HomeMy WebLinkAbout05121993I
City. of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MAY 12, 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. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - NO One Available
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).
93.158
93.159
PG 3
93.160
PG 5
93.161
PG 7
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Proclamation - Teacher Appreciation Week (Michael
Lanam - IRC School Board)
B. Proclamation - Sebastian River Area Junior
Woman's Club - Mary Clark award----~.F~£~/.~ ~/,~~
C. Proclamation - National Police Week (Chief of
Police, Earl Petty)
De
Proclamation - Municipal Clerk's Week - (City
Clerk, Kathryn O'Halloran)
93.001
PGS 9-12
93.152
PGS 13-28
93.122
PGS 29-67
93.157
PGS 69-74
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
Pleas@ ~ 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.
A. ORDINANCE NO. 0-93-08 - Airport Manager
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.
(lst Re~k~~93, Advertised 4/28/93, PH and
ITEMS CARRIED FORWARD FROM TH~ ~ 5, 1993 WORKSHOP
RESOLUTION NO. R-93-~ - Utility Rates (R-93-23
w/Exhibit A - Legislative Version)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING WATER AND WASTEWATER
UTILITY RATES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Proposed Ordinance No. O-93-12 and Resolution No.
R-93-17 - Cemetery (City Clerk Recommendation
dated 4/22/93, Ordinance O-93-12, Resolution
R-93-17 - Legislative Versions)
Personnel Department Activities & Goals (Staff
Recommendation dated 4/29/93, Widmann memo dated
4/28/93)
PGS 75-98
93.162
PGS 99-Z03
9. CONSSN~~
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 - 4/28/93 Regular Meeting,
5/5/93 Workshop
Sunshine Quality Construction - Specimen Tree
Removal - One Oak - Lot 7, Block 52, Unit 2,
Sebastian Highlands (Staff Recommendation dated
4/30/93, Application, Survey, 3/24/93 Council
Minutes, Elder Letter dated 4/16/93)
93.163
PGS 105-108
93.164
PGS 109-111
93.165
PGS 113-118
Ameron Homes, Inc. - Specimen Tree Removal - One
Oak - Lot 7 & 8, Block 302, Unit 10, Sebastian
Highlands (Staff Recommendation dated 4/26/93,
Application, Survey)
Prudential Building Co., Inc. - Specimen Tree
Removal - One Oak - Lot 10, Block 456, Unit 17,
Sebastian Highlands (Staff Recommendation dated
5/5/93, Application, Survey)
RESOLU~.ION NO. R-93-18 - Vacation of Easement -
Lots 6 & 7, Block 62, Unit 2, Sebastian Highlands
(R-93-18, City Engineer Memo dated 4/20/93,
Application, Survey, Authorization from Frazelle)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING, AND DISCONTINUING THE PUBLIC UTILITY
EASEMENTS OF THE NORTH FIVE FEET OF LOT 6, AND
THE SOUTH FIVE FEET OF LOT 7, BLOCK 62, SEBASTIAN
HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 5-37, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING
FOR AN EFFECTIVE DATE.
93.166
PGS 119-120
93.167
PGS 121-123
Sebastian River Art Club - Request Use of
Riverview Park - 93/94 Season Art Shows -
Standard Conditions (City Clerk Recommendation
dated 4/29/93)
Fraternal Order of Police - Request Rental Fee
Waiver and Alcoholic Beverage for Use of
Community Center - Halloween Party - 10/30/93
(City Clerk Recommendation dated 5/4/93,
Application, FOP Letter dated 5/4/93)
10.
11.
12.
13.
14.
15.
16.
93.168/
92.305
PGS 125-129
93.141
PGS 131-138
17.
PRESENTATIONS - None
MAYOR AND CITY COUNCIL M~TTERS
A. Mayor Lonnie R. Powell
B. Vice-Mayor Frank Oberbeck
C. Mrs. Carolyn Corum
D. Mrs. Norma Damp
E. Mr. Robert Freeland
CiTY ~MATTERS
CITY MANAGER MATTERS
COMMITT~ REPORTS/RECOMMENDATIONS
OLD BUSINESS
NEW BUSINESS
A. Barber Street Sports Complex Design Change (City
Manager Recommendation dated 5/6/93, Field
Layout)
B. Washington Street Environmental Consultant Bids
(Staff Recommendation dated 5/6/93)
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is
Not Otherwise on the Agenda - By Resolution No. R-89-
30 Limit of Ten Minutes for Each Speaker)
93.089 A. Jan Beach - Tract "D" - Tennis-Racquetball
Complex (Letter dated 4/27/93, City Manager
Letter dated 5/4/93)
93.089 B. Andrew Cortez - Tract "D" - Tennis-Racquetball
Complex (Letter from Concerned Citizens)
18. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
WHEREAS, a strong ~ffective system of free
public education for all children and youth is essential
to our demOcratic system of government; and
WHEREAS, the Indian River county School
system has made considerable progress in the social,
technological and scientific fields due to our system of
free and universal public education; and
WHEREAS, much of this progreS~ can be attributed to
the qualified and dedicated teachers entrusted with
educational development of our children and their full
potentials; and
WHEREAS, teachers should be ~ccorded high public
esteem, reflecting the value that the community places on
public education; and
WHEREAS, it is appropriate that teachers be
recognized for their dedication and commitment to educating
their students;
NOW, THEREFORE, i, bonnie R. Powell,. by the authority
vested in me as Mayor of the City of Sebastian, do hereby
proclaim May 9th through May 15th as "Teacher ~ppree~a%ion Week~
and urge all citizens to pay tribute to our public school
teachers.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the city of Sebastian this 12th day of
May, 1993.
~6~ie R. Powell, Mayor
ATTEST:
Kathryn M. O'Halloran, City Clerk
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WHEREAS, the congress of the united States of America
has designated the week of May 15th to be dedicated as
"National Police Week" and May 15th of each year to be "Peace
Officer's Memorial Day"; and
WHEREAS, the law enforcement officers are our guardians
of life and property, defenders of the individual right to be
free people, warriors in the war against crime and dedicated
to the preservation of life, liberty and the pursuit of
happiness; and
WHEREAS, it is known that every fifty-seven hours an
American police officer will be killed in the line.of duty
somewhere in the United States and one hundred thirty-six
officers will be seriously assaulted in the performance of
their duties. Our community joins with other cities and towns
to honor all peace officers everywhere.
NOW THEREFORE, I, Lonnie R. powell, by the power
vested in me as the Mayor of the City of Sebastian, do
hereby proclaim the week of May 15th, 1993 to be "Police
Week" and call Upon all our citizens to especially honor and
show our sincere appreciation for the police officers of this
city in deed, remark and attitude. I, further call upon all
our citizens to make every effort to express their thanks to
our men and women who are willing to sacrifice their lives,
if necessary to guard our loved ones~ property and government
against all who would violate the law.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the city of Sebastian, Indian River
County, Florida, this 12th day of May, 1993,
ATTEST:
~onnte R. Powell, Mayor
Kathryn M. O'Hailoran, Ci~ Clerk
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WHEREAS, it is imperative to the democratic process
that a well-informed citizenry participate in the operation
of their local government; and
WHEREAS, the office of Municipal Clerk provides the
communication link between the citizens, the local government
legislative body and admin~strative departments, and agencies
of government at other levels; and
WHEREAS, the MunicipalClerkS serve as the information
center on the functions of their local government by making
available the records of local government, distribution of
published materials and reportS, presentations before
co~Tmunity and school groups, and answering questions on the
government activities and programs; and
WHEREAS, the MuniCip&l clerks and their staff have upon
their own initiative participated in education programs,
seminars, workshops and the annual meeting of their state,
province and international professional organizations which
not only improved the operation of their office but through
their achievements and awards have brought favorable
publicity to the communities...that they serve.
NOW, THEREFORE, I, ~onnie R. Powell, by virtue of the
authority vested in me as Mayor of the City of Sebastian do
hereby proclaim the week of May 2nd through May 8th 1993 as
"M~nicipel clerks' Week" and further extend appreciation to
our Municipal Clerk, Kathryn M. o~Malloran, and to all
MuniCipal Clerks for the vital services they perform and
their exemplary dedication to the communities they represent.
iN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Sebastian, Indian River
county, Florida, this 12th day of May, 1993.
ATTEST~
Lonni6 R. Powell, Mayor
Kathryn M. O'Halloran, City ~e~k
ORDINANCE NO . O- 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.
WHEREAS, 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 (1)
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.
All 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. 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 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
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
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RESOLUTION NO.:
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDa, ADOPTING NATER AND WASTE~ATER UTILITY
RATES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING FOR
SEVERABILiTY~ AND PROVIDING FOR AN EFFECTIVE D~TE.
WHEREAS, the City of Sebastian, Indian River County,
Florida owns and operates a municipal water and wastewater
utility; and
WHEREAS, the city has previously established rates with
respect to said utility by Ordinance No. 0-92-15 of the City of
Sebastian; and
WHEREAS, Ordinance No. O-92-15 provides that water and
wastewater utility rates may, from time to time, be amended by
resolution of the City Council; and
WHEREAS, the Indian River County Take-Over Agreement with
Nelson Hyatt dated July 11, 1989, requires a $10.00 per month
surcharge for Park Place customers; and
WHEREAS, the Interlocal Utilities Agreement with Indian
River County dated April 15, 1992 assigned the County's interest
in the Hyatt agreement to the City; and
WHEREAS, the rates adopted pursuant to Ordinance No. O-92-15
did not include the $10.00 per month surcharge for Park Place
customers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, that=
Section 1. UTILITY RATES FOR WATER AND WASTEWATER SERVICES
TO CUSTOMERS SERVICED WITHIN THE CORPORATE CiTY LIMITS OF THE
CITY OF SEBASTIAN.
The city hereby adopts water and wastewater rates as set
forth in Exhibit "A" to this Resolution.
Sectio~ 2. CONFLICT. All resolutions or parts
resolutions in conflict herewith are hereby repealed.
of
section ~. SEVEPJtBILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Sectio~ ~. EFFECTIVE D~TE.
effect as of May 1, 1993.
This Resolution shall take
The foregoing
Councilmember
Councilmember
the vote was as follows:
Resolution
was moved for adoption by
'The motion was seconded by
and, upon being put into a vote,
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilman Norma J. Damp
Councilman Robert Freeland
The Mayor thereupon declared this Resolution duly passed as
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
EXHIBIT "A"
SCHEDULE OF WATER AND SEWER RATES, FEES ~ ~GES
1993
MONTHLY RATES
1993
Water
Billing Charge - Per Account
$2.00
Base Facilities Charge Where
Lines Are Available - Per ERU
$9.20
Base Facilities Charge Where
Capacity is Reserved But Lines
Are Not Available - Per ERU
$4.60
Volume Charqe
0 to 3,000 Gallons Per Month
Per ERU Except Irrigation
Only - Per 1,000 Gallons Per
Month
$1.75
3,001 to 7,000 Gallons Per
Month Per ERU and Irrigation
Only ~ - 7,000 Gallons
Per 1,000 Gallons
$2.15
Over 7,000 Gallons Per Month
Per ERU - Per 1,000 Gallons
$2.55
Excess Volume Surcharge For
Use Greater than 13,000
Gallons Per Month Per ERU -
Per 1,000 Gallons
$2.30
Sewe~
Billing Charge - Per Account
$2.00
Base Facilities Charge Where
Lines Are Available - Per ERU
$13.50
Base Facilities Charge Where
Capacity is Reserved But Lines
Are Not Available - Per ERU
$6.75
SCHEDULE OF WATER AND SEWER RATES, FEES AND C~RGES
1993
(continued)
Volume Charge - Calculated as
85% of Water Use - Per 1,000 Gallons -
10,000 Gallon Per Month Maximum for
Residential Customers
Excess Volume Surcharge For
Use Greater than 11,000 Gallons
Per Month Per ERU - Per 1,000 Gallons
Excess Sewage Strength Charge
Excess Sewage Strength Charge Applicable
to Customers Required to Use Greasetraps
But Who Have Obtained a Variance Due to
Hardship or Financial Unfeasibility
Septage
Charge Per 1,000 Gallons
IMPACT FEES
Water - Per ERU
Water Treatment and Storage
Water Transmission
Total
Sewer - Per ERU
Wastewater Treatment and Sludge
Disposal
Effluent Disposal
Wastewater Transmission
Total
$3.35
$4.45
Sewage Charge*
Ration of Total
Dissolved Solids
or Biochemical
Oxygen Demand in
milligrams Per
liter / 250
$105.00
$973.00
$597.00
$1,570.00
$1,159.00
$716.00
$676.00
$2,551.00
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SCHEDULE OF WATER AND SEWER RATES, FEES AND CHARGES
1993
(continued)
Impact Fees For 1994 and
Subsequent Years Will Be
Increased In Proportion to
the Engineering New Record
Construction Cost Index
Applicable to Indian River County
0THE ,C eES
Park Place Surcharge*
Deposits Required Upon Opening,
Transferring, or Reconnecting Service
Residential and Commercial - Per ERU
Hydrant Meter
Interest Rate Paid on Deposits
Charge for Returned Check
Issuance of Duplicate Bill
Sewer Tap
Meter Replacement
5/8 Inch
1 Inch
I 1/2 Inch
2 Inch and Larger
Meter Removal
5/8 Inch
1 Inch
i 1/2 Inch and Larger
$10.00 Per Month
$50.00
$345.00
Prevailing Interest,
Rate
$20.00
$1.50
Cost Plus Overhead
$100.00
$125.oo
$3o0.00
Cost Plus Overhead
$30.00
$30.oo
$40.00
* The $10.00 per month surcharge will be billed through August,
1999 in accordance with the July 11, 1989 Takeover Agreement.
SCHEDULE OF WATER AND SEWER R~TES, FEES AND CHARGES
Water Service ~onnection
5/8 Inch Meter
i Inch Meter
1 1/2 Inch Meter
Larger Than 1 1/2 Inch Meter
,~w~r ,service Connection
Residential
Commercial and Other
Paved Road Cuts
Road Jacking and Boring
Grass Restoration
Unauthorized Use of Fire Hydrants
Other and Extraordinary Services
Meter Installation
5/8 Inch Meter
1 Inch Meter
i 1/2 Inch Meter
2 Inch Meter
3 Inch Meter and Larger
Fire Hydrant Meter
Water Service Reconnection
During Working Hours
After Working Hours
1993
(continued)
$400.00
$460.00
$B10.00
Cost Plus Overhead
$500.00
Cost Plus Overhead
Cost Plus Overhead
$200 Minimum
Cost Plus Overhead
Cost Plus Overhead
$115.00
Cost Plus Overhead
$130.00
$200.00
$5OO.OO
$630.00
Cost Plus Overhead
$25.00
$18.00
$25.00
4
SCHEDULE OF WATER AND SEWER RATES, FEES AND CHARGES
1993
(continued)
Meter Rereads and Leak Inspection
Delinquency Charge
General Service Calls
Meter Test
5/8 Inch Meter
i Inch Meter
I 1/2 Inch Meter
Damage Repair
Line Location
En~ineerin~ Services
Site Plan Review - Under 40
Units and Without Lift Station
Site Plan Review - Over 40 Units
or With Lift Station
Inspection Fee
Water Per Connection
Sewer Per Connection
Hydrant Flow Test
Fire Protection Charge - Per Year
FRANCHISE CHAR~ES
Application Fee
$15.00
$2.00 Plus 1.5%
Per Mo.
Cost Plus Overhead
$20.00
$20.00
Cost Plus Overhead
$100.00 Plus
Cost Plus Overhead
Cost Plus Overhead
$50.00 Minimum
Cost Plus Overhead
$150.00 Minimum
$25.00
$25.00
$60.00
$170.00
Cost Plus Overhead
$50.00 Minimum
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SCHEDULE OF WATER AND SEWER RATES, FEES AND CHARGES
1993
Establish Franchise
Franchise Name Change
Franchise Territory Change
Chanae of ownersh.ip
49 ERUs or Fewer
50 ERUs or More
Rate Hearing
49 ERUs or Fewer
50 ERUs or More
Public Hearing
(continued)
Cost Plus Overhead
$1,100.00 Minimum
Cost Plus Overhead
$115.00 Minimum
Cost Plus overhead
$115.00 Minimum
Cost Plus Overhead
$115.00 Minimum
Cost Plus Overhead
$300.00 Minimum
Cost Plus Overhead
$300.00 Minimum
Cost Plus Overhead
$575.00 Minimum
Cost Plus Overhead
$115.00 Minimum
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SCHEDULE OF WATER AND SEWER RATES. FEES. AN[:) CHARGES
~ 1993
Water
Billing Charge - Per Account
Base Facilities Charge Where
Lines Are Available - Per ERU
Base Facilities Charge Where
Capacity Is Reserved But Lines
Are Nol Available ~ Per ERU
Volume Charge
0 lo 3,000 G~llons Per Monlh
Per ERU Except Irrigation
Only - Per 1,000 Gallons Per
Monlh
3,001 Io 7,000 Gallons Per
Monlh Per ERU and Irrigation
Only 0 - 7,000 Gallons Per
Monlh - Per 1,000 Gallons
Over 7.0.00 Gallons Per Monlh
Per ERU - Per 1,000 Gallons
Excess Volume Surcharge For
Use Greater Ihan 13,000
Gallons Per Month Per ERU -
Per !.000 Gallons
Sewer
Billing Charge - Per Accounl
Base Facilities Charge Where
Lines Are Available - Per ERU
Base Facilities Charge Whore
CaDaclly Is Reserved But Lines
Are Not Available - Per ERU
$2.00
$1.75
$?-15
$2.55
$1.95
$1.75
$2.15
$2.55
$2.10
.00
(Ib10751047.wk 1
1993
$2.00
$9.20
$4.60
$~.75
$2.15
$2.55
$2.30
$2.00
$13.50
$6.75
SCHEDULE OF WATER AND SEWER RATES. FEES. AND CHARGES
44~1993
Volume Charge - Calculaled as
1993
85 Percenl o! Waler Use -
Per 1,000 Gallons - 10,000
Gallon Per Monlh Maximum lot
Residential Customers
Excess Volume Surcharge For
Use Greater than 11,000
Gallons Per Monlh Per ERU -
Per 1.000 Gallons
Excess Sewage Slranglh Charge
Excess Sewage Slrength Charge
Applicable Io Customers
R~luired Io Use Greaselraps
Bul Who Have Oblalned a
Variance Due lo Hardship or
Financial Unleaslbtllly
Seplage
Charge per 1.000 Gallons
IMPACT FEES
Waler - Per ERU
Waler Treatmenl and Slorage
Water Transmission
Tolal
Sewer - Per ERU
Wastewaler Treatment and Sludge
Disposal
Ettluenl Disposal
Wastewaler Transmission
Tolal
'lb1075/047.wk 1
$3.35
Sewage
$3.70
al
Dissolved
or
Oxygen
milligrams per
liter 1 250
tn
Sewage Ch;
Ralio of'
Dissolved
or Bloch,
Oxygen
mill;
Iiler I
50 Percent Excess
Sewage Strength
Charge
$100.00
$818.00
$502.00
$1,320.00
$893.00
441.00
$979.00
$604.00
$580.00
$2,163.00
$1.04
$626.1
$2,321.00
$3~35
$4.45
Sewage Charge °
Ratio of Tolal
Dissolved Solids
or Biochemical
Oxygen Demand In
milligrams per
liter 1 250
$105.00
$973.00
$597.00
$1,570.00
, $1.159.00
$716.00
$676.00
SCHEDULE OF WATER AND SEWER RATES. FEES. AND CHARGES
subSe~luent years will be Increased '
In pro~orlion Io lhe
Engineering New Record
construction CoSt Index
applicable Io Indian River County ,
OTHER CHARGES _
Deposits Resulted Upon Opening.
Tfanslerrlng. or Reconnecllng
Service
Residential and Commercial - .
Per ERU . $50.00
Hydrant Melee ~$345.00 /$345:00
Interest Rale Paid off Deposits 0.5 e.,~ Pe~onlh 0 5 % 'er Monlh
Z / '
Sewer Tap Cost Plus Overh Co.~ ~l Plus Overhead
Meier Replacemenl
518 Inch .. $1C 0.~ ~ $100.00
, ,i2,nch ~0.00-/ \~ $300 00
2 Inch and Larger Cost Plus head CostP~Overhead
Meier Removal
5/8 Inch $30.00 ~ $30.00
linch $30.00 ~k30. O0
1 112 Inch amd Larger $40.00 $~00
1993
$50.00
$345.00
$1.50
Cosl Plus Overhead
$100.00
$125.00
$300.00
Cosl Plus Overhead
$30.00
$30.00
$40.00
db10751047.wk ~
SCHEDULE OF WATER AND SEWER RATES, FEES. AND CtlAflGES
~J~1993
Waler Serv_ic.e Connecllon
518 Inch Meier
1 Inch Melef
1 112 Inch Meier
Larger Ihen I 112 Inch Meier
Sewer Service Connecllon
Resldenllal
Commercial and Olher
Paved Road Culs
$400.00
$460.00 $4;
$810.00 . $8~
Overhead Cosl Plu
$500.00 $500.00
Cosl Plus Cosl
Cosl Plus ( Cosl Overhead
$200 Mlnlml $200
Road Jacking and Boring Coal Plus
Grass Reslorallon
Cosl Plus Overh, Plus Overhead
Unaulhorlzed Use of Fire Hydranls $1 l~ $115.00
Olher and Exlraordlnary
Services Coal Plus Overhead Coal Plus Overhead
Meier Inslallalion
518 Inch Meier
$130. $130.00
! Inch Meier
00 $200.00
I 112 Inch Meier
2 Inch Meier
$630.00
3 Inch Meier and Larger Cosl Plus Cosl Plus
Fire Hydranl Meier .
$25.00 $25.00
~/aler Service Reconneclion
During Working ttours $18.00 $
AIlar Working IIours
$25.00 $25.
075104 7.wk 1
1993
$400.00
$460.00
$810.00
Cost Plus overhead
$500.00
Cost Plus Overhead
Cosl Plus Overhead
$200 Minimum
Cosl Plus Overhead
Cosl Plus overhead
$115.00
COSl Plus Overhead
$130.00
$200.00
$630.00
Cost Plus Overhead
S25.00
$18,00
$25.00
I
I
I
I,
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SCHEDULE OF WATER AND SEWER RATES. FEES, AND CtlARGES
Meier Remacis'"a'nd Leak Inspection
Delinquency Charge
General Service Calls
Meter Test
518 Inch Meier
1 inch Meier
1 112 Inch Meter or Larger
Damage Repair
Line Locallon
Engineering Services
Slle Plan Review - Under 40
Units and Wilhoul Mil Slallon
Site Plan Review - Over 40
Unlls or Wllh Lill Station
Inspeclton Fee
Waler Per Conqeclion
Sewer Per Connection
Hydrant Flow Tesl
Fire Protection Charge - Per
Year
FRANCHISE CHARGES
Application Fee
dblO751047.wk I
$15.00
;2.00 Plus 1.5% Per Mo. $2.00 Plus 1,5%
onlh Monlh
Plus Overhead Cost Plus Overh~
Cosl Plus
$100 Plus
Cost
Cost Plus Overh~
$20.00
$20.00
$20.00
$20.00
Cost Pk
$100
Cost
Plus Overhead
Cost Plus Overhead
$50 Minimum
Cosl Plus Overhe;
$150 Minimum
Cosl Plus Overhead
$50 Minimum
Plus Overhead
Minimum
$25.00
$60.00
$170.O0
Plus Overhead
um
$25.00
$25.00
$60.00
Cost Plus Overhe;
$50.00 Minimum
1993
$15.O0
$2.00 Plus t.5e/e Per M
Monlh
Cost Plus Overhead
$20.00
$20.00
Cosl Plus Overhead
$1 O0 Plus
Cosl Plus Overhead
Cosl Plus Overhead
Cost Plus Overhead
$50 Minimum
Cosl Plus Overhead
$150 Minimum
$25.00
$25.00
$60.00
$170.00
Cost Plus Overhead
$50.00 Minimum
SCHEDULE OF WATER AND SEWER RATES, FEES. AND CHARGES
Eslabllsh F;anchlse
Franchise Name Change
Franchise Terrllory Change
Change gl Ownership
,19 ERUs or Fewer
50 ERUs or More
Rale Hearing
49 ERUs'or Fewer
50 ERUs or More
Overhead Cost Plus
Minimum $1,100
Plus Overhead Cosl Plus Overh
$115.00 Mir
overhead ,Cost Plus
Cosl Plus; Plus Overhead
St 15.00 Minim, 15.00 Mintmum
Cost Plus overhead Cost Plus Overhead
$300.00 Minimum $300,~)0 Minimum
Cosl Plus
Cosl PIu
Cosl
$30(]
Public Hearing
ead Cost Plus Ovm
5.00 Minimum $! 15.00 Mlnimu~
1075104 7.wk I
t993
Cosl Plus Overhead
$1,100 Minimum
Cosl Plus Ovorhead
$1 t5.0o Minimum
Cost Plus Overhead
$115.00 Minimum
Cosl PlUs Overhead
$! 15.00 Minimum
Cosl Plus Overhead
$300,00 Minimum
Cosl Plus Overhead
$300.00 Minimum
Cosl Plus Overhead
$575.00 Minimum
Cost Plus Overhead
$$ tS.00 Minimum
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
AGENDA FORM
SUBJECT:
ordinance No. O-93-12
Chapter 34 Cemetery Amendments
Resolution No. R-93-17
Cemetery Rates
APPROVED FOR SUBMITTAL BY:
City Manager:. ~
Agenda No. 73./~ ~
Dept. Origin ~ Clerk .~
Date Submitted 4/22/93
For Agenda Of ~ 5-11-94
Exhibits: O-93-12
R-93-17
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY
The City Council, at its April 7, 1993 workshop, concurred with staff
recommendation pertaining to increase of current cemetery rates and
addition of rates for niches.
Although City Council concurred at that meeting to delete 4' X 4'
cremains lots, as staff had recommended, it was brought to our
attention that there are seventeen such lots left in the cemetery
which I recommend that we continue to sell until they are gone.
Therefore; with the concurrence of the City Manager, rates for
cremains lots remain in the proposed resolution.
Proposed Resolution No. R-93-17 cannot be adopted until Chapter 34 of
the Code of Ordinances is amended to provide for niches.
Proposed Ordinance No. O-93-12 and Resolution No. R-93-17 are
presented for your review.
RECOMMENDED
Review Ordinance No. 0-93-12 and Resolution No. R-93-17 and schedule
accordingly.
DATE:
TO:
FROM:
RE:
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
M E M 0 R AI~ D UM
April 20, 1993
Charles Ian Nash
City Attorney
Kathryn M. O'Halloran
City Clerk
Proposed Ordinance No. O-93-12
Cemetery
The City Council, at its April 7, 1993 workshop, directed staff
to prepare a resolution relative to new cemetery rates. My staff
worked with you on that resolution and it is now in final form.
With the concurrence of the City Manager, we felt it necessary to
hold up on adoption of the rates resolution until a companion
ordinance was drafted. As a result of a discussion with the City
Engineer and Sexton, and concurrence of the City Manager, we left
cremains lots in the resolution and ordinance since there are
seventeen available for sale at this time. Rather than eliminate
them now and reap no benefit, we will phase them out.
The ordinance has been reviewed by the City Engineer and City
Manager. Their suggestions have been incorporated.
Proposed ordinance No. O-93-12 and proposed Resolution No.
R-93-17 are submitted for your review and comment.
sam
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
DATE:
April 16, 1993
TO: Dan Eckis
City Engineer __,) ,~
FROM: Kathryn M. O'~allor~
city Clerk
Proposed Cemetery Rates Resolution No. R-93-17
Attached please find proposed Resolution No. R-93-17 - Cemetery
rates, drafted in accordance with City Council direction.
Please note that the resolution was drafted in'legislative format
to enable you to review what is being proposed for amendment. In
addition to amended rates and certain additions by the City
Attorney, we have included some language changes.
As a result of a discussion with the City Manager and City
Attorney'today, it was decided to hold adoption of the rates
resolution for the draft of the ordinance amending Section 34 of
the Code of Ordinances to add language relative to niches and
amend existing language pertaining to lots only. We have
compiled a list of those sections we believe will need to be
amended as a result of adding niches if you are interested in
reviewing them.
There is also the question of whether cremains interment in lots
will be discontinued. If so, language in the current code
relative to cremains will have to be amended.
In Resolution No. R-93-17, Section 4. pertains to services the
city includes with the purchase of a lot. Should there be
language added to include services included with the sale of a
niche OR should all of that language be in the Code of
Ordinances?
Please review the proposed resolution and when the ordinance
language is drafted we will submit both to the city Attorney.
sam
ORDINANCE NO. 0-93-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 34 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CEMETERY REGULATIONB; ESTABLISHING NEW RULES AND
REGULATIONS FOR NICHE INTERMENTS; AMENDING CERTAIN
LANGUAGE TO PROVIDE FOR NICHE INTERMENTS; AMENDING
BECTION 34-2 PERTAINING TO TRUST FUNDB; AMENDING
SECTION 34-? PERTAINING TO LOCATING OF INTERMENT BITES;
AMENDING BECTION 34-8 PERTAINING TO EASEMENTS ALONG
INTERMENT BITEB; AMENDING SECTION 34-9 PERTAINING TO
PAUPERS' INTERMENT; AMENDING SECTION 34-10 PERTAINING TO
FEES FOR OPENING AND CLOSING INTERMENT BITES OTHER TNAN
DURING WORKING HOURB; AMENDING SECTION 34-11 PERTAINING
TO INTERMENT BITE PRICES; AMENDING SECTION 34-13
PERTAINING TO SALE OF INTERMENT SITES; AMENDING BECTION
34-14 PERTAINING TO APPROVAL OF WORK ON INTERMENT
SITES; AMENDING SECTION 34-15 PERTAINING TO VAULT OR
GRAVE LINER REQUIREMENT; AMENDING BECTION 34-16
PERTAINING TO BURIAL REGULATIONS; DELETING EXIBTING
SECTION 34-17 PERTAINING TO PROHIBITION OF ABOVE GROUND
INTERMENTS; ADDING A NEW SECTION 34-17 PERTAINING TO
URN SIZE REQUIREMENTS; AMENDING SECTION 34-18
PERTAINING TO INTERMENT SITE MARKERS; AMENDING SECTION
34-19 PERTAINING TO ARTIFICIAL ~tND FRESH FLOWERB;
AMENDING SECTION 34-21 PERTAINING TO PRUNING AND
REMOVAL OF VEGETATION; AMENDING SECTION 34-22
PERTAINING TO PROHIBITION OF ENCLOSURES AND MOUNDS;
AMENDING SECTION 34-24 PERTAINING TO LIABILITY;
AMENDING SECTION 34-26 PERTAINING TO PROCEDURES FOR
RULE VIOLATIONB; AMENDING SECTION 34-54 PERTAINING TO
DEPTH OF STANDARD LOTS; AMENDING SECTION 34-56
PERTAINING TO VEHICLES ON PLATTED LOTB; AMENDING
SECTION 34-57 PERTAINING TO REMOVAL OF TENTB; AMENDING
SECTION 34-58 PERTAINING TO REMOVAL OF DIRT; PROVIDING
FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTB
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian recently purchased and
installed burial niches in the Sebastian Municipal Cemetery; and
WHEREAS, Section 34 of the Code of Ordinances of the City of
establishes rules and regulations for the Sebastian Municipal
Cemetery; and
WHEREAS, the City Council deems it necessary to include
rules and regulations for niches in Section 34 of the Code of
Ordinances.
WHEREAS, the City Council deems it necessary to amend
certain language to provide for niches.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1~ That Section 34-2 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-2. Trust Fund.
(a) A cemetery trust fund is hereby established which
will be administered by the City Clerk under the direction
of the City Council.
(b) One-half of the proceeds from the sale of
eeme~-~es '$ntermen~ s~tes in the cemetery shall be
deposited into the trust fund to be used solely for capital
expansion of the cemetery to provide for the plotting,
acquisition, watering system installation and related costs
incidental to providing additional grave spaces for future
sale.
(c) Funds in the cemetery trust fund not employed in
capital expansion shall not be used for any purpose, but
shall be invested in United States government bonds, or
notes, or in certificates of deposit fully collateralized,
or deposited in a federal savings and loan association
having insured deposits, thereby drawing interest at the
highest rate obtainable. The income from the trust fund
shall be used solely in the operation, care and maintenance,
and for capital improvements of and in the cemetery. As a
part of the consideration for the purchase of such }e~s
interment sites, the city obligates itself to use the
proceeds of such sales for no other than as stated in this
section."
SECTION 2. That Section 34-7 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
2
"Sec. 34-7. Locating of e~aves Interm.en% S~tes.
Ail ~awes iDterment sites must be located
sexton or other designated city official."
by the
SECTION 3~ That Section 34-8 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-8. Easement along g~aves~te i~around interment
sites.
An easement is reserved along all ~awes&tes
iDterment site lines for water, sprinkler system,
identified ~D ~ plats."
Sn-~round
etc as
SECTION 4. That Section 34-9 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-9. Pauper's interment sites.
Pauper ~=aves~ees in-qround ~ and permanent
markers for paupers may be permitted with authority of the
cemetery committee."
~ $. That Section 34-10 of the Code of Ordinances,
city of Sebastian, Florida, is hereby amended to read as follows:
"Section 34-10. Fee for opening or closing q~&wes*te
interment sit9 other than during workweek..
When ~-~awes~te an inte~eB% site must be located and
marked by the sexton or other authorized city employee for
interment or the ~awe site must be opened or closed, and
such work is requested to be performed other than during the
regular working hours of the sexton or other authorized city
employee, then the city shall charge a fee to the funeral
home requesting the services, such fee as set by resolution
of t~e city council, from time to time."
SECTION 6. That Section 34-11 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-11. Be~ .Interment sit% prices.
Prices of ~e~s interment sites in the cemetery shall be
uniformly set by resolution of the city council."
SECTION ?_~. That Section 34-13 of the Code of Ordinances,
city of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-13. Sale of ~e~$ e~ sites.
No ~raves~ee interment Si.t~ owner shall allow
interments em in their 9~aves&~es ~ site for
remuneration, nor shall any transfer of interest therein be
valid except by written consent of the city. No
interment sites shall be bought or sold for speculation."
SECTION .~.., That Section 34-14 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-14. Approval of work on ~aves~%es interment sites
required.
No work of any kind may be done on 9Tawes~es iDterment
sites except by the cemetery sexton or his designated
representative, excepting opening and closing of 9~awes
~ots by the vault company and installation of monuments or
markers that meet with the cemetery sexton's approval in
accordance with the rules and regulations."
SECTION 9,.. That Section 34-15 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-15. Vault or grave liner required.
.
All interments in standard ~ in the cemetery shall
be required to have a concrete vault or other approved
permanent type grave liner installed before burial. All
cremains must be placed in a suitable approved permanent
type container."
SECTION 10.__~.. That Section 34-16 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended by deleting it in
its entirety and adding a new Section 34-16 as follows:
4
I DID NOT INCLUDE THE OLD 34-16 SINCE IT IS QUITE DIFFERENT
"Sec. 34-16. Burial of human dead only; number of
interment.
Ail interment sites shall be used for the interment of
human dead only. Number of interment per individual site is
as follows:
(a) Standard ~'L~%~'. Only one interment shall be made
in a standard 4 x 8 lot except in the case of: a mother and
infant; two children under one year of age, not necessarily
in one coffin; one coffin and one cremain; and, two
cremains.
(b) Cremains Only one cremains interment shall
be made in a 4 X 4 cremains lot.
(c) Niches.
in a niche.
Only one cremains interment shall be made
SECTION 11.
That Section 34-17 of the Code of Ordinances,
City of Sebastian, Florida, is hereby deleted in its entirety and
a new Section 34-17 is added as follows:
"Sec. 34-17. Urn size re=uirement for niche i~terments.
urns for ~nterment in niches shall not excee.d ~
inches in width,.. ~ inches in height and 11 inches in
depth."
S~CTION 12__~. That Section 34-18 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-18. e~&¥e Interment site markers.
(a) Standard and Cremains lots.
~a~ (1) Design. The following provisions shall apply
to a~-eypes-e~-§~awe standard and cremains lot markers:
5
~ i. Inscriptions. A marker, may contain the full
name of an individual, date of birth and date of death.
In addition, symbolic floral carvings; family crests or
emblems; religious marking; fraternal emblems; suitable
epitaph; and designation as to relationship of the
deceased (such as son, daughter, husband, father, etc.)
may be used.
~ ii.'Veteran's markers. Those markers received from
the Veterans' Administration may include such
information as name, rank, serial number, date of
death, and other information such as the Veterans'
Administration from time to time places on such
markers.
~ ~2) Placement. All cemetery plat markers shall be
either bronze, marble or granite, and shall be flush with
the ground. No permanent attachments shall be above the
marker. No slabs of any kind will be permitted; provided,
however, to preserve the historic nature of Units i and 4 of
the Sebastian Cemetery, and where there are existing slabs
and aboveground markers, restoration of existing slabs and
aboveground markers will be permitted.
~e~ (3) Size. The maximum size marker for a single
gravesite shall not exceed 48 inches in height, 36 inches in
length, 18 inches in width and eight inches in thickness.
The maximum size marker for a double gravesite shall not
exceed 48 inches in height, 72 inches in length, 18 inches
in width and eight inches in thickness.
~ ¢4) Alignment. Ail markers shall be in a line
consistent with each other. If not meeting the final
approval of the cemetery sexton, the unapproved markers
shall be removed, repaired or realigned at the monument
company's expense.
· ~e~ ~ Concrete base.
suitable concrete foundation
company.
All marker shall have a
provided by the monument
~ ¢6) Period for installment after burial. Ail
markers shall be installed within four months, or 120 days,
after burial. .Where this regulation renders a hardship or
presents any special problems, i.e., an estate not settled,
etc., special consideration will be given. Request for
special consideration should be made in writing to the
Sebastian City Clerk, Post Office Box 780127, Sebastian,
Florida 32978.
6
fbi N$ches.
(1) Design. All ~ markers shall b~ bronze
p~aques, provided ~n the cost of the niche, enqraved and
installed by the city of Sebastian. Bud wases cab be
Durchase~ b~ the niche ~ throuah ~he ~ity of Sebastian
to maintain uniformi.~y,
i. Inscription. The bronze marker sha~ include
the .full name, date of birth and death of the
decedent."
SECTION 13. That Section 34-19 of the Code of ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Artificial and fresh flowers.
Artificial flower arrangements will be permitted to
remain until they become faded or unsightly. Fresh flowers
will remain until unsightly. No glass or ceramic flower
containers or ornaments shall be allowed. No wires shall be
allowed to hold flower arrangements permanently in place at
the ~ves~e ~nterment site."
SECTION 14. That Section 34-21 of the Code of Ordinances,
city of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-21. Pruning and removal of vegetation.
No trees, plants or shrubs shall be planted, pruned or
removed except by the sexton or person in charge who shall
have authority to do so upon any ~aYes&ee interment site
when he/she may consider such planting, pruning or removal
necessary."
SECTION 15. That Section 34-22 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-22. Enclosures and mounds prohibited.
Enclosures of any nature such as fences, copings,
hedges, ditches, etc., shall not be allowed around any
§~awes~te lo__t. Grave mounds will not be permitted."
7
~ 16. That Section 34-24 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-24. No liabilit~.
The city is not responsible for theft or damage to
anything placed on ~awes-e~-~e~s ~D2f~ site".
SECTION 17. That Section 34-26 of the Code of Ordinances,
city of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-26. Rule violations; procedures.
If any of the rules contained in this article are
violated, the sexton or other city employee should bring the
matter to the attention of the city clerk for the specific
~awes~e interment site involved. The city clerk will then
we~y notify the owner of the ~e~ interment site or his
estate or last known relative by certified or registered
letter. The clerk shall send a copy of the rules and
regulations with the specific items underlined in reference
to the alleged violations; and a brief letter notifying them
of the appropriate action against the violator should the
violation remain uncorrected beyond a reasonable period of
time."
SECTION 18. That Section 34-54 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Seo. 34-54. M~aimum depth for ~,aves .~&-da;d .%~4::_
'.6~aves Standard ~ot interments must be excavated to at
least five feet deep at the shallowest point. Cremain urns
inteFred in standard or cremains lots must be covered by a
minimum of ten inches of soil.
SECTION 19. That Section 34-56 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
8
"Sec. 34-56.
Use of vehlcles on platted /~-'~.
The vault company and contractor (gravedigger) shall
exercise care in driving a vehicle from cemetery roads onto
platted lots to haul fill ar for a vault. Adequate
protection by use of timbers, plywood and other approved
devices shall be provided to adjacent ~rawes~tes lots. The
vehicle shall remain in low gear while on platted ~aves~es
l'o~s and proceed slowly in and out to the roadway.
SECTION 20. That Section 34-57 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-57. Removal of tent after burial.
The vault company or contractor (gravedigger) shall
remove his tent as soon as practicable after completion of
the ceremony and e~-e~es~n~-e~-e-~raves~e interment."
SECTION ~ That Section 34-58 of the Code of Ordinances,
city of Sebastian, Florida, is hereby amended to read as follows:
"Bec. 34-58. .Removal of excess dirt.
The vault company or contractor (gravedigger) shall
remove all dirt from adjacent gravemarkers, monuments, etc.,
as he completes ~l~i~m3-~-~rawes~es interment. Surplus
dirt shall be hauled to the spoil site as designated by the
sexton or other designated city official.
SECTION 22. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
SECTION 23. 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
9
that the words "ordinance" may be changed to "section",
"article", or other appropriate designation.
~ ~4. 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 said invalid and unconstitutional
provision, thereby 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
Council Member
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
l0
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
By:
Lonnie R. Powell, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
11
I HEREBY 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 the day of ,
1993, and that following said public hearing thi~ Ordinance was
passed by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
12
ORDINANCE NO. '~
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 34 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CEMETERY REGULATIONS; ESTABLISHING NEW RULES AND
REGULATIONS FOR NICHE INTERMENTS; AMENDING CERTAIN
LANGUAGE TO PROVIDE FOR NICHE INTERMENTS; AMENDING
SECTION 34-2 PERTAINING TO TRUST FUNDS; AMENDING
SECTION 34-7 PERTAINING TO LOCATING OF INTERMENT SITES;
AMENDING SECTION 34-8 PERTAINING TO EASEMENTS ALONG
INTERMENT SITES; AMENDING SECTION 34-9 PERTAINING TO
PAUPERS' INTERMENT; AMENDING SECTION 34-10 PERTAINING
TO FEE FOR OPENING AND CLOSING INTERMENT SITES OTHER
THAN DURING WORKING HOURS; AMENDING SECTION 34-11
PERTAINING TO INTERMENT SITE PRICES; AMENDING SECTION
34-13 PERTAINING TO SALE OF INTERMENT SITES; AMENDING
SECTION 34-14 PERTAINING TO APPROVAL OF WORK ON
INTERMENT SITES; AMENDING SECTION 34-15 PERTAINING TO
VAULT OR GRAVE LINER REQUIREMENT; AMENDING SECTION 34-
16 PERTAINING TO INTERMENT REGULATIONS; DELETING
EXISTING SECTION 34-17 PRETAINING TO PROHIBITION OF
ABOVE GROUND INTERMENTS; ADDING A NEW SECTION 34-17
PERTAINING TO URN SIZE REQUIREMENTS; AMENDING SECTION
34-18 PERTAINING TO INTERMENT SITE MARKERS; AMENDING
SECTION 34-19 PERTAINING TO ARTIFICIAL AND FRESH
FLOWERS; AMENDING SECTION 34-21 PERTAINING TO PRUNING
AND REMOVAL OF VEGETATION; AMENDING SECTION 34-22
PERTAINING TO PROHIBITION OF ENCLOSURES AND MOUNDS;
AMENDING SECTION 34-24 PERTAINING TO LIABILITY;
AMENDING SECTION 34-26 PERTAINING TO PROCEDURES FOR
RULE VIOLATIONS; AMENDING SECTION 34-54 PERTAINING TO
DEPTH OF STANDARD LOTS; AMENDING SECTION 34-56
PERTAINING TO VEHICLES ON PLATTED LOTS; AMENDING
SECTION 34-5? PERTAINING TO REMOVAL OF TENTS; AMENDING
SECTION 34-58 PERTAINING TO REMOVAL OF DIRT; PROVIDING
FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES iN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian recently purchased and
installed burial niches in the Sebastian Municipal Cemetery; and
WHEREAS, Chapter 34 of the Code of Ordinances of the City of
establishes rules and regulations for the Sebastian Municipal
Cemetery; and
WHEREAS, the City Council deems it necessary to include
rules and regulations for niches in Chapter 34 of the Code of
Ordinances;
WHEREAS, the City Council deems it necessary to amend
certain language in Chapter 34 to provide for niches.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. That Section 34-2 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-2. Trust Fund.
(a) A cemetery trust fund is hereby established which
will be administered by the Finance Director under the
direction of the City Council.
(b) One-half of the proceeds from the sale of
interment sites in the cemetery shall be deposited into the
trust fund to be used solely for capital expansion of the
cemetery to provide for the plotting, acquisition, watering
system installation and related costs incidental to
providing additional grave spaces for future sale.
(c) Funds in the cemetery trust fund not employed in
capital expansion shall not be used for any purpose, but
shall be invested in United States government bonds, or
notes, or in certificates of deposit fully collateralized,
or deposited in a federal savings and loan association
having insured deposits, thereby drawing interest at the
highest rate obtainable. The income from the trust fund
shall be used solely in the operation, care and maintenance,
and for capital improvements of and in the cemetery. As a
part of the consideration for the purchase of such interment
sites, the city obligates itself to use the proceeds of such
sales for no other purpose than as stated in this section."
~ .~,. That Section 34-7 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
2
""Sec. 34-7. Locating of Interment Sites.
Ail interment sites must be located by the sexton or
other designated city official."
SECTION 3. That Section 34-8 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-8. Easement along in-ground interment sites.
An easement is reserved along all in-ground interment
site lines for water, sprinkler system, etc., as identified
in recorded plats."
SECTION 4. That Section 34-9 of the Code of ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-9. Pauper's interment sites.
Pauper in-ground interment and permanent markers for
paupers may be permitted with the approval of the cemetery
committee."
SECTION 5. That Section 34-10 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Section 34-10. Fee for opening or closing interment site
other than during workweek.
When an interment site must be located and marked by
the sexton or other authorized city employee for interment
or the site must be opened or closed, and such work is
requested to be performed other than during the regular
working hours of the sexton or other authorized city
employee, then the city shall charge a fee to the funeral
home requesting the services, such fee as set by resolution
of the city council, from time to time."
SECTION 6. That Section 34-11 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-11. Interment site prices.
Prices of interment sites in the cemetery shall be
uniformly set by resolution of the city council, from time
to time."
SECTiO~ ?. That Section 34-13 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-13. Sale of interment sites.
No interment site owner shall allow interments in their
interment site for remuneration, nor shall any transfer of
interest therein be valid except by written consent of the
city. No interment sites shall be bought or sold for
speculation."
SECTION S. That Section 34-14 of the Code of ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-14. Approval of work on interment sites require~.
No work of any kind may be done on interment sites
except by the cemetery sexton or his designated
representative, excepting opening and closing of lots by the
vault company and installation of monuments or markers that
meet with the cemetery sexton's approval in accordance with
the rules and regulations."
SECTION 9. That Section 34-15 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec.. 34-15. Vault or grave liner required.
Ail interments in standard lots in the cemetery shall
be required to have a concrete vault or other approved
permanent type grave liner installed before burial. All
cremains must be placed in a suitable approved permanent
type container."
~ECTION 10. That Section 34-16 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended by deleting it in
its entirety and adding a new Section 34-16 as follows:
"Seo. 34-16. Burial of human dead only; number of
interment.
All interment sites shall be used for the interment of
human dead only. Number of interment per individual site is
as follows:
(a) Standard Lots. Only one interment shall be made
in a standard 4' x 8' lot except in the case of: a mother
and infant; two children under one year of age, not
necessarily in one coffin; one coffin and one cremain; and,
two cremains.
(b) Cremains Lots. Only one cremains interment shall
be made in a 4' X 4' cremains lot.
(c) Niches.
in a niche.
Only one cremains interment shall be made
SECTION 11. That Section 34-17 of the Code of Ordinances,
City of Sebastian, Florida, is hereby deleted in its entirety and
a new Section 34-17 is added as follows:
"Sec. 34-17. Urn size requirement for niche interments.
Urns for interment in niches shall not exceed nine
inches in width, eleven inches in height and eleven inches
in depth."
SECTION 12. That Section 34-18 of the Code of Ordinances,
city of Sebastian, Florida, is hereby amended to read as follows:
34-18. Interment site markers.
(a) Standard and cremains lots~ --..
(1) Design. The following provisions shall apply
to standard and cremains lot markers:
i. Inscriptions. A marker may contain the full
name of an individual, date of birth and date of death.
In addition, symbolic floral carvings; family crests or
emblems; religious marking; fraternal emblems; suitable
epitaph; and designation as to relationship of the
deceased (such as son, daughter, husband, father, etc.)
5
may be used.
ii. Veteran's markers. Those markers received from
the Veterans' Administration may include such
information as name, rank, serial number, date of
death, and other information such as the Veterans'
Administration from time to time places on such
markers.
(2) Placement. Ail cemetery plat markers shall be
either bronze, marble or granite, and shall be flush with
the ground. No permanent attachments shall be above the
marker. No slabs of any kind will be permitted; .provided,
however, to preserve the historic nature of Units i and 4 of
the Sebastian Cemetery, and where there are existing slabs
and aboveground markers, restoration of existing slabs and
aboveground markers will be permitted.
(3) Size. The maximum size marker for a single
gravesite shall not exceed 48 inches in height, 36 inches in
length, 18 inches in width and eight inches in thickness.
The maximum size marker for a double gravesite shall not
exceed 48 inches in height, 72 inches in length, 18 inches
in width and eight inches in thickness.
(4) Alignment. Ail markers shall be in a line
consistent with each other. If not meeting the final
approval of the cemetery sexton, the unapproved markers
shall be removed, repaired or realigned at the monument
company's expense.
(5) Concrete base. Ail markers shall have a suitable
concrete foundation provided by the monument company.
(6) Period for installment after burial. Ail markers
shall be installed within 120 days after burial. Where this
regulation renders a hardship or presents any special
problems, such as an estate not settled, special
consideration will be given. Request for special
consideration should be made in writing to the Sebastian
City Clerk, Post Office Box 780127, Sebastian, Florida
32978.
(b) Niches.
(1) Design. Ail niche markers shall be bronze
plaques, provided in the cost of the niche, engraved and
installed by the City of Sebastian. Bud vases can be
purchased by the niche owner through the City of Sebastian
to maintain uniformity.
6
i. Inscription. The bronze marker shall include
the full name, date of birth and death of the decedent."
SECTION 13. That Section 34-19 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-19. Artificlal and fresh flowers.
Artificial flower arrangements will be permitted to
remain until they become faded or unsightly. Fresh flowers
will remain until unsightly. No glass or ceramic flower
containers or ornaments shall be allowed. No wires shall be
allowed to hold flower arrangements permanently in place at
the interment site.6
City
SECTION 14. That Section 34-21 of the Code of Ordinances,
of Sebastian, Florida, is hereby amended to read as follows:
34-21. Pruning and removal of vegetation.
No trees, plants or shrubs shall be planted, pruned or
removed except by the sexton or person in charge who shall
have authority to do so upon any interment site when he/she
may consider such planting, pruning or removal necessary."
SECTION 15. That Section 34-22 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-22. Enclosures and mounds prohibited.
Enclosures of any nature, such as fences, copings,
hedges, ditches, etc., shall not be allowed around any lot.
Grave mounds will not be permitted."
~ ~, That Section 34-24 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-24. No liabillty.
The city is not responsible for theft or damage to
anything placed on any interment site."
7
SECTION 17. That Section 34-26 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Seo. 34-26. Rule violations; procedures.
If any of the rules contained in this chapter are
violated, the sexton or other city employee should bring the
matter to the attention of the city clerk for the specific
interment site involved. The city clerk will then notify
the owner of the interment site or his estate or last known
relative by certified or registered mail. The clerk shall
send a copy of the rules and regulations with the specific
items underlined in reference to the alleged violations; and
a brief letter notifying them of the appropriate action
against the violator should the violation remain uncorrected
beyond a reasonable period of time."
SECTION ~8. That Section 34-54 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-54. Minimum depth for standard lot interments.
Standard lot interments must excavated to at least five
feet deep at the shallowest point. Cremain urns interred in
standard or cremains lots must be covered by a minimum of
ten inches of soil."
SECTION !9. That Section 34-56 of the Code of Ordinances,
city of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-56. Use of vehicles on platted lots.
The vault company and contractor (gravedigger) shall
exercise care in driving a vehicle from cemetery roads onto
platted lots to haul fill for a vault. Adequate protection
by use of timbers, plywood and other approved devices shall
be provided to adjacent lots. The vehicle shall remain in
low gear while on platted lots and proceed slowly in and out
to the roadway."
8
SECTION 20. That Section 34-57 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-$7. Removal of tent after burial.
The vault company or contractor (gravedigger) shall
remove his tent as soon as practicable after completion of
the ceremony and interment."
~ECTION 21. That Section 34-58 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Se.. 34-58. Removal of excess dirt.
The vault company or contractor (gravedigger) shall
remove all dirt from adjacent gravemarkers, monuments, etc.,
as he completes interment. Surplus dirt shall be hauled to
the spoil site as designated by the sexton or other
designated city official."
SECTION 22. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
~ 23. 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.
SECTION 24. 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 said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
SECTION 2~. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
The foregoing Ordinance was moved for adoption by Council
Member
Council Member
vote, the vote was as follows:
. The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Ordinance duly passed and
adopted this ... day of , 1993.
CITY OF SEBASTIAN, FLORIDA
By:
Lonnie R. Powell, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
10
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
Approved as to Form and Content:
Charles Ian Nash, City Attorney
11
RESOLUTION NO.:
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RELATING TO CEMETERY Be~ RATES;
ESTABLISHING NEW RATES FOR THE SALE OF CEMETERY LOTS
IN THE MUNICIPAL CEMETERY~ ESTABLISHING NEW RATES FOR
THE SkLE OF NICHES IN THE MUNICIPAL CEMETERY~
DESCRIBING THE SERVICES PROVIDED AND THE FEES CHARGED~
ESTABLISHING RATES FOR CREMATION BUR~ABS INTERMENTS
AND CORNER MARKERS~ PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH~ PROVIDING FOR SEVERABILITY~ AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County,
Florida owns and operates a municipal cemetery; and
WHEREAS, the City has previously established rates with
respect to cemetery lots in said municipal cemetery by
resolution, as required by Section 8-~6 ~ of the Code of
Ordinances of the City of Sebastian; and
WHEREAS. the City has recentl¥ purchased and installed
niches in the municipal cemetery~ and
WHEREAS, The City Council for the city of Sebastian has
determined that due to substantial increases in the population of
the State of Florida in general, and in Indian River County in
particular, there exists the possibility that B~&~ ~ter~ent
space in the municipal cemetery will be exhausted; and
WHEREAS, the City Council has further determined the
existing rates for cemetery lots in the municipal cemetery are
substantially below those charged by private and municipal
cemeteries in the surrounding area; and
~tb~re are approximately .~! individual ~~
~ the city wishes ~.0 sell until such time as the~ are phased
out; and
WHERE~S, the City Council has determined that in order to
assure adequate Bu~e~ interment space for the residents of the
City of Sebastian, existing rates must be increased to amounts
comparable to those o__f other cemeteries in the surrounding area
and rates must be established for
ma~ke~s n~ch~.
NOW~ ~EREFORE~ BE IT REBOL~D BY THE CITY CO~CIL OF
CiTY OF BEB~BTI~, I~i~ Ri~R CO~Y, FLORIDA, that:
Section A. CITY REBIDE~B. The price for bue~e~ inte~en~
space for ~e~}-~es~e~s ~ndivlduals who reside in the co~orate
limits of the City of Sebastian, and in the unincorporated area
of Indian River County, ~ north .Of the city 0f Sebasti2n,
kno~ as Roseland, shall be as follows:
(a) $4~=~ $500,00 per individual lot;
(b) ee=ee ~50.00 per 4-foot x 4-foot cremation lotl
(c) $650.00 per individual ~.
~ ~. CO~Y REBIDE~B. The price for
inte~ent, space for ~-ees~e~s individuals who reside in
Indian River County, other than individuals residing in the Citu
o~ Sebastian or in Roselan~, shall be as follows:
(a)
(b)
$588Te8 ~ per individual lot;
$~58788 $375,00 per 4-foot x 4-foot cremation lotl
~900.00 per individual ~.
Section 3. OUT-OF-COUNTY RESIDENTS. BH=~a~ Interment space
may be purchased by individuals not residing in Indian River
County on an availability basis and the price for such
interment space shall be as follows:
(a) $6ee=ee $900.00 per individual lot;
(b) $~ee=e~ ~ per 4-foot x 4-foot cremation
(c) $1O50.00 Per individual ~.
Sectio~ A. SERVICES INCLUDED. The purchase price for
~u~a~ inqround interment space includes sodding of ~he grave
site and perpetual care, but does not include the cost of
installing a suitable concrete foundation for grave markers as
required by Section e-~4=~ 34-18 of the Code of Ordinances of the
City of Sebastian. The Durohase ~ for r~iche interment s_pace
~ ~ bronze Dlaaue provided, enqraved and mounted bv the
~ o__f Sebastian.
Section 5. CREMATION B~R~BB INTERMENTB~ OPENING OR CLOSING
GRAFE/NICHE OTHER THAN DURING NORMAL HOURS. The fee for opening or
closing a grave or niche e4~a4%e~-~u~&~ ~ ~ time that
~ outside of the regular working hours, ~me~m~m~ such a__s
evenin~s..weekends and holidays, shall be $ ~=8~ 50.00.
Section 6. CREMATION Bgl~AB~ INTERMENTS. The fee for
cremation ~&a~s interments shall be as follows:
(a) $15.00 per cremation B~&a} interment;
(b) $20.00 per cremation disinterment;
Section 7. CORNER MARKERS. The fee for corner markers with
last name and initials of the deceased shall be $11.00 ~r ~ of
four.
sectiOn ~. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 9. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the city Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 10.
effect immediately upon its adoption.
The foregoing
Councilmember .
Councilmember
the vote was as follows:
EFFECTIVE DATE. This Resolution shall take
Resolution was moved for
adoption by
The motion was seconded by
and, upon being put into a vote,
Mayor Lonnie R. Powell
Vice-Mayor FrankOberbeck
Councilmember Carolyn Corum
Councilman Norma Damp
Councilman Robert Freeland
4
The Mayor thereupon declared this Resolution duly passed as
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
5
RESOLUTION NO.= ~-93-17
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RELATING TO CEMETERY RATES;
ESTABLISHING NEW RATES FOR THE SALE OF CEMETERY LOTS
IN THE MUNICIPAL CEMETERY; ESTABLISHING NEW RATES FOR
THE SALE OF NICHES IN THE MUNICIPAL CEMETERY;
DESCRIBING THE SERVICES PROVIDED AND THE FEES CHARGED;
ESTABLISHING RATES FOR CREMATION INTERMENTS AND
CORNER MARKERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County,
Florida owns and operates a municipal cemetery; and
WHEREAS, the City has previously established rates with
respect to cemetery lots in said municipal cemetery by
resolution, as required by Section 34-11 of the Code of
Ordinances of the City of Sebastian; and
WHEREAS, the City has recently purchased and installed
niches in the municipal cemetery; and
WHEREAS, The City Council for the City of Sebastian has
determined that due to substantial increases in the population of
the State of Florida in general, and in Indian River County in
particular, there exists the possibility that interment space in
the munic%pal cemetery will be exhausted; and
WHEREAS, the city Council has further determined the
existing rates for cemetery lots in the municipal cemetery are
substantially below those charged by private and municipal
cemeteries in the surrounding area; and
WHEREAS, there are approximately 17 individual cremains lots
which the City wishes to sell until such time as they are phased
out; and
WHEREAS, the City Council has determined that in order to
assure adequate interment space for the residents of the City of
Sebastian, existing rates must be increased to amounts comparable
to those of other cemeteries in the surrounding area and rates
must be established for niches.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section A. CITY RESIDENTS. The price for interment space
for individuals who reside in the corporate limits of the City of
Sebastian, and in the unincorporated area of indian River County,
located north of the City of Sebastian, known as Roseland, shall
be as follows:
(a)
(b)
(c)
Section Z-
$500.00 per individual lot;
$250.00 per 4-foot x 4-foot cremation lot;
$650.00 per individual niche.
COUNTY RESIDENTS. The price for interment space
for individuals who reside in Indian River County, other than
individuals residing in the City of Sebastian or in Roseland,
shall be as follows:
(a)
(b)
(c)
$750.00 per individual lot;
$375.00 per 4-foot x 4-foot cremation lot,
$900.00 per individual niche.
Section ~. OUT-OF-COUNTY RESIDENTS. Interment space may be
purchased by individuals not residing in Indian River County on
an availability basis and the price for such interment
space shall be as follows:
(a) $900.00 per individual lot;
(b) $450.00 per 4-foot x 4-foot cremation lot;
(c) $1,050.00 per individual niche.
section 4. SERVICES INCLUDED. The purchase price for
inground interment lots includes sodding of the grave site and
perpetual care, but does not include the cost of installing a
suitable concrete foundation for grave markers as required by
Section 34-18 of the Code of Ordinances of the City of Sebastian.
The purchase price for niche interment space includes a bronze
plaque provided, engraved and mounted by the City of Sebastian.
Section 5. CREMATION INTERMENTS. OPENING OR CLOSING
GRAVE/NICHE OTHER THAN DURING NORMAL HOURS. The fee for opening or
closing a grave or niche during a time that falls outside of the
regular working hours, such as evenings, weekends and holidays,
shall be $50.00.
Section 6. CREMATION INTERMENTS. The fee for cremation
interment~ shall be as follows:
(a) $15.00 per cremation interment;
(b) $20.00 per cremation disinterment
Section ~. CORNER NARKERS. The fee for corner markers with
last name and initials of the deceased shall be $11.00 per set of
four.
3
Section 8. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
~ion 9. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 1_90. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember
Councilmember
the vote was as follows:
The motion was seconded by
and, upon being put into a vote,
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilman Norma J. Damp
Councilman Robert Freeland
4
The Mayor thereupon declared this Resolution duly passed as
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
5
I
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:
AGE DANO. f'3./6-7
Status report of
Personnel Director
APPROVED FOR SUBMITTAL BY:
City Manager:__/~-~ &
Dept. Origin Personnel
Date Submitted 4J29/93
For Agenda Of ~ ~-t£-93
Exhibits: Widmann memo dated
.. April 284 1993~
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The city of Sebastian determined that there was a need for a full-
time Personnel Director to direct and coordinate the City's
personnel program. This includes developing, implementing, and
administering all phases of the City's systems including
recruitment, selection and placement, position classification, pay
administration, training, employee evaluation, and labor
negotiations. This position is responsible for administering and
complying with unemployment and workers' compensation programs; for
training staff on the Americans with Disabilities Act ("ADA"), the
Family and Medical Leave Act and the civil Rights Act; for
preparing and negotiating two (2) separate labor agreements; for
interpreting contracts and policies to ensure fair employment
practices, are adhered to; for representing the City as the
Affirmative Action officer and Safety Officer; for administering
and maintaining employee benefits programs; for developing and
administering a salary administration and job classification plan;
for developing recruitment and hiring procedures; and for
establishing an effective performance appraisal program.
The attached memo provides detailed information on the activities
of the Personnel Director since 2/22/93; the goals set for the
remainder of Fiscal Year 1993; and the priorities of those
activities.
RECOMMENDED ACTION
Review activities and priorities of the Personnel Department.
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
INTER-OFFICE MEMORANDUM
TO: ROBERT $. McCLARY DATE:
CITY MANAGER
FROM: WENDY WIDMAN~~-~ RE:
PERSONNEL DIRECTOR
APRIL 28, 1993
OPERATIONAL STATUS
OF PERSONNEL DEPT.
The purpose of this memo is to outline the activities I have
accomplished to date; to outline the activities I hope to begin
within this fiscal year; and a list of the priorities.
ACCOMPLISHMENTS
PERSONNEL FORMS/FILES
Personnel files - separated medical information from person-
nel information in files. (Personnel files are public infor-
mation, medical information is not and medical information
must be in a separate file according to Americans with Dis-
abilities Act.)
Set DP a new application form in compliance with ADA.
(Deleted mention of workers comp. claims and ability to
perform the job duties; revised the format so it is easier to
read by applicant and supervisor.)
Designed a new internal application form for in-house
applicants.
4/ Set up "back up" system to make performance appraisal review
~/~' dates "goof proof".
Se
Set up an Employee Verification form to document calls,
primarily from banks, to be placed in employee's personnel
file.
Designed new Personnel Action Memo - one for new hires; one
for internal changes. Did a "mini" training program for users
of the form to explain the need for the changes and explain
their role in helping implement the change. Also got feedback
on changes that needed to be made on the form.
Review all Personnel Action Memos to make sure all information
is correct (ie. pay, effective date, etc.)
AMERICANS WITH DISABILITIES ACT
1. Revised application form to comply with ADA.
2. Re-instituted the Self Evaluation Committee.
3. Provided supervisory training on ADA on 4/23.
Talked with the Treasure Coast Services for the Deaf regarding
a contract to provide the City with interpreters for the deaf.
5.~, Changed employment process to require supervisors to
,../ recommend an applicant for hire; Personnel sets up back-
ground check; past employment references; physical and drug
screening. Upon receipt of all information, Personnel makes
a final offer of hire.
CONTRACT ISSUES
Coordinated information for labor relations attorney to
finalize petition to P.E.R.C. (Public Employees Relations
Commission) to clarify positions that are under the C.W.A.
(Communications Workers of America) collective bargaining
agreement. Provided attorney with numerous documents to
substantiate title changes; job descriptions; phone interviews
with employees & supervisors, etc.
Sat in on one and conducted one Step 3 grievance hearing (City
Manager level) for CWA grievance.
3. Set up file with ideas/suggestions for changes in the upcoming
contract negotiations.
EMPLOYEE ISSUES
1. Listen to employee comments/concerns.
Resolve informal concerns. (Policy on hire date for part-time
to full-time employees; correct dates for merit increases;
explain policy concerning demotion; resolve employee concerns
regarding pay back to city of overpayment of general wage of
Oct. 1992 are just a few of the issues.)
Help supervisors deal with employee issues, including
grievances.
4. Set up, wrote and typed City employee newsletter.
RECRUITMENT ISSUES ~ ~~
1. Coordinated the filling vf cancies since 2/22/93.
2. Facilitated the selection of the Golf Course Pro/Manager·
(set up screening grid to help make committee's decisions on
applicants to be interviewed easier; set up meetings;
contacted finalists and set up "tours" and interview times;
etc.)
SAFETY ISSUES
Set up Safety Committee - first meeting to be held in early
May.
Sick Building - met with Doctor to discuss City's best course
of action to help employees; met with McCreary to determine
best course of action to take to limit City's liability.
Worker's Compensation - set up claim review/status form for
active files under ISAC - six active claims. Currently
involved in one active case.
Worker's Compensation - set up list of all current claims and
their status; also set up list of number of complaints by
year.
TRICO Safety Committee - meet with other members on 4/26/93 to
discuss TRICO safety manual.
SPECIAL PROJECTS
Assisted Utilities Department in conducting a survey of
surrounding utility departments getting information concerning
positions, salaries, forms, etc.
2. Set up policy concerning early release of paychecks.
President of Treasure Coast Personnel Association -although
not directly tied to City employment, this group has provided
me with vast resources to contact concerning personnel issues,
forms, etc.
Set up Employee newsletter - monthly information to help
communicate with all employees; provide them with interesting
and helpful information.
3
Wellness Survey - wrote up, distributed and compiled the
results of the survey.
Set up job description for new Assistant Golf Professional
position.
IMMEDIATE PRIORITIES
1. C.W.A. contract negotiations.
2. F.O.P. contract negotiations.
A.D.A. compliance issues - Self Assessment and Transition
Plans.
Workers' Compensation - controlling # of claims and costs of
claims already filed.
Safety Committee - compliance with O.S.H.A. regulations
concerning Right-to-Know law and airborne pathogens. Get
committee to find safety problem areas and correct them where
possible.
Health Insurance/Liability Insurance - set up committee to
review costs to-date and come up with suggestions to increase
the number of participants who elect to obtain dependent
health care; also review current policies to limit the city's
liability, so both our insurance funds are "healthy" and
solvent.
Help individual departments write up new job descriptions,
listing essential functions. (ADA requirement)
Provide Employee training on Right-to-Know safety law. (FLA.
Workers Compensation requirement)
Program for all employees who drive City Vehicles:
1.' Annual check list to make sure license valid.
2. Defensive Driving Training for all employees who drive a
dity vehicle.
(Liability Issue - provides City with a legal defense in the
event that an employee has an accident in a City vehicle.)
10.
Review all policies to comply with Family Medical Leave Act.
(Law goes into effect on August 5, 1993)
11.
Supervisory Training - help supervisory staff understand laws,
which if not followed are costly to the City (ie. unlawful
discrimination, sexual harassment, workers compensation,
supervisor's accident report, incident reports for documen-
tation leading up to terminations; etc.)
4
The immediate priorities were selected primarily for two reasons:
current law requires our immediate attention, or the cost to the
City for not complying with these priorities could be astronomical.
The Personnel Department provides all departments with technical
assistance and support to ensure the City is getting the best
possible value for their tax dollars. The City's biggest resource
is its employees, and I look forward to helping the City utilize
those resources to the maximum extent possible by recruiting,
hiring and maintaining a workforce that provides the best possible
services to our customers -- the residents of the City of
Sebastian.
doc: agenda
5
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r-] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNF_,SDAY, APRIL 28, 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 I-IALL, 1225 MAiN STREET, SEBASTIAN, FLORIDA.
Vice Mayor Oberbeck called the meeting to order at
7=00 p.m.
The Pledge of Allegiance was recited.
Invocation was offered by Reverend Donald Swope,
Sebastian Presbyterian Church
ROLL CALL
Present:
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Absent:
Mayor Lonnie Powell (excused)
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Utilities Director, Richard Votapka
Golf Course Manager/Director,
Joseph O'Rourke
City Clerk, Kathryn O'Halloran
Secretary, Joanne Sandberg
City Council Regular Meeting
April 28, 1993
AGENDA MODIFICATIONS (ADDI?TON$ AND/OR ~ -
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. ~ROCLAMATIONS AND/OR ANNOUNCEMENTS
Vice Mayor announced that the Sebastian River Junior
Woman's Club, one of 75 units in the state of Florida
returned from Orlando with many awards for
participation of community projects. They were also
the recipients of the "Mary Clark" award.
PUBLIC ~ FINAL ACTION - None
PUBLIC !~UT ON A~END~ ITEMS
J.W. Thompson, 125 Main Street spoke to Utility
Trailers, he addressed the subject as a member of
the P&Z Commission and also as a private citizen.
He also spoke to Accessory Structures.
G.A. Geiger 1026 Schumann Dr., was informed he was
not signed up on the appropriate sheet to enable the
Council continuity. Staff will contact Mr. Geiger.
9. ~QNSENT 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.
The City Attorney, at this time, requested Council
remove Items B (Ord. No. 0-93-09) Utility Trailers and
C (Ord. No. O-93-10) 8 foot fences adjacent to
Wentworth Ditch from the Consent Agenda.
The Vice Mayor called for a motion on these two
items.
2
City Council Regular Meeting
April 28, 1993
MOTION by Damp/Freeland
I so move.
VOICE VOTE ON THE MOTION CARRIED 4-0
A. Approval of Minutes - 4/14/93 Regular Meeting
93.069 B. ORDINANCE NO. 0-93-09 - Utility Trailers
(Staff Recommendation dated 4/22/93, 0-93-09)
1st Reading, Set Public Hearing for 5/26/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE;
AMENDING SECTION 20A-5.16.C OF THE LAND DEVELOPMENT
CODE PERTAINING TO PARKING OR STORING COMMERCIAL
UTILITY TRAILERS AND CARGO TRAILERS AND COMMERCIAL
BOATS IN RESIDENTIAL DISTRICTS; AMENDING SECTION 20A-
6.1.C.14.b. OF THE LAND DEVELOPMENT CODE PERTAINING
TO HOME OCCUPATIONS; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE INCLUSION OF THIS
ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
93.146/
92.216
ORDINANCE NO. O-93-10 - Eight Foot Fences
Adjacent to Wentworth Ditch (Staff Recommendation
dated 4/22/93, 0-93-10)
1st Reading, Set Public Hearing for 5/26/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 20A-5.9 OF THE
SEBASTIAN LAND DEVELOPMENT CODE, PERTAINING TO WALLS
AND FENCES; PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
3
City Council Regular Meeting
April 28, 1993
93.144 D.
ORDINANCE NO. 0-93-~- Accessory Structures
(Staff Recommendation dated 4/22/93, O-93-11)
· st Reading, Set Public Hearing for 5/26/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, AMENDING THE LAND DEVELOPMENT CODE; AMENDING
SECTION 20A-5.5.D OF THE LAND DEVELOPMENT CODE
PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES IN
A REQUIRED REAR YARD; AMENDING PROVISIONS PERTAINING
TO THE LOCATION OF ACCESSORY BUILDINGS; PROVIDING FOR
THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF
THIS ORDINANCE iN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
93.116
R~SOLUTiON NO. R-93-20 - Agenda Deadline
(City Clerk Recommendation dated 4/22/93,
R-93-20)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-89-59,
PROVIDING FOR PREPARATION OF CITY COUNCIL AGENDAS BY
THE CITY MANAGER; ESTABLISHINGANAGENDA DEADLINE FOR
CITY COUNCIL MEETINGS; REPEALING RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
93.147
RESOLUTION ~ R-93-16 - Vacation of Easement -
Lots 13 & 14, Block 82, Unit 2, Sebastian
Highlands (R-93-16, City Engineer Memo dated
4/9/93, Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING,
AND DISCONTINUING THE PUBLIC UTILITY EASEMENTS OF THE
SOUTH FIVE FEET OF LOT 14 , AND THE NORTH 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 FOR AN EFFECTIVE DATE.
4
City Council Regular Meeting
April 28, 1993
93.148 G.
93.149 H.
93.150 I.
Approve FY 93/94 Budget Calendar (Staff
Recommendation dated 4/16/93, Calendar, Time
Table)
Sebastian Area Civic Association Scholarship
Awards Presentation - Request Fee Waiver for Use
of Yacht Club - 5/7/93 (City Clerk Recommendation
dated 4/14/93, Phelan Letter dated 4/14/93)
Warren/Weaver Wedding Reception - Request Use of
A/B at Community Center - 10/16/93 - Security
Paid - Permittee DOB 5/12/57 (City Clerk
Recommendation dated 4/15/93, Application)
The City Manager read the consent agenda in its
entirety including all titles to Ordinances and
Resolution except for Items B & C which were
withdrawn by Council action.
Bruce Cooper, at the request of the Vice Mayor,
explained the reason and intent for Item D, 0-93-11 -
Accessory Structures.
MOTION by Damp/Corum
Approve A,D,E,F,G,H, and I.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 4-0
Discussion followed relating to Items B & C and the
City Attorney suggested that the Council accept the
first reading on both of these ordinances and set the
publlc hearinq June 9, 1993 (as opposed to May 26,
1993) and afford Planning and Zoning time to make
their recommendations to Council.
The City Attorney read 0-93-09 by title only.
MOTION by Damp/Freeland
I make a motion that we send this back for the
Planning and Zoning to go through it in their meetings
in May, continue the first hearing tonight, but to
have it sent back to us in June.
5
City Council Regular Meeting
April 28, 1993
Mrs. Damp added that this motion is accepting the
first reading and setting the public hearing .for June
9, 1993.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. OberbeCk - aye
MOTION CARRIED 4-0
Item C - Ordinance No. O-93-10
Eight Foot Fences Adjacent to Wentworth Ditch
This Ordinance was read by title by the City Attorney.
MOTION Damp/Freeland
I make a motion that we accept this for the first
reading and it be sent back the Council for June 9,
1993.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 4-0
10.
PRESENTATIONS
None
11. MAYOR 1%ND ~ ~ MATTERS
A. Mrs. Norma Damp
Congratulated Mr. McClary for his perseverance in his
correspondence to Mr. Webb of F.D.O.T regarding the
U.S. #1 median left turn projects for correction
AND
The report that was included in the package on water
and sewer policy he prepared and requested that he
read that report.
6
City Council Regular Meeting
April 28, 1993
7:45 pm
Tape One
side II
B. Mr. Robert Freeland
Questioned the policy for drug testing in the work
place. The Manager replied that the Personnel
Director was now reviewing the City's policy.
He questioned the appointment procedures for P&Z
members? City Manager replied that this was not
policy but tradition.
Mayor Lonnie R. Powell
Absent
D. Vice-Mayor Frank Oberbeck inquired as to
Laconia St. Bruce Cooper is now waiting for
the completion of a feasibility study by Mr. Hartman.
He also asked about the progress at Hardee Park and
both Dan Eckis and Bruce Cooper replied on the
condition of trees.
E. Mrs. Carolyn Corum noted that developers
are encroaching on abutting private property.
Bruce Cooper replied that a report will be
forthcoming.
She also expressed her concern for the need of a
Planner for the City.
The Vice Mayor noted that the City now has a
"Newsletter" and Barbara Corapi, receptionist, City
Clerk's Office named it "City Matters".
12. CITY ATTORNEY MATTERS
The $65,000 for Sebastian Lakes has been deposited in
escrow. He noted that the Legislature had passed a
number of bills that will effect the City.
93.139
~ N0~ R-93-11 - Third Amendment to city
Attorney Contract (R-93-11, City Clerk Memo dated
4/20/93, Survey)
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
7
City Council Regular Meeting
April 28, 1993
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 FORAN EFFECTIVE DATE.
The City Attorney read Resolution No. R-93-11 by
title only.
MOTION by Freeland/Damp
Move to approve Resolution R-93-11
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 4-0
93. 151
93.152
Report on Washington Street Curb Replacement
(city Manager Recommendation dated 4/22/93)
Mr. McClary gave a very brief report on the
Washington Street curb and gutter between U.S. #1 and
Indian River Drive and the cooperation of the F.D.O.T.
No action was requested at this time.
Report on Water and Sewer Policies (City Manager
Recommendation dated 4/22/93)
This report was for informational purposes only and
no action was requested at this time.
City Manager read his report for the record as
requested by Mrs. Damp.
Recess 8:02 P.M.
Ail members present at 8:14
14. COMMITTEE REPORTS/RECOKMENDATIONS
Mr. Freeland reported that on behalf of the city he
had attended a Victim Rights Awareness program held
in Veto Beach on Tuesday, April 27, 1993.
8
City Council Regular Meeting
April 28, 1993
PLANNING AND ZONING COMMISSION
93.153 A.
Recommendations Pertain~nq to Appointment of
Board Members ,(S~aff Recommendation dated
4/28/93, R R ~ Letter dated 4/21/93, 12
Applications]
Appoint John W. Falke to Fill the Unexpired
Term Regular Member Position Vacated by
Norma Damp - Term to Expire 6/94
MOTION by Corum/Freeland
Move that we appoint Mr. John Falke to fill the
unexpired term to expire in June of 94.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 4-0
Appoint Howard Goldstein (2nd Alternate) to
Fill the Regular Member Position Vacated by
Robert Fullerton - Three Year Term to Expire
4/96
MOTION by Freeland/Corum
Motion to accept Mr. Goldstein as a regular
member term to expire April 1996.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 4-0
(3)
Appoint Carl Fischer (1st Alternate) to Fill
the Regular Member Position Vacated by
Stanley Krulikowski - Three Year Term to
Expire 5/96
9
City Council Regular Meeting
April 28, 1993
MOTION Damp/Freeland
Motion to appoint Carl Fischer to the three year
term to expire May 1996.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-0
(4)
Appoint Walter Barnes to Fill the Unexpired
Term of 1st Alternate Vacated by Carl
Fischer - Term to Expire 11/95
MOTION by Corum/Damp
Motion to accept Mr. Walter Barnes to fill the
unexpired term to November 1995
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 4-0
(5)
Appoint Jean Brantmeyer to Fill the
Unexpired Term of 2nd Alternate Vacated by
Howard Goldstein - Term to Expire 1/96
MOTION by Damp/Freeland
Motion to appoint Jean Brantmeyer to the term of
a second alternate to expire January 1996.
Mr. Freeland stated that after reviewing all the
application he felt Mr. Munsart had an extensive
background that would qualify him for this
appointment. The Vice Mayor was in agreement.
ROLL CALL:
Mr. Freeland - no
Mr. Oberbeck - no
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 2-2 SPLIT VOTE
l0
City Council Regular Meeting
April 28, 1993
It was the consensus of the Council to have P&Z
reconsider this appointment.
15. OLD BUSINESS
The Vice Mayor questioned the tourism study letter.
Staff to follow up.
None
16. NEW BUSINESS
93.086
RESOLUTION NO. R-93-14 - Side Lot Culvert (City
Engineer Recommendation dated 4/21/93, City
Attorney Letter dated 4/20/93, R-93-14,
Agreement, Application Form)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A SIDE LOT CULVERT POLICY;
ESTABLISHING COSTS; ESTABLISHING AN APPLICATION FOR
SIDE LOT CULVERT; ESTABLISHING AN APPLICATION FEE;
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO ENTER
SIDE LOT CULVERT AGREEMENTS; REPEALING RESOLUTION NO.
R-88-37; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. R-93-14 was read by title only by the
City Attorney.
Vice Mayor requested Dan Eckis to read the summary
statement.
MOTION by Damp/Freeland
Move that we approve the Resolution R-93-14 and
side lot culvert agreement.
Discussion followed relating to the application.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Hrs. Damp -'aye
Hr. Freeland - aye
MOTION CARRIED 4-0
11
city Council Regular Meeting
April 28, 1993
Changes (minor) by the City Attorney were noted and
incorporated into the Resolution prior to the
meeting. (R-93-14)
93.116
B. R~SOLU?ION N0- R-93-.19 - Publlc Input (city Clerk
Recommendation dated 4/22/93, R-93-19)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-89-30,
PERTAINING TO PUBLIC INPUT AT CITY COUNCIL MEETINGS;
PROVIDING FOR DEFINITIONS; PROMULGATING GENERAL RULES
OF PROCEDURE FOR PUBLIC INPUT AND INTRODUCTION OF NEW
BUSINESS BY THE PUBLIC AT CITY COUNCIL MEETINGS;
PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. R-93-19 was read by the City Attorney
by title only
The City Manager explained the intent of this
resolution.
The City Attorney requested that item "H" the last
line "Discretion is given to the City Manager to
determine whether copy costs should be levied."
BE STRICKEN.
MOTION BY Corum/Freeland
Approve Resolution R-93-19.
A brief discussion followed relating to the cost of
copies and also that 10 copies must be submitted to
the City Clerk's Office for back up material.
It was also noted that citizens unable to speak at a
meeting due to time constraints will be heard at
the next meeting.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 4-0
12
City Council Regula Meeting
April 28, 1993
93.154 C.
RESOLUTION NO. R-93-21 - Sixt~ Da~ Extension
Vacation of a Portion of North Central Avenue
Sebastian Inlet Marina (Staff Recommendation
dated 4/22/93, R-93-21, Collins Letter dated
4/19/93, Smith Letter dated 4/21/93, Kalish and
Smith Letters dated 4/20/93, O-92-13)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A
TIME EXTENSION OF 60 DAYS IN REGARDS TO THE
CONDITIONS SET FORTH IN SECTION 3 OF ORDINANCE NO. O-
92-13; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. R-93-21 was read by the City Attorney
by title only.
Vice Mayor explained the intent of this Resolution.
MOTION by Corum/Freeland
Move to approve Resolution R-93-21.
Mrs. Damp questioned various reasons for this item.
8:45 P.M.
Tape 2
Side 1
93.155
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-0
RESOLUTION NO. R-93-22 - Assistant Golf
Professional Job Description (Staff
Recommendation dated 4/21/93, R-93-22)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF ASSISTANT GOLF PROFESSIONAL; PROVIDING
FOR INCLUSION OF SUCH JOB DESCRIPTION iN THE CITY OF
SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING
FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
13
City Council Regular Meeting
April 28, 1993
Resolution No. R-93-22 was read by title only by
the city Attorney.
Joe O'Rourke, Golf Course Manager/Pro spoke to the
Council noting that this request is for a part-time
apprentice. He elaborated on the duties for this
job. The City Manager noted that this person would
fulfill all the duties of the desk clerk first on a
part-time basis, the one difference would be he/she
would be working in an apprenticeship program to
qualify for a PGA pro.
Mr. Freeland posed his concerns to O'Rourke and
referred to the Summary Statement and Job Description
Mr. O'Rourke and Mr. McClary replied.
The Vice Mayor expressed his concerns about lack of
advertisements and promotions in chronicles.
A rate increase was also discussed.
MOTION by Freeland/Corum
Move to approve Resolution R-93-22 as a part-time
position.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 4-0
17.
INTRODUCTION OF ~~Y THE PUBLIC (Which is Not
otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
Being no further business to come before the Council
the meeting ADJOURNED at 9:10 P.M.
Lonnie R. Powell
Mayor
Kathryn M. O'Halloran
City Clerk
14
city Council Regular Meeting
April 28, 1993
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
15
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
i MINUTES
I SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
I WEDNF3DAY, MAY 5, 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 to order at 7:00
p.m.
2. The Pledge of Allegiance was recited.
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
Utilities Director, Richard Votapka
Personnel Director, Wendy Widmann
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
City Council Workshop
May 5, 1993
Page Two
4. AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS}
The City Manager requested that a request from
Tozzolo Bros. for specimen tree removal be added to
the agenda. City Council unanimously concurred.
None.
6. PUBLIC INpuT ON AGEI~D]% ITEM~
please ~ 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.
John Kanfoush, 1437 Seahouse Street, Sebastian,
addressed City Council relative to the tree
ordinance.
Peter Jones, 1924 5th Avenue SW, Veto Beach,
addressed City Council relative to the Riverview Park
North conceptual plan and offered the assistance of
the Chamber of Commerce.
A1 Vilardi, 445 Georgia Boulevard, Sebastian,
addressed City Council relative to the tree
ordinance and Riverview Park North conceptual plan.
7. ~AGENDA
None.
S. MAYOR ~ CITY COUNCIL MATTERS
A. Mr, Robert Free%and
Mr. Freeland inquired as to the status of the
proposed computer operator position, to which the
city Manager responded that the position will be
filled by next week; inquired when the April
financial statement will come out, to which the City
Manager responded it will be submitted Monday;
suggested that ordinances and resolutions be
presented legislatively; and stated that a staff
policy has been established to return calls and
letters to citizens promptly.
2
City Council Workshop
May 5, 1993
Page Three
B. Mayor ~ R. Powell
Mayor Powell inquired as to the status of the police
station clean-up, to which the Director of Community
Development responded that an assessment will be done
on May 14th; and with the consensus of City Council,
tentatively scheduled a workshop meeting between the
Code Enforcement Board and City Council on May 18th
from 4:00 p.m. to 6:00 p.m. It was noted that the
public will be allowed to address Council at this
workshop.
C. V$ce-Mayor Frank~
Mr. Oberbeck inquired whether new personnel requests
will be brought to City Council by the Personnel
Director, to which the City Manager said no specific
policy has yet been established; inquired as to the
status of Gibson Street; and discussed the need for
an access parallel to U.S. i between Main Street and
CR 512.
D. Mrs. Carolyn Corum
Mrs. Corum reiterated her request for City Council
members and the public to tour private scrub land at
St. Sebastian and suggested Wednesday, May 12th. The
City Attorney responded with certain concerns
relative to the Sunshine Law. It was noted that City
Council will be acting on matters involving this
property in the future and recommended that a formal
meeting be called if the tour is conducted.
TAPE I - SIDE II (7:48 p.m.)
Following discussion, it was the consensus of the
majority of City Council not to conduct the meeting
to tour scrub land.
Mrs. Corum inquired about the need for a police
station fungus assessment, to which the Director of
Community Development responded.
Mrs. Norma DamR
None.
9. CITY ATTORNEY MATTER~
None.
City Council Workshop
May 5, 1993
Page Four
92.317
10. g~LTX~%rAGER MATTERS
11.
None.
Mayor Powell called recess at 7:53 p.m. and
reconvened the meeting at 8:10 p.m. Ail City Council
members were present.
Steve Pitiac requested to speak on item D - Utilities
Rate Resolution.
MOTION by Freeland/Damp
I move we allow him to speak.
VOICE VOTE on the motion carried 5-0.
~ ~ros. SDecimeD ~ Removal
MOTION by Corum/Freeland
I make a motion that we allow one oak to be
removed from lot 5, block 199, unit 10.
Wayne Tozzolo, 1085 Gardenia Street, Sebastian,
stated that the tree is approximately 24" in
diameter.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
WORKSHOp ~T~MS
Proposed Tree~_t_~ Ordinance /staff
Recommendation~9_~ Brevard County Tree
Application)
Shirley Kilkelly, 950 Franciscan Avenue, Sebastian;
Harry Thomas, 654 Balboa Street, Sebastian; and Gail
Boardman, 686 Capon Terrace, Sebastian addressed City
Council on the proposed tree protection ordinance.
City Council Workshop
May 5, 1993
Page Five
The Director of Community Development gave a brief
presentation of the new proposal.
City Council members offered individual input and a
lengthy discussion followed.
TAPE II - SIDE I (8:48 p.m.)
city Council discussion continued.
The Director of Community Development said he sees a
consensus among three members to maintain the current
ordinance.
Mr. Oberbeck was excused from 9:17 p.m.to 9:19 p.m.
Following further discussion, it was the consensus of
City Council to add to the current ordinance a
minimum height of six feet and 1 1/2 inch caliper,
distribution of homeowner packet, and city relocation
of trees at city expense.
Mr. Oberbeck suggested a six month inspection.
TAPE II - SIDE II (9:35 p.m.)
The Director of Community Development said staff
would redraft the ordinance and bring it back to City
Council.
Mayor Powell called recess at 9:40 p.m. and
reconvened the meeting at 9:45 p.m. Ail City Council
members were present.
93.050
Riverview Park Conceptual Desiq/! (Br~d Smith)
(Staff Recommendation dated~Riverview
Park Conceptual Master Plan ~Under Separate
Cover)
John Malek, 2144 19th Avenue, Vero Beach, said he
applauds the plan.
The City Engineer introduced Brad Smith who presented
the conceptual plan to City Council.
The City Manager gave a brief presentation and City
Council discussion followed.
5
City Council Workshop
May 5, 1993
Page six
A need for parking spaces in the plan was discussed.
Mr. Smith advised that there may be other
alternatives to turning the entire north property
over to parking and suggested the city may want to
conduct a parking study.
Project funding sources were discussed. The City
Manager recommended that grant funding could be
pursued and could be supplemented by the one cent
county option gas tax.
It was the consensus of City Council that it concurs
with the closing of Fellsmere Road, the pavillion
concept is acceptable with phasing, that parking and
funding issues have to be addressed and the
conceptual plan be revised accordingly.
TAPE III - SIDE I (10:30 p.m.)
At 10:30 p.m. motion was made as follows:
MOTION by Oberbeck/Damp
I would move that we extend the meeting 15
minutes.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
91.118/
93.156
Airport Land Lease (city Manaaer Recommendation
dated ~28/93, Nash letter ~ated 3/31/93 w/22
Da~e lease, Price ~ dated 4/20/93. Price
letter dated 11/16~92. McClary "Airport Leases"
~1/25/93. McClary ~AnalYsis of Per Acre
~ Rentals" dated 4/20f93. WHS ~
Master Plan dated August..1.~2 a~ RS-~, RS-~,
Tables 8,%A, ~ 8.1C. JVA "Lease Rates" dated
4/27/93. R-86~4A dated ~/15/86 - ~3 ~
Jacksonville P~Authoritv ~'Surveyof Florida
~ page ~ i ~ only. Veto ~each Municipal
~ ~!Rate Study" dated 3~15/93 - 23a~ o__n
file in C_~ Clerk's ~ Armfield-Wauner
A~Draisal i Research. inc. ~ reD oft dated
12/4/93 - ~ paqes on file in Citv Clerk's
office}
city Council Workshop
May 5, 1993
Page Seven
The City Manager briefly explained the proposed
airport land lease for all future airport lessees.
Clay Price, 12430 Roseland Road, Roseland, urged City
Council approval.
City Council discussion ensued.
MOTION by Oberbeck/Freeland
I would move that we approve this airport lease
as submitted to us by staff with changes incorporated.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
The City Manager verified that the motion included
the $1200 rental, city Council concurred.
MOTION by Corum/Freeland
I make a motion that we extend the meeting for 10
minutes.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
93.152
De
Utilities Rat~ Resolution (staf~ Recommendation
d~.~ed ~/29193. ~ dated 4/27/93 to MaYor
Powell f City ~ and paqe from the "Schedule
of Water and Sewer Rates, Fees an~ Charqes")
Steve Pitiak, Park Place, objected to continuance of
the $10.00 per month surcharge for Park Place
customers.
The Utilities Director briefly explained the
continuance of the surcharge and the possibility of
its deletion if the GDU plant is acquired.
7
City Council Workshop
May 5, 1993
Page Eight
TAPE III - SIDE II (11:00 p.m.)
The City Manager said the rate resolution will be
presented at the next meeting.
12. Mayor Powell adjourned the workshop at 11:00 p.m.
The following items will be carried to the May 12,
1993 Regular City Council meeting agenda.
93.122 E.
ProDosedg~t~kg_gNO.. OT93-1~ and Res0~Ut~OnNO.
~93-17 ~ Cemetery (Citv Clerk Recommendation
dated ~ Ordinance Q-9~-12. ~_~
93.157 F.
Personnel D~epartment Activities i Goals fStaff
Recommendation dated ~ w~dmann memo dated
Approved at the
Meeting.
, 1993, City Council
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
SUBJECT:
REQUEST TO REMOVE SPECIMEN TREE
SUNSHINE QUALITY CONSTRUCTION
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
) Agenda Number:
I Approved For Subm~ ~,~
City Manager
)
)
)
)
)
)
)
)
)
)'
)
)
)
)
Dept. Origin: Community Development
Date Submitted: 04/30/93 (BC~F--
For Agenda Of:
05/12/93
Exhibits:
Land clearing application dated
3/18/93
Survey
Minutes of Council Meeting 3/24/93
Letter from Tim Elder dated
4/16/93
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, Sunshine
Quality Construction, Inc., is requesting removal of one specimen tree on
a property at 813 Barker Street (Lot 7, Block 52, Sebastian Highlands
Unit 2).
The original application which went before City Council on March 24, 1993,
asked for the removal of three specimen trees. At the meeting, however,
Mr. Cormier of Sunshine Quality Construction amended his request to remove
only two specimen trees. Mr. Cormier felt that the house could be located
to save the third tree (a 22" oak located in the front area of house.
Subsequent to that meeting, Mr. Cormier ask Tim Elder, Indian River County
Forester, to comment on the preservation of this tree (letter attached).
On the basis of the information provided by Mr. Elder, the applicant is
now asking for permission to remove the tree.
RECOMMENDED ACTION
Move to approve the removal of one 22" oak located on Lot 7, Block 52,
Sebastian Highlands Unit 2.
6ffice Use Only
A
SITE INSPECTION BY: ~__.-/~('~ DATE:
APPROVED FOR PERMIT: YES~.~' NO:
MUST OBTAIN CITY COUNCIL APPROVAL: YES: ~ NO:
IF YES, DATE OF CITY COUNCIL APPROVAL:
C~T__~Y O__F SEBASTIAN / APPLICATION FOR CLEARING AND
REMOVAL AND/OR RELOCATION OF TREES
STREET ADDRESS: ~'~ ~/~,~'~ ~ ~/'~
LOT NO.: ~ BLOCK NO.: ~ UNIT NO.:
. · -
SUB-CONTRACtOR: ~,{ ~ ~
I certify that all the foregoing information is accurate and
that all work will be done in compliance with the Land
Development Code ( Article XlV )
Signature ~D/~~
APPLICATION ~UST INCLUDE: / / ,' /
~ ~ a ~r~ ]~at~ll s~men 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.
2. Applicant must tag all specimen trees with a bright
ribbon around the tree approximately 6 feet above
the grade.
.,/egular City Council Meeting
1993
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
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.
93.106
11. MAYOR AND CITY COUNCIL MATTERS
A. ~ bonnie R. Powell
1. ADDoint Members ~o Indian River county Doards.
,(city ,Clerk Recommendation dated 3/15/93) ,
Mrs. Damp volunteered for the Economic Development '
Council. Mr. Freeland volunteered for the alternate
position on the Transportation Planning Committee.
9
Agriculture & Consumer Services
BOB CRAWFORD '
I Frank Cot · -' '
Sunshine Quality Construction,Inc. APR 27 199J
1082 Barber Street ' "
I Sebastian, Florida 32958
IDear Hr. Cormier,
In recent phone conversation's 'wiHh you and Hrs.. Faust, 'a
I situation was presented to me regarding the preservation of a
tree on a construction site. As I understand it the tree is to
be located less than ten feet from the building, and will have
I approximately 36 inches of fill material placed around it.
As I stated t~ you and Mrs. Faust, the tree cannot SUrvive
under the described conditions, and should be removed prior to
I construction. The 36 inches of fill material around the tree
will cause the suffocation of the root system and the eventual
death of the tree.. THe death of the tree may not occur immedi-
I ately, and could xn fact take several years to occur.
The close proximity of the tree'to the structure 'also
presents problems~ Besides the suffocating effect of the struc-
I ture on the tree s root system, it is'widely recommended that
large trees never be placed closer than ten feet to a structure.
The ten foot buffer is a safety guideline to minimize any storm
Idamage to the structure caused by the ~ree. .
If I can be of any further assxstance on this subject,
I please contact me at your convenience.
Sincerely;'"
i , BOB CRAWFORD
" COM~SSIONER'OF AGRICULTURE
Indian River County Forester
(407)778-5084
e
I
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:
REQUEST TO REMOVE SPECIMEN TREE
AMERON HOMES, INC.
Approved For Submittal By:
City Manager
Agenda Number:
Dept. Origin: Community Development /~
(BC~
Date Submitted: 04/26/93
For Agenda Of:
05/12/93
Exhibits:
Application for Tree Removal dated
04/23/93
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, Ameron
Homes, inc., is requesting removal of one specimen tree on a property at
302 Brookedge Terr., Lot 7 & 8, Block 302, Sebastian Highlands Unit 10).
The tree (one 24 inch diameter oak) is located in the proposed location
for the house and driveway.
RECOMMENDED ACTION
Move to approve the removal of one 24 inch diameter oak located on Lot 6,
Block 302, Sebastian Highlands Unit 10.
SCALE: 1"=20'
-
(1 of 2)
JOB NO: 93-1082
LOT 7, & LOT 8, BLOCK 302, SEBASTIAN HIGHLANDS
UNIT 10, according to the Flat theceof as re-
corded in Plet Book 6, Page 31, Public Records
of Indian River County, Florida.
SECTION
LOTS CONTAIN 21~351.2 SQUARE FEET OR O.6g
ACRES HeRE OR LESS.
BOUNDARY SURVEY WIT}! IHPROVEHENTS
FOR
AHERON HOHES,INC.
Parcel lies in Sec. 24, Twp. 315., Rng.38E~
LOT CONTAINS 21,351.2 square feet or 0.1g
acree Bore or less
SURVEYOR'S NOTES:
1. Bearings based on Record Plat line
ae shown on above sketch of survey indicated
by ( BASIS OF BEARING LINE).
2. Location of underground utilities and
underground foundations are not abstracted
and have not been located aa part of this
survey except aa shown.
3. Property situated in FLOOD lONE "X"
eccordtns to FIRH HA~ of Indian River County,
Florida, map number'12OGICOO78B. .
&. Elevations (if shown) are based on
assumed datum.' ' .
5. This survey vas prepared without benefit
of a currant ti/le report end therefore may
not indicate all encumbrances affecting
subject property.
~ba~ 93-1082
HeM Boot ~. 91/67-69
SECTION 21-31-38
MYr VXU"O ~
p~ on 3131/93 a~d recert~ ~ k] ~ sm&,rs~l
ner 4~. ,027 FTar~a ~e~ l~et ~ 21-Ra-a, ~ YMa~tntan~we
130 Entente Aw. ~.E. 8ulte
'
Clr~ OF 8EDASTIAH
..... / A_..PPLICA~TION FOR CLEARING AND
REMOVAL.AND/oR ItELOCATION--6~ TnEES
,
PlIONE t 407-589-5159 ...........
.
I certify that all ~he foregoxng information is accurate and
thab all work will be done ~n compliance w~h the ban~
~evelopme.b code ( Arb~cle XlV )
--1 On a mtrvey, 19cafe all specimen frees {20
diameter or ~ot-e}, In4lea[e ~hlch [reee [o be
removed and/or relocated, indicate ~he species of
each [r~e. ~11 ~peoimen [ree~ {20 inch diameter or
morel ~o be removed or reloca[e4 mus[ obtain the
approval o[ the.Sebastian City Coon"ell. A sur~ey
indicat[ng all xmprovemen[n must be submitted
rela[[on [o file removal of the apee[men ~reee.
2. ~ppliean[ must [a~ all ~peclme~ [reee with a bright
ribbon around ~he ~ree approximately 6 feet above
the ~rade.
....................... ............ D
MUST OBTAIN CITY COUNCIL ~~ YES{ ./i NO~
IF YEg, DATE OF CiTY COUNCIl, APPROVAL:
I City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT:
REQUEST TO REMOVE SPECIMEN TREE
PRUDENTIAL BUILDING CO.,INC.
Approved For Sub~~__
City Manager
)
)
) Date Submitted: 05/05/93
)
) For Agenda Of: 05/12/93
)
) Exhibits:
) Land clearing application dated
) 05/04/93
) Survey
)
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,
Prudential Building Co., Inc. is requesting removal of one specimen tree
on a property at 1856 Barber Street (Lot 10, Block 456, Sebastian
Highlands Unit 17). The tree (one 23" oak) is located on the proposed
location for the house and driveway.
RECOMMENDED ACTION
Move to approve the removal of one 23" oak located on Lot 10, Block 456,
Sebastian Highlands Unit 17.
~OT .0.. ~OC~ ~0~.. q~ UNiT ~o.: iq ·
ADDRESet ~.~).~30~ ~~,~O(~~ , ~_.11 ZIP. ~~
P.oN~ ~o.~ ~:~b , , ~.. ~ '
I certify that ~11 [he foregozng in~ormati?a iS accurate and
tha~ all ~ork u[ll be ~one.'[n compliance ~[2h [he ~and
Developmen2 Code ~ ,~r[[ole XIV ) '
APPLICATION ~ ~NC~UDEt . ·
~ a sur%eY, locate all..p~l.e, trees
removed and/or relocated. Ind~at, the ~pecze.
each tree. All ,peczmen tree, {20 inch diameter or
more) to be removed or.relocated mu,~ obtain the
app[ov{l of ~he.Seba,~an City Council. A ,~rvey
indzca~ing all ~.provement, mu~ be. ,ubmlt~ed in
relation to the removal of ~he ,peczmen tree~.
2. Applican~ mu~ ~ag all ,pe~z,?n ~ree, wi~h a bright
ribbod" around ~he ~re{ approxz.a~ely 6 fee~ above
.. ' the grade,
MUST O.TAIN CITY COUNCIL APPROVAL, Y~S:~ NOt
IF YES, DATE OF CITY COUNCI5 APPROVAL.
RESOLUTION NO. R-93-15
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, VACATING, ASOLISHING, ABANDONING, AND
DISCONTINUING THE PUBLIC UTILITY EASEMENTS OF THE NORTH
FIVE FEET OF LOT 6, AND THE SOUTH FIVE FEET OF LOT 7,
BLOCK 62, SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PBI $-3?, PUBLIC RECORDS OF
iNDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY the City Council of the City of Sebastian,
Indian River County, Florida, as follows:
~ECTION 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 6, and the south five feet
of Lot 7 drainage and utility easement, Block 62,
Sebastian Highlands Unit 2, according to the plat
thereof, recorded in FBI 5-37, Public Records of Indian
River County, Florida.
SECTION II
All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
SECTION III
This resolution shall be recorded in the public records of
Indian River County, Florida.
SECTION ~¥
This resolution shall be in full force and effect
immediately upon its passage.
The foregoing Resolution was duly passed and adopted
by the City Council of Sebastian, Florida, this day of
, 19 .
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(sm )
(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
desc~'f~'~d 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, Florida, the
day of , 19 .
Li~da M. Lohsl
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires:
Approved as to Form and Content:
Charles I. Nash, City Attorney
!
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
MEMORANDUM
DATE: April 20, 1993
TO: Kathryn M. O'Halloran
City Clerk .~
FROM: Daniel C. Eckis, P
City Engineer/Publicq~orks
Director
RE:
Abandonment of Easement - North (5) feet of Lot 6 and
the South (5) feet of Lot 7, Block 62, Unit 2,
Sebastian Highlands
I have reviewed the request for abandonment of easements and
do not have any ob3ections to the abandonment, since there
is a single family residence already constructed in the
easement.
Should you require any further information, please feel free
to contact our office.
DE:lk
' ' CXTY OF SEE~ETI~N ," ,,.
'~PPLI~TXON POW V&c&TioN OF FCtS~ME~(~) - ' ' : '-/'"[-' :~''
PATRICK s. sTzP,S ' Jm
ADDRES$~ 52~ SAUNDERS STREET SEBASTIAN, FL 32958
T£LEPHONE NO. F
~eal below .
~o~s 6 and 7, Block 62, $.~B6STI~ HIGHS, UNIT NO. 2, accordl~[~o :th~.'"" ' . .'
Plat thereof as recorded in Pla~ Book 5; Page 37, bf ~he Public ~ac°~d~ Of~' . .. '.'. ·
I~d~an River CoUnty, Florida. '
~ ,,' : , . .2~.. , : ·
(This item %o be ~i[led in by Building Officisl) ., ,. ' ."'
APPEOXX~TE SI~E OF ~M~NT~ I~ ~me~ in longth
PURPOSE FOR R~0UEST TO VACATRi
A house has bee~ constructed on a portion of easement area
/0 ~ in widthB:', '" ".~Y ',. ~
I. HERERY CERTIFY tha~ ~, the Applicant, own the real property'6n'":" ". :.
which the' aamement ! request ~o vacate exists, or I am'authorized ."4'
Attach hereto' the followin~{.
,showing tho parcel o~ land On. which the 'easement exiOte, ..... '
) ~.
( )3.
(~/A)
( ) 4.
'(N/A)
( ) 5.
wi~h parcel(e) of land adjacent to the
Complete legal deecrip~ion, o~ the parcel of lend'on Wh~ch'?~':-.":,:.'
placed On the lines provided, abo~a ~or
Writ%eh authorization of the owner of the paroal'of'la~d "'" "' .:.
owner. ..,,
IF IT IS NECESSARY TO ORANT BACK ANOT~ER'EASEMENT TO , ,.':"~ ":'.
OF ~ASEMENT TO ACCOMPLX~H THE DEDICATION OF THE NEW EASEMENT...'.
At%ach a check or money order payable to "The'City of ';~:" ','.'
Seba~tien'' upon eubmtttml O~ tilts'application to the ,.:, ':":~:.. -.
Office Of the City Clerk. 'Thia application fee i~ not ,'. :,', '
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'TO: INDiA~ RIYFR ?1"1'1-£
131'-11~3^~iO 'TI'I'L£ II~ISURAN(3£ (30.
~5 foot utility a drai~
~-5 'f~ot utility & drain~
505 BEACHLAND BLVD., SUITE 6
P.O. BOX 6116
lXlVet
Title
'CORPORATION VERO BEACH, FLORIDA 32961
(407) 231-3303
Fax (407) 231-3024 I
Re:
Lots 6 and 7, SEBASTIAN HIGHLANDS, UNIT 2, according to the Plat
thereof as recorded in Plat Book 5, Page 37, of the Public Rec-
ords of Indian River County, Florida.
IR#10175 - INDIAN RIVER FEDERAL CREDIT UNION TO FRAZELLE
I, Patrick S. Frazelle, hereby authorize Indian River Title Corporation
to ack as my agen~t in getting a release of easement on the above de-
scri~rope~'~rom the. City of Sebastian,
DAT: F)bruary 26, 1993
AC~O~GED, ~0~ TO ~ SUBSCRIBED BEFO~ ~, THIS 16~ DAY OF FEBRU~Y
~ CO~S[O~ ~[~[S=
!
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Sebastian River Art Club
Use of Riverview Park for 1993/94
Season
Approved For Submittal By:
City Manager
Agenda No.
Date Submitted 4/29/93
For Aqenda Of 5/12/93
~ dated 4/26/93
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMFa%RY STATEMENT
The city of Sebastian has received a request from the Sebastian
River Art Club for use of Riverview Park for shows. The Sebastian
River Art Club has held shows at Riverview Park since 5/14/87.
Requested dates are as follows: Saturday, December 18, with rain
date of December 19, 1993. - Saturday, February 19, 1994 with
rain date of February 20, 1994 - Saturday, March 19, 1994 with rain
date of March 20, 1994. - Saturday, May 14, 1994 with rain date
of May 15, 1994.
Unless otherwise applied for to city Council, the following are
established rules for use of Riverview Park.
1. $100.00 Security Deposit (on hold)
2. No vehicles in the park.
3. Applicants provide sufficient waste receptacles and clean up
after event.
4. No alcoholic beverages are permitted within the park.
5. All displays must be clear of the sidewalks and entranceways.
6. Any goods for sale must be handmade by members of the
organization.
RECOMMENDED ACTION
Move to approve request of the Sebastian River Art Club for
requested dates with standard conditions.
April 26, 1993
Hon. Mayor Lonnie Powell & Councilmembers
City of Sebastian
PO Box 780127
Sebastian, Fi 32978
Gentlemen:
The Sebastian River Art Club is in the process
setting up our show dates for the 1993-1994
We are submitting the dates listed below for
tion on the part of the council for our "fine
exhibitions at the Riverview Park location:
MONTH
1993
December
1994
February.
March
May
Sat. 18 Sun.
Sat. 19 Sun.
Sat. 19 Sun.
Sat. 14 Sun.
Inasmuch as we prepare a listing of our shows,
for distribution throughout the city, as well
of Commerce, we hope you will approve the dates
so that we may proceed with our printings.
We only use the park frontage along USS1 and
that any other activity that could be scheduled
River Road section certainly will not interfere
activities and we welcome other events in the.part at
scheduled dates as a compliment to one another.
Thank you for your consideration.
Vgry truly yours,
Se~D~stian~_ Art/-~lub ~
Joan McAllister - President
Phone: 589-8298
s~~era-
e arts"
DATE RAIN DATE
20
15
s, in advance,
1 as the Chamber
tes as listed
again advise
led along the
ere with our
e.pa: our
er.
Sebastian River Art Club
PO Box 780534
Sebastian, Fi. 32978-0534
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I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: FOP Fraternal Order of
Police - Use of Community Center
October 30, 1993-Halloween Party
Approved For Submittal By:
City Manager
Agenda No. ~./~Q
Dept. Origin City Clerk
Date Submitted 5/4/93
For Aqenda Of 5/Z2/93
Exhibits:
Letter dated 5~4193
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian has received a request from the Fraternal
Order of Police, Sebastian River Lodge 139 for use of the
Community Center on October 30, 1993 to host a Halloween Party.
They are requesting waiver of all rental fees and alcohol use at
this event. A security deposit is on hold at this time.
Council has previously approved the Fraternal Order of Police
request for waiver of rental fees for use of the Community Center
on July 31, and December 31, 1993 at their Regular Meeting of
March 24,'1993.
RECOMMENDED
Move to approve the request for use of alcohol beverages and
waiver of rental fee.
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
Reason for lental
Requested .Date
Tim o~ ~: ~ ~ ~ To
1) ~e ~t~ fa~ti~
~e :becks pelmble to: CIFf 0~ ~
Securit~ ~epesit ~d on /,-7-- ......... re) in the mount of
by c~.~, ~ or Cash .
(date) in the ano~mt of or Cash
hitial
the Co..cil ~eetin~on
Request ~ / D~D.
Rental l~ee paid on
by Cb~,ct- dP
tttt
Alcoholic Beverage Request heard at (date).
Fee Waiver Request heard at the Council ~eetinq on
(date). R~est AI'?ROVI~ / D~.NI~.
Key Pic~p Date Xe,/ Return Date
Security ?posit returne~ by Cit!~ t'heck ~
almllllt o£ on
in the
(date)
el sti n iter Eobge 139
P.O. Box 782123
Sebastian, Florida 32978
Subject: Request Waiver on rental of Sebastian
Community Center 30 Oct 93.
THRU:
TO:
Robert McClary, City Manager
Mayor Lonnie R. Powell
Councilman Frank Oberbeck
& Council
4 May 1993
During the month of October 30, 1993, the Sebastian Fraternal
Order of police would like to hold a halloween Dance at the
Sebastian Community Center.
Our Lodge is a non-profit organization and request a waiver on
the rental fee.
All the members of our lodge ask you to please support our goals
in the community.
JFS-cc
Sincerely
Lawrence Hardison
President
FOP Lodge # 139
m
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT= Barber Street Sports
Complex - Field Design
Approved for Submlttal By:
city Manager
) Dept. of Origin: City Manager
)
) Date Submitted 05/06/93
)
) For Agenda of 05/12/93
)
) Exhibits=
)- Field Layout Drawings -(3 Pages)
SUMMARY STATEMENT
The Barber Street Sports Complex includes five (5) sports fields:
two (2) - 200 foot fields for little league baseball, one (1) -
300 foot field for senior league baseball, one (1) - 300 foot
field for softball, and one (1) - football - soccer -
multipurpose field. The two (2) -200 foot fields and the 300
foot baseball field are completed. The 300 foot softball field
will be completed this year. Staff is currently finalizing
specifications and bidding packages for this year's project.
Presently, Indian River County conducts a twelve (12) month
softball program using one (1) field. The Sebastian Area Little
League Association leases the two (2) - 200 foot fields for
approximately six (6) months and is permitted use of the 300
foot baseball field for the same period.
Recently, I have been asked by the President of the Sebastian
Area Little League Association, to modify field ~4, the softball
field, to accommodate baseball. Previously, the City has been
requested by Indian River County Recreation to modify the
baseball field, field 93, to allow softball. Field %3 was built
as a baseball field and cannot be used for softball and field #4
is planned as a softball field only and could not be used for
baseball.
The obvious answer is to modify both fields 93 and #4 as
universal fields so that either baseball or softball could be
played on either field. If fields ~3 and #4 can be used for both
softball and baseball, then the Little League Association would
have use of all four (4) fields during their six (6) month season
and the Indian River County Softball Program could use both
fields during the other six (6) months. Further, Indian River
County Softball or other programs could use fields #3 and ~4 on
evenings not scheduled for Little League Association play.
Additionally, day time programs not in conflict with little
league, such as "over - 55" softball, could continue to be played
during the day on either fields 93 or 94, or both. The
combination field would retain a grass infield but the grass
infield would be shortened thirty (30) feet to accommodate the
sixty-five (65) foot base paths for softball. Further, the clay
area for softball would extend an additional fifteen (15) feet to
accommodate the ninety (90) foot base paths for baseball.
~ECOMMENDED ACTION
Move to direct staff to modify the plans for the Barber Street
Sports Complex to modify fields #3 and #4 to become universal
fields for either softball or baseball programs.
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10.00'
).00'
13.0' RAD. (T
',5.00'
5...00'
.6.00'
cp.)
PITCHER'S PLATE
(SEE SHEET 70Fi~
I
3.00'
'HOME Pi~ATE.
(SEE~ DETAIL TI--~IS SH'EET')
BACKSTOP FENCE
....... -'7'--- 20.0' HIGH --8.0' HIGH
20.0~ LONG 25.0' LONG
--x~./. x--x----x. '-,l' /--~-X.r. ~ x x.
"q ~.' - .' ' -~l' ._.' ,,, -~.1
COACH'S
BOX
6.00'
4.00'
__ RAISED PITCHING
MOUND
3.00'
18.0' DI,~.
CIRCLE '
i~._,.
3.00'
SEE DETAIL
THI2 "ET
./"~ · ON. 12'E~'~K CI'RCLE.
,% ,/ (,., DIA.,)
BACKSTOP FENCE
20,0' HIGH /--8.0' HIGH
2~.'Y LL)N.~, 2.L;.'7,' ~.~NG
' 'N'- BRuAL:CAST .P A~-0~
BOX
~ F Jg( JT (TYP.)
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I City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: Bid Proposal for )
Environmental )
Consulting )
Contaminated Soil )
Washington Street )
)
Agenda No.
Dept. Origin
Date Submitted
Approved for Submittal By: )
City Manager
)
)
)
For Agenda of
Exhibits:
05-12-93
EXPENDITURE AMOUNT
REQUIRED: $3,175. BUDGETED:
-0-
APPROPRIATION
REQUIRED: $3,175.
SUMMARY STATEMENT
Bids for environmental consulting services were opened
at 2:45, on May 4th, 1993 in the City Manager's
Conference Room. Three Bids were received by 2:00 P.M.
and two additional bids were received after the 2:00
P.M. deadline and were disregarded. Of the three bids
received, they are ranked as follows:
Viro Group
5909-D Hampton Oaks Parkway
Tampa, Fi 33610 (813) 623-5123
$2,575.
Empire Environmental
1111 S. Federal Highway Suite 124
Stuart, Fi 34994 (407) 287-0529
S9,345.
Geo.Research and Assessment Inc
3128 Lake Washington Rd #116
Melbourne, Fi 32935 (407) 568-0039
812,565.
The extreme fluctuation of the bid proposals can be
attributed to the bid package I had prepared for the
limited CAR. The scope of work was for the City to act
as a good neighbor by cooperating with DER's local
agency, HRS, to assess the contamination. However, the
City should not be responsible for the contaminates
being improperly discharged into the City Right of Way.
Therefore the bid package would be for a limited CAR
that would establish the following;
1). Groundwater flow direction,
2). Research of adjacent property concerning
historical underground storage tanks with the
search of local and FDER environmental regulation
records
3). Testing of the soil sample to determine both
hydrocarbons and formaldehyde levels for preburn
analysis
4). Prepare a report identifying the potentially
responsible party(s)
Then the City would turn that information over to MRS
for their use to initiate proceedings against the
responsible parties for the following:
1). Final preparation of the contaminated assessment
report
2). Soil removal and disposal
3). Preparation of the remedial action plan
4). Groundwater cleanup
The cost of these items would be at their expense and
not the City of Sebastian.
Of the three consulting firms, only one contacted
me directly for a clarification of the bid
specifications. That company was Viro Group, whose
price reflects the anticipated scope of work as set
forth by the bid specifications.
The bid specifications did require that an itemized
cost be provided for the different tasks for soil
boring, sampling, personnel, laboratory costs, and
reports. Evaluation of their proposed services and
itemized costs were fair and competitive as compared to
the other two bids received and as determined from past
experience from the soil cleanup at the Central Garage.
Because they have eliminated laboratory costs from
their contract price, the total lump sum for consulting
costs including laboratory costs would be S3,175.
RECOMMENDED ACTION
Move to award the bid proposal for Environmental
Consulting for a limited Contaminated Assessment
Report for Washington Street to Viro Group for
S3,175 and direct staff to prepare contract documents
for execution.
Mr. Oberbeck
Mrs. Corum
Mrs. Damp
Mr. Freeland
Mayor Powell
Mrs. Corum
~S. Damp
~. Freeland
Mayor Powell
~. Oberbeck
ITEM NO.
ROLL CALL
Mrs. Damp
Mr. Freeland
Mayor Powell
Mr. Oberbeck
Mrs. Corum
ROLL CALL 4
Mr. Freeland
Mayor Powell
Mr. Oberbeck
Mrs. Corum
Mrs. Damp
ITEM NO. :
ROLL CALL
Mayor Powell
Mr. Oberbeck
Mrs. Corum
Mrs. Damp
Mr. Freeland
ROLL CALL
Mr. Oberbeck
Mrs. Corum
Mrs. Damp
Mr. Freeland
Mayor Powell
RoLL c_AAL~
Mrs. Corum
Mrs. Damp
Mr. Freeland
Mayor Powell
Mr. Oberbeck
ITEM NO.
Mrs. Damp
Mr. Freeland
Mayor Powell
Mr. Oberbeck
Mrs. Corum
ITEM NO.
ROLL CALL 4
Mr. Freeland
Mayor Powell
Mr. Oberbeck
Mrs. Corum
Mrs. Damp
ITEM NO.
ROLL CALL
Mr. Oberbeck
Mrs. Corum
Mrs. Damp
Mr. Freeland
Mayor Powell
ITEM NO.
ROLL CALL
Mrs. Corum
Mrs. Damp
Mr. Freeland
Mayor Powell
Mr. Oberbeck
ITEM NO.
ROLL C;tLL ~
Mrs. Damp
Mr. Freeland
Mayor Powell
Mr. Oberbeck
Mrs. Corum
ITEM NO.
ROLL CALL 4
Mr. Freeland
Mayor Powell
Mr. Oberbeck
Mrs. Corum
Mrs. Damp
iTEM NO.
ROLL CALL
Mayor Powell
Mr. Oberbeck
Mrs. Corum
Mrs. Damp
Mr. Freeland
ITEM NO.
ROLL CALL
Mayor Powell
Mr. Oberbeck
Mrs. Corum
Mrs. Damp
Mr. Freeland
April 27, 1993
Mayor Lonnie Powell
Sebastian City Hall
1225 Main Street
Sebastian, F1 32958
Dear Mayor Powell:
As Sebastian residents, let it be known, we strongly object to the proposed
tennis complex at "tract D".
Area home owners bought homes in good faith being told the above parcel of land
was "Greenbelted", to remain as parklike setting. We read a restricted covenant
provision, which came with the deeds of our property. Each of us moved to
Sebastian and choose the lots we did, for the beauty, natural habitat and
wildlife. Each of us envisioned, this tract of land would stay natural for a
wildlife habitat or a passive park to walk and enjoy nature.
Never, did we think the City of Sebastian would deface this property to put
cement, bright lights, not to mention the noise in our beautiful area. An area
filled with quite, mostly retired residents.
Understand, we are not opposing a tennis complex placed in an appropriate
location. We just donVt feel "tract D" is the appropriate place.
Have you seen the Schumann Park tennis and racquetball courts lately? They are
ran down, unkept and definitely in need of a fresh look. Why not expand this
area? I understand from the local police this mrea also attracts a certain
undesirable element, which they constantly have to contend with! No Thank You!!!
I like tennis, but why not put this proposed tennis at the Barber Street Sport
Complex where it belongs! Why designate an area, as Sport Complex and not put
Sports there. A parcel of land was acquired though GDC across from the Creative
Playground, which would be ideal for tennis courts. Parent could play Tennis
while their children played nearby.
I would have to question the wisdom of putting anything on "tract D" which would
create a high volume of traffic. The road has a very sharp curve which would be
very dangerous and hazardous.
As elected officials, we asks you to protect the resident of "tract D".
Any person who would like to do business from their lot, must apply for a permit
from the City of Sebastian and obtain permission from their neighbors. We ask
the City do the same, as this property is public and we our your neighbors. We
want a say in what directly affects our neighborhood, our way of life and the
value of our property. We say NO to a the proposed tennis complex at "tract
D"and have a petition to prove it!
We have been told the next City Council agenda does not contain any discussion mm
on this parcel of land or the proposed tennis. When this matter is placed on
City Council agenda, we would request notification.
Sincerely,
The Residents of "Tract D"
Jan Beach
Thim Beach
Andy Cortez
Ava Cortez
Brenda Davidson
Bill Davidson
Warren Dee
Lena Perone
Ralph Perone
Janet True×
Dennis Truex
Pmt Smith
Terry Smith
Petition Attached
City of Sebastian
POST OFFICE BOX 780127 ¢3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
May 4, 1993
Mr. & Mrs. Thim Beach
133 Acorn Terrace
Sebastian, FL 32958
Dear Mr. & Mrs. Beach:
This is in repsonse to your letter of APril 27, 1993 addressed
to Mayor Lonnie R. Powell. We sincerely appreciate your concerns
and fears about a proposed tennis - raquetball complex on Tract
"D" which is surrounded by Barber Street, Acorn Terrace and Adams
Street. I will attempt to respond to each concern raised in your
letter.
We are unaware of any promises or commitments that this area was
to be "Greenbelted". The City received title to this property
approximately one (1) year ago and the seller, General
Development Corporation, would have been required by law to
disclose any such restriction on the property. Further, we have
reviewed the restrictive covenants mentioned in both your letter
and the petition and find no restrictions on this tract what-so-
ever.
Your neighborhood is not unlike most areas of the Sebastian
Highlands and I can assure you that the City of Sebastian would
not "deface this property". Further, I believe that Tract "D"
is an appropriate place for such a complex. The site is located
on Barber Street and could be easily found by citizens without
having to travel through the interior of the Highlands. Further,
tennis and racquetball are passive sports and are not, as a
rule, sporting events which will draw spectators. The traffic
volume on such a complex would be extremely low.
There can be little comparison between the proposed tennis
complex and Schumann Park. Most of your fears and concerns
expressed about Schumann Park are more indicative of the
surroUnding area, much of which is zoned for duplex housing.
Also, a lot of the single family housing in the Schumann Park
area is not owner occupied. Additionally, Schumann Park will
continue to be used to support the youth football and soccer
programs, which will undoubtedly grow as our community continues
to increase in population. ~. ~~
.
Your suggestion that the proposed tennis - raquet ball complex be
placed at the Barber Street Sports Complex is an idea that the
City has looked at closely. Barber Street Sports Complex and the
adjacent 7.3 acre tract at Barber and Tulip is designed for youth
oriented sports activities and will generate considerable traffic
and spectators. However, I point out that the residential area
to the South, West, and North of the Barber Street Sports Complex
is an area filled with quiet, mostly retired residents, similar
to your neighborhood.
I agree that the development of Tract "D" should not include
anything with high traffic volume. The proposed tennis -
racquetball complex would generate, a very low ~olume of traffic.
The curve at Barber Street at this location ~s the reason the
entrance to the tennis complex would be off of Adams Street.
The City of Sebastian--is committed to obtaining- necessary
approvals and permits in exactly the same manner as any private
property owner or developer. As with any site plan, the City's
Planning and Zoning Commission would conduct a public hearing on
the development of this site.
I want to point out that the only plan that has been drawn to
date is a conceptual plan. The plan will include a very thick
tree and vegetative buffer in the twenty-five (25) foot set ba~k.
The proposed tennis-racquetball complex is very similar in size
and design as those found in John's Island and Windsor. Further,
the tennis court design, unlike Schumann Park, will include a
twenty-five (25) foot vegetative landscape buffer, the tennis
courts will be completely fenced and locked and secured, and,
ultimately, the site will be staffed. It is our intentlo~ to be
good neighbors with any property we develop. At this point, we
have only developed a conceptual plan for this site. Our
improvement funds for Park Projects will be concentrated on the
Barber Street Sports Complex in fiscal year 1993 and completed in
fiscal year 1994. In fiscal year 1995, we hope to begin
development of the 7.3 acre tract at Barber and Tulip. This
project may require two (2) years in development which ~eans that
the
tennis
raquetball complex may not begin until fiscal year
1997. As you can see, there is considerable planning and lead
time in a project such as this.
For your i~formation, Mrs. Jan Beach has requested to address the
City Council at its Regular Meeting of May 12, 1993. This is a
p~blic meeting and you are welcome to attend and to speak to the
City Council if you wish.
Again, thank you for your letter. Should you need additional
information or have further concerns at this time, please do not
hesitate to contact us. .
Sincerely,
City Manager
RSM/jmt
cc: Lonnie R. Powell, Mayor and Sebastian City Council
This letter will confirm, the neighbors of Tract D, do intend to address the City
Council on May 12 1993
So, the City Council has the right to develop or not to develop tract d--land
owned by the City of Sebastian--land where we are a residents, registered voters,
and tax payers. Elected officials are suppose to be the voice of the people, not
to the people. Once again, we are saying NO to the "conceptual tennis complex"
at tract D.
We have listed below, the format and subject matter to be discussed for your
review. We hope this advanced packet, will serve, to better familiarize you with
our rationale concerns.
According to The City of Sebastian Comprehensive Plan books;
1. Inventory of Recreation and Open Space (page 7-8) Table VII-2 Acorn Park
(Tract D) is listed as "Future" Neighborhood Park/Special facility. Activities
would be provided in Passive NATURAL Open Space.
Table VIII-5 Level of Service Standards for Recreation Sites describes
facilities for sites. Keeping in mind Neighborhood Park are described as
Passive/Natural Open Space. WE could have a picnic area, open free play area
walking/jogging trail or landscaping. Nothing else on the list is Passive
Natural Open Space.
(Community Parks are specifically defined to include Tennis Courts not
Neighborhood Parks).
Data Inventory and Analysis (page 7-15) sets Standards of Tennis Courts. As
a special facility, tennis courts needs are 1 court/4000. Current census
shows 10,000 people in Sebastian thus needed would be 2.5 courts/10,000.
Goals Objectives and Policy (page 7-6) Policy 7-1.5.1 discuss Joint School-
Park Concept. Why no build courts at Sebastian Elementary School. Tract F
is available and is not in an existing residential neighborhood.
Other suggested sites would be;
Tract N-Schumman Park
Mr.Votapka pointed out at the Home Owners Association it was less costly to
buy GCU's water plant than to build a new one. This same logic can be
applied to tennis courts.
T,~q~5~..5_5a) Bryant Ct/Nebraska'~ems to be.~:~z~-~ '~f-~le
wh~'ight be more ' ' lex. One side of this tract
re~d. Why no~?_.~ ~is ir~ o{~. ' ' ut?
Goals Objectives and Policy (page) 7-4 Policy 7-1.1.6 ~equires adequate
lmndscaping and screening to protect stability of established residentiml
a~ea and enhance community appearance. The neighbors here want m natural park
to wmlk or jog to enhmnce community appearance. Not m tennis court they
would not use. We live here mhd this would disrupt our quality of life and
not ou~ ideal of enhmnced appearance. Remember bemuty is in the eyes of the
beholde~ and we would have to go to bed and wake up to cement and light every
day~
Questions:
Why put a complex in a neighborhood where it is not wanted?
How many of the tennis players want the courts at Barber Complex?
(Keep in mind our democratic system)
How many players are residents of Sebastian?
Are the tax payers, paying for Brevar~ County Residents to play tennis?
Will City of Sebastimn be responsible for auto accidents related to the
entrance and exit of this facility?
If the market value of our homes depreciates from the Tennis Complex will the
City reimburse us?
If this tennis complex goes in would you like to rent a house? Gee, it
starting to sound like Schumman area, huh?
Would a good neighbor continue with plans knowing the other neighbor strongly
opposed their plans?
Sincerely,
Concerned residents of "Tract D"