HomeMy WebLinkAbout04071993I
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, APRIL 7, 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
3. ROLL CALL
93.112
4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
5. PROCLAMATIONS/ANNOUNCEMENTS
A. Presentation of Plaques to Former Council Members
Dr. Peter R. Holyk and George G. Reid
6. PUBLIC INPUT ON AGENDA ITEMS
please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the council.
93.113
CONSENT AGENDA - None
MAYOR .AND CITY COUNCIL MATTERS
A. vice-Mayor Frank Oberbeck
B. Mrs. Carolyn Corum
1. city Council Seating Arrangement (No Backup)
93.114
PGS 1-10
93.115
PGS 11-44
93.116
PGS 45-52
93.107
PGS 53-66
93.117
PGS 67-68
93.118
PGS 69-70
93.119/
92.140
PGS 71-73
93.120/
92.060
PGS 75-82
Indian River County Proposed Ethics Rules
(City Clerk Recommendation dated 3/31/93, IRC
Minutes)
Community Center/Yacht Club Fee Waivers
(City Clerk Recommendation dated 3/31/93,
Related Resolutions, 87/88 Correspondence/
Minutes, Organization List)
C. Mrs. Norma Damp
D. Mr. Robert Freeland
E. ~ Lonnie R. Powell
Resolutions Nos. R-89-30 and R-89-59 Re:
Procedures for Public Input and Introduction
of Business Items (city Clerk Recommendation
dated 3/31/93, R-89-30 and R-89-59)
Pending City Council Items (city Clerk
Recommendation dated 4/1/93, Pending List
w/City Manager Comments)
CITY ATTORNEy MATTERS
CITY MANAGER MATTERS
WORKSHOP ITEMS
Exchange Club of Sebastian - Request Use of
Riverview Park - Carnival - 5/22/93 (Staff
Recommendation dated 3/25/93, Wetherald Letter
dated 3/17/93)
Vietnam Veterans of America - Request Use of
Riverview Park - Carnival - 5/20/93 through
5/23/93 (Staff Recommendation dated 3/25/93,
McGhee Letter dated 3/18/93)
Yacht Club Finger Pier Extension (Staff
Recommendation dated 3/24/93, Fey Letter dated
1/18/93)
Communications Tower - Proposed Lease Agreement
and Monthly Fee (Staff Recommendation dated
3/16/93, Chief Memo dated 3/16/93, Proposed
Agreement, IRC Rate)
93. 121
PGS 83-86
93. 122
PGS 87-96
93. 123
PGS 97-145
93.124
PGS 147-154
93.020
PGS 155-160
12.
93.091
93.125/
92.189
PGS 161-180
Ps
1993 Institute for Elected Municipal Officials
(City Clerk Recommendation dated 3/31/93,
Brochure)
Proposed Cemetery Rate Resolution (Staff
Recommendation dated 4/1/93, R-91-17, city
Engineer Memo dated 3/19/93, Sexton Memo dated
3/24/93, Revenue Recap, Comparison Schedule)
Proposed Sign Ordinance (Staff Recommendation
dated 3/30/93, Proposed Ordinance Language)
Proposed Waterway Ordinance Re: Motors, Docks,
Davits, Etc. (Staff Recommendation dated 4/1/93,
Proposed Ordinance Language)
Proposed Animal (Pet) Ordinance (Staff
Recommendation dated 4/1/93, Proposed Ordinance)
INTRODUCTION OF BUSINESS BY THE PUBLIC (which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
A. Debra Curbow Re: Blossom Lake Park (No Backup)
Herbert Sturm Re: Code Enforcement Board (City
Manager Recommendation dated 3/31/93, Sturm
Brief)
13. 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.)
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
I AGENDA FORM
SUBJECT:
Indian River County Proposed
County Code of Ethics
APPROVED FOR SUBMITTAL BY:
City Manager: ~
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Exhibits:
~ity Clerk/~~
for Council-
member Corum
3/31/93
4/7/93
County Commission Minutes and
Proposal
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Councilmember Corum has requested an agenda item regarding the Indian
River County proposed Code of Ethics for the April 7, 1993 workshop.
Attached please find documentation submitted by the County Commission
office.
RECOMMENDED ACTION
Review attached documentation.
?& I/q
ON HOTION oner Bird,
1992: ·
TO: ,* Board of County Com~slone~
F~OM: Co~nato~ ~eth ~t~
DATE: ' November 18, ~992
RE: ' COUNTY CODE OF
Chapter 112, Pa~ IIX, ~o~da Statutes con~s a Code of ~es for
employee or ad~sor of ~ver~nt must help to ea~ ~d must honor
tht trust by ~s ~ ~to~ty. ud ~nduot ~. ~ o~ml actions. I
fool t~t ad~on~ otM~I ~qut~monts should bo o~etod ~t ~so the
s~nds~ds beyond tht ~q~d by C~ptor ~2, FJo~da S~tutes. To
~t end, I bye p~ep~d ad~o~ st~d~ds modeled ~tor Federal
o~ds. My p~pos~ Js at~chod. If you a~e, I ~oommend that
the County Attorney be ~stmcted ~ propa~ u
h~ d~ts bo se~oted.
60
· /':~ "'JO I ::) ; ,g, Z lng . IJ U ~"i"' . U ,,_3
INDIAN RIVER COUNTY
INTER - OFFICE MI~IOI~ANDIJM
TO:
Fit OM;
RE:
Commissioner Kennetll Math
November 18, 1992 i
~OU~ COD~ OF ~HIC~
Chapter 112, lPa~t III, Flol~lda Statutes oont~s a Coda
Pub~ O~lce~ and employees. ~J~s pa~t p~vldes ~ ~od
~mplo~ee or advlso~ of ~ve~nment must help to earn ~d must hono~
Iht t~st by ~s own ~te~lty and conduct tn a~ o~1 actions. I
standards beyond that ~q~d by C~pte~ 112~ Florida Statutes. To
that ~nd~ I have peepaved ad~tlo~ slanda~s modeled ~e~
standards. M~ pvopos&l ts stashed. If you a~e, I ~oommend that
the County Attorney be lnst~eted to ~vepa~ ~ o~d~no~ ~d a public
"1
ATTACHMENT
Section 104.05. Code of ]Ethics and Conduct.
(1) This Code of' Ethics ts in addition to the requt~mnts of' C~pte~
1~2, Florida S~tU~eS. Where ~he~ is a oo~lct be~w~n Chapter
F.S. ~d t~s code the mo~e st~n~ent ~oq~lmGnt s~l apply.
(2) This code sh~l apply ~o county com~ssione~s, count~ o~Jcers
and a~ county employees. The tepm "peasen' s~il also include
com~ssloners, county officers and county employes. Written requests
for lnte~p~e~flve rungs eonee~g the app~bl~ty of tMs code may '
be submitted to ~)e county attorney for written reply. A vice,on of
tMS code by an employee may be cause for appropr~te ~scipBnarF
action w~oh my be ~ ad~on to any penury appB~ble under s.
(S) (a). The~-approp~la~--oounty-. o~lo~r, will .promp.tly...lnveetl~ats~
w~tte~ '~ompl~nts of In.dents or situations In'which tt appears t~t..a.~.~
~ounty employee my have ended In ooaduot contras' to"~a 'code.'"
'The ~esul~ of the investi~on s~ll be ~o~wa~ded to t~ county"'
alto~ey f~r a det~natton ~ a ~olation has oo~d; ..... If'
.is-found" to e~st' the app~op~t~ county offl~ s~l~ ~e ~p~na~'"..'
$50.00 is ~volved, a written ~2p~nd and a wor~g ~y suspension
~thou~ pay, for a second offense or any other offense disease.
(b) IMormation concerning ~y incident or situation
appears t~t a county officer or county oomssioner may ~ve ended
~n conduc~ cont~ ~o t~s code should be fo~a~ded by
~ft~vlt to the state attorney for the N~eteenth Ju~ District for
Ms lnvesgp~n and app~prkte action.
(4) A person s~B avoid any acgon whether or not
proMblted by tMs section, w~oh ~ght result tn, or c~ate the
appearan~
(a) Using pubBe office for p~lvats ~n;
(b) Giving p~fe~en~l t~eatment to any person;
(c) I, mpeding Government effl~ten~ or economy;
I (d) Losing complete tndependeno~ or impartiality;
(e) Maktn~ a Government decision outside o££ialal channelsl or
I (f) At'coting adversely the oor~ldenoe of the public in
' inte~tty of the Government.
the
(5) ]Except as provided in paragrapll (b) of this subsection, a person
shall not solicit or accept, directly or indirectly, any ~df't~ Gratuity~
favor, entertainment, loan ~ or any other thln~ of monetary v~lue ~ from
anyone who: ,. ~,~,//~'
~NUIHN K~VLK LWUN I T ~W;4UF--FFU--~UW~ MNK ZW'~8 15:4~ NO .OOY P.O~
(1) Has, or lo scolding to obtain, contractual or other busLuess or
financial relations with ~e
(2) Conducts operation or sctivl~es t~t are re.bred by
count~ ;. or
~o~ormance or nonpe~ormn~ of ~e po~son*s o~j~
(4) Is In ~ wGy attemp~ to ~eot the .employee's o~i~
(5) Is offe~ng an~ng of monet~ value, including food and
~f~eshmonta. to an employ~ bemuse off the employee's
position.
(b) The p~Mbttions enumerated ~ paragraph (a) of t~s section
do not apply 'in ~e situations enumerated below:
(1) Who~ obvious fa~ly (such as those between the parents
o~ldren, or spouse of the employee and tho employee) or
~ehtionsl~p8 ~ther than the business ~ tho persons
con,mod which a~ the motfva~nK factors;'
(3)
(4)
(5)
Food and refreshments) not lavish In kind,, may be accepted
when (i) offered free In the course of a meetinE or other
~--~oup function not connected with an inspection or
tnvestil~ation, at which attendance is d~st~bl~ b~use it ~1
assist tho employee in perfectek ~ or he~ eiffel dutios l
so~na~ oF edu~tion~l co~e~nce. No~]~ in t~8 exception
e~il be construed to peF~t acceptance of an ~nvl~on to
lunch or dinner to discuss business.
l-sial may be obtained from beaks ox-. other- financial
institutions on customary terms to finance px-oper and usual
Ur/soll~tted &dvertisinK or promotional surex-iai such as pens,
pencils, note pads ~ oalendal-s and other items of nominal
to tho emplo~oos
Gifts given for participation Iii e proi~T'am, ssn~tnsr or eduoa-
· ~ional conference may be ao0epted only when such ~ts u~o
(3) o~ nounal intrinsic vslu~ (~) Jn tho ~tu~ o~ a ~mom-
(c) A person shall not solicit a contribution from another person
for a L~l/~t to an official superior, make a donation as a ~t to an o[~ioial
superior, or a~cept a ~t ~rom 8 person reoeiv~g loss pay the ~m-
ltoweve~, this para~'raph does not prohibit a vo]uatary Sift of
~omir~l value o~ do~tlon in
(~) No person o~ employee m~ en~ ~n out.de employment o~ othe~
outside activity, ~th or ~thoul compensation, wMch ~ ~ ~o~t with
or other~se not compatible with the full and proper diso~r~
duties and ~sponaiblHtles to Indian Rlvor County. Incompatible
ac~vltl~s lnclud~ but a~ not ~ted
in w~ch a~ep~nce ma~ ~esult in,
co~cl of ~te~s~ situ~on;
(2) Outside employment w~ch t~ds to lmp~
physl~l ~paolty to perform ~s du~es and responslbffi~es In an
ack, table runner; or
(3) Outside employment or activities (excludin~ the pubBcation of
a~ttcles) wMch ~aso~bly ~ght be ~ded as offl~al actions of
the oounty or wMch ~ht br~ ~scredit upon the county; or
(4) D~I office hold~ as p~Mblted by Art. II, Sec. 5. Fla.
Const.
1NUIHN KIV~K ~UUNIY 1D:~Ud--ddU--bU~ ~HK Z~'~ 1~ ;~ N0 ,UUF K,UF
¢onniesioner Bird led discussion regarding
situations that have come Up. He gave the example cf
1ling him about e particular pothole. He would call
~ctor Jim Davis and report the pothole, but
any than normal followup on that
:nia~ator Chandler saw it as basic
sex elected officials and
saw no. with Comm~asionar
Public Works regarding
~he report should directed to Adm£nistra~or's office when it
The proposed language pramant no problem with what. we are
doing or how we are do aa long as we keep An mi~d tho fact
particular
not expect
pothole.
On the o~har hand,
MOTION MADE by
Comm: Tipp~n.
practioable.
to
public
Maoht, SECONDED by
staff to draft a
Boot L02.08 for I
hearing, con a.
TO:
Bo~d of camry Commissioners
FROM:
COUNTY CODE OF ~THICS
3o
emp~y~ oP &d~or of ~vo~nt must blp ~ ~ nd mst honor
", ~t end, I have p~d md~~ m~~ m~d ~ter Fode~
~e C~ Atto~ey be J~etmetod M p~ ~ o~~ ~d a pub~e
h~ ~te be sebmod.
Officials will condu~t themselves e~hically, ~t also prOVide~
public, and In that way we =an avoid un)ust
Co~ieiioner Bird d~d ~ot believe that anyone would conclude
would Do= bo a de=rimer in any way and that p~$ of the proposed
ordinance are good, but it goes too far if it conveys ~a~
cannot have their lunch paid for by a oontul=ing fi~ when
~=aff member ~ part of a group ~nvolved in.a seminar
Co~issioner Nacht stated ~a~ in drafting ~he proposed
=here are
~rocess of being updated,
code and our ex~st~ng rules and regulations to see h°v they d~ffer.
County Attorney Vitunac set up a join~ oo~i=~ee for.~he purpose of
producing a code of ethics =hat is clear, not too broad, practical,
heads. She ,also felt ~ha= ~he documln~ should ta~e
consideration ~he r~ifica~ons of receiving a free lunch and
include reco~e~dations as to when ~hings could be paid for and
whe~ ~o~.
employees ra~her the2 from the Board m~mb~r~ be~a~ ~mployee~ may
, -...'.~Administrator Chandler recounted that he and
Director Jack Price have be~n working on updating our present rules
80 percent of it could b~ adopted ss ia,
31
INDIRN RIV~N UUUNIY
ID:407-7?O-bOg~ M~ 29'95 15:45 No .007 P.O9
Commiss ~oner
pointed out that ~is is no small task and suggested allowing 3
ATTEST =
J. K. Barton, Clerk
Caroly~ K..~ggert, Chalx-mmn
32
i
I City of Sebastian
POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT: ) Agenda No.
)
Fee waivers - City Facilities )
Yacht Club/Community Center ) Dept. Origin
city Clerk
I I for ~
(Councilmember
) corum)
Date Submitted 3/30/93
For Agenda Of 4[7/93
APPROVED FOR SUBMITTAL BY:
city Manager: ~
AMOUNT
Exhibits:
* Resolutions from 1979 - Present
* 87/88 Correspondence and
Minutes Re: Fee Waivers
* List of Organizations/Fees
EXPENDITURE
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
Councilmember Carolyn Corum has requested an agenda item regarding to
granting of fee waivers for use of the Community Center and Yacht
Club, for the April 7, 1993 workshop.
I have gathered information to respond to that inquiry.
Resolutions Relative to Rules ReGulations and Rates
The following resolutions established and amended rates and rules for
use of the Community Center and Yacht Club. I have identified
only those areas in which rules pertaining to fee waivers exist.
Resolution No. R-79-17 - Following rates - "Special Exemptions
must be approved by the City Council."
Resolution No. R-81-18 - Repealed R-79-17 - no provision for fee ~
waiver requests
Resolution No. R-84-38 - Repealed R-81-18 - Rule No. 19 added -
"All Non-Profit Organizations will pay one half (1/2) of the
above fees."
Resolution No. R-$6-29 - Rule No. 19 amended as follows: "Ail
Non-Profit Organizations will pay one-half (1/2) of the above
fees, unless waived by the City Council on a case-by-case basis
after request by personal appearance before the City Council."
Resolution No. R-87-68 - Rule No. 19 amended as follows: "Ail
Non-Profit Organizations will pay one half (1/2) of the above
fees."
Resolution No. R-87-68A - Added a new Rule No. 20 (nothing to do
with fee waivers)
Resolution No. R-89-20 - Set out new rules and regulations -
Section 6 reads "NOT-FOR-PROFIT ORGANIZATIONS. In the event that
the applicant is a school, church, or other tax exempt entity, as
defined by the Internal Revenue Service Code, the charges for use
of the Sebastian Community Center of the Sebastian Yacht Club
shall be one-half (1/2) the regular rate."
As you can see, the rule regarding fee waivers has been changed
several times over the years by City Councils. Although there is no
provision for requesting fee waivers in the current resolution, city
Council, sitting at the time of adoption of the current resolution,
established a policy of hearing requests for fee waivers under special
circumstances.
As to those groups which have been granted free use of the facilities,
I have enclosed correspondence dating back to 1987/88 regarding claims
by certain groups that they had been granted free use at the time that
the Yacht Club was deeded to the City. At the direction of City
Council at its January 6, 1998 meeting, Mayor Gene Harris and I met
and determined which groups were to continue free use.
I have also included a list of the organizations which currently use
facilities on a fairly regular basis and the fees they pay.
RECO~_~DED ACTION
Review attached documentation.
RESOLUTION NO. R-89-20
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY~ FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN
COMMUNITY CENTER AND SEEASTIAN YACHT CLUEI PROMULGATING
RULES AND PROCEDURES FOR THE USE OF SUCH FACILITIES;
PROVIDING FOR THE COLLECTION OF RENTAL FEES, SECURITY
DEPOSITS, AND OTHER CHARGES~ PRECLUDING THE USE OF THE
FACILITIES FOR COMMERCIAL, PROFIT GENERATING
ACTIVITIES~ PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian owns and maintains a Yacht Club
and e Community Center for the use end benefit of its citizens: and
WHEREAS, neither the Yacht Club nor the Community Center ia
intended to be utilized for commercial, profit generating
activities ~ and
WHEREAS, the promulgation of rUles of conduct and procedure
wtll promote the general health, safety, and welfare of those
persons utilizing such facilities~ end
WHEREAS, the City COuncil deems it necessary to impose certain
fees for the use of such fscilities in order to defray the 'cost of
maintenance and repair.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY
OF SEBASTIAN, INDIAN RIVER ~OUNTY, FLORIDA, thst~
SECTION 1, RULES AND REGULRTIONS. The City Council hereby
adopts the following rules and regulations for the use of the
Sebastian Community Center and the Sebastian Yacht Club.
A. An application for a permit %o use the Community
Center or the Yacht Club must be completed on forms provided for
such purpose by the City Clerk. An application for a permit must be
received by the City Clerk at least two weeks prior to the date of
the requested use.
~. The City Clerk shall issue s uae permit upon a
determination that the requested use ie permissible pursuant %o %his
Resolution and all fees have been paid. In the event that the
proposed use may include activities involving gambling, alcoholic
beverages, the uss of a fa'cility after 11:00 p.m., or if an
admission charge is to be assessed, then the City Clerk shall not
issue a use permit until directed to do so by the City Council.
C. A uae permit for a group composed of minors shall be
issued only to en sdult who accepts the total responsibility for the
supervision of each minor throughout the period covered by the
permit.
D. No admission fee or other charge may be imposed by the
permtttee unless expressly authorized in the use permit. Prior to
issuance of the permit, the City Council shell make e determination
that the proposed admission charge or other fee is not intended to
further s commercial purpose.
E. The serving of food end/or use of kitchen facilities
is prohibited unless specifically authorized in the use permit.
F. The applicant shall disclose to the City Clerk the
nature of the proposed activity end %he anticipated need for extra
work by City personnel. In the event the City Clerk determines that
the permittee will cause extra work by City personnel ss a result of
the proposed use, an additions1 fee shall be charged in order to
fully recoup such cost.
G. No decoration of any type aha11 be permitted without
the prior approval of the City. Any decoration Utilized must be
removed by the permittee.
H. ~n the even~ that gambling activity is to be a part of
the permitted use, the City Council shal! make e determination that
such activity is not in conflict with the general law of the State
of Florida.
I. No alcoholic beverages of any type may be brought on
to the premises, dispensed, or otherwise consumed without prior
authorization of the City Council. The Council shall make apeci£ic
provisions in the permit with regard to consumption of alcoholic
beverages.
J. The permit%es shall not, under any circumstances,
remove any chairs, tables, or any other equipment from the fscil~'ty.
K. Unless otherwise directed by the City Council,
permitted activities shall cease no later than 11=00 p.m.
b. The permittes shall bear the responsibility for the
oon%rol of the lights, thermostats, and other equipment in the
facility. Further, the psrmittss shall bear responsibility for the
unlocking end subsequent securing of the doors of %ha'facility. In
the event that an applicant anticipates any special needs with
regard to heating, air conditioning, or lighting, he shall disclose
the details of such necessities to the City Clerk et the time of
application. The Clerk shall then determine if an additional fee is
necessary.
M. The permittse is solely responsible and answerable to
the City for damages end to any in3ured person for any and
acc/dents or injuries to persons or properties resulting from the
use of the facility during the permitted period.
N. The permittee shell ensure that the facility is left
in the same condition es it wes in prior to the permitted use.
O. Use permits ere not transferable.
P. Any facility equipment utilized must be replaced in
the facility's storage room after use.
SECTION 2. MAINTENANCE DEPOSIT. A minimum deposit
of Two Hundred Fifty Dollars ($250.00) must accompany each
application. This deposit '~s refundable if a facility is left in
clean end undamaged condition by the permittee. In %he event that
the City, in its sole discretion, determines that cleaning or
repairs are necessary after the permitted use, the deposit shall be
forfeited. In the event that cleaning or repairs are not necessary,
the City Clerk shall refund the deposit to the permittee within two
(2) weeks after the completion of the permitted use.
SECTION 3. COMMUNITY CENTER RATES. The rates for the use
of the Sebastian Community Center are hereby set as follows:
A. Four (4) hours flat rats - ~100.00.
B. Each additional hour - $15.00: and
· ' C. Kitchen privileges - 82§.00.
follows:
SECTION 4. SER&ETI~N YACHT CLUB RATES. The rates for the
use of the Sebastian Yacht club are hereby met as follows:
A. Four (4) hours flat rate - $50.00~
B. Each additions1 hour - 87.50~ and
C. Kitchen priv~leges - 825.00
SECTION 5. NON RESIDENT ~TES. In the event thai the
permittea is not s resident of the City of Sebastian, sn additional
fee of Twenty Five Dollars ($25.00) shall be
SECTION 6. NOT-FOR-PROFIT OROANiZATIONS. in the event
that the applicant fee school, church, or other tax exempt entity,
as defined by the Interns1 Revenue Service Code, the charges for use
of the Sebastian Community Center or the Sebastian Yacht Club shall
be one-half (1/2) the regular rets.
SECTION 7. COMMERCIAL USE PROHIBITED. Neither the
Sebastian Community Center nor the Sebastian Yacht Club may be
for any commercial activity. Such fec~litiee aha1! not be used for
any profit making activity except by e religious, political,
charitable, not-for-profit, or tax exempt entity. Any admission
fee, entrance fee, cover charge, food or beverage charge, or any
other fee, charge, or donation associated with the uae of the Yacht
Club or Community Cen~er must be approved by ac%ion of the City
Council.
SECTION 8. CONFLICT. Resolutions No. R-87-68 and
68A and all other resolutions or parts of resolutions in conflict
herewith are hereby repealed.
SECTION 9. EFFECTIVE D~TE. This resolution shall take
effect ~mmediately upon final passage.
The foregoing Resolution was moved for adoption by Councilman
The motion was seconded by Councilman
upon being put to e vote, the vote was es
Mayor Richard B. Votapka
Vice-Mayor Robert McCarthy
Councilman Frenk Oberbeck
Councilman Lloyd ~ondeau
Councilman Robert L. McCollum
The Hayor thereupon declared this Resolution duly
passed end adopted this ~_-~day of ~ , 1989.
CITY OF SEBASTIAN, .FLORIDA
ATTEST:
Ke~hr~ M. O'Hailoren, CMC/AAE
City. ~lerk
Approved es ~o Form end Content;
Charles Isa Nesh, ~ity Attorney
,_,~ESOLUTION NO.R-87-68 '_.~.
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING
RESOLUTION NO. R-86-29, ADOPTED JUNE 4, 1986, TNEREB¥
CHANGING RULE NO. 19 OF THE RENTAL RATES FOR THE USE OF
THE SEBASTIAN COMMUNITY CENTER, AND THE SEBASTIAN YACHT
CbUBI PROVIDING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA,
[IEREBY RESOLVES~
'19.
1. That Resolution R-86-29 is hereby repealedl
That Rule No. 19 in the Rules and Regulations
governing the rental and uae of the Sebastian
Communtty Center and the Sebastian Yacht Club,
is amended to read as followst
All Non-Profit Organizations will pay One Half (1/2)
of the above fees.'
3. This Resolution shall be effective immediately
upon Final Passage.
I HEREBY CERTIFY that the foregoing Resolution was duly
passed and adopted by the City Council of the City of Sebastian,
Florida, this~day
· .. .., 1987.
ATTESTz
CITY OF SEBASTIAN, FLORIDA
L. G~ riar~t~, Nayor
'Kath~n I~ O'Halio~an, ~l:y Clerk
Approved as to form and oontentt
Thomas C. VPalmer
City Attorney
RESOLUTION
NO. ,4'-
A RESOLUTION OF ~ CITY OF SEBASTIAN, FLORIDA, AMI~IDING
RESOLUTION NO. R-8&-38, ADOFrED OCTOBER 10, 1984, THEREBY
C~h%NGING RULE NO. 19 OF TME R~I~rAL RATES FOR THE USE OF THE
SEBASTIAN COfIMUNITY CE~, AND ~HE SEBASTIAN YACHT CLUB;
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA,
AS FOLIDWS:
1. That Rule No. 19 in the Rules and Regulations governing the rental and
use of the Sebastian C~mmmity Center and the Sebastian Yacht Club, no~ reading
as follows:
"19. All Non-Profit Organizations will pay One Half (%) of the above fees."
IS IiEREBY AMENDED TO READ AS FOLLOWS:
"19. Ail Non-Profit Organizations will pay One Half (%) of the above fees,
unless waived by the City Council on a case-by-case basis after request by
personal appearance before the City Council."
2. This Resolution shall be effective immediately upon Final Passage.
CITY OF SEBASTIAN, FLORIDA
L. Gene Harris, Mayor
Deborah C. Krages, City Clerk
.-(SEAL)
I HEREBY CflITIFY that the foregoing Resolution was duly passed and
adopted by the City Council of the City of Sebastian, Florida, this
day of ~ , 1986, and to become effective on the
day of /~Lt~.~-~ , 1986.
Deborah C. F, rages, City Clerk
RESOLUTION
A RESOLUTION OF THE CITY OF SEBASTIAN,
FLORIDA, ESTABLISHING THE RUI~ AND
REGULATIONS; ESTABLISHING AND GOVEPoN-
FOR THE USE OF THE SEBASTIAN ~IIY
CI~qTEI{ AND THE SEBA-qTIAN YACliT CLUB;
REPF. ALING RESOIJJTION NO. R-81-18, ADOPTED
APRIL 93, 1981 AND AMENDED JUNE 15, 1983;
PROVIDIN~ AN EFFECTIVE DATE.
WHEREAS, the Parks and Recreatien ~emltt~ have recommended that
the City D~uncll of the City of Sebastian, Florida, nn~md the rates governing
the rental of the Sebastian Ccxm~nlty Center and the Sebastian Yacht Club;
and
WHEREAS, the City Council of the City of Sebastian, Florida, has
determined that the rates governing the rental of the Sebastian Con~mity
Center and the Sebastian Yacht Club require updating.
NOW, lltEREf~RE BE IT RESOLVED that the City Council of the City
of Sebastian, Florida, has determined that the rules and regulations governing
the rental and use of the Sebastian Community Center and the Sebastian Yacht
Club be as follows:
RULES AI~ RI~GULATiONS
1. Applications for permits to use the buildings must be made at
the City Clerk's Office on forms provided for the purpose not less than two
weeks before the date of requested use.
2. Permits must be approved by the City Clerk before issuance of
a~Lqle.
· 3. Permits for groups composed of minors will be issued only to
ad61ts who accept responsibility for supervising them throughout the period
covered by the permit.
4. No tickets are to he sold st,' the door or no acbnisslon charges
made except as expressly authorized on the permit.
5. The serving of food and/or use of kitchen facilities must he ex-
pressly authorized and appro}~ed on the permit.
6. No group shall conduct any activity causing extra work for the
building maintenance department unless previous aEree~aents have been mede
to pay for such extra work.
7. Decorations shall not be put up without the approval of the
building maintenance department.- Decorations must be removed by permitee.
8. Gambling in any form will not he allowed in the building without
prior City Council approval.
9. No alc'oh61ic beverages may be brought on the pre~ises without
prior City Council approval.
10. Under no circt~nstances are groups holding a permit to remove
chairs, tables, or any other equipment from the building.
11. Activities shall cease by 11:00 .P.M., unless otherwise stated
on the permit.
12. Control of the lights, thermostats, and other equipment and
lockln8 and unlocking of the doors are responsibilities of the permitee.
The buildin8 maintenance director shall be informed of special needs of the
group holding s permit.
13. Permltee is soley responsible and answerable in damages for
any and all accidents or injuries to persons or property resulting from his
use of the building.
14. After completion of schbduled activities! it is the obligation
of the permitee to leave the building in the same cond~ti°n as found.
15. Permits are not transferable
16. Any equipment used by anyone on s regularly scheduled basis
must be removed frem floor and stage and placed in storage ro~n after each
use.
17. A minimum deposit of One Hundred ($100.00) Dollars for clean
up must be made with application. IBis deposit is refundable if building
is left clean and undamaged by permitee. If cleaning or repair is necessary
by the city employees, this deposit or any portion of the deposit, shall be
forfeited, based on informaticm supplied by the Superintendent of Buildings,
as determined by the City Clerk.
RATES
SEBASTIAN CCI~/UNITY CEIqTER
Four (4) Hours Flat Rate Session Hours
Each Additlorml Hour
Kitchen Privileges
SI(MD.O0
15.00
25.O(3
SEBASTIAN YACHT CLUB FEES
Four (4) Hours Flat Rate Session Hours $ 50.00
Each Additional Hour 7.50
Kitchen Privileges 25.00
18. Ihere will be an additional charge for all Non-Residents,
of the City of Sebastian, Florida, of Twenty Five ($25.00) Dollars.
19. Rll'Non-Profit Organizstions will pay One'~hlf (~) of the
above fees.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Deborah C. Krages, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly passed
and adopted by the City Council of the City of Sebastian, Florida, this /~'~ day
of g~~ , 1984, and to bec~me effective Oh the io~. day
Deborah C. Krages,
(.S.£ A L )
~T~TS AR~ R~T~.~ ~VERR~ItG R~NTAL .AND
$~Z%'IA'TI~4W YACRT C~ ..... , ..................
1. Applics~ions for, p~r~ies to .umm .th~ )ou]J,61nct ynu~t ~
2. Pe~ts ~t ~ ~pp~d ~ .~ ~i~ Clerk ~for. i~uz~ ,
of
3. Pe~t~ for g~U~ ~m~sed .of.,~nors will ~ ~sso~d ofll~ to
advl~$ w~ a~ept ~s~nsib~.for mu~lsi~g.~..~ot ~ .~riod
~. ~o tickets a~ ~o ~ mold~t~ d~r oX.no a~mmlon
6. No ~op mh~l ~n6~t ~,.~t~ oaog]ng.-e~a ~k for
~e jailor u~e~s previous a~t.~m ~n.~d4.~ ~ for much
7. ~rz~onm shall ~ ~ ~ up.wt~u~ ~ app~i of
Gamblin9 in ~' ~o~ will ~oe ~ m~l~d in..~e
We nlc~l~e ~$ mm~ ~ .~ugh~.on.p~mmm .wight
10. ~nder no et~s~e~e~ a~ ~ps ~ldin~ a ~t~ to r~.
chairs, ~eble~, or enp o~r.e~en~,f~ .~-~ildinF .....
11. A~i~i~mm mha~ .~me ~l.~O0 ~.r.~ o~e~lmm
1~. Con~rol of ~e ~l~hts, ~m~m~, and o~er ~i~nt
lo~king and nnl~ng of t~ ~ ~ ~m~n~bili~mm .of. t~. ~ilding
dir~r, w~ m~ll be info~d.of ~i~.~dm of ,~e ~p ~Id~9
13. Perm/tee i~ solel.~
for mn~ and ell a=ci~entm o~ ~nJ~rimm .~ .~monm .~r .~e~ .~mult~n9
f~m him u~e of the building,. ~6 .bu~ing m~.ll
I~, Pe~i~ *~ ~t.,tranmfera~e
15. Sn~ ~i~n~ u~ed b~
C.
All dey Semalon (until 5tOOp.m.) ............ 20.00 .............. 15.00
· ~'ening Session (afeer 5tO0 p.~.) ......... 20.00 .......... I~.00
P~f~Jonal or ~ial ....................................
P~o~er ~udi~or~ ~ .................. 8~. O0 ......... 35. O0
Org~on ~nd Rafting ~n~ ........ ~0.00 ..... 25,00
Adult ~es .................. 35,00 25.00
W~din~ .................. 50.00 ~ . O0
Teen Danc~B ................. 2~. O0 I~. 00
R~.?OL~TIOR NO. I~--79-17 end ell,.Remoluelons .or p~rtm of
R~eolutions in ~onflic~ h~l~wi~h.a~e.~oifioeli~,~ealed ....
ATT~ST~
Ci~ Council Of' t:ha Ctt~ Of SebaStian, ..~lo=id~r..~his.~.L~..da~ Of
, , I~81 .......................................
($~.)
R~$OLUTZON
RULES A~D RATES ~OV~RNI~G RE~TAL AND
USE OF SEBASTIAN CO~]NITT CENTER AND
TH~ CITY O0~CIL, that the ~ulas and rates governing %en~a/ and use of
RUGS
1. Baoh orga~dzation shell ha~e its own omm~ittee Co carr~ out
the details of function planned and will present that plan to the Center
Director ,C learnt ~wo weeks in sdva~,e of the planned activity, ko date
shall be oonmidered aa binding without the approval of the C/t~ Clark who
will ~aintain a re~ord of all ron~als.
building.
and used.
Chairperson of each group shell be xemp~nsible for~
Wiping of all ..-ed tablam ~nd tableolothe.
b. Leaving kitchen and maturating ~m ~la&n and in order.
c. ~aving all tr~h cleared awa~ neatl~ in receptacles.
d. Removing coffee fr~ urn and lefSoverm from building.
e. ~nfoz~ing rule ~ha~ alcoholic bevmragms are not per-
mitred in the building or on the premi~em except bg
permission of the Cit~ Counc/l.
f. Reimburse Citg for an~ damage in=urre~ d~ring use of
the bn~ lding.
$. Orgaa/zat/ona shell not store private equipmmnt in either
5. Center D/rector and/or oumtodian shall h~e complete control
of Publ~= A~dresm m~m~em, lights, thermo~atm, all o~ ~i~nt. ~mo,
~ lo,rig ~d ~ing Of d~.
6. CUStodian shell be responsible onl~ for ~he mmtup and m~in-
i~di,te mu~rvi~r of ~ ~o~ ~fo~ req~m~ng ~t ~ ~rfo~
addi ~onal du~es.
mmm~ved from ang building ex,pt b~ mpe=ial permission of (:he Recreation
CDmm~tcem and/om the Guntodian who shell obtain thru approveI of h~m supervisor.
· . Permission for uae of de, orations shall be received from the
~mntsr Director and/or the c~Mtodian. ~0 ~humb tn~km shall be unreal, oul~
ma~king ~ape. Ail much decorations
the ~on~lu~ion of
be marred.
10. Religious 9'rou~ ~-y not use any c:~ bu/ld/ng' ,.n a chu."ch
letter o! requent to ~ ~',-/~:y C.ierk.
12. Org'an/~nt:/onn uming facllitiem on regular emtnblimhed m~h~dule
~t. ll ~aheak ~:J~eir mch~duln e~rg ~.hzw~e (3) ~)nth~.
14. A ~/nan/ng deposit equ4/ to ~he ~enting fee ~1 ~ ~d
4~vitie~, and i~ viola~ of t~ ~em ~m e~l~a~d. Zf ~n~l
lef~ in s~ ~n~n
t~n de~it will ~
~. ~ng Seu~on $ 13.00 ~ I0.00
B. ~te~ ~es~ton 13.00 10.00
C. ~1 dag Se=~o, (~1 ~ ~.~.) ~0.~0 15.00
D. %~ng Bess~on (after ~zO0 p.~.) 20.00 l~.O0
~. P~fes~io~l or
P~e r A.~ ~o ri ~ ~ 5 . 00 ~ 5 . 00
Y. Org~on Y~d ~slng E~n~ 50.00 25.00
G. ~t ~$ 35.00 25.00
a. Wed~ngs 50. O0 25. O0
Z. Te~ ~ 25.00 15.00
T~ ~11 ~ ~ ad~o~l c~e for 5~d4~s ~d ~li~s for
~o~al f~
Bourn a~
9~00 a.m. ~o 12,00 Boon
1,00 p.m. to 5tO0 p.m.
?~00 p.m. to I0,00 p.m. Wondagm thru FrldmVm
for ~e of Cl~g b~l~ngm on $~m ~d ~olJ~m mhall ~
=at.e a~ to ~ eff~ ~e~r I, 1979,
~he fore, going Resolution wa~ duly pa~ned and adopted by
Count/1 of the C/fy of Sebantlan, ~lorida, ~hln Will'day of~, 1979.
./
ROLL CALL:
Councilman McCarthy - Aye
Councilman Roth - Aye
Vice MayOr Vallone - Aye
Mayor Votapka - Aye
88.069
88.020
MOTION CARRIED.
PUBLIC INP___~_~
B. Communi~f~ - Exchange Clu~b
David Fisher, Exchange Club, said the club would like
to undel-take the lead role in planning, fund raising
and construction. He said he was not before Council
to explain the park at this time but to find out if
the ci%~ is ~illing to donate the land and maintain
the park. ~e said his letter had been presented now
in light of news coverage so that Council may address
it at budget time.
Mayor Votapka suggested that David Fisher attend the
North Coun~ Recreation meeting on June 20, 1988 at
7:30 P.M. in Hobar~ Park to request funding which may
be available for the Communi~ Playground.
The Ci%-y Manager said he had .addressed the Exchange
Club that day and had expressed his concerns that
existing parks in the ci~ needed to be upgraded
before any new facilities are built. He said he
would not favorably recommend this project for the
coming budget although he hoped that the Exchange
Club would not stop planning for a future community
playground.
The Ci~ Manager said a citizen had brought a park
tract map to City Hall and invited the council to
come in and see it.
~ F__ee Waiver ~or use oz ~o.u,,u,,~= -
Jean Bertram, Sebastian River Area Historical
$ocie~, requested continuance of their fee waiver
for use of the Community Center, since the group was
a compliment to the communi%~ and most of its
revenues go into building their museum.
MOTION by Roth/Vallone
I move we approve the request of the Sebastian
River Area Historical Society, a non-profit community
oriented organization, for continuance of their fee
waiver for use of the Community Center indefinitely-
88.117
10.
VOICE VOTE on the motion carried 4-0.
Mayor Votapka called recess at 8:34 P.M. and recalled
the meeting at 8:45 P.M. Ail members present at
recess were present at recall.
THE FOLLOWING ITEMS WERE CARRIED OVER FROM THE JUNE
19--~8 wORKsHoP:~
A. ORDINANCE NO. 0-88-25 - (FLOOD DAMAGE 'PROTECTION)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
REPEALING ARTICLE X OF CHAPTER ? OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, AND
ENACTING A NEW ARTICLE X OF SAID CHAPTER 7 AND
THEREBY UP-DATING THE FLOOD DAMAGE PREVENTION
ORDINANCE OF THE CITY TO CONFORM TO THE NATIONAL
FLOOD INSURANCE PROGRAM AND RELATED REGULATIONS;
PROViDINGAN EFFECTIVE DATE.
Attorney Nash read Ordinance No. 0-88-25 for the
first time by title only.
The Building Official said this was an update of the
city's current ordinance. He said it had been sent
to the Department of Community Affairs and approved
by them.
11.
None.
After several possible chanues which needed review
were noted by Mayor Votapka and Attorney Nash, Mayor
Votapka instructed the Building Official to meet with
the City Attorney to redraft the ordinance and bring
it back to Council at the July 6, 1988, workshop.
COMMITTEE REPORTS/RECOMMENDATIONS
12.
OL__~D BUSINESS
None.
13.
MAYOR'S MATTERS
5
L. Gene H~.rrts
Mayor
City pf Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127
TELEPHONE (305) 589-5330
Kathryn M. O'Halloran
City Clerk
~ ~ M 0
DATE: February 8, 1988
Council Members
Kathyrn M. O'Halloran
City Clerk
FROM:
COMMUNIT~ CENTER AND YACHT CLUB FEE WAIVERS
A meeting between the City Clerk, Kathryn M. 0'Halloran, and
Mayor L. Gene .Harris, on this date, resulted in the following
groups being granted .free use of the Community Center and/or the
Yacht Club facilites on the organization's regular days and hours
for which they usually meet.
A.A.R.P.
Happy Wanderers Band
Sebastian Volunteer Fire Department
Congregate Meals
Ail County sponsored functions
*The Sebastian Historical Society, who has previously been
granted a fee waiver for all meeting dates through May 26, 1988,
will be reconsidered at that time.
Sebastian Highland Property Owners
Colonial Dames
Thursday Bridge Club
Pelican Island Garden Club
Alcohol. ics Anonymous
All County sponsored functions
/tkh
cc: file
Gene Hah1.
Iv~yor
CiO, of Sebastian
POST OFFICE BOX 780127 ID SEBASTIAN, FLORIDA 32978-0127
TELEPHONE (305) 589-5330
Kathryn M. O'Halloran
Oily Clerk
CERTIFIED MAIL
January 11, 1988
Pelican Island.Garden Club
c/o Merle Schwei, President
768 Layport Drive
Sebastian, Plorida 32958
Dear Ms. Schwei:
The City Council, at their workshop meeting of January 6, 1988,
directed the City Clerk to notify all organizations, presently
using the Yacht Club facilities, of the passing of Resolution
R-87-68, which was duly passed and adopted on November 18, 1987.
A copy of the Resolution is enclosed for your convenience.
As you are aware, the City Clerk's Office has no documentation
to substantiate the claim of select organizations being granted
free lifetime use of the Yacht Club by GDC. Unless your organ-
ization can produce some written documentation to verify this
claim, the City Clerk's office has been instructed to charge the
rental rates established by Resolution R-87-68.
The rental rate for the Pelican Island Garden Club will
be $50.00 per rental, effective immediately.
Please contact Theresa Hardy at the City Clerk's office by
January 18, 1988. At that time, the Yacht Club calendar will
be revised, and this office will need to know if you are going
to continue using the Yacht Club on the days usually reserved
for you.
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Our records indicate that you are the President of the Pelican
Island Garden Club and we ask that you kindly show this letter
and attached Resolution to all other members of the club.
We apologize for any inconvenience this has caused to you or the
members of the Garden Club.
I{athryn M. O'HaIloran, CMC, AAE
Sebastian City Clerk
KMO/tkh
cc: file
attachment
L. ~ene H,~rrls
Ma¥o~
Cit.), qf Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127
TELEPHONE (305) 589-5330
Kathryn M. O'Halloran
City Clerk
M E M 0
DATE:
TO:
FROM:
RE:
January 8, 1988
Kathryn M. O'~alloran, City Clerk
Theresa K. ~ardy, Clerk~
CONVERSATION WIT~ MRS. SZELUGA
On this date, I placed a call to Mrs. Szeluga, as suggested by
Councilman McCarthy at the City Council Meeting, to ask her
assistance in locating any documentation that may exist with
regards to free use of the Yacht Club facilities for the
Sebastian ~ighlands Propery Owners Association.
Mrs. Szeluga stated that the ~acht Club was used as a "sales
gimmick" to encourage people interested in buying property in the
Sebastian Highlands. It was told to the property owners, at the
time of sale, that the Yacht Club was for the residents use, free
of charge, including the boat docks, ramps, and club facilities.
Mrs. Szeluga further stated that once the City of Sebastian
agreed to purchase the Yacht Club, the Property Owners
Association questioned the then Mayor, Pat Flood, as to what would
happen to their free use of the Yacht Club. It was then promised
by Mr. Flood that as long as the Property Owners Association
remained an organization, they would be entitled to free use.
It is Mrs. Szeluga's belief that the Property Owners Association
obtained this permission in writing, but since the Organization
has had so many different presidents over the years, it may be
difficult to locate any paperwork. Mrs. Szeluga said that she is
presently searching for any documentation to support the Property
Owners claim of free use of the premises, and would contact the
City Clerk's office if she found anything.
She also insisted that the Sebastian Highland Property Owners
were ~ onl. y ~Lr_Q_U~2 given free use of the Yacht Club facilities.
/tkh
file
szeluga
CiO' of Sebastian
L. Gene Harris POST OFFICE BOX 780127 E3 SEBASTIAN, FLORIDA 32978-0127 Kathryn M. O'Halloran
Mayor TELEPHONE (305) 589-5330 C.y C~e,~
M E N O
DATE:
January 8, 1988
TO:
F ROM:
Kathryn M. O'Halloran, City Clerk
Theresa K. ltardy, Clerk
RE: COMMUNI~Z CENTER/YACHT CLUB RENTALS - PRESS
FOR CLARIF I~ATI.QN U~
As instructed, I have sent certified mailings to the below listed
organizations informing them of the rental rates they are
now. required to pay.
Sebastian Highlands Bridge Club
Sebastian Highlands Property Owners
Pelican Island Garden Club
ColOnial Dames
As you are aware, there are some'clubs that are currently meeting
at the Yacht Club which have no spokesperson to relay this
information on to other members, and some clubs whose membership
is so varied in attendance, that it is difficult to ensure that
everyone is awar~ of the new rental rates.
It is my suggestion that an article, addressing the Council
decision and the adopted resolution, be printed in the Press
Journal and the Sebastian Sun for clarification.
Please refer to attached article I have written and advise me
further.
/tkh
cc: file
attachment
The Sebastian City Council, at their Workshop Meeting, held on
January 6, 1988, directed the City Clerk to notify all organi-
zations presently using the Yacht Club facilities, of the
passing of Resolution R-87-68, which was duly passed and adopted
on November 18, 1987.
R-87-68, RULES AND REGULATIONS GOVERNING THE RENTAL RATES AND
SECURITY DEPOSITS FOR THE USE OF THE SEBASTIAN COMMUNIT~ CENTER
AND THE SEBASTIAN YACHT CLUB.
Four (4 ) Hours Flat Rate Session Hours
Each Additional Hour
Kitchen Privledges
Four(4)Hours Flat Rate Session Hours
Each Additional Hour
Kitchen Privledges
Rule 19:
$100.00
$15.00
$25.00
$50.00
$7.50
$25.00
All Non-Profit Organizations will pay One Half of the
above fees.
The City Clerk's office has been ma/ling out certified letters
to groups using the Yacht Club facilities free of charge.
Several groups were under the assumption that General Development
had added a provisio on the deed to grant free use of the Yacht
Club to them when the facility was taken over by the City.
However, through extensive research, no proviso was ever found to
substantiate this claim. Consequently, the City Clerk's office
has been instructed to charge the rental rates established by
the above mentioned Resolution.
The City Clerk's Office is asking that all groups who have
used the Yacht Club since it was deeded over to the City in 1977,
to research their organizations records to see if perhaps one of
these groups has written documentation to verify free use of the
facilities. '
On Monday, January 18, 1988, the Yacht Club calendar will be
revised and the City Clerk's office will need to know who will
continue using the Yacht Club on a regular basis. Please contact
Theresa Hardy in' the City Clerk's office regarding any infor-
mation on the Yacht Club or the Community Center.
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88.019
88.020
Vice Mayor Roth said he disagreed with the Finance
Director and Chief of Police being under the City
Council. Attorney Palmer said R-88-14 is in
compliance with the Charter. Councilman Vallone
concurred with Vice Mayor Roth. Discussion of a
Charter change in September or November took place.
No changes were made to the resolution.
Board
The following nominations were made:
Roth - Robert Morrow
McCarthy - Earl Masteller
Metcalf - Ed Paluch
Vallone - Ed Paluch
The following vote was taken:
Metcalf - Paluch
Vallone - Paluch
Roth - Paluch
McCarthy - Masteller
Harris - Morrow
Ed Paluch was appointed Chairman of the Airport
Advisory Board
~ ~_ Or_~anizatlons Who ~ ~
Were Granted !~ree Use of the Yacht Club and
~ Center When the ~ Were Deeded
Betty Bock said General Development
Corporation gave free use of the Yacht Club
to the Colonial Dames and Pelican Island Garden
Club when they deeded the property to
Sebastian. Vice Mayor Roth said he believed
the Sebastian Property Owners were the only
group granted free use.
Vice Mayor Roth suggested that the City Clerk
contact Marge Szeluga to obtain documentation
regarding use of the Yacht Club for the
Sebastian Property Owners' Association when
the property was deeded to the City by GDC.
10
88.022
88.023
MOTION CARRIED.
D_~ - ~ of Section 20A-5.19 -
Sandminin~: Special Use Permit ~=e~ql~ -
This item previously withdrawn by Councilman Metcalf.
for Fee ~ ~ Beverage Use and ~
wa~ ~ in Ap~ 1987 (see letter attached)
MOTION by Vallone/McCarthy
I move we grant the reguest of the Sebastian
River Area Historical Society for fee waiver,
alcoholic beverage use and admission charge at
the Community Center on January 30, 1988.
VOICE VOTE:
Vice Mayor Roth - Aye
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
MOTION by Vallone/McCarthy
I move we adjourn the meeting.
ROLL CALL:
Vice Mayor Roth - Nay
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Nay
MOTION CARRIED.
Councilman Vallone requested that this be placed
on the January 27, 1988 agenda.
14. Mayor Harris adjourned the meeting at 10:38 P.M.
12
12/16/87
87.302
Councilman Vallone said in the future the City should
work closely with the County.
Rene Van de Voorde, counsel for the applicant, gave
Council an idea of the varied permitted uses in Rose-
4 zoning.
Councilman McCarthy asked Attorney Van de Voorde if
this would be spot zoning or create an enclave.
Attorney Van de Voorde said it would not be spot
zoning and the concept of an enclave is considered in
an annexation.
ROLL CALL:
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
MOTION by Vallone/M¢Carthy
I move we adopt Ordinance No. 0-87-24 as read
by the City Attorney by title only.
ROLL CALL:
Councilman Metcalf - Aye
Councilman Vallone - Aye
Councilman McCarthy - Aye
Mayor Harris - Aye
MOTION CARRIED.
~ in Fee for Yach~ Club -_ ~
ponated S25.00 ~ Month
Bill Dalrymple said that in lieu of the fact that
Alcoholics Anonymous provides a public service and
can accept no money they be granted a fee waiver to
$25.00 per month donation and further requested that
they be allowed to conduct a day session as well as a
night session.
MOTION by Vallone/McCarthy
I move we grant the request of Alcoholics
Anonymous to waive the fee for Yacht Club
increase, to set fee at $25 per month for night
session and $25 per month for day session.
L. Gene Hams
Mayor
CiO: o. f Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978-0127
TELEPHONE (305) 589-5330
Kathryn M. O'Halloran
City Clerk
December 14, 1987
Dear Mayor ~arris & Members of the City Council:
During the .past several months much attention has been centered
on the Community Center and ~facht Club, regarding fee waivers on
the rental for both of these facilities by area organizations.
As you are aware, on November 18, 1987, the City Council
repealed R-86-29 changing Rule ~19, which states : "Ail non-
profit organizations will pay one half of the above fees, unless
waived by .the City Council on a case by case basis after request
by personal appearance before the City Council."
The City Clerk's office has since informed the public that
rental rates are strictly full price for renters and half price
for non-profit organizations.
It has been stated orally that three or four organizations
were granted free use of the Yacht Club by a special proviso by
General Development when it was deeded over to the City. Since
my appointment as City Clerk, I have searched through minutes
of City Council Meetings and have found nothing to verify that
this is fact. I am enclosing a copy of the Warranty Deed, which
you will see, says only that the Yacht Club is to be used for
recreational purposes only. Nowhere, has anything been found, to
verify that certain groups are entitled to free use of the Yacht
Club.
The Colonial Dames, scheduled on the January 6, 1987, agenda is
a good case in point. With nothing to back up the fact that they
were granted free use by any special provisio, the City Clerk's
office is obligated to charge them .the non-profit rate of $25.00
for use of the Yacht Club.
It is my suggestion that the four groups listed below, that
were "supposedly" grandfathered in by a special proviso, be made
aware that nothing was found in the Warranty Deed to verify the
free use of the facilities.
Sebastian ~ighland Property Owners
Pelican island Garden Club
Sebastian Card Players
Colonial Dames
Respectfully,
Kathryn M. O'Halloran, CMC, AAE
City Clerk of Sebastian
KMO/tkh
cc: file
attachments
cc/agen
2
City of Sebastian
POST OFFICE BOX 780127 ID SEBASTIAN, FLORIDA 32978-0127
TELEPHONE (305) 589-5330
I
i
i
Kathryn M. O'Halloran I
CIW Clerk
M E M 0
DATE:
October 23, 1987
TO:
FROM:
Mayor & City Council Members
Kathryn M. 0'Halloran
City Clerk
Requests for Fee Waivers for Community Center/Yacht Club
Although City Council passed a motion to charge a half fee for
all non-profit organizations and a full fee for all others,
Resolution No. R-86-29 added a new No. 19 which states that "Ail
Non-Profit Organizations will pay One Half (1/2) of the above
fees, unless waived by the City Council on a case-by-case basis
after request by personal appearance before the City Council."
We have received some requests since passage of the above
mentioned motion and in accordance with R-86-29 we have submitted
these requests to you.
Please instruct this office as to whether you will continue to
review fee waiver requests from non-profit groups on a case by
case basis or if you wish to amend Resolution No. R-86-29 #19.
CURRENT REGULAR USE OF
COMMUNITY CENTER AND YACHT CLUB
COMMUNITY CENTER
NAME OF ORGANIZATION
TREASURE COAST SENIOR
SERVICES - Congregate
Meals
*Gra~ted free use - However they pay $50.00 per ~onth for use
of kitchen facilities.
US~G~
Mon. thru Fri.
9:00 A.M. - 1:00 P.M.
FEE
$50.00 per
month
NORTH COUNTY RECREATION
(Aerobics - Seniorobics
Gymnastics - Ballet
Youth dances and
Senior Movies
Mon thru Fri
various times
*Granted free use (All County F~actions)CC/YC
No Fee
STEPPING STONE QUILTERS
*Approved Administratively
Every Monday
12:30 P.M. 3:30 P.M.
No Fee
SEBASTIAN AREA CIVIC ASSN.
Bingo
Every Monday
6:00 P.M.10:00 P.M.
ROSELANDVOLUNTEER FIRE DEPT. Second Sat. of Month
$50.00
each use
$50.00
Bingo
5:00 P.M. 11:00 P.M.
each use
ITALIAN AMERICAN CLUB
Meetings & social
First Friday and 3rd Wed.
4:00 P.M. - 10:00 P.M.
6:00 P.M. - 10:00 P.M.
$5O.OO
each use
AARP
Happy Wanderers and
Business Meeting
*Granted free use-CC
Every Wednesday
1:00 P.M. - 4:00 P.M.
No fee
YACHT CLUB
Tuesday & Friday
12:00 P.M. 1:30 P.M..
Tuesday 7:00 P.M.-9:30 P.M.
3rd Wednesday of Month
6:30 - 7:00 P.M.
$50.00 month
DONATION
*Granted frc~c use but it is their policy to give a donation.He
SEBASTIAN HIGHLANDS BRIDGE
*Granted free use-HC
every Wed.
12:45 - 4:00 P.M.
PELICAN ISLAND NAT'L WILDLIFE 2nd Wed. of every month
No fee
for a period of 6 - 12 months approved on May 13, 1992 - unknown
if still using at this time because arrangements were made for
them to pick up key at police department. No fee
*Granted use and fee waiver on Hay 13, 1992 by council.
SEBASTIAN PROPERTY OWNERS every 4th Monday of month
*Granted Free use-HC
No fee
HOMEMAKERS - IRC 2nd and 4th Wednesday of the month
No fee
*Last approval by Council on Harch 19. 19S6 for one year fee
waiver. Jo recordon file of any fee waiverapproval since that
date. Th~ is a County sponsoredgroup
COLONIAL DAMES approximately 4 or 5 times a year
No fee
*Gr--ted free use-HC
PELICAN ISLAND GARDEN CLUB approximately 10 times a year
*Gr~ted Fr~_c use-HC
NORTH INDIAN RIVER COUNTY Every Thursday
No fee
No fee
BRIDGE 1:00 P.M. 4:00 P.M.
7:00 P.M. 10:00 P.M.
*Granted Freeuse (All County P%mctions)-CC/HC
ONE TIME FEE WAIVERS
SEBASTIAN PANTHERS
Youth Dance
1992/1993
April 17, 1993
No fee
*Granted fcc waiver andreduced security Deposit by Council on
3/24/93
SEBASTIAN PANTHERS
Award's Banquet December 11, 1992 No fee
*Granted fee waiver andreducedSecurityDepositby Council on
INDIAN RIVER COUNTY
Youth Dance
March 19, 1993
No fee
*Granted waiverofrental fcc and Security Deposit by Council on
2/3/93
AMERICAN CANCER SOCIETY
Chili Cook Off
January 23, 1993
*Granted fee waiver of rental fcc by Council on 2/16/92
No fee
SEBASTIAN FRATERNAL ORDER OF POLICE July 31, 1993 and
Dance & New Year's Eve party December 31, 1993
No fee
*Gr-.ted fee waiver by Council on 3/24/93 for both dates with
Security Deposit on hold
AARP
Flea Market March 27, 1993 No fee
*Granted waiverofrental fee by Council on 2/3/93
SEBASTIAN AREA CIVIC ASSN. December 11, 1992
Donation Check Distribution
*Granted waiver of rental fcc by Council on 11/4/92
SEBASTIAN AREA CIVIC ASSN.
Scholarship Awards
May 1, 1992
*Gr~nted waiver of rental fee by Council on 4/22/92.
No fee
No fee
3
CITY OF SEBASTIAN
Employee Recognition Banquet
Dec. 5, 1992
Granted waiverofre~tal fee by Council on 10/14/92
No fee
ROTARY CLUB OF SEBASTIAN
Dance and Turkey Raffle
Nov. 21, 1992
Granted waiver of re~tal fee by Council on 10/30/92
No fee
4TH OF JULY
*Granted waiver of rental fees and security deposit every year
by C~cil for use of both facilities.
** ALL HOH PR~FITORGANIZATIO~SAREPE~NiTTED TO PAFOBLYHALFOF
ann RE~TanFEES.
i
I City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-533O o FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Resolution Nos. R-89-30 and
R-89-59 Re: Public Input &
Introduction of Business
APPROVED FOR SUBMITTAL BY:
city Manager: ~~
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Exhibits:
R-89-30 and R-89-59
~ Clerk/~
for Mayor Powell
3/31,93
4/7/93
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMM ,ARY STATEMENT
Mayor Powell has requested an agenda item regarding resolutions
governing procedures for public input, particularly procedures for
introduction of new business (non-agenda items), for the April 7, 1993
workshop.
Attached please find Resolution Nos. R-89-30 and R-89-59.
RECOMMENDED ~CTION
Review attached documentation.
RESOLUTION NO. R-89-30
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO PUBLIC INPUT AT CITY
COUNCIL MEETINGS; PROVIDING FOR DEFINITIONS;
PROMULGATING GENERAL RULES OF PROCEDURE FOR PUBLIC
INPUT AT CITY COUNCIL MEETINGS; PROVIDING FOR THE
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian deems it
necessary to enact certain rules of procedure governing public
input at its meetings to provide for the orderly conduct of its
business for the public health, safety, and welfare of the City
of Sebastian, while preserving the rights of the members of
public under the First Amendment to the United States
Constitution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. DEFINITIONS. The City Council hereby adopts
the f~11owtng definitions for purposes of this Resolution:
A. Chair. Where used in this Resolution, the term
"Chair" shall mean the Mayor or in the absence of the Mayor from
the City Council meet/nD, the .Vice Mayor or in the absence of
both the Mayor and Vice Mayor from the City Council meeting, the
senior member of the City Council.
B. Agenda Item. Where used in this Resolution, the
term "agenda item" shall mean an item contained in the agenda
provided to the City Council for the City Council to consider at
its meeting.
C. Non-Aqenda Item. Where used in this Resolution,
the term "non-agenda item" shall mean an issue or matter which is
not an agenda item.
D. City Council Meetinq. Where used in this
Resolution, the term "City Council meeting" shall mean any
workshop, regular or special meeting of the City Council.
E. ~ Sheet. Where used in this Resolution,
the term "sign-up sheet" shall mean the form made available by
the City Clerk to members of the public prior to the City Council
meeting for any number of the public to sign indicating that he
or she wishes to address the City Council st the -City Council
meeting and indicating the agenda item or non-agenda item which
the member of the public wishes to address.
F. Public Input Section. Where used in this
Resolution, the term "public input section" shall mean the
portion of the City Council meeting specified on the agenda
during which public input shall be received by the City Council.
SECTION 2. GENERAL RULES OF PROCEDURE. The City Council
hereby adopts the following general rules of procedure for public
input at City Council meetings:
A. An individual who wishes to address the City
Council at a City Council meeting with respect to an agenda item
on the City Council Agenda shell be entitled to specifically
elect to address the City Council immediately prior to the
deliberation by the City Council in connection with such agenda
item if the individual indicates his or her request on the public
sign-up sheet prior to the commencement of the City Council
meeting.
B. individuals shall not address the City Council
after the commencement of City Council deliberations on an agenda
itel, after the publlc input has been concluded. Provided,
however, that this rule of procedure shall not prevent the Mayor
and members of City Council from recalling an individual to
provide additional information or to answer questions.
C. Any individual wishing to address the City Council
during the public input section of the City Council meeting shall
indicate this by signing the sign-up sheet available to the
public in the City Council chambers and the City Clerk's office
prior to the commencement of the City Council meeting.
Individuals shall have the opportunity to address the City
Council during the public input section of the meeting if they
have signed the sign-up sheet prior to the commencement of the
City Council meeting with respect to an agenda item on a first
come, first heard basis. In addit~on, individuals shall have the
opportunity to address the City Council during public hearings
held in accordance w~th any federal or Florida law, the City
Charter, the Code o~ Ordinances of the City of Seba~tian and the
Land Development Code of the City of Sebastian.
D. Any individual wishing to address the City Council
during the public input portion of the City Council meeting with
respect to a non-agenda item are encouraged to first meet with
members of City staff to resolve the matter. Any individual may
address the City Council with respect to e non-agenda item at the
City Council meeting during the public input session if they
submit a written request to do so to the City Clerk et least six
(6) days prior to the scheduled City Council meeting. The
written request must be provided to the City Clerk no later then
4;30 p.m. on such date.
E. Notwithstanding shy other provision contained in
this Resolution, no public input shall be allowed et a special
meeting, other than during a scheduled public hearing, if any,
unless otherwise provided in the meeting call.
F. The City Council, by s unanimous vote of the'
members of City Council present at the City Council meeting, may
modify the City Council agenda for such meeting to add an
additional agenda item and, in such event, an individual who
wishes to address the City Coun~l with respect to the new agenda
item shall be afforded a reasonable opportunity to sign the sign-
up sheet for such new agenda item.
G. Individuals shall be limited to ten (10) minutes
in making oral presentations to the City Council, except if
extended by the Chair or reduced by the Chair based on the amount
of time available. Individual may also submit written
presentation to the City Council by providing thirteen (13)
complete copies to the City Clerk.
H. The City Clerk shall present the sign-up sheets st
the commencement of the City Council meeting to the Chair.
Except es provided in paragraphs D and E, public input shall be
limited to those individ~als who have signed the sign-up sheet
prior to the commencement of the City Council meeting.
I. All public input shall be addressed to the Chair,
unless answering s question of a member of the City Council or
City Staff.
SECTION 3. CONFLICT, All other r~solutions or parts
of resolutions in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it will be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in fulZ force
and effect.
SECTION 5.
EFFKCTXVK DATE. This Resolution shalltake
effect immediately upon the adjournment of the City Council
meeting at which it is adopted.
The foregoing Resolution was moved for adoption by
Councilman ,~-]~~ The motion was seconded by
Councilman 0~(~/~ ...... and, upon being put to a vote, the
vote was as follows:
Mayor Richard B. Votapka
Vice-Mayor Robert McCarthy
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
Councilman' Robert L. McCollum
The Mayor thereupon declared this Resolution ~uly passed and
adopted this2~day of -~ , 1989.
Richard B. Votapka, Mayor
ATTEST:
Kathr~ M. O'Halloran, CMC/AAE
City Clerk.
Appr/~v~d as to Form and Content:
C~fles lan Nash, City AttOrney
RESOLUTION NO. R-89-59
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, .AMENDING RESOLUTION NO. R-88-31, AND THEKE~'
ESTABLISHING A NEW CITY COUNCIL AGENDA DEADLINE FOR CITY
GOUNCIL MEETINGS; REPEALING RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY coUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AS FOLLOWS:
SECTION I
The CiTY Manager is directed to prepare the CiTY Council
Agenda for all meetings.
SECTION II
Any person desiring to ~laoe an item on a Clt~/ Council
Agenda must submit a request to appear in writing. The request
shall be a¢oomganied with sufficient documents or other
information to inform the CiTy Council of the nature of the
request. The written request must be submit-~ed to the CiTY Clerk
not later than 19-:00 P.M. (Noon) on the Thursday before the
respective meeting.
SECTION III
Items not on the written agenda may be added to the agenda
nly upon unanimous consent of all Council members present at
that meeting.
G3.11
I
· . SECTION ~V I
This resolution repeals all resolutions and parts of I
resolutions in conflict herewith.
.. SECTION V I
T~ts Resolu~/on shall be effective /mmed/atel~ upon final
passage by ~he C/~-y Council. I
I HEREBY CERTIFY that this Resolution was duly passed by T-he i
CiTy Co~l of ~.e CiTy of Sebastian, Flor±da, on the ~
dayof ///~~-~ ,1989. ' I
CITF OF SEBASTIAN, FLORLDA
- Vo=apka, M&yor" i
ATTEST:. I
Approved as to Form and Legal Sufficiency:
ci~lA~-~rn~ash I
!
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589*5570
AGENDA FORM
SUBJECT:
Pending City Council Item List
w/City Manager Comments
APPROVED FOR SUBMITTAL BY:
city Manager: //~4/'~
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Exhibits:
city Cler~
4/7/93
Pending List w/ Comments
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
S_UMMARY _STATEMENT
At the March 24, 1993, Mayor Powell requested an agenda item relative
to discussion of the "Pending List". He requested City Council
members to review the list for discussion at the April 7, 1993
workshop and the City Manager said he would offer comments.
To briefly explain the "Pending List", city Clerks generally keep an
index of City Council actions. In this office we primarily index our
minutes in a "Munimetrix" index program as well as keeping a backup
hard copy "Catalogue List" (thus the five digit number on your agenda)
of all agenda items and their actions. The Munimetrix index goes back
to 1985 and backup lists go back to 1987. As each council item is
completed that action is indicated on the list and after each meeting,
all those items not completed are carried over to a "Pending List".
This aids us in keeping up to date on each file for staff and public
inquiries.
RECOMMENDED ACTION
Review list and comments and act accordingly.
1993 PENDING LIST
93.001
Emergency Ordinance No. 0-93-05 - 1/6/93 Agenda - see
92.181 - adopted - see O-92-14 - amends effective date
90 days - 3/24/93 City Attorney directed to draft
ordinance to amend O-92-14 to make it inapplicable to
current airport manager - no time certain
C/M Comments: City Attorney has drafted permanent ordinance.
C/M Recommendation: Keep file open.
93.010
Riverfront Action Plan - 1/6/93 Agenda - see 92.180 -
staff directed to proceed with 93 plan of action but
bring back further information - 1/27/93 - Riverfront
Survey proposal - Rod Reed - $8,230.00 - approved
C/M ~ We received a survey on 3/29/93. Additional
action items on riverfront will logically be new file numbers.
C/M Recommendation: Close file.
93.017
Sub-lease - Skydive Sebastian, Inc. and Sebastian
Aero Services - 1/6/93 Agenda - see 92.262 - deferred
to 1/13/93 - motion made to approve revised sub-lease,
allow skydiving to commence, subject to designation of
drop zone by staff
C/M Comment: Sub-lease has been approved by City Council and
staff has designated a drop zone. Any future land lease with
Skydive Sebastian will have a new file number.
C/M Recommendation: Close file.
93.019
Corum Matters - Sebastian/U.S. Fish & Wildlife Entrance
Signs - 1/6/93 Agenda - deferred to 1/13/93 - will
addresses at budget time
c/M comment: Deferred to budget time.
C/M Recommendation~ Leave file open.
93.020
William Barber, 1001 Genessee Avenue - Request to Amend
Code of Ordinances Section 18-27 Re: Livestock, Fowl
and Non-Domesticated Animals - 1/6/93 Agenda - deferred
to 1/13/93 - placed on 2/3/93 workshop agenda for
discussion of possible amendment - staff directed to
contact animal rights groups to obtain model ordinances
C/M Comment: Bruce Cooper has drafted a recommendation and
proposed ordinance which will be presented to upcoming Workshop
Meeting (possibly 4/7/93)
Recommendation: Leave file open.
93.050
Riverview Park North- Conceptual Plan - Approve
Agreement for Professional Services - Brad Smith
Associates, Inc. - $1,950.00 - 1/27/93 agenda -
approved
~/M Comment: Consultant is working on plan. Progress was delayed
due to work load in City Engineer's office, since City Engineer
was to prepare base map, etc.
CfM Recommendation: Leave file open.
93.064
ORDINANCE NO. 0-93-06 - Tree Protection - see 92.317 -
2/10/93 agenda - 1st reading - ordinance sent back to
staff for redraft - 2/24/93 agenda discussion placed on
April workshop agenda
C/M ~ Bruce Cooper has prepared recommendation to be
presented to upcoming Workshop Meeting (possibly 4/7/93).
C/MRecommendation: Leave file open.
93.069
Carlin J. Parker - Code Re: Commercial Trailers in
Residential Zones - 2/10/93 agenda - staff directed to
draft ordinances to amend LDC - placed on 3/3/93 agenda
- staff directed to bring to P & Z for recommendation
and back to Council
CIM Comment: City Attorney is drafting ordinance and will
present to upcoming City Council Meeting for first reading.
C/MRecommendation: Leave file open.
93.078
Holyk - Dedicate Riverview Park North - 2/24/93 agenda
- staff directed to review old Riverview Park files and
report back to City Council
~ Cgmmen.t: City Clerk and City Manager have completed research
and submitted to City Attorney to prepare Resolution or other
document to dedicate park. Presently pending with City Attorney.
C/M Recommendation: Leave file open.
93.083
Riverview Park Boardwalk Bids - Reject All Bids and
Direct Staff to Rebid Project to Original Bidders
- 3/3/93 agenda - staff directed to rebid
C/M Comment: City Council approved bid award.
2
Recommendation: Close file.
93.084
Golf Course Association Tee Times Report - 3/3/93
agenda - discussion on ways to increase operating
revenues or city will have to encumber general fund
dollars - staff to analyze City Council and public
input
C_/M Comment: Staff has implemented six (6) month expiration date
on gift certificates, gift certificates to be designated for pro-
shop or golf, non-member tee times to be available seven (7) days
in advance, open tee times to be available one (1) day in advance
from members and non-members, staff has responded to Auditor
General that management comments in audit have been addressed
through a combination of decreased expenditures and revenue
enhancements through competitive rates and 50/50 tee time
reservations. Further, a new Golf Course Manager will report to
work on 4/19/93.
C_~Recommendatlon: Close file.
93.085
Sebastian Lakes (Laconia Street) Report - Set Public
Hearing for 3/24/93 to Terminate the Conceptual
Development Plan and Initiate Rezoning (see 92.024)
- 3/3/93 agenda - ph set for 3/24/93 - ph continued
until 3/26/93 - St. Paul Corporation to hold $65,000 in
escrow
C_/M Comment: Developer has been granted a sixty ~(60) day
continuance on hearing to terminate plan ....
C/M Recommendation: Leave file open.
93.086
Side Lot Drainage Report (see 87.146) - 3/3/93 agenda -
staff directed to draft resolution for city
participation in installation of side lot culvert pipe
C/M Comment:
resolution.
opportunity.
City Engineer currently working on draft
Staff will present to City Council at first
C/M Recommendation: Leave file open.
93.089
Tennis Court Complex Report (see 93.013) - 3/3/93
agenda - Council concurred with concept & site - staff
to proceed to seek funding from IRC for fiscal 94
C/M Comment: Staff has solicited proposals for surveying and site
plan engineering and will present to city Council at first
available meeting.
C/M Recommendation: Leave file open.
3
93.098
Gibson Street Improvements - Request Fifty Percent of
Funding from Indian River County (see 92.041) - 3/10/93
agenda - staff directed to seek 50 percent funding
Comment: Formal request has been sent to Indian River County.
C/M Recommendation: Close file.
93.107
Pending City Council Items - 3/24/93 agenda - City
Council to review - placed on 4/7/93 agenda - Manager
will comment
C/M Comment: To be reviewed 4/7/93.
Recommendation: Close file.
93.109
ORDINANCE NO. 0-93-07 - Reimbursement of City Council
Expenses - 3/24/93 agenda - 1st reading accepted - ph
set for 4/14/93
Comment: Public Hearing set for 4/14/93.
C~M ~commendatlon: Leave file open.
2992 PENDING LIST
92.024
Sebastian Lakes Agreement Re: Laconia Street
Improvements - 1/22/92 Agenda - Sebastian Lakes given 15
days to concur with proposal 1 or 3 or acceptable
alternative and to coordinate with County Engineering -
2/5/92 agenda discussion - deferred to 2/12/92 for
verbal report - Director of Community Development
announced verbal agreement reached - report at 2/26/92
meeting - 3/11/92 agenda - agreement - Resolution No. R-
92-17 adopted - awaiting signed agreement - see 90.285,
88.183, 89.023, 89.210 - Resolution No. R-92-45 -
agreement addendum - adopted with minor changes - see
staff recommendation - see 93.085
~ ~gmment: This item has been replaced with file 93-085.
~ Recommendation: Close file.
92. 025
Preservation of Option of City for Non-Ad Valorem
Assessment to Fund Stormwater Drainage Project -
Authorize Advertisement of Notice of Intent Resolution
No. R-92-06 for Public Hearing on 2/26/92 - 1/22/92
agenda - ph set for 2/24/92 - advertise 1/29/92, 2/5/92,
2/12/92, 2/19/92 - legal notices - adopted - see 91.070
4
C/M Comment: The creation of a stormwater utility will be an
integral part of the City's utilities system. However, the
priority of creating municipal utilities will be water and sewer
and ultimately drainage. New file items will develop as progress
continues.
Recommendation: Close file.
92. 040
Stratton Avenue - Review Possible City Acceptance
Between U.S. 1 and Unit 17, Sebastian Highlands -
Council concurred w/ acceptance - Attorney to draft
documents to bring back to Council - change name to
Barber Street - see 93.059 for Resolution No. R-93-03
name change
C/M Comment: Staff has met with the developer on many occasions
with requests for modifications of plans and requests for survey.
Although staff is prepared to recommend acceptance of the street
in its current physical condition, the street surface is not
situated within the center of the right-of-way and there is
inadequate drainage with no apparent positive outfall. We have
asked the developer to correct these items and we are awaiting
his reply.
C_~ Recommendatio~.~ Keep the file open.
92.041
Gibson Street - Review Request for City Jurisdiction -
2/5/92 agenda - Council concurred to direct staff to
negotiate for jurisdiction - discussed possibility of
putting Gibson all the way through (see 93.098)
C_~ Comme~.~. This item is superseded by 93.098.
Recommendation..: Close the file.
92.044
Review Use of Proceeds of Golf Course Refunding -
Approximately $230,000 - 2/5/92 agenda - staff directed
to draw up conceptual plans for GC clubhouse
improvements and bring back to Council - 3/11/92 - P.
Jones presented conceptual and development program -
staff directed to bring back cost analysis - 3/25/92 -
approved - 5/27/92 agenda - rank order approved - staff
to begin negotiations with Peter Jones - 6/17/92 agenda
contract approved - $19,600 - 9/23/92 concept plan
approved by consensus - go .to P & Z for site plan
approval
5
C/M Comment: The site plan has been approved by P & Z
Commission and construction drawings and specifications are near
completion. A new Golf Course Manager will report to work on
4/19/93 and I would like to hold this item in abeyance for his
review.
C/M Recommendation: Keep the file active.
92.069
Kimley-Horn - Traffic Circulation Study
Presentation - 2/26/92 agenda - presented - see 91.163
C]M Comm,ent,~ The consulting engineer has nearly completed his
portion of the work. However, cost estimates for the alternate
plans are to be developed by the City Engineer. The City
Engineer's workload is such that this project has been delayed.
C/M Recommendation: Keep the file active.
92.071
Point-O-Woods Subdivision - Acceptance of
Perpetual Maintenance of Streets and Drainage -
Direct City Attorney to Draft Resolution - 2/26/92
agenda - Attorney directed provided all conditions are
met - see 90.272
~ ~omment: The developer has been requested to provide certain
documentation which has not yet been received. There is nothing
else the City can do until we receive a response.
C~M ~,commendation: I recommend that the file be closed and
reopened upon petition of the developer.
92.111
Water and Wastewater - presentation for Council review
and recommendation - 4/1/92 agenda - Council concurrence
with staff recommendation re: proposed utility franchise
agreement, engagement of Cloud and Hartman to prepare
180.301 hearing, resolution re: use of funds, and
creation of Utilities Department all scheduled for
4/22/92 agenda - R-92-23 adopted - Cloud and Hartman
engaged to prepare for 180.301 FS hearing - R-92-10
adopted - Hiring Utilities Director and Clerical
Assistant approved
C,M Comment: A Utilities Director has been hired and future
water and wastewater agenda matters will necessitate new file
numbers.
C/M Recommendation: Close the file.
92. 149
Richard Holbrook - Request to Lease City
Owned Building at Tulip & Barber - Youth Center/Gym -
- 5/6/92 agenda - staff to review building integrity -
city liability - 6/3/92 agenda - Council consensus to
request written proposal for lease from organization -
see 93 action on 7.3 acre site
c/M comment: we have not yet received a written proposal for
lease from the organization. Further, the building will be
scheduled for use as part of the Barber Street Sports Complex
expansion.
C.~M Recommendation: Close the file.
92.180 Riverfront District Status Report - 6/3/92 agenda
91.136
- deferred to July 1, 1992 workshop - only subject -
five motions made relating to staff recommendation on
page nine of the report - see 7/1/92 minutes -'see
93.010 for Riverfront Action Plan
C/M Comment: This item has been superseded by 93.010. Future
riverfront action items will require separate file numbers.
Recommendation: Close the file.
92.181
Airport Manager Ordinance - 6/3/92 agenda - City
Attorney to draft ordinance to amend 3.5-4 - 6/17/92 1st
reading - ph set for 7/8/92 - adopted - see 93.001 for
Emergency Ordinance No. 0-93-05
C/M Comment: The City Attorney has drafted the proposed ordinance
which is tentatively set for first reading on 4/14/93.
C/M Recommendation: Keep the file open.
92.213
Enact Policy Re: Scrub Jay Habitat - 7/22/92 agenda -
City Attorney to draft ordinance
C/M Comment: The city Attorney has not returned a draft
ordinance to date.
C/M Recommendation: Keep the file open.
92.216/
91.168
Discuss Wentworth Ditch Realignment - 7/22/92 agenda
- IRC to conduct public meeting on August 6 at 2 p.m.
- 11/4/92 workshop - Council concurred with IRC plan to
relocate Wentworth Ditch - staff to revise ordinance to
allow 8 foot fences in that area
C/M Comment: Staff has completed research and presented to City
Attorney who is drafting an ordinance to allow eight (8) foot
fences in the area.
~ Recommendation: Keep the file open.
92.259
Bond Money for Street Repair - 9/23/92 agenda - staff to
do analysis of other municipalities financing methods
C/M Comment: Staff has not completed an analysis of alternate
financing methods for street improvements and recommends that the
matter be addressed at budget time.
tim Recommendation: Keep the file open.
92.262
Request from Skydive Sebastian, Inc. - Permit Skydiving
at Airport - 9/23/92 agenda - approved subject to
working out conditions in lease with staff and Attorney
- 11/4/92 agenda - not addressed - carried to 11/18/92
regular meeting - staff directed to negotiate with
Skydive Sebastian to promulgate safety rules - allow
them to piggyback onto another current lease as is -
request FAA to do safety study - see 93.017
C~M COmment: This item is superseded by item 93.017. The safety
study is completed and the sub-lease is approved by the City
Council.
Recommendation: Close the file.
92.264
Stonecrop Park - Discussion - 10/7/92 - staff to proceed
to open as passive park and include in overall
evaluation of acquired GDC park tracts
CJM ~gmment: No additional action has been taken on this item by
staff due to workload of City Engineer.
C/M Reoommen4~.tion: Keep the file open.
92.293
Mack R. Cobb - Manager, Aspen Whispering Palms - Present
Petition - Request Indian River County to Remove Signs -
Intersection of CR 512 and CR 510 - 10/28/92 agenda -
City Manager to contact IRC to see what can be done with
signs and report back to City Council
C/M Comment: Staff has contacted Indian River County which has
agreed to review and modify the signs. No additional action is
necessary at this time.
Recommendation: Close the file.
92.304
Golf Course Expansion Commission Appraisal - 11/4/92
agenda - Armfield-Wagner engage to do appraisal of
properties adjacent to golf course - $5500 -
approved - see 91.235
C/M CommeDt: The golf course appraisals have been completed and
submitted to the city. A new Golf Course Manager is to report to
work 4/19/93. I wish to keep this matter in abeyance so that the
new Golf Course Manager may review the project.
C/M Recommendation: Keep the file open.
92.326
see 89.003 - Sebastian Municipal Airport Community
Compatibility Study, Draft Master Plan and Environmental
Assessment - 12/16/92 agenda - motion to submit plan to
FAA
C/M Commen~: The City Council has authorized the proposed
Airport Master Plan to be submitted to the FAA. No further action
is required until the FAA completes its review and returns
comments to the City.
C/M Recommendation: Close the file.
~991 PENDING LIST
91.070/
90.199
Drainage Report - 3/6/91 agenda - deferred to 3/13/91
- Manager to meet with Attorney and staff to prepare
ordinance re: drainage issues and draft RFP when new
engineer on board for consulting engineer - 7/24/91 -
Reid placed on 8/7/91 agenda discussion of special
taxing district for stormwater - previously placed by
Oberbeck - staff directed to proceed with engaging a
consultant to establish master drainage plan and to
proceed with grant application whenever possible - file
remains open per 9/4/91 Council action on pending list
- 9/4/91 Manager gave brief report - 10/9/91 - top 4
ranked - staff directed to begin negotiations with
Bromwell Carrier, Inc. - 1/22/92 (see 92.025) - 2/5/92
agenda - report on negotiations - 2/12/92 - Council
concurred with City Manager recommendation to do cost
analysis relative to Utilities Director doing
stormwater study
C/M Comment: The creation of drainage utility will a part of the
city Utility Department.
C/M Recommendation: Close the file.
9
91.071
Verbal Report on Special Legal Counsel Re: North
County Water & Sewer Franchise - 3/6/91 agenda -
engagement of Thomas Cloud placed on 3/13/91 consent -
approved - Attorney to meet w/ Manager and Cloud to
define scope of services - 3/27/91 Cloud engaged - cap
at $10,000 - Hartman and Associates engaged (engineers)
- cap at $10,000 - 6/26/91 agenda - Hartman and Cloud
report presented - placed on 7/10/91 agenda for action
- report recommendation section 6.2 approved - Cloud
hired as special legal counsel and staff directed to
begin engineering consultant RFP process - 7/24/91 -
Council consensus - Manager to begin to lay groundwork
for water and sewer utility relative to personnel and
space requirements - 8/28/91 Cloud engaged - not to
exceed $30,000 - file remains open per 9/4/91 Council
action on pending list - 10/9/91 - water and sewer
acquisition consultants - top 4 ranked - staff directed
to begin negotiation with Hartman and Assoc. - 10/23/91
Hartman contract approved - 12/4/91 Vitunac and Pinto
attend workshop - Council to hold comment for outcome
of staff meeting on 12/5/91 - 12/11/91 agenda - Manager
report on meeting - see 92.111
C/M ~ This item is superseded by 92.111. Future utility
matters will require separate agenda catalog numbers.
C/M Recommendation: Close the file.
91.119
Airport FBO Minimum Standards - 4/24/91 agenda - JVA to
continue draft - survey other airports - work with
staff - file remains open per 9/4/91 Council action on
pending list
Comment: This item is still pending.
C/M Recommendation: Keep the file open.
91.122
Review Jurisdictional Transfer of Indian River Drive
w/in City Limits from Indian River County to City of
Sebastian - 5/1/91 agenda - discussion and placed on
5/8/91 consent agenda for approval - Attorney directed
to prepare documents - file remains open per 9/4/91
Council action on pending list - 2/5/92 agenda - review
preliminary interlocal agreement - staff to renegotiate
with IRC
C_~ Comment: Indian River Drive was addressed in the Riverfront
Action Report filed on January, 1993 and no additional action is
required at this time.
C~M Recommendation: Close the file.
10
91.163
Traffic Circulation Plan - Direct Staff to
Proceed with Engagement of Consulting Engineer -
6/12/91 agenda - staff to advertise RFPs - Consultant
Selection - Traffic Circulation Plan -
Direct Staff to Begin Negotiation with Kimley-
Horn - 8/28/91 agenda - approved - file remains open
per 9/4/91 Council action on pending list - 11/13/91
approve contract with Kimley-Horn - $49,800 - approved
C/MC_9_omment: The consultant has completed most of the work on
this project but many items, such as long term cost estimates,
are to be generated by the City Engineer.
C[M Recommendation: Keep the file open.
91.235
Golf Course Consultant Selection - Approve Proposal
from Professional Golfers' Association (PGA) - $6,000 -
8/28/91 agenda - approved - 9/25/91 extend contract to
include feasibility study for additional 18 hole course
- $13,500 - deferred to 10/2/91 workshop - Council
consensus - request contract on notice to proceed basis
by task - place on 10/9/91 agenda - approved on task by
task basis - Ankrom contract to come back at later date
- 11/20/91 agenda - PGA report presented - 12/11/91
Golf Course expansion report presented - 2/12/92 Task 2
report presented by Rossi - motion to proceed with Task
3
C/M Comment: Feasibility Study is completed by the PGA and no
additional work is required.
C/M Recommendation: Close the file.
91.254
North County Coordinator Request to Convert Senior
League Field to Foot/Softball Field - 9/11/91 agenda -
deferred - no time certain
CJM Comment: In addition to the request from IRC, the City has
received a request from the Little League Association to utilize
field #4 for its programs. This item will require additional
consideration by the City Council.
C/M Recommendation: Leave the file open.
90.158
1990 PENDING LIST
Report On Airport Leasing - 6/13/09 agenda - staff to
establish procedures for Council approval - no time
certain - open file per 9/4/91 Council action on pending
list
11
C~M Comment: The City Attorney has recently prepared a draft
lease to be used by future airport tenants. However, City
Council has yet to review the document.
C/M Recommendation: Keep the file open.
90.186
RESOLUTION NO. R-90-28 - Grant Easement to Indian River
County - 8/8/90 agenda - adopted - easement has not yet
been sent to County Attorney for recording since FAA
approval has not been obtained - open file per 9/4/91
Council action on pending list
~/M Comment: This appears to be a pending item and staff will
follow through to obtain status report from FAA and County.
C/M Recommendation: Keep file open.
1989 PENDING LIST
89.003
Airport Compatibility Study - open file per 9/4/91
Council action on pending list - file in vault
see 92.326
Comment: The item is superseded by 92.326 and others.
C/M Recommendation: Close file.
1988 PENDING ITEMS
88.063 Request from Attorney Lulich - amendment to
Italian/American Club lease - 3/2/88 - carried over to
3/9/88 amended lease approved - lease and amendment
sent to be recorded 3/2/88 - returned - move location
of club - consideration of Airport property 6/8/88 -
club drafting lease for council consideration
- back to 10/5/88 for discussion - 3/7/90 discussion -
3/14/90 - R-90-15 lease - adopted contingent upon FAA
approval - FAA letter dated 7/18/90- cannot consent to
lease until certain conditions are met - 1/14/91 memo
from Clerk to Manager requesting status - his response
- file remains active until IA Club resubmits requested
FAA required information
C/M ~ The City has not received further information from
the Italian American Club.
C/M Recommendation: Close the file until petitioned by the Italian
American Club to reopen it.
12
I City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: REQUEST OF THE SEBASTIAN
EXCHANGE CLUB TO USE RI~RVIEW
PARK
Approved For Submittal By:
City Manager
Agenda Number:
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
1.
03/25/93
04/07/93
Letter dated March 17, 1993 from
Virginia Wetherald
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Exchange Club of Sebastian is requesting permission from City Council
to utilize Riverview Park on Saturday, May 22, 1993 to hold a carnival,
which will benefit The Exchange Club of Sebastian.
This request is similar in nature to the request by Vietnam Veterans of
America to hold a carnival for their chapter. Although both organizations
are for a worthly cause, staff has concerns regarding the use of Riverview
Park and any other public facilities for events that may not directly
benefit the City of Sebastian.
RECOMMENDED ACTION
Review the request of The Exchange Club of Sebastian.
The Exchange Club of Sebastian
Post Office Box 781155
Sebastian, FL 32978-1155
March 17, 1993
Mr. Lonnie Powell, Mayor
City Council
City of Sebastian
Post Office Box 780127
Sebastian, FL 32978
Dear Mayor Powell and Council Members:
The Exchange Club of Sebastian would like to request the use of Riverview Park on
Saturday, May 22, 1993 to hold a carnival, which will benefit The Exchange Club of
Sebastian. We ask that the fees for permits and licenses be waived for this fund raiser.
Should you have any questions, please feel free to contact me at 589-8981.
We look forward to hearing from you in the near future.
Sincerely,
Virginia M. Wetherald
VMW/la
I
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: REQUEST OF THE VIETNAM
VETERANS OF AMERICA TO USE
RIVERVIEW PARK
Approved For Submittal By:
City Manager
) Agenda Number:
Dept. Origin: Community Development
Date Submitted: 03/25/93 '
For Agenda Of: 04/07/93
Exhibits:
1.
Letter dated March 18, 1993 from
Bernie McGhee
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Vietnam veterans of America, Inc. is requesting permission from City
Council to utilize Riverview Park from Thursday, May 20, 1993 through
Sunday, May 23, 1993 to hold a carnival, which will benefit the Vietnam
Veterans of America.
This request is similar in nature to the request by The Sebastian Exchange
Club to hold a carnival for their chapter. Although both organizations
are for a worthly cause, staff has concerns regarding the use of Riverview
Park and any other public facilities for events that may not directly
benefit the City of Sebastian.
RECOMMENDED ACTION
Review the request of the Vietnam Veterans of America.
Vietnam Veterans of America
Chapter #567
March 18, 1993
Sebastian City Council
1225 Main Street
Sebastian FL 32958
Dear Council Members:
Vietnam Veterans of America, Inc., Chapter 567 of Indian River County, is
requesting permission from %he Council to hold "VET FEST '93" at Riverview
Park from Thursday, May 20, 1993 through Sunday, May 23, 1993.
~VET FEST '93" will feature a midway, arts and crafts booths, food vendors
from restaurants in the Vero Beach/Sebastian area, other military organi-
zations and displays. The idea of "VET FEST '93" is to promote veterans'
activities around the county and to gain membership.
VVA Chapter 567 will host the event, obtain exhibitors and mid%ray, and
generally oversee things throughout the four days. There will be no alco-
holic beverages sold by any of the vendors. Proceeds will be used to
benefit needy vets and their families during the 1993 Thanksgiving and
Christmas seasons. Most of the families the Chapter helped in 1992 were
in the north county area.
We appreciate your consideration of this matter.
Sincerely,
Bernie McGhee
President
P.O. Box 7050, Veto Beach, FL 32961
!
!
I
i City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Yacht Club Finger
Pier Extension
) Agenda No.
)
) Dept. Origin
)
Approved for Submittal By:
) Date Submitted
)
) For Agenda of
03-24-93
City Manager
04-07-93
EXPENDITURE
REQUIRED:
Exhibits: Richard Fey Letter
) dated 1-18-93
)
m
AMOUNT APPROPRIATION
BUDGETED: REQUIRED:
SUMMARY STATEMENT
The permit application for the Yacht Club Finger Pier
extension and Fishing Pier renovations have been
submitted to State and Federal Permitting Agencies.
We have received a letter from the U.S. Army Corp of
Engineers in which they describe the proposed work as
being minor and that they plan to issue a letter type
permit without public notice two weeks from the date of
their letter of March 9th, 1993. On the 19th of March,
we received review comments from the Florida Department
of Evironmental Regulations (FDER) stating that a permit
will be required for the project and that our
application was incomplete.
The FDER strongly suggested that the pro3ect be modified
to reduce an impact on the wetlands and Outstanding
Waters of the State. We will attempt to forge ahead
with the pro3ect as originally planned with the finger
pier extension and the wave attenuator.
Channel 68 Marina, immediately south of the Yacht
Club, has made a formal request to extend the breakwater
system beyond the 120 foot mark and that all costs for
the extension of the pier would be paid directly by
them. Their only request is that they be able to hire
their own contractor to construct their portion of the
breakwater system. Mike Schram, P.E. with Riomar
Engineering and Contractors, suggested that the Wave
Attenuator be extended only 120 feet from the existing
bulkhead in order to protect the city boat launch.
Beyond this length, the effect of the wave attenuation
would not be cost effective for our property. This
120 LF would be approximately one third of the fishing
pier's overall length, which is approximately 350 ft.
Staff has agreed to present the Channel 68 Marina
request to the City Council. Staff feels that anything
beyond the 120 ft mark would serve to benefit Channel
68 Marina but would be of marginal benefit to us.
Therefore, they should be financially responsibl~e for
any construction beyond the 120 foot mark. The City
Council should be aware that the permit has not been
approved for the entire length and may be reduced by
virtue of the review comments by the FDER. But should
FDER approve the full length of the attenuation,
then the owner for Channel 68 Marina would request
permission from the City for its complete installation.
RECOMMENDED ACTION
Review the request of Channel 68 Marina to construct
additional breakwater on the City Yacht Club Fishing
Pier.
SHANNEi. 62 PAR!NA, iNC.
P.O. Box 0936
Roseland, Fl. 32957
(407)589-2628
January 18,1993
Mr. Daniel C. Eckis, P.E.
City Of Sebastian
P,.O. Box 780127
Sebastian, Fl. 32978-0127
Dear Dan,
This is in response to your December 23, 1992
letter concerning the Yacht Club Breakwater System. I am
interested in the continuation of the breakwater past the
120' mark, extending it to the far end of the pier. Cost
of the extention would be payable directly by Channel 68
Marina, Inc.
i will hire a contractor to construct my portion of
the breakwater system.
Thank You,
Richard Fey, Pres.
City of Sebastian
POST OFFICE BOX 7801;7 o SEBASTIAN. FLORIDA 32g?ll
'TELEPHONE (407) 589-6330
FAX 407-589-55}'0
SUBJECT: Tower Lease Agreement
and Monthly Fee
Approved For Submittal By:
Ctby Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Police
3/16/93
4/07/93
Exhibits: Petty Memo 3/16/93
Generic Tower Lease Agreement
Indian River County Monthly
Unit Lease Cost
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
SUMMARY STATEMENT
Several agencies, both governmental and civilian have requested
the use of space on the city's 150 foot tower for the purpose of
placing an antenna or antennas. To allow this a fee schedule and
lease agreement should be established.
RECOMMENDED ACTION
Review the attached information and direct staff accordingly.
SEBASTIAN
POLICE Post Office Box 780127
Sebastian, FL 32978-0127
DEPARTMENT (,07) 589-5233
MEMORanDUM
DATE=
TO=
FROM=
March 16, 1993
Robert $. McClary, City Manager
Earle L. Petty, Chief of P~
Tower Lease Agreement and Monthly Lease Cost
We have been approached by several agencies both governmental
and civilian, requesting space on the city's tower for
placement of an antenna. Attached to this memorandum is a
sample Antenna Space Tower Lease Agreement used by
Communications International, Inc., Vero Beach, and the
monthly per antenna cost that Indian River County charges for
antenna space on the Hobart Tower.
Based on this information it is my recommendation that the
city charge a fee of $125.00 per antenna per month regardless
of height location on the tower and an additional $25.00 per
month cabinet fee, which covers the space needed in our radio
room for equipment.
I would further recommend that if City Council decides to
lease tower space that priority be given to government
agencies first.
If you should have any questions pertaining to this
memorandum, please contact me at your earliest convenience.
EP/jh'
Enclosures
P,O~.
TOT~qL P. 02
03/12/93
DATE=
TO=
A?TNt
FROM=
16:01 ~407 567 2292 COim INT'L [~001 I
V",I ~ INTERNATIONAL. INC. i
I
· i
I
PIiONE ( 4~7 ) 569-5355 FAX (4~) 567-2292 i
~ ,/~ ' ~ I
.'~ · .. ~_ _ . . ~ ~
PAGES INCLUDING COVER SHEET I
I
I
PO. SOX ~70 -- 5~ 1Sl' ST.
vERo BEACH. FL 32~l
1407) ~5355
FAX f40?~ ~7-2292
?00 $ JOHN ~ODE$ ii. VD..
MELBOURNE, FL
FAX (407)
SOUTH U.S. 1. SUITE
TITUSVILL;'. FL 32782
269-93 ~8
32..~9 OLEANDER AVENUE
FI. PIERCE, FL 349aZ
(407) M~-5355
i
[
03/12/93 16:02 9407 567 2292 COM~ INT'L ~002
$d~TENNA SPACE - TOWER LEASE AGREEMENT
In consideration of the conditions set forth herein,
of
hereinafter known'"'as "LESS'~R", hereby agree and covenant
as follow:
That the lessor owns and operates
radio tower, which is located at
Th~ geographic coordinates are:
. Latitude Degrees
W. -----Degrees
Longitude
2. EOUIPMENT AND INSTALLATION:
(A)
a building or
Minutes Seconds
Minutes Seconds
That the lessor hereby grants permission to
lessee to install and operate antennas on
said tower with the tips of sa~---d-~ntenna at A
height of feet above ground level.
(B) Lessor shaY1 provide land or floor space for a
transmitter or transceiver, to operate on the
following frequencies:
SEE ATTACHMENT
(C) Lessee shall furnish his own antenna, line,
Transmission line shall not exceed
and fittings.
1-5/8 inches in diameter.
of lessee's initial frequencies, as
(d)
Any
change
indicated above, is subject to lessor's approval,
to avoid conflict with existing users or
operations.
3. OPERATION AND MAINTENANCE:
Lessee will be responsible for the operation of said
antenna and associated equipment so that lessee will:
In no way damage tower structure or building.
NOt interfere with lessor's maintenance of
structure or lighting equipment.
03/12/93
16:03
~407 567 2292
COM~ INT' L
003 m
OPERATION AND MAINTENANCE: (Continued)
(C)
Not interfere with lessor's radio equipment, or
that of any other existing lessees. In the m
event there is interference, lessee shall
immediately take all steps necessary to eliminate
such interference, and if this cannot be accomp-
lished in a reasonable length of time, then ·
lessee agrees to remove his equipment from the
lessor's premises, and this lease shall become
null and void.
(D) Comply with all applicable rules of the Federal
Communications Commission.
(E)
Allow only authorized engineering or maintenance
personnel access to the site, and hereby holds
lessor harmless from any claims for injury to
such personnel, i
(F) Lessee understands that Lessor is not responsible
for maintenance of Lessee's equipment or antennas
and that any damage thereto, or any routine ·
strike, power failure, civil commotion, act of
God, or any similarly caused damage is the sole
responsibility of Lessee.
(G) Lessor shall provide access to equipment location ~
for maintenance purposes under supervision of
Lessor's personnel.
(H) Lessee will indemnify and hold Lessor harmless m
from all claims, actions and suits, groundless
or otherwise and from all of any kind of the ·
property of Lessor or of others, including cost,
counsel fees, and all other expenses of ever~
nature and kind resulting from the construction
erection· m
(I) Lessee shall obtain and keep in force during the
term of this lease, insurance wi=h.a.company or
companies approved by Lessor containing public m
liability a~d property d~age coverage acceptable
·
to Lessor. Such insurance which shall name Lessor
aS an insured as well as Lessee, shall be in the
~J~oun~
not less than $100,090 for personal ·
injuries to any one person in any one accident,
and $500,000 to any number of persons
03/12/93 16:06 ~407 567 2292 .COMM INT'L
3. OpEPA%TION AND MAINTENANCE. (Continued)
for personal injuries in any one accident, and
Droperty damage in ~n amount not less t~n _ _
~300,000 resulting ~rom one or more acc~=en=s or
a combination of one or more accidents.
The Lessee shall pay as rental, the sum of
monthly beginning on the first day of
and on the same day of each and eveF~ month_un~il~ and
including the firs~ day of 1~___.
living increases to be appl~all~Jy.
This lease shall be renewable for a similar ~eriod of
time, at =he same, or an adjusted rate, provided that
Lessee gives a~ least sixty day~ notice of Lessor, in
writing, of his intent =o renew.
5. F.C..C.P.E~ULATIONS=
If, after execution of =his lease, lessee is unable to
occupy, or is caused to vacate lessor s tower or
due Uo actions of the Federal Communications
building,
Commission, or any sta=~ or local government authority
=his lease may be canceled on the par= of lessee,
wi=hour obligation, except that lessee may be required
to reimburse lessor for expenses incurred i~ the
negotiation or execution of this lease; SUCh
reimbursement not =o exceed the sum of $100.
Concurrent with the signing of the lease, a deposit of
the first and last months rent ~o be held without
interest. This deposit will be used as the first and
last month's rent.
Cost of living increases yearly are to be added based
upon consumer price index as published.
LESSOR
BY:
TITLE:
WITNESS
LESSEE
BY:
TITL~q.'
W~TNESS
~OOl
Indian River County
Board of County Commissioners
Department of Emergency Services
1840 25th Street, Vero Beach, Florida 32960
March 11, 1993
Chief Earle Petty
Chief of Police
Sebastian Police Department
P. O. Box 789127
Sebastian, Florida 32978-0127
Re:
Placement of Satellite.Receiver on.'
Police Tower for use in Emergency Medical
Services Communications
Dear Earle:
To improve the emergency medical services communications for the
citizens in the northern part of the county, I respectfully request
authorization from you and the Sebastian City Council to install a
small antenna on the Police Department radio tower.
The preferred height for the antenna would be in the range of 130-
140 feet. The equipment which would need to be placed in the
building is small - only 19 inches wide, 8 inches deep, and 5
inches high. It is small enough to be placed in an existing
cabinet without requiring additional storage space.
EMS communications would be greatly enhanced for the Paramedics and
citizens in need of treatment during pre-hospital emergencies if
this request is favorably considered, ifa monthly fee is required
for placement of the antenna and equipment on the tower, please
advise and I will proceed to obtain authorization from the Board
for payment. If approved, all installation cost will be paid by
this office.
Thanks in advance for your consideration of this request. If you
need further information, I will promptly obtain it for you upon
request.
Sincerely,
Department of Emergency Ser..vices
cc: Jim Chandler, County Administrator
Jim Judge, EMS Chief
Division of Division of
ergency Medical Animal Control
Services 567-8000
567-8000 Ext. 446
Exl. 217 .'.
SUNCOM 224-1444
Division of Division of
Fire Services Emergency Mana§ement
567-8000 567-8000
Ext. 75090 Ext. 444
FAX (407) 567-9323
I
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-533O u FAX (407) 589-5570
I AGENDA FORM
SUBJECT: )
Institute for Elected Officials )
APPROVED FOR SUBMITTAL BY: )
City Manager: ~ ~ )
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Exhibits:
Brochure
City Clerk~
3/31193
4/7/93
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
~_IJMMARY STATEMENT
Although submitted to City Council members previously, I have placed
this item on the agenda to ascertain that all members are aware of the
1993 Institute for Elected officials and advise that those interested
contact me to arrange registration. I have already been contacted by
Councilmembers Freeland and Damp.
Although Ordinance No. 0-93-07, establishing procedures for approval
of City Council travel expenses, has not yet been adopted (April 14,
1993 public hearing), I felt that City Council should be aware and
possibly act on travel requests for Councilmembers Freeland and Damp
and anyone else interested in attending this Institute.
RECOMMENDED ACTION
Review and act on accordingly.
I
City of Sebastian
POST OFFICE BOX 78012.7 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
TO:
FROM:
SUBJECT:
DATE:
Mayor Powell and
City Council Members
KayO' Halloran~0'~
City Clerk
1993 Institute For Elected Municipal officials
March 17, 1993
Attached is a brochure for an institute to be held throughout the
state for Elected Municipal Officials.
This institute has received "rave reviews" (it was held in 1992)
by various participants and the institute faculty is the "top of
the line" when it comes to expertise.
I sincerely believe that attendance at this institute would
alleviate a great many questions and some confusion.
Please let the City Clerk's office know if you wish to
participate to enable us to make the necessary arrangements and
fill out the proper forms.
Thank you.
KO:js
attachment
I
i
I
!
I
m
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: CEMETERY RATES
Approved For Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
Finance (LWN)
04-01-93
04-07-93
Exhibits: Resolution No.R-91-17
Eckis Memo dated 03-19-93
Kelso Memo dated 03-24-93
Cemetery Revenue Recap
Cemetery Rate Comparison Schedule
EXPENDITURE AMOUNT
APPROPRXATION
REQUIREO: BUDGETED: REQUIRED:
SUMMARY STATEMENT
Pursuant to City Code section 34-11, "Prices of lots in the Cemetery shall be
uniformly set by resolution of the City Council." The proposed rates are shown
on the attached Cemetery rate comparison schedule. The attached Cemetery Revenue
Recap demonstrates the historical lot sales and revenues for the last three
fiscal years. Staff is also recommending to eliminate the cremation lot sales
entirely as the niches are now available at the recommended rates.
RECOMMENDED ACTION
Move to direct staff to modify the cemetery rate resolution to reflect rates as
determined by the City Council at this workshop meeting.
RESOLUTION NO. R-91-17
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, RELATING TO CEMETERy
LOT RATES; ESTABLISHING NEW RATES FOR THE SALE
OF CEMETERY LOTS IN THE MUNICIPAL CEMETERY;
ESTABLISHING P~ATES FOR CREMATION BURIALS AND'
CORNER MARKERS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
ARD PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County, Florida,
owns and operates a municipal cemetery; and
WHEREAS, the City has previously established rates with
respect to cemetery lots in said municipal cemetery by resolution,
as required by Section 8-26 of the Code of Ordinances of the City
of Sebastian; and
WHEREAS, the City Council for the City of Sebastian has
determined that due to substantial increases in the population of
the State of Florida in general, and in Indian River County in
particular, there exists the possibility that burial space in the
municipal cemetery will be exhausted; and
WHEREAS, the City Council has further determined that existing
rates for cemetery lots in the municipal cemetery are substantially
below those charged by private and municipal cemeteries in the
surrounding area; and
WHEREAS, the City currently has no rates for cremation burials
or corner markers; and
WHEREAS, the City Council has determined that in order to
assure adequate burial space for the residents of the City of
Sebastian, existing rates must be increased to amounts comparable
to'those of other cemeteries in the surrounding area and rates must
be established for cremation burial and corner markers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBSATIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. CITY RESIDENTS. The price for burial space for
legal residents who reside in the corporate limits of the City of
Sebastian, and in the unincorporated area of indian R~ver County
known as Roseland, shall be as follows:
(a) $400.00 per individual lot;
(b) $200.00 per 4-foot x 4-foot cremation lot.
Section 2. COUNTY RESIDENTS. The price for burial space for
legal residents who reside in Indian River County, other than
individuals residing in Sebastian or in Roseland, shall be as
follows:
(a) $500.00 per individual lot;
(b) $250.00 per 4-foot x 4-foot cremation lot.
Section 3. OUT-OF-COUNTY RESIDENTS. Burial space may be
purchased by individuals not residing in Indian River County on an
availability basis and the price for such burial space shall be as
follows:
(a) $600.00 per individual lot;
(b) $300.00 per 4-foot x 4-foot cremation lot.
Section 4. SERVICES INCLUDED. The purchase price for burial
space includes sodding of the grave site and perpetual care, but
does not include the cost of installing a suitable concrete
2
foundation for grave markers as required by Section 8.-34.1 of the
Code of Ordinances of the City of Sebastian.
Section 5. OPENING OR CLOSING GRAVE OTHER THAN DURING NORMAL
HOURS. The fee for opening or closing a grave other than during
regular working hours, including weekends and holidays, shall be
$35.00.
Section 6. CREMATION BURIALS. The fee for cremation burials
shall be as follows:
(a) $15.00 per cremation burial;
(b) $20.00 per cremation disinterment;
(c) $35.00 per cremation burial and disinterment.
Section 7. CORNER MARKERS. The fee for corner markers with
last name and initials of the deceased shall be $11.00.
Section 8. CONFLICT. All resolutions or parts of resolutions
in conflict herewith are hereby repealed.
Section 9. SEVERABILITY. In the event a court of competent
Jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Resolution without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 10. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilman
~~.~? The motion was seconded by Councilman
_~.A ' .. and, upon being put into a vote, the vote was
as follows:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck /~"-
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
The Mayor thereupon declared this Resolution duly passed and
adopted thls~ day of ~.~ , 1991.
CiTY OF SEBASTIAN, FLORIDA
ATTEST:
Kathryn/M~' O. Ha]/loran, ~'~
CMC/AAE, City Clerk
( SEAL )
· ]~. conYer>'~a~r "'
Approv~to Form and
ch~tes Ian Nash,
City Attorney
Content:
4
I
City of Sebastian I
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
MEMORANDUM
DATE;
TO:
FROM:
RE:
March 19, 1993
Larry Napier
Assistant Finance Director []
Daniel C. Eckis, P.E.~
City Engineer/Public~'~:=ks Director
Rate Structure of Niches
Therefore it is requested that the information that was
provided to you from the Cemetery Sexton for determination of
the rate study be evaluated and that a recommendation for
fees for the niches be placed on the April workshop meeting
for discussion and direction from City Council.
Other items that should be addressed in the Resolution
involved the physical dimension of the niches, the type of
fasteners that should be used for name plaques, and the
installation of bud vases on the niche.
In a meeting with the Cemetery Sexton, we discussed the rate
structure of niches and the pricing of burial lots for the
Sebastian Cemetery. He explained to me that he had several
meetings with the Assistant Finance Director who suggested
that both burials and the niches should reflect a uniformity
within the pricing structure that currently exists. It was
my understanding that niches would be more expensive than
below ground cremetional burials. It could be possible to
eliminate the in ground cremetion burials and to provide for
cremations only in the niches.
I
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-533O [] FAX (407) 589-5570
M E M 0
TO:
FROM:
SUBJECT:
Dan Eckis, Director of Public Works
Kip G. Kelso, Jr., Cemetery Sexton ~.~.~.
Rate Structure of Niches, Pricing of Burial Lots and
Information on Urns and Plaques
DATE:
March 24, 1993
As you know, at the regular city council meeting on August 26,
1992, they awarded the bid to construct the niches at the
cemetery to Newton Construction Company. In view of this, there
have been several meetings with the Assistant Finance Director,
Larry Napier, and myself which were due in part to city council's
directive to review the entire rate structure. The following
items were discussed:
It was suggested by Larry that both burials and niches should
reflect uniformity within the pricing structure.
The possibility of discontinuing the above named cremation
burials in the ground in favor of niches only.
If we were to discontinue the below ground cremation burials, the
cost might be prohibitive. As it stands now, a below ground
cremation burial site is approximately 4' x 4' sq. and prices are
less than niche prices typical in the area. There is also a
separate fee for cremation burials which is not included in the
price of either a lot/niche (see attached pricing forms) and it
was felt that an adjustment should be made reflecting an increase
to further cover costs.
A consultation with Strunk Funeral Home stated that the rate
increase issue might be somewhat harsh for the people in the
community to bear at this time due to the economic outlook.
In light of this, it might be better to keep the "status quo"
for now. As for the niches, I tend to agree with the assistant
finance director the niches prices are minimal in comparison to
either municipal or private cemeteries in the surrounding areas
(please see attached price list).
Another issue is uniformity the urns dimensions compatibility
with the new niches. Measurements of the niches are as follows:
Height = 12", Width = 10", Depth= 12" Deviations would pose
quite a few problems if there were no guidelines mandating a
standard size for urns placed. Plaques are to be attached to
the granite with stainless steel fasteners, and it would be
advisable if double niches are purchased, that the client should
acquire both plaques at the same time.
In addition whenever niches are purchased it would be best to
sell the vase/vases (or bud as it is called) that attaches to
the niche. These would fit on the door of the niche and be in
compliance with a prior resolution to this effect. This should
deter flowers from being placed either on top of the niches or
around the gazebo other unwanted possible placements. A
sequence should be followed whenever the niches are sold to avoid
a state of confusion in record keeping. All bottom units are
requested to be sold first so that there will be no problem
selling them as everyone will want the top or middle rows and
thus will leave the bottom units virtually unsold.
Thank you for your continued cooperation.
KGK/lml
Encls.
cc:
City Manager
Finance Director
City Clerk
CEMETERY REVENUE RECAP
LOTS AMOUNT
CITY 47 $9,400.00
COUNTY 29 $9,425.00
OUT OF COUNTY 18 $9,200.00
94 $28,025.00
CREMAINS AMOUNT
CITY I $100.00
OUT OF COUNTY 4 $800.00
TOTAL REVENUE LOT SALES
5 $900.00
99 $28,925.00
LOTS AMOUNT
CITY 63 $21,600.00
COUNTY 8 $3,300.00
OUT OF COUNTY 4 $2,200.00
75 $27,100.00
TOTAL REVENUE LOT SALES
75 $27~100.00
LOTS AMOUNT
CITY 34 $9,400.00
COUNTY 7 $9,425.00
OUT OF COUNTY 13 $9,200.00
54 $28,025.00
CREMAINS AMOUNT
CITY 3 $600,00
3 $600.00
TOTAL REVENUE LOT SALES 57 $28,625.0~
o mZ
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:
PROPOSED SIGN ORDINANCE
Approved For Submittal By:
City Manager ~~
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
1.
03/30/93
04/07/93
( BC~
Proposed Sign ordinance
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of March 18, 1993, the Planning and Zoning
Commission finalized a draft for a new sign ordinance which, if adopted,
would replace the existing sign ordinance within the Land Development
Code.
Since any restrictions on signs affects the business community directly,
the Planning and Zoning Commission held several public hearings and placed
certain advertisements advising the business community, sign companies and
any other interested parties to get involved in the preparation of this
draft. The majority of changes within this draft is not necessarily to
place more restrictions but, to allow some relaxation in the existing code
to help the business community.
~istor~ - The existing sign ordinance (Article XV) within the Land
Development Regulation was adopted on August 28, 1985. There have been two
revisions since this adoption regarding open house signs and political
signs. Section 20A-15.9(A)(Page 37 of the draft) requires all
nonconforming signs to be removed within five (5) years from the effective
date of this ordinance. After this expiration date and prior to requiring
all nonconforming signs to be removed, staff asked the City Council at
that time, to review the possibility of a new ordinance. The City Council
agreed to postponed any action on the removal of these signs until a new
ordinance was adopted which might allow some nonconforming signs to
remain. ~,/~
Page 2
Intent -The intent to review a new ordinance is to remove any ambiguities
and possibly allow minor relaxation in the code for various reasons.
Since my arrival in 1987, I've worked with this ordinance with the
business community and have found the ordinance to be too restrictive in
some cases. In other cases, the restrictions did not make common sense in
creating an overall harmonious setting.
Example: The existing ordinance regarding freestanding signs allows a
property owner with 200 feet of street frontage to have 200 square feet
of allowable area but, the maximum square footage of any sign ( excluding
shopping centers) is 100 sq. ft.. So, instead of one sign of 200 sq. ft.,
the property owner must have two signs to obtain the allowable area.
Survey - In order to prepare for a review of this ordinance and the need
to know what signs where nonconforming, staff budgeted monies to conduct
a survey (the cost of film and developing) and completed a sign survey of
all properties involved in the City and taken pictures for the file. The
signs were measured and a report was filled out determining size,
setbacks, height and other aspects to determine whether the sign was in
compliance.
A summary review of all existing signs in relation to the existing code
indicates the following conditions:
There are approximately 147 freestanding signs within the City limits.
Sixty (60) of these signs are currently nonconforming which represent
40 percent of the total number amount of the signs.
Note: These signs are nonconforming due to various reasons such as
setbacks, height, overall square footage and separation requirements.
If this proposed ordinance is adopted, approximately 2/3 of all
nonconforming freestanding signs would not have to be removed due to
the existing sign being in conformance with the new ordinance.
There are approximately 144 building facades that have signs within
the City. Twenty-Six (26) of these building facades are nonconforming
(over the allowable amount) which represent 18 percent of the overall
total number of facades that have signs.
Note: This ordinance does not change the square footage requirements
for facade signs)
Something to think about - No matter what ordinance is adopted, there will
be several signs that will have to be removed pursuant to Section 20A-
15.9(A). In order to comply, some businesses will have to spend several
thousands of dollars but, reduce the amount of signage that they have had
in the past. The city attorney has advised that this section would
withstand a court challenge but, undoubtedly the owners will revolt to
some degree and City Council will probably be asked to amend this section.
Page 3
Many cities allow nonconforming signs to remain with restrictions but,
will not allow the sign to be replace unless it conforms with the current
code.
Sz~ary - This draft is not etched in stone and I will briefly go over
the draft at the workshop. If you have any questions prior to the meeting
or wish to meet with me, please call.
Review the proposed draft.
RECOMMENDED ACTION
ARTICLE rg. SI~N REGULATIONS
Sec. 20A-l~.l. Repeal c~ause.
Article XV, "Sign Regulations" of Chapter 20A hereby repeals
Chapter 22, ,,Sig~s," of the City of Sebastian Code of
Ordinances.
Sec. 20A--15.2. Purpose and intent.
It is the intent of this article to promote and protect the
public health, safety, general welfare, and aesthetics of the
City of Sebastian, Florida, by regulating' and limiting the
existing and proposed posting, display, erection, use and
maintenance of signs, billboards, posters, bulletins and other
advertising structures within the City.
It is further intended to protect property values, create a
more attractive, economic and business climate, :enhance and
protect the physical appearance of the community, preserve the
scenic and natural beauty of the City and provide a more
enjoyable and pleasing community. Also, it is intended hereby
to improve vehicular and pedestrian safety, provide more open
space, curb the deterioration of natural beauty, and reduce
visual pollution.
Sec. 20A-15.3. Definitions.
For the purpose of this article certain terms and words are
defined as follows:
Abandoned sign. A sign is considered abandoned if a business
advertised on that sign is no longer licensed, no longer has
a certificate of occupancy, or is no longer doing business on
that location note~ on the
Add-on sign. Any additional sign that is added to a
previously permitted and/or conforming sign.
Advertising structure. Advertising structure shall mean any
structure installed for advertising purposes, with or without
any advertisement display thereon, situated upon or attached
to real property upon which any poster, bill, printing,
painting, device or other advertisement of any kind whatsoever
may be placed, posted, painted, tacked, nailed or otherwise
fastened, affixed or displayed; provided, however, that said
term shall not include buildings.
Page 2
A-frame sign. A movable sign not secured or attached to the
ground as required by this code.
Animated sign. A sign with physical or light action or motion
or the appearance thereof, including lenticulation, and
including wind actuated elements, rotating, oscillating,
fluttering, flashing, or swinging signs, banners, but
excluding flags allowed.
Background area of sign. The entire background area of a sign
upon which copy could be placed. In computing the area of a
sign background, only that face or faces which can be seen
from any one direction at one time shall be counted.
Banner. Any sign having the characters, letters,
illustrations or ornamentations applied to cloth, paper,
balloons or fabric of any kind with only such material for
foundation. The word ',banner,, shall also include pennant or
any animated, rotating and/or fluttering device, with or
without lettering for design, and manufactured and placed for
the purpose of attracting attention.
Billboard (off-premises sign). Any sign or framework thereof
installed for the purpose of advertising merchandise, services
or entertainment, sold, produced, manufactured or furnished at
a place other than a location of such structure.
Building facade. That portion of any exterior elevation of a
building extending from grade to the top of the parapet wall
or eaves and the entire width of the building elevation.
Building official. The words "building official" shall mean
the director of the Building Department and all inspectors
working under his authority and direction.
Building setback line. The building setback line is that line
established by the zoning code of the city.
Changeable copy sign. A sign which has message characters
that are not permanently attached to the sign, but which are
attached to permit numerous changes of the message at the sign
site without repainting of any part of the sign or removal of
any parts of the sign except the characters to be changed.
City. Unless the context clearly discloses the contrary
intent, "city" shall mean the City of Sebastian, Florida.
Page 3
Construction sign. A temporary signidentifying those engaged
in construction on any building site. This includes the
builder, contractor, developer, architect, engineer, painter,
plumber, or other persons or artisans concerned in said
construction.
Cop~ area of a sign. The actual area of the sign copy applied
to any background. The copy area is computed by straight
lines drawn closest to copy extremities encompassing
individual letters or words.
Development sign. A temporary sign advertising the sale or
rental of structures under construction upon land which is
under development.
Directional sign. Any sign permanent or temporarily installed
on public property by or with approval of the city or any
authorized governmental agency.
Double-faced sign. A sign with two(2) faces which are
parallel to each other and back to back.
Electric sign. See illuminated sign.
Engineer. The term "engineer" shall refer to a person
registered as a professional engineer by the State of Florida.
Entrance sign. An identification structure located at the
main entrance to a city approved subdivision or development.
The only advertising on the structure shall be the name of the
subdivision or development.
Fixed projecting sign. The term "fixed projecting sign" shall
mean any sign projecting at an angle from the outside wall or
walls of any building and rigidly affixed thereto.
Flag. A piece of fabric with a
represents some country, state,
organization or business entity.
color or pattern that
county, city, party,
Flashing sign. Any sign, used for identification,
directional, advertising or promotional purposes, that
includes approved lighting fixtures which flash, blink, cut on
and off intermittently, and are used as exterior signs or
interior signs visible from the public right-of-way.
Page 4
Flat or wall sign. The term "flat or wall sign,' shall mean
any sign erected parallel to the facade or on the outside wall
of any building and supported throughout its length by the
wall of the building.
Freestanding sign.
columns, uprights,
independent of any
structures.
A sign which is supported by one or more
or braces in or upon the ground and
support from all buildings or other
Frontage street facade. That portion of an exterior elevation
of a building extending from grade to the top of the parapet
wall or eaves and the entire width of the building wall
elevation which ~S..visib~le from a stregt, unless said parapet
wall or eaves shall be over thirty (30) feet high in which
case only the first thirty (30) feet shall be considered the ~
frontage street facade for purposes of this article. Only one
street facade shall shall be designated as frontage street
facade.
Ground sign. See Freestanding sign. ·
Home nameplate. A nameplate not more than one square foot in
area indicating only the name of the occupant.
Identification sign. One sign per business location not more
than three (3) square feet in area painted on the wall used to
identify the name of the business located thereon and/or its
principals and address. The top of said sign shall be no more
than eight(8) feet above ground level.
Illuminated sign. A sign in which a source of light is used
in order to make the message readable and shall include
internally and externally lighted signs.
Install.
device.
To erect or apply any kind of sign or advertising
Instructional sign. A sign conveying instructions with
respect to the premises on which it is maintained, such as,
but not limited to, the following orders or commands:
" "or similar phrases.
"Danqer-doq, "Keep Off,
Marquee sign. Any sign attached to the side or front or hung
under a marquee, which sign shall not extend above the top of
a marquee or shall not be mounted upon the top of the marquee.
Marquee shall be known to mean a canopy or covered structure
projecting from and supported by a building, when such canopy
or covered structure extends beyond the building.
Page 5
Message center sign. Any sign that can electronically display
unlimited words, numerals, and/or characters in a programmed
manner.
Multiple-faced sign. A sign with more than two(2) faces.
Nonconforming sign. Any sign which does not comply with the
regulations of this sign ordinance, or subsequent amendments.
Off-premises sign. See Billboard.
On-premises sign. See Point of purchase sign.
Painted sign. Any sign painted on any surface, including the
roof of any building, visible 'from any public right-of-way.
Parapet. That portion of the facade which extends above the
roof line.
Person. The word "person" shall include individuals,
partnerships, associations and corporations.
Point of purchase sign. The term "point of purchase sign,,
shall mean any structure, device, display board, screen,
surface or wall, characters, letters or illustrations placed
thereto, thereon or thereunder by any method or means
whatsoever where the matter displayed is used for advertising
on the premises, a product or service, actually or actively
offered for sale or rent thereon or therein.
Pole sign. See Freestanding sign.
Political sign. Any sign urging the election or defeat of any
candidate seeking any political office, or urging the passage
or defeat of any ballot measure, but does not include any
billboard owned or maintained by a commercial firm or
advertising company.
Premises. A distinct unit or parcel of land including the
appurtenances thereon.
Public property. Ail publicly owned property, including
streets, rights-of-way, easements, and everything affixed
thereto and thereover.
P~lon sign. The term "pylon sign', shall refer to an
advertising structure projecting from the wall and comprising
a framework and display surface, the structural members of
which are an integral part of the building upon which the sign
is installed. Pylon signs may not extend over the roof of any
building.
Page 6
Real estate sign. Any sign installed by the owner or his
agent on a temporary basis, advertising the real property upon
which the sign is located for rent, sale, or lease, but shall
not include rooming house signs.
Revolving sign. See Animated sign.
Roof line. The intersecting lines of a roof formed at the
junction of the roof with the walls of a building.
Roof sign. Any outdoor advertising display sign, installed,
constructed or maintained above the roof line of any building.
Rotating sign. 'See Animated sign.
Sandwich sign. See A-frame sign.
semi-freestanding sign. Any sign which is supported by one or
more uprights or braces in or upon the ground and partially
attached to any building.
Shopping .area. A commercial establishment or a group of
commercial establishments related in its location, size and
types of shops to the trade area which the unit serves.
Sidewalk sign. See A-frame sign.
Sign. The word "sign" shall mean any display of banners and
flags, characters, letters, illustrations or any
ornamentations, or the complete structure on which any such
characters, letters, illustrations or ornamentations are
stated or applied (except buildings to which the same may be
attached); used for identification, directional purposes,
advertising or promotional purposes; provided, however, that
,,sign" shall not be construed so as to include self-contained
fixtures approved by the National Board of Fire Underwriters
or nonelectrical display, wholly contained within a store
building and not visible from any public right-of-way.
Snipe sign. Any sign of any size, made of any material,
including paper, cardboard, wood and metal, when such sign is
nailed, osted, pasted, glued or otherwise attached to
tacked, ' P · · ' s and the
a tree, utility pole, fence_or sl~_.~l~. Oab~]~?c~le to the
advertising matter appearing thereon m~ uuu wu
premises upon which said sign is located. Also includes any
sign installed without permission of the owner of the property
on which the sign is located.
Page 7
Swinging sign. The term "swinging sign', shall mean any sign
that swings freely from or on supports regardless of the guy
wires used in connection therewith.
Time and temperature sign. A message center containing
illuminated numerals flashing alternately to show the time
and/or temperature.
Vee-shaped sign. Any sign that is attached to a building,
other than a flat or wall sign, and which has two (2) faces
which are not parallel.
Vehicular sign. A sign affixed to or painted on a
transportation vehicle or trailer, for the purpose of business
advertising; however, not to include signs affixed to vehicles
or trailers for identification purposes.
Window sign. Any sign installed or maintained in the window
of any building, visible from any public right-of-way.
Sec. 20A-15.4. Sign regulating procedures.
A. Licensing required. No person shall engage in a business
of sign or outdoor advertising or in a business of installing
or maintaining signs within the City, without having first
procured a license for such business in accordance with the
requirements of said City's license ordinance then in force
and effect.
B. Sign contractors bonding/insurance regulations. It shall
be unlawful for any person to engage in the business of sign
or outdoor advertising or in the business of installing or
maintaining signs within the City unless and until such person
shall have filed with the City a bond or certificate of public
liability and property damage insurance policy executed by a
company authorized to do business in the state in a sum
consistent with requirements of the City certification
requirements cited in Section 7-93 of the Sebastian Code of
Ordinances. Such bond or certificate shall indemnify, hold
harmless and save the City and all persons from any damages,
costs, liabilities or expenses of any kind whatsoever which
they might suffer by reason of the construction, installation
and maintenance of signs or the destruction thereof, total or
partial, by any means whatsoever, including acts of God.
C. Permitting procedures:
Permits. It shall be unlawful for any person to
post, display or install any sign or advertising
Page 8
structure or high voltage tube lighting applying to
signs as herein defined in the City without first
having obtained a permit or permits therefor as
hereinafter required except as provided for in
subsection 20A-15.4(C)(8)-
Applications. Applications for permits required by
this article shall be filed by such applicant or
his agent, in the building department upon forms to
be furnished bysaid department. Said applications
shall contain or have attached thereto the
following information:
(a) Name, address and telephone number of the sign
erector and the sign owner.
(b) written statement signed by landowner, or a
lease or rental agreement, authorizing the
placement of the proposed sign.
(c) Location of building (or structure) and lot to
which or upon which the sign is to be placed
or maintained.
(d) Purpose of sign.
(eI Estimated value of sign.
(f Position of the sign in relation to lot lines,
nearby buildings or structures, sidewalks,
streets and intersections-
(g) Type of sign and general description of
structural design and construction materials
to be used.
(h) Three (3) copies of detailed scale drawings of
the plans which shall contain specifications
concerning structural details of the method of
sign construction, installation, and anchoring
to the building or ground. The specifications
shall show height, perimeter and area
dimensions, elevations, means of support,
method illumination and any other significant
aspect of the proposed sign.
(i) A statement indicating whether or not an
electrical permit is required for said sign
any support data required for the same.
find.and
(j) A layout with sign colors shown or spec%
(k) Any other information required by the building
department in order to carry out the purpose
and intent of this article.
(1) The following signs shall be designed by an
engineer, who shall submit to the building
o~ficial complete plans and calculations so as
to determine whether the sign complies with
the city's code:
Page 9
iii.
Projecting signs over twenty-four (24)
square feet in area.
Billboards, freestanding signs (pole or
ground signs over forty (40) square feet
in area.
All signs with unusual structural
features.
Issuance. Provided all of the provisions of this
article shall have been complied with, and the sign
or advertising structure will not violate any of
the terms, conditions or provisions of this
ordinance, or of any other law or ordinance, the
building official shall issue a permit for each sign
or advertising structure, retaining a copy thereof
and a copy of plans of said advertising structure
for his records. Said copy of plans or records
shall be retained by the building official for at
least five (5) years. Permits shall be numbered in
the order of their issuance and shall disclose:
Kind and size in square feet, and the height
and width of the sign, advertising structure
and any high voltage tube lighting authorized
by said permit.
The street address of the property on which
the sign, advertising structure or high
voltage tube lighting is permitted to be
located and name of the owner or lessee of
said property.
The location upon the property where the sign,
advertising structure or high voltage tube
lighting is permitted.
The name of the person, firm corporation or
association installing structure.
The estimated value of the sign.
The amount of the fee paid for such permit.
The date of issuance.
Inspections. The contractor or owner securing the
permit for any sign shall call the inspection
office and request an inspection whenever any sign
is being installed, and before any concrete is
poured; a final inspection shall be requested upon
completion. At the time of a request for final
inspection, a photograph of the completed sign
shall be taken by the inspector (MinimLtm 2 1/5" x 2
1/4", maximum 3" x 5" for filing purposes).
Page 10
Revocations. The building official may revoke a
permit or approval, issued under the provisions of
this code, if it is found that there has been any
false statement, concealment or misrepresentation
as to any material fact in the application or plans
on which the permit or approval was based.
Labels. Every outdoor advertising display sign
hereafter installed, constructed or maintained, for
which a permit is required, shall be plainly marked
with the name of the person, firm or corporation
installing and maintaining such sign and shall have
affixed thereon the number of the permit issued for
said sign by the .Building Official. The said label
shall be visible from ground level.
Fees. Permit fees for signs regulated by this
article shall be as determined by resolution of the
city council. Said fee shall be in addition to any
license, tax or fee now or hereafter levied and
assessed by the city. No fee s'hall be prorated to
accommodate short term publicity features.
Signs exempted from permitting. The following
types of signs do not require a permit provided
the sign shall: (1) comply with section 20A-15.5,
"Prohibitions and exceptions"; (2) comply with the
applicable requirements in the zoning district
where placed; (3) comply with other provisions in
this subsection; and (4) be consistent with the ~
spirit, intent and purpose of this article:
Identification signs.
Directional signs.
Home nameplate and identification of securit~
messages. A nameplate not more than one
square foot in area indicating only the name
of the occupant. Also, in residential areas
signs not exceeding one square foot in area
that are customarily associated with
residential use and that are not of a
commercial nature, such as signs giving
property identification names or numbers or
names of occupants, signs on mailboxes or
paper tubes, and signs posted on private
property relating to private parking or warning
the public against trespassing or danger from
animals.
Page 11
Public signs. Signs erected by or on behalf
of or pursuant to the authorization of a
governmental body, including legal notices,
identification information signs, and traffic,
directional or regulatory signs.
Flags, noncommercial. Flags, pennants or
insignias of any governmental or nonprofit
organization when not displayed in connection
with a commercial promotion or as an
advertising device.
Decorative art, noncommercial. Integral
decorative or architectural features of
buildings or works of art, so long as such
features or works do not contain letters,
trademarks, moving parts or lights.
Real estate signs. Subject to the provisions
of subsection 20A-15.6(A).
Political signs. Subject to the provisions of
subsection 20A-15.6(B).
Construction signs. Subject to the provisions
of subsection 20A-15.6(C).
Window signs. Subject to the provisions of
subsection 20A-15.6(D).
Holida~ signs. Subject to the provisions of
subsection 20A-15.6(E).
Sec. 20A-15.5. Prohibitions and exceptions.
From and after the effective date of this ordinance it
shall be unlawful for any person to erect or use within the
city:
a.
b.
C.
Any swinging sign.
Any snipe sign.
Any banner, excepting approved special event signs
pursuant to section 20A-15.6.
Page 12
de
Any sign erected, located or maintained so as to
prevent free ingress to or egress from any door,
window or fire escape.
Any sign attached to a standpipe or fire escape.
Any sign or other advertising structure which by
reason of its position, shape or color interferes,
obstructs or may be confused with any authorized
traffic control device or emergency vehicle signal.
Any si=n or other advert~L~q .structur~ portable
or fixed, other tha~ directional .... or civic
oraanization si~uns e~9~ted under th~_.direction of
authorized city, co~/l~yj or state officials, t~at
is placed or erected on or over a public riGht-of-
way, sidewalk, street, or curb.
AD~ sign attached to or placed on a vehicle
(including trailer), that is parked on private
property, excepting small for sale signs and the
identification of a firm or its principal products
on a vehicle operating during the normal course of
business or identification on a vehicle when it is
parked temporarily at a location other than the
site where the business is located, provided that
such parking of a vehicle takes place subject to
the following conditions:
(2)
The duration of parking shall not exceed,
except on weekends or nationally recognized
holidays, a period of sixteen (16) hours.
The vehicle shall be parked within the
confines of a building or in some other manner
which provides for effective screening so as
not to allow the signs on the vehicle to be
viewed from any public street.
Any other type or kind of sign which does not
comply with the terms, conditions and provisions
uontained in this article and ordinances mandatory
hereto and supplemental hereto.
Unauthorized sign on city property.
Any sidewalk, A-frame or sandwich sign.
Page 13
Any animated sign, except message center signs,
time, temperature, and barber signs with a complete
time and/or temperature sequence span of four (4)
to eight (8) seconds.
Any add-on signs unless they shall have been issued
a permit in conformance with the sign code.
Sec. 20A-15.6. Temporary signs.
All temporary signs not listed in subsections 20A-15.6(A)
through20A-15.6(G) and also not complying with all applicable
criteria of this section shall be treated in all respects as
permanent signs, except that such temporary signs shall not be
included in calculating the total amount of permitted sign
area. No temporary signs shall be illuminated except for
holiday signs, or special event signs approved by the City
Council. All temporary signs shall be located on private
property outside of public easement except as specified
hereinbelow:
i A. 1. Real estate signs. Real estate signs that are
not illuminated shall be permitted 0nly for
the purpose of advertising the land or
building for rent or for sale and shall relate
only to the premises upon which the sign is
located except as for "off-premise open house
signs: in subparagraph (A)(2), below. Only
one sign, double-faced or single-faced and
visible from one street front shall be
permitted on each parcel of land located in
any district provided that such signs do not
exceed an area of six (6) square feet in a.
residential area and sixteen (16) feet in
nonresidential districts. Said signs may
include "Open House," "Open For Inspection,"
"Open" and other similar signs.
Of[-premlses open house signs. Each residence
that is open for inspection for sale or lease
may have the seller or the agent install off-
premises open house signs to direct persons to
the open house, subject to the following:
(z)
The sign shall not exceed four (4) square
feet in sign area, shall be located at
least five (5) feet from the adjacent
road, and shall not exceed a height of
three (3) feet above the crown of the
road.
Page 14
(2) The message shall be limited to "open
House," "open For Inspection,,, or
substantially similar phrase, and the
name of the owner of the sign.
(3) Each sign shall be made of metal,
plastic, wood, or other weather resistent
material. Paper or cardboard signs are
prohibited.
(4) Each sign shall not be put in place off-
premise before 9:00 a.m. and shall be
removed each day not later than 8:00 p.m.
Any such sign in violation of these
restrictions may be summarily removed by
the city.
Political signs in non-residential districts.
[~enera11~] Political signs shall not be
posted on or over any public property, as
defined in section 20A-15.3.
Political signs in residential districts.
Political signs in residential districts are
allowed subject to the following provisions:
(a) No sign shall exceed sixteen (16) square
(b)
(c)
(d)
feet;
No sig~. shall be illuminated; ·
Each sign shall be freestanding;
Each~ sign shall'.be located wholly on
private property, placed there only with
the consent of the property owner;
(e) Each sign shall be placed at least five
(5) feet from all rights-of-way and
sidewalks;
(f) No sign shall exceed five (5) feet in
height;
(g) No sign shall be placed on or attached to
any.tree or utility post.
Political signs in residential districts.
Political signs in residential districts are
allowed subject to the following provisions:
(a) No sign shall exceed twenty (20) square
feet;
(b) No sign shall be illuminated;
(c) Each sign shall be freestanding;
(d) Each sign shall be located wholly on
private property, placed there only with
the consent of the property owner;
Page 15
(e) Each sign shall be placed at least five
(5) feet from all rights-of-way and
sidewalks;
(f) No sign shall exceed ten (10) feet in
height;
(g) No sign shall be placed on or attached to
any tree or utility post.
Posting time limits. It shall be unlawful for
any person to post a political sign more than
thirty (30) days prior to the election in
which the candidate's name or the issue will
appear, and it shall be unlawful to fail
to remove a political sign within five (5)
days after the election in which the candidate
is eliminated or elected or the issue is
approved or disapproved.
Removal bond. Prior to the placement of a
political sign or signs, a bond or cash
payment of twenty-five dollars ($25.00) shall
be posted with the city. The security may be
forfeited in whole or in part for any of the
following:
(a) Failure to remove all signs within the
applicable five-day period for removal;
(b) Placement of signs upon public property
or upon any tree, utility pole, or
similar object;
(c) Placement of signs upon private property
without the express consent of the
property owner;
(d) Authorizing placement of a sign or
allowing a sign to remain in violation of
this section for more than two (2) days
after notification of the violationbythe
building official or his designee.
Prima facie evidence. Political signs placed
in violation of this section which advertise a
particular candidate or ballot measure shall
be prima facie evidence of the placement or
authorization of the placement of the sign by
the candidate or the president of the
committee supporting or opposing the ballot
measure, as applicable.
Page 16
De
Removal of illegal signs. The building
official shall order the immediate removal of
any political sign found posted within the
city in violation of this section. If the
sign is not removed within two (2) days, the
building official or his authorized agents
shall remove the political sign.
Reimbursement for removal expense. The
candidate or the president of the committee
supporting or opposing the ballot measure, as
applicable, shall reimburse the city for any
and all expenses of removal incurred by the
city over and above any bond or cash deposit
coverage.
Violations. Any violation of the provisions
of this paragraph shall be .subject to
punishment by a fine not to exceed five
hundred dollars ($500.00), or by imprisonment
in the county jail not to exceed sixty (60)
days, or by both such fine and imprisonment.
Construction signs. Construction signs shal~ be
pgr~_~!tted~only while constructio~ is actually in
Dro~ress and shall be removg~ within fifteen (15)
days followi~q the issuance of .a._.~ertificate of
OCCUDanC~ comDletio~ or abandonment L..Qf work.
whichever occurs firs. t. Such si=ns shall
Dot excee~ an area or_sixteen 1.16~ sauare feet.
Each siqn shall__be at leas~ twenty l~Q) feet-~r°m
conti~uo~$ proDert~ lines of a~4acent land owners_
and at least.__¢5) feet from any ri.ght-of-way.~ No
permit shall be re~uire~._.for such temporary
gonstrUCtion siq~. Howevg.r, no such S.~n shall be
erected..Drior to.~be issuanG9 of a buil~ina permit.
Window signs. For each facade, such signs,
collectively, may not cover more than fifty (50)
percent of the total surface area of the
transparent portion of all window(s) and door(s),
Si~ns,,,.attached~ermane~tlv to the interior of a
buildin~ window or ~lass door shall be required to
obtain,,,,a per~..,~t and ~e area sa~ si=n shall be
cou~ a~ainst the.allowable si~aoe permitted in
sect~gD 20A--15.A C 2 ...... In no case shall any window
si=ntemDorar~.._, or permanent shall 3iolate Section
~,0-77 ,(,?,) of the.,,C~ty C0d~,,,gf ordinan~ re~arding
a,~,glear ~d unobstructed exterior view_Q~ the cash
re~ister a~ tr~n~oction ~r~a for conve, D~ence
stores.
Page 17
F®
Holiday signs. Displays, including lighting,
erected in connection with the observance of
holidays. Such signs shall be removed within
thirty f303 days following the holidays.
Public, charitable, education, religious, short
term special sales promotion, or special event
signs. Temporary signs announcing any public,
charitable, education, religious or other special
event or function may be installed subject to
compliance with the following conditions:
Timing of placement and removal. Such signs
shall be placed not more than fourteen (14)
days prior to the event and must be removed
not later than twenty-four (24) hours after
termination of the event. A maximum of 3
separate occasions or special event may be
permitted within any 365 day Period.
Exception: Any new business or re~ocation of
an existing business within the City of
Sebastian shall be allowed grand oDenin~ ~i~ns
not to exceg~.....~.0..~aY.S~. These signs shall not
count as a sDecial event si~n as described
above.
Character of signs. Such signs ~hall not
exceed the followinc~ requirements:
Properties with less than 100 foot of
frontaqe shall be permitted a total of 32
square feet of siqn area.
Properties of more than 100 foot of
..... frontaqe shall be permitted a tota~ oS 64
sauare feet of sign area.
No individua~si~D shall exceed 32 square
feet.
Banners are permitted to be utilized as a
temporary promotional siqn.
Page 18
3. Waiver from requirement of subsection. The
building official shall advise any applicant
desiring relief from the requirements of this
subsection 20A-15.6(F) of his right to
approach the city council to request a waiver
of such requirements. A waiver by city
council may be obtained only after
introduction of the matter on an agenda, of a
city council meeting.
A~t~ve' subd,~sion' siqns. ,, On-premises.
Subdivision .... signs may be ~rected sublec2: to
Co~_!iance with the follow~n~ ~ndi~ions~in
add~on to 0~he=i~a~licable ~ovxsxons of
~ecti°~. ~hese siqn~,re not sub3ect to subsecti~n
20AwlS~t&~:
1. Elxgib~e sites. Such sign may be placed only
on property consisting of land duly platted
and within the platted boundaries of said
property. .
2. Character of_ s~gn. Such signs shall not
exceed thirty two (32) square feet. Such sign
must be located on the premised of the
development subdivision, _at least five (5)
feet from all rights-of way, and at least
twenty (20) feet from contiguous property
lines of adjacent landowners. These signs can
b~ illuminated.
3. Txme of removal. Each active subdivision sign
erected must be removed after a period of
fourteen (14) days after the last unit or lot
in the subdivision is sold, leased or rented:
_
a. Filing of plat. Prior to the erection of
such a sign, a ~ plat of the
subdivision shall be placed on file in
the office of the city clerk.
b. Persons permitted. Only the exclusive
agent of the developer or owner of the
property shall be authorized to place
his sign ~n the property. The property
owner's s~gned authorization consenting
to the placement of a sign representing
an exclusive real estate agent on his
premises shall be filed in the office of
the city clerk prior to the placement of
the agent's sign.
Page 19
Other temporar~ signs. The following criteria
shall serve to define other temporary signs not
identified in the foregoing categories. Other
temporary signs must comply with each of the
following criteria:
Not more than one such temporary sign may be
located on any lot;
No such temporary sign may exceed four (4)
square feet in surface area; and
Such temporary sign may not be displayed for
longer than three (3) consecutive days nor
more than ten (10) days out of any three
hundred sixty-five-day period.
Sec. 20A-iS.7. ~eneral sign requirements.
A. Rules for interpreting sign calculations:
Determining the number of signs. For the
purpose of determining the number of signs, a
sign shall be considered to be a single
display surface or display device containing
elements organized, related, and composed to
form a unit.
Computation of sign area. The surface area of
a sign shall be computed by including the
entire area within a single, continuous,
rectilinear perimeter of not more than eight
(8) straight lines, or a circle or an ellipse,
enclosing the extreme limits of the writing,
representation, emblem or other display,
together with any material or color forming an
integral part of the background of the display
or used to differentiate the sign from the
backdrop or structure against which it is
placed, but not including any supporting
framework or bracing that is clearly incidental
to the display itself.
Multi-sided sians, with respect to three-
dimensional or multi-sided signs, the
surface area shall be ..... ~mputed
including, the..~ot~ of all sides designed
either to attract attention
c~mmunicate information.
Page 20
~ceDtion: 1. Any double fac~ sion
(back to.._b_ack and Darallel to each other)
provided .S.~d ~ace o~ each sign are not
separate.~.uby more than 1 foot.
Excep~ign: 2. A vee-shaped si~wh£ch
are Dpt parallel and the anale between
said.~aces do not~ex.~ 45 degrees.
Total sign surface area. Unless otherwise
provided in this article, the total surface
area devoted to all signs on any lot shall not
exceed the limitations set forth in section
20A-15.8, and all signs except temporary signs
shall be included in this calculation.
Construction standards. Ail signs shall comply
with all applicable standards of the city's
building code, fire code, health code, electrical
code, development code, and all other applicable
codes:
Win4 1ca4. Every sign shall be designed and
constructed to withstand a wind pressure of
not less than fifty (50) pounds per square
foot. The increase in stresses for short term
loading shall not be applied to cantilevered
projections, or where vibration or fluttering
action can be anticipated.
Plastic material. Letters, decorations and
facings of signs constructed of noncombustible
materials may be made of plastic approved by
Fire Underwriters. for the proposed use.
Plastic used in s~gns shall be designed in
accordance with the Plexiglas Handbook for
Sign Shops, Bulletin No. PL-669, published by
Rohm and Hass co. of Philadelphia, Pa., dated
March, 1965, together with all current
The
Maintenance. Ail signs within the city limits
including all supports, braces, guys and anchors
shall be kept in good repair. The building
official may order the removal by and at the
expense of the owner or lessee of any sign that is
not properly maintained.
revisions, amendments and supplements.
design load on plastic face shall be fifty
(50) pounds per square foot.
Page 21
Signs not to constitute a traffic hazard. No sign
shall be placed at any location in the city where
it may interfere with or obstruct the view of any
motorist, or be confused with any authorized
traffic sign, signal or device. The city council
shall have the authority to refuse the erection, or
to order the removal by the building official, if
any signs constituting an obstruction to motorists
or pedestrians or otherwise are viewed to be
impediments to traffic safety or traffic flow.
Signs not to encroach electric utility clear zone.
No sign shall be placed closer than eight (8) feet
from the nearest part of any utility pole which
supports electrical transmission lines (see (A)of
diagram below). No sign shall be placed closer
than eight (8) feet from the nearest part of any
electric transmission line (See (B) of diagram
below). If the NatiQDal...Electrical Code i~...DQw or
hereafter m~re restrictive tha~ the provis.iDns of
thi.s subseg.tion, th~ mo~t re$~r$ctiye provisions
shall prevail
F. Illuminated signs:
1. Shielded light source. The light from any
illuminated sign, or from any light source,
shall be shaded, shielded or directed so that
the light intensity or brightness shall
neither adversely affect the surrounding
premises nor impede safe vision of operators
of vehicles moving on streets or parking
areas.
I 2. Exposed lighting restrictions. No signs
except message center signs and time and
temperature signs shall have exposed
fluorescent lighting, exposed neon,
fluorescent paint, or be phosphorescent. Ail
unexposed neon shall be approved by any
testing laboratory acceptable to the city.
similarly, illuminated tubing or strings of
lights that outline property lines, sales
I or similar areas are prohibited,
areas,
except:
1023
Page 22
a. holida.y observance, signs
..Any expq.sed .neoD siQ~.s or liqhting
totally within aD. enclosg~ building. Ai~
~osed or unexposed .si~Ds ..$hal~.. be
counted .... a~ainst, th9 a$1owable sicrnaq.0
per~itted in Section 20AT15,.A C 2~
Light source. No sign shall have a light
source which exceeds the following criteria
for light intensity:
Brightness and Intensit~ for Criteria
Light Source Shall Not Exceed In:
Light
Source
Exposed Bulbs
Residential
or Residential
Portions of PUD
Districts
COR, PS and CL, CG,
Commercial MCR, GMC,
Portions of IN, and AI
PUD Districts Districts
10 watts 15 watts 15 watts
Luminous 90 ft lamberts 150 ft lamberts 20 ft
lamberts
Illuminated 50 footcandles 50 footcandles 75
footcandles
4. Restriction on flashing signs. No flashing
sign shall be permitted except time and
i temperature signs, center
message
signs,
public signs, and holiday observance signs.
Height of and distance separating signs. No part
of any sign affixed to a building shall exceed the
height of the building to which the sign is
affixed. The height of the building shall be
measured exclusive of elevator shafts and/or air
conditioning condensing units and/or cooling
towers. Any sign projecting over private property
and located above motor vehicle use or storage
areas, shall be erected and maintained at a height
not to be less than fourteen (14) feet. The height
of ~reestanding signs is controlled for respective
zoning districts in sections 20A-15.7 and 20A-15.8.
Distance requirements in this article shall be
measured from the nearest part of any sign (or its
structure) to the nearest point of the closest
applicable setback line, property line, roof line,
or other applicable restricting line of point of
separation (including distance between signs) or
height limitation.
Page 23
H. Appearance of signs:
Shape, color, lettering, location and
arrangement of signs shall not be clearly
disharmonious with the building design and
surrounding landscape.
Every sign shall have good scale and good
proportion in its design and in its visual
relationship to buildings, surroundings, and
other signs.
Colors shall be used harmoniously. Lighting
shall be harmonious with the design. If
external spot or flood lighting is used, it
shall be arranged so that the light source is
shielded from view.
No sign installed in the city on the effective
date of this section shall become
nonconforming based solely on this subsection
20A-15.7(H), ,,Appearance os sign. s," subject to
subsection 20A-15.9(B)(4) here~n.
Sec. 20A-15.8. Sign regulations for zoning districts.
A. Signs in residential districts. In the RE-40, RS-
20, RS-15, RS-10, RM-8, RM-12, R-MH, and
residential portions of Planned Unit Development
districts, signs shall not be located nearer the
street than five (5) feet from the building setback
line· The following signs are permitted in the
above named districts subject to compliance with
the provisions of this article:
Single-family residences and duplexes. No
signs other than home nameplates and
instru.ctional sims not exceeding two s..~uare
~get shall be permitted for single-family
homes and duplexes. These signs do not
require permits.
Multiple-family structures of ten units or
less. A premises containing ten (10) or less
dwelling or rooming units may install a single
sign per street frontage indicating the name
and/or address of the premises, provided the
sign has a maximum area not exceeding ten (10)
Page 24
square feet, and shall not be higher than six
unless the sign is mounted flush against the
wall of the building. These signs require
permits.
Multiple-family structures of more than ten
units or approved nonresidential uses in
residential districts. A premises containing
more than ten (10) dwelling units of rooming
units or approved non-residential use may
install a single sign per street frontage,
indicating only the name and/or address of the
premises. The sign shall have a maximum area
not exceeding twenty (20) square feet and
shall not be higher than ten (10) feet above
the crown of the nearest road unless the sign
is mounted flush against the wall of the
building. These signs require permits.
Reliaious symbols may...be erected a~d...exceed
the above reference.., requirements s~bject to
the ~pproval 05 $he Planning & ZoniD~
Commission. The PlsDninq &...Z.oninq QommissiQD
shall review these tyDes of 'signs to dg~ermine
comR.l.iance pursuaDt to Sect£oD 20A-10.2.B.
Subdivision entrance signs. One on-premises
sign not exceeding thirty-two (64) square feet
in area may be erected at each principal
entranceway to a residential subdivision.
However, only one such sign shall be permitted
for each common street serving a subdivision.
Such sign must be located wholly within the
property line of the subdivision which the
sign identifies ~Dd shall ~ be located
within ~DY. right-of-wa~. These signs require
permits.
Instructional signs. In multiple-family
districts .only on-premises instruction signs
having an area not exceeding four (4) square
feet are permitted, provided such signs, if
freestanding, shall be located a minimum of
five (5) feet within all property lines and
shall not exceed five (5) feet in height. In
single-family residential districts such on-
premises instructional signs may be placed
only on premises developed for nonresidential
uses approved by the planning and zoning
commission.
Page 25
B.
Ce
Signs in the PS, Public Service District. In the
PS zoning district one sign shall be permitted per
street frontage or per each three hundred (300)
feet of street frontage, whichever is greater.
Furthermore, where two (2) or more freestanding
signs are placed along a single street frontage,
such signs shall be separated by a minimum distance
of one hundred (100) feet measured along the center
line of the road. The cumulative area of all such
signs shall not exceed one eighth square foot per
one foot of property frontage; however, the maximum
area of any single sign shall not exceed forty-
eight (48) square feet. Ail freestandina si=ns
shall be located at a minimum of 10 feet ~rom the
front ~ropert~v line and 20 feet from any other
z_o~on property line, and shall not be hia~er than
10 feet above t~he crown of the nearest road unless
mounted fl~sh a~aainst the buildina. These signs
require permits.
Scoreboards inside ballparks or recreational ball
fields are exempt from the provisions of this
subsection. Signs not exceeding thirty-two (32)
square feet in area comprising the fence of a
ballpark or affixed flat against the fence of a
ballpark and all of_which are not visible from any
Ddjacent Droper~y or public riaht-of-wav are
pel-mitted. These signs do not require permits.
In the PS district, instructional signs having an
area not exceeding four (4) square feet are
permitted, provided such signs, if freestanding,
shall be located a minimum of five (5) feet within
all property lines and shall not exceed five (5)
feet in height. Such signs require permits.
Rel£~iou~..~mbols may be erected and exceed the
above ...... rgference re=uirements subject to ~he
aDDroval..D~_...~he Plannina & Zonin~ Commission. The
~.l_a~nin~ & Zoninc Commission shall re~iew these
~_~ypes of signs to determine compliance pursuant to
.Section .~Q~T10.2.B.
20A-15.8 (C) sign regulations for nonresidential
zoning districts (excepting the PS district). The
number and size of point of purchase signs in the
COR, CL, ~, CG, MCR, GMC, IN and nonresidential
portions of the Planned Unit Developments shall be
governed by the percentages and limitations imposed
herein, excluding temporary or instructional signs,
Page 26
which may be in addition to said percentages and
limitations imposed herein, excluding temporary or
instructional signs, which may be in addition to
said percentages under the conditions contained
herein.
1. Freestanding Signs.
a. CoDy Ar_ea Permitted
Front jfoo~.aae.~ T~ere,..sh~ll .be an
allo~able~amo~nt O~ cumulative copy
area.., for all front, freestand%n~
signs of one sauare fOOt ~or each
lineal ~oot..of Property frontaqe.
Owner shall, de. glare ong. s~reet as
his fro~tag,e st.reet.
ii.
FDotage nqt adjacent to residential
proR~rt¥. . ..... Thgre sha~l be ,~n
allowab.~e .~mount of. coDv area for
~reesSand~nq signs, alon~ all other
public r~qh~s-o~-wa¥ calcul~ted..on
the bas.~s of Q~e-ha.~f sGuare foot
for ~ch lineal foot Qf property
alon~..said Dub. lic Eiqhtsrof,way.
iii. Adjacent to resideDtiak~.proper~..igs'
except C. OR z.onin, g dis. tric.t. There
shall be aD a~.lowable amount of
cumu !.at ive coD~ area . for
freestand~n~ .. signs a~ong .. pub. lic
ri g.ht S..,o f-wa~ a_d ~ ac ent . tO
_r.esidential~y zone. d ( excep,t CORI
property calculated on the basi.s~of
one-~uarter s~uare foot for eac~
......... line~.l foot o.f Property along .said
~ublic ri~hts-Q f-wa.y.
iv.
~ freestandin~ .si~n may be
support, ed bY po~es or columDs aD.d
said supporting members., ma~ haye
decorative ..cove~s Qr .moldin~
provided._ the surface _area ~.(sin.Gle
two-dimensional side) of said cover
shall.not excged the s~rface, are~ of
the two-dimen~ional, sid$ of the sign
above the cover.
Page 27
No freestandinQ sicm shal! exceg..d
3Q9 ....square ~eet. ........ iD area unless
aDDroved by the Planni_n.q & Zonin~
Commission, The Planni=~q_.& Zonin~
CoJ~3ission shall revie~.$iqns over
300 sauare feet in area to det_~rmi.ne
compliance pursuant to Section 20A-
~o.2(~).
vi.
Ail freestandina si~=ns shall display
their buildina number on sUCh si~D
pursuant to Section 20A-5.46(e)(6).
vii. Reliaious symbols may be erected and
exceed the above
requirements s~b~ect tQ~Lhe approval
of~e Planning ~ Zoning Commission.
The Plannin~ & Zonina Commission
shall review these types Qf signs tO
de~termine compliance pursu~3~ to
s~ct£on 20A-10.2.B.
Instructional s~ans~ m
Instructional signs shall be exempt from
the limitation on total sign area allowed
business and the requirement of ~ive []
per
(53 foot of setback from any common
property line. However, an instructional
sign shall not be more than three and m
one-half (3 1/2 feet in height nor total
m
more than five (5) square feet in area.
·
Height regulation. The height of m
freestanding signs shall not exceed
twenty (20) feet placed within the
mimimum setback. For every three (3) ·
feet the sign placement exceeds the
minimum setback, the height of the sign
may be increased one additional foot to a
maximum height of twenty-five (25) feet,
except in large shopping centers as
stated in paragraph e. below.
Height regulations ~or certain shopping
area signs. A freestanding point-of-
purchase sign not exceeding thirty-two
(32) feet in height may be erected in a
shopping area with a gross leasable area
Page 28
of thirty thousand (30,000) square feet
or more. 0nly one point of purchase sign
thirty-two (32) feet in height per
shopping area will be permitted.
Distance separating signs. There shall
be a minimum of forty-eight (48). feet
between freestanding signs located on the
same property.
Separation from proper~y lines. No
freestanding signs shall be permitted
within ~ feet of any common
property line except instructional signs
which shall be as provided herein.
g. Maintenance responsibilities. Any person
or firm occupying any vacant lot or
premised by means of a freestanding sign
shall be subject to the same duties and
responsiblities as the owner of the lot
or premises, with respect to keeping the
same clean, sanitary, inoffensive, free
and clear of all obnoxious substances and
unsightly conditions on the ground in the
vicinity of such freestanding sign or
I said premises for which be
they
may
responsible.
Signs attached to buildings:
Applicability. Signs attached to
building facades ahall include wall,
flat, painted, vee-shaped and marquee
signs. However, roof signs are
prohibited.
b. Copy area:
For wall signs on frontage street
facade. There shall be an allowable
amount of sign area for signs
attached to the frontage street
facade of a building not in excess
of that percentage shown on Table 1,
included as part of this section.
In calculating the area of a
building facade no additional credit
shall be given for the surface of
Page 29
ii.
any canopy or awning. The
calculation for the allowable facade
credit shall always be calculated on
a flat, two-dimensional plane and
shall not include that part of any
parapet, marquee, pylon or other
surface which extends above the roof
line. A mansard roof shall be
classified as a parapet wall. If
the lower edge of a slanted roof
other than a mansard roof extends
below the top of the supporting
wall, the allowable facade shall be
the area of the wall minus the area
covered by the roof.
For signs on facades other than
frontage street facade. There shall
be an allowable amount of sign area
for signs attached to facades other
than the frontage street facade not
in excess of fifty (50) percent of
that percentage indicated in Table
1, included as part of this section.
However, when said facade faces
residentially zoned property, the
allowable amount of sign shall not
exceed twenty-five (25) percent of
the area allowed as shown on said
Street Facade sign Area Table.
TABLE 1: STREET FACADE SIGN A~EA TABLE
Area of Building
Frontage Wall
(in Square Feet)
0
100
200
300
400
500
600
700
800
900
1,000
1,200
1,300
1,400
1,500
Percentage of Front
Wall Allowed
For Signs
12.00
11.95
11.85
11.80
11.70
11.65
11.60
11.50
11.45
11.35
11.30
11.20
11.125
11.075
11.00
Sign Area
Allowed
(in Square Feet)
0
11.95
23.70
35.40
46.80
58.25
69.60
80.50
91.60
102.15
113.00
134.40
144.62
155.05
165.00
Page 30
Area of Building
Frontage Wall
(in Square Feet)
1,600
1,700
1,800
1,900
2,000
2,100
2,200
2,300
2,400
2,500
2,600
2,700
2,800
2,900
3,000
3,100
3,200
3,300
3,400
3,500
3,600
3,700
3,800
3,900
4,000
4,100
4,200
4,300
4,400
4,500
4,600
4,700
4,800
4,900
5,000
5,100
5,200
5,300
5,400
5,500
5,600
5,700
5,800
5,900
6,000
6,100
6,200
6,300
6,400
Percentage
Wall Allowed
For Signs
10. 925
10.875
10.80
10.75
10.70
10.625
10.55
10.50
10.45
10.4O
10.325
10.25
10.20
10.15
10.10
10.00
9.975
9.95
9.9
9.85
9.80
9.75
9.70
9.65
9.60
9.525
9.475
9.425
9.375
9.325
9.275
9.225
9.20
9.175
9. 125
9.0O
8.975
8.925
8.875
8.825
8.80
8.75
8.70
8.65
8.6
8.575
8.525
8.5
8.45
Front
Sign Area
Allowed
(in Square Feet)
174.80
184.875
194.40
204.25
214.00
223.125
232.10
241.50
250.80
260.00
267.45
276.75
285.60
294.35
303
310
319.20
328.35
336.6
344.75
352.8
360.75
868.6
376.35
384
390.525
397.95
405.275
412.50
419.25
426.65
433.575
441.6
449.575
456.25
459
466.70
473.025
479.25
485.375
492.8
498.75
504.6
511.35
516
523.075
528.55
535.5
540.8
Page 31
Area of Building
Frontage Wall
(in Square Feet)
6,500
6,600
6,700
6,800
6,900
7,000
7,100
7,200
7,300
7,400
7,500
7,600
7,700
7,800
7,900
8,000
8,100
8,200
8,300
8,400
8,500
8,600
8,700
8,800
8,900
9,000
9,100
9,200
9,300
9,400
9,500
9,600
9,700
9,800
9,900
10,000
10,100
10,200
10,300
10,400
10,500
10,600
10,700
10,800
10,900
11,000
11,100
11,200
Percentage of
Wall Allowed
For Signs
8.4
8.35
8.3
8.25
8.2
8. 175
8.125
8.1
8.05
8.00
7.975
7.975
7.90
7.85
7.825
7.80
7.775
7.725
7.70
7.675
7.65
7.625
7.6
7.55
7.5
7.475
7.45
7.425
7.40
7.375
7.35
7.325
7.30
7.25
7.225
7.20
7.175
7.125
7.10
7.075
7.05
7.025
7.0
6.975
6.95
6.925
6.90
6.875
Front
Sign Area
Allowed
(in Square Feet)
546
551.1
555.1
561
565.8
572.25
576.875
583.2
587.65
592
598.125
602.30
608.3
612.3
618.175
624
629.775
633.45
639.1
644.7
650.25
655.75
661.2
664.4
667.5
672.75
677.95
683.1
688.2
693.25
698.25
702.2
708.1
710.5
715.275
720
724.675
726.75
731.3
735.8
740.25
744.65
749
753.3
757.55
761.75
765.9
770
Page 32
Area of Building
Frontage Wall
(in Square Feet)
11,300
11,400
11,500
11,600
11,700
11,800
11,900
12,000
12,100
12,200
12,300
12,400
12,500
12,600
12,700
12,800
12,900
13,000
13,100
13,200
13,300
13,400
13,500
13,600
13,700
13,800
13,900
14,000
14,100
14,200
14,300
14,400
14,500
14,600
14,700
14,800
14,900
15,000
15,100
15,200
15,300
15~400
15,500
15,600
15,700
15,800
15,900
16,000
Percentage of
wall Allowed
For Signs
6.85
6.825
6.8O
6.775
6.75
6.725
6.70
6.675
6.65
6.625
6.595
6.585
6.575
6.565
6.55
6.50
6.475
6.45
6.425
6.40
6.395
6.375
6.355
6.335
6.315
6.30
6.285
6.265
6.245
6.225
6.20
6.185
6.165
6.145
6.125
6.10
6.090
6.075
6.06
6.045
6.030
6.015
6.00
6.995
5.980
5.965
5.950
5.935
Front
(in
Sign Area
Allowed
Square Feet)
774.05
778.05
782
785.9
788.75
793.55
797.3
801
804.65
808.25
811.185
815.54
821.875
827.19
831.85
832
835.375
838.5
841.675
844.8
850.535
854.25
857.925
861.56
865.155
869.4
873.615
877.1
880.545
883.95
886.6
890.64
893.925
897.170
900.375
902.8
907.41
911.25
915.06
918.84
922.59
926.31
930
934.22
938.86
942.47
946.05
949.6
Page 33
Area of Building
Frontage Wall
(in Square Feet)
Percentage of Front
Wall Allowed
For Signs
Sign Area
Allowed
(in Square Feet)
16,100 5.920 953.12
16,200 5.905 956.61
16,300 5.90 961.7
16,400 5.890 966.6
16,500 5.875 979.375
16,600 5.860 972.76
16,700 5.845 976.115
16,800 5.830 979.44
16,900 5.815 982.735
17,000 5.80 986
17,100 5.795 990.945
17,200 5.780 993.16
17,300 5.765 997.345
17,400 5.750 1,000.5
17,500 5.735 1,003.625
17,600 5.720 1,006.78
17,700 5.705 1,009.785
17,800 5.70 1,014.6
17,900 5.695 1,019.405
18,000 5.680 1,022.4
18,100 5.665 1,025.365
18,200 5.650 1,028.30
18,300 5.635 1,031.205
18,400 5.620 1,034.08
18,500 5.605 1,036.925
18,600 5.60 1,041.6
18,700 5.5925 1,045.7975
18,800 5.5850 1,049.98
18,900 5.5775 1,054.1475
19,000 5.5725 1,058.775
19,100 5.5650 1,062.915
19,200 5.5575 1,067.04
19,300 5.55 1,071.15
19,400 5.545 1,075.73
19,500 5.5375 1,079.8125
19,600 5.530 1,083.88
19,700 5.5225 1,087.9325
19,800 5.5150 1,091.97
19,900 5.5075 1,095.9925
20,000 5.50 1,100
Placement of wall signs and marquee
signs. No flat, wall or vee-shaped signs
shall be erected at a distance of more
than eighteen (18) inches beyond the face
Page 34
of any building, marquees being
considered as a part of a building. The
outside edge of wall signs on marquees
shall not be closer than twenty-four (24)
inches from the curb line. Signs may be
placed in whole or in part upon a
parapet, but no sign shall be extended
above or be mounted upon the top of a
parapet or marquee, one identification
sign may be attached to the sides or
front of a marquee or hung under a
marquee at a business entrance, in which
case the sign shall not exceed six and
one-half (6 1/2) square feet in area,
shall maintain a 7.~..6'~ minimum clearance
above the sidewalk or ground level and
shall not extend beyond the marquee's
perimeter.
I d. Wall sign construction. Wall siqns shall
comDlv with Chapter 23 of the Standard
B~ildin~ Code.
Noncombustible material. The surface of
all electric wall signs shall be of
noncombustible materials.
Regulation against obstruction. No wall
sign shall cover wholly or partially any
required wall opening, nor project beyond
the top of the wall to which it is
attached.
wall sign projection. Ail bracing and/or
lighting shall be hidden or covered so
that it shall not be visible from the
public right-of-way. The covered
'portion of the ends of such signs shall
not be used for advertising purposes.
3. Projecting signs:
bw
Not to encroach right-of-wa~. No
projecting sign shall project over any
public right-of way.
Allow substitution cop~ area and size. A
projecting sign may be substituted for an
allowed freestanding sign. However, the
Page 35
maximum allowable size for such a
substitution shall not exceed one-half
the allowable size of the freestanding
sign for which it is substituted or shall
not exceed the allowable amount of sign
area for signs attached to facades as
shown on the Street Facade Sign Area
Table of this code, whichever is less.
Noncombustible material. Ail projecting
signs shall be constructed entirely of
metal or other noncombustible material
and securely attached to a building or
structure by metal supports such as
bolts, anchors, supports, chains, guys or
steel rods. No staples or nails shall be
used to secure any projecting sign to any
building or structure. The use of
plastic material is permitted as approved
in subsection 20A-15.7(B)(2) of the sign
code.
Method of support. Ail proiectin~ si~¢rn~
shall mee~...the .~equire~ents of Chapter
23, Standard. Building Code, for support,
a~chorag9 and $.tructural me~mb_~ers.
Placement. No projecting sign which is
entirely dependent upon a wall for
support shall be erected on the wall of
any building so as to project above the
roof l~ne or parapet wall or above the
roof level where there is no parapet
wall. A sign attached to a corner of a
building and parallel to the vertical
line of such corner, shall be deemed to
be erected at a right angle to the
building wall. A projecting sign shall
not project more than thirty-six (36)
inches from the wall of a building and
shall not overhang a D/~blic right-of-way.
Such sign shall comply with height
regulations of subsection 20A-5.7(G) and
shall be elevated a minimum of 7'6" over
any sidewalk or pedistrian way. No sign
or part of a sign or its supporting
structure shall cover any window or part
of a window. No projecting sign or
supporting structure shall cover any
Page 36
window or part of a window. No
projecting sign or supporting structure
shall be located in such a manner as to
obstruct window light and vision. No
projecting sign shall ex~end above the
top of the wall or parapet wall
(whichever is greater in height). The
city shall be held harmless for any
liability associated with projecting
signs.
4. PT'ion sign:
a. Not to encroach right-of-way. No pylon
sign shall project over any public right-
of-way.
b. Allowable substitution and size. A pylon
sign may be substituted for'an allowed
freestanding sign. However, the maximum
allowable size for such a substitution
shall not exceed one-half the allowable
size of the freestanding sign for which
it is substituted or shall not exceed the
allowable amount of sign area for signs
attached to facades as shown on the
Street Facade Sign Area Table of this
code, whichever is less
Structural members. The structural
members of all pylon signs will be tied
into the building on which such signs are
erected in such a way that they become a
part of the overall structural framework
of said building or its roof.
Maximum height. No pylon sign may extend
above the height of the roof l~ne or
parapet wall.
~31 billboards shall be prohibited within the City
of Sebastian except ~or the followina:
0~ s~gD not exceedinq 32 square feet in area
may ,~9 ...... ~ocated in or on the waters of the
I~dian__River for any approved marina within
the City of Sebastian_ These signs must have
approval f~m the state of Florida prior to
Qbtainina a permit from the City of Sebastian.
Page 37
Sec. 20A-15.9.
m
Regulations of nonconforming signs and
enforcement.
Continuance of preexisting structures. Any sign, m
billboard, or advertising structure which lawfully
existed and was maintained at the time this m
ordinance became effective, may be continued,
although such structures do not conform to all the
provisions hereof; provided that no structural m
alterations are made thereto and and that all
nonconforming signs, billboards, commercial
advertising structures and their supporting members
shall be completely removed from the premises not m
later than five (5) years from the effective date
m
of this ordinance:
m
impact of damage to nonconforming signs. Any u
nonconforming sign installed prior to this
ordinance which is destroyed or damaged to the
extent of fifty (50) percent or more, or is
altered or replaced, shall not be altered,
replaced or reinstalled unless and until it
shall have been made to conform to the
provisions of this article. Public signs
erected by the city are exempted by this
article.
Effect of amendments. Any sign which may
become nonforming as a result of any
amendments to this article shall be completely
removed from the premises, or altered to
conform, not later than five (5) years from
the date on which such use becomes
nonconforming.
Termination of nonconforming signs:
Abandonment. Abandonment of a
nonconforming sign shall require the
owner immediately to remove such sign.
Violations. Any further violation of
this article other than the existing
nonconforming status at time of adoption
shall require the owner immediately to
remove such sign.
Destruction, damage or obsolescence. The
use of any nonconforming sign shall
terminate whenever the sign is damaged or
destroyed beyond fifty (50) percent, from
Page 38
any cause whatever, or becomes obsolete
or substandard under any applicable city
ordinance to the extent the sign becomes
a hazard or danger and upon termination
shall be removed.
d. Animated or abandoned signs. The use of
an animated or abandoned sign within the
city shall terminate within ninety (90)
days after such sign became nonconforming
and the animated or abandoned sign shall
be removed or brought into conformance
with this article before the date of
termination.
B. Enforcement. It .shall be the function and duty of
the building official to administer and enforce the
provisions of this section:
1. Inspections. The building official shall
cause to be inspected, at such times as he
deems , each sign or advertising
necessary
structure regulated by this article for the
purpose of ascertaining if it is insecure or
in need of repair or removal. The building
official shall be responsible for inspecting
electrical signs and structural components as
needed.
2. Required maintenance. All signs or
advertising structures as regulated by this
code together with all their supports, braces,
guys and anchors shall be kept in repair and
unless of noncorroding metal shall be
thoroughly painted at lease once every two (2)
years. The building official may order the
removal of any sign that is not maintained as
set forth in the provisions of this section.
Such removal will be at the expense of the
owner or lessee according to subsection 20A-
15.9(B)(7).
Removal of prohibited, unlawful and
nonconforming signs. At the termination of
the time periods for which prohibited,
unlawful, or nonconforming signs placed and
maintained on public or private property in
violation of this section shall be removed by
the owner or lessee upon order of the building
official within the period of time fixed by
the building official as required below.
Page 39
Unsightly signs. Any sign that is unsightly
because of deterioration or lack of
maintenance as determined by the building
official shall be cited with a ten-day written
notice, as provided in subsection 20A-
15.9(B)(5) below. The citation shall be
directed to the owner or lessee of the sign
and shall mandate that the sign's appearance
be improved as soon as possible, or said sign
shall be deemed abandoned and therefore
prohibited.
Notice required prior to sign removal:
Written notice, excepting emergencies. The
building official shall not remove or order ·
the removal of any sign erected and maintained
on private property in violation of this
section or any unauthorized signs on public
property other than temporary signs on a
public right-of-way, except in emergency
cases, without written notice delivered
personally or by registered or certified mail.
The notice shall be addressed to the owner or
any. co-owner of the property on which said
sign is located and to the owner or lessee of
the sign, as their names and addresses are
shown upon the record of the county property
appraiser, or upon records of the building
official. In the event that such notice is
returned by postal authorities, the building
official shall cuase a copy of the notice to
be served by a law enforcement officer upon
the occupant of the property where the sign is
located or upon any agent of the owner
thereof. In the event that personal service
upon the occupant of the property or upon any
agent of the owner thereof cannot be performed
after reasonable search and inquiry by such
officer, the notice shall be accomplished by
physical posting on the sign, where possible,
or in a conspicuous place upon the property
where the sign is located. The notice shall
be continuing notice that the sign(s) ordered
removed shall apply to all similarly
classified signs that might be illeally
installed after said notice. For example, if a
sign owner is ordered to remove an animated
sign, illegal credit card sign, illegal
Page 40
illuminated sign, or any other sign, the
notice shall be continuing notice that no
similar type sign shall thereafter be placed
on the premises.
Content of notice. Said notice shall inform
the owner or lessee of:
The nature of the violation of this
section; and
ii.
The requirements necessary to be
fulfilled in order to comply with
said section; and
iii.
The time period during which the
alteration, repair or removal or
other action sahll be made to the
sign in order to comply with this
section, and
iv.
The fact that failure to comply
shall subject the owner or lessee
to prosecution, and if compliance is
not achieved as directed, the City
of Sebastian will proceed to remedy
the violation and that the cost of
the work, including advertising
costs and other expenses, will be
imposed as a lien on the property on
which the sign is located if not
otherwise paid within thirty (30)
days after receipt of billing; and
The right to appeal the decision or
order of the Building Official to
the board of adjustment by said
owner or lessee within ten (10) days
after receipt of the owner. Such
notice of appeal shall be in writing
and delivered to the building
official.
Emergenc~ cases. In cases where it reasonable
appears that there is imminent danger to life
or safety of any person unless a sign located
on public or private property is immediately
altered, repaired or removed, the building
official shall, if time permits, document such
facts with photographs and written reports and
Page
shall cause the immediate repair or removal of
such sign. In such cases, the decision of the
building official shall be final. For this
purpose, the building official may at once
enter such place where such sign is located,
with such assistance and at such costs as the
building official deems necessary. The .costs
of such emergency repair or removal of such
sign shall be collected in the same manner as
provided in subsection 20A-15.9(B)(7) below.
Violations:
Penalties for violation. Any owner or
lessee failing to remove any such sign or
structure within the ordered tiemperiod,
or any person who violates, disobeys,
omits, neglects or refuses to comply
with, or who resists, the enforcement of
any of the provisions of this section
shall, upon conviction thereof, be
punished as provided in section 1-10 of
the Code of Ordinances of the City of
Sebastian; and such person shall be
deemed guilty of a separate offense for
each day, or portion thereof, during
which a violation of this section is
committed, continued or permitted. The
existence of any advertising copy on any
sign erected in the city shall constitute
prima facie evidence that the said sign
was erected, used or maintained with the
consent and approval and under the
authority of the person who goods,
services or political candidacy are
advertised thereon.
Violation constitutes nuisance; procedure
for a~atement. Any sign which is
erected, used or maintained in violation
of this section is hereby declared to be
a public and private nuisance and shall
be forthwith removed, obliterated or
abated by the building official. For
such purpose the building official may
enter upon private property without
incurring any liability therefor.
However, if any such sign bears the name
of the owner thereof, and said owner
Page 42
holds an unexpired permit issued under this
section, the said owner shall be given written
notice of the violation as provided above.
c. Stop work or4ers (violations). Upon notice
from the building official that work on any
sign or advertising structure is being done
contrary to the provisions of this code or in
a dangerous or unsafe manner, such work 'shall
be immediately stopped. Such notice shall be
in writing and shall be given to the owner of
the property, or to his agent, or to the
person doing the work, and shall state the
condition under which work may be resumed.
Where an emergency exists, no written notice
shall be required to be given by the building
official.
I 7. Costs of sign removal charged to owner of
premises. Costs incurred by the removal of
the sign shall be charged to the owner of the
premises involved, in the following manner.
'The building official shall report the removal
of the sign by the city and the city
council shall assess the entire cost of such
demolition or removal against the real
property 'upon which such cost was incurred,
which assessment shall include all
administrative costs, postal expenses,
newspaper publication and the like and when
made constitutes a lien upon such property
superior to all other except taxes.
The city clerk shall file such lien in the
county's official record book showing the
nature of such lien, the amount thereof and an
accurate legal descritpion of the property,
including the street address, which lien shall
date from the date of filing and recite the
names of all persons notified and interested
persons. Such municipal lien shall bear
interest from such date at the rate of ten
(10) percent per annum for individuals and
fifteen (15) percent for corporate owners and
shall be enforceable if unsatisfied after the
expiration of two (2) years after the date of
filing notice of such lien, as other liens may
be enforced by the city.
Unlawful to tamper with signs. It is unlawful
for a person to destroy, damage, deface,
injure or tamper with any sign which.has been
Page 43
duly permitted or lawfully placed under the
terms of this section, without the consent of
the owner of the sign, or to remove a sign
without the consent of the owner of the sign,
and, upon conviction thereof, shall be
punished as provided in section 1-10 of the
Code of Ordinances of the City of Sebastian.
Appeals. Any persons aggrieved by any
decision of the building official in regard to
the permitted location, size or height of a
sign, or the continuance of a nonconforming
sign, or other matter regulated by this
article, may appeal to the board of
adjustment. Said appeal shall be an
application for a variance and shall be
granted only if the board of adjustment
determined that said variance is not contrary
to the intent of this code and that a literal
enforcement of the provisions of this code
would be impracticable and would result in an
unreasonable and unnecessary hardship:
Duties of board of adjustment. The board
of adjustment of the city shall perform
the- following duties, except where
expressly prohibited under the provisions
of this section:
Upon receipt of an appeal from a
decision or order of the building
official, or a request for an
allowable variance from the
provisions of this section, the
board shall set a date for a public
hearing on said appeal or variance
request and give written notice to
the applicant and the building
official of said date, and otherwise
proceed in accordance with the
provisions of this code.
ii.
At said public hearing, the board of
adjustment shall receive such
testimony as the building official
or applicant or any other person
having an interest in said
proceedings shall offer relative to
said appeal or request for variance,
under the criteria set forth in this
code.
Page 44
signord3.wp
iii.
iv.
The board shall make written
findings of fact from the testimony
offered at said public hearing, and
issue an order, or grant or deny a
variance, based upon the findings
made.
In cases where an order or decision
of the building official has been
appealed, and the order of the
board upholds the order or decision
of the building offical, then the
applicant, owner or lessee has ten
(10) days from the date of the order
of the board in which to comply with
the order of the building official.
If the applicant, owner or lessee
fails to comply with said order, the
building official shall cause such
sign to be brought into compliance
or removed (as the facts may
warrant) and shall assess the costs
of such compliance or removal as
provided in subsection 20A-
15.9(B)(7) above.
i
i City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: PROPOSED ORDINANCE
REGARDING REGULATIONS ON
WATERWAYS
Approved For Submittal By:
City Manager //~~
Agenda Number:
Dept. Origin: Community Development
(BC~
Date Submitted: 04/01/93
For Agenda Of:
04/07/93
Exhibits:
1. Draft of proposed ordinance
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At a recent council meeting, the Mayor brought up whether or not power
boats were permitted to be in our local canals and lakes. Our current
code does not prohibit such power boats but, does prohibit any vessel from
creating a wake.
This proposed ordinance will prohibit power boats within local canals and
lakes excluding the Sebastian River and Indian River Lagoon. This
ordinance also regulates the location of docks, davits and structures
accessory thereto within the local canals and lakes.
RECOMMENDED ACTION
Move to approve the City Attorney to draft an ordinance regarding relation
of waterways.
Page 326.8, Section 20A-5.10(A)(B) Regulation of waterways,
watercraft and marine related structures.
Existing Language:
(A) Regular mooring of watercraft. "Regularly moored" shall
mean moored in the same general area at least eight (8) hours
a day for ten (10) days in any month. Watercraft shall not
be regularly moored along any shore without the consent of
the riparian land owner. Regularly moored watercraft shall
not be used as dwellings, except in marinas. Watercraft
shall not be permitted as business offices or other related
commercial enterprises. This provision shall not preclude
the regular mooring of watercraft used for fishing
operations, charters and other water dependent uses, provided
said mooring is at a commercial marina. Regularly moored
watercraft shall be kept in seaworthy condition when not in a
permitted repair area.
(B) Maximum permitted projection of waterfront structure.
Unwalled boat shelters may be erected over boatslips, but no
part of such shelter may extend past the shoreline or be
higher than fifteen (15) feet. Docks shall not project
outward from shore without approval by the U.S. Army Corps of
Engineers and/or any other agency having appropriate
jurisdiction.
Proposed Language:
amend as follows:
Delete existing section entirely and
A. Docks, piers, wharves, davits, lifts and pilings.
Accessory docks and unwalled boat shelters, davits, lifts
and milinq~ shall b~ permitted and erected in accordance
with the following regulations. Notwithstandinq,
alternate site plan specifications may b__e presented to
the planning and zoning commission for review and
approval, as deemed necessary by the applicant:
Ail docks and unwalled boat shelters, piers or
wharves and associated pilings, and all davits or
lifts whether associated with a dock or erected
separately, shall require a building permit from the
Page 2
Community Development Department and other applicable
permit(s) through the State of Florida and/or federal
regulatory agencies, including the U.S. Army Corps
of Enqineers and/or any other agency having
appropriate ~urisdiction.
Ail docks, pilings, piers or wharves, a__s permitted,
shall b__e located so as to not interfere with the
riparian rights of adjacent properties.
All docks, piers, wharves, davits and lifts, as
permitted, shall be located to meet the following
requirements:
Local canals and lakes - Said structure is
located within the center one-third (1/3~--of the
waterfront footage of the ~ and shall not
extend further than 20 feet or one-third (1/3) of
the width of the waterway, whichever is the
lesser distance.
be
Indian River Lagoon & Sebastian River - No
further than thee State of Florida will permit.
Ail off-shore pilings shall not ~ further above
the surface of the water than is.reasonably necessary
for their use and be located no further from the rear
~ line than:
a__~. Local canals and lakes - 20 feet or 1/3 the width
of the waterway, whichever is the lesser
distance.
Indian River Laqoon or Sebastian River - No
further than the State of Florida will permit.
B. Reqular mooring of watercraft.
"Re~ moored" shall mean moored, anchored, or docked
i__n th__e same general area at least eight (8) hours within
any ~ [twenty-four (24) hour period], for ten (10)
d_~_ys, not necessaril~ consecutive, within any calendar
month. The followinq conditions and clarifications shall
Page 3
Regularly moored watercraft shall not be permitted a_~s
business offices or other related commercial
enterprises. Notwithstanding, this provision shall
not preclude the regular mooring pf watercraft fo__~r
fishing operations, charters, pleasure and other
water-dependent uses, provided said mooring i_~s
located at an approved private dock, commercial
marina, or approved anchorage identified by the
United States Coast Guard and depicted on nautical
charts.
Watercraft shall not b__e ~gularly moored along any
shore without the consent of the riparian land owner.
Ail watercraft shall have the right t__9o navigate
within waters of the city, and may anchor in
locations not otherwise restricted by local, state or
federal regulation for the safety of the public,
where such restrictions are deemed necessary to
control boat speeds and boat traffic, based o__n
boating accidents, visibility, tides, congestion, or
other navigational hazards, in accordance with F. S.
s.327.44 and s.327.46.
Ail watercraft utilizing the waters of the ~ shall
b__e maintained in a seaworthx condition, except when
in ~ permitted repair area.
under no circumstances shall any vessel anchor or
moor in areas that have been determined by th___~e
Florida Department of Natural Resources a~s protected
argas for wildlife and plant life in the submerged
lands. And ~.9 n__o event shall any owner o__~r operator
of any vessel discharge any untreated human waste
from said vessel·
Pollution control. The Florida Litter Law, F. S.
s.403.413(4) & (5) as amended and effective October
1_~, 1993, shall expressly prohibit any ~ of raw
human waste for any reason from any vessel into the
private o~r public waters within the state. Penalties
may be invoked for violations in accord with
s.403.411, F.S.
7. Live-aboards are not permitted within the City of
Sebastian.
Page 4
Transient live-aboards ar___~e permitted within the City
o_~f Sebastian subject to the following:
Any commercial marina within the ~ity limits ma~
maintain moorings and/or slips at docks for
transient live-aboards, to encourage the use of
the waterways of the city and to promote an
increase in the economic base of the community.
(1) All such facilities shall provide litter
receptacles and marine sanitation pump-out
facilities as required by the Federal
Environmental Protection Agency and the
Florida Department of Environmental
Regulation~ as explained in Florida Statutes
s.403.413(5).
(2) Such facilities may make available to users
of offshore mooring~ a dock expressly for the
ur~ o_~f accessing said mooring~ by ~
or other small vessel; and may charge a
reasonable price for the use of said d~ck.
In all cases, users of U.S. Coast Guard-approved
anchorages or commercial facilities shall
maintain their vessels in seaworthy condition,
and shall:
(1)
Abide by requirements to remove vessel from
said premises for o~ cause, including but
not limited to hurricane conditions or other
storms, navigational h~azar___ds___~, o~r othe~r
unforeseen events.
(2)
Any regularly m__oored ~essel with an absentee
owner shall be maintained in seaworthy
condition, and shall be removed from its
regular mooring to a safer location
following notification t~o d__9o s__9o by .federal,
state or local regulatory agencies~ should
weather or other hazardous conditions
preclude continuance at the regular mooring
site.
Page 5
under no circumstances shall an owner of ~
within a residential zoning district use or allow
the use of an accessory dock or the associated
waterway as a secondary residential unit or
facility. Notwithstanding, no person shall
unlawfully board or enter a privately owned
vessel without a written warrant and/or the
consent and/or presence of the owner or designee.
C. Boat Limitations on City Waterways
Only boats powered .by electric motors, canoes and paddle
boats may navigate local canals and lakes within the city
limits of Sebastian. The Sebastian River and the Indian
River Lagoon are excluded from this restriction.
Add to 20A-12.2, Glossary of the Land Development Code
"Definition of Terms"
Boat or vessel. ~ description of self-propelled
watercraft used or capable of being used as a means
of transportation on water, including all types of
boats and all uses thereof. As used herein, the
terms boat or vessel are synonymous with watercraft.
Floatin~ home. ~ waterborne structure designed for
or used primarily as a dwelling which either does not
have an operable motor o__n board at all times_______~, o~r
which is not capable of manual or self-propulsion and
controlled steering for removal from the dock in the
event of an emergency.
Live-aboard vessel. Any vessel used solely as a
residence for ~ period of more than ninety (90) days.
Transient live-aboard vessel. Any vessel used solely
as a residence for ~ period of less than ninety (90)
days.
5. Watercraft.
See definition for 'Boat or vessel".
Water-dependent. Any activity, building or use which
requires that it be conducted or constructed upon one
of the waters of the state, to ensure its existence.
Page 6
Water-related. Any activity, building or use
associated with utilization of the waters of the
state.
Waters of the City. Watered routes within the city
limitsa potentiall~y transitable~ which were
established as outlets from federal and state
sovereiqn waterways and are subject t__o federal pre-
emp%ion; or waters over lands held in trust by the
State of Florida Trustees of the Internal Improvement
Trust Fund (TIiTF); or waterways platted a_~s drainage
easements or canals and deeded to the City pf
Sebastian to be maintained as stormwater manaqement
districts, and which, from time to time, followinq
action.by the controlling body after rain events or
other reason, fill sufficiently to sustain the draft
of a boat or vessel and thus allow use of the
waterway as a roadstead four waterborne
transportation.
waterway.doc
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: PROPOSED ORDINANCE
REGARDING ANIMALS
Approved For Submittal By:
City Manager /~
Agenda Number:
Dept. Origin: Community Development
(BC)
Date Submitted: 04/01/93
For Agenda Of:
04/07/93
Exhibits:
1. Draft of proposed ordinance
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of January 13, 1993, City Council reviewed a
request from Bill Barber regarding a proposed change to the animal
code (Chapter 18 of the Code of Ordinances) to allow rabbits to be kept in
the City of Sebastian.
Staff has over the last several years also had residents request other
animals including chickens, pigeons and pot bellied pigs.
As directed by City Council, staff has incorporated these proposed changes
into the attached draft ordinance.
It will be important to coordinate any changes to the Sebastian Code with
the appropriate enforcement agencies including Animal Control of Indian
River County and Florida Game and Freshwater Fish Commission.
RECOMMENDED ACTION
Review proposed animal ordinance.
ANIMALS
Section 18-1.
No change.
City designated bird and wildlife sanctuary;
unlawful to shoot or trap birds and certain
animals; permit to kill; signs.
Section 18-26. Definitions.
The following words, terms and phrases, when used in
this article, shall have the meanings ascribed to them in
this section, except where the context clearing indicates a
different meaning:
Fowl means all types of chickens, ducks, turkeys, geese,
guineas, or similar birds.
Livestock means all animals of the equine, bovine or
swine class, including goats, sheet, mules, horses, hogs,
cattle and other grazing animals.
Miniature ~ means animals meeting the published breed
definition for registration by a recognized association for
breeding such miniature animals, such as, but not limited to
Vietnamese Pot Bellied Pigs.
Nondomesticated animal means any animal other than
livestock, fowl or any dog, cat, bird or similar animal.
~erous animal or reptile means any wild or feral
mammal or reptile which by its nature or breeding has the
capability of inflicting serious bodily injury to humans,
Section 18-27. Animal Enclosure
Ail pens, cages, coops, lofts or enclosures wherein
animals, fowl or birds are kept shall be securely built and
maintained, adequate in size for the kind and number of
animals, fowl or birds contained therein and maintained in a
sanitary condition; such enclosures shall be cleaned and
maintained so as to not become offensive to residents or
businesses adjacent thereto. The keeping of enclosures under
conditions allowing the breeding of flies is specifically
prohibited.
Page 2
Section 18-28. Pens, coops, etc. for small animals.
(a) Any person keeping small animals, including but not
limited to rabbits, guinea pigs, rats, mice and gerbils shall
keep such animals in a pen, cage or enclosure meeting the
requirements of Section 18-27. When more than two (2) but
less than ten (10) such animals are kept, such pen, cage or
enclosure shall be at least twenty (20) feet distant from the
property line. When ten (10) or more such animals are kept,
such pen, cage or enclosure shall be at least fifty (50') feet
distant from the property line. These requirements shall not
apply to animals kept totally within a residence.
(c) small animals kept in or by a duly licensed or
established shelter, veterinary clinic, pet store, zoo, or
educational or institutional research facility are exempt
from the provisions of this section.
Section 18.29. Keeping of fowl
[Option 1]
(a) Any person keeping chickens, turkeys, ducks, geese,
guineas or other fowl shall keep them in a pen, coop or
enclosure meeting the requirements of Section 18.27. When
more than two (2) such fowl are kept, such pen, coop or
enclosure shall be at least fifty (50) feet distant from the
property line.
[Option 2]
(a) Any person keeping chickens, turkeys, ducks, geese,
guineas or other fowl shall keep them in a pen, coop, or
enclosure meeting the requirements of Section 18.27. When
one or two such animals are kept, such pen, coop or enclosure
shall be at least twenty-five (25) feet distant from the
property line. When three or four such animals are kept,
such pen, coop or enclosure shall be at least fifty (50) feet
distant from the property line. No more than four (4) such
animals may be kept on any lot or tract.
(b) Chickens, turkeys, ducks, geese, guineas or other
fowl kept in or by a duly licensed or established shelter,
veterinary clinic, pet store, zoo, or educational or
institutional research facility are exempt from the
provisions of this section.
Page 3
Section 18.30. Keeping of pigeons.
(a) It shall be unlawful for any person to keep or
harbor on any lot or tract, more than one hundred (100)
pigeons or other birds.
(b) Any person owning, or keeping pigeons or other
birds shall keep them in a pen, coop, loft or enclosure
meeting the requirements of Section 18.27. Pigeons bearing a
leg band issued by a recognized association of pigeon
fanciers may be released for exercise, performance or
competition.
(c) When more than two (2) but less than ten (10) such
pigeons or birds are kept, the pens, coops, lofts or
enclosures wherein they are kept shall be at least twenty
(20) feet distant from the property line. When ten (10) or
more such pigeons or birds are kept, such pens, coops, lofts
or enclosures shall be at least fifty (50) feet distant from
the property line.
(d) Pigeons or birds kept by a duly licensed or
established shelter, veterinary clinic, pet store, zoo,
or educational or institutional research facility are exempt
from the provisions of this section.
Section 18.31. Keeping of livestock
(a) It shall be unlawful for any person to keep,
maintain, pen or feed livestock or nondomesticated animals.
(b) Miniature pigs shall be exempt from the provisions
of Section 18.31 (a). Any person keeping miniature pigs
shall keep them in a pen, coop or enclosure meeting the
requirements of Section 18.27. Such pen, coop, or enclosure
shall be at least twenty-five (25) feet distant from the
property line. This requirement shall not apply when the
animals are kept totally within the residence. In any case,
a maximum of two (2) such miniature pigs may be kept on any
lot or tract.
[NOTE: Based on conversations with Indian River
County Animal Control and the Indian River County
Animal Shelter, it may not be advisable to allow
miniature pigs as a permitted animal in Sebastian.
Staff will provide a verbal report at the meeting
after obtaining further information.]
Page 4
Section 18.32. Dangerous animals or reptiles.
(a) It shall be unlawful for any person to keep, raise,
harbor, use, possess, or have on his premises or under his
control or attempted control any dangerous animal.
(b) Any dangerous animal kept in violation of this
section or found at large may be impounded by Animal Control
of Indian River County (hereinafter known as "Animal
Control") with whatever force is reasonably necessary to
safely secure impoundment. Animal Control shall be
authorized to impound any animal found at large or kept in
violation of this Code. Animal Control shall also be
authorized, upon obtaining a search warrant, to impound any
dangerous animal which Animal Control has probable cause to
believe is being kept in violation of this Section. The
impoundment remedies in this Section shall not be exclusive.
The City shall have the right to exercise any and all other
remedies available at law or in equity.
(c) Animal Control of Indian River County shall be
authorized to destroy any dangerous animal running at large
which because of its nature, disposition or diseased
condition would present a hazard to life or limb in an
attempt to capture it. A peace officer may destroy any such
animal in any life-threatening situation.
(d) No owner or custodian or person in possession of a
dangerous animal shall allow such animal to be at large.
Animal Control may, but shall not be required to, enlist the
voluntary aid of any person in attempting to capture a
dangerous animal at large.
(e) The owner or custodian of any impounded dangerous
animal shall be liable to the City in the amount of the
impoundment fees charged for other impounded animals pursuant
to the provisions of this Code or for such fee as may be set
by ordinance and for actual feeding and care costs as
determined by the impoundment facility. No impounded
dangerous animal shall be released until all required fees
and costs have been paid or arranged to be paid. Prior to
the release of an impounded animal to the owner or custodian,
Animal Control shall determine that adequate provision has
been made for the removal of the animal to a place outside
the city or for confinement within the city under authority
of subsection (f).
Page 5
(f) The following shall be exempt from the provisions
of Section 18.32:
(1) The keeping of such an animal in a zoo,
shelter, museum, or bona fide educational or
medical institution;
(2) The keeping of such an animal temporarily
for public exhibition by a circus, carnival or
other traveling exhibition;
(3) Animals in route to a duly licensed veterinary
clinic or the keeping of such an animal in a duly
licensed veterinary clinic;
(4) The keeping of such an animal by a wild animal
rehabilitator holding a valid license or permit to
keep such an animal.
(g) Dangerous animals kept under authority of
Subsection 18.32 (f) within the City shall be securely
confined to prevent injury to persons and properly cared for.
A person possessing or keeping a dangerous animal within the
City under the authority of Subsections 18.32 (f) (1), (2),
and (3) shall have in force liability insurance in the amount
of not less than $500,000 per claim. Proof of insurance
shall be filed with Animal Control of Indian River County
within thirty (30) days of the keeping or bringing into the
City of'any dangerous animal.
(h) Animal Control is authorized to release custody and
possession of a dangerous animal to the impoundment facility
if such animal is not reclaimed by its owner or custodian
within seven (7) calendar days after the date of impoundment,
not including the day of impoundment. Any animal so released
by Animal Control after the expiration of such time may then
be disposed of in a lawful manner by the impoundment
facility including, but not limited to, the sale or
destruction of said animal. The animal may be released to
and disposed of by the impoundment facility prior to the
expiration of such time if in the professional opinion of the
veterinarian, disposition is necessary to avoid the
unnecessary suffering of a sick or injured animal.
(i) To the extent permitted by law, Animal Control of
Indian River County is authorized to enforce the provisions
of this Code to within 5,000 feet beyond the City's
boundaries. A violation of the provisions of this Section
shall be punishable by a fine of not less than $100 for each
offense.
animals.doc
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589°5330 D FAX (407) 589-5570
SUBJECT: Mr. Herbert G. Sturm
Re: Code Enforcement
Board
Approval For Submittal By:
I city Manager:
Dept. of Origin: Citizen Request
Date Submitted: 3/31/93
For Agenda Of: 04/07/93
Exhibits: Sixteen Page Sturm
Brief Note: Mr. Sturms's
Origlnal Reference Manual is
on file in the City Clerk,s
but not copied as backup
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STAT~MEN,T
Mr. Herbert G. Sturm has requested that the City Council hold a
special meeting to review the conduct of the Code Enforcement Board.
Mr. Sturm has asked that his initial brief be provided as backup
material and that his reference manual be read by members of the city
Council. The reference manual is on file in the office of the City
Clerk and will be returned to Mr. Sturm in the future.
RECOMMENDED $CTION
Mr. Sturm has been allotted ten minutes under "Business Introduced by
the Public" to express his request to the City Council for a special
meeting.
IN THE CIRCUIT COURT OF Th~ ~,i!,~:~u JUDICIAL CIRC~.__
£F FLORIDA IN AND FOuR INDIAN RIVER COUNTL.', FLOiQiDA
VS.
CODE EhFORCEM~NT BOARD &
CI?J OF S~,BASTiAN
APPELLATE DIVISION
APP,~Z~L C~SE NO. 92-0396 CA25
L.T. CASE NO. 92-6_~5, 92-6348
~2-6418, 92-6~36
INITIAL BR~
Initial Brief for the Appellant ?-~J~,B~i~ G ST~$RM
TABLE OF CONTEi~TS
(1) TABLE OF CO~i~ENT$ LISTING ISSUES
(2) TABLE OF CITATIONS
(3) A STATEF~I~T~OF THE CASE ~ OF ~n~ FACTS
(5) ARGU~,E~T WITH REGARD TO EACH ISSUE
(6) co~cLusIo~
(7) C~Tn~CAT~ OF S~VIC~
PAGE
1
2
6-
14
6.
?0
TABLE OF CONTENTS LISTING ISSUES
Notice of Violation paEe 2 Page 6 of Initial Brief
Cond,~ct of Meeting paEes 53 through 59 P~ge 7 of Initial Brief
Cases # 63~5 page 45 #6436 page 49 ~6348 page 46 ~6418 pages 47 ~ 48
Page 8 Of initia~ Brief
Testimony of Robert Nicholoson Dage 55 Page 9 of Initia~ Brief
The Motion pages 56 &57 Page 10 Of Initial Brief
Order Finding Violation pages 9 & 10 Pages 11 & 12 of Initial Brief
Record on Appeal pages I through 9! Pages 13 & 14 of initial Brief
._TABLE OF CITATIONS
CONSTI/~JTiON OF THE STATE CF FLORIDA ART~i SEC 9,
FLORIDA STATJTES 162
RULES OF APPELLATE PROCEDURE
WEBS~' S DICTIONARY
CODE ENFORCE~.ZNT BOARD SEC 2-91 THRU SEC 2-110
SEBASTIA]~ CODE ART Iii JUNK SEC 12-30 SEC 12-31
ORDINA3~CE NO. 0-91-18 SEC 16-1 THRU SEC 16-3
LEGAL BASIS AND GENERAL PHO%'ISIOES SEC 20 A-5,16
2
SECY. 17,
SEC 18
STATE~,~NT OF Ti~ CASD ~3~D OF Ti{~ FACTS
Op or about 26 Feb 92, ~fter obtaining a permit page 70, i moved a barn
unto the property at 5d9 Saunders St. ~ithin 3 hfs the Code ~nforcement Officer,
BoT~ ?licbolson, came to the property i was moving from, wanting to know where my
permit was at. i would, find out later that my back yard neighbor, ~,~. De~obertis,
who is the chaLrman of the code enforcement board, probably had enough influence
to get this accomplished. He also went ~ound the neighbor-hood asking the
neighbors to call. in complaints. We continued to move our belongings unto the
property, and started to work on the 3 building permits which I had acquired.
On 3 Apr 92 i received notice of violation, page 2. On 7 Apr 92 Bob came~unto
the property, took some pictures, and i explained to him the reason for all the
material and equipment. I thought ewerything would be okay. On 22 Apr 92 I
received Notice of Violation ]leafing, page 5. I went to the hearing at the
r~uested, time, however, I was put second, because the other people were there,
and supposedly it was a minor case. Not true, that case lasted 30 minutes, the
Sturm case lasted 25 minutes. After being put second, and listeni~gg to 30 minutes
of ignorance, I realized that i wouldn't be able to achieve anything by staying
at the meeting. Tl~e minutes of the meeting, pages 53-59, and the Order, pa~es
9 & 10, will confirm this. Apparently attorney Torpy has a real axe to grind.
First he puts me second on the agenda, after the chaimLo~erson had al_ready stepped
down. His use of the word "violations" m~ukes me quilty before the hearing euen
begins. His recommendation of the maximum, $250,00 fine makes me wonder what
he used as a guide, to determine the fine per day.
The board apparently doesn't adhere to the phrase, beyond a reasonable doubt.
Not even one piece of evidence was identified as being in violation of 16-1. page
25 · 26 Bob said he observed 16-1, page 25 & 26, and the motion, page 9, reads,
"M~. St,~rm was the violator of nuisance sec. 16-1." This smacks of a board that
caters to the whims of the city. Not one item was identified as having been
j,~nked or discarded, yet the board found me guilty of j,~nk. ~ould i really bring
junk to our new property? Despite the fact that there never was a trailer violation,
znd the testimony was that it had been corrected, the motion made mind approved
by 5 members states the violation did exist.
Betty DeRobertis testified that,"some people are afraid to complain", this
reenforces the theory that the DeRobertis's went around the neighBor-hood seeking
complaints. The neighbors on either side told me that Mr. DeRobertis hind ask
them to call in a complaint. I see many alleged violations and nothing is being
done about them. Is it because the DeRobertis's are back yard neighbors, that
the board and the attorney's are o,~t to get me. This whole thing smacks of a
set up, by Bob Nicholson, and a kangaroo court to do the h~nging.
SU~RY OF ARGUIrm:NT
Bob Nicholson ~mde untrue statements on the Notice Of Violation, page 2,
to wit~ you now have three. He also violated my rights pursuant to the Consti-
tution Of The State Of Florida, Art. I Sec. 9 Due Process, when he said junk to
be removed. The board made a motion, page 56, which is not in accordance with
the evidence precented, page 55, The board must be biased. The order, page 9
is not in accordance with the motion, page ~6. Findings Of Fact page 9, are not
in accordance with the motion, page 56, This violates F.S. 162.07 (~). Findings
Of Fact, page 9, violate my rights pursuant to the Constitution Of The State Of
Florida Art i Sec. 9, Due Process, when it calls my constr,~ction material junk
and debris. Conclusions Of Law, page 9, are without factual evidence. The order,
page 9, with the $100.00 fine is in violation of F.S. 162.09 (1). It also vic-
lates my rights pursuant to Art I Sec. 18 of the Constitution Of The State Of
Florida. The order also violates my rights pursuant to Art 1 Sec 9, Due Process
where it reads "remove all construction materials. The date 20 M~y 92 on the
order, page 10, violates my right to have 30 days to appeal, pursuant to F.S.
162.11, when I didn't receive the order until 3 Jun 92. page 11.
Issue No I NOTICE OF VIOLATIONS page 2
The notice is not addressed to the owners as is required by Sec.16-2.1
and Sec.16-3 of Ord No 0-91-18. page 29. Bob calls my construction material,
and b,~ilding equipment j,~nk and requires it to be removed, This is not in ac-
cord~uce with the dictionary definition of j,nk which is:
JUNK~ 1. any old or discarded material 2. anything that is regarded as worthless,
meaningless, contemptible, or mere trash 3. discarded articles of little value.
Art III Junk Sec. 12-30 page 21, Junk shall include junked or discarSed etc.
Bob says I have 3 RV's. Not True. see page 48. To require my construction ma-
terial to be removed violates my right pursuant to Art i Sec. 9 Due Process.
The 15 days allowed is not enough time use up the construction material ~n my
building projects.
Issue 2 CONDUCT OF ~ETING pages 33-~9
The Notice Of_ Violation Hearing ps~.e 5, says," I should appear before the
bos_rd at 2 PM". I was at the meeting at the requested time. The meeting was
called to order. There were no attorney's matters. The Sturm case was called.
Pursuant to Sec. 2-105 (a) page 85, 1;m. E~Robertis stepped down and turned the
gavel over to vice chairperson Fischer. At this po~_nt attorney Tom-py ask
I~Robertis if the second case on the agenda could go first. He said it is a minor
case and the people are present. Mr. Tom-py, showing no respect for the Notice
C~ Violation Hearing, the a~enda, or to myself, who was present ~s well, ask
F~o DeRobertis, who had stepped down, and now has nothing to do with running the
meeting, to do the second case first. Without calling a vote of the board, or
agreement of acting chairperson Fischer, who should now be running the meeting,
l~ir. DeRo~rtis, who now, has no authority at the meeting, says,"'okay, I ts,ke my
gavel babk and we'll act on this case." Then there was a big laugh, as though
something was funny, it certainly wasn't funny to me. ~nis so called minor case
took 30 minutes, the Sturm case took 25 minutes. The actions of i,M. I~Ho~rtis
apparently reflect his association with the prison system. ~. Tor~oy recommends
the maximum fine, $250.00 per day. Was the alleged violation bad enough to warrent
this, or was it becmuse, l*~r. D~Hobertis is my backyard neighbor. Attorney Lulich's
refusal to read 16-~, page 29 as depicted on page 33 is in violation of Sec. 2-103 (d)
page 85, to wit: All relevant evidence shall be adm~'tted etc.
Issue No 3 CASES pages 4.5-29
Case ~ 6343 page 43 was not presented to the board as is requLred by
F.S. 162.07 (2) and Sec 2-103 (c&d) page 8~. Complaintants names are not recorded.
All these co~plaints coL~ld have been called in by the same person. The nature
of complaint is not filled in;~.afidtthe signature block is not filled out. This
is absurd bookeeping for matters dealing with the courts. I talked with the owner
at that address, he told me he didn't call in a complaint.
~6
Case # 6348 page/was not presented to the board. To llst owner recently
died as a com~.laint is rather strange, and to accept a complaint without getting
a name and address is allowing the same !~arty to call in any number of complaints.
This would appear to make a simple, or nonexisting violation seem very serious.
One of the board members told me,' the people complained therefore you must be
guilty. Again there is no signature in the signature block. Very sloppy record
keeping.
Case # 6218 page 47 & 48 To call in complaints, listing ordinance Nos. leads
me to believe that the complaint was called in by a board member. The neighbors
on either side of me told. me that Mr. DeRobertis had ask them to call in complaints,
they, however, declined. ~M. Ayers, another neighbor, told me ~,M. DeRobertis
had ask him to complain and that his wife may have called in a complaint. On
page 48 it's established that I was not in violation of trailers~
Case ~ 6236 page ~9 was not presented to the board. This violates F.S. 162.07
and Sec 2-103 (c&d) page 84, Nothin~ in the ordinance prophibits my yard from
looking like Gilford, yet Bob said he received notices of violations through
31 ~ur 92, the date on this complaint. No signature, and a very poor record.
8
Issue No ~ BOB NICHOLSON TESTIMO~t page 55
Bob says he was notified of violations, not tr,~e, complaints were called
in to City Hall. He says he observed violations, not tr,~e, these may have been
alleged violations, The board had not r,~led that these were violations, as is
req,~ired by Sec. 2-93 page 78. I wo~ld say Bob was far from telling the tr,~th,
the whole truth, and nothing b,~t the truth, as he swore to do, when he said he
observed junk, and when he said, "however that has been corrected". I was not
in violation of R.V.'s in the fLrst place, how co,~ld I have corrected it. He
did not tell the tr,~th when he said he observed jonk. For an object to meet the
criteria of j~u~ , it needs to have been junked or discarded. This w~s not the..
case, Bob was told twice that we did not have any j,~nk on the constr~ction site.
~s. Storm told him once, and on 7 Apr 92 I explained to Bob what all the material
and eq,~ipment w~s to be ,~$ed for. Bob does not offer one shread of evidence
that is in violation of Sec. 16-1, yet the city asks the board to ~eryery caref,~l
in their motion to specifically state what violations they find, and what facts
they base their violations on. No facts were presented, yet I'm fo,~nd g~ilty~
Kangaroo court I g~ess.
JU~: 1. any old or discarded material 2. anything that is regarded as worthless,
meaningless, contemptible, or mere trash 3. discarded articles of little val~e
Art III JUNE Sec. 12-30. page 21, Junk shal~ include all j~nked or discarded, etc.
Section 20A-12.2 page 23, Junk; in part"SCRAP"b~i~ding material
9
issue No. 5 THE MOTION page 56 & 57
The motion does not specifically state what facts the board based its findings
of violation on, as was requested by the city. The motion lists trailers in the
yard, Bobs testimony, page 55, was"that had been corrected, however, the true
fact is,~there never was a trailer violation, see complaint ~' 6418, page 47 & 48.
The motion is not in accordance with pictures taken 20 ~y 92 and reference too.
the blue barrels had been used to support scaffolding planks and then removed
from the property. The items depicted in the pictures taken 20 ]~my 92 include
the house, barn, shed, car, boat, trailer, and truck, if I remove all of the
items depicted, I guess the yard would be cleaned up. it would be a vacant lot.
This again is a violation of Art I sec. 9 Due Process.
I would say this board is very confused and biased. Not all the cases were
presented, yet they are all listed in the motion. Trailers in the yard is listed
yet trailers never were in violation. Barrels are listed, the blue barrels were
used for plank supports, see ~-~6~h-8 page 46, and then removed from the property.
fine
The $100. O0/is not authorized. F.$. 162.09 (1)
The $100.00 fine per day is excessive.
10
Issue no. 6 ORDER FINDING VIOLATION page 9-10
Due notice was not given. Both owners were not notified as is required by
Sec 16-2.1 and Sec. 16-3 of Ord No. O-91-18,page 29. One of the trailers is re-
gistered in ~trs. Sturms name. In Finding of Facts it reads Herbert Sturm wa__~s:
This does not show that a violation exists as is requLred by Sec. 2-103 (1) page 86.
The finding is not as the motion reads, to wit: trailers in the yard. This is
in violation of F.S. 162.07 (4). "STORING" I wouldn't call bringing construction
material and equipent, to a job site, to accomplish the construction work, of
3 building permits, storing. JUNK: Not any testimony or evidence was presented
by the' city that would establish, that construction material, barrels and water
tanks had been junked or disc~rded. DEBRiS: Hurricane Andrew created debris.
I did not have any debris, and the trash was hauled away on a weekly basis.
?ne pictures, taken 20 i~y 92, made reference to in the motion do not depict
B~HELS and ~.'A?~ TA~rk~.
In conclusions of law individual WA___~S does not meet the requirement of Sec.
2-105 (1) page 86. Sec 12-31 page 22, makes reference to junk. For the board
to arbitrarily declare my material and. equipment junk, violates my rights,
pursuant to Art I sec 9 Due Process. "No person shall be deprived of life, liberty
or property without due process of law". The Order does not indicate the vote
upon the order, as is required by Sec 2-106 (b) page 86. This $100.00 fine is
not in accordance with F.S.162.09, or Sec 2.10~ (a) page 84. This fine is not
authorized by the statutes. This fine violates my rights pursuant to Art I sec
18. No administrative agency shall impose a sentence of imprisonment, nor shall
it impose any other penalty except as provided by law. The violator is given
20 days to clear the premises. This is not enough time to acco,~lish what is
spelled out in the 3 b~ilding permits issued by the city.
11
The 20 days allowed to clear the premises, is not in keeping with F.S. 162.11
which allows 30 days to appeal. The 20 day time frame will effectively deprive
appellaot of the remaining days. The $100.00 per day fine, appears to violate
my rights, pursuant to Art I sec. !',,, .-~×cessive ~:'L'~.~, At ~lO0.00 per day it
would be only a matter of days before the fi',::e ,,'o,_~Id e×cee,'-: the tots. i value of
all 3 building permits, in reference to compliance, it's not possible to build
without constructiou material, neither is it possible to put 2X~'s 20 feet long
· .% ~
and ~X$ s'~neets of plywood in closed· q~ar. ters at this residence. Ti~e barrels and
water tanks had already been use~. in add. during constrL~ctio~., i uotified the
code inspector that I could not comply within the stated time, but the notifica-
tion was ignored. The day of execution should be the date on which the order
is signed, not the date of the meeting. Because the clerk was on vacation or
the chairperson didn't have time to sign the order, or the attorney didn't do
it right the first time I lost many days of the 30, that I have to file notice
of appeal. I didn't get this order until 3 Jun 92 and it was 20 PAy 92. i lost
13 of the 30 days alloted to file an appeal. The adverse party's totally ignored
the fact that I have 3 building permits. Let me recommend the drafting of a
proposed order. If it meets the approval of all parties involved, it could be
signed with a date of execution.
12
Issue No. 7 THE RECORD 0~ APPEAL pages I - 91
Pursuant to Rule 9.200, as the appellant, after filing notice of appeal on
19 Jun 92, I filed directions to the clerk of the board on 29 JL:n 92. By 3 Aug
~2, at the misguiding directions of asst. city attorney Torpy, who has no business
telling the board clerk, not to include certain items, which are listed on the
Directions to the clerk, only pages 1 through 19 were fired. Pages 12 through 19
are not listed on my 8irection to the clerk. Steven Lulich is the board attorney.
After I complained to the clerk, ~ additional items were added, however, they
were numbered pages I t.hrough 2d. These numbers conflicted with the first set,
anN. also had pages 18 through 21 which were not on the Directions to the Clerk o
I complained again, and by 21 Aug 92 a record was filed, however, this record
been
was still missing items that ha~ listed on the Directions to Clerk, and had items
that had not been listed on any Directions to Clerk. For the third time I complain,
this time I was told by Robb McClay, the city manager, "You can ask for what
you want, but we'll give you what we want to give you". Obstruction of justice
asst.
i'd ~ay. ~. Torpy the/city attorney interferred with the board clerk in her
attempt to do her job. ~. Lu]ich is the board attorney. Conflict of l~terest
i'd say, and conduct unbecomming, pursuant to Rule 9.200 the appellee may, within
20 days of filing the notice of appeal, direct the clerk to include additional
documents and exhibits. He did not. Now, he wants added to the record pictures
that were taken on ? Apr 92. These pic%ures were not addressed in the Motion,
pages 56 & 57, nor do they depict the situation as it was on 20 F~y 92, the day
of the hearing. Additionally he wants to add two amended orders. Pursuant to
Sec 2-106 page 86, the order dated 20 ~y 92 is a final order, not to be amended
or undone, especially after I, pursuant to F.S. 162.11 exercised my right to appeal
and have the record created before the board, as of the day of filing notice of
appeal, reviewed by the Appellate Division.
Because of continuing unprofesional conduct~o£ attorney Torpy I had to file
a Petition for Writ of ~ndam~s. In responce, the Court filed its Order 1 Sept 92.
On 14 Sept 92 I filed statements as directed by the Court. On 21 Oct 92 the Court
issued an Order to the clerk of the board to add the items that had been left
out. By order of the Court dated i Sept 92, in my filing of statements dated
14 Sept 92, I listed the items that should not be in the record. I also listed
some reasons why these items should not be in the recoed. The reasons were over-
looked by the Court, when it ordered these items.~to be included in the record.
On 9 Nov 92, the record, pages I through 91, was filed with the Court. Once a-
gain , I must ask the Court to exclude the items that were not listed on Directions
to the clerk. I cite F.S. 162.11 my right to appeal and have the record reviewed.
I filed the appeal, now its time to review the record created before the board
up until the day of the appeal.
P~suant to F.S.162.05(5) the board attorney Steven Lulich should represesent
the board, which has been accused of levying a fine of $100.00 that is not author-
ized by any statute.
CONCLUS I 0~3
The last p~ragraph of Notice of Violation Hearing reads," Please be advised
that the procedures of the Board are governed by the Rules of the Code Enforce-
ment Board, pages 78 - 87, and the Code of Ordinances of the City of Sebastian".
From the evidence presented, and documented, it is obvio,~s that the adverse parties
in this cass, ie, the city and the board, set themselves above the law, when they
did what is spelled out in this case.
Comes now the Appellant and respectfully demands that the order in the matter of
~. Herbert G Sturm Case Nos. ~: 92-6~45, # 92-63~8, # 92-6~.18, # 92-6436. dated
20 t~y 92, be reversed. The Appellant further demands that he be reimbursed for
all expenses and fees incured in this case. The Appellant further asks the Court
that anJorder be issued to require the City Of Sebastian to hold a public hearing
to ascertain whether the board members should continae to serve on the board.
This is in accordance with Sec. 2-94 (e). Removal of board members.
IN THE CIR~JIT COURT OF T~ NI~ETEENTH JUDICIAL CIRCUIT
OF FLORIDA IN ~,-D FOR INDIA/~ RIVER COUNTY, FLORIDA
~h~RB~RT C S~JRM
VS.
CODE ENFORCEmeNT BOARD &
CITY OF SEBASTIAN
APPELLEE,
APPELLATE Di~ iS ION
APPEAL CASE NO. 92-0396 CA25
L,T. CASE ilO. 92-6345, 92-6348
92-6418, 92-6436
C~RTIFICATE OF SERVICE
I P~I{EBY C~"ZHTIFY that a true and correct copy of the Initial Brief has been
furnished to the Code Enforcement Board and the City of Sebastian at 1225 ~;~in
St. Sebastian, Fl. 32958 this 4th day of Jan 93.
kl~IBERT C STb~M Pro Se
5~9 Saunders St.
Sebastian, Fl. 32958
(407) 589-3702
16