Front yard with sidewalks, curb and gutters: None re- quired. Front yard without sidewalks, curb and gutters: 6 feet. Side yard: ii feet; except ten (10) feet when abutting a residential district. 140 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 ·· SUBJECT: REQUEST FROM BOY SCOUTS ) Agenda Number: ~'/~ OF AMERiCA/INDIAN RIVER DISTRICT ) TO UTILIZE RIVERVIEW PARK & TO ) Dept. Origin: Community Development --· ~AVE A PARADE ON INDIAN RIVER ) (BC~ DRIVE ) Date Submitted: 03/31/94 Submittal By: ) A~_roval for City Manager ) For Agenda Of: ) ) Exhibits: ) 1. Letter dated 3/10/94 from Gregory ) E. Smith ) EXPENDITURE REQUIRED: Approx. $700.00 AMOUNT BUDGETED: Not Budgeted APPROPRIATION REQUIRED: $7o0.00 S~RY STATEMENT The Indian River District Boy Scouts of America is requesting to utilize Riverview Park and to utilize Indian River Drive for a parade on May 14, 1994. The City Council has previously approved the use of the park on May 14, 1994 for the Sebastian River Art Club, but Mr. Smith, Committee Chairman, has coordinated with the Art Club to utilize the park in conjunction with their event. The parade would start at 9:00 a.m. on May 14th, and would begin at the corner of Davis and Indian River Drive and would proceed to the south and end up at the Riverview Park. I have checked with the following departments to determine the manpower and approximate costs that the City would incur if the City Council was to approve the parade: Police Department - Chief Petty has indicated that an additional four (4) officers would be needed for the parade, which would cost approximately $336.00 in overtime. Page 2 Public Works Department - Dan Eckis has indicated approximatley seven (7) Public Works employees would be necessary to close off Indian River Drive, which would cost approximately $350.00 in overtime. If the City Council is inclined to approve this use, the applicant will still need to obtain approval from Indian River County since this is a County road. Although there are monies available within both departments budget for overtime, neither department had anticipated this expenditure. If the City Council approves this request, I would recommend the following conditions: 5. 6. 7. 8o $100.00 security deposit. No vehicles in the park. Applicant to provide sufficient waste receptacles and clean up after the event. No alcohol beverages are permitted within the park. Any displays must be cleared of the sidewalks and entranceways. The sale of premanufactured items is prohibited. Applicant must contact the Health Department regarding the sale of food. The applicant must coordinate with the Police Department for traffic control. RECOMMENDED ACTION Review the request from the Boy Scouts of America. March 10, 1994 1225 Main Street Sebastian, Florida 32958 Dear Mayor Powell and City Councilmen: On February 09, 1994 I wrote you a letter requesting permission to use Riverview Park for the annual Indian River District Boy Scouts of America Scout Show and parade. I received a reply from Mr. Bruce Cooper stating the park was in use for that date by another organization. I've recently spoken with Mr. Cooper and he suggested that I request permission for the use of NORTH RIVERVIEW PARK for that date (May 14, 1994) and also request permission for the use of INDIAN RIVER BOULEVARD for our parade. The scout show consist of Cub Scouts, Boy Scouts, Explorers and the general public from Indian River County. The scouts will set up tables to show some of their projects they have completed during the year. This year the theme will be "SCOUTING, A WAY OF LIFE". Every pack, troop, and post will be asked to set up a booth. The boys will receive. awards for their booth, matching theme and originality of ideas. Some of the other events are pine wood derby (miniature cars what are rolled down an incline ramp), demonstrations by area departments (Fire, Police and EMS), and food concession stands and of course, the parade. The parade will consist of marching units, floats and vehicles. If the City of Sebastian grants the Indian River District Boy Scouts permission to hold their annual scout show and parade in Sabastian this year, the boy scouts of the Indian River District would clean the area and return it to the original state upon completion of the show. Page 2 Mayor Powell The Boy Scouts of America-Indian River District would appreciate the use of Four park and roadway on May 14, 1994 and would like to thank you in advance for your consideration in this matter. If you should have any questions regarding this upcoming event, please call me at 569-6700 Ext 352. Sincerely, Gregor~ E. Smith Committee Chairman Indian River District Scout Show 4055 41 Avenue Veto Beach, Florida 32960 (407) 569-6700 Ext 352 City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 AGENDA FORM SUBJECT: Indian River County and Regional Board Liaisons APPROVED FOR SUBMITTAL BY: City Manager: ~,~, Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: .C. ity Clerk ~0'~ 3/29/94 4/6/94 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Historically, subsequent to the General Election and seating of newly elected officials, Indian River County and regional board liaison appointments are made by the Mayor. According to Indian River County staff, current members may remain in their positions if they choose to do so. There are currently vacancies on the Affordable Housing Advisory Committee, Emergency Services District Advisory Committee, and Treasure Coast Council of Local Governments. The boards to which the City of Sebastian sends representatives are listed below along with the names of current representatives. Affordable Housing Advisorx gommlttee (Indian River County) Current Member: Vacant (Powell assigned Bruce Cooper last year) member can be elected official or other city representative appointed by governing body Councll of Public offlcials (Indian River County] C~rrrent Member: Robert Freeland -- ~ J~J~ Economic Development ~ (Indian River County)~ . Current Member: Norma Damp~3~w~ '~~ Emeraencv Services ~t Advisory C. ommittee (Indian River County) Current ~: Vacant /~/~ ~0')A~/o/Z- /~/~7~ Land Ac~ Committ,ge (Indian River County) Current Member: Carolyn Corum Munic~,p~l Planning Organization (Indian River County) (Previously called Transportation Planning Committee) current Member: Frank Oberbeck Current Alternate: Robert Freeland Staff Repres~Dtative: City Engineer, Dan Eckis Sebastian River ~rea Chamber of Commerce Current~: Arthur Firtion Alternate Member: ~ J)~/ ~ goast council of Local Gover~ents (Regional) Current Member: ~Alternate: Robert Freeland Member should be elected chief executive or member of governing body- can appoint an alfernate Treasure Coast Regional Planning council (Regional) (City of Sebastian currently serves as alternate member) Current Member: Carolyn Corum in 1995 Sebastian will become voting member for two years RECO~NDED ACTION Mayor Firtion should request volunteers from among members of City Council for vacant positions and appoint accordingly. \ws-min\agenda.for 2