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HomeMy WebLinkAbout04141993i I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 t~ FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 14, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Donald Swope, Sebastian Presbyterian Church 4. ROLL CALL AOENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (ResolUtion No. R-89-59). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 93.126 PG i Proclamation - St. Sebastian River Appreciation Day - April 24, 1993 93.127 PGS 3-$ 93.109 PGS 7-11 PRESENTATIONS A. RESOLUTION NO. R-93-13 - Bottle-Nose Dolphin Protection - Presented to Joe Roberts, President, Dolphin Alliance (City Clerk Recommendation dated 4/8/93, R-93-13) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA REQUESTING THAT DOLPHINS BE DECLARED A NATIONAL TREASURE AND PROVIDED PROTECTION FROM CAPTURE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 8. PUBLIC HEARING, FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. ORDINANCE NO. 0-93-07 - Reimbursement of city Council Expenses (City Manager Recommendation dated 4/8/93, 0-93-07 Revised Draft) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADMINISTRATION; AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN BY ADDING NEW SECTION 2-34 TO PROVIDE FOR REIMBURSEMENT OF EXPENSES OF COUNCIL MEMBERS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 3/24/93, Advertised Legal Notices 3/31/93, Public Hearing and Adoption 4/14/93) 9. PUBLIC INPUT ON AGENDA ITEMS 2 PGS 13-40 93.128 PGS 41-45 93.129 PGS 47-64 10. CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of city Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 3/24/93 Regular Meeting, 4/7/93 Workshop RESOLUTION NO. R-93-12 - Vacation of Easement - Lot 12 & 13, Block 82, Unit 2, Sebastian Highlands (R-93-12, City Engineer Memo dated 3/23/93, Application and Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE PUBLIC UTILITY AND DRAINAGE EASEMENTS ON NORTH FIVE FEET OF LOT 12, AND THE SOUTH FIVE FEET OF LOT 13, BLOCK 82, SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-34, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. R-93-15 - Treasure Coast Council of Local Governments (City Manager Recommendation dated 4/8/93, R-93-15) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING COMBINING WITH CERTAIN OTHER GOVERNMENTAL UNITS TO FORM A COUNCIL OF LOCAL GOVERNMENTS PURSUANT TO SECTION 163.02 OF THE FLORIDA STATUTES; AUTHORIZING THE MAYOR, CITY CLERK AND CITY ATTORNEY TO SIGN, ON BEHALF OF THE CITY, A JOINT RESOLUTION, ALONG WITH EIGHT OTHER GOVERNMENTAL UNITS, ESTABLISHING THE NAME OF THE TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS AND PROVIDING FOR MEMBERSHIP, POWERS AND ADMINISTRATION OF THE TREAURE COAST COUNCIL OF LOCAL GOVERNMENTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 3 93.130 PGS 65-67 93.131 PGS 69-74 93.132 P~S 75-76 93.133 PGS 77-78 93.134 PGS 79-80 93.135 P~S 81-84 93.136 PGS 85-88 93.137 PGS 89-90 93.138 PGS 91-92 Appoint Wendy Widmann as City's Americans with Disabilities Act (ADA) Coordinator (Staff Recommendation dated 4/1/93, Personnel Director Memo dated 3/26/93) Receive Code Enforcement Orders - Miller Case No. 93-7680, Kozdra Case No. 92-7475, Garvey Case No. 93-7618 (Orders) Bid Award - Seed and Mulch - Nail Farm, Inc. - $ 0.18 Per SY (Staff Recommendation dated 4/6/93, Bid Tabulation) Bid Award - Golf Course - Crusade Insecticide Harrell's Inc. of Lakeland - $7,200.00 (Staff Recommendation dated 4/8/93, Bid Tabulation) Formal Acceptance of Norma Damp Resignation from Planning and Zoning Commission (Damp Letter dated 3/10/93, P & Z Memo dated 4/7/93) Ando Building Corporation - Specimen Tree Removal - One Pine - Lot 2, Block 84, Unit 2, SH (Staff Recommendation dated 4/7/93, Application, Survey) Tozzolo Bros. - Specimen Tree Removal - One Pine - Lot 18, Block 393, Unit 11, SH (Staff Recommendation dated 4/7/93, Application, Survey) Request for Community Center - Deonna Stevens - Wedding Reception - 5/1/93 - 5 p.m. to 10 p.m. - A/B - Security Paid - Permittee DOB 9/13/70 (City Clerk Recommendation dated 3/22/93, Application) Request for Fee Waiver - Community Center - Century 21 Realty Easter Seal Society - Golf Awards Banquet - 5/29/93 - 6 p.m. to Midnight - A/B - Security Paid - Permittee DOB 10/30/36 (City clerk Recommendation dated 3/24/93, Morgan Letter dated 3/19/93, Application) 11. MAYOR AND CiTY COUNCIL MATTERS A. Mrs. Carolyn Corum B. Mrs. Norma Damp C. Mr. Robert Freeland 12. 93. 139 PG8 93-98 13. 93.140/ 92.101 PGS 99-105 93.141 PGS 107-118 93.142/ 92.216 PGS 119-125 93.143 PGS 127-140 14. 93.144 PG8 141-143 D. Mayor Lonnie R. Powell E. Vice-Mayor Frank Oberbeck CITY ~TTORNEY MATTERS RESOLUTION NO. R-93-11 - Third Amendment to City Attorney Contract (City Attorney Letter dated 3/22/93, R-93-11, Third Amendment) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A CITY ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO AN AMENDMENT TO THE EXISTING CONTRACTUAL SERVICE AGREEMENT WITH CHARLES IAN NASH FOR THE PURPOSES OF PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR THE EXTENSION OF THE EXISTING CONTRACTUAL SERVICE AGREEMENT BETWEEN THE CITY AND CHARLES IAN NASH; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. CITY MANAGER MATTERS Aa Contamination Assessment Report Addendum - Central Garage (Staff Recommendation dated 4/8/93, Transamerican Environmental (Envirx) Letters dated 3/17/93, Addendum) Ba Discharge Report - Washington Street Right-of-Way - 1200 Indian River Drive (Staff Recommendation dated 4/8/93, City Engineer Letter dated 4/6/93, HRS Letter dated 3/23/93, Discharge Report) Ca Wentworth Ditch - Electrical Line Relocation (Staff Recommendation dated 4/8/93, Davis Letter dated 4/2/93, FPL Cost Estimate) MPO Transportation Enhancement Project (Staff Recommendation dated 4/8/93, Keating Memo dated 4/5/93 w/Attachment) COMMITTEE REPORT~tRECOMMENDATIONS A. PLANNING AND ZONING COMMISSION Recommend Amendment to Land Development Code - Accessory Structures (Staff Recommendation dated 4/1/93, P & Z Memo dated 3/18/93) 5 15. 93.119 PGB 145-153 16. 93. 001/ 92. 181 PGS 155-159 93.064 PGS 161-181 93.145 PGS 183-184 17. OLD BUSINESS Yacht Club Dock Project (City Manager Recommendation dated 4/8/93, Fey Letter dated 1/18/93, Agenda Transmittal dated 4/9/92, City Engineer Letter dated 3/18/92, Davis Memo dated 4/6/92, Riomar Plan dated 2/22/93) NEW BUSINESS A. ORDINANCE NO. 0-93-08 - Airport Manager - Fixed Base Operator (City Manager Recommendation dated 4/8/93, 0-93-08) 1st Reading, Set Public Hearing for 5/12/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 22-29(a) OF THE CODE OF ORDINANCES TO PROVIDE THAT THE CURRENT AIRPORT MANAGER SHALL BE A FIXED BASE OPERATOR; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Review Alternatives for Proposed Tree Protection Ordinance No. 0-93-06 (Staff Recommendation, 0-93-06) Award Bid - Community Development Records Room - Randy Hines Construction, Inc. - $18,975 (Staff Recommendation dated 4/8/93, Bid Tabululation) 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) 18. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TOANY 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.) 6 WHEREAS, the St~ sebastian RiverliS a vital part of the city 0f Sebastian; and WI4EREAS, the st, Sebastian River bears th& Same name &s the City of Sebaetian; and ~. WHEREAS, the st. SebaStian ~iver i~ O~ inestimable value to the citi~en~ Of Sebastian; and WHEREAS~ the St. sebastian River'contribu~es much to th~ baauty and.desirability of the City of Sebastian; and WHEREAS, all the citizen~ Of seba~tian recognize the ~mpo~tance of ou~ fair river; and WHEREAS, the Cit~en~ ac~howladge that a constant vigil must be maintained to preeerv~ the quality of the St. SebaStian waters and its environs; and WHEREAS, the city council of the City of Sebastian is proud Of our St. SebaStian River and egually Proud that Sebastian is a city With a river. NOW THEREFORE; I,' Lonnie R. Powell, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida do hereby proclaim April 24th, 1993 as ST. SEBASTIAN RIVER APPRECIATION DAY and urge all SebaStian &rea citizens to honor our river by joining in a day of CommUnity festivities to b~ held on April 24, 1993 at Dale Wimbrow Park. IN WITNESS WHEREOF, ~/~ve hereunto set my hand and caused the Seal of the City/6f ~ba~an this 14j~7~f Rathr~n M. O'Ralloran, City Clerk I City of Sebastian I POST OFFICE BOX 780127 r3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 i AGENDA FORM SUBJECT: ) Agenda No. Resolution No. R-93-13 Atlantic Bottle-Nose Dolphin Protection APPROVED FOR SUBMITT~~ City Manager: Dept. Origin Date Submitted For Agenda Of Exhibits: R-93-13 City Clerk 4/8/93 4114/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Joe Roberts, President of the Dolphin Alliance, requested and received approval for placement of a resolution on the April 14, 1993 agenda, endorsing protection for Atlantic bottlenose dolphins. This resolution has been adopted throughout the east coast of Florida by many municipalities. Mr. Roberts will give a brief informative presentation subsequent to adoption of the resolution. RECOMMENDED ACTION Adopt Resolution No. R-93-13 endorsing protection of Atlantic bottlenose dolphins. and RESOLUTION NO. R-93-13 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; REQUESTING THAT DOLPHINS BE DECLARED A NATIONAL TREASURE AND PROVIDED PROTECTION FROM CAPTURE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, dolphins have a high mortality rate in captivity; WHEREAS, nearly half of the Atlantic bottlenose dolphins in the world's aquariums are captured from Florida waters; and WHEREAS, seventy-five (75) bottlenose dolphins have been captured from the Indian River Lagoon since 1972, the year of passage of the Marine Mammal Protection Act; and WHEREAS, current population estimates place the entire Indian River Lagoon dolphin population at only two to three hundred dolphins; and WHEREAS, the National Marine Fisheries Service does not verify compliance of foreign facilities who claim to meet the standards of the Marine Mammal Protection Act and the Animal Welfare Act; and WHEREAS, it is estimated that half of the Atlantic bottlenose dolphin population died during the epidemic between 1987 and 1989; and WHEREAS, the City Council realizes that dolphins may migrate outside the jurisdictional waters of Sebastian; and WHEREAS, the City Council expresses its desire that dolphins be protected from capture and exploitation for the enjoyment of future generations. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Sebastian, Indian River county, Florida, as follows: SECTION ~.. The City Council requests of all government officials and representatives, as well as regulatory agencies and commissions, that dolphins be declared a national treasure and removal from their natural environment be forbidden. SECTION 2. The Marine Mammal Protection Act 1972 be strengthened to provide dolphin protection to the fullest extent possible. SECTION 3. The City Clerk is hereby directed to send certified copies of this resolution to United States Senator Robert Graham, United States Senator Connie Mack, United States Congressman James Baccus, Florida Governor Lawton Chiles, Florida State Senator Patti Grogan, Florida State Representative Howard Futch, National Marine Fisheries Service, Marine Mammal Commission, Florida Department of Natural Resources, Brevard County Department of Natural Resources and the Dolphin Alliance. SECTION ~.~. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 5. This resolution shall become effective upon its adoption. The foregoing Resolution Councilmember Councilmember a vote, the vote was as follows: was moved for adoption by The motion was seconded by and, upon being put into Mayor Lonnie R. Powell Vice Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1993. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell Mayor Kathryn M. O'Halloran, CMC/AME City Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash City Attorney 3 I i City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT= City Councll Expense Reimbursement Approval For Submittal By: City Manager= genaa No. qJ./O Dept. of Origln~ City Manager For Agenda Of= 04/14193 Exhibits: Or~ina=~e 0-93-07 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT Ordinance 0-93-07 is scheduled for public hearing and adoption on April 14, 1993. I have requested the City Attorney to revise the proposed ordinance to provide for prior approval of a councilmember desiring to be reimbursed for expenses in connection with any conference, meeting, program, etc. which the councilmember would attend on behalf of the City. The previous draft required City Council approval after the fact. Requesting prior approval would be more logical and would be consistent with the City's policy for employee travel. The amount of reimbursement is limited by State Statue and City budget. The revision is incorporated in the ordinance but does not necessitate a title change. Therefore, the City Council may proceed with public hearing and adoption without additional advertising or delay. RECOMMENDED ACTION Hold a public hearing for Ordinance 0-93-07 and consider adoption thereafter. 04/02/93 10:40 ~ 407 951 3741 FRESE, NASH e% al '~ ~ 01 l u sE. 1WASH & To . 930 S. S~17~, 505 ~{.IDL,~O~'B.J~t. Jr~OiUDA 32901 i~07! 9K6.B300 April 2, 1993 VIA TiLK¢0P:[Eit - 589-5570 Robert S. McClary, City Manager City of Sebastian 1225 Main Etreet Sebastian, Florida ]2958 Proposed Ordinance Number: 0-93-07 Our FXIe M~o~ 88~495 Dear Robb: I have enclosed with this letter the revised version of proposed Ordinance Number 0-93-07 wherein i added a sentence et the beginning of Section i of said Ordinance in accordance with our telephone discussion of yesterday. Please advise me.whether the revision meets with the i~te~ you believe desires of the City Council so that the revised provision can be submitted ~o =he City Council memberm as soon as possible for ~heir consideration. Very truly yours, CIN:bd Enclosure as stated FRE~~_~.$H & TORPY, ~.-~' _~,_., Charles Ian Nash City Attorney ~:~IGNED IN HL~ ABSPdVCE TO {'P,.a,"VENT D~Y' IN MAILTNO ORDI~]LiICE ~0. 0'~3-07 COU~Y, ~R~D~, P~RT~N~NG TO ~DX~N~ST~T~O~ ~ND~NO C~PTER 2 OF T~E CODE OF ORD~N~CE8 OF THE CITY OF BZB~BTZ~ BY ~DZNG ~W HECTZON 2-34 TO PROVZDE FOR ~Z~U~~ OF EXPE~SRS OF COU~CZL ME~E~; PROV~DZHG FOR CO~L~ HE~W~TH; P~V~DING FOR ~NC~USZON ~N THE CODE OF O~H~CBS; P~OV~D~NG FOR 8EVE~ZL~TY;~D P~V~D~NG FOR ~ EFFECT~ DATB. BE ~T O~AZ~D BY T~ C~TY CO~CZL OF THE CTTY OF ~EBAST~, ~~ R~V~R COU~Y, F~RZDA SECTION 1. Chapter 2 o[ the Code of Ordinances of the City of Sebas=lan is hereby amended by adding a new provision, designated as Section 2-34, to read as follows: Any Council Member desiring to be reimbur~ed for expenses that he or she will incur, in connection w~th any conference, meeting, program, institute, seminar or other function which the Council Me.er intends to attend on behalf o~ the City and in ~urtherance o~ the business of the C~ty, shall ~irs~ ~eek the Drior approval from the City Council. Upon the prior approval of the City Council by a vote of not less than three Council Members in attendance at a C~ty Council meeting, the expenses incurred by a Council Member who at%ended a conference, meeting, program, institute, seminar or other function on behalf of the City and in ~urtherance of the business o~ the City. shall be reimbursed by the City ~ubject to the limitations contained in the laws of the State o~ Florida, inclu~ing, but not limited to, Chapter 112 o~ Florida Statutes, as amended ~rom time to time." 94/92/93 19:41 ~ 497 951 $741 FRESE, NASH et al ~ 03 SECTION 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. CODIFICATION. It is the ~ntention of the City Council o~ the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City that the sections of this ordinance may be renumbered or relettered to accomplish such intent/on; and that the word~ "ordinance" may be changed to "section", "article", or other appropriate designation. SECTION 4. SE~ERABILITY. In ~he event a court of competent jurimdlction ~hall hold or determine that any part of thi~ Ordinance is invalid or unconstitutional, the remainder of the Ordinance ~hall not be a~ected and it will be presumed that %he City Council o~ the City of Sebast~a~ did not intend to enact such ~val~d unconstitutional provision. It ~hall further be assumed =hat ~he City Council would have enacted the remainder of this Ordinance without said invalid and uncon~t~tutional provision there by causing said remainder to remain in full force and effect. SECTION 5. EFEECTIV~ DATE. This Ordinance shall take effect immediately upon final passage. 04/02/93 10:41 ~ 40'/ 951 3'141 ~l~Sb, NASM et al ~ 04 The foregoing Ordinance was moved ~or adoption by Council Member The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank 0berbeck Council Member Carolyn Corum Council Member Norma J. Damp Council Member Robert Freeland The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1993. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. 0'Halloran, CMC/AAE City Clerk (SEAL) I HERE~¥ CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on %he day o~ , 1993, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, cMC/A~£ City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney City of Sebastian I POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 24, 1993 - 7:00 EM. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORiDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. Mayor Powell called the meeting to order 2. The Pledge of Allegiance was recited. 3. There was no invocation. at 7:00 p.m. 4. ROLL CALL Present: Also Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper city Engineer/PW Director, Dan Eckis Finance Director, Marilyn Swichkow Asst. Finance Director, Larry Napier City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting March 24, 1993 Page Two AGENDA MODIFICATIONS (ADDITIONS ANDIOR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). None. 6. ~ROCL]%MATIONS AND/OR ANNOUNCEMENTS Mayor Powell said the PTA is holding a golf' tournament on Saturday to benefit the Sebastian Elementary~School. 7. PUBLIC HEARING, FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. 93.085 Sebastian Lakes - ~erminate conceptual DeveloDment Plan and Consider Rezoninq /Staff Recommendation hated 3/18/93,. R-92-45) Mayor Powell opened the public hearing at 7:03 p.m. The Director of Community Development presented further information submitted by Sebastian Lakes Representative, Barbara Hall. (see attached). The City Attorney swore in Barbara Hall, Attorney-at- Law, Greenberg - Traurig, 515 East Los Olas Boulevard, Ft. Lauderdale, Florida, representing St. Paul Corporation, owner of the subject property, who reiterated issues addressed in the above referenced letter dated March 24, 1993, requested that the matter be held for sixty days to further negotiate a settlement and stated that $65,000 will be placed in escrow for Laconia Street at this time. 2 Regular city Council Meeting March 24, 1993 Page Three The City Attorney swore in Cheryl Frendlich, St. Paul Corporation, New York, New York, who addressed City Council. The Director of Community Development recommended concurrence with the extension. MOTION by Oberbeck/Freeland I would move to continue the public hearing on Sebastian Lakes and LacOnia Street to May 26, 1993. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Mayor Powell closed the public hearing at 7:18 p.m. 93.065 ORDINANCE NO. 0-92-07 - Rhodes (Sebastian Grove Holdings) Comprehensive Land Use Plan Amendment (Staff Recommendation dated 3/18/93, 0-92-07, DCA Letter dated 11/12/92, Findings of Facts) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY RURAL DISTRICT TO CITY LD (LOW DENSITY) DISTRICT FOR LAND LOCATED IN THE SOUTHWEST SECTION OF THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS, LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET AND NORTH OF THE SEBASTIAN RIVER FLOODWAY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (P & Z Public Hearing 1/16/92, 1st Reading 3/25/92, Letters to Property Owners 4/10/92, Advertised 1/4 Page 5/4/92, 1st Public Hearing 5/13/92, Transmitted to DCA 7/31/92, Council Review of Comments 2/10/93, Letters to Property Owners 2/19/93, Advertised 1/4 Page 3/17/93, 2nd and Final Public Hearing 3/24/93) The city Attorney read Ordinance No. 0-92-07 by title only and Mayor Powell opened the public hearing at 7:20 p.m. Regular City Council Meeting March 24, 1993 Page Four 93.066 Wayne Komara, 1690 Whitmore Avenue, Sebastian, requested information on procedures for this amendment. The Director of Community Development briefly explained the application and approval process and recommended adoption. Mayor Powell closed the public hearing at 7:25 p.m. and a brief City Council discussion followed. MOTION by Damp/Oberbeck I move that we approve Ordinance No. 0-92-07 which is Sebastian Grove Holdings to change from the County Rural District to City Low Density which would be City of Sebastian residential. ROLL CALL: Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 4-1 (Corum - nay) ORDINANCE NO. 0-9~-08 - Rhodes (Sebastian ~rove Estates) Rezoning (Staff Recommendation dated 3/18/93, 0-92-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE SOUTHWEST SECTION OF THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS, LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET AND NORTH OF THE SEBASTIAN RIVER FLOODWAY FROM COUNTY ZONING DISTRICT AG-1 (AGRICULTURAL) TO CITY ZONING DISTRICT RS-10 (SINGLE-FAMILY RESIDENTIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (P & Z Hearing 1/16/92, Held for 0-92-07, 1st Reading 3/25/92 and reread 2/10/93, Letters to Property Owners 2/19/93, Public Hearing 3/24/93) Mayor Powell opened the public hearing at 7:29 p.m. and the City Attorney read Ordinance No. 0-92-08 by title only. 4 Regular City Council Meeting March 24, 1993 Page Five The Director of Community Development briefly explained the rezoning. Wayne Komaro, 1069 Whitmore Avenue, and Fred Buechling, 1786 Laconia Street, Sebastian, addressed city Council. Mayor Powell closed the public hearing at 7:35 p.m. MOTION by Oberbeck/Damp I would move that we adopt Ordinance No. 0-92-08. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. oberbeck - aye Mrs. Corum - nay MOTION CARRIED 4-1 (Corum - nay) 8. PUBLIC IIfX, UT ON AGENDA ITEMS shirley Kilkelly, 950 Franciscan Avenue, Sebastian, spoke on item 93.111 regarding specimen tree removal and suggested alternatives to removal. Keith Miller, 961 Riviera Avenue, spoke on 93.091 Blossom Lake Park. 9. CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. ae Approval of Minutes - 3/10/93 Regular Meeting, 3/15/93 Special Meeting 93.014 Bid Award - Wave Street Construction - Fischer & Sons, Inc. - $18,456 (Staff Recommendation dated 3/15/93, Bid Tabulation) 93.100 Bid Award - Riverview Park Boardwalk - Capp Custom Builders, Inc. - $21,348.00 (Staff Recommendation dated 3/17/93, Bid Tabulation) 5 Regular City Council Meeting March 24, 1993 Page Six 93.101 D. 93.102 E. 93.103 F. 93.104 G. 93.105 H. 93.111 Waiver of Bidding Procedure - Sole Source - Technical Support Agreement - IBM RISC/6000 Computer System - $7,800.00 (Staff Recommendation dated 3/17/93, Agreement) Fraternal Order of Police - Request Rental Fee Waiver and Alcoholic Beverage Use - Community Center - Dances - 7/31/93 and 12/31/93 - Security on Hold - Permittee DOB 4/7/48 (City Clerk Recommendation dated 3/9/93, Hardison Letter dated 3/2/93, Application) Ordonez - Request Alcoholic Beverage Use - Community Center - Birthday Party - 4/24/93 - 4 p.m. to 10 p.m. - Security Paid - Permittee DOB 7/4/51 (City Clerk Recommendation dated 3/15/93, Application) Sebastian Panthers Youth Fundraiser Dance - Request Full Fee Waiver and Security Reduced to $100 for Community Center- 4/17/93 - 7 p.m. to 10:30 p.m. (City Clerk Recommendation dated 3/18/93, Raborn Letter dated 3/17/93, Application) RESOLUTION NO. R-93-10 - Abandonment of Easement Lots 26 & 27, Block 201, Unit 8 (R-93-10, City Engineer Memo dated 3/18/93, Application, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE PUBLIC UTILITY AND DRAINAGE EASEMENTS ON EAST SIX FEET OF LOT 27, AND THE WEST SIX FEET OF LOT 26, BLOCK 201, SEBASTIAN HIGHLANDS UNIT 8, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-12, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Sunshine Quality Construction, Inc. - Request Specimen Tree Removal - Lot 7, Block 52, Unit 2, Sebastian Highlands (Staff Recommendation dated 3/19/93, Application, Survey) The City Manager read the consent agenda in its entirety including title of Resolution No. R-93-10. Regular City Council Meeting March 24, 1993 Page Seven Mr. Oberbeck removed items F and I; Mr. Freeland removed items D and F; Mrs. Damp removed items F and I; and Mrs. Corum removed items A, E, F and I. MOTION by Oberbeck/Freeland I would move that we approve items B, C, G, and H of the consent agenda. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 ITEM A Mrs. Corum questioned whether the election of the Vice Mayor at the 3/15/93 Special Meeting was valid because it was not voted on. The city Attorney advised that since no other nominations were received, Vice-Mayor was elected. MOTION by Freeland/Powell I move that Mr. Oberbeck be our next Vice-Mayor. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - nay Mr. Freeland - aye MOTION CARRIED 3-2 (Damp and Corum nay) MOTION by Corum/Damp I move to approve item A with the adjustment. ROLL CALL: TAPE I - SiDE II (7:46 p.m.) Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 7 Regular City Council Meeting March 24, 1993 Page Eight Mr. Oberbeck said City Council should adhere to its procedural rules for items not on the written agenda. ITEM D The City Attorney said there was no conflict of interest in Mr. Freeland's vote on an IBM pUrchase, in accordance with 112.312(4) FS. MOTION by Freeland/Oberbeck I make a motion we accept item D. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 ITEM Mrs. Corum recommended that City Council workshop discussion of waiving fees for use of City facilities and suggested deferring item E until such time. MOTION by Oberbeck/Freeland I would move that we approve item E of the consent agenda. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay MOTION CARRIED 4-1 (Corum - nay) ITEM _F City Council members questioned whether an alcoholic beverage request for a sixteenth birthday party is appropriate. Regular city Council Meeting March 24, 1993 Page Nine MOTION by Freeland/Damp I make a motion that we allow use of the Community Center for a birthday party but deny alcoholic beverages be present. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 ITEM I Mr. Oberbeck suggested that staff evaluate relocation of trees scheduled for removal. Mr. Cormier, Sunshine Builders, said he would save the oak and work with the city to relocate trees. MOTION by Oberbeck/Damp I would move that we approve item I of the consent agenda to remove only two trees. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Mayor Powell called recess at 8:05 p.m. and reconvened the meeting at 8:20 p.m. Ail members of City Council were present. 10. PRESENTATIONS None. 11. MAYOR AND CITY COUNCIL MATTERS 93.106 ~or Lonnie R. Powell 1. Appoint ~emb~rs t__o Indian River County Boards ~ Clerk Recommendation dated ~/15/93) Mrs. Damp volunteered for the Economic Development Council. Mr. Freeland volunteered for the alternate position on the Transportation Planning Committee. Regular city Council Meeting March 24, 1993 Page Ten Mrs. Corum suggested that the Council of 100 be contacted to see if they want a representative. 93.107 2. Pendin~ Ci__~_y Council Items ~Pendin~ ~ Mayor Powell requested that City Council members review the list for the April 7, 1993 workshop. The City Manager said he would present comments. In response to Mayor Powell the Director of. Community Development said there is a special permit that can be issued to approve construction work beyond normal business hours under special circumstances. In response to Mayor Powell, the City Manager said he had contacted DER and had been informed that the city could approve an ordinance to adopt stricter water regulations, however, GDU franchise language states that DER standards prevails in this case. He said he would report further under his matters. B. ~ ~ Oberbeck Mr. Oberbeck inquired about City Attorney billing for Skydive Sebastian, drainage work being done by staff in the drop zone, work being done by staff on sleeves on U.S. 1; and expressed concerns for loss of golf course revenues. C. Mrs. Caro!¥n .Corum Mrs. Corum inquired about the air quality problem at the Police facility; and placed an item relative to ethics rules on the April 7, 1993 workshop agenda. D. Mrs. Norma Damp Mrs. Damp reported that there has been a pay phone installed outside of City Hall; and inquired about the City Attorney's billing. TAPE II - SIDE I (8:49 p.m.) E. Mr. Robert Mr. Freeland expressed his gratitude to all those involved in his election to office. Mr. Oberbeck inquired whether US Fish and Wildlife was due reimbursement from the City for Pelican Island Day funding. The City Manager said they were. 10 Regular City Council Meeting March 24, 1993 Page Eleven 93.108 12. CITY ATTORNEY MATTERS The City Attorney said a lengthy billing explanation is on file in the Finance Department for City Council review, and said he had provided a contract amendment to staff for placement on a future agenda. 13. CITY MANAGER MATTERS The city Manager reported on the Elkcam Seawall agreement, stating that all claimants had signed but one. The City Attorney said that the estate can be reopened, all signatures can be obtained in one week and advised that, if not done, a claim could be filed against the city at a later date. The City Manager said staff will make every effort to finalize the settlement. The City Manager said GDU has contacted Hartman and Associates stating that they wish to continue negotiations on April 8, 1993. F__inance Department Operation (Finance Director Recommendation date.d 3/18/93 w/ Attached Re~ The Finance Director justified her request for a full time computer operator, and at the request of City Council, read her memo to the City Manager dated March 15, 1993 (see attached). City council commended the Finance Director for her report. Mr. Oberbeck excused from 9:26 p.m. to 9:28 p.m. MOTION by Corum/Damp I make a motion for Council to approve a full- time computer operator position in place of the part- time clerical worker paid by the Utilities Department - working and reporting under Finance. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 11 Regular City Council Meeting March 24, 1993 Page Twelve 14. ~0,MMITTEE REPORTS/RECOMMENDATIONS Mrs. Corum said the Land Acquisition Committee has scheduled a field trip to see the Wabasso Scrub. 15. OLD ~SINESS 93.091 A. ~ Lake improvements ~ R~commendation dated ~ Casaqrande ~ dated 3/5/93. Drawinq and ~etition~ The City Engineer reiterated his recommendation for minor improvements to remove understory vegetation and seed and mulch the area. Mr. Oberbeck brought up the requests that were made by children in the area for a dock and boat launch and the city Manager concurred that he would like to see some benches placed in the area. TAPE II - SIDE I (9:35 p.m.) Mrs. Corum stated that there is concrete under the soil in the southwest area of the park and the City Engineer said he would look at it. It was the consensus of city Council to direct staff to proceed as recommended if able to do for approximately $500. 16. NEW ~U,SINESS 93.001 A__~ort Manaqer m Direct City Attornex to Prepare Ordinance to Further Extend Effective Date o~ Ordinance No. 0-92-14 for Ninety ~ .(City Manaqer Recommendation dated 3~!7~93, Van Antwerp Letter dated ~ The City Manager explained that the Airport Manager is actively attempting to sell his business and recommended that the ordinance be further extended. Following some discussion and a suggestion by Mrs. Damp, the City Attorney said an ordinance could be drafted to include language that any future managers not be required to be FBOs. The City Manager stated that there exists no conflict of interest with Mr. Van Antwerp acting as Airport Manager. 12 Regular City Council Meeting March 24, 1993 Page Thirteen 93.109 MOTION by Oberbeck/Freeland I would make a motion to direct the City Attorney to draft an ordinance to amend 0-92-14 to make it inapplicable to present personnel, Airport Manager, Mr. Van Antwerp. ROLL CALL: Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 4-1 (Corum - nay) ORDINANCE NO. 0-93-07 - Reimbursement of City Council Expenses (City Manager Recommendation dated 3/18/93) First Reading, Set Public Hearing for 4/14/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADMINISTRATION; AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN BY ADDING NEW SECTION 2-34 TO PROVIDE FOR REIMBURSEMENT OF EXPENSES OF COUNCIL MEMBERS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The city Attorney read Ordinance No. 0-93-07 by title only. MOTION by Corum/Damp I make a motion Council approves Ordinance No. 0-93-07 and set public hearing for April 14, 1993. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 13 Regular City Council Meeting March 24, 1993 Page Fourteen 93.110 C. 17. 93.013 92.189 Bid Award - Golf Course irriqation Pump System - French Enterprises. Ins..., ~ $58,963 (staff Recommendation dated 3/18/93. Bid Tabulation, GCS Memo dated 3/17/93. AlteFnate Proposal) Following a brief discussion, motion was made. MOTION by Oberbeck/Freeland I would move to award the bid for the golf course pump station renovations to the lowest and best bidder, French Enterprises, Inc., in the amount of $58,963.00. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay (changed to aye following roll call) Mrs. Damp - aye MOTION CARRIED 5-0. 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. ~ E~nfoush ~ Basketball Courts ..(.No Backup) Mr. Kanfoush, 1437 Seahouse Street, Sebastian, inquired about progress on basketball courts; and expressed concern about damage to private properties by large trucks during construction. The City Manager said basketball courts are on the City Engineer's project list. Mr. Oberbeck was excused from 10:10 p.m. to 10:12 p.m. Herbert Sturm - ~ ~n. forcement Board (No BackUD) Mr. Sturm, 549 Saunders Street, Sebastian, presented objections to Code Enforcement Board procedural matters. 14 Regular City Council Meeting March 24, 1993 Page Fifteen TAPE III - SIDE I (10:21 p.m.) City Council discussion followed. 18. Being no further business, Mayor Powell adjourned the meeting at 10:25 p.m. Approved at the Meeting. , 1993, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE city Clerk 15 City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES 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. Mayor Powell called the workshop meeting to order 7:03 p.m. 2. The Pledge of Allegiance was recited. at 3. ROLL CALL Present: Also Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland city Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Chief of Police, Earle Petty Asst. Finance Director, Larry Napier City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio City Council Workshop April 7, 1993 Page Two 4'. AGENDA MODIFICATIONS (ADDITIONS AND/OR Mrs. Corum removed agenda item #3 - 93.115 Community Center/Yacht Club Fee Waivers until further notice. 5. ~ROCLAMATIONS;ANNOU~.CEMENTS 93.112 Presentatiq~ Df Plaques to ~ Council Members Dr~ ~ R. Holvk and ~ G. Reid Mayor Powell presented plaques to former City Council members Dr. Peter R. Holyk and George G. Reid. Mr. Reid urged public participation in city government and Dr. Holyk concurred with that view. Mayor Powell presented an LA Dodger's 40th Anniversary baseball bat to the City Manager. 6. PUBLIC INPUT O._N_N 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. Ail citizens signed up chose to speak during the agenda items. 7. CONSENT AGENDA None. 8. MAYOR AND CITY COUNCIL MATTERS A. Vice-Mayor ~0berbeck The Director of Community Development reported on the Sebastian Lakes/Laconia Street proposed agreement and the City Attorney said he has received $65,000 and an escrow agreement. B. Mrs. CarolYn Corum Mrs. Corum discussed Disney's proposed Indian River County resort. City Council Workshop February 7, 1993 Page Three 93.113 93.114 93.115 1. Citv Counci~ ~ Arranqement (No Backup) Mrs. Corum suggested a revised City Council seating arrangement. MOTION by Freeland/Oberbeck I make a motion that we leave the seating as it is. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 4-1 (Corum - nay) ~ndian River County Proposed Ethics Rules ICitv ~ Recommendation dated 3131193j IRC Minutes~ Mrs. Corum briefly explained the county's proposed ethics code and suggested the city request the county to fine tune it and then consider adoption itself. A brief discussion ensued and Mayor Powell stated that he had borrowed money from a City employee and that the loan had been found to be legal prior to its execution. It was the consensus of City Council to direct the City Manager to contact Florida League of cities relative to ethics codes. Community Center/Yacht Club Fee Waivers ~ Clerk Recommendation dated 3/31/93, Related Resolutionsj 87/88 Correspondence/ Minutes, Orqanization List) This item was previously removed by Mrs. Corum. City Council Workshop February 7, 1993 Page Four C. Mrs. Norma Damp Mrs. Damp inguired about the directional signs at CR 512 and CR 510; status of the Elkcam Dam agreement; and status of the Macedonia Baptist church on Bob Circle. D. ~ ~obert Freeland Mr. Freeland inquired about trees at Hardee Park; congratulated Sal Neglia on his appointment as President of the Sebastian Highlands Property Owners Association; and presented a letter (see attached) regarding use of city time and materials for personal correspondence. Following a brief discussion, and input from the City Attorney, it was the consensus of City Council to establish a policy that no city property or time will be utilized by any individual for personal use and the City Manager said the policy will be enforced. TAPE I - SIDE II (7:49 p.m.) Mrs. Coru~ explained the letters she had sent to U.S. lawmakers as a representative of the City, LLrging approval for land acquisition. Mr. Freeland expressed concern about the March 1993 operating statement, particularly Golf Course revenues. The City Manager said he will review it and respond. Mr. Freeland suggested that a summary analyis be added to the monthly operating statement. Mr. Oberbeck said he will meet with the City Manager to discuss the operating statement. Mayor LonDie R. Powell Mayor Powell expressed concern about the content of Mrs. Corum's letters relative to land acquisition. 4 City Council Workshop February 7, 1993 Page Five 93.116 1. 93.107 Resolutions Nos. ~-8.9-.30 and R-89-59 Re: Procedures for Public Input and Introduction of Business Items ~ Clerk Recommendation dated 3/31/93, R-89-30 and R-89-59) Keith Miller, 961 Riviera Avenue, Sebastian, urged that City Council continue to allow the public to speak at meetings. Following City Council discussion and input from staff, it was the consensus of City Council to amend the existing resolution to do away with the term "non-agenda item", have no "Introduction of Business" on workshop agendas, allow individuals to introduce new business at the end of regular meetings if they have signed up that evening and regardless of whether they have signed up a week prior, and to give the City Manager leeway with copy costs for submitted agenda items. The City Manager said he would work with the City Clerk to draft a resolution. Pending Citv ~ Items (City Clerk Recommendation dated 4~1~93. ~ List wJCit¥ Manager Comments) Mr. Oberbeck inquired about items relative to stormwater and drainage utilities, airport leasing and acceptance of Stratton Avenue. The City Manager responded that there will be new matters developing on stormwater utility. The City Attorney said a proposed airport lease has been submitted to the City Manager. The City Manager responded to concerns expressed about Stratton Avenue. The City Attorney said item 92.213 relative to scrub jay habitat should be deleted. Mayor Powell called recess at 8:30 p.m. and reconvened the meeting at 8:45 p.m. Ail members were present. Mayor Powell announced the 2nd Annual Indian River County Victim's Rights vigil on April 27, 1993 and urged attendance. 5 City Council Workshop February 7, 1993 Page Six 9. CITY ATTORNEY MATTERS The City Attorney reported on his review of dedication of city land for parks. He said there is no specific Florida law pertaining to dedication and requested further input in light of the fact that there is a new City Council seated. Mr. Oberbeck explained the procedure that was used for the dedication of Riverview Park in 1980, however, the City Attorney said that dedication was probably not legally binding. TAPE II - SIDE I (8:50 p.m.) City Council discussion followed. It was the consensus of City Council that the City Attorney discontinue review of the matter at this time. 10. None. 93.117 11. WORKSHOP iTEMS Exchanq~ ~.lub of Sebastian - Request Use of ~verview Park - ~ ~ 5/22/93 ..(Staff ~.ecommendation dated 3/25/93. Wetherald Letter ~.a.ted 3/17,93) Mayor Powell noted that a member of the Exchange Club was present to address this item. MOTION by Oberbeck/Freeland I move that we allow this lady to address the Council. VOICE VOTE on the motion carried 5-0. Virginia Wetherald, Exchange Club, presented the request to City Council. MOTION by Oberbeck/Corum I would move that we approve the request of the Exchange Club of Sebastian for the use of Riverview Park on Saturday, May 22 to hold a carnival and that all standard conditions apply. (The motion implied use of the north property) 6 City Council Workshop February 7, 1993 Page Seven The Director of Community Development recommended that the group provide its own security and insurance. That language was added to the motion. The City Manager said once the north park property is improved, City Council may want to address its policy on use of that property. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 93.118 B. Yietnam Veterans of America - Request Use of ~ Park ~ .carnival ~ .5/20/93 throuqh ~ ~ Recommendation ~a~ed 3/25/93. McGhee Letter dated ~ Bill Tripp, 6225 5th Street, Vero Beach; Bernie McGhee, 2205 19th Avenue SW, Vero Beach, President Vietnam Veterans of America, Sebastian; and Sal Mancino, 1625 Whitmore Street, Second Vice President, Vietnam Veterans of America, Sebastian, addressed city Council. Bill Tripp said, due to the conflict in dates with the Exchange Club, WA will come back at a later date to request an alternate time. MOTION by Oberbeck/Damp I would move that we allow Vietnam Veterans of America to furnish staff with dates so they may have a benefit at a future date utilizing the Cavcorp property. VOICE VOTE on the motion carried 5-0. 93.119/ 92.140 Yacht Club Finqer Pier Extension ..f~taff Recommendation dated 3/24/93. Fev Letter dated The City Engineer gave a brief report on the proposed extension. Mr. Oberbeck suggested that new City Council members be given a complete packet of documentation prior to discussion of this item. 7 City Council Workshop February 7, 1993 Page Eight It was the consensus of City Council to defer the item to the next meeting. 93.120/ 92.060 Communications Tower - Proposed ~ Agreement and ~ Fee (Staff ~commendation ~ted ~ Chief ~emo dated 3,16/93. Propos.~d Aqreement. IRC Rate~ The Chief of Police stated that the department has received several requests for space on the tower. 93.121 City Council discussion ensued. It was the consensus of City Council that each request should be approved on a case by case basis. The City Attorney suggested minor amendments to the proposed lease. 1993 ~e for Elected Municipal Qfficials ~~lerk Recommendation dated 3/31/93~ Brochure) Mrs. Damp said she will pay her own way to the institute. MOTION by Oberbeck/Powell I would move that we approve the request of the two council people who requested to attend the seminar for the 1993 Institute for Elected Officials and if expenses are incurred and they are in line with the city allowances that we pick up the expenses. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 93.122 ~roposed ~ Rate Resolution (Staff Recommendation ~ated 4/1/93o. ~ ~ E_~ineer Memo dated 3/!9193, Sexton Memo dated 3f24/93o Revenue Recap, ~ Schedule) The Assistant Finance Director, Cemetery Sexton and City Engineer presented the request for Cemetery rate adjustment for lots and niches and recommended that cremains lot sales be discontinued. TAPE II - SiDE II (9:38 p.m.) City Council discussion followed. City Council Workshop February 7, 1993 Page Nine MOTION by Oberbeck/Freeland I would move that we accept the recommendations of staff and authorize them to proceed with the recommendations. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 93. 123 P_r~qposed Siqn 0rdi~$nce (Staff ~CQ.~mendation dated ~ Proposed Ordinance LanguaGe) The Director of Community Development briefly explained the proposed ordinance language. city Council concurred with grandfathering non- conforming signs, allowing and limiting off-premise signs/billboards to 32 square feet and designating them directional signs, and increasing facade signs to fifteen percent. 93.124 Proposed Waterway Ordinance Re: Motors Docks, Davits~ Etc. (Staff Recommendation dated 4/1/93. Promosed Ordinance Languaqe) The Director of Community Development briefly explained the proposed ordinance language. Mr. Oberbeck was excused from 10:10 p.m. to 10:12 p.m. Discussion ensued relative to transient live-aboards' length of stay. City Council concurred with 30 days' stay in a twelve month period. TAPE III - SIDE I (10:25 p.m.) 93. 020 I. pro.posed Animal (Pet) Ordinance (Staff Recommendation dated 4/1/93. ~ Ordinance) It was the consensus of City Council to choose option 1 of 18.29 with a maximum of 2 fowl, delete sections 18.30, 18.31 and 18.32. 9 City Council Workshop February 7, 1993 Page Ten 93.091 93.125/ 92.189 12. INTRODUCTION OF BUSINESS BY ~HE PUBLIC (Which is Not otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) A. Debra ~urbow Re: Blossom Lake ~ark (No Backup) Debra Curbow, Vernon Street, Sebastian, urged City Council to locate a basketball half-court at Blossom Lake Park and certain other amenities at no cost to the City. The City Manager said adjacent property owners had expressed objections. At 10:30 p.m., motion was made as follows: MOTION by Corum/Freeland I move to extend the meeting 10 minutes. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Staff was directed to meet with Mrs. Curbow and come 'back to City Council. The City Engineer requested input prior to bringing this item back to Council. Herbert Sturm R.e: Code Enforcement Board (City Manager Reco~endation dated 3/31,93~ Sturm Herbert Sturm, 549 Saunders Street, Sebastian, addressed City Council on Code Enforcement Board procedures. Mr. Oberbeck questioned Mr. Sturm regarding statements presented. The City Attorney advised City Council to wait for the appellate court's decisions and stated that he believes that Mr. Sturm is asking City Council to look at Code Enforcement Board general procedures. 10 City Council Workshop February 7, 1993 Page Eleven MOTION by Freeland/Powell I move to extend the meeting five minutes. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Wally Kramer, Micco, announced "Sebastian River Appreciation Day" on April 24th at Dale Wimbrow Park. TAPE III - SIDE II (10:50 p.m.) 13. Being no further business, Mayor Powell adjourned the meeting at 10:47 p.m. Approved at the , 1993, City Council Meeting. Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 11 RESOLUTION NO. R-93-12 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA~ VACATING, ABOLISHING~ ABANDONING AND DISCONTINUING THE PUBLIC UTILITY AND DRAINAGE EASEMENTS ON NORTH FIVE FEET OF LOT 12, AND THE SOUTH FIVE FEET OF LOT 13, BLOCK 82, SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-34, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY the City Council of the city of Sebastian, Indian River County, Florida, as follows: SECTION I That the City of Sebastian does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The north five feet of Lot 12, and the south five feet of Lot 13, public drainage and utility easement, Block 82, Sebastian Highlands Unit 2, according to the plat thereof, recorded in PBI 5- 34, Public Records of Indian River County, Florida. SECTION II Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTI,O~.~ This resolution shall be recorded in the public records of Indian River County, Florida. SECTION IV This resolution shall be in full force and effect immediately upon its passage. CITY OF SEBASTIAN, FLORIDA ATTEST: by: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE 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 , 1993. Kathryn M. O'Halloran, CMC/AAE ( S E A L ) (STATE OF FLORIDA) (COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally appeared and to me known as the persons described herein and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and seal in Indian River County, day of , 1993. Florida, this My Commission Expires Approved as to Form and Content: Linda M. Lohsl NOTARY PUBLIC, STATE OF FLORIDA AT LARGE Charles I. Nash, City Attorney I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: March 23, 1993 TO: Kathryn M. 0'Halloran City Clerk FROM: Daniel C. Eckis, P.~) City Engineer/Public ~w~s Director RE: Abandonment of Easement - North 5 ft of Lot 12 and South § ft of Lot 13, Block 82 Unit 2 I have reviewed the request for abandonment of easements and I have no objections to this adandonment being approved, for the construction of a single family residence. Should you have any further information, please feel free to contact our office. DCE:lk CITY OF SEBASTTAN APPLICATION FOR VACATION OF EASEMENT(S) (This request shall no be ~ted unless completed in fulll *ZnatvtdueZ, co~po~a~o~' 'eec. - ** o o gea~ bezow LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS: (Attach description on '~ttac~.ent "[! necessary) DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:' (This item to be filled in by Building Official) A~P~OX~MATE SI~E OF ~AS~ENT:~fee~ in length~in wid%h PURPOSE FOR REQUEST TO VA~T~ '(Explain in d~%all your need to release this easement) I HEREBY CERTIFY that I, the Applicant, own the real property on which the easement ! request to vacate exists, or I am authorized. to present this request to vacate by the owner of the real d~_.~rty* ~ Dat~ gned.(title, if any) ' " ~ ~ ~ D, r:ts,'w e,~F'- Corporate Seal " Please Print Name Here Attach hereto'the following: ( ) 1. Map, plat, survey, or clear draw~ngat least 8 ~/2".x 11" .showing the parcel of land on which the'easement exists, with parcel(s) of land adjacent to the easement requested to be vacated. SHOW THE EASEMENT CLF~RLY ON DRAWIN~ ( ) 2. Complete legal description of the parcel of lend oniwhicb (N/A) the easement exists if the full description cannot be ' placed on the lines provided above for the description. ( ) $. Written authorization of the owner of the parcel ~f~land (N/A) on which the easement exists if the applicant is not the owner. ( )4. ( N/A ) ( )5. ( )6. s-~'-i e :/aban~ap~ '" IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT. Attach e check or money order payable to "The City Of.:, '' Sebastian" upon submittal of this application to.the Office of the City Clerk. This application fee is not refundable. The fee ia 825.00. _ ~6,o ~-I~-PA -- OTHER: of th. city C*erk /Jq/ 3 .... ! I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Treasure Coast Council ) Agenda No. Of Local Governments ) i A pproved for Submittal I Cit, Manager~~--_ ) Dept. of Origin: City Manager ) ) Date Submitted: 04/08/93 ) ) For Agenda of 04/14/93 ) Resolution R-93-15 ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY,STATEMENT The City of Sebastian is a member of the Treasure Coast Council of Local Governments. A total of nine (9) separate governmental entities are members of the Council of Governments including the Cities of Ft. Pierce, Port St. Lucie, Sebastian, Stuart and Vero Beach and the Counties of Indian River, Martin, Okeechobee, and St. Lucie. Caroline Ginn, a member of the Vero Beach City Council, currently serves as Chairman of the Treasure Coast Council of Local Governments. She has requested all participating governmental entities to adopt a joint resolution which would establish the name of the Council, provide for the membership, powers, and the administration of the Treasure Coast Council of Local Governments. RECOMMENDED ACTION Move to adopt Resolution R-93-15. RESOLUTION NO. R-93-15 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING COMBINING WITH CERTAIN OTHER GOVERNMENTAL UNITS TO FORM A COUNCIL OF LOCAL GOVERNMENTS PURSUANT TO SECTION 163.02 OF THE FLORIDA STATUTES; AUTHORIZING THE MAYOR, CITY CLERK AND CITY ATTORNEY TO SIGN, ON BEHALF OF THE CITY, A JOINT RESOLUTION, ALONG WITH EIGHT OTHER GOVERNMENTAL UNITS, ESTABLISHING THE NAME OF THE TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS AND PROVIDING FOR MEMBERSHIP, POWERS AND ADMINISTRATION OF THE TREAURE COAST COUNCIL OF LOCAL GOVERNMENTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING SEVEI~tBILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.02 of the Florida Statutes provides for the creation of voluntary councils of local county and municipal public officials for the cooperative resolution of area and community problems; and WHEREAS, the Treasure Coast Council of Local Governments voted in May of 1992 to include the City of Sebastian, Indian River County, Florida, as part of its membership; and WHEREAS, the City Council, at its August 12, 1992 Regular Meeting concurred with the appointment of Mayor Lonnie Powell to represent the city of Sebastian on the Treasure Coast Council of Local Governments; and WHEREAS, the Treasure Coast Council of Local Governments has submitted a Joint Resolution for adoption by the nine member governmental entities and they are Indian River County, Martin County, St. Lucie County, Okeechobee County, Ft. Pierce, Port St. Lucie, Stuart, Sebastian and Veto Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. ESTABLISHMENT OF COUNCIL. The City Council hereby ratifies the establishment of the Treasure Coast Council of Local Governments of which the City of Sebastian shall be a member in accordance with the Joint Resolution, a copy of which is attached to in this Resolution as "Exhibit A", and incorporated herein by reference. Section ~.,.. AGREEMENT. The Mayor, city Clerk and City Attorney of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the Joint Resolution, a copy of which is attached to this Resolution as Exhibit "A", and incorporated herein by reference. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4- SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the city Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section ~. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved Councilmember seconded by Councilmember being put to a vote, the vote was as follows: for adoption by The motion was and, upon Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1993. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, City Attorney A:TCC-CCLR~$ RESOLUTION 93- A JOINT RESOLUTION BY AND BETWEEN THE CITY OF FORT PIERCE, THE CITY OF PORT ST. LUCIE, THE CITY OF STUART, THE CITY OF VER0 BEACH, THE CITY OF SEBASTIAN, FLORIDA MUNICIPAL CORPORATIONS; INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, AND ST. LUCIE COUNTY, SUBDIVISIONS OF THE STATE OF FLORIDA; ADOPTING AN AMENDMENT TO THE RESOLUTION UNDER WHICH A COUNCIL OF LOCAL GOVERNMENTS WAS FORMED; CHANGING THE NAME OF THE COUNCIL TO THE TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS; PROVIDING FOR THE MEMBERSHIP, POWERS, AND ADMINISTRATION OF SUCH COUNCIL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the residents of the area surrounding and proximate to the Treasure Coast are served by nine separate governmental entities, i.e.,: the municipalities of Fort Pierce, Port St. Lucie, Sebastian, Stuart, and Vero Beach; and the Counties of Indian River, Martin, Okeechobee, and St. Lucie, (hereinafter referred to as "Governments"); and WHEREAS, the Governments have many interrelating problems and needs which would best be resolved on a cooperative community basis, rather than by separate action, thus reducing duplication of costs and services; and WHEREAS, Section 163.02 of the Florida Statutes provides for the creation of voluntary councils of local county and municipal public officials for the cooperative resolution of area and community problems; and 1 WHEREAS, such an organization was established by resolution adopted by Joint Resolution Number 87-63 adopted July 7, 1987, by Indian River County; Joint Resolution Nun%her 87-811 adopted August 11, 1987, by Martin County; Joint Resolution Number 87-112 adopted June 16, 1987, by St. Lucie County; Joint Resolution Number 87-104 adopted October 19, 1987, by the City of Fort Pierce; Joint ResolutiOn Number 87-R58 adopted November 23, 1987, by the City of Port St. Lucie; Joint Resolution Number 57-86 adopted November 10, 1986, by the City of Stuart; and Joint Resolution Number 86-53 adopted October 21, 1986, by the City of Veto Beach. WHEREAS, the Okeechobee County Joined the organization in 1989 by adoption of the Governments of an amendment to the agreement establishing the Tri-County Council of Local Governments; and WHEREAS, the City of Sebastian elected to join the Council in 1992 by action of the City Commission. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY; THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY; THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, AND THE BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY; THE CITY COMMISSION OF FORT PIERCE; THE CiTY COMMISSION OF PORT ST. LUCIE; THE CITY COMMISSION OF STUART; THE CITY COMMISSION OF SEBASTIAN, AND THE CITY COUNCIL OF VERO BEACH; THAT: Section 1 - Ratification and Expansion. The Governments hereby ratify the establishment of a Council of their respective governments in accordance with Section 163.02, F.S. and the terms of this Joint Resolution. Section 2 - Name Chanqe. The name of the Council, formerly "The Tri-County Council of Local Governments," is hereby amended to the "Treasure Coast Council of Local Governments," (hereinafter referred to as "the Council"). Section 3 - Representation on Council. The representative from each member local government shall be the elected chief executive of said local government or, if such government does not have an elected chief executive, a member of its governing body chosen as appointed by such body to be its representative, in the event the designated representative is unable to serve, the local government shall select an alternate member from its elected legislative body. Each member, through its duly authorized representative, shall have one, vote. Any member government may withdraw from the Council and General Assembly upon sixty (60) days notice to the Council. Section 4 - Representation on General Assembly. All elected city and county officials from the Governments shall be members of the General Assembly. The General Assembly shall meet at least annually and shall elect the Chairman, Vice Chairman, and Treasurer of the Council. 3 Section 5 - Purposes. The purpose of the Council shall be to study such area-wide governmental problems as it deems appropriate, including but not limited to matters affecting health, safety, welfare, education, economic conditions, and area development; to promote cooperative arrangements and coordinate action among its members; and to make recommendations for review and action to the members and other public agencies that perform local functions and services within the area. Section 6 - Finance and Administration. (a) The Council may accept funds, grants, gifts, and services from the State of Florida, from any other governmental unit whether participating in the Council or not, from the government of the United States, and from private and civic sources. (b) Each representative shall have the duty to regularly report Council matters to the representative's member government. The Council shall make an annual public report of its activities to each of the member local governments and shall have its accounts audited annually. (c) That each government does hereby authorize the payment of an annual assessment to the Council not to exceed $500.00 per year. (d) That each government shall separately consider, and if approved, authorize the payment of any special assessments recommended by the Council. Section 7 - ~ylaws. The Council shall adopt bylaws designating the officers of the Council and providing for the conduct of its business. Section 8 - Amendment. This resolution and the agreements thereby affected may only be amended by a joint resolution of the governing bodies of all members. Section 9 - Effective Date. This resolution shall become effective upon final passage by each of the parties hereto. 5 INDIAN RIVER COUNTY PAS~EDANDADOPTED by Resolution Number day of , 1993. this ATTEST: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Clerk Chairman Approved as to form and legal sufficiency: County Attorney 6 ST. LUCIE COUNT~ PASSED ANDADOPTED by Resolution Number day of ...... , 1993. this ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Clerk Chairman Approved as to form and legal sufficiency: County Attorney MARTIN COUNTY PASSED ANDADOPTEDbyResolution Number day of , 1993. this ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA Clerk Chairman Approved as to form and legal sufficiency: County Attorney OKEECHOBEE COUNTY PASSED AND ADOPTED by Resolution Number day of , 1993. this ATTEST: BOARD OF COUNTY CObIMISSIONERS OKEECHOBEE COUNTY, FLORIDA Clerk Chairman Approved as to form and legal sufficiency: County Attorney 9 CIT~ OF FORT PIERCE PASSED AND ADOPTED by Resolution Number day of , 1993. ATTEST: THE CITY OF FORT PIERCE City Clerk Mayor Approved as to form and legal sufficiency: City Attorney 10 this CIT~ OF PORT ST. LUCIE PASSED AND ADOPTED by Resolution Number day of · 1993. this ATTEST: THE CITY OF PORT ST. LUCIE City Clerk Mayor Approved as to form and legal sufficiency: City Attorney 11 CIT~ OF STUART PASSED AND ADOPTED by Resolution Number day of , 1993. ATTEST: THE CITY OF STUART City Clerk Mayor Approved as to form and legal sufficiency: City Attorney 12 this CITY OF VERO BEACH PASSED AND ADOPTED by Resolution Number day of , .., 1993. ATTEST: THE CITY OF VERO BEACH City Clerk Mayor Approved as to form and legal sufficiency: City Attorney 13 this CITX OF SEBASTIAN PASSED AND ADOPTED by Resolution Number day of , 1993. ATTEST: THE CITY OF SEBASTIAN City Clerk Mayor Approved as to form and legal sufficiency: City Attorney 14 this I City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: Appoint Wendy Widmann as City's Americans With Disabilities Act (ADA) Coordinator APPROVED FOR SUBMITTAL BY: City Manager:~~ AGENDA NO. ~-/~0 Dept. Origin PERSONNEL Date Submitted 4/01/93 For Agenda Of 4/14/93 Exhibits: Widmann memo, dated 3/26/93 EXPENDITURE REQUIRED: None AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY STATEMENT 1. The City Council needs to appoint an ADA Coordinator to carry out the requirements of the Americans with Disabilities Act (ADA). 2. The City Council needs to appoint a committee to work with the ADA Coordinator to determine the accessibility of the City's programs and services. RECOMMENDED ACTION Move to appoint Wendy Widmann, Personnel Director, as the ADA Coordinator and to utilize the Handicapped Self Evaluation Committee to determine the accessibility of the City's programs and services. City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 INTER-OFFICE MEMORANDUM TO: FROM: ROBERT S. Mc.~Y, CITY .MANAGER WENDY WIDMANN, PERSONNEL DIRECTOR DATE: MARCH 26, 1993 RE: ADA AME~S WITH DISABILITIES ACT The employment section of ADA has been in effect for cities and towns since January 26, 1992. The following is a summary of actions we need to take or are currently taking: Update job descriptions, application forms and interview methods. Application form revised 3/12/93 - going through review process; training for supervisors on ADA and interview process scheduled for 4/23/93; update job descriptions - departmental project - goal to be completed within six'months. 2. Separate medical records from personnel records. Jean and Sally are in the process of doing. be separate by the middle of April. Records should 3. Designate an ADA coordinator. We probably need to put this on t_he Agenda for a City Council meeting to formally name the Personnel Director (or whomever) as the ADA Coordinator. 4. Post public notices. Jean will write away to EEOC to get a free poster this week. 5. Prepare a self-evaluation plan. (Should have been done by January 26, 1993) The Mayor or the City Manager should appoint a committee to work with the ADA Coordinator to assess the city's programs and services. The plan must be distributed for public comment. 10. Prepare a transition plan. (This is due 7/26/93) The Mayor or the City Manager should appoint a committee to identify all city owned structural changes needed as well as public walkways, restrooms, parks. I recommend Bruce Cooper, or his designee, to assist in identifying all structural changes needed on city-owned property and the dates ~he changes (if any) can be implemented. Disabled persons should also participate in t_his process. 7. Adopt a formal grievance/complaint procedure. The Personnel Director will prepare a draft grievance/complaint procedure by the end of April. ADA 8. Equip systems with TDDs. cities must equip emergency systems to receive calls from TDDs an~ computer modems. The Police Department currently receives 911 calls through the Sheriff's DeparTment, so they do not have a TDD. If telephones are a major function of any department, such as Clerk's office or the Utility Department, a TDD should be accessible. The transition plan should address the City's needs. 9. Adopt a compliance resolution. Once most of ~he above is completed, the City should publicly state they have reviewed their employment policies, conducted a self evaluation and transition plans, etc. and invite public comment. Document the efforts. Keep everything documented in writing to show our good faith efforts. Ail public meetings should have the followinq or similar phrase placed on the public notice: IN COM~LIANCEWITHTHEAMERICANSWITHDISA~ILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOHMODATION FOR THIS MEETING SHOULD CONTACTTHE CITY'S ADA COORDINi%TOR AT $89-5330 AT LEAST 48 HOURS IN ADV]kNCE OF THE MEETING. *indicates action needed by City Manager. CODE ENFORCEMENT BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA iN THE ~ATTER OF= Timothy Miller and Betty Miller 1782 Starfish Lane Sebastian, FL 32958 LEGAL DESCRIPTION= CASE NO. 93-7680 Lot 22, Block 401, of SEBASTIAN HIGHLANDS UNIT [11, of Indian River County, Florida. ORDER FINDING VIOLATION THIS CAUSE originally came to be heard after due Notice to the Respondent at a violation hearing conducted by the Code Enforcement Board of the City of Sebastian on 3/17/93 regarding violatlon of the Code of ordinance or the Land Development Code of the City of Sebastian prohibiting/describing unlawful storage of a Junk vehicle. Specifically the vlolatlon involved Section 86-47. FINDINGS OF FACT The Board determined upon the evidence presented that Timothy Miller and Betty Miller did unlawfully store a Junk vehicle in vlolation of the above-referenced ordinance. CONCLUSIONS OF LAW The above-referenced individual was found to be in violation of said ordinance and no fine was levied because the violation was corrected. 1. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY THE CODE INSPECTOR, Robert Nicholson, WHO SHALL DIRECT AN INSPECTION OF THE PROPERTY AND NOTIFY THE CODE ENFORCEMENT BOARD Ag TO CORRECTION OF THE VIOLATION. 2. If Respondent causes a reoccurrence of the vlolation, this Board shall reconvene in the Council Chambers to hear further evidence on the issue of compliance and to impose a fine of up to the maximum amount of $500.00 per day for each day the violation continues. In the event of a future violation of this order after the aforementioned date, Respondent shall be renotified of a new compliance hearing, at which the Board will review the determined to have again occurred. 3. TAKE NOTICE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST YOU CONSTITUTES A LIEN AGAINST THE REAL PROPERTY UPON WHICH THE VIOLATION EXISTS, OR IF YOU DO NOT OWN THE PROPERTY, TEEN AGAINST ANY REAL OR PERSONAL PROPERTY WHICR ~OU DO OWN. YOUR CONTINUED NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS OF YOUR PROPERTY. THEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO COMPLY WITHIN THE STATED TIME, PLEASE NOTIFY TEE CODE INSPECTOR IMMEDIATELY. DONE AND ORDERED thia ~,~. day of~_6~._, 1993. ATTEST: Secretary chairman Code Enforcement Board Nunc Pro Tunc CODE ENFORCEMENT BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA IN TEE MATTER OF~ Mr. John Garvey 1674 Quaker Lane Sebastian, FL 32958 LEGAL DESCRIPTiONs CASE NO. 93-7618 Lots 10 and 11, Block 334, SEBASTIAN BIGBLANDS UNIT ~13, of Indian River County, Florida. ORDER FINDING VIOLATION TBIS CAUSE originally came to be heard after due Notice to the Respondent at a violation hearing conducted by the Co~e ~nforcement Board of the City of Sebastian on 3/17/93 regarding violation of the Code of Ordinance or the Land Development Code of the City of Sebastian prohibiting/describing unlawful blockage of natural water flow altering drainage cf the swale. Speclflcally the violation involved Section 26-2. FINDINGS OF FACT The Board determined upon the evidence presented that Mr. John Garvey did alter the natural drainage swale in violation of the above-referenced ordinance. CONCLUSIONS OF LAW The above-referenced individual was found to be in violation of said ordinance. That the blockage shall be cured within thirty (30) business days or a fine of $50.00 per day is levied and not to exceed the amount of $500.00. ORDER 1. UPON COMPLIANCR, RESPONDENT SHALL NOTIFY TEE CODE iNSPECTOR, Robert Nicholson, W~O SHALL DIRECT AN INSPECTION OF TEE PROPERTY AND NOTIFY TEE CODE ENFORCEMENT BOARD AS TO CORRECTION OF TBE VIOLATION. 2. If Respondent causes a reoccurrence of the violation, this Board shall reconvene in the Council Chambers to hear further evidence on the issue of compliance and to impose a fine of up to the maximum amount of $500.00 per day for each day the violation continues. In the event of a future violation of this order after the aforementioned date, Respondent shall be renotifled off a new compliance hearing, at which the Board will review the evidence and impose %he fine provided herein if said violation is determined to have again occurred. 3. TAKE NOTICE T~AT ANY FINE IMPOSED BY TEIS BOARD AGAINST YOU CONSTITUTES A LIEN AGAINST TEE REAL PROPERTY UPON W~ICE T~E VIOLATION EXISTS, OR IF YOU DO NOT OWN T~E PROPERTY, TEEN AGAINST ANY REAL OR PERSONAL PROPERTY W~IC~ YOU DO OWN. TOUR CONTINUED' NONCOMPLIANCE CAN RES~LT IN FORECLOSURE, JUDICIAL SALE, AND LOSS OF YOUR PROPERTY. TEEREFORE, IF FOR AN~ REASON TOU ARE UNABLE TO COMPL~ WITNIN T~E STATED TIME, PLEASE NOTIF~ TNE CODE INSPECTOR IMMEDIATELT. DONE AND ORDERED this ~Q~ daf of ~76~- , 1993. Code Enforcement Board Nunc Pro Tunc ATTEST ~Jecreta~ CODE ENFORCEMENT BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA IN TB~ MATTER OF: Mr. David A. Kozdra 790 vocelle Avenue Sebastian, FL 32958 L~GAL DESCRIPTION: CASE NO. 92-7475 Lot 3, Block 117, SEBASTIAN ~IGHLANDS UNIT ~2, of Indian River County, Florida. ORDER FINDING VIOLATION THIS CAUSE originally came to be heard after due Notice to tbe Respondent at a violation hearing conducted by the Code Enforcement Board of the City of Sebastian on 3/17/93 regarding violation of the Code of Ordinance or the Land Development Code of the City of Sebastian prohibiti,g/describing installing of an alarm without a permit. Specifically the violation involved Section 39-36. FINDINGS OF FACT The Board determined upon the evidence presented that Mr. Kozdra had installed an alarm wlthout a permit in violatlon of the above-referenced ordinance. CONCLUSIONS OF LAW The above-referenced individual was found to be in violation of said ordinance and a fine was levied in the amount of $50.00. ORDER 1. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY THE CODE INSPECTOR, Robert Nicholson, WHO SHALL DIRECT AN INSPECTION OF THE PROPERTY AND NOTIFY THE CODE ENFORCEMENT BOARD AS TO CORRECTION OF T~E VIOLATION. 2. If Respondent causes a reoccurrence of the violation, this Board shall reconvene in the Council Chambers to hear further evidence on the issue of compliance and to impose a fine of up to the maximum amount 6f $500.00 P~ day for each day the violation continues'. In the-event of a futu~ vlolation of this order after the aforementioned date, Respondent shall b~ re~otifled of a new compliance hearing, at which the Board will review the evidence and impose the fine provided herein if said violation is evidence and impose the fine provided herein if said violation is determined to have again occurred. 3. TAKE NOTICE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST YOU CONSTITUTES A LiEN AGAINST THE REAL PROPERTY UPON WEICH THE VIOLATION EXISTS, OR IF YOU DO NOT OWN THE PROPERTY, THEN AGAINST ANY REAL OR PERSONAL PROPERTY WHICH YOU DO OWN. YOUR CONTINUED NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS OF YOUR PROPERTY. THEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO COMPLY WITHIN THE STATED TIME, PLEASE NOTIFY THE CODE INSPECTOR IMMEDIATELY. DONE AND ORDERED this ~- day of~~ 1993. Code Enforcement Board Nunc Pro Tunc ATTEST Secketary i City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Seed and Mulch Sealed bids Approved for Submittal By: City Manager ~~ ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda of ) ) Exhibits: ) EXPENDITURE AMOUNT ENG/P~ 04-06-93 04-14-93 APPROPRIATION REQUIRED: BUDGETED: SUMMARY STATEMENT REQUIRED: One bid was received for seed and mulch from Nail Farms, Inc. in the amount of $ 0.18 SY. Nail Farms as you know has supplied the City before with seed and mulch and we have found them to be extremely reputable and timely in answering all requests for service. RECOMMENDED ACTION Move to award bid for seed and mulch to Nail Farms, Inc for $ 0.18 per SY. I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 BID TABULATION CITY OF SEBASTIAN BIDS DUE April 6th, 1993 2:00 P.M. CONTRACTQR/VENDOR ITEM 'DESCRIPTION Nail Farms Inc. Seed and Mulch NO OTHER BIDS WERE RECEIVED TOTAL $0.18 S¥ i i City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT= Bid Award For 8,000 Pounds of Crusade Insecticide ) ) Dept. of Origin: Finance (LWN) Approval For Submittal By= I Cit~ Manager= /~ L- I EXPENDITURE ~OUNT Date Submitted: 4/08/93 For Agenda Of: 4/14/93 Exhibits: Bid Tabulation APPROPRIATION REQUIRED= $2,200 BUDGETED: $35,000 REQUIRED: SUMMARY STATEMENT Four bids were received for 8,000 pounds of Crusade Insecticide for the Golf Course. Two were "no bids" and the apparent low bidder, Harrell's Inc. of Lakeland bid $.90 per pound° Lesco Inc. bid 92 1/2 cents per pound. Adequate funds are budgeted and available in the Golf Course Fund. RECOMMENDED ACTION Move to award the bid for 8,000 pounds of Crusade Insecticide to the lowest and best bidder, Harrell's Inc. of Lakeland at a cost of $.90 per pound for a total cost of $7,200. 0 I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MEMORANDUM DATE; TO: April 7th, 1993 Mayor and City Council THROUGH: Bruce Cooper Director of Community Development FROM: Planning and Zoning commission~ RE: Membership Resignation - Norma Damp Please be advised that at the March 18th, 1993 meeting of Planning and Zon±ng, the commission made a motion to accept the resignation of Norma Damp due to her election to the Sebastian City Council. Should you need any additional information or have any questions, please feel free to contact me. pzact.doc March !0, 1993 Sebastian City Council City Hall P.O. Box 780127 Sebastian, F1 32958 Dear City Council Members: This is to inform you of my resignation, effective Monday March 15, 1993, from the Planning and Zoning Board. This is required due to my recent election to the Sebastian City Council. Sincerely, Norma Damp ! I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE ANDO BUILDING CORP. Approved For Submittal By: City Manager Agenda Number: Dept. Origin: Community Development Date Submitted: 04/07/93 (B~ For Agenda Of: Exhibits: 04/14/93 Application for Tree Removal dated 04/01/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Pursuant to the City Council's direction at its regular meeting of May 22, 1991, the City of Sebastian Building Department requires a tree removal permit to be obtained prior to removal of trees. The applicant., Ando Building Corporation, is requesting removal of one specimen tree on a property at 776 Ellingsen Ave. Lot 2, Block 84, Sebastian Highlands Unit 2). The tree (one 22 inch diameter pine) are located near the site of th~. proposed construction of a new home and driveway. RECOMMENDED ACTION Move to approve the removal of one 22 inch diameter pine located on Lot 2, Block 84, Sebastian Highlands Unit. 2. CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND -- --R~HovA~. A~D/OR RELOCATION~ TREES CONT~ACTO~ AND0 BUILDING CORPORATI0~ ' ADDRESS~ P 0 BOX ~'3S6 "V~R0"~Auff' t-~-' · ........... Zi- - ' ' ~ ' ~ SUB-CONTRAcTo~ H~RY.~"'FISCHER AND SONS ' ADDRESS~. P.O. BOX., 780~8 SEBASTIAN. FL~: 3297~. ..... ~IP REASON FOR THE PER~IT= CLEARING . I cert~f~ tha~ all the forenoon9 ~n~or~at~on. is aocurate and ~hat all ~ork ~ill be ~one ~n compliance ~th the. Land Development Code ( Article XIV ) , . S~natur~- ~~~~ ~ ~a~et~r or more), Indica~o ~)ich ~rees go ~e removed and/or relocated, Indicate [he each ~ree, hll specimen ~rees (20 ~nch d~ameter ~ore) to be remove~ or r, loeate~ ~u~ obtain ~h~ approval o~ ~he.Sebas[~an C~t~ Council, .~ surve7 relat~on~nd~c~ingtoall ~prove~ents mus~ be. sub~t~d the removal of the specx~en trees. 2. A~plicant must tag all specxm~n~ ~rees with a bright rxbbon around the tree approxxma~ely 6 feet above "' the grade. APPROVED FOR PERMIT~ ~E~t ~ -. ~" HOST OBTAIN CITY COUNCIL APP~OVAL~ YES=~ NOz IF Y~S, DATE OF. C]T~ COUNCIL Agg~OVALz. City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589°5330 ~ FAX (407) 589-5570 NOTICE REFERENCE~ LOT ~- , BLOCK~. UNIT, ~j PARCEL# ~--~ / ~ 5.~ ~ D oOo'~ -034 ~.~qo~ Your project may be within habitat utilized by the Florida Scrub Jay, a bird on the federal threatened species list. Therefore, the City of Sebastian recommends that before initiating any development activity, including land clearing, you contact the United States Fish and Wildlife Service (USFWS) at (904)-791-2580 for required consultation under the Endangered Species Act. According to the USFWS, this consultation must occur because of the requirements of the Endangered Species Act (16 U.S.C. 1531-1543) regarding the responsibilities in protecting endangered and threatened species. The Endangered Species Act and implementing regulations found in 50 CFR Part 17, prohibit the "take" of any endangered or threatened species without Federal authorization. Take is defined to include, among other activities, the harassment or harming of wildlife and plants regulated under the law. Further, any activity or omission, including disruption or modification of habitat occupied by a threatened or endangered species, which significantly alters the behavior or creates the likelihood of injury or death, may constitute a violation of the Endangered Species Act. "Activity" in this context can include, according to the USFWS, actions of local governments. The City of Sebastian has no authority to issue the permits required by the Endangered Species Act with regard to Scrub Jays. The City of Seb~stian's approval of should therefore not be/construed to authorize may vio~te t~e Endange~ed..Species Act. ack~blidgem~n{ Bruce Cooper . Director of Community Development Attachment to Landcleartng Permit your project actions that SKETCH OF SURVEY e.,-: ANEO BUILDING CORPOP, ATIO~ LOT 2, BLCCK 84 SEBASTIAN ltlGIU.ANDS UNIT 'iWO ACCORDING TO TI~ PLAT "fI~REOF AS · RgCORDED IN PLAT BOOK 5, PAGgS 34-37 PUBLIC RECOROS OF INDIAN RIVER,CCONTY,' ' FLORIDA. ' SECTION 12, 'rcx~StilP 31SOOTH, RANGE 38E. AST, TANK BLOC LOT 14 WELL LOT i 3 WELL , HOUSE H O USE BO~ LfflLITY ANO D~A I HAG E lENT LOT Z El LOCK 64 .:' FORTH WALTER L MOYER 1789 CAbDVA ~TRggT N,g. PAg~ ~y, FLORIDA 32909 SURVEYOR'S NOTES BF~RINOS REFERENCE ~ F. LLiN~.~E N AVENUE ~ ~EING ~l~e~ ~aee~L /20123'~76-E I LO} { 2 VACANT ABB~'VA TIONS LS' LAND PINE 'IREE LOT I ~- ..... 8LOCK 64 eaO~:'O"a'O FIN. FLOOR VACA Iq T OD+. PROP, LSE TANK 30' PROPOSED DR. NNRELD LOT _% (~LO CK ~,4 VACANT N EAST r~ ................ . , ~. ,.~'~; .,. ~.,... ,.~ ,...: ..... ., ...,.,,.: ..,,.~ ,,.,.~ .~.-.,, ~ .............. .... ~L"::':'::':'::'':r ' ~, r_'l , ~.~r- C~.~'.,,,-.::;;~;~;:::~,',,,-.,;,._' ~ I ' 430 12r ~UT'' :: ': ~ ,"~ ~''~'~''~~A~'~ ...... ~ ,: ............ '.~ ~ '....:...,... ,~...;.,..,~...:,:. _ .' . . . fi- ' , "~ "" ' "' - ' ~ ' '.. ' ..... '"'" ....' '" ' ..... '".,'-; "",~'.",.' ' -'/.-~-..-.~NC~ ,., ,.... ':' :.- · LOT ~-t0U5 E "'  S EPTIC T AHK I HEREBY C~RTIFY shuc r. hiG ~KETCH OF ~URVEY ii ~urre~t ~ She WALTER L MOYE~ REGISTERED LAND SURVEYOR NO 2828 STATE OF :TEP LOT I 2 LOT 11 HOUSE VACANT Scale 1" - 201 Date City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE TOZZOLO BROS. Approved For Submittal By: city Manager ~"~~~--'-- Agenda Number: ~3-/~& Dept. Origin: Community Development Date Submitted: 04/07/93 (B~ For Agenda Of: Exhibits: 04/14/93 Application for Tree Removal dated 04/01/93 EXPENDITURE AMOUNT REQUIRED: BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT iPursuant to the City Council's direction at its regular meeting of May 22, 1991, the City of Sebastian Building Department requires a tree removal permit to be obtained prior to removal of trees. The applicant, Tozzolo Brothers, is requesting removal of one specimen tree on a property at 193 Abetto Terrace (Lot 18, Block 393, Sebastian Highlands Unit 11). The tree (one 24 inch diameter pine) is located in the proposed location of the driveway. RECOMMENDED ACTION IMove to approve the removal of one 24 inch diameter pine located on Lot 18, Block 393, Sebastian Highlands Unit 11. CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND REMOVAL AND/OR RELOCATION OF TREES BLOC~ NO.: g5 3 UNIT STREET ADDRESS: LOT NO.: I% SUBDIVISION: CONTRACTORs ADDRESS:~ PHONE: SUB-CONTRACTORs ADDRESS: PHONE: " It I certify that all the foregoing information is accurate and that all work will 'be done in compliance with the Land Development Code ( Article XIV ) Signature APPLICATION MUST INCLUDE: 1. m On a survey, locate all specimen trees (20 inch diameter or more). Indicate which trees to be removed and/or relocated. Indicate the species of each tree. All specimen trees (20 inch diameter or more) to be removed or relocated must obtain the approval of the Sebastian City Council. A survey indicating all improvements must be submitted in relation to the removal of the specimen trees. Applicant must tag all specimen trees with a bright ribbon around the tree approximately 6 feet above the grade. office Use Only SITE INSPECTION BY{ff~ DATE:~ APPROVED FOR PERMIT:'y~S: ' NO: MUST OBTAIN CITY COUNCIL APPROVAL: YES: ~ NO: IF YES, DATE OF CITY COUNCIL APPROVAL: City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589*5330 u FAX (407) 589-5570 REFERENCE, NOTICE PARCEL# Your project may be within habitat utilized by the Florida Scrub Jay, a bird on the federal threatened species list. Therefore, the City of Sebastian recommends that before initiating any development activity, including land clearing, you contact the United States Fish and Wildlife Service (USFWS) at (904)-232-2580 for required consultation under the Endangered Species Act. According to the USFWS, this consultation must occur because of the requirements of the Endangered Species Act (16 U.S.C. 1531-1543) regarding the responsibilities in protecting endangered and threatened species. The Endangered Species Act and implementing regulations found in 50 CFR Part 17, prohibit the "take" of any endangered or threatened species without Federal authorization. Take is defined to include, among other activities, the harassment or harming of wildlife and plants regulated under the law. Further, any activity or omission, including disruption or modification of habitat occupied by a threatened or endangered species, which significantly alters the behavior or creates the likelihood of injury or death, may constitute a violation of the Endangered Species Act. 'Activity" in this context can include, according to the USFWS, actions of local governments. The City of Sebastian has no authority to issue the permits required by the Endangered Species Act with regard to Scrub Jays. The City of Sebastian's approval of your project should therefore not be construed to authorize actions that may violate the Endangered Species Act. Acknowledgement Bruce Cooper Director of Community Development Attachment to Landclearing Permit scrubjay.wp I I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [~ FAX (407) 589-5570 I I I i SUBJECT: Stevens Wedding Reception ) - Use of Community Center ) ) ) Approved For Submittal By: City Manager /~~'-- ) Dept. Origin ~ Clerk~.~'a Date ~ 3/22/93 For Aqenda Of 4114/93 ~xhibits: application dated 3/22/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: I I I I I I i I I SUMMARY ~TATEMENT The City of Sebastian has received a request from Deonna Stevens for use of the Community Center on May 1, 1993 for a Wedding Reception. They are requesting the use of alcohol at this event. ~NDED ACTION Move to approve the request for use of alcohol. CITY OF SEBASTIAN , /P.~AL PERMIT APPLiCCATION I Number of m 2) ~e I I APPROVED / DiSAPPRO~ ~ o,.~, ~ or Cash Rental Fee paid on (date) in the amount of ~ o.~k , or Cash initial Alcoholic Beverage Request beard at the Council Meetin~ on (date)· Request APPROVED / DENIED. Fee Waiver Request heard ag the Council Heetin~ on (date). Request APPROVED / D~IED. Key Pickup Date Key Return Date Security .De,sit returned by City Check { amount of on in the ]date) I i I I I ! I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: Century 21 Realty King for Easter Seals - Golf Awards Banquet-Use of Community Center Approved For Submittal By: City Manager )) Agenda No. ~3./~~J ) Dept. Origin City Cler~ ) ) Date Submi~tgd 3/24/93 ) ) ~or Aqenda of .4/14/93 ) ) Exhibits: application dated 3/22/93 ) letter dated 3~22~93 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request from Century 21 Realty in support of the Easter Seal Society of East Central Florida to hold a Golf Awards Banquet at the Community Center on May 29, 1993 between the hours of 6:00 P.M. AND 12:00 AM. A security deposit of $250.00 has been submitted. They are requesting a waiver of all rental fees and permission to serve alcohol at this event. This is a charitable event and all proceeds will be going to The Easter Seal Society of East Central Florida. RECOMMENDED ACTION Move to approve the request for waiver of all rental fees and the use of alcohol. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION Name of Rearer / 0r~izatioa CENTURY 21 Realty Kin~/Easter Seals Namer of Persons constituting group or orgmfization: 150 Requested Date Ma y 2 9 / 9 3 ?it~ of K~: Fro~ 6pm ?~ 12am 1) Are kitc~m facilities re~e4? Yes 2) Are ~m a resident d Setmstim? Yes ~) ~ demreti~ be pet ~p? No ~) ~ t~ere be n .=d~inioe or ~or charge? No 5) Will 8].CO~OliC beverages be S~? Yes (aY if ~mer to ;5 is !~- pe~ittee's lmmf of age ...... Yes (b). If alcohol is ~o be servd, m~ission is r~.'~ b~ the City ~o..cR. ve;.,,'eNest ~ ~ presented to C~mdl la~nt of Rental 7t la: '/ Secnfit~ Deposit: $ ~otal Rental: $ A~m~ / D~mO~D Security Deposit paid ,~-~F3-~3{date) in the anount of Rental Fee p~id on by Check, f Alcoholic Beverage Request heard at (date). MUal (date) in the amo.nt of or C~sh hitial the ~uecil ~teetie~ o~ Fee Velvet Re,est heard at the Council Heetino on (date). Request ~PROVED / D~IED. ~e? Pic~p Date la) Return Date Secmt¥ .De,sit returned by City C~eck .~ amount o~ on in the '(date) F ESE. To , ATTOI~,,~EYS AT I~AW March 22, 1993 930 S. ~o~ Orr,' BLVD. SUrgE 505 MELBOURNE. I~,ORIDA 32901 (407) 91~4-3300 FAX ¢407) 951-3741 T~o~ Kathryn M. O'Halloran City Clerk City of Sebastian 1225 Main Street Sebastian, Florida 32958 K: City Attorney Contracct Our File No: 89-3605 Dear Kay: I have enclosed with this letter proposed Resolution No. R-93-11 and the proposed Third Amendment to Contractual Service Agreement for the consideration of the City Council. Please have this placed on the next City Council Agenda for their consideration. Thank you for your assistance and cooperation inn this regard. Very truly/ours, FRESE,~~ORPY, Charles Ian Nash City Attorney P.A. CIN:bd Enclosure as stated cc: Robert S. McClary, City Manager w/copies of enclosure RESOLUTION NO.: R-93-11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER C~U~TY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A CITY ATTORNEY; PROVIDING AUTHORIT~ TO ENTER INTO ANAMENDMENT TO THE EXISTING CONTRACTUAL SERVICE AGREEMENT WITH C~AKLES IAN NASH FOR THE PURPOSES OF PROVIDING LEGAL MPRESENTATION TO THE CIT~; PROVIDING FOR THE EXTENSION OF TNE EXISTING CONTRACTUAL SERVICE AGREEMENT BETWEEN THE CITY AND CHARLES IAN NASH; PROVIDING FOR REPEAL OF MSOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; P~OVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ~REAS, the City Council and the current City Attorney are desirous of amending their current Contractual Service Agreement to provide for an extension thereof. ~, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The City Council of the City of Sebastian, Indian River County, Florida, hereby agrees to enter into the Third Amendment to Contractual Service Agreement with Charles Ian Nash, a copy of which is identified as Exhibit "A" to this Resolution and by this reference incorporated herein. Section 2. EXECUTION. The Mayor of the City of Sebastian is hereby directed to excute the Third Amendment to Contractual Service Agreement as agent for the City of Sebastian. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilman The motion was seconded by Councilman , and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1993. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 2 THIRD AMENDMENT TO CONTRACTUAL SERVICE AGREEMENT This Third Amendment to Contractual Service Agreement is made and entered into this day of , 1993, between the City of Sebastian, Florida, a Florida municipal corporation, whose principal office is located at 1225 Main Street, Sebastian, Florida 32958 (hereinafter referred to as the "City"), and Charles Ian Nash, of the law firm of Frese, Nash & TorPy, P.A., whose principal office is located Boulevard, Suite 505, Melbourne, referred to as the "City Attorney"). at 930 South Harbor City Florida 32901 (hereinafter 1. In consideration of the covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the City and the City Attorney hereby agree to amend the certain Contractual Service Agreement entered into on the 26th day of April, 1989, as amended pursuant to the First Amendment to Contractual Service Agreement dated March 7, 1990, and as amended pursuant to the Second Amendment to Contractual Service Agreement dated March 25, 1992, all said agreements being between the City of Sebastian and Charles Ian Nash, as follows: "Paragraph 9 of the certain Contractual Service Agreement entered into between the City and the City Attorney dated April 26, 1989, and approved by the Resolution of the City Council in Resolution No. R-89-21 adopted by the majority of the City Council on April 26, 1989, as subsequently amended by the certain First Amendment to Contractual Service Agreement dated March 7, 1990, and as amended by the certain Second Amendment to Contractual Service Agreement dated March 25, 1992, is hereby further amended to extend the termination date of such Contractual Service Agreement until the date of the first City Council meeting in May, 1994, unless otherwise extended by mutual agreement. In all other ! ! respects, the provisions of the original Paragraph 9 shall remain in full force and effect." 2. The hourly rate shall continue to be $80.00 per hour for non-litigation matters and $100.00 per hour for litigation matters. 3. In all other respects, the Contractual Service Agreement entered into on the 26th day of April 1989, as amended pursuant to the First Amendment to Contractual Service Agreement dated March 7, 1990, and as amended pursuant to the Second Amendment to Contractual Service Agreement dated March 25, 1992, between the City and the City Attorney, is hereby ratified and confirmed. IN WITNESS WHEREOF, the parties to this Third Amendment to Contractual Service Agreement have set their hands and seals hereto, on the day and year first above written. "City" CITY OF SEBASTIAN By: Lonnie R. Powell, Mayor Attest: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) "City Attorney" Witnesses: Charles lan Nash STATE OF FLORIDA ) ) SS COUNTY OF INDIAN RIVER ) Before me, the undersigned authority, personally came and appeared LONNIE R. POWELL, the Mayor of the City of Sebastian, who, upon being duly sworn, acknowledged that he executed the foregoing Third Amendment to Contractual Service Agreement, in his capacity as the Mayor of the City of Sebastian, for the purposes as therein expressed. She is personally known to me and took an oath. In witness whereof, I have placed my hand and .official seal, in the County and State last aforesaid, this day of , 1993. Notary Public State of Florida at Large My Commission Expires: STATE OF FLORIDA COUNTY OF ) ) ss ) Before me, the undersigned authority, personally came and appeared CHARLES IAN NASH who, upon being duly sworn, acknowledged that he executed the foregoing Third Amendment to Contractual Service Agreement for the purposes as therein expressed. He is personally known to me and took an oath. In witness whereof, I have placed my hand and official seal, in the County and State last aforesaid, this day of , 1993. Notary Public State of Florida at Large My Commission Expires: ! I City of Sebastian POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Contamination Assessment Report from Central Garage Approved for Submittal By: City Manager ) ) ) ) ) ) ) ) ) Agenda No. ~5. /q~ For Agenda of 04-14-93 Exhibits: ltr to Dan Eckis, Deborah Metrin, Charles Vogt copy of Addendum EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT It is apparent that the City's environmental consultant, Envirx, Inc. has gone through transformation or reorganization as they are now known as TransAmerican Environmental, Inc. This is a case where the name changed but the players stayed the same and we still are dealing directly with our project manager, Joe W. Chapparo. Following the comments recieved from the Florida Department of Environmental Regulation (FDER), TransAmerica was given a notice to proceed to install additional monitoring wells to determine the downgradient edge of the plume. After the Monitoring wells were installed, tests were taken, the report was amended, and sent to Debra Metrin, program manager with FDER, Central District, on March 13, 1993. We are currently awaiting DER's response to the findings. The addemdum indicates that disolved hydrocarbon plume has been defined by the three monitoring wells installed: MW #6, MW #7 and MW #8. It is my opinion, after reviewing the low level of contaminates that were discovered, that the three monitoring wells do define the downgradient edge of the plume. It should be noted that following acceptance of the Contamination Assessment Report that a Remedial Action Plan will be prepared to address the petroleum impacted soil and groundwater present at the site. RECOMMENDED ACTION No action is required. Submital of this report for your information, review and comment. ~3./__ TranaAmerican Environmental, Inc. March .17, 1993 Mr. Dan Eckis, P.E. Director of Public Works City of Sebastian P.O. Box 780127 Sebasti&n, Florida 32978 RE: OCD-TE-92-0386 Indian River County - TK/PC City of Sebastian Maintenance Garage FDER # 318520271 C@ntaminapt Assessment Repqrt Beyiew Dear Mr Eckis: Attached is your copy of the Contaminant Assessment Report Addendum as submitted by express to the FDER, Central District. Also accompanying this letter is a copy of the cover letter addressed to the FDER and a copy of the cover letter addressed to the HRS office located in Veto Beach. Should questions arise, please call us at your convenience. Cordially, TransAmerican Environmental, Inc. Joe W. Chaparro Envir. Engr./Project Manager cc: file 3800 N. 29th Avenue, Hollywood, Florida 33020 seb-sebl ltr/:t-l~-~i~/J~cr°ward (305) 920-2242 Dade (305) 930-1234 . Toll-Free 1.800.68-TOXIC TransAmerican Environmental, Inc. March 17, 1993 Ms. Deborah B. Metrin, P.G. Program Manager Storage Tank/Petroleum Cleanup FDER, Central District 3319 Maguire Blvd. Suite 232 Orlando, FL 32803-.3?67 RE: OCD-TE-92-0386 Indian River County - TE/PC City of Sebastian Maintenance Garage FDER # 318520271 Contamin~n~ Assessment..Re~ort Reyicw Dear Ms. Metrin: In response to the referenced FDER Contaminant Assessment Report review, the accompanying Contaminant Assessment Report Addendum is submitted for your review and approval, Sincerely, TransAmerican Environmental, Inc. Joe W. Chaparro Env. Engr./Project Manager cc: Mr. Dan Eckis, P.E., City of Sebastian Mr. Charles Voigt, Indian River Public Health Unit (HRS) 3800 N. 29th Avenue, Hollywood, Florida 33020 Broward (305) 920-2242 Dadg Toll-Free I.$00.68-TOXIC TransAmerican Environmental, Inc. March 17, 19@3 Mr. Charles L. Vogt, III, Environmental Specialist II Environmental Health HRS - Indian River County Public Health Unit 1900 2?th Stree~ - 2nd Floor Veto Beach, Florida 32960 RE: OCD-TE-92-0386 Indian River County - TK/PC City of Sebastian Maintenance Garage FDER # 318520271 Contaminant Assessment Report ~view Dear Mr. Vogt: In response to the referenced FDER Contaminant Assessment Report review, the accompanying Contaminant Assessment Report Addendum is submitted for your information. Sincerely, TransAm~V i ronmen ta 1, · Joe W. Chaparro Env. Engr./Project Manager Inc. cc: Mr. Dan Eckis, P.E., City of Sebastian file 3800 N. 29th Avenue, Hollywood, Florida 33020 .~,,~_:~.:~/~.:~Broward (305) 920-2242 Dade (305) 930-12~4 Tol 1. Frcz 1-800-68-TOXIC CONTAMINATION ASSESSMENT REPORT ADDENDUM Prepared for: City of Sebastian City of Sebastian Maintenance Garage 805 Louisiana Avenue Sebastian, Florida 32978 DER Facility No. 318520271 TransAmertcan Environmental, Inc. 3800 North 29th Avenue Hollywood, Florida 33020 Phone= (305)920-2242 i Charles Overstreet Hydrogeologist ' "Nanc~E. Harrlngto~, P.lg i License No. 43058 Dated: .. %--.~-~'--'~ I TransAmertcan Environmental, Inc. Project No. VG0204 This Contamination Assessment Repor~ Addendum (CARA) was prepared to address the Florida Department of Environmen~al Regulations (FDER) comments given in the FDER letter dated December 3, 1992. A copy of ~his letter is attached, (see Appendix A). The extent of the dissolved hydrocarbon plume has been defined =o ~he north, eas=-nor~heast and east-southeast of monitor well (MW) 3 wish the £nstalla~on of MWs 6, 7, and 8 ~ respectively, (see Figure 1, Appendix B for MW locat£ons). Monitor wells 6, 7, and 8 were installed on February 15, 1993, with a hollow stem auger to a total depth of approxima=ely 14 feet below land surface. Monitor wells 6, 7, and 8 are constructed of four feet of two inch diameter schedule 40 PVC riser and ten feet of 0.010 inch slotted schedule 40 PVC well screen. A sand pack was placed in the annular space between the well screen and the borehole. The sand pack consists of 8/20 silica sand and ex~ends to approximately one foot above the top of the well screen. A bentonite seal was placed above the sand pack and cement grou~ filled the remaining annulus to approximately 0.5 feet BLS. Watertight locking caps were then fitted on top of the risers. An elght-inch manhole and concrete pad were =hen set to protect the well. Appendix C contains ~he geologic well logs and well comple~ion reports. On February 18, 1993, groundwater quall~¥ samples were collected from MWs 6, 7, and 8 for analysis by EPA Methods 601, 602 and 418.1. The analytical results indicated =ha~ the groundwater samples from MWs 6 and 8 were below detection limits (BDL) for all EPA Methods 601, 602 and 418.1 constituents. The analytical results indicated that the groundwater samples from MW7 contained 7.7 parts per billion (ppb), ethylbenzene and 1.3 ppb, xylenes and was BDL for all additional parameters analyzed. The analytical results indicated =hat ~he equipment blank associated with the groundwater sampling event contained 56 ppb, chloroform and 10 ppb, bromodichloromethane. Since chloroform and bromodi- chloromethane were not detected in MWs 6, 7, or 8, the contaminants are believed to have come from the deionized water used in the equipment blank or be a laboratory contaminant. The chloroform and brommdichloromethane detected in the equipment blank did not effect the groundwater samples obtained from MWs 6, 7, and 8. Figure 2, Appendix B and Table 1, Appendix D summarized the February 18, 1993 groundwater sampling evenC. Appendix E contains theanalytical laboratory reports and chain of custody records for the groundwater sampling event. m After regulatory review and approval of this CARA, Remedial Action Plan will be prepared to address the petroleum impacted soil and groundwater present at the sl~e. City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Discharge Report Washington Ave ROW 1200 Indian River Dr. Approved for Submittal By: City Manager ) Agenda No. ) .1 /I ) Dept. Origin~ ENG/PW Date Submitted 04-08-93 For Agenda of 04-14-93 Exhibits: Ltr from Charles Vogt, Eckis letter, Discharge Report EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT During the construction project to replace culvert pipes along Washington Street, the FDOT discovered contaminated soil. Upon discovery, the excavation was stopped and the material was returned to the excavation. FDOT determined the extent of the contamination by hand augering and tested the soil using VOA meters. The area is approximately 16' by 5' and is located within the City right-of-way. FDOT filed a discharge report within the required time frame to HRS. The City was then notified that we were also required to file a discharge report, which we have done. Following the submission of the discharge report, the City was contacted again by HRS requesting a letter of intention. The intention of the City would be to seek bids from Contaminated Soil Specialists to prepare a limited Contaminated Assessment Report (CAR) to determine origin of the discharge. If no conclusive information is revealed as to the source of contamination then the City would take action to remove the contaminated soil and have it properly treated. The volume of contaminated soil would be approximately one truck load. RECOMMENDED ACTION ! i Review enclosed information and direct staff to seek bids from Contaminated Soil Specialists to prepare a limited CAR. i City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 April 6, 1993 Charles L. Vogt IIi Environmental Specialist II Department of Health and Rehabilitative Services 1900 27th Street vero Beach, F1 32960 RE: Discharge Report for the City of Sebastian, Right of Way adjacent to 1200 Indian River Drive. Dear Charles: This letter is the City's formal notification to HRS of the City's plan of action for the above referenced project. At this time, we are proposing.to receive bids from contaminated soil specialists to provide the City with a limited Contamination Assessment Report ("CAR") to determine the existing ground water flow and to provide an indepth study to research the properties in the area to determine a possible source of pollution from if any existing underground storage tanks. In the best interests of the City and State, we will commence with the excavation of contaminated material from the site by using VOA meters. We are proposing to stockpile %he material on the Martin Avenue right-of-way Just west of U.S. Highway #1 since this is the closest available City owned property. We plan to store the material until we receive test results at which time the materiel Will be transported to a DER approved inctnerary site and then thermally treated. The excavated area will be backfilled with clean sand and monitoring wells shall be installed to determine the extent of the free product which a Remedial Action Plan ("RAP") shall be prepared and filed with your agency. If the City is unable to determine a probable source from where the contamination originated, then the City would accept full responsibility for the proper clean up of contaminated ground water. Hopefully this letter will meet with your satisfaction as to the City's intent and we will keep you informed of our progress and findings as soon as they become avaiilable. If you have any questions or need any additional information please do not hesitate to contact me at this office. Sincerely, Daniel C. Eckis, P.E. City Engineer/Public Works Director DCE:lk soilS.doc [ STATE OF FLORIDA DEPARTMENT OF HE.&LTH AND REHABILITATIVE SERVICES HRS - INDIAN RIVER COUNTY PUBLIC HEALTH UNIT ENW~ONMEN?AL HEALTH TELEPHONE (407) 778-6321 1900 271'1,-I ~TREET SUN-COM 240-~321 VERO BEACH. iCL 32960 FAX 778-6303 March 23, 1993 Mr. Dan Eckis city of Sebastian P. O. Box 780127 Sebastian, FL 32978 RE: Discharge Report for city of Sebastian, Right-of-Way Adjacent to 1200 Indian River Drive Dear Mr. Eckis: Under Chapter 403, Florida Statutes, the Department of Environmental Regulation (DER) was delegated the power and duty to control and prohibit pollution of air and water in accordance with the law, rules, and regulations promulgated by the department. Chapter 376, Florida Statutes, further authorizes the department to establish standards and rules concerning petroleum discharge prevention and removal. These standards are contained in Chapter 17-770, Florida Administrative Code (FAC). You are hereby placed on notice that petroleum contamination in violation of Chapter 17-770, FAC, at the subject site has been reported to the department on or about March 5, 1993. Therefore, a Contamination Assessment (CA) must be initiated in accordance with Chapter 17-770.600, FAC, within thirty (30) days of receipt of this notice. In addition, if free product is present, remedial actions to recover the free product must be initiated in accordance with Chapter 17-770.300, FAC. A copy of Chapter 17-770 is enclosed for your reference. Failure to comply with this notice will result in the initiation of formal administrative action. LAWTON CHILES, GOVERNOR HRS-Indian River County Public Health Unit City of Sebastian Page two Accordingly, you are hereby requested to provide a written response within ten (10) days of receipt of this letter indicating that appropriate actions under Chapter 17-770 will be taken. Please contact Charles L. Vogt, IIi of this office at (407) 778-6321 if you have any questions. Sincerely, ~ ~ Charles L. Vogt, III Environmental Specialist II ~, ... ~;~ ",~, ~.; '. "', 7 ,.~-I Florida Depart~e,tt of ~flutrofiffiefltal Reg~lattoH Discharge Repofling Form Use this form Io nofity the Depadment of Environmental Regulation Resulls of tank tightness testing tha~ exceed allowable iolerance~ Within lan days of receipt of test resulL Petroleum discharges exceeding 25 gallons on pervious st Jr{aces ag described in Section tT-76t.,J60 FA.C. Within one Working day DJ discovery. Hazardous substance (CERCLA regulated), dischmge~ b~coedlng applicable repodable ClUanfities established in t7-76i.460(2] EA.c., ~i~ one working day of the discovery. Within one working day ot disco cry of sOSpOcted teJea§e~ confirmed by: {a) released regulated ~obSlances oi' polldtatds dtscovered~ ir the surrounding area. (b) unusua~ an~ unexplained ~orage ~.ysJern oDeraiinl;j condifion¢, (c) monitoring results from a leak detection medic or Icom a tank closure assessme ~ thai Indicate a release may ha~l~ occurred, or (d) manu~l tank gauging iesuit~ tot tanks of 550 or less. exceeding lan gallons I; ,r weekly lesl or {iv~ g~flons averaged Drier tou~ consecutive Weekly tests. Mail to ~e b~rl OlsMct Ol~cO tn yodt ~tt§d lisled on the reverse ~ide of this torm i i PLI~ASI~ PI=liNt ol=i TYPI~ Combtele rill ~ppltcable blanks i DFR Facility I~ Number: N~A 2. Tank Number: NJA 3. Dale: 3/:12/9~ __ Facifily Name: St:reet R/W NW ¢orne= Washinqton St. & Tndian R±ver Drive Facility Owner or Operator: of Sebastian Facility Add,ess:. see aLove Telephone Number: ( 4__~ ! 5 8 9- 5 4 9 0 County: Mailing Address: P~ -rD. 5. Dale of receipt o! les{ results or discovery: 6. Method ol initial discovery. (circle A. Licluid delector (automatic oi' manual) B. Vapor detector (automatic or C Tightness tesl (underground tank~ only). 7. Eslimaled n~umber o~ gallons discharged: Indian River b. Em~ylng and Inspection. E. Irrventory conhol. (~ leaded gasoline (~unleaded gasoline gasohol unknown What part of storage system has leaked? {cirCle all fha{ apply) Type of regulaled subslance discharged. (circle one) Dispenser D. Vehicular diesel E aviation gas O. let Iud L. used/w~l~e otl (~ diesel O, neW/lube oli 10. Cause of leak. (circle all thai apply) {~)Unknown C. Loose connection E. Puncture B. Split D. Corrosion F. Inslallafion~aiJu~e 11. Type ol tinancial responsibility. (circle one) A. Third pady insurance provided by the state Insurance contractor B. Self-insurance pursuant to Chapter t7-769.500 FAC. monlh/deYla ~. ~l~r O~ %4si~e ~gns d ~ discharge in the i3. Clo~ure: ~ ' ;~: (exl~i. H. Other: auring excavate, an '-- El. Pipe C. Fifling O. Tank ~Unk,~r · V. hazardous ~tubstance includes pesticides, amm~ia chlorine and derivatives (wfile tn name or Chemical Abs'~'ac Service CAS number). Z. other (write in name) f°rmalde~hy~l&:~. ~'-~-_ G. Sp,l I. Other (specity)_.~].l.eg~,,~,_ H. OVerfill dumpingl. t~.Not applicable D. None I 12 To the best of my knowledg~ lind bell~f Itt Ifile.iilillim liubt~lfle.d.4~tklhla t~t~ la jml~u~ and complete. ~n~] C. Eck~.s, Pt E.~ ~ Prin'eO Name of Owner. Op,[tor, oi h Pcity Engineer/~uoi. or ~,u;e of O~r. Ope,,' Repmsenlatii FLORIDA LAW'I'Ofl CHILF...~ GOV~.RNOR DEPARTMENT OF TRANSPORTATION ~EN G. wATTS 780 Southwest 24 Street Fort Lauderdale, Florida 33315-2696 Telephone: (305) 797-1750 March 5, 1993 Mr. Charles Vogt Indian River Co. H.R.S. H.R.S. Environmental Health 1900 27th Street Vero Beach, Fl. Re: Contamination Discharge Reporting SR 5, US-1 State Project No.: 88010-3529 WPI No.: 4115423 FAP No.: SH-485-5(43) Indian River County Dear Mr. Vogt: The purpose of this letter is to report the discovery of underground contamination. This contamination was found during the Fl. Dept. of Transportation construction project referenced above, verbal contamination test results were received on March 4, 1993 at which time your office was notified. A location map and the construction plan have been included for your reference. The contamination was found during storm drain installation in the N.W. quadrant of washington St. and Indian River Drive. Workers detected a strong petroleum type odor as they were replacing solid 30 inch RCP from structure No. 30 westerly to US-1. Construction was stopped and all excavated material was placed back into the hole. The FDOT contamination contractor Westinghouse Remediation, collected soll and groundwater samples from the contaminated area. Results from lab analysis indicated soil and groundwater contamination from diesel, gasoline, and formaldehyde. A copy of the results will be forwarded to you as soon as they are available. The work scheduled in the contaminated area has been eliminated from the construction project, work in adjacent areas should not require dewatering, and should have no impact to the existing contamination. Charles Vogt March 5, 1993 Page 2 The property where the contamination was discovered is in the City of Sebastian, Right-of-Way. At the request of The City Engineer, Dan Ecki~, FDOT is filling the D.E.R. discharge notification report. If you have any questions please contact me at (305) 797-1750. or Dan Eckis at (407)589-5490 Sincerely Paul A. Lampley Environmental Management Office attachments: cc= Jon Berry, FDOT File ~ ~-~ ~'%~. Florida Depa~trnent of Environmental Regulation · ~ ~ .i~t- ~x~..y 'I 'l~vin Towcm Office Bldg. e 2(~ B~r S~one Road e ~1~ Flori~ 523~-24~ · Discharge epo in Form Use this form to notify the Department of Environmental Regulation of: 1. Results of tank tightness testing that exceed allowable tolerances within ten day~ of receipt of test result. 2. Petroleum discharges exceeding 25 gallons on pervious surfaces as described in Section 17-761.460 F.A.C within one working day of discovery. 3. Hazardous substance (CERCI_A regulated), discharges exceeding applicable reportable quantities established in 17.761.460(2) FA.C_ within one working day of the discovery. J,. Within one working day of discovery of suspected releases confirmed by: (a) released regulated substances or pollutants discovered in the surrounding area, (b) unusual and unexplained Storage system operating conditions, (c) monitoring results from a leak detection method or from a tank closure assessment that indicate a release may have occurred, or (d) manual tank gauging results for tanks of 550 gallons or less, exceeding ten gallons per weekly test or five gallons averaged over four consecutive v~ekly tests. Mail to the DER DiStrict Office in your area listed on the reverse side of this form PLEASE PRINT OR TYPE Complete all applicable blanks 1. DER Facility ID Number: ~,,A- 2. Tank Number: . /~J,,.,A.i 3... Date: FaciliW Owner or Operator: .~.~ Facility ~dre~: ~H9 - Telephone Numar: ~ Mailing ~dre~: '~ 5. Date of receipt of test results or discc~,very: 6. Method of initial discovery. (circle one only) A. Liquid Cletector (automatic Or manual) B. Vapor detector (automatic or manual) C. Tightness test (underground tanks only). 7. Estimated number of gallons discharged: 8. What part of storage system has leaked? (circle all that apply) 9. Type of regulated substance discharged. (circle one) ( leaded gasoline D. vehiCular diesel unleaded ~asoline E aviation gas C. gasohol G. jet luel D. Emptying and Inspection. E. Inventory control. monthldaylyea~ F Vapor or visible signs of a discharge in the vicinity. G. Closure: (explain d~. Other: D.~.~4~ A. Dispenser B. Pipe C. Fitting D. Tank (~ Unknowr L. used/waste oil (~. diesel O. new/lube oil 10. Cause of leak. (circle all that apply) (~ Unknown C, I~ose connection E. Puncture B. Split D. Corrosion E Installation failure 11. Type of financial responsibility. (circle one) A. Third party insurance provided by the state insurance contractor B. Self-insorance pursuant to Chapter 17-769.500 FA.C. V. hazardous substance includes pesticides, ammonia, chlodne and derivatfves (write in name or Chemic, el Abstract Service CAS number) ....... Z. other (write in name) ,~-,~_~.:DE.~'-/'t~ P-- .. 12. G. Spill (~ Other (specify)"Po~,5.~ ~- '/ H. Overfill -%~ ~:.-t ~c, '"Y'~,~ ~..- (~ Not applicable D, None on thl form Is true, accurate, end complete. Printed Name of Owner, Operator or Authorized Represen{ative signature of ~wner' Operat°; 'or ~uth~r~zed Reorese~ (11 ~ ~,~ ~-75~5 ~13~,~1 B13 ~75 ~-~.26~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PRO& PLANS OF PROPOSED STATE HIGHWAY NO. 88010-352,9 ~ FEDERAL INDIAN RIVER COUNTY S.R. 5 (US 1) FUNDS3 .IL(ri(TS ,ID PROJECT 10 WABA5$O BEGIN PROJECT ~'$1A. 249'59.40 L~:N6?u off ~fiOJ~:c-~r PROJ ~ 31~CJ4 · 22 O. REVISIONS ' ~,,m ..! ;;1 (,(.~;,.m,. DESIGNED BY : HENRY A, OAIKHENA D.O.T.PROjECT MANAGER : HOWARD A. 9~/EBB, P.E, ENGINEER Or R~CQ~D m· D,ILLJRO PF~IFF[R T~0 ~W ~41H ST, rT. L&UDERDAL[ FL NOT(, IHIS PROJECT RaS O[$1GHEO 10 gOO! R.R.R. CRIT[AIa. // ~ SEBA //~ SPR ROSELAND "~ VERO LAKE ESTATES .,? '1 I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Electric Utility ) Relocation, Wentworth) Ditch ) ) ) ) Approved for Submittal By: ) City Manager ~~ )) ) ) Agenda No. Dept. Origin ~NG/PW Date Submitted 04-08-93 For Agenda of 04-14-93 Exhibits: Jim Davis letter, FPL Cost Estimate EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT A letter was received in the Engineering Department on April 7th, 1993, from Indian River County Public Works Director, James W. Davis, P.E. who identified the estimated cost, $111,792, for the relocation of power poles along the Wentworth Ditch. The County's position is that they do not have the money to relocate the electric distribution lines and that they do not need to relocate this utility line in order to improve CR 512. They expressed concern from the County Attorney that there is a- question of public purpose that could prevent them from expending public funds for this work. In past meetings, the residents expressed a primary concern that the existing power poles were located on private property and not within the existing easement. When the poles were originally installed, FPL was unable to locate their poles in the easement due to the location of the Wentworth Ditch, which extended beyond the easement. The proposed relocation would have left the existing power poles to be used as slack poles to provide service to the houses since they are located in sidelot easements. RECOMMENDED ACTION Review Indian River County's letter, Florida Power and Light cost estimate and direct staff to notify the property owners along the Wentworth Ditch. BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Telephone: (407) 567-8000 April 2, 1993 Robert S. McClary Sebastian City Manager P.O. Box 780127 Sebastian, FL 32978 Subject: CR512 Electric Utility Relocation, Wentworth Ditch Dear Rob: We have just received the attached cost estimate for the relocation of the electric utilities off the homeowners property and on to easements, or right-of-way, as requested by the property owners at one of our earlier meetings. The total for this is $111,742.00. After consulting with the County Attorney, the county's position is we do not have the money to relocate this electric distribution line along the back lots along Wentworth Street and we do not need to relocate this utility line to construct CR512. Our attorney's office also advises us that there is a question of public purpose that may prevent us from expending public funds for this work. While we can appreciate the desirability of this relocation from the homeowners perspective, we believe this is an issue between the owners and FP&L. If you have any ideas as to how this cost can be paid you might want to discuss this with FP&L, or you may wish to negotiate this amount with FP&L yourself. As always, if you have any questions, please call me at 567-8000, extension 245. Sincerely, Public Works Director JWD/RDC:gfk Attachments CCi James E. Chandler, County Administrator 4.ffen'ence P. O'Brien, Assistant County Attorney Roger D. Cain County, Engineer file C:\WP5 l\DATA93\CR512UTL.RDC I i ! oe;l~.is a question of I ~n 245. _. 1 I I I ~his estimate FLORIDA POWER & LIGHT COMPANY Page of valid through: SUMMARY ESTIMATE OF COST COMBINED EST. 1'04' 511 -04-228 wentworth dc .... ' ' INSTALL & MAINT. REMOVALS ......... ~;%L¥ CR RMV COST ITEM ITEM COST TOTAL (A) ENGINEERING Labor * Additives 65.63% of Labor Transportation &.Misc- Expenses Applied Engineering 15,887 Sub-Total 15,887 (B) LAND & LAND RIGHTS .(RT OF WAY) Labor * Additives 28.74% of Labor Transportation & Misc. Expenses Purchase and/or Easements Payment to Contractor , Additives 0.00% of Contractor Sub-Total , 6,407 Labor 20,583 1,105 · Additives 17.24% of Labor 3,549 1,281 Transportation & Misc. Expenses 4,117 Material 22,403 7,266 984) * stores Handling 13.54% 3,033 Paymen. t to Contractor * Additives 0.00% of Contracto~ 6,282 8,793 Sub-Total 53,685 (D) OTHER MAINTENANCE Labor 7,272 * Additives 17.24% of Labor 1,254 Transportation & Misc. Expenses 1,454 Material 308 * Stores Handling 13.54% 42 Paymen. t to Contractor , Additives 0.00% of Contractor Sub-Total 10,329 OVERHEAD COSTS 52.32% of Total Lbr & 3,930 Contr. Paymts, Additives & Appl Eng. ~5,400 6,282 12,723 TOTALS 105,301 Total Installation and Transfer Cost 105,301 Removal Cost 12,723 Salvage Credit $ ( 6,282) 6,282 111,742 SUBTOTAL Expired Service Life Credit' ( ) Betterment or Non-Reimbursable work Credit ( ) ) Total Credits ( ** % Credit Ratio 111,742 Net Replacement cost * Handling, Tax & Ins and Pension & Welfare @ Approved Rates. , 5111-04-228...0.00%, 5116-04-228...0.00% Engineer Submitted by #877 Rev /9 FLORIDA POWER & LIGHT COMPANY Page of DETAIL ESTIMATE OF COST ~2 ~93 FOR: COMBINED EST. ~0.~ 5111-04-228,5116-04-228 COMBINED PR: wentworth dc iNSTALL & REMOVALS TRANSFER ~ALVAGE REMOVAL ITEM CREDIT COST ITEM COST ACCT 364 - Poles, Towers & Fixtures Dsbn 654 LABOR (FPL) 7,172 LABOR (CONTR.) 407 MATERIAL 7,898 ACCT 365 - OH Conductors & Devices Dsbn 5,753 LABOR (FPL) 13,411 LABOR (CONTR.) 1,365 F~ATERIAL 7 , 764 ACCT 368 - Line Transformers LABOR (FPL) LABOR (CONTR.) 5,494 MATERIAL 6,741 TOTAL 6,407 LABOR (FPL) 20,583 LABOR (CONTR.) 7,266 ~ATERIAL (TOTAL) 22,403 OTHER- (MAINTENANCE) LABOR (FPL) 7,272 LABOR (CONTR.) MATERIAL 3 0 8 0 /12/.93 FLORIDA POWER & LIGHT COMPANY DETAIL ESTIMATE OF COST FOR: INDIAN RIVER COUNTY FOR CONSTR EST. t.RELOCATE POLE LINE ON CR~512 FROM BARBER TO W/O DOT CIRCLE PR: RELOCATE POLE LINE FOR CR#512 INDIAN RIVER cOUNTY REMOVALS S~LVAGE REMOVAL ITEM CREDIT COST 359 242 3,494 853 3,137 ACCT 364 - Poles, Towers & Fixtures Dsbn LABOR (FPL)_ LABOR (CONTR.) MATERIAL ACCT 365 - OH Conductors & Devices Dsbn i LABOR (FPL)_ LABOR (CONTR.) MATERIAL ACCT 368 - Line Transformers LABOR (FPL) LABOR (CONTR.) MATERIAL TOTAL LABOR (FPL) LABOR (CONTR.) MATERIAL.(TOTAL) OTHER - (MAINTENANCE) LABOR (FPL) LABOR (CONTR.) MATERIAL 4,232 3,853 '~111-04-228 wentworth dc INSTALL & TRANSFER ITEM COST 4,390 4,953 8,228 4,830 4,101 12,618 13,884 4,386 138 This estimate FLORIDA POWER & LIGHT COMPANY Page oI valid through: SUMMARY ESTIMATE OF COST FOR: INDIAN RIVER COUNTY FOR CONSTR EST. !wO:-RELOCATE POLE LINE FOR WENTWORTH DITCH FROM EASY ST TO W/O W 5116-04-228 ~.PR:' RELOCATE POLE LINE FOR CR#512 INDIAN RIVER COUNTY wentworth dc ....... INSTALL & MAINT. REMOVALS ...... I SALV CR RMV COST ITEM ITEM COST TOTAL (A) ENGINEERING Labor * Additives 65.63% of Labor Transportation &.Misc. Expenses Applied Engineering 6,096 Sub-Total 6,096 (B) LAND & LAND RIGHTS (RT OF WAY) Labor * Additives 28.74% of Labor Transportation & Misc. Expenses Purchase and/or Easements Payment to Contractor * Additives 0.00% of Contractor Sub-Total (c) CONSTRUCTION 2,554 Labor 7,965 440 * Additives 17.24% of Labor 1,373 511 Transportation & Misc. Expenses 1,593 Material ' 8,518 3,034 411) * Stores Handl. ing 13.54% 1,153 Payment to COntractor * Additives 0.00% of contractor. 2,623 3,505 Sub-Total ......... 20,603 (D) OTHER MAINTENANCE Labor 2,886 * Additives 17.24% of Labor 498 Transportation & Misc. Expenses 577 Materia 1 170 * Stores Handling 13.54% 23 payment to ContraCtor * Additives 0.00% of Contractor Sub-Total 4,154 OVERHEAD COSTS 52.32% of Total Lbr & 1,567 Contr. Paymts, Additives & Appl Eng. ... --9,846_... 2,623 5,072 TOTALS .. 40,698 'Total Installation and Transfer Cost 40,698 5,072 Removal Cost 2,623 Salvage Credit $( 2,623) 43,147 SUBTOTAL Expired Service Life. C.redit__ ( ) Betterment or Non-RelmDursaD~e Work Credit ( ) ) Total Credits ( % Credit Ratio 43,147 Net Replacement Cost Handling, Tax & Ins and Pension & Welfare @ Approved Rates. ~ngineer Submitted by #877 Rev ~ POWER & LIGHT COMPANY Page of FLORIDA DETAIL ESTIMATE OF COST FOR: INDIAN RIVER COUNTY FOR CONSTR EST. WO*.-RELOCATE POLE LINE FOR WENTWORTH DITCH FROM EASY ST TO W/O W 5116-04-228 PR: RELOCATE POLE LINE FOR CR#512 INDIAN RIVER COUNTY · ..... wentworth dc INSTALL & REMOVALS TRANSFER SALVAGE REMOVAL ITEM ITEM COST CREDIT COST ......... ACCT 364 - Poles, Towers & Fixtures Dsbn 295 LABOR (FPL) 2,782 LABOR (CONTR.) 165 MATERIAL 2,944 ~CCT 365 - OH Conductors & Devices Dsbn 2,259 LABOR (FPL) 5,183 LABOR (CONTR.) 512 MATERIAL 2 , 934 ACCT 368 - Line Transformers LABOR (FPL) LABOR (CONTR.) 2 , 357 MATERIAL 2 , 640 TOTAL 2,554 LABOR (FPL) 7,965 LABOR (CONTR.) 3,034 MATERIAL-- (TOTAL) 8,518 OTHER- (MAINTENANCE) LABOR (FPL) 2,886 LABOR (CONTR.) 170 MATERIAL i 1 I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: Transportation Enhancement Projects Approved for Submittal By: City Manager ~~ ) Exhibits: ) ) EXPENDITURE AMOUNT ) Agenda No. ~-/¢~ ) Dept. Origin ENG/PW ) ) Da~e Submitted 04-08-93 ) ) For Agenda of 04-14-93 APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT The MPO will be preparing project applications for Transportation Enhancement Projects which would include but not be limited to facilities for pedestrians and bicycles, acquisitions of scenic easements and or historic sites, scenic or historic highway programs, landscaping and other scenic beautifications, or mitigation of water pollution due to highway runoff all of which could be funded by Federal Surface Transportation Program (STP). Funds are available under the authority of The Intermodel Surface Transportation Efficiency Act of 1991 (ISTEA). It will be the responsibility of the Technical Advisory Committee (TAC) to prepare a proposed list that could be eligible. One suggestion, would be to consider such improvements to Indian River Drive. This should be a joint City/County project and would possibly qualify under the activities described above. In kind services could be the matching portion of the project by either the State or Local share which may be met by planning, engineering, design, construction, inspection, or environmental activities approved by the federal government. Such projects would be consistent with the City's plan of action for the Riverfront. The applications'must be submitted by May 31st, 1993. Staff feels that this would be a worth while project for not only the citizens of Sebastian but also for the North County residents and could serve as a good cooperative project for both the City and the County. RECOMMENDED ACTION Review FDOT's Directive for Transportation Enhancement Projects and direct staff to pursue the Indian River Drive Corridor to be placed on the list of projects to be funded by STP and to evaluate other areas that could benefit from this program. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: FROM: DATE: SUBJECT Members of the Metropolitan .Planning Organization Technical Advisory Committee (MP0 TAC) Robert M. Keating, AICP ~ Community Development Director April 5, 1993 TRANSPORTATION ENHANCEMENT- PROJECT APPLICATIONS Attached please find one copy of the app'lica=ion for transportation enhancement projects'as well as a copy of the applicable FDOT directive associated with transportation enhancement projects. As indicated in the attached directive, all enhancement project applications must be submitted to the MPO by May 31, 1993. If any questions arise prior to that time, please contact me. Also, if you are aware of any groups or organizations to which I should send an application form, please contact me. /ri Approved: Secretary Effective: March 15, 1993 Directive Expires: September 15, 1993 Responsible Office: Policy Planning Topic No.: 525-030-300-a DIRECTIVE TRANSPORTATION ENHANCF24ENT PROJECTS PURPOSE: This directive describes how the Depar£ment identifies projects to be funded by federal Surface Transportation Program (STP) funds which are available for transportation enhancement activities. AUTHORITY: The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Sections 1007(a) and (c), Title 23 U.S.C., Section 101(a), and Chapter 339, Florida Statutes. REFERENCES: Letter from Federal Highway Administration (FHWA) dated May 7, 1992; Letter from FHWA dated July 23, 1992; Letter from FHWA dated September 4, 1992; Letter from FHWA dated September 9, 1992; Interviews with and materials from other state departments of transportation; work Program Instructions for Fiscal Years 1993/94 through 1997/98, (page 3:21, Supplement No. 2., October 9, 1992); Transportation Enhancement Activities, April 24, 1992, stpgp001.txt (FHWA Bulletin Board). GENERAL: Sectzon 1007(a) of ISTEA requires that 10 percent of the Surface Transportation Program (STP) funds be available for transportation enhancement activities. Enhancement funds are distributed to each district, pursuant to s. 339.135(4)(a), Florida Statutes, with this exception; each year, an a/nount of the state's enhancement funds will be administered by the~central office for use on multi'district projects. Chapter 339, Florida Statutes, is the mechanism used for determining priorities and programuning projects a~ong competing transportation interests. Office of Policy Planning 1 DEFINITIONS: Appliqant: The Department of Transportation (central and district offices), other state agencies, statewide or national interest groups (proposing multi-district projects or projects of statewide significance),. Metropolitan Planning Organizations (for projects located within the metropolitan area boundary), and County Commissions (for projects located outside the metropolitan area boundary). Enhancement.Pro~ect% Projects or project features that go beyond what was customarily provided before these funds were made available. These projects or project features must meet the requirements of the qualifying activities listed in Section 1007(c) of ISTEA .... In-kind $9rv$ces: The matching portion of a project (either state o'r local share) that may be met by providing the following services rather than funds: planning, engineering, design, construction or environmental, activities approved by the federal government on a project by project basis, or right-of-Way donations. Joint Partici.Ration Aqreement ~JPA)I A legally binding document between named parties that details terms and conditions of the performance of work and/or services. Multi-district Enhancement Project: Enhancement project(s) involving the resources of'more than one department district. These projects are administered by the central office. Qualif¥inq Activities - The following activities are the only activities which can be funded with 6~hancement funds: ia) Provision of facilities for pedestrians and bicycles. (Including projects that implement the Americans with Disabilities Act). (b) Acquisition of scenic easements and scenic or historic si~es. (c) Scenic or historic highway programs. (d) Landscaping and other scenic beautification. (e) Historic preservation. (f) Rehabilitation and operation of historic transportation buildings, structures or facilities (including historic railroad facilities and canals). (g) Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails). (h) Control and removal of outdoor advertising. (i) Archaeological planning and research. (j) Mitigation of water pollution due to highway runoff. office of Policy Planning PROJECT IDENTIFICATION PROCEDURE The major steps to identify enhancement projects are: (1) Notification (a) By March 15, the Office of Policy Planning provides the district secretaries with copies of this directive and copies of the Application for Transportation Enhancement Projects. (b) By March 15, the Office of Policy Planning also notifies and provides the information in (1)(a) to the following offices in the central office: the Work Program Development Office, the Public Transportation Office, the Environmental Management office, and the Office of the State Safety Engineer. Each office then immediately provides the information in (1)(a) to other state agencies and statewide or national interest groups. (c) As soon as possible_.following receipt of the information prQvided.in l(a), district offices, as specified by the district secretary will notify and provide the information in (1)(a), -~ along with instructions if necessary, to the ~POs and county commissions within their boundaries. MPOs and county commissions will be asked by specified district offices, to notify and provide the information in (1)(a) to local interest groups. (2) Application (a) All applications (see Appe'ndix A) for Transportation Enhancement Projects are to be submitted to the Office of Policy Planning by May 31. One completed application should be submitted for each project being proposed. Applications will be screened by the districts or offices identified in l(b) above for correctness and completeness before being forwarded to the Office of Policy Planning. 1. 'For multi-district projects, state agencies End statewide or national interest groups are to submit completed applications to the central office contact. These applications will then be compiled by the appropriate office and submitted to the Office of Policy Planning. Copies of multi-district applications will be provided to the relevant districts. Relevant districts will coordinate with the appropriate MPO to review and comment on multi-district projects. 2. For all other projects, district offices are to compile completed applications from MPOs and county commissions and submit them to the Office of Policy Planning by May 31. MPOs and county commissions are to submit completed applications to the appropriate district office. Office of Policy Planning 3 3. All completed applications will be submitted by the Office of Policy Planning to the FHWA by June 2. 4. FHWA will determine project eligibility and return applications to the Office of Policy Planning by July 1. 5. The Office of Policy Planning will return applications to the appropriate office, as identified in l(b), or to the appropriate district secretary. In turn, the appropriate district office will return applications the MPO or county. I I I MPOs and county commissions will rank 6. The applications in priority order and submit ranked projects to the appropriate district office by September 1. The MP0s will submit their priorities as part of their Transportation Improvement Program (TIP). County commissions will submit their priorities to the appropriate district office at the same time. 7. Applications from other state agencies and statewide and.national interest groups proposing multi-district will be assessed and ranked in priority order by a projects committee comprised of the offices in the central office named in (1)(b). The Office of Policy Planning is responsible for setting up and coordinating these committee meetings. 8. The committee will make recommendations to the Assistant Secretary for Transportation Policy and the Assistant Secretary for Finance and Administration. These assistant secretaries will identify multi-district projects for inclusion in the 5-year Work Program. The Work Program Development Office is responsible for programming multi- district projects.' -' (3) Evaluation and Assessment (a) The following general requirements and guidelines are to~ be used to evaluate and assess all projects regardless of the applicant. 1. Project Linkage - The proposed enhancement project must have a direct relationship to the intermodal transportation syste~ developed pursuant to sections 1024 and 1025 of ISTEA (23 U.S.C. sections 134(a) and 135(a)), but not necessarily to a currently planned highway project. This relationship may be one of: a. Function - For example, an independent bike path is a functi6nal component of the intermodal transportation system. Office of Policy Planning b. Proximity - For example, removal of certain outdoor advertising within view of a highway is justified because of proximity. c. Impact - For example, retrofitting an existing highway by creating a wetland to filter runoff from the highway would qualify based on the impact of the highway in terms of water pollution. 2. Project applicants must certify that they have the fiscal, managerial, environmental and engineering capabilities to manage a project consistent with federal requirements and regulations. (NOTE: The department will review eligible types of work for compliance witch federal requirements and regulations, and provide the federal government with necessary assurances). 3. Proposed enhancement projects may be located on or off state transportation facilities or properties. 4. Consideration may include the district-wide balance of projects relative to project type and geographic distribution. 5. Public and/or private support of the project must be demonstrated. Demonstrations of support may include but are not limited to: written endorsement, formal declaration, resolution, financial donations or other appropriate means. 6. Special characteristics or features of the projec~ are to be evaluated. (b) Funding ratios established by the department are based on the relationship (function, proximity or impact) of the project to the intermodal transportation system. The dep~rtment may accept in-kind services to meet the local share of project costs when the service provided meets all federal requirements. Ratio of Total Project Costs Relationship to: - Federally or S~a{e owned property - Other public owned property Federal State Local 80% 2O% O% 8O% 10% 10% office of Policy Planning 5 (4) Programming Enhancement projects will be programmed consistent with Chapter 339, Florida Statutes, and the Work Program Instructions (WPI) developed by the Work Program Development Office. (5) Development and Implementation Enhancement projects will be developed and implemented consistent with existing department policies and procedures, and all applicable federal rules and regulations. The project must appear in the Department's 5-year Work Program, the State Transportation Improvement Program (STIP), as required in section 1025, of ISTEA (23 U. S~ C. section 135(f)), and the Transportation Improvement Program (TIP), as required in section 1024 of ISTEA (23 U. S. C. section 134(h)), where appropriate. Projects must be authorized by the 'Federal Highway Administration. All projects are subject to National Environmental Policy Act requirements. Additionally, federal rules and regulations such as National'Historic Preservation Act approval requirements, Disadvantaged Business Enterprise -- , Code requirements, Davis-Bacon wage requirements the ' of Federal Regulations 23 (CFR), and others may also apply. Such requirements.will be addressed during the application process and JPA negotiations. The department is to let and award contract enhancement projects. When mutually agreed to by the department and the MPO or county commission as appropriate, MPOs or county commissions may perform construction engineering inspection (CEI). However, the department must certify to FHWA the capability of the MPO or county commission to perform such work. Office of Policy Planning 6! Project: Applicant: APPENDIX A Page 1 of 3 APPLICATION FOR TRANSPORTATION ENHANCEMENT PROJECTS DOT/MPO/County/Other (circle as appropriate) 2. Project Priority (relative to other applications submitted by the applicant.) (Name of Applicant/s) Contact: Name:- Title: ........ Address: .......... (a) ........ (b) FAX: .... Phone' Qualifying Activity (check one or more categories)- Provision of facilities for pedestrians and bicycles. (Including projects that implement the Americans with Disabilities Act). Acquisition of scenic easements and scenic or historic sites. .......... (c) .......... .......... (e) .......... (f) .......... (g) .......... (h) Scenic or historic highway programs. Landscaping and other scenic beautification. Historic preservation. Rehabilitation and operation of historic transportation buildings, structures or facilities (including historic railroad facilities and canals). Preservation of abandone~ railway corridors (including the conversion and use thereof for pedestrian or bicycle trails). Control and removal of outdoor advertising. .......... (i) Archaeological planning and research. Project: Applicant: APPENDIX A Page 2 of 3 (j) Mitigation of water pollution due to highway runoff. Describe the direct relationship of the project to the intermodal transportation system relative to function, proximity or impact. (One or more may apply). Project Description: (Describe the project and explain why it is needed). (a) What'type of project is being proposed? (b) Where is the project located (and what are the termini, if appropriate)? (c) Does the project have a relationship to federally or state owned' property or other public owned property? Explain. (d) What need will the project address? (e) What type(s) of work will be necessary, for the project; what is the status (i.e., under design, plans on shelf, not begun, to be initiated, etc.); and how does the applicant propose that work be performed (applicant, consultant, state)? Work Type Planning Yes N__o ~tus Who Perfo~m.s Environmental Assessment Preliminary Design & Engineering Right of Way Acquisition Environmental Permitting Design Construction Construction Engineering Time ~rame March 15 March'16/30 April/May May 31 June 2 July 1 July/Aug. September 1 Sept./Dec. APPENDIX B SCHEDULE OF EVENTS Activity The office of Policy Planning distributes the directive and attachments to the district secretaries and appropriate offices. Appropriate offices distribute the enhancement directive and attachments to state agencies and national or statewide interest groups. Districts distribute the directive and attachments to MPOs and county commissions, along with any necessary instructions. Districts request that MPOs and county commissions distribute the directive, attachments and any necessary instructions to local interest groups. MPOs, county commissions, local interest groups, the department, other state agencies, and statewide or national interest groups identify projects and complete applications. Completed applications are submitted to the Office of Policy Planning and then to FHWA for eligibility assessment. FHWA begins to perform eligibility assessment. FHWA returns applications to central office. Applications are returned to appropriate applicants. Applications of eligible projects are ranked in priority order. MPOs, as part of the TIP, and county commissions submit ranked applications in priority order to the appropriate district office. The Enhancement Review Committee submits ranked and recommended multi-district projects to appropriate assistant secretaries to identify multi-district projects for programming. The Tentative Work Program is developed. Project: Applicant: w~oork Tvpe(cont,d] Yes No Status APPENDIX A Page 3 of 3 Who Performs Inspection Maintenance Other Selection criteria (a) If it is proposed that tke project be administered by a governmental entity other than the state, document that this entity has the fiscal, managerial, environmental and engineering capabilities to manage the project consistent with federal requirements. (b) Can public or. private support of the project be demonstrated? (Examples include: written endorsement, formal declaration, resolution, financial donations or other appropriate means). (c) Summarize any special characteristics or features of the project. What is the total cost of the project and how will it be' funded? Enhancement/ Other Fed./ State / $ ..... / $ /$ .... /$ Local / Other /$ / Total: $ 10. What are'the contributions toward the project by percentage? Enhancement/ Other Fed./ State / Local / Other %1 %/ %1 %/ % I I City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: RECOMMENDATION FROM PLANNING AND ZONING COMMISSION TO AMEND THE LAND DEVELOPMENT CODE REGARDING ACCESSORY STRUCTURES Approved For Submittal By: City Manager /~ Agenda Number: Dept. Origin: Community Development Date Submitted: ..... 04/01/93 (BC~-/ For Agenda Of: Q~/~4193 Exhibits: 1. Memo dated March 18, 1993 from Planning and Zoning Commission EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT After the adoption of Ordinance O-93-01 (extensive ordinance changing various items within the Land Development Code), it came to staff's attention that Section 49 of the ordinance which revised Section 20A- 5.5(D) regarding accessory structures was too restrictive for pool enclosures. Prior to the adoption of Ordinance O-93-01, Section 20A-5.5(D) stated, "Rear yards. Utility sheds, patios, screen porches and other structures accessory to single-family homes within a single-family zoning district may encroach into a required rear yard provided that such structures maintain a minimum distance of 10 feet from.the rear property line and are not located within a dedicated easement." Although this section allowed screen enclosures for pools to be 10 feet from the rear property line, the main reason staff and the Planning and Zoning Commission recommended a change was regarding patios and other structures that may not afford the same visual aesthetics as a screen enclosure. The current code (after the adoption of Ordinance O-93-01) states, "Rear yards. Detached structures, such as utility sheds, and other structures accessory to single-family homes within a single-family zoning district may encroach into required rear yard, provided that any such structure maintain a minimum distance of 10 feet from the rear property line and not be located within a dedicated easement. No such structure shall exceed 400 square feet in lot coverage and shall not exceed 12 feet in height." q3./ Page 2 This section is still good except this should not apply to a structure consisting of only screening or aluminum screen structure with a screen roof, such as a pool enclosure. Therefore, at its regular meeting of March 4, 1993, the Planning and Zoning Commission made a motion to amend Section 49 of Ordinance O-93-01 regarding detached structures and add exception to this section stating, "except any attached or detached structure that consists only of a screening or aluminum screen structure with a screen roof." RECOMMENDED ACTION Move to approve the accessory structures. City Attorney to draft an ordinance regarding I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 DATE; TO: FROM: MEMORANDUM March 18, 1993 Mayor and City Council Linda Kinchen, Secretary ~ Planning and Zoning Commission RE: Sec 20A5.5D of the Land Development Code Please be advised that the Planning and Zoning commission at their regular meeting on March 4th, 1993 made the following motion regarding the above Land Development Code change. A motion adding a sentence to Sec 49 of O-93-01 regarding detached structures to state "except any attached or detached structure that consists only of screening or aluminum screen structure with a screen roof. The motion passed unanimously. Should you have any questions or need any further information, please feel to contact me. pzaction/doc City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Yacht Club Dock Project Approval For Submittal By: City Manager= ) ) ) ) ) ) ) ) ) ) ) ) Agenda No. Dept. of Origlnl City Manager Date Submitted: 4/08/93 For Agenda Of: 4/14/93 Exhibits: R. Fey Ltr. dated Agenda Transmittal dated 4/9/92 Eckis Ltr. to 8chum dated 3/2s/92 Jim Davis Memo dated 4/6/92 Riomar Plan dated 2/22/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT In April of 1992 the Sebastian City Council approved a project to redeck the existing 350 foot fishing pier at the Sebastian Yacht Club. The project will include an extension of the North Finger Pier and the construction of a breakwater system. This $65,000 project would be funded through the Florida Boating Improvement Fund administered to the County with an allocation of $40,000 and the remaining $25,000 funded by the City. The City's consultant, Riomar Engineers & Contractors, Inc. of Melbourne Beach are recommending the breakwater system extend 120 feet from the seawall. They have explained that additional breakwater beyond the 120 foot mark would be of marginal benefit to the Yacht Club boat ramp. However, a breakwater system beyond the 120 foot mark would be beneficial to the adjoining property to the south Channel 68 Marina. Richard Fey, owner of Channel 68 Marina, is requesting permission to extend the breakwater system to the end of the fishing pier beyond the 120 foot mark. Such an extension would be soley at his expense. Further, Mr. Fey would prefer to engage his own contractor rather than reimbursing the city. RECOMMENDED ACTION Review the request of Channel 68 Marina to extend the breakwater to the end of the fishing pier. q~ Roseland, Fi. 32957 (407)589-2628 January i8,!993 Mr. Daniel C. Eckis, P.E. City Of sebastian P.O. Box 780127 Sebastian, Fl. 3297S-0127 Dear Dan, This is in response to your December 23, 1992 letter concernin~ the Yacht Club Breakwater System. I am interested in the continuation of the breakwater past the 120' mark, extendin~ 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. ThankYou, Richard Fey, Pres. I i City of Sebastian POST OFFICE BOX 780127 m SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Yacht Club Docks Approval For Submittal By: city Manager= genda Jo. Dept. of Origin= City Manager Date Submltted= 4/09/92 For Agenda Of= 4/22/92 Exhibits= Eckls Ltr. dated Jim Davis Memo dated 4/6/9= EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $25,000 BUDGETED= $25,000 REQUIRED: SUMMARY STATEMENT On November 9, 1991 the city Council reviewed a proposed improvement to the piers at the Sebastian Yacht Club. Staff had proposed an extension of the North Finger Pier at the boat ramp to connect with the existing 350 foot fishing pier. At that time, the City Council directed staff to perform all engineering and to draft the necessary permit applications. City Engineer Daniel C. Eckis, P.E. has developed a preliminary engineering plan which would extend the finger pier to intersect with the fishing pier. To maintain proper elevations, the same pier would be extended the entire 350 foot length of the fishing pier. Additionally, a breakwater could be constructed along the North side of the fishing pier attached to the existing concrete pilings. Finally, the existing fishing pier should be redecked. The City Engineer's proposal is outlined in a letter addressed to Mr. George Schum and dated March 18, 1992. On April 2, 1992, Dan Eckis and I appeared before the Indian River County Parks and Recreation Committee to request funding from the Florida Boat Improvement Program ("FBIP") boating fund. The IRC Parks and Recreation Committee recommended that the County allocate $40,000 from the FBIP boating fund to apply toward the overall project cost of $65,000. On April 7, 1992 the Indian River County Commission approved this recommendation. The remaining $25,000 is available under the "Park Improvements" line item of the Capital Projects Fund. The boat ramp and related piers at the Sebastian Yacht Club are very popular. With additional parking now available at the Yacht Club and the "Cav-Corp" property the use of the Yacht Club continues to grow. An extension of the North Finger Pier would allow additional stacking along the fishing pier for boats waiting to be pulled out and a breakwater section along the North side of the fishing pier would improve the overall safety of the dock. City Engineer Dan Eckis will complete the construction drawings, bidding documents and permit applications. However, staff recommends that the construction drawing be reviewed by a marine engineer to insure that the integrity' of the existing fishing pier will be maintained. RECOHMENDED ACTION Move to approve the proposed Yacht Club pier improvements as outlined in the City Engineer's letter dated March 18, 1992 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 I TELEPHONE (407) 589-5330 D FAX (407) 589-5570 March 18. 1992 Mr. George Schum 750 Layport Drive Sebastian, F1 32958 RE: Yacht Club proposed improvements [)ear George: Over the past year, the City of Sebastian has made many improvements to bhe Yacht Club property and the boat launching facility. We have repaved and restriped the parking lot and, by modifying the traffic flow, have been able to double the number of boat trailer parking spaces. We have stuccoed the building and constructed new sidewalks and handicapped access. We have also redesigned and redecked the existing finger piers at the ramp. The City has received the report from the Riverfront Committee, has drawn plans for a linear park close to the Yacht Club and has improved stormwater management through the SWIM program. Finally, the City has made a large investment in the purchase of the 2.2 acre "Cav-Corp" property which will be used, in part, to park boat trailers for people launching their watercrafts at the Yacht Club ramp. The net-effect of these improvements has been an ever increasing demand of the Yacht Club dock facilities. These dock facilities are used by the general public and there is no discrimination of non-Sebastian residents. The City of Sebastian would like to remove and replace the the fishing pier decking and provide a breakwater section along the north side. The increase in use of the ramp thereby justifies the need for an increase of dockage area. This could be accomplished by extending the north finger pier at a 45 degree angle to the fishing pier. This would allow additional stacking along the fishing pier for boats waiting to be pulled out, thereby increasing the capacity of the launching ramp. Enclosed is a sketch showing the proposed extension of the north finger pier and the breakwater system. The cost associated with redecking the fishing pier would be approximately $100 per foot or $35,000 and the extension of the north finger pier would be approximately $20,000. The breakwater system would extend to the end of the fishing pier. and would cost, approximately $10,000. Therefore, to renovate the to~.a] project cost would be approximately $65,000. We respectively request that this be considered for funding from the motor boat fund. If you have any questions or need any additional information, please do not hesitate to contact me. cerely, Daniel C. Eckis, P.E. City Engineer/Public Works Director cc: Lonnie Powell, Mayor and Sebastian City Council Robert S. McClary, City Manager Kathryn O'Halloran, City Clerk DCE:lk I City of Sebastian POST OFFICE BOX 780127 SEBASTIAN. FLORIDA 32978 (407).589-5490 t 'i FRO~: James E. County AO~... James W. Dsvl. st Public Works 0' Yach~ Club Proposed Improvements.- Alloca~ion from FBIP P~F. LETTER: Letter from C£t¥ of Sebastian ~o George Schum dated March 1~, 1992 DAT~: April 6, 1992 FILE~ cosfbip.agn AND C0N~.iTION$ i I i The Cit? of Sebastian has over ~he past year improvements to the Yach~ Club prope~y and the boat laun=hing facilt~y. The Cl~y woul~ like tO remove and section along =he norLh s~de. The lncrease in use of =he =amp =hereby justifies t~e need for an ~ncresse of dockage area. Thio could be accomplished by finger pier. T~e cost to renovate ~he to~al pro~ect woul~ be ~approx~matel¥ $65,000. ALTERNAT!VES,,,,~A~ ANALYSIs The Parks and Recreation Committee met Thursday, April 2, ~ 1992 and heard ~he request from the City of Sebastian. II The Parks & Recreation Co~l=tee is reco~ending that Cl~y of Sebas~ian receive ~40,000 allocation from FSi~ Boating Fund. The unalloc~te~ balance Is a~proxA~=ely $52,000. ATTACHMenT Letter from City of March 18, 19~2 Sebastian to Georg~ $chum da=ed George Schum, Parks and Recreation Comm!=tee Daniel C. Eckis, P.E., City Engineer, C~t¥ of Sebaa~£an I City of Sebastian POST OFFICE BOX 780127 c SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Airport Manager Approved for Submittal By: City Manager ) 9}&O0/ ) ) Dept. of Origin: City Council ) ) Date Submitted= 04/08/93 /~/~/~)) For Agenda of 04/14/93 ) - Ordinance 0-93-08 )- )- EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT At the Regular Meeting of March 24, 1993, the city Council directed the City Attorney to prepare an ordinance amendment to remove the requirement that the Airport Manager for the Sebastian Municipal Airport shall be a fixed base operator but to provide an exception for the individual serving as the Airport Manager as of April 28, 1993. RECOMMENDED ACTION Read Ordinance No. 0-93-08 by title only and set public hearing for May 12, 1993. ORDINANCE NO. 0-93-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT;AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 22-29(a) OF THE CODE OF ORDINANCES TO PROVIDE THAT THE CURRENT AIRPORT MANAGER SHALL BE A FIXED BASE OPERATOR; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR iNCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY;ANDPROVIDING FOR AN EFFECTIVE DATE. WHI~REAS, the City Council of the City of Sebastian had previously adopted Ordinance No. 0-92-14 which amended former Section 3.5-4(a) of the Code of Ordinance of the City of Sebastian, now designated as Section 22-29(a), to remove the requirement that the airport manager for the Sebastian Municipal Airport shall be a fixed based operator at the Sebastian Municipal Airport; and WHEREAS, the City Council of the City of Sebastian adopted Ordinance No. 0-93-05, which extended the effective date of Ordinance No. 0-92-14 until April 7, 1993; and WHEREAS, the City Council of the City of Sebastian has determined that the current airport manager would be unduly burdened if that individual was required to sell the fixed based operation at the Sebastian Municipal Airport currently owned by such individual; and WHEREAS, the City Council of the City of Sebastian has determined that the manner in which the current airport manager conducts his fixed base operation at the Sebastian Municipal Airport does not conflict with his duties as the airport manager of the Sebastian Municipal Airport. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. Section 22-29(a) of the Code of Ordinances of the City of Sebastian is hereby amended in its entirety to read as follows: "(a) General Duties. (1) The airport manager shall be appointed by the city manager. The airport manager shall administer and be responsible for the enforcement of field rules, operation procedures, and all maintenance and storage requirements in compliance with Federal Aviation Administration rules and regulations, state statutes and rules and city ordinances. The airport manager shall present for review, as requested by the city manager, complete reports regarding any and all airport activities. All copies of Federal Aviation Administration reports, U.S. Department of Transportation reports and Florida Department of Transportation reports will be submitted to the city manager. (2) Notwithstanding anything contained in paragraph (a) of this Subsection 22-29(a) to the contrary, the individual who is serving as the airport manager as of April 28, 1993, shall be a fixed base operator at the Sebastian Municipal Airport until such time as that individual no longer owns a fixed base operation at the Sebastian Municipal Airport." SECTION 2. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the words "ordinance" may be changed to "section", "article", or other appropriate designation. 2 SECTION 4. SEVERA.BILITY. in the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of this Ordinance 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 Ordinance without said invalid and unconstitutional provision there by causing said remainder to remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Norma J. Damp Council Member Robert Freeland 3 The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1993. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) i HEREBY CERTIFY that notice of public hearing on this ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this ordinance at 7:00 p.m. on the day of , 1993, and that following said public hearing this Ordinance was passed by the City Council. Kathryn ,M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, City Attorney 4 I City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REVIEW PROPOSED ) Agenda Number: ~=~ ~-~¢ ALTERNATIVES FOR THE TREE ) ORDINANCE ) Dept. Origin: Community Development PROTECTION ) (BC)~ Approved For Submittal By: ) Date Submitted: 04/08/93 City Manager For Agenda Of: Exhibits: 1. Ordinance 0-93-06 04/14/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED:. SUMMARY STATEMENT At its regular workshop meeting of December 2, 1992, the City Council directed the city Attorney to draft an ordinance for a new tree protection ordinance based on the recommendation from the Planning and Zoning Commission. At its regular meeting of February 10, 1993, the City Council had a first reading of Ordinance 0-93-06 but, postponed setting the public hearing until staff could revise the ordinance-to place further restrictions on lots with an abundance of trees. The Planning and Zoning Commission had public input and reviewed several alternatives prior to sending the draft (Ordinance 0-93-06) to the City Council. I will be brief in describing those alternatives. Option 1. ordinance 0-93-06 - Even though the proposed ordinance seems extensive in the amount of pages, the basic revisions are as follows: Prior to the issuance of a landclearing permit for new construction, the homeowner shall be made aware of the tree protection ordinance and staff will be preparing a homeowner packet that will outline various methods to save trees· ~~. Page 2 Option 2. Option 3. Option 4. b. The minimum height of a tree that is planted to meet the requirements of the proposed ordinance has stayed the same except the proposed ordinance will require a minimum diameter of 2 inches. · c. The minimum tree requirements for residential building lots has increased except for lots less than 16,000 square feet in size. Credits for existing trees of a certain size shall be given as outlined on page 5. If trees are removed illegally, they will be required to be replaced as outlined on page 11. This option would require a lot owner to preserve a minimum of. 10 percent of the first 10,000 square feet of a lot and 500 square feet per 1,000 square feet of lot area over 10,000 square feet. Although this area would be considered a tree protection zone, it was contemplated that an owner or contractor could remove trees within this area with good cause provided, a minimum of one (1) tree for each 2,000 square feet of lot area with a minimum of five (5) trees. Even if this area was to be preserved in its natural state, the i proposal had a loophole. The owner or contractor could save strips of land in certain areas where there were no trees and still clear other areas that have trees. Point System - This idea is similar to Brevard County which requires a minimum of 480 points per acre to be gained by either saving or planting trees. Depending on the type and size of tree, certain amount of points would be awarded to the owner. This proposal would not necessarily save existing trees but require a minimum amount of trees based on points instead of a minimum amount of trees based on the size of the lot. Tree Protection Zone - The Planning and Zoning Commission had several definitions of a tree protection zone but, the basic idea was to require an area outside the footprint of the house, drive, septic and drainfie].d with 10 feet access way to the Page 3 rear of the house. This would allow a contractor to identify all improvements at that time and a clearing permit would be issued to allow all trees outside this tree protection zone to be removed. The following are some of the problems staff and Planning and Zoning had with the proposed tree protection zone: Se Although it may be easy to define the area for certain building improvements at the time of a single-family home is being constructed, how would this tree protection zone be defined for a property owner wishing to utilize his backyard for open recreational space such as volleyball nets, croquet, and horseshoes. A homeowner wishes to build a single-family structure at this time but contemplates building a pool enclosure within a year due to finances. This would necessitate the contractor coming in after all the improvements had been made and removing the trees for the .pool enclosure which undoubtedly would cost more money. The above four options were reviewed by Planning and Zoning, and Option No. 1 was recommended to City Council. Below are other options that staff has received from input by concerned citizens. Option 5. TREE REQUIREMENTS FOR RESIDENTIAL (ONE & TWO FAMILY) LOTS Prior to any development, a visual survey shall be conducted by the owner/agent to determine the lot's category (Table 1), utilizing all trees with a 4 inch caliper or more. Page 4 Table Categor~ #1 #2 #3 #4 Note: Existing Aggrega~9 Caliper of Trees Less than 50 inches 50 inches to 99 inches 100 inches to 199 inches Over 200 inches Palms and prohibited species shall not be counted Each lot with the above designated category shall retain a minimum amount of existing trees as specified in Table #2 Table Catego~ * #2 * #3 * #4 *Note: Require4 ~ Cai imf. of 'Trees Utilize section 20A-13.2 for this category only. Existing or new trees (2" minimum caliper) may be utilized. 24 inches (replacement trees shall be 3" min) 45 inches (replacement trees shall be 4" min) 60 inches (replacement trees shall be 5" min) Palm and prohibited species shall not be counted if site improvements require the removal of existing trees below the minimum required for that category in Table 2, replacement trees must be planted to meet the minimum caliper requirement for that category. Page 5 Option 6. TREE REQUIREMENTS FOR RESIDENTIAL (ONE & TWO FAMILY) LOTS Prior to any development, a visual survey shall be conducted by the owner/agent to determine the lot's category (Table 1), utilizing all trees with a 4 inch caliper or more. Table ,C~,.~eqor~ #1 #2 #3 #4 Existing~ ~ali~er of Trees Less than 50 inches 50 inches to 99 inches 100 inches to 199 inches Over 200 inches Note: Palms and prohibited species shall not be counted Each lot with the above designated category shall retain a minimum amount of existing trees as specified in Table #2 Table Cateqor~ #~ * #2 * #3 * #4 R~quired ~ Cali~er of Trees Utilize section 20A-13.2 for this category only. Existing or new trees (2" minimum caliper) may be utilized. 24 inches 45 inches 60 inches *Note: Palm and prohibited species shall not be counted Page 6 The Director may reduce the amount of total inches of tree required within this section provided the owner can show that the following improvements will interfere with the retention of the minimum amount of existing trees: 1. The area for buildings and structures, concrete (patios, driveways & sidewalks) and an area within five (5) feet of this type of improvement. 2. The area for the storage of a Recreational Vehicle pursuant to Section 20A-5.16 of the L.D.C. 3. Open recreation areas such as a volleyball court, horseshoes, etc. 4. Drainage - The necessity to fill to compensate for low lying areas. This must be approved by the Engineering Dept. Option 7 Intent - Require 25% of the total aggregate caliper of trees on a lot to be saved. If any of the improvements require the removal of trees below the 25%, the owner, at the time of Certificate of Occupancy, shall plant sufficient amount of trees to meet the 25% requirement. Trees to be planted to meet this requirement shall be at least 5" in caliper. Enforcement - 1. Prior to the issuance of a land clearing permit, the applicant shall provide a tree survey performed by a Registered Land Surveyor identifying all trees over 5 inches in diameter and indicating size, location and type. [NOTE: A tree survey could cost up to $400.] 2. The applicant shall indicate on the survey all trees to be retained with a minimum of 25% in total inches. 3. At the time of the C/O, the building inspector shall verify the minimum 25% of trees required. RECOMMENDED ACTION Review staff's report. ORDINANCE NO. 0-93-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XIV OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING TO TREE PROTECTION, IN ITS ENTIRETY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission for the City of Sebastian has met and approved the proposed amendment to the existing Tree Protection Ordinance for the City of Sebastian; and WHEREAS, the City Council has determined that the proposed amendment to the Tree Protection Ordinance of the City of Sebastian is in the best interest of the citizens of the City of Sebastian and will promote public health, safety and welfare, through better control of flooding, soil conservation, air pollution, and noise; by encouraging reduced energy consumption; by conserving water; and in general make the City of Sebastian a healthier, safer, and more beautiful place in which to live. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. TREE PROTECTION ORDINANCE AMENDMENT. Article XIV of the Land Development Code of the City of Sebastian, pertaining to tree protection, is hereby amended in its entirety, as follows: "Sec. 20A-14.1. Purpose, intent and applicability. A. Purpose. The purpose of this article is to establish protective regulations for trees within the City in order to: 1. Better control problems of flooding, soil conservation, air pollution and noise; 2. Encourage reduced energy consumption; 3. Conserve water; and Make the City a healthier, safer, beautiful place in which to live. and more B. Intent. The intent of this article is to encourage the protection of a maximum number of trees. It is further the intent of this article to encourage, in particular, the protection of native trees of the City. C. Applicability. This article shall apply to all real property lying within the City, except: Public protection - If any tree shall be determined to be in a hazardous or dangerous condition, so as to endanger the public health, welfare or safety and requires immediate removal without delay, verbal authorization may be given by the director and a written permit shall be issued after the fact. State of public emergency - During the period of an emergency, involving natural disasters such as a hurricane, tropical storm, wind storm, freeze, flood or any other act of God, the requirements of this article may be temporarily waived by the City Manager, or designee, so that the requirements of this article will in no way hamper private or public efforts to restore order in the City. Nurseries - All licensed plant or tree nurseries, or active groves shall be exempt from the terms and provisions of this article. This exemption, however, only relates to those trees planted and growing on the premises of the licensee, which are so planted and growing for the purpose of sale to the general public, or otherwise in the ordinary course of the licensee's business. Ail trees classified as prohibited or undesirable exotics according to Section 20A-14.17. "Definitions". Tree removal by public utilities as necessary to fulfill their function. Sec. 20A-14.2. Administration. Environmental Administrator. The Director of Community Development shall be the Environmental Administrator, and shall be responsible for administering the provisions of this article and shall direct, regulate and control the protection of all trees growing now and hereafter in the City. Sec. 20A-14.3. Tree protection prior to development. A. Destruction approval. To prevent the unnecessary destruction of trees on vacant, platted lot(s) where a building permit or subdivision approval has not been issued, the destruction of any tree(s), on any one parcel of real property within the city, shall be prohibited, without first obtaining a permit as required within this article. B. Land Clearing or Grubbing. It shall be unlawful to clear or grub land within the City without first having obtained a permit as provided in this section. C. Tree replacement. Ail trees that are illegal removed, or effectively damaged causing decline and eventual destruction, shall be replaced in accordance with Section 20A-14.15. D. Replacement cost. The cost of replacing tree(s)s shall be incurred by the party that damaged or removed the tree(s). E. Single-family and two-family requirements. Prior to a building .permit being issued for a single-family or two-family residence, the applicant shall indicate the minimum number of trees, pursuant to Section 20A-14.4 (B) (1) (g) of this Article. All trees that are retained or installed to meet this requirement shall be verified prior to the issuance of the Certificate of Occupancy. Sec. 20A-14.4. Application for Permits. A. This section shall apply to all new single-family & two family properties. For all new construction other than single- family or two-family residences, the minimum standards set forth in Article XIiI shall apply. Also, any person desiring a permit to clear, grub or otherwise similarly disturb property within the city limits of Sebastian shall make written application to the department on proper forms provided by the director. The application form must be accurately completed and signed. The applicant/contractor and owner, if other than applicant, must acknowledge an awareness and understanding of the requirements of this article, relating to the protection of trees during land preparation for construction and construction activities. The completed application shall be submitted with a filing fee as established by, resolution by, the city Council. The application shall be reviewed by the director or designee, and signed signifying approval, approval with modifications, or denial based on the pertinent criteria set forth in Section 20A-14o10. "Criteria for Permit Issuance" B. Permit applications and procedures. A completed "Application for Land Clearing, Grubbing, or Tree Removal,, form shall be required before any work is done on any lot. The application shall be accompanied by a survey, which may be prepared by the contractor, and any of the following information and documentation deemed appropriate, as described below: 1. Land Clearing or Grubbing., A legible, scaled drawing showing"property boundaries, physical or natural features, and limits of the proposed work; A statement of the purpose for clearing and/or grubbing; A general description of existing vegetation, topography, and any surface waters present; A description of the method of debris disposal; A description of the method(s) of soil erosion and sedimentation control to be undertaken during earthwork activities and the means and timing of soil stabilization subsequent to the completion of the clearing and grubbing activities. f. Trees to be retained. The minimum number of trees shall be according to the lot size, noted below. The minimum height of each tree must be at least six feet (6') and having a minimum two (2) inch diameter measured between four (4) & six (6) feet above the grade level. Exception: Citrus trees may be used provided that none is less than four (4) feet in height, and shall not exceed three (3) or 25%, whichever is greater, of the required minimum number of trees on the lot. MINIMUM TREE REQUIREMENTS FOR RESIDENTIAL BUILDING LOTS Lot Size:Square Feet Minimum Number of Trees To 9,999 10,000 To 15,999 16,000 To 19,000 20,000 To 29,000 30,000 To 39,000 40,000 To More Five (5) Trees Seven (7) Trees Twelve (12) Trees Fifteen (15) Trees Eighteen (18) Trees Twenty (20) Trees If trees must be added to the lot to conform with the requirements of this article, trees shall be supplied meeting: (i) Florida Grade 4 Number I or better nursery standards established by the State of Florida Department of Agriculture and Consumer Affairs; and (2) A minimum overall height of six feet (6') and a minimum trunk diameter of two inches (2") measured at four to six (4- 6') feet above grade level. Credit for Existing Trees. Ail existing trees that meet the following criteria may be applied towards meeting the minimum number of trees as required in subsection "G" above. Credits 5" - 10" = 1 Tree 10" - 20" = 2 Trees * 21" - 30" = 3 Trees * 30" & Over = 4 Trees * 2. A minimum of 5 trees saved, between 2"-4" in diameter, shall be given a credit of 1 tree. * Note: Palm trees can be used on a one for one credit but, no Palm Tree shall be utilized in the above formula. Sec. 20A-14.5. Prohibitions. A. It shall be unlawful to remove (as defined in Section 20A-14.17. "Definitions"), cut down, damage, poison or in any other manner destroy or cause to be destroyed any trees or mangroves covered by the terms of this article, except in accordance with the provisions of this article. All mangrove trimming or removal activities are subject to state permitting procedures. B. Attachments. it shall be unlawful to attach anything to a tree trunk or stem other than protective bindings, braces or other similar noninjurious materials. C. Prohibited or undesirable exotic trees and assessment of costs for removal. No person shall plant, or cause to be planted or permit to be planted anywhere within the corporate limits of the City of Sebastian, including any public street or right-of-way, the following trees: A. Ear Tree (Enterolobium cyclocarpum); B. Chinaberry (Melia azedarch); C. Australian Pine (Casuarina spp.); Punk Tree or Cajeput Tree (Melaleuca quinquernervia or Melaleuca leucadendron); E. Brazilian Pepper (Schinus terebinthifolius). Whenever the director, after investigation, determines that any one of the prohibited or undesirable trees has been planted within the City, the director shall, within ten (10) days, cause to be served upon the owner or occupant of the real property upon which the subject trees are located, notice that such trees are in violation of this section. If after service of the notice provided for herein, and following any requested hearing provided for herein, it is determined that a violation does in fact exist, the property owner shall thereafter have fifteen (15) days in which to remove the tree(s), or the director, shall have the trees removed and charge the costs of removal thereof to the real property owner. Sec. 20A-14.6. Individual Tree Removal permit requirement. No person, directly or indirectly, shall cut down, destroy, remove, relocate or effectively destroy through damaging, any tree situated on any property, or clear any lot or acreage located within the City, without first obtaining a permit as provided in this article. Sec. 20A-14.7. Tree removal permit exemptions. Prohibited or undesirable trees, as defined in Sec. 20A-14.17. "Definitions", must be indicated on the survey but are considered 6 prohibited trees (or undesirable exotics) and are subject only to a verification inspection by the department prior to removal. Sec. 20A-14.8. Application for individual tree removal permit other than new construction. A. Permit Requirement. Permits for removal, relocation or replacement of individual trees or groups of trees covered in this section shall be obtained by making application for permit to the director. B. The application shall be accompanied by a written statement indicating the reasons for removal, relocation or replacement of trees and one (1) copy of an accurate and legible Site Plan, drawn to the largest practicable scale, to show the following: Location of the tree(s) that are being removed or relocated. Location of the trees remaining or replaced to meet the minimum requirements of Section 20A-14.4 B 1 g. Sec. 20A-14.9. Permit Fee. A non-refundable permit fee, to be established by resolution of the City Council, shall be applied to each acre or fraction thereof to be inspected. Such a fee is deemed necessary for the purpose of processing the application and making the necessary inspection for administration and enforcement of this article. Sec. 20A-14.10. ~'Criteria for permit issuance. The issuance of a "Land Clearing, Grubbing or Tree Removal" permit by the director, as required by this Article, shall be based on the following criteria: The need for vegetation removal on purposes of land surveying or land development or other economic uses; the property for preparation for Whether protected trees either do not exist on the site, or do not need to be removed for construction purposes; Pose a safety hazard to pedestrian or vehicular traffic or, due to proximity to existing or proposed structures, threaten to cause disruption to public services and public easements; d. Pose a safety hazard to buildings; e. Are diseased trees or in condition weakened by age, storm, fire, insect attack or other injury that pose a danger of falling and a safety hazard to people, buildings or utilities and other improvements on lot or parcel of land; The extent to which tree removal is likely to result in damage to the property of other owners, public or private, including damage to lakes, ponds, streams, or rivers, through runoff or erosion; Topography of and relief to the land where the tree or mangrove is located and the future effect of tree removal on erosion, soil moisture retention and the diversion or increased or decreased flow of surface water, and coordination with the city master drainage plan or similar plans adopted by City Council; Good forestry practices, i.e., the number of healthy trees that a given parcel of land will support, and the number and density of trees and mangroves existing elsewhere within the neighborhood, on improved or unimproved property; Necessity to remove trees in order to construct proposed improvements to allow economic use of the property. J. Whether the tree has been designated a historic tree. k. The species and size of the tree(s) proposed for removal; The extent of any damage or hardship which would result to the applicant from a denial of the requested permit. Sec. 20A-14.11. Application review. A. General Review Procedures. The director shall act as soon as practicable but shall have no more than ten (10) working days after receipt of an application filed pursuant to this section in which to grant or deny the requested permit. If the director denies an application, the reason(s) for such denial shall be specified to the applicant in writing. B. Site plan requirement. In the case where a site plan is required to be submitted, the application shall be submitted simultaneously as part of the site plan application, and the time of approval shall be the same as required for site plan review. Sec. 20A-14.12. Appeal from denial of permit or other action of the director, penalty, and remedy. A. Appeal. Any applicant aggrieved by a decision of the director made pursuant to this article may appeal to a quorum of the planning and zoning commission sitting as a grievance board. Final appeal may be achieved by appearance before the City Council or a civil court, as provided by Sec. 20A-14.12.C. B. Penalty. Violation of any of the provisions of this article or the conditions of a permit issued hereunder shall be unlawful, any person violating any of the provisions of this article or the conditions of a permit issued hereunder shall, upon conviction, be punished as provided in Section 1-10 of the City Code of Ordinances, and until such violation is rectified, the building and/or land clearing permits issued in accord with site plan and tree protection plan approvals shall be rescinded. Further, whenever a violation shall be determined to exist, the building and/or land clearing permits issued in accord with site plan and tree protection plan approvals shall be rescinded and development work on the property shall be stopped until the violation is rectified and the permit(s) is/are reinstated by the city. In any appeal under this article, each individual tree or mangrove so removed, damaged or destroyed, will constitute a separate offense. C. Civil remedy available. In addition to the penalties provided inn Section 1-10 of the City's Code of Ordinances, any person who violates any provisions of this article shall: Forfeit and pay to the city a civil penalty egual to the total value of those trees or mangroves illegally removed or damaged as computed by the International Society of Arboriculture Shade Tree Value Formula. Such sum shall accrue to the City and may be recovered in a civil action brought by the city. Such sum so collected shall be placed in a fund for the tree bank or city street tree program, both established by resolution of the City Council, and shall be expended for the purchase of trees for replacement in public properties within the City. Replacement of illegally removed trees or mangroves may be required as restoration in lieu of money. This replacement will be computed on an inch-for- inch basis, according to the total inches at DBH of all illegally removed trees. A combination of money and tree and/or mangrove replacement may be required. D. Other remedy. No person shall remove, cut down, damage, poison or in any other manner destroy or cause to be damaged or destroyed any tree or mangrove in violation of this article. In the event of any such violation, or imminent threat thereof, the City Manager or designee, in addition to any other remedies provided by law, may institute a suit or injunction to prevent or terminate such continuing violations. Each day any violation of any provision of this article or of any ordinance shall continue shall constitute a separate offense, except that in any case where the violation consists of a discrete act or failure to act, each violation shall constitute a separate offense. Sec. 20A-14.13. Duration of permit. Any permit issued by the City pursuant to the requirements of this article shall expire if the work authorized by the permit is not completed within six (6) months of the date of permit issuance. The holder of such an expired permit may apply for re-issue within thirty (30) days of such expiration, and the director, at his/her discretion, may cause the permit to be re-issued, waiving the fee therefore. Alternatively, application for a new permit must be made. Sec. 20A-14.14. Tree Relocation by the City or the County. Where the applicant for a permit has authorized the City to enter upon his property and remove a tree or mangrove, the City shall have the option to relocate the tree or mangrove, at the City's expense, to publicly owned property. If the City does not elect to relocate such tree or mangrove, it may give the County the right to acquire such tree or mangrove at the County's expense, for relocation on other public land within the County. The relocation, either by the City or the County, shall be accomplished in fifteen (15) working days of the issuance of the permit to the owner. Should the City or County fail to remove the tree or mangrove within the fifteen (15) working-day period, the permit holder shall be allowed to proceed as provided in the permit. Sec. 20A-14.15. Tree replacement for illegally removed trees. A. Conditions and specifications for all tree replacement requirements. Characteristics. The replacement tree(s) shall have at least equal shade potential, screening properties, and other characteristics comparable to that of the tree(s) for which a removal request has been submitted. Size. Replacement of illegally removed tree(s) shall meet a size requirement providing for a standard of one-inch (1") DBH removed, unless otherwise agreed upon by both the director and the applicant. Any number of trees may be utilized to meet the inch-for-inch requirement, provided that acceptable spacings and design are maintained. 10 Species. The city may require that the species of the replacement tree(s) be the same as those for which removal is being requested, or may require such replacement trees to be of a species native to the East Central Florida area. Acceptable exotic or "naturalized" tree(s) and palms may be used to meet replacement requirements. A list of species which meet these requirements is available from the department. Minimum standards. At the time of planting, each replacement tree must have a minimum overall height of ten feet (10') and a minimum trunk diameter of two inches (2") measured six (6") inches above grade level. All such trees shall be of Florida Department of Agriculture Nursery Grade Standard (quality) Number I or better. Waivers of replacement tree(s) specifications. The planning and zoning commission may waive the species, size or minimum standards specifications if the applicant can demonstrate that the current market conditions are such that tree(s) meeting these specifications are not readily available. Substitute tree(s) allowed under this waiver section must have the approval of the director. Sec° 20A-14.16. Establishment. A. Any and all trees planted, replaced or relocated in compliance with this article must be maintained in a healthy, living condition after planting. Replacements that have not become established, have declined to an unhealthy condition to such a degree that survival is not probable, or have died, must be replaced. Such replacements must continue until a tree is established at the approved location, or if repeated failures or other factors indicate that the specified location is unsuitable, at a location approved by the director. Sec. 20A-14.17o Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section: City shall mean the incorporated City of Sebastian, Indian River County, Florida. city Manager shall mean the city Manager or designee authorized to perform one or more of the duties of the City Manager, pursuant to this article. 11 Crown shall mean all branch parts including all stems, twigs and foliage. Department shall mean the Community Development Department. Diameter At Breast Height (DBH) shall mean the standard measurement of the diameter, in inches, of a single-stemmed tree measured at four-and-one-half (4 1/2') feet above grade. The DBH of a multi- stemmed tree shall equal the sum total of the diameter of all stems measured at 4 1/2' above grade. Director shall mean the Director of the Community Development Department, or an employee authorized by the Director to perform one or more of the duties of the Director, pursuant to this article. Dripline shall mean an imaginary line along the ground which conforms to the perimeter of the crown of a tree as projected vertically to the ground. Existing Diameter At Breast Height (EDBH) shall mean the total diameter measured in inches at 4 1/2' feet above grade of all protected trees existing on a site prior to the beginning of development on the site. EDBH shall not include any trees determined by the director to be a prohibited species, dead or in a declining condition, which would warrant their removal. Grubbing shall mean the removal of any type of rooted vegetation from land by digging, raking, dragging or otherwise disturbing the roots of such vegetation and the soil in which such roots are located. Hazardous Tree shall mean a tree that, in the opinion of the director, constitutes .a hazard to life or has a significant potential to cause injury to persons or damage to property as the tree is in imminent danger of falling, or is otherwise considered by a representative of the department to be or to create a hazard. (i.e., a dead, diseased, broken, split, cracked, leaning and uprooted trees). A hazardous tree shall also include a tree harboring communicable diseases or insects. Historic Tree shall mean a tree(s) which has been found to be a notable historic interest to the city, because of its age, type, size or historic association with the community and has been so designated by resolution of the City Council, and the City Clerk shall keep a permanent record of all trees so designated. Land Clearing shall mean the removal by any means of any type of vegetation or trees from land. Mangrove shall mean any or all of the protected species of aquatic woody plants listed by the State of Florida Department of Natural 12 Resources and the Department of Agriculture and Consumer Affairs. Native Vegetation shall mean any and all plant and tree species that are indigenous to the city of Sebastian. Prohibited or Undesirable Exotic Trees shall mean the five tree species, that if present on the site are considered to be prohibited trees (or undesirable exotics) and are subject only to a verification inspection by the department prior to removal. Under no circumstances shall any of the named tree species be deliberately introduced into the City and planted on public or private property; and any such action shall be deemed a violation of this article and shall be cause for assessment of penalty and damages for subsequent removal against said violator: A. Ear tree (Enterolobium cyclocarpum); B. Chinaberry (Melia azedarch); C. Australian pine (Casuarina spp.); Punk tree or cajeput tree (Melaleuca quinquernervia or Melaleuca leucadendron); E. Brazilian pepper (Schinus terebinthifolius) Protected Tree shall mean any tree of five (5) inches DBH (15.7 inches in circumference) or greater, that is not otherwise exempted herein. Protective Barrier shall mean a physical structure, composed of material complying with the specifications and requirements of this article which effectively limits access to a protected area. Remove or Removal shall mean any act which will cause a tree to be damaged, decline or die within a period of eighteen (18) months, e.g., damage inflicted upon the root system by heavy machinery, or by changing the natural grade above the root system or around the trunk; damage inflicted on the tree, by excessive pruning or the application of any chemical, which permits infection or pest infestation or causes poisoning; or damage caused by other direct or indirect actions, including paving with concrete, asphalt, or other impervious material to within two (2) feet of the outside diameter of a tree. The terms "Remove or Removal", when applied to a mangrove shall mean the actual removal or causing the effective removal through damaging, poisoning or other direct or indirect actions resulting in death or decline of a mangrove, and shall also mean the removal of any part of a mangrove plant through pruning, trimming, cutting, mowing or other direct or indirect actions resulting in the removal of any part of a mangrove plant. Root Pruning shall mean the cutting of tree roots for the purpose 13 of moving a tree or facilitating nearby construction or landscaping. Topping shall mean the removal of vertical leader stems on trees 5" DBH or greater. Tree shall mean any self-supporting and erect, standing woody plant having at lease one well-defined stem, which together with its root system, is of a species which normally attains a minimum overall height at maturity of at least six (6') feet in the Sebastian service area, and shall include, but not be limited to the region appropriate species listed and on file with the City Clerk, as adopted by resolution of the City Council and revised as required, from time to time. Undesirable Tree (See Prohibited or Undesirable Tree.) SECTION 2. ~.pnflict. Ail Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 3. Severability. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. Codi.ficatioD. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part to the Code of Ordinances of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. SECTION 5. Effect%ye Date. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: 14 Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Peter R. Holyk Councilmember George G. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1993. CITY OF SEBASTIAN By:. Lonnie R. Powell, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE Approved as to form and content: Charles Ian Nash, City Attorney 15 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: BID AWARD FOR THE ADDITION TO THE COMMUNITY DEVELOPMENT BUILDING Approval for Submittal By: City Manager Agenda Number: Dept. Origin: Communit_~¥ .Development (BC~ Date Submitted: 4/08/..~..~... ' ) ) Exhibits: ) 1. Bid Tabulation Sheet ) ) 4/14/93 EXPENDITURE REQUIRED: $18,975.00 AMOUNT BUDGETED: SB0,000.00 APPROPRIATION REQUIRED: I I I I. I I I I SUMMARY STATEMENT Bids were received and opened in the City Clerk's office on April 5, 1993 at 2:30 P.M. A total of two contractors submitted bids with Randy Hines Construction, Inc. submitting the lowest bid. Staff conducted a bid clarification meeting with Mr. Hines and determined that Mr. Hines's bid has met all the bid specifications and requirements. This project consists of the addition and a mobile shelving system similar to the City Clerk's vault. A total of $30,000.00 was budgeted and the remaining $11,025.00 will be utilized for the mobile shelving system. RECOMMENDED ~CTIQN Move to approve the bid for Randy Hines Construction, Inc. in the amount of $18,975.00 for the addition to the Community Development building.