HomeMy WebLinkAbout07061994 .City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, JULY 6, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
"1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the City Council with respect to agenda items immediately prior to
deliberation of the item by the City Council if they have signed the sign-up sheet provided prior
to the meeting - limit often minutes per speaker (R-93-19)
Introduction of New Business from the Public shall not be allowed at City Council
14brkshops (R-93-19).
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
ANNOUNCEMENTS
94.100 A. City Clerk Announcement (No Backup)
94. 181
PGS 1-12
94.182/
93.010
PGS 13-14
94.073
PGS 15-28
94.183
PGS 29-33
94.184
PGS 35-67
94.185
PGS 69-70
94.186
PGS 71-73
94.187
PGS 75-78
6. WORKSHOP ITEMS
94.188
e
Health Insurance (Personnel Director Transmittal
dated 6/21/94, Personnel Director Memo dated
6/13/94, Comparison Charts)
Indian River Drive Riverfront Area (City Manager
Transmittal dated 6/30/94)
Proposed Resolution No. R-94-25 - Vickers Grove
Sandmining Special Use Permit (Director of
Community Development Transmittal dated 6/30/94,
R-94-25, Dill Letter dated 5/24/94, Torpy 'Letter
dated 6/22/94)
Planning and Zoning Commission Recommendation Re:
Setbacks for Corner Lots (Director of Community
Development Transmittal dated 6/9/94, P & Z Memo
dated 6/9/94, Map, Excerpt LDC)
Statewide Mutual Aid Agreement (city Manager
Transmittal dated 6/27/94, Wright Letter dated
6/20/94, DCA Memo dated 5/2/94, Agreement)
Bailey Drive Boat Ramp - Hours of Operation (City
Clerk Transmittal dated 6/28/94, Sec. 74-1)
Indian River County Parks and Recreation
Committee - Alternate Member (City Clerk
Transmittal dated 6/29/94, IRC P & R Membership
List, Galley Memo dated 12/7/93)
H. Proposed Resolution No. R-94-37 - Casino Gambling
(City Manager Transmittal dated 6/28/94, R-94-37)
CiTY COUNCIL MATTERS
A. Vice-Mayor Carolyn Corum
B. Mrs. Norma Damp
C. Mr. Robert Freeland
D. Mr. Frank Oberbeck
Discuss Building Permit Fee Waivers (No
Backup)
E. Mayor Arthur Firtion
2
9.
10.
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
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.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
!
SUBJECT
I HEALTH ~INSURANCE
APPROVED FOR SUBMITTAL BY:
Dept. Origin Personnel'"~
Date Submitted 06/21/94
For Agenda Of ~,L07~LQ6/94
.city
Manager
EXPENDITURE
REQUIRED: $305,000*
COST: $&72,477
Exhibits= ATTACHED CHARTS,
0UESTIONNAIRES,
COMPARISONS AND
MEMO DATED 6/13
APPROPRIATION
REQUIRED: $305,000*
SUMMARY STATEMENT
Attached is information concerning the Health Insurance Requests
I for Proposals (RFPs) that were received and reviewed by the City's
Health Insurance Committee. The Committee recommends that the City
pursue a fully insured health insurance plan and our recommendation
I is Blue Cross/Blue Shield of Florida. Blue Cross/Blue Shield is a
stable firm that has many advantages over other responders such as:
~ ~' L~ng term firm in Florida;
] F~nancially stable firm, rated A+ in A.M. Best Company's
~ insurance rating;
3. Good PPO network in Indian River County and in the State
I of Florida;
__
4. Company has good name recognition so employees will feel
less threatened by changing health insurance providers;
Several local businesses provide Blue Cross/Blue Shield
health insurance benefits for their employees, such as
Dodgertown, John's Island, Doctor's Clinic, City of Veto
Beach, Publix, Indian River Community College, etc.
Blue Cross/Blue Shield has indicated a strong desire to work with
us to keep costs down. Also, because of their presence in Indian
River County can maintain group discounts through the use of their
PPO network.
m/
a~COt, e~A~ZOe . . .
Provide the City's Health Insurance Committee w~th d~rect~on
r~garding the ~ids for health-insurance. If there is consensus
wLth the Committee's ~ecommendations approving a contract for
health insurance benefits between the City of Sebastian and Blue
Cross/Blue Shield, ~lrect s~aff to place this item on the Agenda of
the July 13th Council Meeting.
* pro imate figure
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
INTER-OFFICE MEMORANDUM
I TO: JOEL KOFORD
PERSONNEL DZRECTOR
DATE:
JUNE 13, 1994
RFP -- HEALTH INSURANCE
'The Health Insurance Committee has reviewed all the RFPs that were
submitted to the Cit~ prior to May 19th. A total of 17 RFPs were
received. Out of that number, four were submitted for Life
Insurance only and two were submitted for Dental only. The
Committee decided to review health insurance RFPs due to time
restraints and because our largest financial costs involve health
insurance premiums.
I A few of the responders submitted more than one benefits option in
their proposals. The Committee had asked for, and wanted to
maintain the benefits that are currently offered to City employees,
so proposals that significantly deviatedfrom current benefits were
Inot reviewed in detail. The Committee had also asked for fully
insured bids, but did review two of the self-insured bids submitted
- one from our current health care administrator, McCrear~ and one
I from our previous health care administrator, the Florida of
League
Cities. The Committee did not review any of the other self-insured
bids that were submitted.
The Committee selected five (5) RFPs to review in more detail.
The~ were: Florida Municipal Health Trust Fund submitted by the
Florida League of Cities (self insured pool); McCrea.ry Corporation
(renewal contract, self insured); Blue Cross/Blue ShLeld submitted
by The McCall Agency; Anthem submitted by McCrear~ Corporation and
John Alden Life Insurance also submitted by McCreary Corporation.
_
TheSe five were selected for the following reasons.
I 1. the~ submitted proposals for the majority of benefits
we
had asked for;
2. the Company and/or the claims office are located in Florida;
I and
3. a PPO network existed.
. !
The Committee met with representatives of each of the five bids and
asked questions to obtain additional information. After meeting
with the~epresentatives, the Committee members individually ranked
the ~FP bads and recommended the following:
FULLY INSURED
1. Blue Cross/Blue Shield. The Committee recommends this RFP as
our number one choice for.fully insured for the following reasons:
-Stable, well-establashed company providing health insurance;
-~ood PPO network in Indian River County;
-Excellen~ reference from users of service; ~
-cOmpany as financially strong and has been in business with
the same name for many years;
-Premiums fairly stable from other companies using their
services.
John Alden. This is our second choice for fully insured.
-~ood county-wide PPO providers (same as we currently have);
-Company is well known and financially stable;
-References are pleased with the services provided by
John Alden and Anchor Benefits Consulting, Inc. (the third
party administrator.)
3. Anthem. The Committee cannot recommend this fully-insured bid ~
because we felt the dependent premiums were too high and the
benefits package did not offer anything significant over what we
currently offer. J
SELF INSURED
4. Florida Municipal Health Trust. If the City decides to remain
in a self-insured program, we recommend the F~orida League of
Cities. I
Pros:
-City was in this program for 14 years and is familiar
with the services; ~
-High level of comfort with employees "returning" to
·
former provider, whom most were happy with;
-References indicate that Cities using their service are ~
satisfied;
-Premium rates are very good for employee and family
Cons: coverage.
-No utilization review;
-Some question about stability of League
-Leaves City in same problem as now, City must pay all
claims;
-City cannot adequately budget health care costs when
they cannot determine what the costs will be from month
to month. ..
5. NcCrea~ Corporat£on. The Committee cannot recommend this
self-insured bid because of three problems: 1. employee and
family premiums are too hi~h; 2. the City will still have the same
problem w~th a lack of ability to adequately budget health care
costs~ and 3. the City must pay additional money when health care
claims spiral, from month to month~
The Committee feels that Blue ross/Blue Shield is the most
attractive bid. because of its. stabil£ty;, its large PPO network; its
prem~u?rates many users Indian River
moderate
~nd
satLsf£ed
in
County. This Ks a health insurance company the City can be in
business with for many years to come. The biggest drawback is the
price for family coverage, which would mean some employees ceuld
not afford to continue family coverage. If the Council is
concerned strictly with price and is willing to take a risk again
in the self insured field, the Florida Nun£c£pal Health Trust
submitted an almost too low bid, and we would strongly urge you and
the Council to budget well over the $166.00 a month per employee
premium quoted in their bid.
Attached is a comparison sheet o£ prices and benefits for your
review. If you have any questions, please do not hesitate to
contact me or any member of the Committee.
ENCL.
CC: Health Committee Insurance Members
I
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City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
AGENDA TRANS .M_ !TTAL
SUBJECT: Indian River Drive
River Front Area
Approval For Submittal By:
City Manager~ ~
)
)
)
)
)
)
)
)
)
)
AGENDA NO.
Dept. Origin: Joel L. Koford
City Manager
Date Submitted: 6//30/94
For Agenda Of: 7/06/94
Exhibits: -
EXPENDITURE AMOUNT APPROPRIATION
I REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY
Discuss the various alternatives for the City regarding developing the Indian River Drive
river front area.
There are currently three (3) methods available by local legislation:
(1)
(2)
These are
Creation of a Community Redevelopme~n~t A_~_encff as provided
within FS 163.356, or L~o /oo~ ~~.~fut~
Creation of a Special District, either dependent or independent of the
City Council as provided under the provisions ofFS 189.404 (4), or
(3) Creation of a Community Development District as provided within the
provisions of FS 190.005 (2).
There are specific advantages and disadvantages for each, and the major points for each will
be discussed in detail.
RECOMMENDATION
! recommend the last approach and create a Community Development District with specific
functions and sunset provisions. The District could be titled - The "Sebastian River Front
Development District", and would be bounded on the north and south by the current City
limits, bounded on the east by the eastern City limits and the west by the western boundary
of the railroad fight-of-way.
We would/aave to loan the initial funding (administrative costs), and allow the District to
utilize space in the "Teen Center". After the Utilities relocates back to City Hall, we could
move the Chamber of Commerce into the "Teen Center" with the District office.
.City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 329,58
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT: RESOLUTION R-94-25
REGARDING SPECIAL USE PERMIT FOR
VICKERS SAND MINE
Approval for Submittal By:
City Manager
,
) Agenda Number: ~.~
)
) Dept. Origin: Community Development
)
) Date Submitted: 06/30Z94.
)
) For Agenda Of: 07./0~94
)
) Exhibits:
) 1. Resolution R-94-25
)2.
)
)3.
)
(BC~
Letter dated 5/24/94 from
Warren Dill
Letter dated 6/22/94 from Richard
Torpy
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
N/A N/A N/A
SUMMARY STATEMENT
At its regular meeting of March 16, 1994 the City Council approved the City
Attorney to draft a resolution for the approval of Vickers Grove Sand Mining
expansion.
Attached is the proposed resolution R-94-25, which provides for the approval
of the sand mine expansion.
The applicant's attorney, Warren Dill, has reviewed the proposed draft and ii:
requesting revisions to Section 2 A of the resolution. Mr. Torpy has
reviewed Mr. Dill's proposed amendment and would request the City Council's:
clarification regarding this matter before any changes are made to the
resolution.
Specifically, Section 2, Paragraph A currently states in the draft,
"Compliance with the provisions of all existing and future applicable federal
and Florida Statutes, rules and regulations, county ordinances and th~:
ordinances and resolutions of the City of Sebastian, including, but not by'
way of limitation, Sections 20A-5.19 and 20A-5.37, inclusive, of the Land
Development Code."
Page 2
Mr. Dill would like to have this section read as follows, "Compliance wit~
Sections 20A-5.19 and 20A-5.37 inclusive, of the Land Developmen
Regulations."
Mr. Dill has a concern regarding the existing language that would allow th~
City Council in the future to amend the Land Development Code to prohibit
restrict further than the existing codes today and place an undue burden
his client.
RECOMMENDED ACTION
Review Resolution R-94-25 and direct the City Attorney accordingly.
upo
RESOLUTION NO. '~ R-94-25
A R~SOLUTION OF THE CITY OF SEBASTIAN, INDIAN I~IVER
COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL
USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS
PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND
APPROXIMAT~.T.Y 30.2 ACRES IN SIZE, LOCATED IN SECTION 17,
TOWNSHIP 31 SOUTH, RANGE 39 EAST, CiTY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE
WITH THE REQUIREMENTS OP THE LAND DEVELOPMENT CODE OF THE
CITY OF S~BASTIAN; PROVIDING FOR THE IMPOSITION OF
CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PEP. MIT;'
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREA~, Henry A. Fischer & Sons, Inc., a Florida
corporation, (~he Applicant") has applied for the issuance of a
special use permit for the mining
of
sand
and
soil
nateriais
from
a tract of land he owns located in the City of Sebastian, Indian
River County, Flor.ida; and
WHBRBAB, the Applicant has participated in various pre-
applica~ion discussions with appropriate members of the City staff;
and
NH~R~A~, the Applicant has obtained a permit from the St.
Johns River Water Management Distrzct to operate the mine as
requested in his application; and
NHER~, the City staff has determined that the Applicant's
application for a special use permit should be approved subject to
certain conditions; and
WKERF,]IS, the Planning and Zoning Commission conducted a public
received public input on the Applicant's application
hearing
and
for the granting of a special use permi% for the mining of sand and
soil materials from a tract
of land the Applicant owns lo.cared in I
the City of Sebastian; and
N~B~F~, at its regular meetinq on February 3, 1994, the ~
Planning .and Zoning Commission recommended approval of the i
Applicant's request for the granting of a special use permit for
the mining of sand and soil materials from a tract of land the
Applicant own~ located in the City of Sebastian; and ~
NHER~%~, the City Council has considered the recommendations
and comments of the Planning and Zoning Commission and the City I
staff; and
WHaRfS, the City Council has conducted a public hearing after
compliance with the provisions of Section 20A-2.6 D of the Land
Development Cods of the City of Sebastian to afford the input of
comments and evidence from all interested persons, citizens and
affected persons; and
W~E~%S, the City Council has determined ~hat the granting of
the special use permit'to the Applicant will not be detrimental to
_
the public safety, health or welfare or be injurious to other
or improvements within the immediate vicinity in which
properties
the Applicant's property that is the subject of the special use
permit is located; and
WHEREkB, the City Council has determined that the use
requested by the Applicant, the mining of sand and soil materials,
is consistent with the purpose and intent of the zoning district
where the Applicant's property that is the subject of the special
use permit is located and is similar in nature and compatible with
%he uses allowed in that zoning district.
NON~ THEREFORE, BE IT ~0LVED BY THE CITY COUNCIL OF THE CITY
OF BEBASTZAN, I~DI~N ~i~ COUNT~ FLO~iDA~ that:
I ~ SPBCIAL USB PERMIT. S u b J e c t t o t h e
requirements and conditions contained in this Resolution, the
I application for the issuance of a special issue permit for the
mining of sand and soil materials submitted by Henry A. Fischer
Sons, Inc., a Florida- corporation,--Ks granted, for the. real
property it owns located in Section 17, Township 31 South, Range 39
East, in Indian 'RAver county, Florida, being more particularly
described as follows=
A parcel of land lying in Section 17, Township ~1 South, Range
I 39 East, being more particularly described as follows:
Beginning at the Southwest corner of said Section 17, run
i North 89' 35' 01" East, 2645.51 feet ~o a point of curvature of a
Icurve concave Southwesterly, having a radius of 260.00 feet'through
which a radial line bears North 75° 05' 14" East; thence run
I Northwesterly 342.77 feet along the arc of said curve through a
central angle 75° 30' 13"; thence South 89° 35' 01" West, 275.39
I feet; thence North 00° 24' 59~ West, 60.00 feet to the Point of
IBeginning. From the Point of Beginning, run South 89° 35' 01"
West, 186.53 feet; thence North 21" 48' 43" West, 1483.14 fee~ to
I a point of curvature of a curve concave Southeasterly having a
radius of 80.00 feet; thence run Northeasterly 125.66 feet along
the arc of said curve through a central angle of 90° 00' 00";
thence North 68- 11' 17" East, 170.00 feet; thence Sou~h 21° 48~
43" East, 1435.00 feet to a point of curvature concave Westerly,
_
having a radius of 370.00 feet, thence run Southerly 138.17 feet
along the arc of said curve~hrough a cen=ral angle of 21° 23' 44";
thence South 00° 24' 59" East, 50.53 feet to a point of curvature
of a curve concave Northwesterly, having a radtul of 25.00 feet;
thence run Southerly 39.27 feet along the arc of said curve,:
~hrough a central angle of 90° 00' 00" to the Point of Beginning.
AND ALSO
A parcel of land lying in Section 17,
39. East, Indian River County, Florida,
!
Township 31 South, Range
being more particularly I
described as follows:
Beginning at =he Southwest corner of said Section 17, run
North 89· 35' 01" East, 112.00 feet~ thence North 00~ 09' 07" ~ast,
50.00 feet; thence North 89~ 35' 01" East, 442.00 feet to the POINT
OF BEGINNING. From the P.O.B., run North 00' 09~ 07" East, 25o.00
feet to a po£nt of curvature concave Northeasterly having a radius _
of 50.00 feet through which a radial lzne bears North 89° 35 ' 01"
East; =hence run Easterly 79.04 feet along the arc of said curve I
through a central angle of 90· 34' 06"; thence North 89~ 35' 01"
East, 745.01 feet ~o a point on a non-radial curve, concave I
Southeasterly, having a radius of 90.00 feet and through which a
radial line bears North O0° 2~' 59" West; thence run Southwesterly
91.09 feet along the arc of said curve through a central angle of
57~ 59' 26"; thence South 31° 35' 35" We~t, 191.88 feet; thence
South 89~ 35' 01" West, 619.52 feet to the POINT OF BEGINNING.
All the above situate in Indian River county,
Florida and
containing 12.3 acree, more or-less.
A parcel of land lying in section 17, Township 31 South, Range
39 East, Indian River County, Florida, being more particularly
described as follows:
i Beginning at the
North 89' 35' 01~' East,
Southwest corner of said section 17, run~
112.00 feet; thence North 00' 09' 07" East,
50.00 feet to,he POINT OF BEGINNING. From the Point of Beginning,
continue North 00° 09' 07" East, 1775.55 feet; thence south 89' 35'
01" west, 361.39 feet to a point of curvature concave Southwesterly
having a radius of 80.00 feet; thence run Southerly 124.87 feet
along the arc of said curve through a central angle of 89' 25' $4";
thence Sou~h 00' 09' 07" West, 1689.25 feet; thence South 89' 35'
01" west, 442.00 feet to the Poin~ of Beginning..
All the above situate in Indian River County, Florida and
I containing 17.9 acres, more or less.
~ CONDITION~ OF AppRoVAL ANDCONTINUATION OF THE
i SPECIAL USE PERMIT. The approval of the City Council of the
i application of Henry A. Fischer & Sons, Inc. for the special use
permit tha~ is the subject matter of this Resolution is expressly
I conditioned on the continuous satisfaction of, .
~he following requirements by Henry A. Fischer & s~ns, Inc..
I A. Compliance with the provision~ of all ex~ting and
future applicable federal and Floridastatutes, rules and
regulations, county ordinances and the ordinances and
I resolutions of the City of Sebastiant including, ~t not
by way of limitation, Sections 20A 5.19 and 20A 5.37,
inclusive, of the Land Development Code.
and compliance with,
B. The providing of compliance and restoration bonds for
the operation contemplated in the revised plans of the
Applicant payable to the City of Sebastian in a form, and
for such amounts, acceptable to th~_City, in accordance
with the provisions of Section 20A 5.30(e) of the Land
Development Code.
C. 'The providing of Type A or natural landscaping
buffer/screening in accordance with the Land Development
Code.
D. The revision of the plans initially proposed by the
Applicant in a form.and s~u~tance acceptable to the City
as provided in Sectaon 20A 5.29 of the Land Development
Code.
E. The revision of the plans initially proposed by the
Applicant ina form and substance which indicate ~hat ~he
project is to be conducted in two phases in compliance
with 20A-5.30(o)(1) of the Land Development Code.
¥. The operation of ~he sandmining project on Saturdays
shall only occur between the hours of 7:00 a.m. and 5:00
p.m., but such .Saturday operations shall immediately
cease if at anytime after the passage of this Resolution,
the City Council, in its sole discretion, de~ermines that
Saturday operations constitute a .nuisance to the
neighborhood (surrounding properties)
CONFLICT. All resolutions or parts of
resolutions in conflict herewith.
~ IBVERABZLITY. 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 invalld or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution
provision, thereby
without said invalid and unconstitutional
causing said remainder to remain in full force
and effect.
Section S. iFF2CT~V~ D~TE,
effect immediately upon f£nal passage.
This Resolution shall ~ake
The foregoing. Resolution was moved for adoption by Council
Member .
Council Member
vote, the~vote wee as follows:
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Council Member Norma J. Damp
Cou~ci~ M~mber Robert Freeland
Council Member Frank Oberbeck
The motion was seconded by
and, upon being put =o a
The Mayor thereupon declared this Resolution duly passed and
adopted this __ day of , 1994.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Firti°n, Mayor
Ka=hryn M.
City Clerk
(SEAL)
O'Nalloran, CHC/AAE
I HEREBY CERTIFY that notice of public hearing on this
Resolution was published in ~he Veto Beach Press Journal as
required by Section 20A-2.6 D.1 of the Land Development Code of the
City of Sebastian, Florida, that one public hearing was held on
this Resolution a~ 7=00 p.m. on ~he day of ,
1994, and that following said public hearing..this Resolution was
passed by ~he City Council.
7
Ka~hryn M. O'~&lloran, CMC/AA~;
City Clerk
&pp~oved as to ¥or~ and Conten~: I
charles Ian Nash,
Drrm, P. A.
ATfOF, NL~Y-AT- LAW
May 24, 1994
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
122.5 Main Street
Sebastian, FL 32958
re:
Proposed Resolution R-9~-25
Special Use Permit for Vicker,s Sand
Mine
BY FACSIMILE THIS DATE
Dear Bruce:
After reviewing the above referenced Re.wlufion, i have thc following commcnts:
Revised legal dc~criptiom have been submitted to you by Randy Mosby.
In Section 1, the word ~use" h mhspelled.
Section 2.
The majority of this subparagraph is beyond the scope of the motion by the
City Council. I believe that it should read:
"Compliance with Sections 20A-5.19
and 20A-5.37 indu.~e, of the Land
Development Regulations.'
The first two l/nes are c~nsistcnt with thc City Council's motion, thc
remainder was not part of the motion; however, someth/ng could be added
consistent with 20A-$.30(d)l(2) likc:
"unless the City Council determines at
a public hearing thai Saturday mining
operations are constitut/-g a nuisance
to the neighborhood."
Page 1
Ma~ 24~ ~994
Please advise at which City Council meeting this Resolution will be considered.
Thank you for allowing mc th~ opportunity to r~i~w thc proposed Resolution.
V=ry m~ly yours,
Warren W. Dill
Dr. Henry A. Fischer
Henry A. Fischer & Sons, Inc,
FRESE, i ASH & ToRPY, P.A.
.~TTORNEY~ AT LAW
Wm~u~ A. GRX~
o~- CoUr~SEL
Cms B.?E~s
OF COUNt~E~
930 $. HARBOR CITY 3~LVD.
StaTE 505
1VIELBOURN~, FLO~JDA32901
~407~ 98~3300
F~X ~07~ 951-3741
* BOA~ CERTIFIED ~ C~L T~L LAW
June 22, 1994
Mr. BruCe Cooper
Director of Community Development
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re:
Proposed Resolution R-94-25 Special Use Permit for
Vicker's Sand Mine
Our File No. 882489.2558
Dear Bruce:
In preparing the revisions to Resolution R-94-25, I discussed the
content of Mr. Dill's letter with him. The language changes he
wants in the resolution are very significant. I believe he and I
have come to an agreement with regard to paragraph F. As a result,
I will not be changing the language of the resolution as requested
by Mr. Dill.
The requested changes to paragraph A, however, presents some very
substantial issues. Specifically, Mr. Dill wants us to remove
language requiring compliance with "future" applicable Federal
Florida Statute rules and regulations, County ordinances and the
ordinances and ~-esOlutions of the City of,Sebastian. Ilis'-co~ent
to me was that he was afraid that this .language would be used to
force them to change the method of their operation in the future'if
the City of Sebastian decides to change their code. I understand
his concern with this requirement, however, I am unclear what City
Council's intent was when this resolution was adopted. It may be
necessary for us to be bring this matter back before Council for
clarification.
I suggest you discuss this issue with Mr. Koford and then place
this item back on Council agenda for discussion in order to come up
with acceptable language to all parties involved.
Mr. Bruce Cooper
Director of Community Development
June 22, 1994
Page -2-
I will not be taking any further action on this resolution until I
hear from you.
RET/lb
cc:
Joel Koford, City Manager
Sincerely,
FRESE, NASH & TORPY, P.A.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-'5330 n FAX (407) 589-5570
SUBJECT: RECOMMENDATION FROM
PLANNING & ZONING REGARDING
SETBACKS FOR CORNER LOTS
Approval For Submittal By:
City Manager
) Agenda Number:
)
) Dept. Origin: Community ,gyelopment
)
) Date Submitted: 06/09/94
)
) For Agenda Of:
)
) Exhibits:
) 1. Memo dated 6/9/94
) 2. Diagram
) 3. Section 20A-5.5(B)(2)
)
07/Q6./94 , ,,
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
N/A N/A N/A
SUMMARY STATEMENT
At its regular meeting of May 5, 1994, the Planning and Zoning Commission:
reviewed a proposal to allow certain corner lots within the RS-10 zone t¢
reduce the secondary front yard setback for buildings. Currently, the Lanf
Development Code requires a 25 foot front yard setback on all front yards.
Specifically, when two corner lots abut each other, their common front yarc.
setback can be reduced to 15 feet instead of the 25 foot setback that i&
normally required. Attached is a copy of a typical Sebastian Highlands
Subdivision indicating various lots and blocks. As an example, Lots 1 & 16
of Block 99 and Block 100 would be permitted to have a 15 foot front yar6
setback on wimbrow Drive. The front yard setback on Wimbrow Drive for Lots
1 and 18 of Block 63 would be 25 feet.
Page 2
After their review of the proposal, the Planning and Zoning Commission
approved a recommendation to the City' Council to amend Section 20A-5.5(B)(2 ~
to add the following paragraph:
When two corner lots abut each other, the two common front yards
shall be considered a secondary front yard (regardless of the front I
of the house) for building setbacks. A secondary front yard
setback within the RS-10 zone shall be a minimum of 15 feet.
RECOMMENDED ACTION
Move to approve the City Attorney to draft an ordinance to reduce thai
secondary front yard setback on certain corner lots.
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [:] FAX (407) 589-5570
TO:
FROM:
DATE:
MEMORANDUM
Mayor and City Council
Suzi Holmes m~..'~
· Secretary
Planning and Zoning Co "sslon
June 9, 1994
RE:
Amendment to Section 20A-5.5
Regarding corner lots
At their regular meeting of May 5, 1994, the Planning and
Zoning Commission suggested to City Council to incorporate
into the Land Development Code the following new paragraph
(Section 20A-5.5 (B)(2):
When two corner lots abut each other, the two common front
yards shall be considered a secondary front yard (r~.gardless
of the front of the house) for buildinq setbacks. A
secondary front yard setback within the RS-10 zone shall beta
minimum of 15 feet.
:sh
19 18 17 I~
10 il 12 13 14
,~ 19
~ · 20
4~ 21
Z 2-~
! 24,
20
8
7
¢
O 10 11
9 12
7 14.
u
13 15
9 19
8 20
LEGAL BASIS AND GENERAL PROVISIONS
§ 20A-5.5.
driveways, sidewalks or other approved structures shall be planted
.and maintained in lawn, sod or landscaping including flower
beds, shrubs, hedges or other generally accepted landscaping
material approved by the building official. Landscaping materi-
al, including trees, shall not obstruct the vision of the motoring
public. The landscape requirements of Article XIII shall further
regulate development within all zoning districts, excepting single-
family zoned districts.
B. Front yards.
Lots with double frontage. The front yard regulations shall
applY to both streets on through lots or double frontage
lots.
Corner lots. There shall be a front yard on"'each street side
of a corner lot, provided, however, that the buildable width
of such lot shall not be reduced to less than thirty (30) feet;
provided, further, that no accessory building on a corner
lot shall project beyond the front yard line on either street.
3. Encroachment of porches or terraces. An open unenclosed
and uncovered porch or paved terrace may project into the
front yard for a distance of not more than ten (10) feet.
4. Encroachment of gasoline service facilities. Gasoline filling
station pumps and pump islands may ~be located within a
front yard, provided they are not less than fifteen (15) feet
from any right-of-way line. "
C. 'Side yard.
1. Lots less than required width~ Whenever a lot in single
ownership exists which contains less width than required
in the district in which it is located, as stipulated in sec-
tion 20A-5.4 of this article, shall go to the board of adjust-
ment, no side yard shall be reduced to less than ten (10)
feet, providing further that the buildable width shall not
be reduced to less than twenty (20) feet.
'~ D. Rear yards. Detached structures, such as utility sheds and
other structures accessory to single-family homes within a single-
family zoning district may encroach into a required rear yard,
provided that any such structure maintain a minimum distance //~;~ 1
Supp. No. 16 325
.City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Mutual Aid Compact
Statewide Mutual Aid Agreement
Approval Fo~' Submittal By:
City Manager ~~
)
)
)
)
)
)
)
)
)
)
)
)
)
AGENDA NO.
Dept. Origin: Joel L. Koford
City Manager
Date Submitted: 6/27/94
For Agenda Of: 7/06/94
Exhibits: ~ Letter dated 6/20/94
To Mayor Arthur Firtion
- Mutual Aid Compact ~ Execution
Copy
EXPENDITURE AMOUNT APPROPRiATION
i REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY
The purpose of this Mutual Aid Agreement is to establish the basic ground rules and
provide authorization for agencies to utilize facilities within the City, if and when the
emergency forces are requested and provided.
RECOMMENDATION
Designate the "Authorized Representative" as outlined on page 4 of the draft
agreement.
Authorize the City Manager to complete the Mutual Aid Agreement, and
Direct the City Attorney to prepare the appropriate resolution accepting the
terms and conditions of the agreement, for Council action on July 13, 1994.
Indian River County
Board of County Commissioners
Department of Emergency Services
1840 25th Street, Veto Beach, Florida 32%0
June 20, 1994
Honorable Mayor Arthur L. Firtion
City of Sebastian
1255 Main Street
Sebastian, FL 32958
Re:
Municipal Consideration Regarding Participation in the
Statewide Mutual Aid Agreement for Catastrophic Disaster
Response and Recovery
Dear Mayor Firtion:
On.June 14, 1994, the Indian River County Board of County
Commissioners approved the county's participation in the attached
Statewide Mutual Aid Agreement For Catastrophic Disaster Response
and Recovery. The agreement also provides for local governments
within the County that executes and adopts the terms and conditions
to participate in the mutual aid agreement.
Participation in the agreement does not obligate your respective
municipality to provide resources to an area affected by a
catastrophic disaster. Rather, it simply provides a process for
the assistance to be coordinated, a method for the resources to be
utilized, and reimbursement to be obtained.
A copy of the agreement approved by the County Commission is
attached for your review and consideration by your City Council.
If the Council approves participation in the agreement, I will be
glad to provide the original document signed by Chairman Tippin for
the appropriate signature so that the document sent to the state
will have a single execution page of the participating local
governments.
Please contact me if you have any questions.
S~ncerely, ~-' -
Department of Emergency Services
Attachment-
&
Services
567-8000
Copy of Statewide Mutual Aid Agreement For
Catastrophic Disaster Response and Recovery
Koford, City Manager
Division of Division of Division of
Animal Control Fire Services Emergency Management
567.8000 562-2028 567-8000
Ext. 446 Ext. 444
I E MER('3 - " CY SE VI'::FS
DE AFFAIRS
I 2740 CEN RIDA 32399-2100
LAWTON CHILES LINDA LOOMIS SHELLEY
I Governor Secreliry
I MEMOR
I TO:
FROM:
SUBJECT: Mutual Aid Compact: Execution Copy
I DATE: May 2, 1994
In March I provided you all with a copy of the last draft of the
Statewide Mutual Aid Agreement, and asked.you to review it and
ask your County Attorney and other local governments to review
it. Minor comments concerning the content of that draft agree-
ment have been received and revisions are reflected in the notes
accompanying this execution version of the Agreement. The
attached Agreement is now ready for execution.
Therefore, please initiate the processes necessary to have your
I local governments execute this Agreement, and return executed
copies with attachments to the Division. If you have any ques-
tions, please.call Robert C. Byerts at (904) 488-0410. We will
I forward copies with the Division's endorsement back to all
signatories upon final execution. With your continued assistance
we anticipate having all agreements executed as soon as possible.
I JFM/rb
attach. (2)
EMERGENCY MANAGEMENT * HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MANAG
ST~TE~DE HUTU~D ~REEHENT
FOR C~T~STROPHIC DIS~TER RESPONSE ~ I:tECOVERY
THIS AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA,
DIVISION OF EMERGENCY MANAGEMENT AND AMONG EACH POLITICAL
SUBDIVISION OF THE STATE THAT EXECUTES AND ADOPTS THE TERMS AND
CONDITIONS CONTAINED HEREIN, BASED UPON THE FOLLOWING FACTS:
WHEREAS, the State Emergency Management Act, Chapter 252;
_
Florida Statutes, authorizes the state and its political
subdivisions to develop and enter into mutual aid for
agreements
reciprocal emergency aid and assistance in case of emergencies
too extensive to be dealt with unassisted; and
WHEREAS, Chapter 252, Florida Statutes, sets forth details
concerning powers, duties, rights, privileges, and immunities of
political subdivisions of the state rendering outside aid; and
WHEREAS, Chapter 252, Florida Statutes, authorizes the State
to enter into a contract on behalf of the state for the lease or
loan to any political subdivision of the state real or
any
personal property of the state government or the temporary
transfer or employment of personnel of the'state
government to or by any political subdivision of the state; and
WHEREAS, Chapter-252, Florida Statutes, authorizes the
g~verning body of each political subdivision of the state
to enter into such contract or lease with the state, accept any
such loan, or employ such personnel, and such political ~
formations, and other natural disasters that in the past have
caused severe disruption of essential human services and severe
property damage to public roads, utilities,
other government owned facilities~ and
buildings, parks, and I
WHEREAS, the Parties to this Agreement recognize that
additional manpower and equipment may be needed to mitigate ~.
further damage and restore vital services to the citizens.o~ the
· affected community should such disasters occur~ and
WHEREAS, to provide the most effective mutual aid possible,
each Participating Government, intends to foster communications
between the personnel of the other Participating Government by
visits, compilation of asset inventories, exchange of information
and development of plans and procedures to implement this
.Agreement~
NOW, THEREFORE, the Parties hereto agree as follows:
SECTION 1. DEFINITIONS
A. ,,AGREEMENT" - the Statewi?e Mutual Aid Agreement for
Emergency Response/Recovery. Political subdivisions of the State
of Florida may become a party to this Agreement by executing a
copy of this Agreement and providing a copy with original
signatures and authorizing resolution(s) to the State of Florida ~
Division of Emergency Management. 'Copies of the agreement with
original signatures and copies of authorizing resolutions and
3
I
i insurance lett. ers shall be filed and maintained at the Division.
headquarters an Tallahassee, Florida. .
I .' Bo ,,RE~UESTZN~t PARTY** -the ~a~[c[patzng government
I ent~t~ re~esti~g aid i~ the event of an emergency. Each
municipality must coordinate re~ests for state or federal
I response assistance through its county.
emergency
C. -ASSISTING PARTY" - the participating government entity
I furnishing equipment, services and/or manpower to the Requesting
Party.
D. -AUTHORIZED REPRESENTATIVE" - an employee of a
participating government authorized in writing by that government
i to request, offer, or provide assistance under the terms of this
Agreement. The list of authorized representatives for the
Iparticipating government executing this Agreement shall be
attached as Appendix A to the executed copy.of the Agreement
i supplied to the Division, and shall be updated as needed by each
i participating government.
E. -DIVISION" - the State of Florida, Department of
I Community Affairs, Division of Emergency Management.
F. ,'EMERGENCY" - any occurrence, or threat thereof,
whether natural, or caused by man, in war or in peace, which
results or may result in substantial injury or harm to the
population or substantial damage to or loss of property.
4
G. ,,DXS&STER" -any.natural, technological, or civil .
emergency that causes damage of sufficient severity and magnitude
to result in a declarati°n of a state of emergency by a county,
Governor, or the President of the United States.
H. ,,PARTICIPATING GOVERNMENT" - the State of Florida and
any political subdivision of the State of Florida which executes
this mutual aid agreement and supplies a complete executed ,copy
to the Division.
I. ,'PERIOD OF ASSISTANCE" ~ the period of time beginning ~
with the departure of any personnel of the Assisting Party from
the purpose of traveling to the Requesting Party in I
any
point
for
order to provide assistance and ending upon the return of all
personnel and equipment of the Assisting Party, after providing ~
the assistance requested, to their residence or regular place of I
work, whichever occurs first. The period of assistance shall not
include any portion of the trip to the Requesting Party or the I
return trip from the Requesting Party during which the personnel ~
of the Assisting Party are engaged in a course of conduct not
reasonably necessary for their safe arrival at or return from the
Requesting Party.
J. "WORK OR WORK-RELATED PERIOD" - any period of time in
which either the personnel or equipment of the Assisting Party
are being used by the Requesting Party to provide assistance and
for which the Requesting Party will reimburse the Assisting
5
i Party. Specifically included within such period of time are rest
breaks when the personnel of the Assisting Party will return to
Iactive work within a reasonable time. Specifically excluded from
such period of time are breakfast, lunch, and dinner breaks."'
I SECTION 2. ~ROCEDUR~S
When a participating government either' becomes affected by,
I or is under imminent threat of, an emergency or disaster, it'" may
I invoke emergency related mutual aid assistance either by:
_
declaring a state of local emergency and transmitting a copy of
I that declaration to the Assisting Party, or to the Division, or
_
I (ii) by orally communicating a request for mutual aid assistance
to Assisting Party or to the Division, followed as soon as
I practicable by written confirmation of said request. Mutual aid
I shall not be requested by Participating Governments unless
resources available within the stricken area are deemed
I inadequate by the Local Emergency Management Agency. All
i requests for mutual aid shall be transmitted by the Authorized
Regresentative or the Director of the Local Emergency Management
I Agency. Requests for assistance be communicated
may
either
to
the Division or directly to an Assisting Party. Requests for
I assistance under this Agreement shall be limited to catastrophic
I disasters, except where the Participating Government has no other
mutual aid agreement based upon Section 252.40 or 163.01, Florida
I .
6
· I
Statutes, in which case a Participating Government may request .
assistance pursuant to the provisions of this agreement. I
A. REQUESTS DIRECTLY TO ABSIBTZNO PARTY= The Requesting I
Party may directly contact the authorized representative of the
Assisting Party and shall provide them with the information in I
paragraph C below. All communications shall be conducted . I
directly between the Requesting and Assisting Party. Each party
DIVISION=
Division,
shall be responsible for keeping the Division advised of the I
status of the response activities. The Division shall not be
responsible for costs associated with such direct requests for I
assistance.' However, the Division may provide, by rule, for I
reimbursement of eligible expenses from the Emergency Management
Preparedness and Assistance Trust Fund created under Section I
252.373, Florida Statutes.
REQUESTS ROUTED THROUGH, OR ORiOINATIN~ FROM, THE i
The Requesting Party may directly contact the I
in which case it shall provide the Division with the
information in paragraph C below. The Division may then contact I
other Participating Governments on behalf of the Requesting Party I
and coordinate the provision of mutual aid. The Division shall
not be responsible for costs associated with such indirect I
requests for assistance, unless the Division so indicates in I
writing at the time it transmits the request to the Assisting
Party. in no event shall the Division or the State of Florida be I
7
responsible for costs associated with assistance in the absence
of appropriated funds. In all cases, the party receiving the
Imutual aid shall be primarily responsible for the costs incurred
by any Assisting Party providing assistance pursuant to the
I provisions of this Agreement.
C. REQUIRED INFOP~ATION: Each request for assistance
shall be accompanied by the following information, to the extent
known:
1.
2.
A general description of the damage sustained;
Identification of the emergency service function for
Iwhich assistance is needed (e.g. fire, law enforcement, emergency
medical, transportation, communications, public works and
I engineering, building, inspection, planning and information
assistance, mass care, resource support, health.and other medical
I services, search and rescue, etc.) and the particular type of
assistance needed;
3. Identification of the public infrastructure system for
which assistance is needed (e.g. sanitary sewer, potable water,
streets, or storm water systems) and the type of work assistance
needed;
4. The amount and type of personnel, equipment, materials,
and supplies needed and a reasonable estimate of the length of.
time they will be needed;
8
5. The need for sites, structures .or buildings outside th? I
Requesting Party's political subdivision to serve as relief
centers or staging areas for incoming emergency goods and I
services; and
6. A specific time and place for a representative of the ·
Requesting Party to meet the personnel and equipment of any I
Assisting Party.
This information may be provided on the form attached as I
Exhibit B, orby any other available means. The Division may
revise the format of Exhibit B subsequent to the execution of
this agreement, in which case it shall distribute coipies to all
participating governments.
D. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ~BILITY TO
RENDER ASSISTANCEs When contacted by a Requesting Party or the
Division the authorized representatives of any participating
government agree to assess their government's situation to
determine available personnel, equipment and other resources.
All participating governments shall render assistance to the
extent personnel, equipment and resources are available. Each
participating government agrees to render assistance in
accordance with the terms of this Agreement to the fullest extent
possible. When the authorized representative determines that his
Participating Government has available personnel, equipment or
other resources, they shall
so notify the Requesting Party or the i
!
i Division, whichever communicated the request, and provide the .
information below. The Division shall, upon response from
Isufficient participating parties to meet the needs of the
Requesting Party, notify the authorized representative of the
I Requesting Party and provide them with the following information,
i to the extent known:
1. A complete description of the personnel,
I materials to be furnished to the Requesting Party;
equipment, and
2. The estimated length of time the personnel, equipment,
and materials will be available;
I 3. The areas of experience and abilities of the personnel
and the capability of the equipment to be furnished;
I 4. The name of the person or persons to be designated as
i supervisory personnel; and
5. The estimated time when the assistance provided will
I arrive at the location designated the
by
authorized
representative of. the Requesting Party.
I E. SUPERVISION AND CONTROLs The personnel, equipment and
I resources of any Assisting Party shall remain under operational
control of the Requesting Party for the area in which they are
I serving. Dire~t supervision and control of said
personnel,
__
I equipment and resources shall remain with the designated
_
supervisory personnel of the Assisting Party. Representatives of
I the Requesting Party shall provide work tasks to the supervisory
10
personnel of the Assisting Party. The designated supervisory
personnel of the Assisting Party shall have the responsibility
and authority for assigning work and establishing work schedules
for the personnel of the Assisting Party, based on task or
mission assignments provided by the Requesting Party and the
Division. The designated supervisory personnel of the Assis..ting -
'Party shall: maintain dally personnel time records, material
records and a log of equipment hours,' be responsible for the
operation and maintenance of the equipment and other resources
furnished by the Assisting Party; and shall report work progress
to the Requesting Party. The Assisting Party's personnel and
other resources shall remain subject to recall by the Assisting
-
Party at any time, subject to reasonable notice to the Requesting
Party and the Division. At least twenty-four hour advance
notification of intent to withdraw personnel or resources shall
be provided to the Requesting Party unless such notice is not
practicable, in which case such notice as is reasonable shall be
provided..
F. FOOD; HOUSING; SELF-SUFFICIENCY Unless specifically
instructed otherwise, the Requesting Party shall have the ~
responsibility of providing food and housing for the personnel of
Assisting Party from the time of their arrival at the I
the
designated location to the time of their departure. However,
Assisting Party personnel and equipment should be, to the
11
Igreatest extent possible, self-sufficient for operations in area~
stricken by emergencies or disasters. The Requesting Party may
I specify only self-sufficient personnel and'resources in its
i request for assistance.
G. COMMUNICATIONS= Unless specifically instructed
Iotherwise, the Requesting Party shall have the responsibility for
coordinating communications between the personnel of the
i Assisting Party and the Requesting Party. Assisting Party
personnel should be prepared to furnish communications equipment
sufficient to maintain communications, among their respective
operating units.
H. RIGHTS AND PRIVILEGES Whenever the employees of the
Assisting Party are rendering outside aid pursuant to this
Agreement, such employees shall have the powers, duties, rights,
privileges, and immunities, and shall receive the compensation,
incidental to their employment.
I. WRI.TTEN ACKNOWLEDGEMENT The Requesting Party shall
I complete a wrl:ten acknowled.gment regarding the assistance to be
I rendered, setting forth the Information transmitted in the
_
request, and shall transmit it by the quickest practical means to
I the Assisting Party or the Division, as applicable, for approval.
IThe form to serve as this written acknowledgement is attached as
Attachment C. The Requesting Party/Division shall respond to the
I written acknowledgement by executing and returning a copy to the
12
Requesting Party by the quickest practical means, maintaining a. I
copy for its files.
SECTION 3. REIMBURSABLE EXPENSES I
The. terms and conditions governing reimbursement for any
assistance provided under this Agreement shall be in accordance
with the following provisions, unless otherwise agreed upon by
the Requesting and Assisting Parties and specified in the written
acknowledgment executed in accordance with paragraph 2.I. of this i
Agreement. The Requesting Party shall be ultimately responsible I
for reimbursement of all reimbursable expenses.
A. PERSONNEL - During the period of assistance, the i
Assisting Party shall continue to pay its employees according to I
its then prevailing ordinances, rules, and regulations. The
Requesting Party shall reimburse the Assisting Party for all I
direct and indirect payroll costs and expenses incurred during
the period of assistance, including, but not limited to, employee I
pensions and benefits as provided by Generally Accepted I
Accounting Principles (GAAP). The Requesting Party shall
reimburse any amounts paid or due for compensation to employees I
of the Assisting Party under the terms of the Florida Workers'
Compensation Act due to personal injury or death occurring while I
such employees are engaged in rendering aid under this Agreement. I
While providing services to the Requesting Party, employees of
the Assisting Party shall be considered "borrow servants" of the i
13
with the Requesting and Assisting Parties, subject to the
supe.rvision and control of both for purposes of Chapter 440, the
Florida Statutes. While the Requesting Party shall reimburse
Assisting Party for payments made in workers' compensation
benefits required to be paid to its employees due to personal. ~
injury or death, the Division, and both the Requesting and "
Assisting Party shall enjoy immunity from civil prosecution as
provided for in the Florida Workers' compensation Act.
B. EQUIPMENT - The Assisting Party shall be reimbursed by
the Requesting Party for the use of its equipment during the
period of assistance according to either a Pre-established local
or state hourly rate or according to the actual replacement,
operation, and maintenance expenses incurred. For those
instances in which costs are reimbursed by the Federal Emergency
Management Agency, the eligible direct costs shall be determined
in accordance with 44 CFR 206.228. The Assisting Party shall pay
for all repairs to its equipment as determined necessary by its
on-site supervisor(s) to maintain such equipment in safe and
operational condition. At the request of the Assisting Party,
fuels, miscellaneous supplies, and minor repairs may be provided
by the Requesting Party, if practical. The total equipment
charges to the Requesting Party shall be reduced by the total
value of the fuels, supplies, and repairs furnished by the
14
Requesting Party and by the amount of any insurance proceeds .
received by the Assisting Party.
C. MATERI~LG ~ND SUPPLIES - The Assisting Party shall be
reimbursed for all materials and supplies furnished by.it and
used or damaged during the period of assistance, except for the
costs of equipment, fuel and maintenance materials, labor and.
supplies, which shall be included in the equipment rate
established in 3.B. above, unless such damage is caused by gross
negligence, willful and wanton misconduct, intentional misuse, or
recklessness of the Assisting Party's personnel. The Assisting
Party's Personnel shall use reasonable care under the
circumstances in the operation and control of all materials and
supplies used by them during the period of assistance. The
measure of reimbursement shall be determined in accordance with
44 CFR 206.228. In the alternative, the Parties may agree.that
the Requesting Party will replace, with like kind and quality as
determined by the.Assisting Party, the materials and supplies
used or damaged. If such an agreement is made, it shall be
reduced to writing and transmitted to the Division.
D. RECORD KEEPING - The Assisting Party shall maintain
records and submit invoices for reimbursement by the Requesting
Party or the Division using format used or required by FE.MA
publications, including.44 CFR part 13 and applicable Office of
Management and Budget Circulars. Requesting Party and Division
15
I shall be responsible for making written request to the Division .
for reimbursement of travel and subsistence expenses, prior to
I for to the Requesting Party. The
submitting
a
request
payment
Assisting Party's written request should be submitted as soon as
I possible after expiration of the period of assistance. The
IDivision shall provide a written response to said requests within
ten (10) days of actual receipt. If the Division denies said
I request, the Assisting Party shall then bill the Requesting
i Party. In the event that an affected jurisdiction requests
assistance without forWarding said request through the Division,
i provides assistance without having been
or
an
assisting
party
requested by the Division to do so, the Division shall not be
I liable for reimbursement of any of the cost(s) of assistance.
I The Division may serve as the eligible entity for requesting
reimbursement of eligible costs from FEMA. Any costs to be so
I reimbursed by. or through the Division sha. ll be determined in
i accordance with 44 CFR 206.228. The Division may authorize
_
applications for reimbursement of eligible costs from the
I undeclared disaster portion of the Emergency Management
Preparedness and Assistance Trust Fund established pursuant to
i Section 252.373, Florida Statutes, in the event that the disaster
or emergency event is not declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law
93-288, as amended by Public Law 100-707. Such applications
17
shall be evaluated pursuant to rules established by the Divisio~,
and may be funded only to the extent'of available funds. SECTION
SECTION 4..i~_~2~-q~
Each participating government shall bear the risk of its own
actions, as it does with its day-to-day operations, and determine
for itself what kinds of insurance, and in what amounts, it
should carry. If a participating government is insured, its file
shall contain a letter from its insurance carrier authorizing it
to provide and receive assistance under this Agreement, and
indicating that there will be no lapse in its insurance coverage
either on employees, vehicles, or liability. If a participating
government is self-insured, its file shall contain a copy of a
resolution authorizing its self-insurance program. A copy of the ~
insurance carrier's letter or the resolution of self-insurance
shall be attached to the executed copy of this Agreement which is
filed with the Division. Each Assisting Party shall be solely
responsible for determining that its insurance is current and
adequate prior to providing assistance under this agreement. The
amount of reimbursement from the Division or the Requesting Party
shall be reduced by the amount of any insurance proceeds to which
the Assisting Party is entitled as a result of losses experienced
in rendering assistance pursuant to this Agreement.
SECTION 5.
18
To the extent permitted by law, and without waiving
sovereign immunity, each Party to this Agreement shall be
responsible .for any and all claims, demands, suits, actions,
damages, and causes of action relatea to or arising out of or in
!
personnel, in providing mutual
any way connected with its own actions, and the actions of its
aid assistance rendered or
performed pursuant to the'terms and conditions of this Agreement.
SECTION 6. LENGTH OF TIME FOR EMERGENCY
Th7 duration of ~uch state of emergency declared by the
Requesting Party is limited to seven (7) days. It may be
extended, necessary, 7 day
if
in
increments.
SECTION 7. TERM
This Agreement shall be in effect for one (1) year from the
date hereof and shall automatically be renewed in successive one
(1) year terms unless terminated in writing by the participating
government. Notice of such termination shall be made in writing
and shall be served personally or by registered mail upon the
Director, Division of Emergency Management, Florida Department of
Community Affairs, Tallahassee, Florida, which shall provide
copies to all other Participating Parties.
SECTION 8. EFFECTIYE DATE OF THIS AGreEMENT
This Agreement shall be in full force and effect upon.
approval by the participating government and upon proper
exgcution hereof.
19
Az~rit 27. 1~ ~
SECTION 9. ROLE OF DIVISION OF EMERGENCY MANAGEMENT ' I
The responsibilities the Division of Emergency Management,
Florida Department of Community Affairs under this Agreement are I
to: (1) request mutual aid on behalf of a participating
government, under the circumstances identified in this Agreement;
(2) coordinate the provision of mutual aid to a requesting party,
pursuant to the provisions of this Agreement; (3) serve as the
eligible entity for requesting reimbursement of eligible costs
from FEMA, upon a Presidential disaster declaration; (4) serve as I
central depository for executed Agreements; and (5) maintain a
current listing of Participating Governments with their I
Authorized Representative and contact information, and to provide
a copy of the listing to each of the Participating Governments on
an annual basis during the second quarter of the calendar year. I
SECTION 10. SEVERABILITY; EFFECT ON QTHERAGREEMENTS
Should any portion, section, or subsection of this Agreement
be held to be invalid by a court of competent jurisdiction, that i
fact shall not affect or invalidate any other portion, section or
subsection; and the remaining portions of this Agreement shall I
remain in full force and affect without regard to the section,
portion, or subsection or power invalidated.
In the event that any parties to this agreement have entered
into other mutual aid agreements, pursuant to Section 252.40,
¥1o~id~ Statutes, or interlocal agreements, pursuant to.Section
2O
163.01, Flortd~ Statutes,
those parties agree that said
agreements are superseded by this agreement only for emergency
management assistance and activities performed in catastrophic
emergencies pursuant this
to agreement. In the event that two or
more parties to this agreement have not entered into another
mutual aid agreement, and the parties wish to engage in mutual
aid, then the terms and conditions of this agreement shall apply
unless otherwise agreed between those parties.
21
IN WITNESS WHEREOF, the parties set forth below have duly · I
executed this Agreement on the date set forth below=
ATTEST: J. ~. 'B.41~l~O~ BOARD OF ~m~7 ~m,=~,~x-j i
C~~F TH~IR~IT COURT OF ~m~ ~/~ F~RIDA
. Chai . ' ' .....
APPROVED AS TO FO~.
Office of ~e Attorney ~
EXECUTED
BY THE FOLLOWING PARTICIPATING LOCAL GOVERNMENTS IN
, COUNTY
(attach auth?rizing resolution or ordinance
letter or resolution for each)
and insurance
Political Subdivision
, by
Authorized Official
Date
......... , by
Political Subdivision Authorized Official
Date
Political subdivision
, by
Authorized Official
Date
L, by
Political Subdivision Authorized Official
Date
, by
Political Subdivision Authorized Official
Date
~ , by
Political Subdivision Authorized Official
Date
Political Subdivision
, by
Authorized Official
Date
ACKNOWLEDGED AND AGREED BY THE DIVISION OF EMERGENCY MANAGEMENT
By.:.
Director
22
Date:
MUTUAL AID AGREEMENT
FOR
CATASTROPHIC RESPONSE/RECOVERY
APPENDIX A~
Name of Government:
Mailing Address:
City, State, Zip Code:
Authorized Representatives to Contact for EmeFgenc2 Assistance:
Primary ~epresentatiy~
Name:
Title:
'Address:
Day Phone:.
Fax Number:
1st Alternate ReDrg~entativ*
Name:
Night Phone:
Title:
Address:
Day Phone:
Fax Number:
2nd Alternate Representativ.
Name:
Night Phone:
Title:
Address:
Day Phone:
Night Phone:
REQUIRED INFORMATION
Each request for assistance shall be accompanied by the
following information; to the extent known:
1. General description of the damage sustained:
2. Identification of the emergency service function for which
assistance is needed (e.g. fire, law enforcement, emergency
medical, transportation, communications, public works and I
engineering, building, inspection, planning and information I
assistance, mass care, resource support, health and other medical
services, search and rescue, etc.) and the particular type of I
assistance needed:
24
REQUIRED INFORMATION (continued)
Identification of the publiC.infrastructure system for which
iassistance is needed (e.g. sanitary sewer, potable water,-
streets, or storm water systems) and the type of work assistance
I needed:
I 4. The amount and type of personnel, equipment,
materials, and
supplies needed and a reasonable estimate of the length of time
they will be needed:
I centers or staging areas for incoming
5. The need for sites, structures or buildings outside the
Requesting Party's political subdivision to serve as relief
emergency goods and
services:
25
Requesting Party to meet the personnel
Assisting Party.
REQUIRED INFORMATION
A specific time and place for a representative of the
(continued) ' i
26
and equipment of any
ACKNOWLEDGMENT
To be completed by each Assisting Party.
NAME OF ASSISTING PARTY:
AUTHORIZED REPRESENTATIVE:
CONTACT NUMBER/PROCEDURES:
I 1. Assistance To Be Provided:
Resource Type Amount Assignment Est. Time ArriVal
2. Availability of Additional Resources:
3. Time Limitations, if any:
27
City of Sebastian
1225 MAIN STREET c~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Bailey Drive Boat Ramp
Hours of Operation
APPROVED FOR SUBMITTAL BY:
city Manager: ~J
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Exhibits:
City-Clerk
6/2.8/94
~/6/94
Section 74-1 Code
of Ordinances
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
N/A
Attached please find Section 74-1. Hours of Operation. under the
Code of Ordinances "Parks and R~creation".
The creative playground public recreational facility, located at
Barber Street and Tulip Drive is open from sunrise until sunset
only. All other public parks and recreational facilities are
open from one half hour before sunrise until 10:00 p.m. unless
1) specifically provided for in subsection (b), 2) specifically
set by resolution, or 3) special permission is granted by City
Council on a case-by-case basis.
The City now has a small boat launching ramp on Bailey Drive so
people are able to launch small boats from that ramp. This ramp
is primarily used by people fishing Schumann Lake.
Since Bailey Drive is a dead end and in a residential area, it
would be advisable to amend the open hours from "sunrise to
sunset" by procedure set out in Section 74-1 (a).
RECOMMENDED ACTION
Discuss and reach a determination.
If agreeable, instruct the City Attorney to draft a
resolution accordingly.
PARES ~ RECREATION
§ 74-3O
· .A.R~CT.~- L iN GENERAL
Sec. 74-1. Hours of operation-
(a) Except as specifically provided by in subsection CO) of this section or as specifically set
forth by resolution ofthe city council or unless special permission/s granted by the city council
on a case-by-case basis, all public parks and public recreational facilities operated by the city
sh~l] be open to the public from one-half hour before sunrise until 10:00 p.m.
Co) The creative playground public recreatio-~l facility, located at Barber Street and
Tul/p Street, shall be open to the public from sunrise until sunset, unless special permission
/s granted by the city council on a case by case basis.
(Code 1980, § 18-1; Ord. No. 0-92-11, § 1, %8-92)
Sec. 74-2. ,Anlvaals prohibited.
No dogs or other domesticated ,,~,~n~, except seeing-eye dogs shall be allowed in the
public parks and public recreatio,~l fac/lities of the city.
(Code 1980, § 18-2)
Cross ref~ee-A~i~n-i,, ch. 18.
Sec. ,/4-3. Alcoholic beverages prohibited.
No alcoholic beverage~ shall be allowed in the public parks and public recreational facil-
ities of the city unless a request is made in writing to and approved by the city council
(Code 1980, § 18-S)
Cross reference-Alcoholic beverages, ch. 10.
Sec. 74-4. Vehicles restricted to paved or designated area~.
No person in a park shall ride, drive or park any vehicle in any area except paved or
unpaved park roads or designated parking areas. This provision shall not apply to bicycles and
tricycles, or to baby carriages.
(Code 1980, § 26-7)
Cross reference-Traffic and vehicles, ch. 98.
Sec. 74-5. Swimming prohibited in Swim Lake.
No person shall swim in that body of water situated in Sebastian Highlands Subdivision,
Unit 1, commonly known as Sebastian Swim Lake. Appropriate signs shall be posted around
such body of water to advise persons that swimmlug in that body of water is prohibited.
(Code 1980, § 18-4)
Secs. 74-6-74.30. Reserved.
CD74:3
t
.City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Casino Type Gambling
Approval For Submittal By:
City Manager ~
)
)
)
)
)
)
)
)
)
)
)
AGENDA NO.
Dept. Origin: Joel L. Koford
City Manager
Date Submitted: 6//28/94
For Agenda Of: 7/6/_94
Exhibits:- R-94-37
i EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: N/A BUDGETED.- N/A REQUIRED: N/A
SUMMARY
Resolution No. R-94-37 opposing casino type gambling in the State of Florida for discussion
and appropriate action of City Council.
RECOMMENDATION
Authorize the attached proposed Resolution for City Council Agenda on July 13, 1994.
RESOLUTION NO. R-94-$7
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, OPPOSING CASINO TYPE GAMBLING IN THE
STATE OF FLORIDA; REPEALING RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, certain types of gambling and gambling
establishments, commonly known as casino gambling, are illegal in
the State of Florida; and
WHEREAs, there is an effort under way to amend the Florida
Constitution to allow casino gambling and to use certain proceeds
to fund governmental programs; and
WHEREAS, the introduction of casino gambling in Florida
will have a negative impact on family oriented tourism which is
the backbone of the State's tourism industry; and
WHEREAS, the cost to government and communities will far
exceed the revenue returned to government and communities by
gambling activities; and
WHEREAS, neither the public or government will benefit from
casino gambling;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, that:
SECTION 1. OPPOSITION. The City Council of the City of
Sebastian, Florida, opposes any change in the State
Constitution or State Law which would allow casino gambling in
Florida.
SECTION 2. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 3. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember
by Councilmember
a vote, the vote was as follows:
The motion was seconded
and, upon being put into
Mayo~ Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert J. Freeland
Councilmember Frank J. Oberbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1994.
CITY OF SEBASTIAN, FLORIDA
By:
Arthur L. Firtion
Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash
City Attorney
City of Sebastian
1225 MAIN STREET u SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
I AGENDA FORM
SUBJECT:
Indian River County Parks and
Recreation Committee
APPROVED FOR SUBMITTAL BY:
City Manager: ~x~
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Exhibits:
City Clerk<'
'716/94
* IRC P & R
Membership List
* Galley Memo
dated 12/7/93
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY STATEMENT
At the December 1, 1993, City Council Workshop, Councilmember
Freeland inquired whether Kay Rogers could serve as an additional
member of the Indian River County Parks and Recreation Committee.
I responded that I would look into the matter. A member of my
office contacted the Indian River County Commission office and
was informed by staff person, Alice White, that, according to
Commissioner Richard Bird, no other jurisdiction has two members.
I then informed City Council that appointment of a second member
would not be possible.
Mrs. Rogers came in to my office today to discuss the possibility
of her appointment as alternate member.
From 1978 through 1987, the City Council adopted an annual
standing committee Resolution. George Schum was appointed by
City Council in 1984 as Sebastian's representative to the Indian
River County Recreation Committee and was reappointed each
successive year through 1987 by Resolution of the City Council.
Mr. Schum still serves as the City's rePresentative to that
committee.
In accordance With a membership list supplied, by Mrs. Rogers, the
Indian River Parks and Recreation Committee allows alternate
memberships.
RECOMMENDED ACTION
Discuss appointment of an alternate member to the Indian River
County Parks and Recreation Committee.
2
September 15, 1993
.pARKS...& RECREAtiON ~OMMI_TTF~*
Comm. Richard N. Bird,
1840 25th Street
Veto Beach, FL 32960
Chairman
O 567-8000, Exto 440
Councilman'Karl Hedin (Vero Beach)
Veto Beach City Hall
P.O. Box 1389
Veto Beach, FL 32961-1389 ,/~ 0 567-5151
Susan Wilson · ' .
12450 91st~Street /
Fellsmere, FL 32948
(rep. Fellsmere) H 571-1119
George Schum (Sebastian)
750 Layport Drive
Sebastian, FL 32958
Barbara Holmen '(Indian River Shores)
6001 North A-1-A
Veto Beach, FL 32963
0 589-1603
O 231-1771
H 231-0335
Dale Klaus (School Board)
4350 43rd Avenue
Vero Beach, FL 32960
O 562-4350
H 569-4764
James C. Jenkins
Box 2252
Vero Beach, FL 32961
0 567-5247
H 567-6746
ALTERNATE: Annie Grace Foster
Veto Beach Jr. High School
1507 19th Street
Veto Beach, FL 32960
* One Year Term '
0 770-5531
H 569-2106
Non-Voting.~Tec~Dical MDmbe~?
Dennis Ragsdale, Planning Director
City of Vero Beach
P.O. Box 1389
Vero Beach,.FL 32961-1389
Pat Callahan', Director (Pegi Wilkes)
Recreation Department
2266 14th Avenue (direct line)
Veto Beach, FL 32960
O 567-5151
O 778-7494
O 567-2144
Jim Romanek
County Parks Superintendent
5350 77th Street
yero Beach, FL 32960
0 589-9223
~OST OFFICE 8OX 780127 ~, SEBASTIAN. FLORIDA
TELEPHONE (407) 58~5~0 32978
FAX ~7-58~5~0
~ ~ ~ 0
S~~. County g~ a Rec=eaC~' Co~zCaee
DATE: Dece~er 7, 1993
I
~n December 3, 1993 I spoke CO ' · ·
commission..0ffice ~A.,~. ,.= A..1...].?.e,Whll::e 1~ ~he Cou~ I
Alice s oke =Y =ommiCCee.
P =o Dick Bird, and was info~-med t-hat ' "
Tha~ you.
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
RE:
July 6, 1994
Mayor Firtion, city Council Members and city Manager
Kathryn M. O'Hallora~Q~
city Clerk
7/6/94 Agenda Item 94.184 - Statewide Mutual Aid
Agreement
Attached please find page 16 of the proposed Statewide Mutual Aid
Agreement received today from the Emergency Management office.
sam