HomeMy WebLinkAbout09251996I
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
WORKSHOP
WEDNESDAY, SEPTEMBER 25, 1996 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a Workshop,, unless provided in the meeting call (in"accordance with R-95-33)
1. CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
WORKSHOP ITEMS
96.207 A.
1-7
Private Use of City Owned Property or Interests (Community Development Transmittal
9/18/96, Report)
5. 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.
i
City of Sebastian
I 1225 MAIN STRF:ET [] SEBASTIAN, FLORIDA 329,58
TEIEPHONf (407).589-5330 [] FAX (407) S89-$S70
SUBJECT: Private use of City owned)
property or interests )
)
)
Approval for Submittal By: )
)
City Manager/~,~J a) ~
u )
)
)
)
Agenda Number:
Dept. Origin:
Date Submitted:
For agenda Of:
Exhibits:
zo7
Com. munity Dev.
09/15/96
09~25~96
(RM)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
There have been several requests for the long term use of City property. These
include a request by Cornerstone Select Homes for the use of two city-owned parcels
for private recreational uses, the vacation of rights-of-ways for private streets, and
the use of city land for entrance signs. Conversations have occurred with Bell
South Mobility concerning the possible location of communication towers on city
property. A real estate agent has inquired about the use of a city-owned parcel for
a church. There is also the ongoing discussion about the use of the old city hall or
utility building by various non-profit and profit organizations.
These requests can be handled in a variety of ways - disposing of the land, leases,
and licenses or permits. There is a fundamental question that must be answered
first: Should city-owned land be used by private organizations?
Attached is a discussion paper that identifies a series of issues intended to provide
some focus to this matter. The council's direction on each of these issues will
provide the staff direction on how to proceed.
RECOMMENDED ACTION
Respond to the series of issue questions provided in the attached discussion paper -
Private Use o£ City-owned P~operty or Interests.
PRIVATE USE OF CITY OWNED
PROPERTY OR INTERESTS
Private use of public property or interest therein is often asked of government. Not only
must existing needs for the land be taken into account, but :fu,~.,re n~eds or
requirements must be determined and considered. Short term gains from the sale of
land can cost the public a great deal in the future. The State of Florida sold millions of
acres dudng one depression to help finance the government. Recently, the state has
spent millions of dollars to buy back some of that land.
":'~:' Background
The land the city owns or has interest in can be grouped into three major categories -
easements, right-of-ways, and parcels or tracts. An easement represents a partial
interest in the land. It gives the owner of the easement the dght to do limited activities.
For example a drainage easement gives the city the dght to construct and maintain a
swale or ditch to manage stormwater. Easements are usually dedicated to the city by a
property owner at the time a final plat is approved. Easements can '~lso be purchased
by the city.
A right-of-way is property owned by the city usually for a particular use. Examples are
a street right-of-way or a drainage right-of-way. The city has full ownership dghts to the
property. As with easements, rights-of-way are usually dedicated to the city at the time
of final plat approval. However, the city can purchase rights-of-way for a particular
need.
A parcel or tract is property owned by the city fee-simple. It can be very small parcels
such as a quarter acre "pocket park" or very large as in the several hundred acre
proposed "stormwater park." The tracts could be donated to the city or purchased by
the city. Several parcels were acquired by the city as part of the stipulated settlement
agreement with General Development Corporation.
Pdvate interests can use public property by acquiring interest in the property through
the city disposing of the land, by obtaining a license or permit to use the land, or by
obtaining a lease allowing a specified use for a fee.
The disposal of each of the different types of property has different procedures and
requirements. The vacation of an easement requires the concurrence of all the utilities
which may be using or may use the easement. The building inspector or city engineer
is required to make an on site inspection and to report to the city manager with a
recommendation stating whether the easement is necessary now or in the future. The
request for vacating an easement goes to the city council for approval by resolution.
The procedure is spelled out in Section 90, Article IV of the Code of Ordinances. The
result of vacating the easement is that the government no longer has the dght to use
the pdvate property for a public use.
The city has an application form for the abandonment of a dght-of -way, but there are
currently no procedures on how it should be accomplished. The abandonment is done
by ordinance. When a right-of-way is abandoned, the right-of-way is divided in half
with one half of the right-of-way going to the adjoining property and the other half going
to the other adjoining property.
The disposal of parcels or tracts is govemed by Section 2-93 of the Code of
Ordinances. Bdefly, there are three ways that a parcel can be disposed of:
1)
2)
3)
sold by bid or auction
exchanged for other real property
abandonment of the city's interest
Abandonment is pdmadly u~ed for the disposal of rights-of-way. That is-not to say the
city couldn't abandon interest in a tract or parcel. However, with such an abandonment,
the city usually has no compensation for the loss of the parcel.
The exchange for other real property can be done by ordinance on such terms and
conditions as the city finds is in the public interest. Some of the issues that might adse
in such an exchange are:
Is tl~ ~rty.:that i$:betng.giv~.: ~::in~ed by tile city in the future? ~,
Is the parcel that the city is receiving in exchange needed now or in the
future and is it suitable for that need?
Are there any liabilities associated with the parcel that is being received
by the city?
Is the value of the parcel that is being received of equal or greater value
than the parcel being exchanged?
The disposal of real property by bid or auction requires the city to publish a notice of
sale at least once a week for at least two weeks, specifying the terms of the sale
including the minimum pdce, if any.
A license authorizes the holder of the permit to conduct a particular activity. The holder
of the license does not gain any interest in the land. The city still owns the property. If
the conditions of the permit are violated, the permit can be revoked and the use
discontinued. Usually, no fees are collected for the use of the land.
A lease allows a party to use city property for a specified use. The city is compensated
for the use of the land or facility. The city does not give up any rights of ownership
through the lease.
Issues
Comerstone Select Homes, Inc. has approached the city with a proposal that will
involve many of the above discussed items. They have proposed the establishment of
a pdvate subdivision using a portion of a plat of Sebastian Highlands. The proposal
includes the establishment of pdvate streets and the use of two city tracts for recreation
and the use of another tract for entrance decorations.
The creation of pdvate streets is relatively straight forward. The city could abandon the
street rights-of-way. The developer would then establish an easement coinciding with
the old rights-of-way to create the pdvate streets. Easements for drainage and utilities
would be established at the same time.
The advantage of this proposal for the city is that the maintenance responsibility would
shift from the city to a pdvate entity. The dsk is if this pdvate entity fails to maintain the
streets and drainage propedy and the city was forced to assume responsibility for the
facilities, it may be very expensive to bdng the system up to standards.:' However, this
liability is no greater than the liability associated with the stormwater management
systems that are maintained by homeowners associations as required in the Land
Development Code.
Issue #1
Should the city support, by policy, the abandonmen~ of street
rights-of-way for the creation of private streets where a
responsible entity has been identified who will be responsible
for the maintenance of those facilities and the necessary
easements have been dedicated for utilities and drainage?
Cornerstone has also proposed that two tracts within this portion of the Sebastian
Highlands subdivision be used by a pdvate entity to establish recreational facilities for
the homeowners within this pdvate subdivision. These two tracts are currently being
unused by the city and no plans for their use have been identified. Cornerstone has
also proposed that the city allow the placement of a decorative wall on a city owned
tract at the entrance to the proposed subdivision.
The city has numerous parcels and some unused facilities which vadous organizations
have expressed interest in. It is conceivable that others may want to locate signs on
city property. A uniform policy on the use of public land is needed to address these
requests.
It is important to differentiate between a long term use or a short term use. The use of
Riverview park by a pdVate organization for a few hours to a couple of days is
considered a short term use. A long term use, tor the purposes of this discussion lets
say more than a week, restricts public access and use to city owned property as
intended, it also limits the city's ability to adjust to changing conditions,,,
A couple of factors which must be considered in making land available for use by a
pdvate entity are:
1,
Is the city property or facility currently being used or will it need to be
used in the future by the city?,
Is the proposed use consistent with the comprehensive plan, land
development code and the code of ordinances?
Recently, the city council approved the use of city property behind the police station by
Bellsouth Mobility for a tower. This is a temporary use of city land. Another lease
example is the city lease with the Italian Amedcan Club.
Issue #2
Should the city make city owned, surplus land or facilities
available for long term use by a private organization, be it for-
profit or not-for-pr, ofit? _~
Should the :city allow rights-of, wa,.y, to be used for private use?
Should there be a determination that the proposed use is in
the public interest?
If the answer to the second issue is yes, the next issue is under what terms. The city
could dispose of the land or facility by bid or auction or by exchange for other real
property. The city could also lease the land for a pedod of time or issue a license for
the use of the property. As you know, the city charter limits leases at the airport to 20
years. That time limit does not apply to other city properties. State Statutes or the
city's Code of Ordinances does not require bids for the lease.
Issue #3
In making city owned land (other than the airport property)
available to a private organization, should the city, after
finding the property to be surplus, place the requested
property up for bid?
Or should the city negotiate a lease of the land?
Or should the city develop a licensing or permitting system for
the use of the land?
Or should the city use a combination of all three depending on
the situation?
Comerstone's proposal to vacate the street rights-of-way,to create.~dvate StLe,?~ would
result in the city owned tracts gaining, half of the dght-o~1 way adyii~nt t0":i~J~s~ tracts.
The city could lease a portion of the property to a pdvate entity for the purpose of a
pdvate street or the city could give an easement for that purpose.
Issue #4
Should the city make city owned land available for a private,
street? ~'~ ~f ,,'~oo,~ L~o~ ~ ~:/~,q~7/,~ ~p,~,~
If so, should the city lease city owned land for a private street
or should the city grant an easement for the establishment of
a private street?
Currently the city owns ,.:approximately 89 parcels of land. This represents
approximately 859 acres. The majodty of the land is the airport and golf course
(581.27 acres). Most of these parcels have a current use:,~ch as for drainage, a park
or public buildings. Approximately 14 parcels:do not have a designated use.
Issue #5
Should the city manager prepare a report on the status of all
land owned by the city and identify the future needs for those
parcels? Parcels of land that currently do not have a use nor a
future need identified, could be declared surplus and disposed
of.
The former utility building located at the comer of U.S. #1 and Main Street has not been
occupied for some time. The City Manager has been approached regarding the future
use of the building by representatives of both the Chamber of Commerce and the
Historical Society, Others have made contact relative to allowing the structure to be
used as a meeting facility for vadous civic and citizen groups. Requests have been
received for consideration to rent or lease the facility outdght for business purposes.
Issue #6
What specific preference does this Council have on the use of the
facility?
Does it prefer a public or private use?
If private, profit or non-profit?
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 25, 1996
7:00 P.M. OR SOON THEREAFTER
CITY COUNCIL CtlAM~ERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 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 of ten
minutes per speaker (R-95-33)
1. CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous consent of the Council
members present (R-95-33)
96.208
15
96.209
7.
8.
9.
17-49
96.103
51-52
96.210
53-56
96.211
57-58
96.212
59-60
96.213
61-63
PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
Proclamation - Constitution Week - 9/17/96 - 9/23/96 - Sebastian Chapter of Daughters
of American Revolution - Betty Bock Accepting
B. Presentation - C.J. Yarema - Sebastian Business Council ~ Sebastian Welcome Signs
CITY ATTORNEY MATTERS ~ ~-~L,_~.,.-, io~,v~, .4~,_ f~,~ cq~'
CITY MANAGER lVIA,~RS
CONSENT AGENDA
,dH 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.
A. Approval of Minutes - 9/5/96 Special (Quasi), 9/6/96 Specrhl (Budget), 9/11/96 Regular
Approve Future Reimbursement &Expenses - Mayor Cartwright and Vice Mayor Barnes
Attendance at Advanced Institute for Elected Officials - 10/11/96 - 10/12/96 - Lake Buena
Vista (City Clerk Transmittal 9/25/96, Institute Agenda)
Chamber of Commerce - Santa Sail-In/Winter Wonderland - Request Use of Riverview
Park - 11/29/96 through 1/6/97 - Electricity - Close Indian River Drive between Yacht
Club and Riverview Park and Fellsmere Road between Indian River Drive and U.S. 1 on
12/6/96 (City Clerk Transmittal 9/19/96, Chamber Letter 9/12/96, Police Chief Memo
9/18/96)
Recreation Department of Vero Beach/Indian River County - Halloween Parade and
Costume Judging - 10/31/96 - 4 pm to 6 pm - Close Traffic to Indian River Drive from
Main Street to Riverview Park as Parade Progresses (Police Chief Memo 9/18/96,
VBflRC Recreation Memo 9/17/96)
Welcome Wagon Halloween Party - Community Center - 10/25/96 - 7:00 p.m. to 11:00
p.m. - A/B - Security Paid - Permittee Age Confirmed (City Clerk Transmittal 8/29/96,
Application)
Radiology Department of Indian River Memorial Hospital - Christmas Party - 12/13/96 -
7:30 p.m. to Midnight - AfB - Security Paid - Permittee Age Confirmed (City Clerk
Transmittal 9/9/96, Application)
2
96.110
~-~
96.002
71-74
10.
PUBLIC IIEARFNG
Procedures for public hearings: (R-95-33)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
· Staff Presentation
· Public Input - Limit of 10 Minutes Per Speaker
· StaffSummation
° Mayor Closes Hearing
· Council Action
Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the
Podium and State His/Her Name for the Record
Second Reading. Public.Hearing and Adoptionof Ordinance No. 0-96-22 - CDBG
Special Revenue Fund .(Finance Director Transmittal 9/18/96L O-96-22)
ORDINANCE NO. 0-96-22
AN ORDINANCE OF THE CITY COUNCIL OF ~ CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, CREATING AND ESTABLISHING A
SPECIAL KEVENUE FUND FOR THE COMbIUNITY DEVELOPMENT BLOCK
GRANT AND ADOPTING A CDBG BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996;
DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE
ACTMTIES OF THE CDBG PROGRAM AND ESTIMATING RECEIPTS FOR TI~
FISCAL YEAR; PROVIDING FOR SEVEKABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/28/96,
Advertised Legal 9/11/96, PH 9/25/96)
Second Reading. Public Heating and Adoption of Ordinance No. 0-96-23 - Riverfront
Waterline Assessment Pro_?am Fund ffinance Director Transmittal 9/18/96, 0-96-23)
ORDINANCE NO. O-96-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA ESTABLISHING AN AGENCY FUND FOR
'rI-{E RIVERFRONT WATERLINE ASSESSMENT PROGRAM; PROVIDING FOR
SEVEKABrLITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTiVE DATE. (lst Reading 8/28/96, Advertised Legal 9/11/96, PH 9/25/96)
96.191
7.5-80
96.192
81-88
96.141
89-93
Second Public Heating and Adoption of' Ordinance No. O-96,25 - Mini-Storage in
PUD-C (Communi~ Development Transmittal 9/17/96. O-96_-25)
ORDINANCE NO. 0-96-25
AN ORDINANCE OF THE CITY OF SEBASTIAN, IND~ RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING
CONDITIONAL LAND USE IN COMMERCIAL PLANNED UNIT DEVELOPMENT,
PERMITTED LAND USE IN THE INDUS~ DISTRICT, PROVIDING FOR A
DEFINITION OF MINI-STORAGE; PROVff)ING FOR CODIlVICATION;
PROVIDING F0~ CONFLICTS; PROVIDING FOR SEVEKABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/28/96, Advertised Display
9/4/96, 1st PH 9/11/96, Advertised Display 9/18/96, 2nd PH 9125196)
Second Reading. Public Heatingand Adoption of Ordinance No...O-96-26 - Fences and
Walls (Communi~ Development Transmittal 9/17/96. O,96-26)
ORDINANCE NO. 0-96-2~q:-
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING
HEIGHT OF FENCES AND WALLS, TEMPORARY CONSTRUCTION FENCES,
TYPES OF FENCES, PROHIBITED FENCES AND WALLS, AND BARBED WIRE
FENCES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE
DATE. (lst Reading 8/28/96, Advertised Legal 9/11/96, PH 9/25/96)
Second Reading. Public Hearing and Adoption of'Ordinance No. 0-96,27 - Tree Adviso~
Board Alternate Members (Community_ Development Transmittal 9/17/96, 0-96-27..)
ORDINANCE NO. O~96-27
AN ORDINANCE OF THE CITY OF SEBASTIAN, IlXlDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE PROVIDING FOR
ALTERNATES ON THE TREE ADVISORY BOARD; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading
8/28/96, Advertised Legal 9/11/96, PH 9/25/96)
4
11.
96.214
95-96
12.
96.119
13.
96.032
97-104
96.215
105-107
96.013
109
96.012
111
96.216
113-120
COMMITTEE REPORTS/RECOMMENDATIONS
A. Construction Board
i. Accept Letter of Resignation from Truman Smith (Community Development
Transmittal 9/17/96, Smith Letter)
OLD BUSINESS
A. Appointment of Large Strategic Plan Committee (Backup Forthcoming)
NEW BUSINESS
A. Blackhawk Quarry Company of Florida, Inc. ~ Use of Cemented Coquina Rock on
Runway 4-22 Reconstruction - Presentation by Representatives of Blackhawk Quarry
(City Manager Transmittal 9/18/96, 9/5/96 & 9/10/96 Tomasello Letters)
B. Reschedule November and December City Councd Meetings (City Clerk Transmittal
9/11/96, Calendars)
C. Review/Evaluation Procedures for City Attorney (Cartwright Memo 9/17/96)
D. City Manager Salary Increase (Cartwright Memo 9/16/96)
Approve Resolution No. R-96-69 - Grant Application - National Tree Trust (Community_
Development Transmittal 9/17/96. R-96,69. Application)
RESOLUTION NO, ]8-96-6,9
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, SUPPORTING AN APPLICATION TO ~ NATIONAL TREE TRUST
COMMUNITY TREE PLANTING PROGRAM, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMiT THE APPLICATION, AND PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
I--~REWITH; PROVIDING FOR SEVEKAB1-LITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
96.112
121-125
14.
15.
16.
F. Approve Resolution No. R-96-71 - Conceptual Stormwater Master Plan Prepared bvy
Craven Thomnson & Associates (City_ Manager Transmittal 9/18/96. R-96-71)
RESOLUTION NO. R-96-71
A RESOLUTION FORMALLY ACCEPTING THE STORMWATER MANAGEMENT
SYSTEM CONCEPTUAL MASTER PLAN FOR THE CITY OF SEBASTIAN,
PROVIDING DIRECTION TO THE CITY MANAGER FOR TI-IE PREPARATION OF
A PROPOSED ORDINANCE FOR THE CREATION OF A PROPOSED STORM
WATER UTILITY AND PROVIDING FOR AN EFFECTIVE DATE.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit of ten minutes for each speaker
crrY COUNCIL MATTERS
A. Mr. Richard Taracka
B. Mayor Louise_.Cartwfight
C. Yice Mayor Walter Barnes
D. Mrs. NormaDamp
D. Mr. Raymond Halloran
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY
MATTER CONSIDF_.t~D AT THIS MEEI2NG (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEF_.D1NGS IS MADE, WHICH RECORD
1NCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. O105 F.S.)
1N COMPLIANCE WITH THE ~CANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEET1NG SHOULD CONTACT THE CiTY'S ADA COORDINATOR AT 589-5330 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEET~G.
Upcoming Ci~ Council Meetingv:
Workshop - Wednesday, October 2, 1996 - 6p.m.
Regular Meeting - Wednesday, October 9, 1996 - 6p.m.
Special Meeting - Quasi Hearings - Wednesday, October 16, 1996 - 6p.m. (R-96-53)
Meeting - Wednesday, October 23, 1996 - 6p.m.
6
WHEREAS, Our Founding Fathers, in order to secure the blessings
of liberty for themselves and their posterity, did ordain and establish a
Constitution for the United States of America; and
WHEREAS, It is of the greatest importance that all citizens fully
understand the provisions and principles contained in the Constitution. in order to
effectively support, preserve and defend it against all enemies; and
WHEREAS, The two hundred ninth anniversary of the Signing of the
Constitution provides an historic opportunity for all Americans to remember the
achievements of the Framers of the Constitution and the rights, privileges, and
responsibilities they afforded us in this unique document; and
WHEREAS, The independence guaranteed to American citizens, whether
by birth or naturalization, was celebrated by appropriate ceremonies and
activities during Constitution Week, September 17 through 23, as designated by
proclamation of the President of the United States of America in accordance with
Public Law 915,and
NOW THEREFORE, I, Louise R. Cartwright, Mayor of the City of
Sebastian, do hereby proclaim September 17 through 23 as "Constitution
Week", and remind all citizens to reflect on the many benefits of our Federal
Constitution and the privileges and responsibilities of American citizenship.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of the City of Sebastian, Indian River County, Florida this 13th day of
September, 1996.
Attest:
Louise R. Cartwright, Mayor
KathrymM. O'Halloran, City Clerk
City of Sebastian
1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
THURSDAY, SEPTEMBER 5, 1996 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEA/[S MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN,, FLORIDA
Mayor Cartwright called the Special Meeting to order at 7:00 p.m. Mr. Taracka led the Pledge of
Allegiance.
City_ Council Present:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr~ Richard Taracka
StaffPresent:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
City Planner, Robert Massarelli
Deputy City Clerk, Sally Maio
Special City Council Meeting
September 5, 1996
Page Two
3. OUASI-JU'I)ICIAL ItEARINGS. FINAL ACTiON
Procedures for Quasi-.ludicial Hearings as Follows ('In accordance with R-95-39}:
o Mayor Opens Hearing-Outlines Rules
· City Attorney reads Ordinance or Resolution (if Applicable)
· ClerkAdministers Oath
· Disclosure of Ex-Parte Communication
StaffPresentation
° ApplicantPresentation - 15Minutes
o Inquiry of Applicant
° Proponents' Testimony- 3 Minutes or 10 Minutes if Representing 5 or More
° Inquiry of Proponents
o Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if
Representing 5 or More
· Inquiry of Opponents
° Informational Testimony - 3 Minutes or lOMinutes if Representing 5 orMore
· Closing of Public Informational Period
o Staff Response and Summary - 10 Minutes
Applicant's Rebuttal Presentation - 10 Minutes
° Board and Staff Inquiry
° City Council Action
96.193
Morchesky/Fischer Sandmining Special Use Permit - Resolution No. R-96-66
(Communi~Development Transmittal 8/27196. Application. StaffReoort w/Exhibit
P & Z RecommendationLLocation Map. Mosby Plans Under Separate Cover) -
RESOLUTION NO. R-96-66
A RESOLUTION OF TI-lB CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR
THE MIN1-NG OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-
2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN TO
HENRY FISCHER & SONS FOR TIlE MORCHESKY PROPERTY CONSISTING OF
10.41 ACRES, MORE OR LESS AND LOCATED IN A PORTION OF THE
NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39
EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR COMPLIANCE WITH THE REQUIREMENTS OF TIlE LAND
DEVELOPMENT CODE OF TIlE CITY OF SEBASTIAN; PROVIDING FOR THE
IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE
PERMIT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (Letters 8/20/96, Advertised Legal
Notices 8/29/96)
Special City Council Meeting
September 5, 1996
Page Three
Mayor Cartwright opened the public hearing at 7:02 p.m., the City Attorney read
Resolution No. R-96-66 by title only, and the City Clerk administered an oath to all those
who intended to offer testimony. No member had ex-parte communication to disclose.
The City Planner gave a lengthy staff report, reported that Board of Adjustment had
granted a variance to the setback requirement for the west, north and east property lines
on September 3, 1996 and recommended adoption of Resolution No. R-96-66.
Charles Cramer, Project Coordinator, Fischer and Sons, said they had a sandmining permit
on this site issued in 1990 which had expired, that this was a request to complete the
project, that the 4 to 1 slope currently exists and the property is already mined to within 2
to 3 feet of lot lines. He said the project should be complete by spring.
Mr. Cramer responded to questions from City Council relative to the possibility of
undermining surrounding properties, future plans to seed and mulch, possibility of future
industrial subdivision on the site, ingress and egress to the north, and use of the road
improved by an abutting sandmine owner.
The City Planner read a letter from Richard Fey, L.I. Tree Service objecting to the mining
being allowed within two feet of the lot line adjacent to his property and other issues. He
responded to each of Mr. Fey's concerns.
TAPE I - SIDE Ii (7:47 p.m.)
Mr. Taracka expressed concern regarding dust control and the equity of one property
owner and not another being required to construct a road for similar use.
Randy Mosby, Mosby and Associates, engineer for the project, said he had designed the
road and that design and survey had been paid for by Fischer and Sons. He said a
previous plat required the road.
Vice Mayor Barnes disclosed that he had visited the site today.
The City Planner noted that Mr. Fey's special use permit for sandmining did not require
the construction of the road.
Bob Freeland, 733 Wentworth Street, Sebastian, spoke on behalf of Mr. Fey and
expressed concern for the alleged "double standard" in Sebastian. He said the former
mayor had written to Indian River County requesting the road construction by Mr. Fey.
Richard Brown, 11099 South Old Dixie Highway, objected to the project.
3
Special City Council Meeting
September 5, 1996
Page Four
Larry Driver, 462B DelMonte Road, Sebastian, expressed concern for sinkholes in the
area and was assured by the City Planner that it was highly improbable to see sinkholes in
Sebastian because of its geography.
Mayor Cartwright closed the public information period at 8:15 p.m.
Randy Mosby presented photos into the record showing different grades in the city.
MOTION by Damp/Cartwright
Since th'~"finding of the Board of Adjustment has approved the use and meets all
requirements of the Code of Ordinances and Land Development Code and is consistent
with the comp plan, I move to adopt Resolution R-96-66.
ROLL CALL:
Mr. Barnes - nay
Mrs. Damp - aye
Mr. Halloran -aye.>
Mr. Taracka - nay
Mrs. Cartwright - aye
MOTION CARRIED 3-2 (Barnes, Taracka - nay)
96.117
Skillman Rezoning r Ordinance lqo. O-96-17 (Communi _tyZ)evelopment Transmittal_
O~96--17L Application. Area Map. StaffReport. P & Z Recommendation 8/2/963
ORDINANCE NO. O-96-17
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REZONING CERTAIN PROPERTY LOCATED SOUTH OF MAIN
STREET, EAST OF J & W SUBDIVISION AND 100 FEET WEST OF THE U.S.
POST OFFICE PROPERTY, COMPRISED OF 5.6 ACRES MORE OR LESS, FROM
CL (COMMERCIAL LIMITED) TO RM-8 ('MEDIUM DENSITY MULTIPLE
FAMILy; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading, 8/14/96, Letters
8/19/96, Legal Ad 8/22/96)
Mayor Camvright opened the public hearing at 8:20 p.m., the City Attorney read
Ordinance No. O-96-17 by title, and the City Clerk administered an oath to anyone who
intended to offer testimony.
Roger Skillman, owner of the property, briefly addressed City Council.
The City Planner reiterated the staff report as submitted in the agenda packet and
recommended approval.
Special City Council Meeting
September 5, 1996
Page Five
No member had ex-pane communication to disclose.
Mayor Cartwright closed the public information period at 8:30 p.m.
MOTION by Halloran/Barnes
I move to approve Ordinance 0-96-17.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARR.I~D 5-0
Mayor Cartwright called recess at 8:30 p.m. and reconvened the meeting at 8:45 p.m.
members were present.
96.174
Sembler CLUP - Ordinance No. O-96-18 (.Community Development Transmittal_
O-96-18. Application. Area Map. StaffReport. P & Z Recommendation. 8/2/96)
ORDINANCE NO. 0-96-18
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO TI-IE
COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP
FROM CL (COMMERCIAL LIMITED) TO CW (COMMERCIAL WATEKFRONT)
FOR TWO PARCELS OF LAND CONSISTING OF 4.48 ACRES, MORE OR LESS,
LOCATED EAST OF NORTH CENTRAL AVENUE, SOUTH OF DAVIS STREET,
AND WEST OF INDIAN RIVER DRIVE; FI2qDING THAT THE COMPREHENSIVE
PLAN AMENDMENT QUALIFIES AS A SMALL SCALE AMENDMENT UN-Dm
FLORIDA STATUTES SECTION 163.3187 (1)(C); PROVIDING FOR A COPY OF
THE SMALL SCALE AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS
REQUIRED BY FLORIDA STATUTES SECTION 163.3187 (4); PROVIDING FOK
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
t{EREWITH; PROVIDING FOR SEVERABtLITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (1 st Reading, 8/14/96, Letters 8/19/96, Display Ad 8/22/96)
Special City Council Meeting
September 5, 1996
Page Six
The City Attorney read Ordinance No. 0-96-18 by title only, Mayor Cartwfight opened
the public hearing at 8:46 p.m., and the City Clerk administered an oath to anyone who
intended to offer testimony.
The City Planner reiterated his staff report as submitted in the agenda packet for this and
the next item and recommended approval.
TAPE II - SIDE I (8:50 p.m.)
The City Planner completed his report and recommended approval.
Buzz Underill, 1616 North Indian River Drive, Sebastian briefly addressed City Council.
Mayor Cam~ght closed the public information period at 9:-00 p.m.
MOTION by Taracka]Damp
I move to approve Ordinance O-96-18.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
96.174
Sembler Rezoning - Ordinance No. O,96-19 (Communi~ Development
Transmittal 8/7/96. O-96-19. Application. Area Man_ StaffRer~ort. P & Z
Recommendation 8/2/96'B
ORDINANCE NO..0,,-9.6-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REZONING CERTAIN PROPERTY LOCATED EAST OF NORTH
CENTRAL AVENUE, SOU'I~ OF DAVIS STREET AND WEST OF IND~ RIVER
DRIVE, COM?RISED OF 4.48 ACRES MORE OR LESS, FROM CL (COMMERCIAL
LIMITED) TO GMC (GENERAL MARINE COMMERCIAL); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading, 8/14/96, Letters 8/19/96, Display Ad 8/22/96)
6
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Special City Council Meeting
September 5, 1996
Page Seven
Mayor Cartwright opened the public hearing at 9:00 p.m.
The City Planner noted this ordinance will not become effective until the day after the
effective date of the land use plan ordinance O-96-18 which is 31 days at~er adoption and
recommended app__roval. ..
The City Attorney read Ordinance No. O-96-19 by title only. The City Clerk had
previously administered an oath on this subject property.
No member had ex-parte communication to disclose.
Buzz Underill addressed City Council on uses of the propertY.
Mayor Cartwright closed the public information period at 9:02 p.m.
MOTION by Bames/I~Ialloran
I recommend approval of' Ordinance No. 0-96-19.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
Special City Council Meeting
September 5, 1996
Page Eight
96.175
E. H.D. Adams - Collier Creek Estates CLUP - Ordinance No. 0-96-20 (Communitv~
Development Transmittal. O~96..20. Application. Area Man. StaffReport_ P &Z
Recommendation 8/2/96~
ORDINANCE NO. O-96-20
AN oe, DIN/eqc! OF mE CITY OF SEB^STt , INm rovER cou Y,
FLOmD& PROVING ^ SMALL SCALE X tENDM rr TO THE
COMPREHENSIVE PLAN WHICH AMENDS TH]E FUTURE LAND USE MAP
FROM IN (INSTITUTIONAL) TO LDR (LOW DENSITY RESIDENTIAL) FOR
FOUR PARCELS OF LAND CONSISTING OF 9.45 ACRES, MORE OR LESS, IN
SEBASTIAN HIGHLANDS UNIT 16 AND IDENTIFIED AS TRACTS C, D, E AND A
PORTION OF F; FINDING THAT ~ COMPREHENSIVE PLAN AMENDMENT
QUALIFIES AS A SMALL SCALE AMENDMENT UNDER FLORIDA STATUTES
SECTION 163.3187 (1)(C); PROVIDING FOR A COPY OF TI-IE SMALL SCALE
AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS REQUIRF~ BY
FLORIDA STATUTES SECTION 163.3187 (4); PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (1 st Reading, 8/14/96, Letters 8/19/96, Display Ad 8/22/96)
Mayor Cartwright opened the public heating at 9:03 p.m., the City Attorney read
Ordinance No. 0-96-20 by title, and the City Clerk administered an oath to all those who
intended to offer testimony.
No member had ex-pane communication to disclose.
The City Planner reiterated his staff report as submitted in the agenda packet for this and
the next item and recommended approval.
John King, Century 21/Realty King, responded to inquiry from Mayor Cartwright, stating
that the other portion of Tract F will be in a drainage lake.
Mayor Cartwfight closed the public information period at 9:17 p.m.
A brief discussion took place on the proposed city stormwater lake, a portion of which
was intended to be located on the subject property. The City Manager said the city does
not own the property, therefore, is not in a position to stop this development.
8
Special City Council Meeting
September 5, 1996
Page Nine
MOTION by BamestTaracka
I recommend approval of Ordinance 0-96720.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
,..:~_.:, Mr. Halloran - aye .-
Mr. Taracka - aye
MOTION CARRIED 5-0
96.175
Fo
H.D. Adams - Collier Creek EstatesRezoning - Ordinance No. O-96-21 (Communiw_w
Development Transmittal. O-96-21. Application. Area Map. StaffReport, P & Z
Recommendation 8/2/963 ':"
ORDINANCE.NO. O-96-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLOKIDA, REZONING CERTAIN PROPERTY LOCATED IN SEBASTIAN
HIGHLANDS UNIT 16 AND IDENTIFIED AS TRACTS C, D, E AND A PORTION
OF F, COMPRISED OF 9.45 ACRES, MORE OR LESS, FROM PS (PUBLIC
SEKVICE) TO RS-10 (R.ESIDENTIAL SINGLE FAMILY); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (1 st Reading, 8/14/96, Letters 8/19/96, Display Ad 8/22/96)
Mayor Cartwright opened the public hearing at 9:20 p.m., the City Attorney read
Ordinance No. 0-96-20 by title and no member had ex-parte communication to disclose.
The City Planner briefly reiterated his staff report as submitted in the agenda packet and
recommended approval.
Mayor Cartwright closed the public information period at 9:21 p.m.
Special City Council Meeting
September 5, 1996
Page Ten
MOTION by Halloran/Damp
I move to approve Ordinance No. 0-96-21.
ROLL CALL:
Mr. Barnes
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Camvri~t
= aye
= aye
- aye
- aye
MOTION CARRIED 5-0
Being no further business, Mayor Cartwright adjourned the Special Meeting at 9:23 p.m.
Approved at the
,1996, Regular City Council Meeting.
Louise R. Cartwright
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
10
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [~ FAX (407) 589-5570
MINUTES
SEBASTiAN CITY COUNCIL
SPECIAL MEETING
PUBLIC HEARING AND TENTATIVE ADOPTION
1996/97 FY MILLAGE AND BUDGET
FRIDAY, SEPTEMBER 6, 1996 - 7:00 P.M.
CITY COUNCIL CBAMBERS
1225 MAIN STREET, SEBASTIAN, FLORiDA
ALL AGENDA ITEMS MAY BE iNSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN,, FLORIDA
Mayor Cartwfight called the Special Meeting to order at 7:05 p.m.
The Pledge of Allegiance was led by Mr. Halloran.
o
ROLL CALL
City_ Council Present:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norrna Damp
Mr. Raymond Halloran
Mr. Richard Taracka
Staff.Present:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Finance Director, Joel Haniford
Assistant Finance Director, Janet Isman
Chief of Police, Randy White
City Planner, Robert Massarelli
Deputy City Clerk, Sally Maio
Special City Council Meeting
Budget Heating
September 6, 1996
Page Two
The City Manager gave a brief presentation on procedures and statutory
amendments and distributed revised transmittals reflecting amended action (see
attached Exhibits A and B). He requested that Chief White be permitted to
address City Council on a position reclassification.
STAFF BUDGET PRESENTATION
REVENUE OVERVIEW
EXPENDITURE OVERVIEW
CAPITAL IMPROVEMENT PROGRAM OVERVIEW
The Finance Director distributed additional backup (see attached Exhibits C and
D) to City Council and audience members and gave an oveb2iew of revenues and
expenditures and a brief overview of capital improvements. He said capital
improvements will be addressed in greater detail at a workshop next month.
PUBLIC ItEARING AND TENTATIVE ADOPTION OF_1996/97 FY
MILLAGE AND BUDGET
1996/1997 Fiscal Year Pronosed Milla~e - 6.900 Mills - First ReadinW
Public Heating and Tentative Adoption of Ordinance No. 0.-96-28 - 2n~l
Public Heating and Final Adoption Scheduled for 9/18/96
ORDINANCE NO. O-96-28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA ADOPTING A
PROPOSED MILLAGE RATE OF 6.900 FOR THE CITY'S GENERAL
OPERATING FUND FOR THE FISCAL YEAK BEGINNING OCTOBER
1, 1996 AND ENDING SEPTEMBER 30, 1997; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Cartwright opened the public heating at 7:25 p.m. and the City
Attorney read Ordinance No. 0-96-28 for the first time by title only.
Being no public input, Mayor Cartwright closed the public hearing at 7:26
p.m.
2
Special City Council Meeting
Budget Hearing
September 6, 1996
Page Three
MOTION by Barnes/I-Ialloran
I move to adopt a tentative millage of 6.900 mills which is ninety-
three one hundredths percent (.93%) less than the rolled back rate of 6.965
mills. ... ~.: .- .-
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
MOTION by Bamearraracka
I move to accept the first reading of Ordinance 0-96-28 which
establishes a millage rate of 6.900 mill which is ninety-three one hundredths
percent (.93%) less than the rolled back rate of 6.965 mills; publish the
appropriate budget ad on Saturday, September 14, 1996; and set the final
public hearings on budget for Wednesday, September 18, 1996 at 7:00
p.m. at City Council Chambers.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
Special City Council Meeting
Budget Heating
September 6, 1996
Page Four
1996/1997 Fiscal Year Tentative Budget - First Reading/Public Heating
and Tentative Adoption of Ordinance No. O-96~29 - 2nd Public Heating
and Final Adoption Scheduled for. .9/18/96
· :. ~.= ORDINANCE NO. O-96=29
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A
BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1996
AND ENDING SEPTEMBER 30, 1997; DETERMINING AND FIXING
THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT
FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF
APPLICABLE FUNDS ON HAND; ESTIMATINg:RECEIPTS FOR THE
GENERAL FUND, EXH~IT "A"; CDBG FUND, EXHIBIT "B'; GOLF
COURSE FUND, EXHIBIT "C"; AIRPORT FUND, EXHIBIT "D";
CEMETERY TRUST FUND, EXHIBIT "E"; LAW ENFORCEMENT
CONFISCATED/ABANDONED TRUST FUND, EXHIBIT "F"; LAW
ENFORCEMENT EDUCATION TRUST FUND, EXHIBIT "G"; PUBLIC
SAFETY EMPLOYEE TRUST FUND, EXHIBIT "Fl"; GENERAL
GOVERNMENT EMPLOYEE TRUST FUND, EXHIBIT 'T'; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Cartwright opened the public hearing at 7:29 p.m. and the City Attorney
read Ordinance No. 0-96-29 for the first time by title only.
The Chief of Police distributed documentation showing current and proposed flow
charts (see attached Exhibit E) for the Police Department and requested the
reclassification of one sergeant to a new lieutenant position and moving an officer
to fill the sergeant position.
Sal Neglia, 461 Georgia Boulevard, Sebastian, questioned the need for fencing in
the Central Garage. The City Manager responded that the fence will decrease the
likelihood of theR and protect the city's liability.
The Finance Director noted the fence is in the current budget.
4
Special City Council Meeting
Budget Hearing
September 6, 1996
Page Five
Tut Connolly, 149 Kildare Drive, Sebastian, suggested four sergeants and one new
lieutenant position.
TAPE I - SIDE II (7:50 p.m.)
Mr. Connolly continued, handing out a flyer regarding the discomfort of audience
seating and requesting new chairs. Discussion took place on source of funds.
J.W. Thompson, 125 Main Street, Sebastian, questioned the employee distribution
form submitted by the Finance Director at the beginning of the meeting, noting a
need for correction for the reclassification of the City Planner to Community
Development Director. The City Manager said a correction would be made.
Bob Freeland, 733 Wentworth Street, Sebastian, questioned the reduction in
reserves and the Finance Director explained that all of the fund balance need not be
reflected in the budget unless needed to balance expenditures and revenues.
Mayor Cartwright closed the public hearing at 8:10 p.m.
It was the consensus of City Council to concur with ChiefWhite's request for
reclassification of a sergeant to lieutenant.
Mayor Cartwright suggested increasing the amount budgeted for council chairs
from $2300 to $5000, keep the chairs it has, reshape the council dais and purchase
new chairs for audience members. Discussion followed as to whether those chairs
can be purchased with capital funds. The City Manager said in-house costs will be
added to the overall cost when undertaken and that he could give Council a budget
adjustment at the next hearing. It was the consensus of City Council to concur
with the Mayor's recommendation.
MOTION by Halloran/Damp
I move to adopt a tentative budget and accept the first reading of
Ordinance 0-96-29; publish the appropriate budget ad on Saturday, September 14,
1996; and set the final public heatings on budget for Wednesday, September 18,
1996 at 7:00 p.m. at City Council Chambers.
He went on to list the budget amounts as follows:
Special City Council Meeting
Budget Hearing
September 6, 1996
Page Six
6. Mayor
General Fund $
CDBG Fund
Golf Course Fund
Airport Fund ..;;....::.-
Cemetery Trust Fund
Law Enforcement Confiscated Trust Fund
Law Enforcement Education Trust Fund
Public Safety Employee Trust Fund
General Government Employee Trust Fund
8,220,120
513,620
1,336,900
318,830
68,550
29,950
3,205
8,630
Total
$ 10,503,405
ROLL CALL:
Mr. Halloran
Mr. Taracka
Mrs. Canwright
Mr. Barnes
Mrs. Damp
- aye
- aye
- aye
~ aye
MOTION CARRIED 5-0
IN ACCORDANCE WITH FS 200.065 - Prior to conclusion of the
hearing, the governing body of each taxing authority shall amend the
budget as it sees fit, adopt the amended tentative budget, recompute its proposed
millage rate, and publicly announce the percent, if any, by which the recomtmted
proposed millage rate exceeds the rolled-back rate computed pursuant to subsection
(0.
Not applicable.
Cartwright adjourned the Special Meeting at 8:20 p.m.
6
Special City Council Meeting
Budget Hearing
September 6, 1996
Page Seven
Approved at the
,1996, Regular City Council Meeting.
Louise R. Cartwfight
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
7
City of Sebastian
I 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
I SEBASTIAN CITY COUNCIL
I ,..:-:_ MINUTES
REGULAR MEETING
I WEDNESDAY, SEPTEMBER 11, 1996 -7:00 P.M.
CITY COUNCIL CHAMBERS
I 1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF 15~ CITY CLERK
I - 1225 MAINSTREET, SEBASTIAN, FLORIDA
I 1. Mayor Cat,wright called the Regular Meeting to order at 7:00 p.m.
i 2. The Pledge of Allegiance was recited.
i 3. No one was available for invocation.
4.
i City Council Pr¢~¢m; StaffPresent:
Mayor Louise Cart-wright City Manager, Thomas Frame
Vice Mayor Walter Barnes City Attorney, Valerie, Settles
I Mrs. Norma Damp City Clerk, Kathryn O Halloran
Mr. Raymond Halloran City Planner, Robert Massarelli
i Mr. Richard Taracka Finance Director, Joel Haniford
Golf Course Manager, Pat Cerjan
I Deputy City Clerk, Sally Maio
I
I
Regular City Council Meeting
September 11, 1996
Page Two
96.194/
95.147
96.195
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous consent of the Council
members present (R-95-33)
None.
PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
Ao
Hovman. Dobson & Comnanv - Review of Golf Course Poli~ and Procedure Manual
(City_ Manager Transmittal 9/4/96. Accountant's Recommendations. StaffResnonse~
Debbie Bradley, Audit Manager, Hoyman, Dobson & Co., briefly addressed City Council,
referring to Hoyman, Dobson's letter to the City Council d~ited July 23, 1996.
The Golf Course Manager addresse~i' City Council on Hoyman Dobson's findings. He said
the recommendations will be implemented immediately.
Ms. Bradley commended Mr. Cerjan.
Tree Adviso~ Board Presentation (Community Development Transmittal 9/4/96. Tree
Maintenance Manual. Field Cards)
The City Planner presented the tree maintenance manual and field cards on behalf of the
Tree Advisory Board.
CiTY ATTORNEY MATTERS
The City Attorney said she had given the City Manager drafts of quasi-judicial procedures and
charter revisions, which she has requested be workshopped.
CITY MANAGER MATTERS
The City Manager gave a brief progress report on the police station; said he had received a letter
from T.G. Rogers, Land Acquisition Committee member regarding the St. Sebastian PUD
acquisition inquiring whether the city had any interests in use &the property.
2
Regular City Council Meeting
September 11, 1996
Page Three
He said it was his intent to send a letter to Carolyn Corum stating the city's need for a aviation
easement for runway 9-27 and for Gibson Street right-of-way.
Mr. Halloran inquired whether this area could be used as a mitigation source. The City Planner
said County staff is preparing a habitat conservation plan and noted that he has requested they
include the entire area of Sebastian, therefore, this site will be wrapped in to the mitigation of the
entire area.
The City Manager discussed an airport tie-down fee resolution which had been deferred by a
previous Council. He advised that he will send out the required sixty day notice as required by a
previous resolution unless there is objection by Council and bring b.~ck the resolutions. City
Council concurred that he send notice.
96.196/
94.181
96.198
CONSENT AGENDA
All 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.
A. Approval of Minutes - 8/28/96 Workshop, 8/28/96 Regular, 8/29/96 Cable Forum
Adopt Resolution No. R-96-65 - Blue Cross/Blue Shield Renewal Rates - Option 2
['Humar~ Resources Director Transmittal 8./27/96. R-96-65)
RESOLUTION NOt R-96-65
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT, ON BEHALF OF
THE CITY OF SEBASTIAN, THE NEW BLUE CROSS/BLUE SHIELD HEALTH
INSURANCE PREMIUM RATES; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PAR. TS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
Bid Award - Public Works Engineering Blueprint Copier Counter Top Model 7050 w/out
Stand - OCE'-USA Inc. of Orlando - $5,327 (Public Works Transmittal 9/5/96, Bid
Summary and Tabulation Sheet, Warranty/Guarantee Information, Bid Documents
on File in City Clerk's Office)
Regular City Council Meeting
September 11, 1996
Page Four
96.199 D.
Schedule Workshop for 9/25/96 at 6:00 p.m. - Discuss Private Use of City Owned
Property or Interests (City Manager Transmittal 9/5/96)
96.200 E.
April Crocker - Wedding Reception - Community Center Request ~ 10/26/96 - 5:00 p.m.
to 9:00 p.m. - AfB - Security Paid (City Clerk Transmittal 9/4/96, Application)
The City Manager:read the consent agenda and the City Attorney read Resolution No.
R-96-65 by title only.
Mayor Cartwright removed items A and B, Vice Mayor Barnes removed item C.
MOTION by Damp/Halloran
So moved. (To approve items D and E of the
ROLL CALL:
cons~gt agenda)
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Camvright - aye
MOTION CARRIED 5-0
ITEM A - Minutes - 8/28/96 Regular Meeting
Mayor Cartwright amended a sentence on page five of the August 28, 1996 regular
meeting minutes to read "Mayor Cartwright recommended the provision regarding
approval of future editions within 90 days be added to this ordinance as well".
MOTION by CartwrighffBarnes
i move approval of consent item A as amended.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
4
Regular City Council Meeting
September 11, 1996
Page Five
ITEM B - R-96-65 - Blue Cross/Blue Shield
Mayor Cartwright recommended a minor amendment to Section 1 to add the word
"amended".
MOTION by Cartwright~alloran
I move to approve and adopt Resolution No. R-96-65 as amended.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka ~ aye
Mrs. Cartwdght - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-O
ITEM C -]BIO Award - Copier
Vice Mayor Barnes inquired whether the recommended bid meets all specifications.
City Manager said it did.
MOTION by Bames/Cartwright
I'll move to approve item C of the consent agenda.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION C~D 5-O
The
Regular City Council Meeting
September 11, 1996
Page Six
10.
PUBLIC Il-EARING
Procedures for public hearings: (R-95-33)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
° StaffPresentation
Public Input - Limit oflO Minutes Per Speaker
· StaffSummation.~ ....
° Mayor Closes Heiibing
· Council Action
Anyone YZlshing to Speak Is Asked to Sign Up Prior to the Meeting, Ye'hen Called go to the Podium and
State His/Her Name for the Record
96.191
First Public Heating - Ordinance No. O-96-25 - Mini-Stora~ Facilities - Second Public
Scheduled for 9/2919fi :::
ORDINANCE NO. 0_-.96,25
AN ORDINANCE OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING
CONDITIONAL LAND USE IN COMMERCIAL PLANNED UNIT DEVELOPMENT,
PERMITTED LAND USE IN THE INDUSTRIAL DISTRICT, PROVIDING FOR A
DEFI2%ITION OF MiNI-STORAGE; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/28/96, Display Ad 9/4/96,
1 st Public Hearing 9/11/96, Display Ad 9/18/96, 2nd Public Heating and Final Adoption
9/25/96)
Mayor Cartwright opened the public heating at 7:20 p.m., and the City Attorney read
Ordinance No. 0-96-25 by title only.
The City Planner gave a brief presentation and recommended approval.
Mayor Cartwtight closed the public heating at 7:25 p.m. and announced that the second
public hearing had been scheduled at the first reading on August 28, 1996 and will be held
on September 25, 1996.
Regular City Council Meeting
September 11, 1996
Page Seven
11. COMMITTEE REPORTS/RECOMMENDATIONS
A. Code Enforcement Board
96.171 I.
Interview and Appoint Regular Member. En~neer Position to ThreeYear Term to
ExrfireS/l/99 - Board Recommends Thomas Connelly (Communi~ Development
Transmittal 913/96. Applications. Code Enforcement Memo. 8/22/96)
City Council interviewed John Hearne and Thomas Connelly.
MOTION by Barnes/Taracka ,~
I'll make a motion to appoint Thomas Connelly to i[ie Code Enforcement Board to
fill the engineering position term to expire 8/1/99.
The City Attorney read from the Code of Ordinances relative to engineering position
requirements.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Camvfight - aye
MOTION CARRIED 5-0
B. Construction Board
96.201
Accept Resignation from Wa~e Tozzolo (Communi .tyDevelopment Transmittal
9/3/96_ Tozzolo Letter)
MOTION by Cartwright/Damp
With thanks to Wayne Tozzolo and regret I make a motion to accept ,his
resignation.
Regular City Council Meeting
September 11, 1996
Page Eight
96.202
96.203
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
interview andAppoint Alternate Certified Contractor - to Fill Unexpired
Term Vacatedbv Nicholas Messina - Term to Expire 9/30/97 - Board
Recommends Michael Oliver (Community. Develor~ment Transmittal 9/3/96.
Applications)
iii.
Interview and Appoint Alternate Concerned Citizen - to Fill Unexpired Term
Yacatedby Harold Smith - Term to Expire 9/30/88 - Board Recommends lohn
Heame (CommuniW Development Transmittal 9/3/96_ Applications)
City Council inteviewed Mike Oliver. Mr. Taracka inquired whether there was a conflict
ofimerest since Mr. Oliver serves on the Code Enforcement Board. The City Attorney
said there is a conflict because Construction Board and Code Enforcement Board are both
regulatory boards. Mr. Oliver said he would prefer to stay on the Code Enforcement
Board and his application was withdrawn.
Mayor Cartwright suggested Mr. Heame be appointed to the alternate contractor position
and readvertise for the alternate concerned citizen position. These items were deferred
temporarily while the City Attorney reviewed the Code for requirements for the
Contractor position on the Construction Board.
.
Regular City Meeting
Council
September 11, 1996
Page Nine
C. Handicapped Self-Evaluation Committee
96.204 I. Interview and Armoint Alternate for Three Year Term - Board Recommends
Rearmointment of Catherine Ackerman - No Other Armlications fHuman
Resources Transmittal 8/29/96. Aor~iication'} --
Ms. Ackerman was unavailable for interview.
MOTION by Barnes/Damp
I would make a motion to reappoint her for a three year term.
_' ROLL CALL: Mr. Taracka - aye
Mrs. Cartwright - aye"
Mr. Barnes - aye
Mrs. Damp - aye
' Mr. Halloran - aye
MOTION CARRIED 5-0
12. OLD BUSINESS - None
13. i'xlEW BUSINESS
96.099 A. Avrmint Consultant Selection Committee - Mechanical En~,ineer Prormsals - Police
D~artmcn'c BUildinEt- City_ Manager, Purchasing Agent, P~blic Wor~cslDirector, Police
Chief and Member of City Council (City Manager Transmittal 9/4/96. R-95-22'}
Vice Mayor Barnes volunteered for the position.
MOTION by Cartwright/Halloran
I move to approve the recommendation of the consultant selection committee to
be made up of Vice Mayor Barnes, the City Manager, the Purchasing Agent, the Public
Works Director and the Police Chief.
ROLL CALL: Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED ~k0' Taracka9 -aye
Regular City Council Meeting
September 11, 1996
Page Ten
96.151 B.
Adopt Resolution No~R-96-67 - Falcon Cable Franchise 60 Day Extension from 9/23/96.
.(City_ Manager Transmittal 9/4/96~ R-96-671 R-87-74.. Article IV Code~.
RESOLUTION NO. R-~6-67
A RESOLUTiON. OF Tile CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, GRANTIlqG AN EXTENSION OF AN EXISTI2qG NON-EXCLUSIVE
CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS
ADDITIONAL TIME iS EXTENDED BY PASSAGE OF AN ADDITIONAL
RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE
COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-67 by title only.
The City Manager gave a brief presentation and recommended approval of the sixty day
extension to enable negotiation on the franchise and the draffing of a new franchise
ordinance. He and Mayor Cartwfight made some minor changes in the body of the
resolution.
Harry Thomas, 654 Balboa Street, Sebastian, recommended imposing a performance bond
when the cable franchise is renewed.
TAPE I - SIDE II (7:47 p.m.)
He recommended appointment of a citizen committee.
MOTION by Damp/Cartwright
I move we approve adoption of Resolution R-96-67 to provide for the extension o
of 60 days on the Falcon Cable TV from September 23, 1996 for the franchise to continue
operating under the current franchise with the corrections as amended.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwfight - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRI]~D 5-0
10
Regular City Council Meeting
September 11, 1996
Page Eleven
At this time items 96.202 and 96.203 were addressed. The City Attorney said the
requirements for the Construction Board contractor position do not require flexibility by
the Council and suggested amendment to the provision.
Mayor Cartwright read from John Hearne's application "From 7/85 to 9/95 Mr. Heame
was City Construction Inspection Engineer for the City of Casselberry, Florida..." The
City Attorney said this indicated Mr. Hearne was qualified for the position.
MOTION by Hai~ranfraracka
I move to appoint John Hearn to fill the unexpired term of Nicholas Messina,
Alternate Certified Contractor term to expire 9/30/97.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRI]ED 5-0
Mayor Cartwright requested that the City Clerk advertise for the Alternate Concerned
Citizen position.
96.205
Adopt Resolution No. R-96-68 - GrantofEasement to Christooher Marine - Park Trust -
"Adams" Street Right-of-Way(Community Development Transmittal 9/5/96. R-96-68.
Grant of'Easement)
RESOLUTION NOLR-96-68
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, GRANTING AN EASEMENT TO DANIEL I. PREUSS, TRUSTEE, AS TO
AN UNDIVIDED -25 30 % INTEREST, BARBARA LYNCH, AS TO AN UNDIVIDED
25% INTEREST, BARRY COLE AND CHARLOTTE COLE, I-{IS WIFE, AS TO AN
UNDIVIDED 25% INTEREST, AND ROBERT DACOSTA AND LINDA DACOSTA,
HIS WIFE, AS TO AN UNDIVIDED -25 20% INTEREST, AS TENANTS IN
COMMON TO FACILITATE DRAINAGE WITHIN TI{E ADAMS STREET RIGHT-
OF-WAY; AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST, ON BEHALF OF THE CITY, TIlE GRANT OF EASEMENT; PROVIDING
THAT TIlE GRANTEE SHALL RECORD THE EASEMENT AND FURNISH A
COPY OF ~ RECORDED INSTRUMENT TO THE CITY CLERK; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Regular City Council Meeting
September 11, 1996
Page Twelve
96.098 D.
The City Attorney read Resolution No. R-96-68 by title only.
The City Planner made minor corrections in the title and body of the resolution regarding
the easement percentage distribution.
MOTION by Damp/Taracka
I move that we approve Resolution R-96-68 granting the easement and authorizing
the Mayor to sign and the City Clerk to attest the grant of easement with the following
changes: Mr. Preuss, trustee as to an undivided 30% interest and a change to Mr.
DaCosta and his wife undivided 20%.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Adopt Resolution No. R~96-70 - Support of"Scrub Lot Purchase" by Indian River Board
of Commissioners (City Manager Transmittal 9/5/96, Resolution Forthcoming)
The City Manager distributed Resolution No. R-96-70.
Mayor Cartwright called recess at 8:03 p.m. and reconvened the meeting at 8:15 p.m. All
members were present.
The City Attorney read Resolution No. R-96-70 by title only. The City Manager read the
resolution in full for the benefit of the public and encouraged City Council members to
attend the County hearing on the proposed purchase.
Mayor Cartwright noted two typos in the title.
MOTION by Taracka/Barnes
I move to approve Resolution R-96-70.
12
Regular City Council Meeting
September 11, 1996
Page Thirteen
96.125
ROLL CALL:
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
- aye
= aye
= aye
= aye
MOTION CARRIED 5-0
go
First Readingof Ordinance No. O-96-16 - Outdoor Fire/Control of Opening
Burning.- Set Public Hearing for 10/9/96 - (Ci~ Manager Transmittal 9/4/96. O-
96-16)
ORDINANCE NO. 0-96-16
AN ORDINANCE OF ~ CITY COUNCII, OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 4248 OF THE CITY
OF SEBASTIAN CODE OF ORDINANCES ENTITLED "OUTDOOR FIRES",
CHANGiNG THE TITLE OF SECTION 42-48 TO "CONTROL OF OPEN
BURNING", PROVIDING FOR OPEN BURNING RESTRICTIONS; PROVIDING
FOR EXCEPTIONS AND RESTRICTIONS AGAINST OPEN BURNING;
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-96-16 for the first time by title only.
MOTION by Halloran/Bames
I move to accept the first reading of the Ordinance O-96-16, set the public reading
and public heating for October 9, 1996.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
13
Regular City Council Meeting
September 11, 1996
Page Fourteen
96.206 F.
14.
First Reading of Ordinance No. 0-96-30 - Division of Sin~e Lots - Set Public Hearing
10/9/96 (CommuniW Development Transmittal 9/4/96. O-96~30)
ORDINANCE NO. 0-96-30
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AME~ING TIlE LAND DEVELOPMENT CODE REGARDING
AMENDING TI-IE CLASSIFICATION OF SUBDMSIONS TO INCLUDE DMSION
OF A SINGLE LOT; REGARDING THE RESPONSIBILITIES OF THE PLANNING
AND ZONING COMMISSION; ESTABLISHING PROCEDURES FOR THE
APPROVAL OF THE DMSION OF A SINGLE LOT; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECT~ DATE.
The City Attorney read Ordinance No. 0-96-30 by title only.
The City Planner made some minor corrections to the resolution.
MOTION by Barnes/Taracka
I'II make a motion to approve the first reading of Ordinance 0-96-30 division of
single lots and set the public hearing for 10/9/96.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Hailoran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
INTRODUCTION OF NEW BUSINESS.FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Larry Driver, 462B DelMonte Road, Sebastian, asked if the City Attorney had moved to
Sebastian yet.
14
Regular City Council Meeting
September 11, 1996
Page F~een
15.
16.
Approved at the
crrY COUNCIL MATTERS
A. Mr. Raymond Halloran
None.
~ '~.:_
B. Mr. Richard Taracka
None.
C. Mayor Louise Cartwfight
None.
D. Vice Mayor Walter Barnes
Vice Mayor Barnes suggested a workshop similar to the one held in June to bring new
matters in the next couple of months. Mayor Cartwright said the pending list can be
added.
E. Mrs. Norma Damo
None.
Being no further business, Mayor Cartwright adjourned the Regular Meeting at 8:35 p.m.
,1996, Regular City Council Meeting.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Louise R. Cartwright
Mayor
15
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT:
Prior Approval for ReimburSement
of Expenses-Mayor Cartwright and
Vice Mayor Barnes - Advanced
Institute for Elected Officials
AGENDA NO.
DEPT. ORIGIN
City Clerk ,~, (~[ ~'~
DATE SUBMITTED: 9/12/96
October 11-12, 1996
MEETING DATE: September 1996
25,
APPROVED FOR SUBMITTAL BY: EXHIBITS: Institute Agenda
City Manager: .///~_~r u.). ~
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
Travel & Per Diem $2,000
Education $1,000
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Mayor Cartwright and Vice Mayor Barnes wish to attend the Advanced Institute
for Elected Officials sponsored by Florida Institute of Government in Lake Buena
Vista, Florida on October 11 - 12, 1996.
Section 2-34 of the Code of Ordinances requires prior approval of the City
Council for reimbursement for expenses, subject to limitations set by the State,
which will be incurred in connection with attendance at a conference or function
a City Council member attends on behalf of the City.
RECOMMEN DED....ACT1ON
Approve reimbursement of expenses incurred by Mayor Cartwright and Vice
Mayor Barnes for their attendance at the Advanced Institute for Elected Officials
in Lake Buena Vista, Florida, October 11 -12, 1996, in accordance with State
limitations.
Poat-~ Fax Note 7671 0;.0
Co./D~t~. - .,/ co.'
P~ne 4 P~
The Advanced Institute for Elected Officials I
Om X: Leadership Models and De~ion-making
· ,:'"..'..':: '"';'"' "'"- " T~'~'i~ ~ ~- ~ r.~ Mo ~ Iea'~ om'
This ch.u begins where th. tim IEMO left off and provides eaauive in~orm~on
on boad~; iaveatia& ~ity re~ourcea and creative ~mx~n8 ideas s
Cb.urn
A history ot"plannin& and land-me in lqorida, complete with discus~ons on
oon~n'm~'y, inter~r~nm~n~ coordination and city planning for the f~3tre
Understanding Growth M.qna~ement and lqan.ning In lqorida
Instructor. Tony Arank Florida Counties Foundation I
Clan IV Personnd and Labor Rdatlom: Building Your City's Team
Imtmcto~. Ed Joseph, Employee Rcla~ns Dkcctor, Daytona ~each
An ele~ed of~:hh "Suide" to labor relations, hiring fip~ mt employec
F.~cbday ~eamru a ~dnA lunch ~ & ~ ~ or ~..1"he pros~m rt~
· from 8:30 tnt until.4:00 p.m.,, with breal~. PmiCpaa~ am provided ~ tm~d-out~ I
I
COST: $~o. oo Cmdades lunch both da~s)
DATES for ~996: May 10-! ! in Orlando; October ! ~-~2 in Odando
NOTE: ~ program ~ llmi~sd to parttdpan~ ar E gradmz~ of the IE.~O ta'ogram or
ghose alvcted nmrac~al o. fficmlz who ~ coewl~teg mor~ dsan one term In
Re~igrxdon: Contact Marilyn Crotty at UCF at (40'/) 317-7745
Program Iflformition, mnI~ Kathy ]o~ at the ~til~c of Government: (904) 487-1870.
City of Sebastian
I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT: Chamber of Commerce
Request for Santa's Sail-In.and
Winter Wonderland at Riverview
Park
AGENDA NO.
DEPT. ORIGIN
DATE SUBMITTED:
City Clerk
9119/96
APPROVED FOR SUBMITTAL BY:
MEETING DATE: 9/25/96
EXHIBITS: Letter dated 9/12/96 from
Sebastian River Area Chamber of
Commerce; Letter dated 9118~96 from
I City Manag~ ~/~. Sebastian Police Department
!
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Sebastian River Area Chamber of Commerce has submitted a request for
utilization of Riverview Park, for the holiday season, commencing November 29,
1996 through January 6, 1997. Also request the closing of Fellsmere Rd. from
U.S. I to Indian River Drive and Indian River Drive from the Park to the Yacht Club
on December 6 in the late afternoon and evening.
The Chamber of Commerce has indicated that in the event there are other groups
requesting use of the park facilities, the Chamber will cooperate. A copy of the
request is attached for your information.
RECOMMENDATION
Recommend approval.
I
THE I
Mr. Tom Frame \~ Cit~ ~i~.a. ge'~ ~/
City Manager '.'..'-: X~\,. u,,,~ .4~y
De~ My. Frame.
Reg~d~n~: . S~ta's S~l-In ~d. Winter Wonderland ~
Once ag~n it m the Ch~ber's intent to sPonsor S~ta's S~l-in on December 6, 1996,
followed by the now trad~tion~ Winter Wonderl~d in Rive~ew P~k ~om that date
~tfl C~stmas Eve. .
The
p~o~ of this letter ~s to: . ·
1. Rese~e the Yacht Club for S~ta's S~l-In - late ~emoon ~d evening,
December 6, 1996 '.
2~ ~ge for adequate tr~c ~nd crowd control and street clos~e of Ind~
~ver ~ve ~om the Yacht Clu~ to the Park - late ~te~oon ~d ~enin~ December
,, ' - . .
3. Rese~e the P~k for decorat~g ~d erecting of displays, etc. on
dat~ ~m November 29th, through the initi~ ~ent on December 6th, ~d ~tly
there~er thro~h Ch~stmas Eve~then have th~ City's pemisslon ~d bl~sing to
ut~e the P~k throu~ J~~ 6th, to ~ow ~me to ~sm~tle ~d ~move ~ the
decorations ~d ~splays. We h~ten to ass~e you t~t this y~ we ~o~d not be
~e~enc~g th~ problems we have had tn the past, ~hen we dl~'t have a p~ce to
store the maten~. We have a pe~ent stooge ~ea now ~d so ~ be ~le to
remove it ~ much mo~ ~ediently. N~E: it ts especi~y impo~nnt that we have
access to elect~ power du~ng the set-up pe~od ~ovember 29 - December 6).
As in the past, if there are other events, such as Craft Shows and the like
that want and need to take place in the Park during this time, we do not have a
problem with that, and indeed, have found that they usually are very pleased, I
because the two activities tend to compliment each othen It would be important,
however, for the club or organization to coordinate with us, so they'd know what
areas of the Park are open and which ones are utilized by the Winter Wonderland I
1302 U.S. #1 ,. SEBASTIAN, FLORIDA 32958
you may have heard by now, the Chamber has asked all local clubs and
4.
organizations to volunteer to take part in this event, which benefits the community
at large, .as it has b.ecome too much for the Chamber t.o handle alone, from all
perspective: financial, material-_~and human resource-w~se. We'd like to invite the City
to also take part ~ perhaps department by department, if not as a whole. For
instance, here are just some of the responsibilities associated with WINTER
WONDERLAND:
Nightly Security Tree Light Installations
Fluffing Nightly Santas =~d Elves
?rews
Candy G~veaways Tree Wrapping Crews
Advertising Fund Raising
Booth. Sales Judging P.anel
Repturs Sponsorships
Sound System Installation
Coordination of Entertainment
Booth Construction
Decorating Committee
Plant Installation
Tear Dow~ Committee
If any of the City's Departments could be involved at any point and to any degree, we
would be very grateful. We expect to begin to coordinate these efforts by October
1st, so if any City Departments can be involved, it will be helpful if you can so advise
us as soon as possible.
5. We respectfully request the City to furnish the electricity for the event, as it
has in the past, as that financial contribution is cruical to our endeavors.
If you or City Council have any questions concerning this request, please let me know.
Also, if you'll see that we are notified when our request is being considered, we'll be
happy to be sure at least one .o.f us .
will be present to answer additional questions.
The Sail-In and Winter Wonderland have become a favorite Holiday Tradition in this
area, and we want to assure it's continuation! Thank you for your anticipated
ci°perati°n.
S~ncerely,
Joh~ Malek
President and Winter Wonderland Chair
Virginia King
Executive Director
DATE:
TO:
RE:
I
CITY OF SEBASTIAR
POLICE DE PA/~TMENT I
INTEROFFICE MEMORANDUM
September 18, 1996 I
Mr. Tom Frame, City Manager i
APPROVAL OF CHAPIBER OF COMM~RCE'S CHRISTMA~ PROGRAM
This is to document this department's review and approval of
the annual "Santa 'S~il-in" and "Winter Wonderland" plan as I
proposed by the Chamber of Commerce in their letter of
9/12/96. ,
We will need to have definite times set for Santa s arrival I
and the procession to the park from the Yacht Club, but this
can wait until a couple of weeks prior to the ev~ent. I
We should be able to handle this with minimal or no use of
overtime. Since it involves a short distance for the I
procession, we can use the Community Volunteers to assist the
on-duty units in handling that event.
I am assuming that there will be no need for extra on site I
security by this department. If they want we could have the
Volunteers be there, if needed at' certain ti/~es. Otherwise, I
our regular patrols in the area will keep an eye on it.
Dennis R. White I
Chief of Police
DATE:
TO:
CITY OF SEBASTIAN
POLICE DEPARTMENT
INTEROFFICE MEMORANDUM
September 18, 1996
Mr. Tom Frame, City Manager
REQUEST FOR STREET CLOSURE APPROVAL
We have received a request from a group to assist them with a
short Halloween march and costume contest, between the hours
of 4:00 -5:30 pm on Oct. 3t 1996. Something like this is
apparently an annual'~event in Vero Beach and they want to get
it going here.
What is proposed is that the kids, in costume, assemble at the
City Main Street boat ramp area. They will then march, with
a police car leading, South on Indian River Drive to the park
at Fellsmere Rd. & Indian River Dr. At the park there will be
a judging of the costumes, awards, etc., then they will leave
the area with their parents so the kids can go trick or
treating. The whole thing will take about an hour and a half,
according to the planners.
We should be able to handle the traffic by temporarily holding
cars coming on to Indian River Dr. from side streets while the
procession moves down to the'park. I would think a couple of
on-duty units at the head and end of the procession and the
Community Volunteers could handle the whole thing as far as
the police department is concerned. The street closings will
be temporary ~nd only for the duration of the march, about 15
minutes, once it gets going. Due to the short nature of this
event, I am not sure whether Council approval is actually
necessary or not, so I am sending this for your consideration
and action as necessary.
The individuals making this request are:
Bobble Burdick, 770-6517 & Pegi Wilkes, 567-2144
Ms. Burdick and Wilkes requested that we submit this request
as they did not know the City's procedures, etc. If anything
more is needed from them, please let me know.
Dennis R. White
Chief of Police
TO:
FROM:
RE:
DATE:
Halloween Parade
September 17, 1996
The Recreation Departmem of Veto Beaeh/Indlan River County would like to obtain permission fi~om
Sebastian City Council to hold a Halloween Parade and costmne judging on Thursday, October 31 st,
~om 4 p.m. until 6 p.m, Recreation Staffis already working with Sebastian Police Department to
secure the parade route down Indian River Drive into Riverview Park, whex~e the costume judging
wftl be held.
Also, Staffwl~l be working with the Sebastian Chamber of Commerce to secure business partners for
the event. Publicity will be handled through all sources of local media and flyers will be sent home
through the elementary schools.
We expect this event to be lots of fun and very successful Thank you for considering our request.
PW/BB:nhm
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Rental of Community center
For Halloween Party
APPROVED FOR SUBMITTAL BY:
AGENDA FORM
] AGENDA NO.
Dept. Origin :
Date Submitted:
City Clerk~'~' ~L~
August 29, 1996
City Manager:
For Agenda Of: ..September 25, 1996 ..
Exhibits: Application dated 8~29~96
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
SU M_MARY STATEMENT
The City has received an application from the Welcome Wagon Club of Sebastian,
requesting permission, to rent the Community Center for a Halloween Party on
October 25, 1996 from 7:00 PM to 11:00 PM.
She is also requesting the use of alcohol at this event.
A $250.00 security deposit was received with the application.
RECOMMENDED ACTION
Move to approve the request.
CITY OF SEBASTE&N
RENTAL PERMIT APPLICATION
[2<] COMaMJ. r~FFY CE~NTEP. [ ] YACE[T CLUB
for Rentcr. h
Please Answer YES or NO:
Are kftr:hen facilities required?
3) W~ d~ons be put up? ~ ~ S
4) '~em be~~nordoor~h~e? , ,,~d5
-.....--
~__~~ .. _~
Make ~ecks E~le to: ~ OF S~~
"' SPE~ N~ A semc~ fee of 5% or ~.OO (w~ch~er is greater) m~ Be ch~ed for ~y
· ~onored check per ~odda Slate Statute I66.251.
O:'F!CE. USE ON.BY'
Caeck [mti~is
'Atc=h~i Beverage Requ. esr hecrrd ~ '~e C4unC'j. Me~"lg on
Key Remm Daxe
i '
I .
I
i
I ,~ o,,~g .o
I ati
i
I
i
I
I
I
I
I
I
I
G. No decoration of any
without the prior approval of the City.
type shall be permitted
Any decoration utilized
must be removed by the permittee.
H. In the event that gambling activity is to be a part
of the permitted use, the City Council shall make a determination
that such activity is not in conflict with the general law of the
State of Florida.
on to
I. No alcoholic beverages of any type may be brought
the premises, dispensed, or otherwise - consumed without
prior authorization of the City Council. The Council shall make
specific provisions in the permit wi~h regard to consumption of
alcoholic beverages.
J. The permittee shall not, unde~ any circumstances,
remove any chairs, tables, or any other equipment from the
facility.
K. Unless otherwise directed by the City Council, all
permitted activities shall cease no later than 11:00 p.m.
L. The permittee shall bear the responsibility for the
control of the lights, thermostats, and other equipment in the
facility. Further, the permittee shaI1 bear responsibility for
the unlocking and subsequent securing of the doors of the
facility. In the event that an applicant anticipates any special
needs with regard to heating, air conditioning, or lighting, he
shall disclose the details of such necessities to the City Clerk
at the time of application.
additional fee is necessary.
The Clerk shall then determine if an
3
CITY OF SEBASTIAN
RENTAL PERMIT PPLICATION
' /
for B~nt~: ~( " . .
Please Answer YES or NO:
l) Are .kitchen [ac':llt[es required?
2) Are you ~ resident o£ Sebasdcm?
3) Will decorations be put up?
~.) Will ther~ be cm acirrftssion or door chcrge?
ii'
5) Will alcoholic bevercges be served?
(ct) E cmswer to #5 is 'les, P~_rm/ttee's, .UToo[ of Age:
(b) [f alcohol is to be ..~erve~i permission is re .gulfed by ~r Counc~ 'four request wi/[ be presented to
/
Security Deposit ~l~. ¢ Rental
Make Caecks Puy~ble to: CITY OF SEBASTIAN
' "SPECIAL NCrr~ A service (eeo[ 5% or $7.0.00 (whichever is greater) may be charged for any
dishonored check per Florida $~ate Slatute 188.25 I.
OFFICE. U$~
ONL%
Octe C~sh Check [rd. ticJ. s
Rental Fee Prod On
Date Cash Check 5~2~cts
Alc.~hct Be,refuge Request heard ct ~e Counc2 Meeting on
,~ey Rckup Date
Sec,,mty De[=osit: ReuJ_med By City L,""~eck No.
Comments:
the amou.nr oi
on
City of Sebastian
~225 MA,N s'rr~E~ ~ SEBAs'r,^N, FLOR,OA 32958
TELEPHONE (407)589-5330 [] FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Ordinance No. 0-96-22
Approved For Submittal By
Dept. Origin: Finance
Finance Director
Date Submitted: 09/18/96
For Agenda of: ,.D9/25/96
City Manager ~~.~--
U
Exhibits: Ordinance 0-96-22
EXPEND I TURE
REQUIRED: $89,130
AMOUNT
BUDGETED: $ 0
APPROPRIATION
REQUIRED: $89,130
SUMMARY STATEMENT
In that the City is the recipient of Housing and Urban Development
economic assistance in the form of a Community Development Block Grant
(CDBG) . "
The City Council desires to establish a separate fund for revenue
obtained from the CDBG and expenditures incurred by the City, in
accordance with applicable State and Federal law.
A budget has been developed containing estimated CDBG revenue and
expenditures.
RECOMMENDED ACTION
Adopt Ordinance 0-96-22.
ORDINANCE NO. O-96-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA CREATING
AND ESTABLISHING A SPECIAL REVENUE FUND FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT AND ADOPTING
A CDBG BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996;
DETERMINING AND FIXING THE AMOUNTS NECESSARY TO
CARRY ON THE ACTIVITIES OF THE CDBG PROGRAM AND
ESTIMATING RECEIPTS FOR THE FISCAL YEAR; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County, Florida, is the recipient of
Housing and Urban Development economic assistance in the forth of a Community
Development Block Grant ("CDBG"); and
WHEREAS, the City Council desires to establish a separate fund for revenue
obtained from the CDBG and expenditures incurred by the City, in accordance with
applicable State and Federal law; and
WHEREAS, a budget has been developed containing estimated CDBG revenue and
expenditures for the current year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. There is hereby established and created a Community Development Block
Grant ("CDBG") Special Revenue Fund. All monies collected as a result of the City's
Community Development Block Grant are specifically appropriated to the CDBG Fund.
Section 2. The budget of the CDBG Fund for the Fiscal Year beginning October 1,
1995 and ending September 30, 1996 a copy of which is attached hereto and incorporated
herein by this reference as Exhibit "A", is hereby adopted and the appropriations set out
therein are hereby made to maintain and cany on activities of the program.
Section 3. If any clause, section, or other part of this Ordinance shall be held by any
Court of competent jurisdicfit~-'to be unconstitutional or invalid, such u~iconstitutional or
invalid part shall be considered as eliminated and shall in no way affect the validity of the
other provisions of this Ordinance.
Section 4. All Ordinances or parts of Ordinances in conflict 'herewith are hereby
repealed to the extent of such conflict.
Section 5. This Ordinance shall become effective upon the date of adoption.
Section 6. This Ordinance was advertised in the Vero Beach Press Journal for a
public heating on September 25, 1996, at which time it was moved for adoption by
Councilmember
The motion was seconded by Councilmember and, upon
being put to a vote, the vote was as follows:
Mayor Louise Cartwfight
Vice Mayor Walter Barnes
Councilmember Norma Damp
Councilmember Richard Taracka
Councilmember Ray Halloran
The Mayor thereupon declared this Ordinance duly passed and adopted this
, 199
__day of
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Louise Cartwright, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Valerie Fernandez Settles,
City Attorney
REVENUE
Intergovernmental
Transfer-In
TOTAL REVENUE
EXPENDITURE
Operating Expenses
Capital Outlay
TOTAL EXPENDITURE
CITY OF SEBASTIAN
CDBG FUND
EXHIBIT "A"
PROPOSED
FY 95 - 96
$ 89,100
3O
$ 89.13~0
$ 79,130
10,000
City of Sebastian
· 1225 MAIN STREET [] SEBASTIAN, FLORIDA 329,58
TELEPHONE (407} 589-5330 [] FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Ordinance No. 0-96-23
Dept. Origin: Finance
Finance Director
Approved For Submittal By
City Manager.~/~
Date S%~bmitted: 09/18/96
For A~enda of: :.:09/25/96
Exhibits: Ordinance 0-96-23
E~E~ITURE ~O~T
REQUIRED: $0 B~D: $0
APPROPRIATION
REQUIRED: $0
SUMMARY STATEMENT
In that the City entered into an agreement with Indian River County to
construct the Riverfront Waterline Project.
The City initiated the procedure to impose a special assessment in the
amount of $700,378 for the Project.
The City retains the right to collect the revenue from the special
assessment, but must pay the principal and interest on the loan to the
Barnett Bank of the Treasure Coast.
RECOMMENDED ACTION
Adopt Ordinance 0-96-23.
ORDINANCE NO. 0-96-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
ESTABLISHING AN AGENCY FUND FOR THE RIVERFRONT
WATERLINE ASSESSMENT PROGRAM;
SEVERABILITY; PROVIDING FOR
PROVIDING FOR AN EFFECTIVE DATE.
PROVIDING FOR
CONFLICTS; AND
WHEREAS, the City of.:S~bastian, Indian River County, Florida, entered into an
agreement with Indian River County to construct the riverfront waterline project; and
WHEREAS, the City initiated the procedure to impose a special assessment in the
collect the revenue from the special
mount of $700,378 for the project; and
WHEREAS, the City retains the right to
assessment, but must pay the principal and interest on the loan to the Barnett Bank of the
Treasure Coast;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. There is hereby established and created a Riverfront Waterline
Assessment Agency Fund. All monies collected as a result of the payment of assessments
are specifically appropriated to the Fund.
Section 2. If any clause, section, or other part of this Ordinance shall be held by any
Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
invalid part shall be considered as eliminated and shall in no way affect the validity of the
other provisions of this Ordinance.
Section 3. All Ordinances or parts
repealed to the extent of such conflict.
of Ordinances
in conflict
herewith are hereby
Section 4. This Ordinance shall become effective upon the date of adoption.
Section 5. This Ordinance was advertised in the Vero Beach Press Journal for a
public hearing on September.:._2_.5, 1996, at which time it was moved_for adoption by
Councilmember
The motion was seconded by Councilmember and, upon
being put to a vote, the vote was as follows:
Mayor Louise Cartwri~t
Vice Mayor Walter Barnes
Councilmember Norma Damp
Councilmember Richard Taracka
Councilmember Ray Halloran
The Mayor thereupon declared this Ordinance duly passed and adopted this
, 199__
CITY OF SEBASTIAN, FLORIDA
By:
Louise Cartwright, Mayor
ATTEST:
day of
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Valerie Fernandez Settles,
Attomey
2
City of Sebastian
I 1225 MAIN STREET [] SFBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Second public hearing )
and approval of Ordinance 0-96-25, )
Mini-storage in PUD-C (Planned )
Unit Development -Commercial) )
Approval for Submittal By: )
)
City Manager~ t~).~
)
)
)
)
Agenda Number: qS./~/
Dept. Orion: Community Dev.
(RM)
Date Submitted: 09/17/96
For agenda Of: .... 09~25~96
Exhibits:
1.
Ordinfinee 0-96-25
EXPENDITURE
REQUIRED:
AMOUNT
BUDEGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Commercial Planned Unit Development (PUD(C)) allows light industrial development in
those areas with a future land use classification of General Commercial. The Land
Development Code limits the type of light industrial uses allowed. Mini-storage is not
included. Mini-storage has been interpreted to be allowed in the industrial (IN) zoning
district.
The Planning and Zoning Commission at the November 2, 1995 meeting voted to
recommend to the City Council that the Land Development Code be amended to define
mini-storage and to include mini-storage as a permitted land use in PUD (C). The
staff, in preparing the ordinance for this recommendation, determined that the
recommendation would inadvertently prohibit mini-storage in the industrial zoning
classification. The matter was taken back to the Planning and Zoning Commission to
determine if that was their intent. At their August 15, 1996 meeting, the Planning and
Zoning Commission voted to recommend to the City Council a definition of mini-storage
and to include mini-storage as a permitted use in PUD(C ) and IN zoning districts.
The City Council, at the August 28, 1996 City Council meeting, approved the first
reading of Ordinance 0-96-25. The second reading and first public hearing was held
September 11, 1996. The second public hearing has .been for September 25, 1996.
RECOMMENDED ACTION
Hold the second public hearing and adopt Ordinance 0-96-25.
ORDINANCE NO. 0..96-25
AN ORDINANCE OF TE[E CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AME~ING THE LAND DEVELOPMENT CODE
REGARDING CONDITIONAL LAND USE IN COMMERCIAL PLANNED
UNIT DEVELOPMENT, PERM1TFED LAND USE IN ~ ]NDUS~
DISTRICT, PROVIDING FOR A DEFINYFION OF MINI-STORAGE;
PROVIDING FOR CODIJFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WI~REAS, the City Council of the City of Sebastian, Florida, desires to amend the Land
Development Code relating to permitted land uses in commercial planned unit development, permitted
land uses in the industrial district, and providing for a definition of mini-storage;'.and
WB[EREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best
interests of the health, safety, and general welfare of the community to do so,
NOW TItEREFORE, BE IT ORDAINED BY TffE CITY COUNCIL OF TIlE crrY
OF SEBASTIAN, FLORIDA, THAT:
Section 1. Section 20A-4.6.H.2. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
2. Light industrial development. Light industrial development may be allowed only
in those areas, if any, of a commercial PUD zone having a land use classification
of General Commercial (CG). The total land area proposed for light industrial
development shall not exceed fifo] (50) percent of the total developable land area
with a general commercial land use designation.
a. All such uses shall comply with all performance standards in Article VII of
this Code and shall take place wholly within closed buildings.
(ii)
(iii)
Light industrial development within a commercial PUD(C) shall be limited
to the following conditional uses;
(I) The manufacturing, compounding, processing, packing, or assembly
of small electrical items, components, or circuitry, jewelry, musical
instruments, toys, novelties, and other similar items, that are
dependent on component pans or raw materials manufactured
elsewhere.
Schools, offices, laboratories, and other such facilities for research.
(iv)
(v)
(vi)
Motion picture production studios; professional, scientific,
photographic or optical instruments.
Printing, engraving, and related reproduction processes.
Publishing or distribution of books, newspapers, or other similar
printed materials.
Mini-storage
Section 2. Section 20A-3.14.B. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
B. Permitted uses. In this district as a permitted use a building or premise may be used
only for below stated uses. All applicable provisions of this code shall be satisfied
including site plan review and performance criteria.
Permitted uses: Public and private utilities, business and professional offices, gasoline
sales, general retail sales and services, limited commercial activities, merchandising of
secondhand goods, enclosed commercial amusements, plant nurseries and landscape
services, restaurants (excluding drive-ins), trades and skilled services, vehicular sales
and related services, vehicular services and maintenance, wholesale trades and services,
veterinary medical services, m-storage, industrial activities as defined in subsection
20A-2.5(D), and accessory uses, including one accessory watchman facility limited to
one hundred fifbg (150) square feet.
Section 3. Section 20A-12.2. of the Land Development Code, City of Sebastian, Florida
is hereby amended to include the following:
l~'~zstorage. A bm!.'.~ ~djng or ~oup of buildin_~ in a controlled a.c. cess compound that
contains equal or v _aryio. g size of individual compa~..mentali~ed, and controlled access stalls or lockers
for the dead .storage qfcustomers goods or wares.
Section 4. CODIFICATION. It is the intention of the City Council of the City of
Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land
Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be
renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such
other word or phrase in order to accomplish such intention.
Section 5. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or
pans of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
Section 6. SEVERABIIZI'Y. If any clause, section, or other part or application of
this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid,
such unconstitutional or invalid pan or application shall be considered as eliminated, in no way
affecting the validity of the remaining portions or applications, which shall remain in full force and
effect.
Section 7.
after its passage and adoption.
EFFECTIVE DATE. This Ordinance shall become effective thin~ (30) days
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST
PEAl)lNG, THIS DAY OF
, 1996. PASSED AND ADOPTED BY THE CITY
COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING,
THIS __ DAY OF , 1996.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by. Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Louise tL Cartwfight
Vice Mayor Walter W. Barnes
Councilmember Norrna J. Damp
Coundlmember Raymond Halloran _.>
Councilmember Richard J. Taracka
The Mayor thereupon declared this Ordinance duly passed and adopted this
,1996.
day of
CITY OF SEBASTIAN, FLORI]DA
By:
Louise R, Cartwrigh~ Mayor
ATTEST:
Kathryn M. O*Halloran, CMC/AAE
(S~)
Approved as to Form and Coment:
Valerie Settles
City Attomey
I
C:i. or' SebastJ, J.
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r-i FAX (407) 589-5570
SUBJECT: Second reading and )
adoption of Ordinance 0-96-26, )
amending the Land Development )
Code regarding fences and walls )
Approval for Submittal By: )
)
City Manager ~~ ~] ~~L-
U )
)
)
)
Agenda Number:
Dept. Origin:
Date Submitted:
For agenda Of:
Exhibits:
Community Dev.
(RM)
09/17/96
09~25~96
Ordin:~nce 0-96-26
EXPENDITURE
REQUIRED:
AMOUNT
BUDEGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At the October 4, 1995 workshop, the City Council discussed proposed changes to section
20A-5.9.F of the Land Development Code regarding fences. Berms and barbed wire fences
were discussed. The former city attorney had prepared an ordinance to implement the
changes discussed. The staff in reviewing the draft ordinance identified several other issues
which should be addressed. These are:
1. clarification as to how to measure the height of fence,
2. temporary construction fences,
8. delineating hedges and hedge rows as a type of fence,
4. allowing city constructed, maintained, or permitted fences in rights-of-way, and
5. prohibiting wire strands as a type of fence.
The issue of earth berms was addressed as the height of a combination berm and fence could
not exceed the height requirements of the Land Development Code. The restrictions
concerning barbed wire fences was modified to reflect actual building standards.
The Planning and Zoning Commission on August 15, 1996 voted to recommend approval of
the proposed changes to section 20A-5.9.F of the Land Development Code. The City Council
held the first reading of Ordinance O-96-26 on August 28, 1996 and set the second reading
and public headng for September 25, 1996.
RECOMMENDED ACTION
Hold the second reading of and approve Ordinance 0-96-26.
ORDINANCE NO. 0-96-26
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNT, FLORIDA, AMENDING TE[E LAND DEVELOPMENT CODE
REGARDING HEIGHT OF FENCES AND WALLS, TEMPORARY
CONSTRUCTION FENCES, TYPES OF FENCES, PROHIB~D FENCES
AND WALLS, AND BARBED WIRE FENCES; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABII.FFY; AND PROVIDING FOR AN EFFECTIVE DATE.
W~tl~REAS, the City council of the City of Sebastian, Florida, desires 'to amend the Land
Development Code relating to height of fences and walls, temporary construction fences, types of
fences, prohibited fences and walls, and barbed wire fences; and
Wl:I-E~S, the City Council of the City of Sebastian, Florida, believes that it is in the best
interests of the health, safety, and general welfare of the community to do so,
NOW TE[EREFORE, BE IT ORDAINED BY ~ crrY COUNCIL OF TH~ CITY
OF SEBASTIAN, FLORll)A, THAT:
Section 1. Section 20A-5.9 A. of the Land Development Code, City of Sebastian, Florida is
hereby amended to read as follows:
A. General provisions:
1. Permit required Except as provided in paragraph 4., it shall be unlawful for any
person, association, corporation or other entity to install, erect, alter, or locate a fence
or wall within the city without first obtaining a fence permit for such activity.
Notwithstanding the foregoing, a fence permit shall not be required for the replacement
or repair of an existing fence or wall unless the replacement or repair cost exceeds fifty
(50) percent or more of the value of the fence or wall before its repair or replacement.
2. Application procedures. Application for a fence permit under this section shall be
made to the building official and shall include the following:
a. A survey prepared by a licensed surveyor of the State of Florida;
b. The location, length and height of the proposed fence or wail; and
c. A description of the materials contained in the proposed fence or wall.
3. Issuance of permits. The building official shall issue a fence permit to an applicant
under this section upon his finding that the proposed fence or wall is in compliance with
the provisions of this article and all other pertinent state and local regulations, and upon
payment of the appropriate fee as set forth in section 7-20 of the Code of Ordinances.
Fence permits issued ti-ri3er this section shall be subject to all other roles and regulations
pertaining to fence permits in general.
4. Exemptions from fence permit requirement. No fence permit shall be required
hereunder for the installation, erection, alteration or locati.0n of the following
structures:
a. Portable dog pens or slabs with permanent posts in or upon the ground;
b. Trellis structures that do not form a barrier.
Said structures shall, unless otherwise provided herein, be subject to all other
requirements for fences and walls contained in this section.
5. Construction to withstand forces of nature. All fences and walls shall be constructed
to withstand the force of wind and to allow, and not inhibit, divert or alter, the free
flow of surface water from the natural course it followed prior to installation of the
fence or wall.
6. Posts and supporting members. If the posts or supporting members of a fence or wall
are placed in or upon the ground, the posts or supporting members shall be treated or
composed of materials resistant to decay, corrosion and termites.
7. Maintenance. All fences and walls shall be maintained in good repair, in a non-
hazardous condition, and shall not be allowed to become dilapidated.
8. The height of a fence or a wall shall be determined from the highest point of the
ground in an eight .(8) foot mn Mng directly beneath the fence or wall. Berms shall
not be considered as part of the ground.
9. The ~uilding official may issue a fence germit for a temp...ora~ construction fence
permit for a period not to exceed ninety.. (90) days. Temporal.. constmcti.on fences in
excess of ninety (90) days shall receive approval by. the ..Plann.]ng and Zoning
Commission.
Section 2. Section 20A-5.9 B. of the Land Development Code, City Of Sebastian, Florida
is hereby amended to read as follows:
B. Types offences and walls permitted Fences and walls shall be constructed and/or
composed of at least one (1) of the following groups of mate~.rials:
1. Termite-resistant species wood or wood which has been treated to resist rot and
termites;
2. Steel posts and wire fabric of a minimum of 11½-gauge galvanized or other
noncorrodible metal;
Omamemal iron;
Concrete or masonry;
Plastic;
Section 3. Section 20A-5.9 F. of the Land Development Code, City of Sebastian, Florida
is hereby amended to read as follows:
F. ]>rohibited fences and wails.
1. General Rule. It shall be unlawful to erect, construct, install or maintain the
following structures:
(a) A fence or wall within six (6) feet of a fire hydrant;
(b) A fence or wall within any street fight-of-way,
those
constructed and maintained by the.city or approved by the building
official;
(c) An electricity charged fence or wall;
(d) A fence or wall in a dilapidated condition which appears to be
neglected, unkempt, or in substantial disrepair, in whole or in pan, and
as a consequence thereof is either unsound, hazardous or ineffectual;
(e) Any:-' fence which incorporates an .earth berm and-exceeds the heist
rea_uirernent provided for in the Lan.el. Development Code;
Any fence or wall containing hazardous substances such as broken
glass, wire strands barbed wire, (except as provided in paragraph (2)
below), spikes, nails, or similar materials designed to inflict pain or
injury to any person or animal. Any fence constructed of such material
shah be deemed to be a public nuisance.
2. Barbed wirefences. Barbed wire fences may be permitted by the
Planning and Zoning Commission in commercial and industrial districts if
the proposed fence is a minimum of six (6) feet and a maximum of eight (8)
feet in height and topped with barbed wire of not more than three (3)
No pan of any such fence may extend beyon, d.the boundaries of the property
on which it is installed.
Section 4. CODIFICATION. It is the intention of the City Council of the City of
Sebastian, Florida, that the provisions of this Ordinance shall become and be made a pan of the Land
Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be
renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such
other word or phrase in order to accomplish such intention.
Section 5. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or
parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
Section 6. SEVERABILITY. If any clause, section, or other pan or application of
this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid,
such unconstitutional or invalid pan or application shall be considered as eliminated, in no way
affecting the validity of the remaining portions or applications, which shall remain in full force and
Section 7. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days
after its passage and adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORDA, ON FIRST
READING, THIS DAY OF
, 1996. PASSED AND ADOPTED BY THE CITY
COUNCIl. OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING,
THIS DAY OF 1996.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Louise tL Cartwright
Vice Mayor Walter W. Barnes
Councilmember Norma L Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of
1996.
CITY OF SEBASTIAN, FLORIDA
By:
Louise IL Canwright, Mayor
ATTEST:
Kathryn M. 0~Iallorar~ CMC/AAE
(Se~)
Approved as to Form and Content:
Valerie Settles
City Attorney . . 5--.':.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407)589-5330 [] FAX (407) 589-5570
SUBJECT: Second reading and )
adoption of Ordinance 0-96-27, )
providing for alternate members of )
the Tree Advisory Board )
Approval for Submittal By: )
)
City Manager ~e~ ~. (~~)-~)
~ )
)
)
)
Agenda Number:
Dept. Origin:
Date Submitted:
For agenda Of:
Exhibits:
Community Dev.
,, 09/.17/96
09~25/96
Ordidance 0-96-27
(RM),~"f'~
EXPENDITURE
REQUIRED:
AMOUNT
BUDEGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On June 26, 1996, the City Council directed the staff to prepare an ordinance providing for
altemate members on the Tree Advisory Board. At their August 15, 1996 meeting, the
Planning and Zoning Commission voted to recommend to the City Council to provide for two
altemate members to the Tree Advisory Board. The City Council held the first reading on
August 28, 1996 and set the second reading for September 25, 1996.
RECOMMENDED ACTION
Hold the second reading of and approve Ordinance 0-96-27.
ORDINANCE NO. 0-96-27
AN ORDINANCE OF THE ~ OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE I_,AND DEVELOPMENT CODE
PROVIDING FOR ALTERNATES ON THE TREE ADVISORY BOARD,
PROVIDING FOR CODIYICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, deskes to amend the Land
Development Code to add two alternates to the tree advisory board; and
WI~REAS, the City Council of the City of Sebastian, Florida, believes that it is in the best
interests of the health, safety, and general welfare of the community to do so, ::.
NOW TItEREFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, TItAT:
Section 1. Section 20A-14.16.B. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
B. The tree advisory board shall consist of five (5) residents of the city, who shall be
appointed by the city council. Members shall serve without compensation.
Initially, three (3) members shall be appointed to two:year terms and two (2)
members shall be appointed to one-year terms. Thereafter, all appointments shall
be for two-year terms.
There shall be two (2) alternates who are residents of the cirv and who shall be,
appointed by the city council. Initiall.v, one .(.!) alternate shall be appointed to a
one-year term and the other alternate shall be appointed to a two-year term.
Thereafter, all appointments shall be for two-year terms.
.,Section 2. CODn~CATION. It is the intention of the City Council of the City of
Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land
Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be
renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such
other word or phrase in order to accomplish such intention.
Section 3. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or
parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
Section 4. SEVERABIi,1TY. If any clause, section, or other part or application of
this Ordinance shall be held by any Court of competent jurisdiction to be unc,~onstitutional or invalid,
such unconstitutional or invalid pan or application shall be considered as eliminated, in no way
affecting the validity of the remaining portions or applications, which shall remain in full force and
effect.
Section 5. EFF]ECIlVE DATE. This Ordinance shall become effective thirty (30) days
after its passage and adoption.
PASSED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, FLORIDA, ON FIRST
READING, THIS m DAY OF ~ 1996. PASSED AND ADOPTED BY THE CITY
COUNCIl. OF THE CiTY OF SEBASTIAN, FLORID& ON SECOND AND FINAL READING,
THIS __ DAY OF ~ 1996.
The foregoing Ordinance was moved for adoption by Councilrnember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Louise R_ Cartwright
Vice Mayor Walter W. Barnes
Councilmember Norrna .I. Damp
Councilmember Raymond Halloran
Councilmember Pdchard J. Taracka
The Mayor thereupon declared
,1996.
ATTEST:
Kathryn M. O~alloran, CMC/AAE
(Se~)
Approved as to Form and Content:
Valerie Settles
City Attorney
this Ordinance duly passed and adopted this __ day of
CITY OF SEBASTIAN, FLORIDA
By:
Louise 1L Cartwright, Mayor
City of Sebastian
1225 MAIN STREET ~3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: LETTER OF RESIGNATION
FROM THE CONSTRUCTION BOARD
Approved for Submittal By:
Agenda Number:
Dept. Origin:
Date Submitted:
For Agenda of:
City Manage r ~ ~~,~,~__ )
) Exhibits:
)
Commu~i~ Deve lopment~
(BM)
/ 7/96
9/25/96
Letter of resignation dated
9/7/96 from Truman Smith.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At their meeting held 9/10/96, the Sebastian Construction Board made and
passed unanimously a motion to accept Mr. Truman Smith's resignation to
be effective as of 9/9/96.
RECOMMENDED ACTION
Move to accept Mr. Truman Smith's resignation from the Construction Board.
7 September 1996
Sebastian Construction 13 oard
City of Sebastian
Jerry Smith. Chairman
Because of certain personal and business conflicts. I am resigning
from the Sebastian Construction Board effective 9 September 1996.
I
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City of Sebastian
1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Reconstruction of )
of Runway 4-22 - City of Sebastian )
Municipal Airport - Suppliers )
Request for Consideration on use of )
Cemented CoquinaRock
Approval For Submittal By:
City Manager~ff-au~ ~.},~~-~
)
)
)
)
)
)
)
)
)
AGENDA NO
Dept. Origin: City Manager
Date Submitted: 9/18/96
For Agenda Of: 9/25/96
Exhibits: - Letter Dated 9/5/96 from
Mr. Tom Tomasello
-Copy of Letter to Mr. Rick E.
Chesser, From Tom Tomasello, Dated
9/10/96
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY
Refusal to allow substitute materials. The specifications and plans for the runway
reconstruction were reviewed by the Florida Department of Transportation prior to the
solicitation of bids from contractors. Black Hawk voiced strong objection both to the denial
for any substitute and the fact that the Florida Department of Transportation approved these
plans and specifications with the inclusion of the prohibition against substitution of cemented
coquina rock and lime rock. Initially, representatives of FDOT had suggested that the
supplier, through value engineering, could offer to substitute the cemented coquina rock for~
lime rock.
Beyond the point that the City's Consultant Engineer, Greiner, Inc., stringently objects to
any substitution, there is a legal concern which has been expressed by the City Attorney
relative to our exposure should the City unilaterally move forward with any substitutions
inasmuch as the City specifically said there would be none. As evidenced by a letter dated
September 10, 1996, fxom Mr. Tom Tomasello to Mr. Rick Chesser, Secretary, District IV,
Department of Transportation, this issue has become complicated and appears as though it
may end up under some type of administrative appeal.
.RECOMMENDED ACTION
The particular funding which was provided for the nmway improvement is a 90/10 grant and
any savings on behalf of the City will only mount to 10% thereof. The Florida Department
of Transportation will get 90% of the savings, By the admission of the supplier, this most
likely could result in a total savings of approximately $25,000.00. Thus, the City's savings
would be $2,500.00. This represents a small amount of savings to,.,the City and a fairly
significant savings to the Florida Department of Transportation. Whether Greiner, Inc., was
correct or incorrect at this point, appears to be a mute issue from the City's perspective
unless FDOT directs the City to re-bid this project. However, this issue could become a very
large liability to the City depending upon how this matter is resolved and it is urged the
Council listen to the advice of the City Attorney.
1315 EAST LAFAYETTE STREET, SUITE B
TALLAHA,~SEE, FLORIDA 32301
(904) 671-2644 FAX (904) 671-2732
VIA FACSIMILE (407) 589-5570
Mr. Tom Frame, City. Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
City of Sebastian Municipal Airport
Reconstruct Runway 4-22
Dear Mr. Frame:
On behalf of Blackhawk Quarry Company of Florida, Inc. ("Black. hawk"), I respectfully
request that you place an item on the agenda for the next City Council meeting that would allow
representatives of Blackhawk to appear before and address the City Council regarding the above
captioned matter.
Please call me if you have any questions. Thank you.
Sincerely,
Tom Tomasello
xc: Mr. Andrew Machata, Blackhawk
TGT: 1066:kj
WATKIN$, TOMASELLO
CALEEN, P.A.
ATTORN~Y~ AND COUN$£LOR$ AT LAW
P~ h C~ZZN.
THOMAS G. TOMA~ELLO
V~. DAVID V~ATKIN5
1315 EAST LA~ArFI'rI~ STIH~ET, SUITI~ B
TAL~Stt, FLORIDA 32301
(904) 671-2644 FAX (904) 67142732
September 10, 1996
VIA FACSIMILE (954) 777-4197
Mr. Rick E. Chesser, Secretary
District IV
Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
Re.-
City of Sebastian Municipal Airport
Runway 4-22 Reconstruction
WPI No. 4825310
Job Number: 88000-3890
Dear Secretary Chesser:
This fn'm represents Blackhawk Quarry Company of Florida, Inc. ("Blackhawk").
Blackhawk operates a coquina mine in south Brevard County, Florida that is an FDOT certified mine
(No. 70-279) operating under full approval status.
FDOT has entered into a Joint Participation Agreement with the City of Sebastian. Under
that agreement, FDOT will provide funds pursuant to Section 332.006(6), Florida Statutes, to the
City of Sebastian for the reconstruction of Runway 4-22.
The City of Sebastian selected Greiner, Inc. as a consultant for the runway reconstruction
project. On two occasions, Blackhawk requested that Greiner, Inc. allow bidders to utilize cemented
coquina as a base material for the reconstruction project. Greiner, Inc. refused to do so, however.
Moreover, it appears that FDOT approved specifications for the project prepared by Greiner, Inc.
which provide that coquina or sand shell base courses will not be accepted as substitutes for
limerock.
Blackhawk submits that Greiner, Inc.'s refusal to allow the specification of a cemented
coquina base material is inconsistent with FDOT's "Standard Specifications for Construction of
Aviation Airports", which specify, that shell/shell rock as an acceptable base course for
Mr. Rick E. Chesser
September 10, 1996
Page 2
airport runways. Under these Standard Specifications, FDOT recently authorized the use of a
cemented coquina base for the runway rehabilitation at the Valkaria Airport in Valkaria, Florida,
which has the same gross weight capacity as the Sebastian airport. Moreover, FDOT allows for
bidding and the use of cemented coquina on all of its highway projects.
During the course of proje~t'bidding, Greiner, Inc. was specifically advised by FDOT that
cemented coquina is an acceptable base material for the proposed runway reconstruction project.
Nonetheless, Greiner,' Inc. refused to allow the bidders to specify a cemented coquina base.
In an August 9, 1996, letter to Mr. Marion Hart, Jr., State Public Transportation
Administrator, Blackhawk requested that FDOT not approve the City's execution of the contract
with the low bidder for runway reconstruction project unless the City a/~thorized the use of a
cemented coquina base for the project. Paragraph 12.10 of Joint Participation Agreement requires
that FDOT must authorize, in writing, the execution of any contract by the City of Sebastian,
including construction contracts, that would in any manner require the disbursement of joint
participation funds.
Mr. Hart referred Blackhawk's request to FDOT's District IV office. After a number of
telephone conferences, Mr. Erwin Oster proposed that this matter be resolved by allowing the bid
process to follow its course, that the City of Sebastian award the contract to low bidder, and that at
the pre-construction conference FDOT would approve the use of a cemented coquina base as a value
engineering proposal, provided that the City requested such a change. According to Mr. Oster, such
engineering changes are made in about 90% of FDOT projects.
At that point, Blackhawk believed its concerns were resolved. Unfortunately, the City of
Sebastian has declined to follow the course of action proposed by Mr. Oster. More specifically, the
City is unwilling to request that FDOT approve a change in the base material because the bid
drawings state that there can be no substitute for the limerock base. The City of Sebastian is
apparently concerned about a bid protest. Blackhawk submits that there is no basis for a bid protest
because the cost savings due to the alternate use of a coquina base are less than the cost difference
between the two lowest bids. Had the bid documents allowed a cemented coquina base, each of the
bids would have been significantly lower.
engineering measures. Mr. Oster declined to do so.
to mandate such action by the City.
I spoke with Mr. Oster at length after the City's decision not to follow FDOT's proposed
course of action. In those conversations, I specifically asked M.r. Oster whether he would, on behalf
of FDOT, require the City of Sebastian to allow the use of a coquina base as cost saving and value
He does not believe FDOT has the authority
WATKIN5, TONk~.SELLO ~ CAL£EN. P.A.
Mr. Rick E. Chesser
September 10, 1996
Page 3
The purpose of this letter is to respectfully request that you review this matter and take steps
that would require the review of the use of coquina as a value engineering change proposal for the
nmway reconstruction project. Blackhawk submits that FDOT has ample authority to direct such
an outcome. To illustrate, Paragraph 2.10 of the Joint Participation Agreement provides that "the
[City] shall commence and complete the project...in a sound, economical, and efficient manner, and
in accordance with...all applicalJi~ laws ~. Hence, under the very terms of Joint Participation
Agreement, FDOT has the authority to require the City to allow the use of a cemented coquina base
for both economic and efficiency reasons. Indeed, several of the biaders estimate that the use of
coquina mined in the area of the runway reconstruction project would result in substantial cost
savings. The City of Sebastian has made it clear that it has no objection to a cemented coquina base.
Moreover, Paragraph 2.10 of the Joint Participation Agreement requi~s compliance with all
applicable laws. Likewise, Rule 14-73.001 (6)(d)2, F.A.C., which applies to public transportation
funds awarded under Chapter 332, Florida Statutes, provides that all facility design proposed by
grant applicants shall meet the pertinent requirements of Florida Statutes, and DOT roles. Two such
laws are:
Section 334.044(10)(b), Florida Statutes, which mandates that FDOT's construction
and design standards be cost effective; and
Section 334.46(2), Florida Statutes, which requires that DOT's comprehensive
transportation system be accomplished '~n the most efficient and cost-effective
manner~.
By not allowing the use of a cemented coquina base, the City has not complied with the statutory
requirements for cost effective design and efficient implementation of a transportation system, nor
with the Joint Participation Agreement. Hence, under the Joint Participation Agreement, its own
rules, and its governing statutes, FDOT has the clear authority to require the City of Sebastian to
allow the use of a cemented coquina base.
Additionally, Blackhawk points to the Secretary Directive, dated April 5, 1994, which
establishes a process for reviewing contractor submitted Value Engineering Change Proposals
("VECP"). According to Mr. Oster, VECPs come into play in approximately 90% of DOT let
construction projects. In other words, VECPs are ingrained in FDOT's construction program, and
have the apparent authority of nde, a rule Blackhawk submits applies to the City of Sebastian's
project by-way-of the Joint Participation Agreement, and Rule 14-73.001(6)(d)2, F.A.C.. Section
4-3.5 et seq. of DOT's Standard Specifications for Roads and Bridges, which contains standards and
procedures for VECPs, lends further support to Blackhawk's position that FDOT has the
ned authority to require the City of Sebastian to allow the use of a cemented coquina base.
WATKINS, TOMASELLO ~ CALEEN, P.A.
Mr. Rick E. Chesser
September 10, 1996
Page 4
Also, I refer you to the February 11, 1992, Settlement Agreement between Blackhawk and
FDOT, wherein FDOT agreed not to take any action to preclude the use of Blackhawk material on
FDOT projects, nor to preclude the use of cemented coquina on FDOT projects within Blackhawk's
market area. FDOT's approval of the bid drawings submitted by the City of Sebastian, and its
unwillingness to require the City 9f- Sebastian to allow the use of a cemented coquina base for the
reconstruction project violate the Si~cific requirements of the Settlement Agreement, as well as its
intent and spirit.
In view of the above, Blackhawk respectfully requests that you review this matter, and allow
representatives of Blackhawk to discuss this letter with you by telephone conference or at your
office.
-2-
As noted above, FDOT must authorize, in writing, the execution of any contract between
the City of Sebastian and the construction contractor. Blackhawk respectfully requests that FDOT
not provide such written authorization until its representatives have had the opportunity to discuss
this matter with you or to meet with you. if FDOT chooses to allow the City of Sebastian to
proceed with the project as currently proposed, Blackhawk requests that FDOT provide it with a
point of entry under Section 120.57, Florida Statutes.
Please be assured that Blackhawk wishes to resolve its concerns amicably. That can be done
quite simply. FDOT need only apply its VECP program to this nmway project as mandated by
FDOT's rules, and its governing statutes.
Thank you and please call me if you have any questions.
Sincerely,
Tom Tomasello
TGT/1066
WATKIN$, TO/VL, SELLO ~ CALEEN, P.A.
Mr. Rick E. Chesser
September 10, 1996
Page 5
XC:
Honorable Patsy Kurth, Senator
Honorable Charles Sembler, ii, Representative
Mr. Andrew Machata, Blacldaawk
Mr. Valarie Settles, City of. Sebastian Attorney
Mr. Marion Hah, Jr., FDOT
Ms. Para Leslie, Deputy General Counsel, FDOT
Mr. Erwin Oster, FDOT
Mr. Kenneth Morefield, FDOT
Mr. Tom Frame, City of Sebastian
WATKIN$. TOMASELLO ~ CALEEN, P.A.
City of Sebastian
I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT:
November and December 1996::' '~'-'-
Meeting Schedule
AGENDA NO:
DEPT. ORIGIN:
DATE SUBMITTED:
9/11/96
M;EET]~G DATE:
9/25/96
.~~,.~O VED FOR SUBMITTAL:
EXHIBITS: Calendars
IExpenditure Required:
IAmount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
Historically, the City Council has amended its November and December meeting schedules to
accommodate holiday plans.
This year the second regular meeting in November is scheduled for the evening before
Thanksgiving and the second regular meeting in December is scheduled for Christmas Day.
Just as a reminder, beginning October 1, regular meetings will begin at 6 p.m. unless preceded by
a workshop, in which case they will begin at 7 p.m. or soon thereafter.
I?~ECOMMENDATION
Should City Council desire to reschedule its meetings, we suggest the following.
Regular Meetings - November 6 and 20
- December 4 and 18
November
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
I
:~ ',~7
] ,~ s RECOMMENDD'
REGULAR CITY
COUNCIL
MEETING- 6 PM
IOVETERAN'S DAY u r, REGULARLY
HOLIDAY- CITY SCHEDULED
HALL CLOSED CITY COUNCIL
MEETING
6PM
~7m ~RECOMMENDED
REGULAR CITY
:COUNCIL
HEETING- 6 PH
:z4 2s :z6 REGULARLY
SCHEDULED - CITY HALL HOLIDAY- CITY
CITY COUNCIL CLOSED HALL CLOSED
MEETING 6 PM
December
:SUNDAY HONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
t 2 3 RECOHHENDEO/'~ s 6 7
REGULAR CITY /
COUNCIL ~
8 ~, m REGULARLY ~ ~t a ~
SCHEDULED
CiTY COUNCIL
MEETING & PM
IS 161 17 RECOMMENDED ~a ~9 2o ~J
REGULAR CITY
COUNCIL
MEETING- 6 PM
22. 23 CHRISTMAS EVE 24CHRISTMAS DAY u 26 :z7 ~
- CITY HALL - CITY HALL
CLOSED CLOSED
REGULARLY
SCHEDULED
CITY COUNCIL
MEETING 6 PM
29 30 31
September 17, 1996
To:
From:
Re:
Norma Damp
Ray Halloran
Walter Barnes
Richard Taracka
Louise Cartwright
City Attorney
Last week, I had a serious discussion with Valerie Settles
about her position as our City Attorney. I addressed
serious concerns that I have as weii as comments that I
have received from concerned citizens since she became our
City Attorney.
The areas we covered were communication problems; '~
relocation; quality of work; attendance at board & council
meetings; general review of her responsibilities
I am asking Mr. Frame to put this matter on our meeting
agenda for September 25th. I think a periodic review is
important in order for tis to assess the concept of the
position in general, and Ms. Settles in particular. We
can then make any adjustments necessary to be sure ail
continues to work smoothly.
Since we do not now have a provision in place for Council
to conduct such a review, I suggest that we develop a
simple procedure for the review/evaluation of the City
Attorney by each council member.
I look forward to discussing this with you.
Thank you.
Thomas Frame
Valet ie Settles
Kay 0' Hal loran
September 16, 1996
To:
Norma Damp
Ray Halloran
Walter Barnes
Richard Taracka
Re: City Manager Salary Increase
Since we have all completed our review and evaluation with
Tom Frame, it is time for us to consider a salary
increase.
Automatically built into the budget is a 0-3% increase at
his next anniversary date as well as the lump sum CPI
bonus in July 1997. -~
At this time, I would like to recommend two options for
considerat ion:
1. A lump sum bonus of 5% which equals $3000.
A salary increase of 57. retroactive to the
the f~rst pay period after his 6 month anniversary
date.
I look forward to hmaring your ideas on this subject.
Thank you.
Thc, mas Frame
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r-i FAX (407) 589-5570
SUBJECT: Approval of Resolution ) Agenda Number: .... 7~-~/~::~
R-96-69, authorizing the City )
Manager to sign, and the staff to ) Dept. Origin: Community Dev.
submit a grant application't~' the ) (RM)
National Tree Trust. )
Approval for Submi~al By: ) Date Submitted: 09/17/96
)
~~~ For agenda Of: .,, 09!25/96
City Manager ·
~Q~ ) Exhibits: .~
)
) 1. Resolution R-96-69
) 2. Application form
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDEGETED:
REQUIRED:
SUMMARY STATEMENT
On July 24, 1996 the City Council approved the work plan for the Tree Advisory
Committee. One of the items included in the work plan was that the Tree Advisory
Board is to develop recommendations concerning the purpose and function of a tree
bank nursery for the City of Sebastian. Upon approval by the City Council, the Tree
Advisory Board will assist city staff on the planning, design, construction and
maintenance of a tree bank nursery.
The Tree Advisory Board has identified a grant program which provide seedlings to
qualified organizations including municipalities. All seedlings received under the
Community Tree Planting program must be planted on public lands only. Potential
planting sites include school grounds, parks, and cemeteries.
The National Tree Trust provides 1-year old seedlings in increments of 100 and range
in size from 6 to 36 inches depending on the region. In addition for the purpose of
establishing a growing center, the National Tree Trust will provide 2-gallon medium-
weight plastic containers and a cash subsidy for soil of $10.00 per cubic yard for
potting medium.
The City's responsibilities are:
to utilize volunteer labor in the planting or containerization of the
seedlings. The Tree Advisory Committee has identified the Friends of the
St. Sebastian River, Pelican Island Preservation Society, Sebastian River
High School - Agricultural Academy, Indian River County Department of
Corrections, and the Boy Scouts of America as potential volunteers.
to provide maintenance for the trees for a period of two years.
3. to provide a site with an adequate water supply
to complete an annual report for two years after the seedlings are
received.
The Tree Advisory Board has recommended that the City request 100 Live Oaks, 100
Laurel Oaks, 100 Red Maples, and 100 Bald Cypress.
A copy of the application is attached for your information.
RECOMMENDED ACTION
Approve resolution R-96-69 supporting the grant application, authorizing the City
Manager to sign and submit the grant application.
RESOLUTION NO. R-96-69
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SUPPORTING AN APPLICATION TO THE
NATIONAL TREE TRUST COMMUNITY TREE PLANTING
PROGRAM, AUTHORIZING THE CITY MANAGER TO SIGN
AND SUBMIT THE APPLICATION, AND 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 desires to promote public awareness and a
spirit ofvolunteerism in support of trees; and
WHEREAS, the City of Sebastian has established a Tree Advisory Board; and
WHEREAS, the Tree Advisory Board has recommended to the. City Council that
they City apply to the National Tree Trust Community Tree Planting Program for
seedlings to be used on public property; and
NOW, THEREFORE, BE' IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. SUPPORT. The City Council hereby supports the application to
the National Tree Trust Community Tree Planting Program for 400 trees and associated
materials.
Section 2. AUTHORIZATION. The City Manager is hereby
authorized to sign and submit to the National Tree Trust an application under the
Community Tree Planting Program.
Section 3. CONFLICT.
conflict are hereby repealed.
All resolutions or parts of resolutions in
Section 4. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall be further be assumed that the City Council would have enacted the
remainder of the Resolution without said invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 5.
upon final passage.
EFFCTIVE DATE. This Resolution shall take effect immediately
The foregoing Resolution
was moved for adoption by Councilmember
The motion was seconded by Councilmemeber
and, upon being put to a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
day of
The Mayor thereuponideclared this Resolution duly passed and adopted this
,1996.
CITY OF SEBASIAN, FLORIDA
ATTEST:
Kathryn M. O'Halloran, CMC/AgJE
City Clerk
By:
Louise R. Cartwright, Mayor
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
1997 National Tree Trust
Community Tree Planting Program
APPLICATION MUST BE POSTMARK2ED OR FAXED NO LATER THAN OCTOBER 1.
,~.,~ TEMCO
IGIB~I~: ~ pro~ is a p~Np b~ ~e N~ T~ T~ ~, sel~ fo~ pr~u~ ~mp~ who do~
s~, ~d ~ o~om. ~le o~~ ~clu&: no.torito, you~ ~~~, s~ml ~oups, mmdp~fi~,
~, ~ ~ f~ ~md~, m~ ~d m~ps ~ss ~e um~ S~.
~OSE: To prm~ pubic am~s ~ a ~t of vol~ ~ mppo~ of ~ plans, ~~, ~~ pr~m
P~LIC L~ ONLY: ~ s~ ~v~ ~ ~e Com~ T~ ~1~ p[o~ (C~).~ b! p~ m rubac
on¢. P~ p~ ~ ~clu~ s~l ~, p~, ~~, ~. Jt m~ ~s~[~y~b~ m oO~ ~ ~s,~
ro~ ~om ~pH~le ~ ~. ~ote: If you are planning to ptant more ma~ ~ oJ' ta~e
transpo~aNon autho~, you ~st co~l~e the ~ca's Tre~ays applicaNon.
PRO~ES:
l-y~ old s~ ~ ~ of 100 p~ ~ (~ o~ ~ 100) .
~~ for~ p~ose of ~abl~h~g a ~&g c~ ~ ~, ~e N~ Tr~ T~ prom~:
2-g~on me,m-wriSt pl~c con~e~ (8 112' x 8 ~2') ~ ~~ of 100 (s~ ~e s~y)
a c~h subsidy for soft of $10.00 p~ ~bic ~d ~r p~ ~ (~Y ff~ m ~~)
Nora: ~ mbsi~ my ng ~ ~ ~ ma of~m ~ soft. ~s m o~ ~le m g~ soft ~.
· ~ ~bic ~ ~ ~ ~p~y 120 2~m ~.
~~~ ~SPONS~~S:
m ~ vol~ ~or ~ Se p~m~on of~ s~ ~olm mb& ~hd~,
~c ~ b~d m~, pm~ ~, ~.)
~oups,
m pro~ ~~ for ~e ~ ~ ~ ~o~ ~¢em~ l~m for ~o m
m pm~ a s~ ~ m ~ ~ mpply for ~P~ ~
m ~1~ ~ ~ ~o~ for ~o y~ ~ ~ s~ ~ ~ ~m ~ N~ T~ Tm
Pl~e read c~Hy ~e T~ ~d Con,ohS on page mo for a~ ~~n of the requ~ of a C~
~P~G: ~ N~o~ T~ Tm mm ~e ma of ~h~ s~
~e
.~ ~hv~ ~ ~ w~ sd~ ~e ~ ~i~ ~ be fl~ble ~ ~d m ~pp~ ~ ~d
p ~ ~ d~v~ ~ ~ be ~. S~m~ my ~e by ~S or ~& ~ ~d ~volve mom ~ ~ s~
iem ~ ~ to ~oM m~' ~~ befog, ~ or ~ no~ wo~ hem.
prohde ~s~. A ~hni~ ~o~ prom ~ help you sel~ pl~ ~, ~ ~, so~ m, ~. 1~ conau~v
Pl~g pro~ ~o pro~ ~ ~pi~ ~ a ~ m ~ ~s for p~ ~ ~ p~ proj~
Bedded Tre~: ~ees ~at Mve bern rmpo~y pl~t~ ~ ~e ~o~& but ~e not ~ ~eir pem~mt location
Containerized Trees: ~ees ~at ~ve bern tempo~y pl~ted m pl~c con, ers
Direct PlantedTre~:~ees~atwere pl~ted ~re~y ~ ~e ~o~d (i.e. ~s were not bedded or ~om ~ con~~
770 · Washin~on. DC 20005 · 800-846-8733 · F~ 202-628-8735
,c /,,ram ,'zcipient with :he National Tree Trust, l ~ ', .... :.'o .... ' '..
to in,mm that my organizaam can meet the requimmmts
under Section 501(c)(3) (i.e. a nonprofit tax-~aar~
organization) of the Internal Revenue Code of 1986 (26
U.S.C. 501(c)0)), or is a municipality, county, town,
township, state or federal agencT,
· to acknowledge appropriate National Lewel Sponsopa in
press/publicity matemls;
to provide tl~ National Tree Trust with annual reports by
October 1 for two years atNr the seedlin~..are rec. aNed
l~om the National Tree Trust ($e~ specific' ?equir~
outlin~ below);
to phnt trees on public property only;
to coordinate volunteers for the project and to track the
number of voluntee~ and the number of volunteer hours
contributed to the project;
to not sell the trees and to not give them away to the general
public to phnt on private property;,
to provide a mid-storage ~ to hold the tre~ prior to
containefimg/direct planting (Refri~ storage moms or
coolepa 'should be kept between 34 and 40 degrees
~~.);
to provide a location to hold containerized trees, with
adequate waler supply and secmriw,
to be flexible with regard to shipping dat~ and methods;
to acknowledge ,.he appropriate Forest Producm Companies
in any press/publicity malmSals for ~do~/ng the U~;
an>i
outlined below;
· to provide all recc/lZS and invoices pertaining to t~I
purchase/donation of soil'.within 30 days ~ recd~
trees (NTT provides a cash subsidy of $10.00 per cubic
yard for potting medium. One cubic yard will fill approx-
imately 120 2%,allon com/nm~. NTT/a not required toI
rdmburae ~p~nses on invoices submitted after the stated
deadline.); I
° to inform NTT with/ii 30 clays tithe species or quantity of
inI
confirmation lea'r;,
to keep all documems ofpan/cipation with th~ National Tree
Trust on file for a Period of five yeara and to make them
available for inspectims by NTT mpresenlatives;
to make all planting site~ available for site inspections by
I
to safely store empty comainers until the n~ planting
season Unused comam~ remain the property of theI
National Tree Trust and may be recovered by NTT. The
recipient may be responm'bl¢ for reimbursing NTr for the
NTT if cxamainem are requested but not used. i
CAtLE AND MA~fNTENANCE
The minimum care and maintenance program includes the following:
· periodically checking the condition of the containerized/planted trees and providing water for the trees
· rernovimg any vegetation that is interfering with the growth of the trees, priming dead limbs, statdng trees when
necessary, and mulching newly direct planted seedlings
Applicants must be prepared to undertake the above care and maintenance program for a minimum of two years.
A.N~WA L REPORTS
Applicamz must record the following data throughout the Community. Tree Planting project and provide it on the annual report:
· number of tree seedlings received; number of ~eedlingq containerized and/or direct planted
· number oftre~ surviving; location ofcomamefiz~l and/or direct planted seedlings
° number of volunteers; number of volunteer hours
,,dollar val~goods and services; amount of out-or-.pocket expenses
.,I
1
= 199 7 COMMUNITY TREE PLANTING APPLICATION
l_ .......
I ! b. Address (Group/Organization): c. ~ ' '
Evening Phone: ~ ~ ~
:'l ' ipaliry, nonprofit, town, or township): g. where did you learn about the National Tree Trust?
It ~ ,~ ' .: '-:-'
PROJECT ENFOR2vlATION
Note: All seedlings must be planted on public land If you are planning to plant more than 100 of these trees
on land managed by a transportation authority, you must complete the America's Treeways application.
a. If'your project involves roadside planting, how many trees will be planted in this.area9
b. What month (Jan. - April) would you like the seedlings and containers delivered'.5
c. Date(s) of containerization/planting event(s):
d. Have you received the necessary approval for your project fi-om the appropriate authofites? Yes [ ] No [ ]
e. Do you have a plan for'publicizing your event? Yes [ ] No [ ]
f. On a separate sheet of paper, please provide a brief description of your planting project(s). If more than one
project, please describe each individually, listing numbers of trees and dates. Please indicate:
· What is the purpose and intended site (e.g. park, growing center, school, etc.) of your tree planting project?
· List your source(s) of volunteers and all organizations participating in your tree planting project.
· How does your project increase public awareness/education about the benefits of trees to the environment?
· If you are planning PR/media, please list a PR contact fi-om your organization and describe your PR plan.
g. Number of voltmteers/staff participating in the tree planting project:
h. Do you have technical assistance for the project? Yes [ ] No [ ]
i. Who will be caring for and maintaining the trees for the minimum two years required* Applicant [ ] Other [ ]
·
Explain:
~I. PROJECT COSTS
Please provide an estimate of the following for the entire calendar year. Actual numbers will
ibe required for your armual reports.
a~ Number of volunteers (including inmates, youth, and students):
b. Total number of volunteer hours all volunteers will donate:
c. Value of in-kind goods and services, including: loaned tools or
vehicles, donated printing or professional services, etc., but no~t
including tree planting volunteers $
d. V.alu.e of out-of-pocket expenses, including: staff'me, purchase
of minor materials, fees paid to consultants or technical experts, or
expenses related to promoting your event
1120 G St., NW · Suite 770 · Washington, DC
APPLICATION
DEADL13rE
IS
OCTOBER 1!!!
20005 . 800-846-8733 · Fax 202-628-873~~
T~ES, CONTAhNERS & SHIPPING
Please see cover letter for instructions. NTT will make every effort to provide the species and quantifies you
requested on your 1997 Tree Seedling Order For~
Please Note: Species and containers must be ordered in increments of 100. The minimum order is 100.
SPECIES
OUANTITY
AL TERNA TE SPECIES
TOTAL:
b. Total number of trees to be:
1. direct planted into the ground
2. planted in containers
3. bedded
c. Please specify the number of containers (in lOfts) requested for this project:
d. If you are a past participant, how many containers will you be reusing?
Shipping addresses for: Seedlings.
Containers
By signing this application, I certify I have read and understood all of the information in this
application and agree to be bound by the Terms and Conditions set forth and any other conditions of
assistance if and when assistance is approved Failure to comply with the Terms and Conditions will
result in termination of the grant and exclusion from future participation in any NTT program
Applicant signature
Date
The National Tree Trust does not discriminate against any group/o~anizafion on the basis of race, color, national
origin, sex, religion, disability, political beliefs, marital status or familial stares.
THE APPLICATION MUST BE POSTMARKED OR F.-L'{ED NO LATER THAN OCTOBER i. Please send it to: The
National Tree Trust, CTP Program Director, 1120 G St., NW, Suite 770, Washington, DC 20005. If'you wish to fax it,
please send a copy ia the mail as well (Fax #: 202-628-8735). Your application will be reviewed and evaluated, and a NTT
representative will contact you. The National Tree Trust will not consider incomplete application_~
ARE REQUIRED TO RETAIN A COPY OF THIS APPLICATION, iNCLUDING
THE TERMS AND CONDITIONS, ON FILE FOR FIVE YEARS.
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Approval of )
Resolution R-96-71 - Accepting the )
City of Sebastian Storm Water )
Management System Conceptual )
Master Plan & Directing the City )
Approval For Submittal By:
Manager to Coordinate the preparation)
ora Storm Water Utility Ordinance )
)
)
)
City Manager ~ tzfl,~
)
)
)
Dept. Origin: City Manager
Date Submitted: 09/18/96
For Agenda Of: 09/25/96
Exhibits: Resolution R-96-71
EXPENDITURE
REQUIRED: -0-
AMOUNT
BUDGETED: -0-
APPROPRIATION
REQUIRED: -0-
SUblMARY STATEMENT
As you recall, Mr. John Hill, Vice President for Craven, Thompson & Associates, Inc.,
prepared a document entitled the "City of Sebastian Storm Water Management System
Conceptual Master Plan" report to the City and made a presentation to the City Council in
a workshop format on June 10, 1996. Subsequently, he made an additional presentation
formally to the City Council on August 8, 1996. Inasmuch as the work for the preparation
of the conceptual plan has been completed, it is appropriate that the City Council officially
accept the Conceptual Storm Water Master Plan. Additionally, the Resolution calls for
direction to the City Manager for the creation of a proposed Ordinance which would allow
the City Council to consider the creation of storm water utility for a portion or portions of
the City of Sebastian. The Resolution also calls for the Ordinance to be drafted, such that
the City Council could consider the adoption of the Storm Water Utility, prior to the end of ..._-~
this calendar year, 1996.
RECOMMENDED ACTION
Approve Resolution R-96-71, providing for acceptance of the Storm Water Management
System Conceptual Master Plan and directing the City Manager to have prepared a proposed
Ordinance for the creation of a storm water utility.
RESOLUTION R-96-71
A RESOLUTION FORMALLY ACCEPTING THE STORMWATER
MANAGEMENT SYSTEM CONCEPTUAL MASTER PLAN FOR THE
CITY OF SEBASTIAN, PROVIDING DIRECTION TO THE CITY
MANAGER FOR THE PREPARATION OF A PROPOSED
ORDINANCE FOR THE CREATION OF A PROPOSED STORM
WATER UTILITY AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The City Council of the City of Sebastian, Florida
determined that it was in the best interest of the general public
of the City of Sebastian to have prepared a Storm Water Management
System; and
WHE~, The City Council through the use of the Consultants
Competitive Negotiations Act entered into a contractual 'agreement
with Craven, Thompson & Associates, Inc., dated June 14, 1995; and
WHERF. AS,
Supplemental
Pursuant to said contractual agreement, a
Agreement No. 6 called for the delivery of a
conceptual master plan for the surface water management system for
the City of Sebastian; and
WHEREAS, A report entitled, "City of Sebastian Storm Water
Management System Conceptual Master Plan" report to the City, dated
June 10, 1996 and prepared by Craven, Thompson & Associates, Inc.,
was reviewed by the City Council; and
WHEREAS, The City Council finds it appropriate to accept the
Storm Water Management Conceputal Master Plan; and
WHEREAS, The City Council deems it appropriate to consider
the creation of a storm water utility prior to the end of calendar
year, 1996
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. Acceptance. The City Council hereby formally
accepts the Storm Water Management System Conceptual Master Plan,
dated June 10, 1996, prepared by Craven, Thompson and Associates,
Inc. :~
SECTION 2. Direction. The City Manager is hereby directed to
coordinate the preparation of a proposed Ordinance, establishing a
Storm Water Utility for a portion or portions of the City of
Sebastian, such that it may be considered for adoption prior to the
end of calendar year, 1996.
SECTION 3. Effective Date.
immediately upon final passage.
The foregoing Resolution
Councilmember
follows:
This Resolution shall take effect
and,
was moved for adoption by
. The motion was seconded by Councilmember
upon being put a vote, the vote was as
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard Taracka
2
The Mayor thereupon declared this Resolution duly passed and
adopted this , 1996.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Louise R. Cartwright,
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie F. Settles
City Attorney