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10131993
City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIl, REGULAR MEETING WEDNESDAY, OCTOBER 13, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend Ron Barber - Community Baptist Church 4. ROLL CALL AGEND~ MODIFICATION5 (~DDITIONS ~ND/OR DELETIONS} - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6. PROCL~MATION$ ~~NNO~CEMENTS 93.302 A. Proclamation - VFW Buddy Poppy Days (Bill Muller) 7. ~ HEARING, FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action 93.262 PGB 3-22 93.246 PGB 23-37 PGB 39-74 93.283 PGB 75-78 please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. Fey/Gilliams Special Use Permit - Mulching - Continuation of 9/22/93 Hearing (Community Development Transmittal dated 10/6/93, Pelan Letter dated 9/27/93, Cooper Letter dated 10/1/93, Pelan Letter dated 10/6/93, Barkett Letter dated 10/6/93, Dietz Fax dated 10/5/93, All 9/22/93 Backup, Site ~lan Under SeDarate cover) Fischer Special Use Permit - Mulching and Burning (Director of Community Development Transmittal dated 10/7/93, Application, Cooper Letters dated 6/11/93 and 7/30/93, R-92-33, Bound Info..r~ation ~Und~r~ coyer) Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. ae Approval of Minutes - 9/22/93 Regular Meeting, 9/29/93 Special Meeting, 10/6/93 Special Meeting, 10/6/93 Workshop RESOLUTION NO. R-9~-~.9 - Crime Scene/Evidence Technician Job Description (Acting Police Chief Transmittal dated 10/4/93, R-93-49 w/ Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF CRIME SCENE TECHNICIAN/EVIDENCE TECHNICIAN; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 93.303 PGS 79-82 93.304 PGS 83-85 93.305 PGS 87-88 93.306 PGS 89-90 93.307 PGS 91-93 93.308 PGS 95-96 RESOLUTION NQ. ~ - Interpreter Services in Accordance with ADA (Personnel Director Transmittal dated 10/7/93, R-93-52, Contract) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY; AN AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE DEAF SERVICE CENTER OF THE TREASURE COAST, INC. ("DSC") TO PROVIDE INTERPRETER SERVICES ON AN AS NEEDED BASIS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ~ NO. R-93-53 - Trihalomethane Control for Ail Potable Water Drinking Systems Serving General Public (Utilities Director Transmittal dated 10/5/93, R-93-53) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WHICH PROMOTES AND ENCOURAGES THE FLORIDA STATE LEGISLATURE IN PASSING A NEW LAW REQUIRING TRIHALOMETHANE (THM) CONTROL FOR ALL POTABLE DRINKING WATER SYSTEMS SERVING THE GENERAL PUBLIC WHEREIN THE THM'S EXCEED THE ESTABLISHED ENVIRON-MENTAL PROTECTION AGENCY MAXIMUM CONTAMINANT LEVEL (MCL); PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FORAN EFFECTIVE DATE. Waiver of Bidding Procedure - City Clerk - NCR Computer System Hardware and Software - $ 9,163.00 (City Clerk Transmittal dated 10/6/93) Waiver of Bidding Procedure - Finance Department - Two Laptop Computers - Color Notebook by Texas Instruments (Finance Director Transmittal dated 10/6/93) Ge Waldo & Martha Allen - Specimen Tree Removal Request - One Oak - Lot 10, Block 302, unit 10 SH (Director of Community Development Transmittal dated 10/7/93, ApPlication, Map) Judy Marsiglia - Request Use of Community Center - Wedding Reception - 11/27/93 - 12 pm and 5 pm - A/B - Security Paid - DOB 11/16/67 (City Clerk Transmittal dated 9/22/93, Application) 93.309 POS 97-98 93.310 PGS 99-101 93.311 PGS 103-118 11. 12. 13. 93.312 PGB 119-133 Gloria MacGraw - Request Use of Community Center - 50th Anniversary - 11/6/93 - Five Hours - A/B - Security Paid - DOB 1/3/34 (City Clerk Transmittal dated 9/29/93, Application) Christ the King Lutheran Church - Request Community Center - Fall Festival - 10/23/93 - Waive Rental Fee - Security Paid (City Clerk Transmittal dated 9/27/93, Application, Sherratt Letter dated 9/27/93) ~RESENTAT.~ONS NAXOR AND CITY ~ MATTE~,$ A. Mr, Robert~r_e~la~d so~ NO. R~93-54 - National Flood Insurance Reform Act of 1993 - Recommending Changes (City Clerk Transmittal dated 10/7/93, R-93-54) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, OPPOSING SENATE BILL 1405 REGARDING THE NATIONAL FLOOD INSURANCE REFORM ACT OF 1993 AS iT IS CURRENTLY WORDED, AND RECOMMENDING CERTAIN CHANGES WHICH WOULD MAKE THE PROPOSED LAW ACCEPTABLE; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. B. Mavor ~ R. Powell c. ~Frank Oberbeck D. Mrs.,. Ca_~Corum E. Mrs, Norm~ Dam~ CITY MA1TAGER~ ~ REPORTS/RECON}IRNDATIONS A. ConstructioB Board Reappoint John Laman and Jerald Smith for Additional Three Year Terms to Expire September 30, 1996 (Director of Community Development Transmittal dated 9/17/93, 3 Applications) 4 93.313 PG 155 14. 15. 16. B. police ~ Board Confirm Appointment of Fifth Member to Two Year Term to Expire 10/95 (City Clerk Transmittal dated 10/7/93) OLD~ - None NEW BUSINESS - None ~NTRODUCTION OF NEW BUSINE~ BY THE P~BLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) 17. 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.) 5 I I I I I WHEREAS, the annual sale of Buddy Poppies by the Veterans of Foreign Wars of the united States, has been officially recognized and endorsed by governmental leaders since 1922, and; WHEREAS, VFW Buddy Poppies are assembled by disabled veterans and the proceeds of this worthy fund- raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans, and; WHEREAS, the basic purpose of the annual sale of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to "Honor the Dead by helping the living."; NOW THEREFORE, I, Lonnie R. Powell, by virtue of the authority vested in me as Mayor of the city of Sebastian, Florida do hereby proclaim November 6 & 7 1993 to be "BUDDY POPPY DAY" in Sebastian; and Urge all citizens of this community to recognize the merits of this cause by contributing generously to its support through the purchase of Buddy Poppies on the day set aside for the distribution of these symbols of appreciation for the sacrifices of our honored dead. I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men and women of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the city of Sebastian this 13th day of October, 1993. ATTEST: Lonnie R. Powell, Mayor Katnr~h M. O Hai~oran, City Clerk City of Sebastian 1225 Main Street [] SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: CONTINUATION OF SPECIAL USE PERMIT FOR DAMIEN GILLIAMS ON MULCHING FACILITY Approval For Submittal By: City Manager 32958 Agenda Number: Dept. Origin: Community Development ) ) Date Submitted: ) ) For Agenda Of: ) ) Exhibits: ) 1. ) ) 2. ) ) 3. ) ) 4. ) ) 5. ) 6. ) 7. 10/6/93 10/13~9,3 Letter dated 9/27/93 from Keith Pelan Letter dated 10/1/93 from Bruce Cooper Letter dated 10/6/93 from Keith Pelan Letter dated 10/6/93 from Bruce Barkett Fax dated 10/5/93 from Dan Dietz Previous backup Revised Site Plan EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $~RY STATEMENT Since the meeting of September 22, 1993, staff has received the requirements from the Fire Marshall regarding this type of facility. In talking with the applicant's attorney, it is apparent that the planner was not aware of the maximum pile size but, has indicated a well with pump and a 20 foot separation between piles. If the City Council is to approve this special use permit, a revised site plan should be approved by the Fire Marshall. Note #5 on the site plan indicates that the stockpile areas are of general size and location but may change with field conditions and market demand. If the City Council is to restrict the amount of debris stockpiled on this area, staff would request a specific area and size with a maximum height that equates to that maximum amount be specified in order for us to verify in the field. Utilizing the four areas for stockpile debris indicating up to 16,000 cubic yards, if these areas are full with a maximum 25 foot high pile, you Page 2 would have over 40,000 cubic yards of debris.· The site plan still does not indicate any grading that will be necessary in order to verify if any I drainage is being altered on site. Mr. Barkett is indicating that the applicant will comply with the noise ordinance but, staff has serious concerns with the information that we do have regarding the decibel reading of the machinery and the location in the vicinity of residential zones. RECOMMENDED_ACTION Continue public hearing on special use permit application. U R B A N R E $ 0 U September 27, 1993 Community Development Director \~,40, ' City of Sebastian ~,~ ..._ .. 1225 Main Street Sebastian, Florida 32958 . Re: Richard Fey/'Darnien Gilliams' Application for Special Use Permit De. ar Bn:c~: _ _ _ ?' "" .... · "; :' '" · :" ' a follow-up to September 22, 1995 City Council hearing on'the project, ......... _ abowe ~fCrenced the we would like to confirm with you the issues that were raise..d ~ that we can. be. W°rki.ng to'rd ' . -'!'?. resolving them between now and October 13. My understanding Is that the'oU/standing issues are: 1. Fire Protection/Fire Safety ".: ~:" i:i' .' --- 2. Eying projectiles from the wood grinder "'. '.' · 3. Old Dixie Highway '".' '."' 4. Emergency access from the Sebastian Highlands i.:'. ' 5. Existing grades on the property and what if any additional grading is proposed 6. Decibel level of thc wood grinder "i'.'.' .' As we arc worki.n..g diligently to resolve these issues, please review this list and advise us as to its' accuracy. We vail be providing additional information to you regarding the above just as soon as we have it. Cordially, URBAN RESOURCE GROUP Kelth A. Pelan, AICP Associate "- - Richard Fey Damian Gilliams Bruce Barkett File A DIVISION OF K IM L E ¥.H 0 R N A AS SO ClAI E S, IN C URBAN I DEVELOPMENT PLANNING, LANDSCAPE ARCHITECTURE.SiIE GRAPHICS 601 21ST STREET. SUITE 400. VERO BEACH, FLORIDA 32960 VOICE 407.778.3300 FAX 407-562.9689 October 1, 1993 City of Sebastian 1225 Main Street o SEBASTIAN, FLORIDA TELl=PI-lONE {407) 589-5330 o FAX (407) 589-5570 32958 Keith A. Pelan, AICP Associate Urban Resource Group 601 21st Street, Suite 400 Vero Beach, Florida 32960 Reference: Dear Keith: Special Use Permit for Damien Gilliams In your letter dated September 27, 1993 you are asking confirmation of the outstanding issues that were raised at the September 22, 1993 City Council meeting regarding the above referenced project. You have listed the following outstanding issues in your opinion: 1. Fire Protection/Fire Safety 2. Flying projectiles from the wood grinder 3. Old Dixie Highway 4. Emergency access from the Sebastian Highlands 5. Existing grades on the property and what if any additional ~rading is proposed 6. Decibel level of the wood grinder I believe one of the major issues will be the noise created from this type of use which would not alone be contributed to the wood grinder but also other equipment such as chain saws and vehicles that will be used on the property. In knowing the actual decibel readings of the equipment being used, you will need to show how you can meet the maximum 50 Db level adjacent to the residential property to the west and also to the south of your property. I am enclosing a copy of our ordinance regarding this issue for your review. Since the City Council did not finish this item, I believe that some of the other issues are: Determination of whether or not a performance bond will be required. Mr. Barkett had indicated that a performance bond is generally utilized when there are toxic materials being stored on site. The City of Sebastian has required other special use permits for sand mining operations to obtain a performance bond for restoration and compliance with the Land Development Code. Keith A. Pelan october 1, 1993 Page 2 Your calculations for storage of materials should be adjusted to either reduce the maximum height or amount of area in order to come up with the cubic yards you are indicating to store. 3. Security fencing is also an issue that should be addressed. Confirmation from Jim Davis regarding Old Dixie Highway and Dan Dietz regarding the fire protection would be helpful for the City Council. I believe the above items are the outstanding issues that have derived from the meeting but, since the meeting has not been concluded, there still might be other items of importance. If you have any.further questions concerning this matter, please do not hesitate to give me a call. Sincerely, D~irector of Community Development pelan~wp Enclosure CC: Mayor & City Council City Manager U R B A N R E S 0 U R C ~- G R 0 U P October 6, 1993 Mr. Bruce Cooper, Director Community Development City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Special Use Permit Damien Gilliams/Richard Fey Dear Bruce: Enclosed are fifteen (15) prints of a revised site plan and one (1) copy of a letter from Bruce Barkett addressing the outstanding issues on the above referenced application. Please distribute these as appropriate. We look forward to the conclusion of this public hearing on October 13, 1993. Cordially, URBAN RESOURCE GROUP Keith Pelan, AI~ Associate enclosures cc: Damien Gilliams Richard Fey Bruce Barkett File A D J V I S I 0 I~ O F K I M L E Y · H 0 It N & A S S O C I A T E S , I N C . URBAN & DEVELOPMENT PLANNING, LANDSCAPE ARCHITECTURE. SITE GRAPHICS 601 215TSTREET.SUITE400.VERO BEACH, FLORIDA 32960 VOICE 407-778-3300 FAX 407-562-9689 CoH;a , & CHARTERED ATTORNEYS AT LAW 756 BEACHLAND BOULEVARD VERO BEACH, I~LORIDA POST OI~FICE BOX VERO BEACH, FLORIDA 407- ;~31-4~4~ EAX: 407- 2B4- 521B October 6, 1993 Mr. Bruce Cooper Director of Community Development City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Special Use Permit for Damien Gilliams Dear Bruce: We appreciate your letter of October 1, 1993, confirming the outstanding issues regarding the above-referenced special use permit. With regard to those issues, please be advised of the following: 1. Fire Protection/Fire Safety: After consulting withMr. Dietz, we have shown on the plan 20 foot lanes between the stockpile areas, as well as the location for a well and pump. 2. Flying projectiles: No evidence was submitted that this is a problem from this particular mulching equipment, and the manufacturer has confirmed it is not a problem. 3. Old Dixie Highway: The applicant remains willing to participate in any assessment program initiated by the City or the County; Jim Davis is aware of the application, and has made no other requests of the applicant, since the project site is not in the County's jurisdiction. 4. Emergency access from Sebastian Highlands: Residents expressed concern about this, and the fire department has indicated such access is not needed, so it is not shown on the plan. However, if requested by City Council, an emergency access from Sebastian Highlands will be provided. 5. Existing grades: The St. John's jurisdictional threshold is creation of depressions holding 40 acre feet of water or more. No such grading is proposed for this project. Any grading done Mr. Bruce Cooper October 6, 1993 Page Two would be incidental, being only that necessary to support roads and work areas. 6. Decibel level: As suggested by Mr. Nash at the public hearing, the applicant agrees to a condition requiring the applicant to comply with the applicable noise ordinance. In fact, such a condition is not necessary, since the ordinance governs anyway. 7. Storage of materials: Notes on the plan have been amended to reflect a maximum of 60 days' .worth of materials for storage. 8. Security fencing: The applicant has agreed to put security fencing around the perimeter of the site, as shown on the plan. 9. Old Dixie Highway: See Item 3 above. If you have any further questions or comments, please feel free to call me or Keith Pelan. Otherwise, I look forward to the conclusion of this public hearing. Very truly yours, Bruce Barkett BB:bh OTIS HUMANES, FIU CHIEF Battalion Chief Losey Battalion Chief MoNeal Battalion Chief MuCloud Bureau Chief Dietz Administrative Secretary Pnul& Cantlon FACSIMILE COPY COVER SHEET FACSIMILE COPIER NUHSER (407) 770-5117 office Phone (407) 562-2028,. Fire Prevention (407) 770~5121 From One Cover Sheet SPECIAL INSTRUCTIONS: TOTAL PAGES Anirlml C('Jfllrol 5i)?-UOli(J [:xl, 446 224-1444 Division ,)1 ' Fire S,,rvi({,.~ I 567-0000 Esl, ?~ll(lll i AX (407) 557-q323 Oct, 5 '9~ 15:17 I.R.C. FIRE DISTRICT FAX 40777~5117 P. 2 OUTDOOR COMBUSTIBLE STORAGE m AHJ REQUIREMENTS Applies to outdoor sites of land clearing debris, mulch, shavings, firewood, timber or similar material. Note: This does not apply to lumber yard storage areas. FIRE PROTECTION: m The manner in which outdoor storage is arranged (including the size of the plies, and the clearances required from adjacent piles, buildings, and property boundary m lines) should be influenc~d by the protection that is available. The local fire m protection capabilities, such as the public water supply and its record of reliability, the fire flow available, the type of fire clepertment available and the distance it must travel to the site, and the means available for notifying the fire department of a fire, In particular should be evaluated before Choosing a site. SIze; SEPARATION: Pile size shall be 75 X 125 lt. maximum at base Maximum height of 25 feet A minimum 20 feet fire lane shall be maintained between piles A minimum 20 feet distance shall be maintained between the 15lie and grass areas A minimum 100 feet distance shall be maintained between the pile and any light brush, heavy brush or tree line WATER SUPPLY: A dependable water supply Is required Water supply ran be accomplished by 1) 2) 3) Public or private water main Lake or pond with dry hydrant system Well and pump system FIRE .ad~PAIWdOkTU$ ACCE88: Fire apparatus shall have access to at lea~ one side of pile (within 50 feet) vie a roadway of all weatl~ar ~urface sufficiently ~trong enough to support fire apparatus - Roadway shall be continuous loop or wide enough to permit maneuvering of fire apparatus REFERENCED: Fire Protection Handbook Chapter 8.58, 17th edition National Fire Proteciion A~soclation (NFPA) ~46, 1990 edition Standard Fire Prevention Code, 1991 edition City of Sebastian i SUBJECT: SPECIAL USE PERMIT FOR DAMIEN GILLIAMS ON MULCHING FACILITY Approval For Submittal By: City Manager~..,/! ~'~~ POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 · ) Agenda Number: qS.~ ) ) Dept. Origin: Community Development / ) (BC) ) Date Submitted: 9/16/93 ) ) For Agenda Of: 9 2~ ) ) Exhibits: ) 1. ) ) 2. ) )3. ) ) 4. ) 5. ) Letter dated 9/13/93 from Keith A. Pelan Letter dated 9/13/93 from Bruce Barkett Various letters of good standing for Richard Fey Site Plan of proposed facility · Noise specifications on Model 1200 tub grinder EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT PROCEDURES - The City Council will be reviewing the proposed application from Damien Gilliams regarding the mulching facility as a special use permit, pursuant to Section 20A-2.6 of the Land Development Code. Paragraph B of this section states, "The City Council shall not grant any special use permit under this section unless it shall make findings based on evidence presented to it in each specific case that: The granting of the special use permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located; and The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district." 2/,,2- Page 2 The public hearing as required by Section 20A-2.6(D) has been properly advertised and notices have been sent to properties within 200 feet of the property. LOCATION - The site consists of approximately 11 acres located on the west side of Old Dixie Highway and east of the Sebastian Highlands Unit #15. The site currently is vacant except for a single-family residence located in the northeast corner of the property. NOISE - The specification for the tub grinder (mulcher) indicates that this machine will meet the requirements of the Land Development Code regarding maximum permitted sound levels (Section 20A-7.4(G)). TRAFFIC - Old Dixie Highway is currently a one-lane roadway under the jurisdiction of Indian River County. The site plan indicates an average daily traffic generation of 25 to 40 trips. Mr. Jim Davis, County Public Works Director, has stated the applicant would have to improve this roadway to two lanes or the County might approve this use subject to this roadway being designated as one-way. Mr. Davis has also indicated that if the roadway is not improved at this time, he would require the owner to participate in a street assessment program. The City Council and Indian River County would have to work out details on how this property can be assessed by the County for this program. PREVIOUS APPROVALS BY THE CITY - The City of Sebastian has approved a special use permit in the past for a sand mining operation for this property and the adjacent property to the north. This property has never been actively mined and all permits have expired. ZONIN~ - This site and the adjacent property to the north is zoned Industrial. The property to the west is zoned RS-10 .(Residential Single- Family). The property to the south is within the County jurisdiction and has agricultural zoning, RM-6 (Multi-Family) and light Industrial. Staff would find that this proposed special use permit would be consistent, similiar and compatible in nature with intent of the Industrial Zoning. PERFORMANCE BOND - City Council may wish to consider requiring a performance bond be posted that would cover the removal of all materials from the property if the project is abandoned. If this is required, staff would need to determine the amount of the bond based on removing all materials and disposing at a proper facility. PROPOSAL- The site plan indicates a single driveway off of Old Dixie Highway approximately 24 feet in width. There will be a temporary trailer to receive and log in all vehicles coming into the site. The first (East) facility would be the stockpile of mulch that has been processed which is approximately 32,000 square feet or .73 acres. To give you something in relation, a typical Sebastian Highlands lot is approximately 10,000 square feet. Page 3 The second facility would be the stockpile area for the actual landclearing debris. This site consists of approximately 86,000 square feet or approximately 2 acres. It is approximately 465 feet x 185 feet. The third area or facility is for timber stockpile, stockpile for firewood and an area for processing of the timber into firewood. This area consists of approximately 1 acre or 160' x 280'. The last facility to the far west is designated as topsoil processing and stockpile area. This area is approximately 1.2 acres in size. The applicant is requesting a permit for 5 years. Staff would recommend this approval to be consistant with the previous approval by Dr. Fischer and limit this permit to two years. ITEMS THAT STILL NEED TO BE ADDRESSED ® The applicant proposes to explain his marketing strategy for this business at the meeting in order to justify the amount of area needed for stockpile and processing. The applicant proposes to subdivide the house from the remaining amount of property in order to exclude this property from being improved. The applicant will need to provide the City with a new legal description for the remaining area for the site for the mulching facility. The applicant will also have to process a subdivision application through the normal channels of the City of Sebastian. The City of Sebastian approved Resolution R-91-03 for the existing owners to mine and cut down the existing grade to approximately 82,000 cubic yards of sand in order to properly engineer and develop said property. The applicant needs to address how this property will be utilized with the existing topography or if the property is proposed to be sandmined to level the property out. If the applicant plans to sand mine this property, he will need to apply for a special use permit to mine this property. The applicant indicates to have a 60 day supply of materials but, there has been no indication on how the amounts of stockpile areas have been determined to constitute a 60 day supply. The applicant needs to address the west facility that has been indicated as a topsoil processing stockpile area and what processing is involved in this facility. The applicant needs to identify any trees to be removed. STAFF RECOMMENDATIONS - Staff would recommend that the City Council hold the Public Hearing in order to allow the applicant and others to testify arding the merits of this proposal. If the City Council is inclined to Page 4 approve this permit, a resolution should be drafted incorporating all conditions of approval. This matter could be deferred in order to draft the resolution and approve this permit at the next available council meeting. If the City Council has determined there needs to be additional information, then this meeting should be deferred prior to drafting a resolution. RECOMMENDED ACTION Hold the Public Hearing and review the application. U R B N R E S 0 U R C E G r " U P September 13, 1993 Mr. Bruce Cooper, Director Community Development City of Sebastian 1225 Main Street Sebastian, Florida 32958 ~. "z~ Re: LI. Tree Service Special Usc Permit ~ Dear Bruce: . Enclosed arc thirteen (13) prints each of a boundary survey and a Special Usc Permit Site Plan for your use in reviewing this applicatio.n. Under separate cover, you will be receiving a letter from Bruce Barkctt outlining thc request m more detail. ' I met this morning with Jim Davis at Indian River County to review the plan, and told him that you would likely be calling him or requesting his comments on the application. I trust the plan and survey will provide you with sufficient information to prepare your recommendation. Shouldyou need any additional information from myself or thc team, please call. I will call your office on Wednesday, September 15 to arrange to get a copy of your report. Thank you for yOUr time. Cordially, URBAN RESOURCE GRO%e~, i~e, .. Keith A. Pelan Associate enclosures cc: Richard Fey Bruce Barkett Damien Gilliams File D I V I S I O N O F K I M L E Y- H 0 R g & A S S O C I A T E S, I'N C , UiiAN & DEVELOPMENT PLANNING, LANDSCAPE AICHITICTUIE.SITE GIAPHICS 60'1 21ST STREET. SUITE 400. VERO BEACH, FLORIDA 32960 VOICE 40~'.778-3300 FAX 407-562.9689 VVlU.I4.M W, §IEI~IE G. COllINS, JR.' ,r.'TISPHE~N ODNI~LL.Y OF CO4~L. CI~O'FI.IY A, HUDSON' Collir % Brown & Caldwell A'T"T'ORN1EYS AT hAW V~O BEACH. ~A ~ p~A~E EPLY TOi ~ Sep~r 13, 1993 Hr. Bruce Cooper Director of Community Development City of Sebastian 1225 Main Street Sebastian, Florida 32958 Temporary Special use Permit for Processing of Mulch i Dear Bruce: 'My client, L.I. Tree Service, Richard Fey, has submitted under separate cover an application for a temporary special use permit I for a recycling facility to process mulch. The site, approximately 360 feet along Old Dixie Highway, and 1500 feet deep, is zoned industrial, which permits processing activities' as a compatible I land use in the Sebastian Code. My client was aware of this fact when he contracted to purchase the property. This site will be used to take in organic land clearing debris, primarily generated ~-- +~ -~lican~'s landscaping business, but not exclusively, and no burning or other activit~ with an off-site impact. I The project site is bordered on the north by an existing sand mining operation and on the south by groves; therefore these uses present no compatibility issue. On the west, the property is b~rdered by Sqbastian Highlands. Wes~ of the project site the I Hxghlands has a 100 foot drainage easemen~ bordering the project, and within the easement is a canal and vegetation. There is a 50 foot setback shown on the site plan within the project, so that I there is a minimum, of 150 feet of buffering on the w~st. In addition, as the sxte plan indicates, there will be no heavy or noisy equipment operating on the western half of the project~ the I wood grinder wall be between th~ debris stockpile area and the mulch stockpile near the eastern end of the si~e, thus minimizing any generation of noise off-site. I Because the property will be owned by the applicant, and because it is zoned Industrial, which permits processing o~ this type, we feel that the permit will not be detrimental to the public i '- Mr. Bruce Cooper September 13, 1993 Page Two heal~h, safety or welfare and would be c~nsistent with the zoning The facility will also reduce the code and the comprehensive plan. burden on the Indian River County landfill and will provide a service which is needed in the community~ that of processing land clearing debris in an economical manner, without having to truck it down to the county facility. In addition, my client has researched disposal cf the mulch which results from the process, and has determined that he has a readily available market to absorb all of the mulch he can process. Because my client will hav~ invested approximately $1.2 front-end loader necessary to operate this facility, we request permit £or a duration of five years. It is anticipated that =he facility will cause the employment of six to e~ht men or women, and we believe =hat the initial cost, the service provided, and the employment created, Justifies an initial five-year permit. If I can provide any additional information, please do not hesitate to call, and if I do not have the answers, I will find them and get back ~o you as soon as possible. BB~bh Ae always, I look forward ~o working with you. Bruce Barkett TOTAL P. 00S · i MODEL 1200 TUB GRINDER ' i D.B,A. READINGS Re.dj. nils Takon ii{) Power Uni~ End Rtlllnin~ 2100 R.P.M. : ~ . _ Not ChlpplnS . ~ippiag : ~ 20' { S8 dB Pl dB 93 dB 94 dO ' 30' '~ 84dn s7 d~ ~o dS ; 40' 81 dB 85 dB 89 dB 90 dB · 50' 80 dB 83 dB 87 dB 88 dB 75' 78 dB 81 dB 86 dB 86 dB 100' ' 74 dB 78 dB 83 dB 83 ~000', ~6 dB 2000 ' ~ da :. I ~ ~.~ 71 dB ' ~d dB 83 dB 8~ dB , rev. 11~ ~ ~cy. ltng 8yst~ms, 'Inc.' RMH rRA~T F IN CITY LIMITS SEBASTIAN HIGHLANDS R8-10" CiTY LIMITS City of.Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 DR SUBJECT:. HENRY SPECIALA. FISCHERUSE PERMIT FOR )) Agenda Number: q5-2~ ) applicant EXPENDITURE AMOUNT APPROPRIATION REQU I RED: BUDGETED: REQU I RED: ) Dept. Origin: Community Development ) (B,C~ ) Date Submitted: 10/7/93 roved For Submittal By: ~/[]G <Z~/~. ) For Agenda Of: 10/13/93 ity Manager .'~// ) ) Exhibits: ) 1. Application for Special Use ) Permit ) 2. Letter dated 6/11/93 from ) Bruce Cooper ) 3. Letter dated 7/30/93 from ) Bruce Cooper ) 4. Resolution R-92-33 ) 5. Binded backup material from SUMMARY STATEMENT At its regular meeting of July 22, 1992, the City Council approved Resolution R-92-33 for a mulching and burning facility for Dr. Henry A. Fischer. Although the Resolution indicates a legal description with 25.69 acres, the specific site plan that was submitted by the applicant indicated only approximately 6 acres. After reports of a fire within the facility, an on-site inspection was conducted and a determination was made that Mr. Fischer had exceeded the area that was approved by City Council pursuant to Resolution R-92-33. The applicant is now requesting to revise his site plan and also to extend the dare of the special use permit for a 5 year period. Since the operation of this facility, this department has not specifically received any complaints regarding noise or smoke from the surrounding residents to the east. After talking with Chief Dan Dietz with the Indian River County Fire Department, he has indicated that their department has Page 2 received approximately 1/2 dozen complaints in the past >,ear but. they were not aware that this facility was located within the City of Sebastian and referred those to another agency. The applicant has indicated his willingness to comply with the Fire Department's restrictions on burning which are as follows: 1. No burning when there is a northeast wind. 2. No burning when there is a west wind. 3. No burning when any wind exceeds 20 miles per hour. The applicant can call the Fire Department daily to receive permission based on the weather report. The existing facility is located at the far west end of town and access is gained at the intersection of C.R. 510 and C.R. 512. The proposed new site area will consist approximately 25 acres which surrounds the existing sandmining operation. This property is currently under a preliminary subdivision development which is soon to expire next year. The property is currently zones RS-20. The applicant has indicated a maximum stockpile of 145,886 cubic yards on 5.59 acres of land. The site plan indicates 26 areas for stock pile which will consist of a 75 x 125 foot base with a maximum pile height of 20 i:.;et. There will be 7 sites that will be utilized for processing of top soil. There will be 4 sites for the mulching machine to be located to process the material. Basically, all 25 acres will be utilized in the operation of the facility. Prior to the meeting, the City Engineer and myself will conduct an on-site inspection and will video tape the existing area for your information. The applicant has also indicated that he will provide a professional video of the operation. I did identify in a letter dated July 30, 1993 that it might be helpful for City Council to know how much debris (cubic yards) has been received and how much has been processed and removed. The aplicant has indicated that they have shipped approximately 641 tons of timber products for use as paper and plywood. Apparently for business reasons, the applicant is reluctant to give specific information on the amounts of materials received and removed from the property. In the applicant's booklet, Empire Engineering and Testing, Inc. conducted sound readings within 300 feet of the mulching facility which indicates an average of 66 Db to the east, 69 Db to the north and 71 Db to the west. The Land Development Code would require a maximum of 50 Db to the adjacent lot or property that is zoned residential. These readings should have been conducted on the east side of the river on the closest adjacent residential lot to indicate a maximum DB level. P~ge 3 order ~¢~ a'~ow th~~ ~,l~,F].ic'~r~l and c~;hc~r~ ~e testify regardin'~, the merits of ;his proposal. If 'cbc C]'~ Count. il is incline¢] ~o approve ~his permit, a resolution should b~ dr~-~tcd incorporatin~ all conditions of approval. This ma~;¢r could b~ de£erred in order to dra£~ the resolution and approve ~hi$ permit at the next available ¢ouncii meeting. ]f ~he City Council has de~e~'mined ~here needs ~o be additional inforination, then this meeting should be deferred prior to"draf~ing a resolut ion. RECOMMENDED ACTION Hold the Public Hearing and review the application. APPLICATION FOR SPECIAL USE PERMIT In accordance with Section 20A-2.6, Land Development Code, tile City Council may, in its sole discretion, grant a special use permit tn any disbzlob for a use which is hoe provided for In bhe zoning regulations. All ouch ustc shall not be otherwise illegal, and shall no~ be epecifica[ly prohibited pursuant eo ~he comprehensive plan or oehe~ applicable la~ cE ~egu[aeione. The City Council shall nos gtan~ any special use petmi[ under Chis oection, unless i~ shall make finSings based upon She evidence presented eo ie .in each case eha~i 1) The g~anting o[ the pe~mi~ ~l[[ no[ be deerieenea[ to the public safety, hen[eh or ~elEare o~ be injurious eo 'oehe~ properties o~ improvements utthtn the immediate vicinity in ~hioh the property ts ~ocaeedl and 2) The use requested is eons/sCene ~Jth She purpose and intent o~ the ~eepeceive dtetttc~, and can be demonstrated eo be similar in na~uce and compatible ~tth ~he uses allo~ed in such district. The ice iora special uae permit is $[50 (established by Resolution No. R-88-09). In addition the applicant mue~ provide ihs City Clerk's oEiice ~ith a lies o~ the surrounding proper~y o~ne~s ~t[hin a 200' radius cE She sub,ecl property along ~ith ~he appropriate cer[i[led ~e~u~n ~eceipe mailing ice {curEent[y $2.29 Eot .U.S. mailing). NAME OF ~PLICANT~ lt~u~ A. Fi6ch~.~ ~DRESS OF APPLICANT: I0715 U.S. ~ Sebastia~i, FL 32958 APPLICANT PIIONE [z (407] 589-~159 ADDRESS OF SUBJECT PROPERTY, LEGAL DESCRIPTION OF SUBJECT PROPERTI~ A.f.f. o~ .the No~.th~vt,~.t one ~,~,'~'.t~.r of See_Ilo, 25, Totan6ftip $1 Sou,tit, Rauge 38 ica6t, ('.giug {ue6t lite Sebastian River, l.d2an Rive~ Counts. ZONING OF SUBJECT PROPERTY,... REASON FOR REQUEST FOR SPECIA5 USE PERMIT~ !..)..~xZen~ d~te o~ per.il Zermin~tion ~o $ ~e~ Irom rene~,a~ ~ue~,,t o{ Hena!~6 Loop Rortd T~E BUILDINO O?FICIILb MAY I~QUIRll RDDi?IONAb BACKUP INFORMATION FOR CERTAIN P~QU~B?8 Date Ju~te I1, 1993 b:specuae'.app ' i City of Sebastian POST OFFICE BOX 780127 c~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 June 11, 1993 Dr. Henry A. Fischer P.O. Box 780068 Sebastian, FL 32978 Reference: Dear Henry: Resolution R-92-33 At its regular meeting of july 22, 1992, the City Council adopted Resolution R-92133 which authorized the operation of a mulching and burning facility on your land known as San Sebastian Springs West. Your application was submitted with a site plan identifying the specific area that would be utilized for this operation. After reports of a fire within your facility, I conducted an on-site inspection regarding this property to determine compliance of the conditions set forth by City Council. My inspection reveals that you are stock piling material~ in excess of the designated area which constitutes a violation of the conditions of Resolution R-92-33. Pursuant to our conversation last week regarding this matter, you had indicated that you were going to pursue a revised site plan and present this to the City Council for their approval. Enclosed is a special use permit application which will have to be filled out and the $150.00 fee be paid in order to process your request. Please submit this information prior to June 17, 1993 in order to place this matter on the June 23rd City Council meeting. The city Council meeting of June 23rd will only set the public hearing for the actual review and approval of your proposed amendment to the special use permit. Your anticipated cooperation in this matter is greatly appreciated. Thank you. Sincerely, Director of Community Development BC/gk R9233.wp Ci0, of eba.ytiat I i225 MaJ.l~ .~l[:r~.:el:, ['.~I~IIAE;I AI,I. I.I.(,IIIII)A ~,~'~',11 ~ TELEPI lONE (407) 589-53311 ~ FAX (,It~/) 5[1g-5[~I(} July 30, 1993 Dr. Henry A. Fischer P.'O. Box 780068 Sebastian, FL 32978 Reference: Special Use Permit Dear Dr. Fischer: On June 14, 1993, I received your application and l?ayment of fee for your request to amend your special use permit pursuant to my letter dated June 11, 1993. I received the following documents: 1. Special Use Permit Application, A letter dated June 24, 1993 from Henry A. Fischer identifying the amended area, A copy of your Preliminary Subdivision for San Sebastian Springs West with a highlighted area identifying the proposed new area for your facility. I will be placing this item on the City Council's agenda of August 11, 1993, only to set the required public hearing on September 8, 1993, for your special use permit. I have previously been in contact with Hank in regards to your application and requested additional information and data the City Council would need in reviewing your proposed amendment~ I would request a site plan (to scale) havin9 the following information; Legal description and site data identifying the specific area that will be utilized in the operation. Dimensions and specific coordinates shall, be utilized from the land surveyor's PCM's. In order for field verification, proper monumentation shall be installed within, line site of each other, along the perimeter of the proposed site. The site plan should indicate the access road via County Road 512. ttenry A. Fischer July 30, 1993 Page 2 Identify the specific location for the mulching machine, air curtain incinerator and any other apparatus or equipment that will be utilized in this operation. Identify tile stockpile area of the raw material. Identify any areas for processed materials such as mulch and fire wood. The City Council will need to know the maximum stockpile area that you plan to keep on site for the raw materials. This should be identified on Bow much land area and volume (cubic yards or other acceptable measure) that would be kept on site. You should also identify the amount of raw materials that cau be processed (mulching and air curtain incinerator) in one day. With this information, the City Council could determine how long it would take to process all the materials that you may have stockpiled on the property. Since you have been in business for some time now, it Oould be helpful to identify the amount of raw materials that you currently have on your property, the amount of raw materials that you have received, and how much processed materials you have sold. If .the City Council is inclined to require a performance bond to ensure compliance of its requirements, staff will need information regarding the approximate cost that it would take 'to remove all of the stockpile and process materials on site. After determining the amount of stockpile materials in cubic yards or other acceptable measures, you will need to provide costs to remove the debris away to a proper disposal facility. This should also include the cost of disposing the material at a proper landfill site. Staff has concerns with the amount of existing stockpile area that you do have and your reasoning for the need for the amount of area you are requesting. I believe with the above information and an outline of your marketing strategy for this operation will be essential for City Council to review your request. Staff will need the above reference information by no later than August 31, 1993 in order to forward this to the City Council in their agenda packet. Henry A. Fischer July 30, 1993 Page 3 If you have any further questions concerning this matter, please do not hesitate to give me a call at 589-5537. Sincere~,~ Director of Community Development BC/gk fsup.wp cc: Mayor & City Council RESOLUTION NO~: R-92-33 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTYt FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE OPERATION OF A MULCHING AND BURNING FACILITYt PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN~ FOR A TRACT OF LAND APPROXI~TELY 25.69 ACRES IN SIZE LOCATED NORTH OF COUNTY ROAD 512, WEST OF THE SEBASTIAN RIVER, AND EAST OF THE WESTERN CITY LIMITS, LOCATED iN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA'* PROVIDING FOR COMPLIANCE NiTH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN'* PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECI]tL USE PERMIT'* PRESCRIBING A TIME ~HEN THE SPECIAL USE PERMIT EXPIRES,* PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT .HEREWITH'* PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Henry Anthony Fischer, individually, ( "the Applicant"), has applied for the issuance of a special use permit for the operation of a mulching and burning facility on a tract of land which is located in the City of Sebastian, Indian River County, Florida; and WHEREAS, the Applicant, and his representative, have participated An various pre-application discussions with appropriate members of the City staff; and WHEREAS, the City staff has determined that the Applicant's application for a special use permit should be approved subject to certain conditions; and WHERE~S, at its regular meeting on May 21, 1992, the Planning and Zoning Commission recommended approval of the Applicant's request for the granting of a special use permit for the operation of a mulching and burning facility on a tract of land the Applicant owns located in the City of Sebastian; and WHEREAS, the City Council has considered the recommendations and comments of the Planning and Zoning Commission and the city staff; and WHEREAS, the City Council has conducted a public hearing after compliance with the provisions of Section 20A-2.6 D of the Land Development Code of the city of Sebastian to afford the.input of comments and evidence from all 'interested persons, citizens 'and affected persons; and WHEREAS, the City Council has determined that the granting of the special use Permit to the Applicant will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the Applicant's property that is the subject of the special use permit is located, and will reduce the use of the Indian River County landfill for disposal of land clearing materials; and WHEREAS, the City Council has determined that the use requested by the Applicant, that is, the operation of a mulching and burning facility, is consistent with the purpose and intent of the zoning district where the Applicant's property that is the subject of the special use permit is located and is similar in nature and compatible with the uses allowed in that zoning district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. SPECIAL USE PERMIT. The application for the issuance of a special issue permit for the operation of a mulching 2 and burning facility submitted by Henry Anthony Fischer, individually, for the real property located at North of County Road 512, East of the Sebastian River,'and West of the western Sebastian city limits, in the city of Sebastian, Indian River County, Florida, being more particularly described as follows: "The West 475 feet of the North 2356.24 feet of the Northwest one-quarter of Section 23, Township 31 South, Range 38 East, lying West of the Sebastian River. Said land situate in Indian River County, Florida, and containing 25.69 acres, more or less. is granted, subject to the in this Resolution. requirements and conditions contained ~ection 2. CONDITIONS OF APPROVAL ANDCONTINUATION OF THE SPECIAL USE PERMIT. The approval of the City Council of the application of the Applicant for a special use permit that is the subject matter of this Resolution and the continuation of such special use permit until its expiration (as provided for in Section 3 this ResolUtion) is conditioned on the continuous satisfaction of, and compliance with, the following requirements by the Applicant or his successors and assigns: 1. Compliance with the provisions of all applicable federal and Florida statutes, rules and regulations, county ordinances and the ordinances and resolutions of the City of Sebastian, including, but not by way of limitation, all sections of the Land Development Code of the City of Sebastian. 2. Securing all required permits from the Florida Department of Environmental Regulation, and all other state, federal, county and city agencies and departments. 3. Utilizing the private road Applicant as Watervliet Avenue (also known extension), which is owned by the Applicant, designated by the as the C.R. 510 for all vehicular traffic associated with the mulching and burning facility. 4. Obtaining and maintaining an occupational license from the city for the mulching and burning facility. 5. Operating the mulching and burning facility in a manner that does not create any smoke, glare or other visual hazards in violation of Section 20A-5.15(C) (b) of the Land Development Code of the city of Sebastian. ct~_~Q~]_~. EXPIRATION OF THE SPECIAL USE PERMIT. The Special Use Permit granted to the Applicant pursuant to this Resolution shall expire on such date that the subject property ceases to be used primarily as a mulching and burning facility or on such date as a building permit is applied for by the owner (or his or her agent or representative) of a lot ,located within the subdivision where the mulching and burning facility is located or on the two year anniversary of the granting of the special use'~ermit pursuant to this Resolution, whichever date first occurs. Section 4. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. 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 4 the city Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. ~ EFFECTIF~ DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Council Member ~~_._X' The motion was seconded by vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Peter R. Holyk Council Member George G. Reid The Mayor thereupon declared this Resolution duly passed and J~/~,~RI~~C SEBASTIAN, FI~,Ri,~ ATTEST: ~onn~e -R~ ~P~i~r~a ~o'~ / Kathryn ~. O'Hallor~n, CMC/AAE city Clerk (Seal) 5 I HEREBY CERTIFY that notice of public hearing on this I Resolution was published in the Veto Beach Press Journal as requi~ed by Section ZOA-2.6 D.1 of the Land Development Code of the City of Sebastian, Florida,-that one public hearin~ was held I on this Resolution at 7:00 p.m. on the ~/day of ~ , 1992, and that following said public hearing this Re~l~F~lon ~s passed by the City Council. I Kathryn~. O"Hal'lora~, CMC/AAE I city Clerk · Approved as to~m~d Content: I ' , City Attorney 6 ! ! i .. I I I I I i I u i City of Sebastian I POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MINUTES I SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, SEVITMBER 22, 1993 - 7:00 P.M. I CITY COUNCiL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CiTY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. Mayor Powell called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Invocation was given by Reverend Donald Swope, Sebastian Presbyterian Church. 4. ROLL Present: Also Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland City Clerk/Acting City Manager, Kathryn M. O'Halloran City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Finance Director, Marilyn Swichkow Acting Chief of Police, David Puscher Utilities Director, Richard Votapka Personnel Director, Wendy Widmann Golf Course Pro/Manager, Joseph O'Rourke Airport Manager, John Van Antwerp Deputy City Clerk, Sally Maio Regular City Council Meeting September 22, 1993 Page Two 93~148 AGENDA MODIFICATIONS ..(.~AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19)'. None. 6. ~ROCLAMATiONS AND/O~ ANNO~O~E~S None. The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action ~_/ease Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. RESOLUTION NO. ~ - Propose4 Millage Rate of 6.900 MILLS (2nd Public Hearing and Final Adoption) (Finance Director Transmittal dated 9/15/93, R-93-40) RESOLUTION NO. R-93-40 IS TO BE READ IN FULL IN ACCORDANCE WITH FS 200.065 (2)(4) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE LEVY OF AD VALOREM TAXES FOR THE CALENDAR YEAR 1993; PROVIDING FOR DEPOSIT OF TAX LEVIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Public Hearing and Tentative Adoption 9/7/93, Advertised 9/18/93 Sebastian Page) Mayor Powell opened the public hearing at 7:03 p.m. and the City Attorney read Resolution No. R-93-40 in its entirety. 2 Regular City Council Meeting September 22, 1993 Page Three 93. 148 Being no public input, Mayor Powell closed the public hearing at 7:06 P.m. MOTION by Freeland/Oberbeck I'd move to adopt millage rate Resolution No. R- 93-40. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 ~ESOLUTION NO, ~ - Tentative ~ Fiscal Year Budqe~ (2nd Public Hearing and Final Adoption) (Finance Director Transmittal dated 9/15/93, R-93-41, Pgs 59-60) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993, AND ENDING SEPTEMBER 30, 1994; APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1994, SUCH APPROPRIATIONS BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO AMEND THE SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING AS OF SEPTEMBER 30, 1993; PROVIDING A MEANS TO AMEND THE SAID BUDGET TO REFLECT GRANTS RECEIVED AFTER SEPTEMBER 30, 1993; PROVIDING A MEANS TO AMEND SAID BUDGET SO AS TO CARRY FORWARD UNENCUMBERED BALANCE IN CAPITAL PROJECTS FUND; AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE INCREASED THEREBY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. (1st Public Hearing and Tentative Adoption 9/7/93, Advertised 9/18/93 Sebastian Page) Mayor Powell opened the public hearing at 7:07 p.m. and the City Attorney read Resolution No. R-93-41 by title only. Regular City Council Meeting September 22, 1993 Page Four Being no public input, Mayor Powell closed the public hearing at 7:08 p.m. MOTION by Oberbeck/Corum I would move to adopt Resolution No. R-93-41 establishing the budget. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 93.271 em REBOL~TION NO. ~ - Golf Course Rates (Finance Director Transmittal dated 9/15/93, R-93-46) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO GREENS FEES AND GOLF CART FEES AT THE MUNICIPAL GOLF COURSE; PROMULGATING A NEW SCHEDULE OF GREENS FEES AND GOLF CART FEES; PROMULGATING A NEW SCHEDULE OF ANNUAL MEMBERSHIP FEES; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER CERTAIN CIRCUMSTANCES; AUTHORIZING THE GOLF COURSE MANAGER TO ADJUST THE SUMMER FEE SCHEDULE WITHIN THE SPECIAL RANGE FOR MARKETING PURPOSES; AUTHORiZiNG THE GOLF COURSE MANAGER TO ADJUST THE RATION OF TEE TIMES RESERVATIONS BETWEEN MEMBERS AND NON-MEMBERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Advertised Legal Notices 9/15/93, Posted at GC) Mayor Powell opened the public hearing at 7:09 p.m. and the City Attorney read Resolution No. R-93-46 by title only. Betty O'Connor, 491 Thomas Street, Sebastian, urged City Council to authorize the Golf Course Manager to adjust fees during the season. Thomas Wojciechowski, Sebastian, spoke on Golf Course finances and urged approval. The Golf Course Manager endorsed approval. Mayor Powell closed the public hearing at 7:20 p.m. 4 Regular City Council Meeting September 22, 1993 Page Five City Council members offered input on the rates. MOTION by Corum/Damp I move to adopt the Golf Course rate Resolution R-93-46 for the 1993/1994 fiscal year. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 93.262 De Fey/Gilliams Special Use Permit - Mulching Facility (Director of Community Development Transmittal dated 9/16/93, Pelan Letter dated 9/13/93, Barkett Letter dated 9/13/93, Letters Re: Fey, Map, Tub Grinder Specs, Site Plan Under Separate Cover) The City Attorney advised City Council on procedures for the hearing; i.e., to take staff input, applicant input and affected party input. He defined affected parties as those directly affected by the sandmining by virtue of their proximity to the subject property. Mayor Powell opened the public hearing at 7:32 p.m. Bruce Cooper, Director of Community Development, upon being sworn in, addressed city Council on the application for a mulching special use permit in accordance with 20A-2.6 of the Land Development Code. He presented a survey of the property on a projection screen and reiterated concerns as expressed in his transmittal to City Council. Bruce Barkett, representing the applicant, inquired about the need to subdivide the property. The City Attorney responded that the requirement to subdivide is based on the Indian River County Solid Waste ordinance. Mr. Barkett inquired whether this could fall under minor subdivision, and stated, for the record, that the applicant will participate in a road assessment program. Regular City Council Meeting September 22, 1993 Page Six TAPE I - SIDE II (7:50 p.m.) Stan Drewer, Balboa'Street, Sebastian, addressed City Council. Mr. Barkett said he did not object to anyone speaking on the matter. Rene G. Van de Voorde, 12450 Roseland Road; .Harry Thomas, Jr., 654 Balboa Street; and Alice Allard, 581 Balboa Street, all of Sebastian addressed the Director of Community of Development. The Director of Community Development said he would recommend that certain hours of operation be established and Mr. Barkett said he was willing to work with the City to establish specific hours. Walter Barnes, 402 Azine Terrace; Sal Neglia, 461 Georgia Boulevard; Byron Hanson, 430 Arbor Street; Keith Miller, 961 Riviera Avenue; Francis Dye, 424 Arbor Street, all of Sebastian, addressed the Director of Community Development. Mayor Powe11 called recess at 8:30 p.m. and reconvened the meeting at 8:50 p.m. Ail members were present. Fred E. Jones, 475 Arbor Street; and A1 Vilardi, 445 Georgia Boulevard; both of Sebastian, addressed the Director of Community Development. TAPE II - SIDE I (8:55 p.m.) Mr. Vilardi continued his inquiry. Mr. Barkett inquired what type of equipment is used in the sandmining property to the north of the subject property. Keith Pelan, Urban Resource Group, representing the applicant and upon being sworn in, presented the site plan to City Council. The City Clerk/Acting City Manager presented a revised site plan to City Council as presented by Mr. Pelan. Mayor Powell objected to receiving revised material at a meeting. Mr. Barkett said none of the revisions are substantial, had been submitted last Friday and requested permission to continue his presentation. 6 Regular City council Meeting September 22, 1993 Page Seven City Council posed inquiries to the applicant. Damian Gilliams, 1623 U.S. Highway One, Sebastian, co-applicant, upon being sworn in, addressed City Council. City Council inquiries continued. Mr. Barkett presented proposals from potential clients to the City Clerk/Acting City Manager for distribution to the City Council. t~o· t~stifie~ expressed willingness Gilliams and his qooperate with Indian River County. It was noted that subdivision has to to approval go Planning and Zoning. City Council discussion continued. TAPE II - SIDE II (9:42 p.m.) Public inquiries were taken as follows: Rene Van de Voorde, inquired who was the applicant. Damian Gilliams, responded that he is the applicant in care of Richard Fey, that the property is currently under contract for sale to L.I. Tree Service, Richard Fey, and that he has the approval of the current property owners. Harry Thomas, Sal Neglia, Keith Miller, and Francis Dye, made inquiries to the applicant. Rene Van de Voorde, Harry Thomas, John Revella, Walter Barnes, Sal Neglia, Arthur Firtion, 750 South Fischer Circle, TAPE III - SIDE I (10:22 p.m.) and A1 Vilardi, all of Sebastian and upon being sworn in, addressed City Council. Mr. Vilardi presented a petition to City Council. 7 Regular City Council Meeting September 22, 1993 Page Eight 93.263 Mr. Freeland was excused from the meeting at 10:29 p.m. At 10:30 p.m. Mayor Powell requested that the meeting be extended so that certain items on the agenda can be addressed. Motion was made and withdrawn to extend the meeting for fifteen minutes and Mr. Oberbeck requested that the current applicant be asked to permit the City Council to go on to other items. Mr. Oberbeck was excused at 10:30 p.m. MOTION by Damp/Corum I make a motion that we extend the meeting for ten minutes. ROLL CALL: Mr. Freeland - absent Mayor Powell - aye Mr. Oberbeck - absent Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 3-0 (Freeland and Oberbeck absent) MOTION by Corum/Damp I'd like to make a motion to extend this public hearing until October 13. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - absent Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - absent MOTION CARRIED 3-0 (Oberbeck and Freeland absent) The City Attorney advised City Council not to discuss this matter with the public since it is a quasi- judicial matter. Chapter 180 FS Public Hearing Re= General Development Utilities Water and Wastewater Facility acquisition (Finance Director Transmittal dated 9/16/93) Mayor Powell opened the public hearing at 10:37 p.m. Regular city Council Meeting September 22, 1993 Page Nine The City Attorney advised that City Council will be receiving a revised agreement and recommended that City Council continue this hearing when placed on the agenda by the Acting City Manager. _ The Finance Director advised that the rate increase deadline is October 1, 1993. The City Attorney said staff can contact Mr. Fancher for assurances f~om him that he is aware that the city is progressing an good faith toward acquisition. Discussion took place on the possibility of calling a special meeting next week. Mayor Powell closed the public hearing at 10:38 p.m. and stated that anyone signed to speak will be carried forward to the next meeting. 8. CONSEI~ AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 9/7/93 Special Meeting, 9/8/93 Regular Meeting, 9/15/93 Special Meeting 93.280 RESOLUTION ~ R-93-45 - Vacation of Easement - Kline (City Clerk Transmittal dated 9/15/93, R- 93-45, City Engineer Memo dated 9/1/93, Application, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING, AND DISCONTINUING THE WEST FIVE FEET OF THE EAST TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 22, BLOCK 176, SEBASTIAN HIGHLANDS UNIT 6, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-97, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting September 22, 1993 Page Ten 93.251 C. 93.282 9~ .. 283 RESOLUT~O~ NO. R-93-47 - Engineering/Public Works Technician Job Description (City Engineer Transmittal dated 9/10/93, R-93-47 w/Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF ENGINEERING/PUBLIC WORKS TECHNICIAN; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. R_~ NO. R-93-48 - Family and Medical Leave - Add to Standard Operating Procedures (Personnel Director Transmittal dated 9/15/93, R-93-48) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A FAMILY AND MEDICAL LEAVE POLICY; PROVIDING FOR THE INCLUSION OF SUCH POLICY IN THE CITY OF SEBASTIAN'S STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-93-49 - Crime Scene Technician - Evidence Technician Job Description (Acting Chief of Police Transmittal dated 9/15/93, R-93-49 w/ Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF CRIME SCENE TECHNiCIAN/EVIDENCE TECHNICIAN; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 10 Regular city Council Meeting September 22, 1993 Page Eleven 93.196 F. 93.254 93.284 93.285 93.286 93.287 93.288 RESOLUTION No. R~93~50 - Revised Price Airport Lease Agreement (City Clerk Transmittal dated 9/16/93, R-93-50, Revised Lease Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND CHARLES CLAY PRICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Bid Award - U.S. Highway One Medians - Jack and Bore - Glisson & Sons, Inc. - $5,500.00 (city Engineer Transmittal dated 9/14/93, Bid Tabulation) Receive Code Enforcement Order - Patton (93-8038) (Amended Order) Burgoon Berger - Specimen Tree Removal Request - One Pine - Lots 24 & 25, Block 333, SH Unit 13 (Director of Community Development Transmittal dated 9/9/93, Application, Survey) Hinzman Construction Co., Inc. - Specimen Tree Removal Request - One Pine - Lot 10, Block 81, SH Unit 2 (Director of Community Development Transmittal dated 9/10/93, Application, Survey) Request for Use of Yacht Club - Askins Wedding Anniversary - 1/22/94 - i pm to 5 pm - A/B - Security Deposit Paid - DOB 11/13/16 (City Clerk Transmittal dated 9/8/93, Application) Request for Use of Community Center - Jill Frost - Sebastian Panthers - Dance - 10/1/93 - Request Reduction of Security to $100 and Full Fee Waiver (City Clerk Transmittal dated 9/16/93, Application) The City Clerk/Acting City Manager requested that item E - Resolution No. R-93-49 - be removed from the agenda at this time. Mayor Powell recommended that items G, H, I, J, K, L be addressed at this time. 11 Regular City Council Meeting September 22, 1993 Page Twelve Mrs. Corum removed items H and I. The City Attorney read titles for Resolution Nos. R- 93-45 (Item B), R-93-47 (Item C) and R-93-48 (Item D). Mrs. Corum removed items F and D. (Items D, E, F, H and I were removed) Mayor Powell called for a motion to approve items A, B, C, D, G, J, K and L. MOTION by Corum/Damp I make a motion to that effect with the exclusion of item D for clarification. ROLL CALL: Mr. Oberbeck - absent Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - absent Mayor Powell - aye MOTION CARRIED 3-0 (Oberbeck and Freeland absent) 93.282 Leave Mrs. Corum requested that all occurrences of "must" and "will" be changed to "shall". City Council concurred. MOTION by Corum/Damp ' I make a motion to approve item D of the consent agenda with corrections - Resolution No. R-93-48. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - absent Mayor Powell - aye Mr. Oberbeck - absent MOTION CARRIED 3-0 (Oberbeck and Freeland absent) MOTION by Damp/Corum I make a motion that we extend the meeting another five minutes. 12 Regular City Council Meeting September 22, 1993 Page Thirteen ROLL CALL: Mrs. Damp - aye Mr. Freeland - absent Mayor Powell - aye Mr. Oberbeck - absent Mrs. Corum - aye MOTION CARRIED 3-0 (Oberbeck and Freeland absent) 93.196 Item ~ ~QJ~%~J~J/NO~~aPriceA%rportLease Mrs. Corum suggested that rent based on the consumer price index be reviewed annually rather than every five years. This item was deferred until staff can contact Mr. Price so that he can be in attendance. The Finance Director requested that item 15A be moved up on the agenda and City Council concurred. 93.263 15. A. Purchase of the C~eneral Development ~k~m Sebastian ~iqh~an~s Water and wastewater Facilities ~ Contracts with Consultants to Accomplish Bond Financinaand~urcbase/~ Director Transmittal dated 9/16/931 The Finance Director reiterated the task force recommendation relative to engagement of certain consultants (see attached) MOTION by Damp/Corum I so move. Mrs. Corum suggested using different bond counsel rather than Nabors, Giblin & Nickerson. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - absent Mrs. Corum - nay Mrs. Damp - aye Mr, Freeland - absent MOTION FAILED 2-1 (corum - nay - Oberbeck and Freeland - absent (Three Affirmative Votes Required by Charter) 13 Regular City Council Meeting September 22, 1993 Page Fourteen Mayor Powell adjourned the meeting at 10:55 p.m. The following items were not addressed. (These remaining items, consent agenda items F, H and I and item 15.A. will be carried to the September 29, 1993 Special Meeting which was called by Mayor Powell on September 23, 1993.) 9. PRESENTA?IONS 93.289 ~ NO. ~ = Florida ~y Government Week = October 1 = 9. 1993 = Recn/ested bv CouncilmemberCorum-~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 3-9, 1993, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 93.249 John ~ Chamber of ~ = Santa add ~ ~on~erland ~ Clerk ~ransmittal dated ~ i~ Letter dated ~ 10. M~YOR ~D CITy COUNCIL ~ATTERS 11. CITY ATTORNEY NATTERS i2~ CITY ~Jk.-%~G~R MATTERS 13. ~E REPORTS/RECOMMEND~TIONS 14. OLD BUSINESS - None 15. ~ BUSINESS - None 16. ,INTRODUCTION OF NEW BUSINESS BY TH~ ~ (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) 93.290 Joan Girardi. 917 FranciscaD Avenue, Senior Recreation ~roarams (Letter dated 9/7/93) 93.291 Lawrenc9 Hardison =~_r_~_~r/l~l Order of Police Request to Use ~ Park North 1__Q/~93 - 10/24/93 (Director Development Transmittal dated 9/7/93. Hardison Letter dated 9/22~93) 14 Regular city Council Meeting September 22, 1993 Page Fifteen 93.292 C. Cindy Tirro, Indian River Recvclers ~ Request ~o Pse ~$vervSewParkmSwaD~ 9/26/93. 10/31/93. 11/28/93 and ~ with Alternate Dates (DSrectorofCo]~munitv~y_e~ Transmittal dated 9/10/93. Tirro ~ ~ated 8/26/93) Approved at the Meeting. , 1993, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE city Clerk 15 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, SEFYF34BER 29, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. Mayor Powell called the Special Meeting to order 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. No Invocation was given. 4. ~ ¢~.LL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran City Attorney, Charles Nash Director of Community Development, Bruce Cooper Finance Director, Marilyn Swichkow Utilities Director, Richard Votapka Airport Manager, John Van Antwerp Deputy City Clerk, Sally Maio at Special city Council Meeting September 29, 1993 Page Two 93.263 &GENDA MODIPICATIONS/A~~DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). None. 6. PROCLAMATIONS A.HD/OR ANNOUNCEMENTS Mayor Powell announced that Planning and Zoning Commissioner, J.W. Thompson's wife has passed on and expressed sympathy. 7. PUBLIC HEARING. FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public input * Staff Summation * Mayor Closes Hearing * Council Action Please ~ Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. Chapter 180 FS Public Hearing Re= General Development Utilities Water and Wastewater Facility Acquisition (Finance Director Transmittal dated 9/16/93, Revised Agreement) Mayor Powell opened the public hearing at 7:02 p.m. The Finance Director recommended that City Council direct the Mayor and City Clerk to execute a purchase agreement based on substantive issues being worked out and brought back to City Council in final form. George Metcalf, 425 Pine Street; John Revello, 429 Georgia Boulevard (presented additional documentation); Louise Cartwright, 785 Bay Harbor Terrace; all of Sebastian, objected to the proposed acquisition. Special City Council Meeting September 29, 1993 Page Three The Finance Director and Utilities Director responded to citizen concerns and noted that the deadline for the General Development Utilities, inc. water and sewer rate increase is October 1, 1993. Mayor Powell closed the public hearing at 7:30 p.m. Each city Council member offered his/her opinion on the proposed acquisition, staff members responded to City Council concerns and discussion took place relative to costs for improvements to the facility, bonding practices, duration of the GDU franchise, the need to attract industry, TAPE I - SIDE II (7:45 p.m.) and assurance that connection to water is not mandatory, although sewer connection is required. MOTION by Corum/Oberbeck I make a motion for Council to let the Mayor and city Clerk execute the purchase and sales agreement - to the substance and wait for the finer points at a later date. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - nay Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 4-1 (Damp - nay) None. 9. PRESENTATIONS 93.289 RESOLUTION ~ ~r93.-51 - Florida City Government Week - October 3 - 9, 1993 - Requested by Councilmember Corum (R-93-51) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 3-9, 1993, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 3 Special City Council Meeting September 29, 1993 Page Four The City Attorney read Resolution No. R-93-51 by title only. Mrs. Corum read the body of the resolution for the public, gave a brief explanation of Florida City Government Week and recommended a volunteer city board registration committee, voters registration drive, recognition of volunteers, said she would be available to meet with the public and inquired whether other Council members can make themselves available to hear citizen concerns. MOTION by Oberbeck/Freeland I would move to adopt Resolution No. R-93-51, Florida City Government Week October 3-9, 1993. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 93.249 Jo~ Malek. Chamber of ~ ~ Santa Sail-In and ~inter ~ ¢citv Clerk ~ ~ ~ Kina ~ dated 9/16/93) John Malek, Chamber of Commerce, updated City Council on the proposed Santa Sail-In and Winter Wonderland festivities in Riverview Park between December 3rd and the holidays. Mayor Powell called recess at 8:07 p.m. and reconvened the meeting at 8:24 p.m. Ail members were present. lo. ~¥oa AND C~TY~~AT?EaS A. Mrs. Car_~ Coru~ Mrs. Corum reported that any new applications for land acquisition funds must be in by September 30, 1993 and inquired whether City Council wants her to apply for funding for the St. Sebastian PUD (Julian) tract. It was the consensus of City Council that Mrs. Corum can work with the Acting City Manager and staff to complete and submit the applications; said she had received a phone call from Burgoon Berger regarding tonight's specimen tree request and 4 Special City Council Meeting September 29, 1993 Page Five inquired whether the city has the ability to use six and eight inch oak trees. The Director of ComMunity Development responded that he will look into feasibility of relocating these trees. Mrs. Corum recommended an update on lightning protection to which the Acting city Manager responded that a report will be submitted by the city Engineer. B. ~rs. Norma Da~D Mrs. Damp inquired whether a policy can be established to disconnect city hall computers in the evening, to which the Finance Director responded that certain computers must remain operational at all times, surge protectors will be purchased, and the strike that city hall took could not have been protected against completely; spoke on the letter from Mr. Maggard (dated June 29, 1993) and direction to staff to respond to it; and responded to citizen concerns regarding cable. C. Mr. ~ F~eeland Mr. Freeland reiterated concerns on computer damage and suggested that a basketball court be included in the Barber Street Sports Complex plans. D. Mayor Lonnie R. Powell Mayor Powell stated that Hardee Park looks better since being cut; inquired about grants available for water and sewer, to which the Utilities Director responded that the application should be submitted by next week; and inquired about Ameriquatic not spraying canals recently, to which the Acting City Manager responded that this is due to heavy rains. TAPE II - SIDE I (8:47 p.m.) E. Vice-Mayor Frank Oberbeck Mr. Oberbeck noted that the cost to taxpayers for computer damage will be only $1000; discussed grants available for water and sewer and inquired why Hartman and Associates was paid for work not yet completed, to which the Utilities Director responded that billing was for 180 hearings and not grant application. 5 Special City Council Meeting September 29, 1993 Page Six 93.196 11. The City Attorney said he would not attend the October workshop but that Attorney Torpy would be in attendance; spoke on the recently distributed contract for the proposed Julian property purchase to which Mayor Powell-responded that if it was the City Attorney's intention to place this item on the agenda for approval he would vote against it. The City Attorney reported thaw First Union wants to close by October 29, 1993, reiterated that water quality on the property is excellent, and recommended that if the city wants to pursue the purchase it should make a decision tonight to give staff sufficient time for review. The City Attorney reported that the cable franchise is for thirty years and began in 1981. 12. CITY MAN~GE~ MATTERS 13. 14. The Acting City Manager noted that all correspondence is available for City Council inspection and asked direction for placement of the Julian property contract. Mayor Powell called a special meeting prior to the October workshop at 6:30 p.m. to review the proposed contract distributed tonight and make a decision. COMMITTEE REPORT~RECOMMEND~TION$ None. OLD ~SZNESS RESOLUTION~_Q~~ - Revised Price Airport Lease Agreement (City Clerk Transmittal dated 9/16/93, R-93-50, Revised Lease Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND CHARLES CLAY PRICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING FORAN EFFECTIVE DATE. The Airport Manager addressed concerns expressed by Mrs. Corum on the procedure for rental implementation. 6 Special City Council Meeting September 29, 1993 Page Seven 93.284 93.285 The city Attorney read Resolution No. R-93-50 by title only. Mrs. Corum reiterated her suggestion to keep rent in line with a yearly consumer price index. The City Attorney noted that the starting rent for Mr. Price will be higher than for Other tenants. The Finance Director recommended annual rental increases based on annual CPI, although it is standard practice of the city to use five year CPI for airport leases. The Airport Director said all land leases at the airport are based on five years. MOTION by Freeland/Oberbeck I make a motion that we adopt Resolution No. R-93-50. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 Receive ~ ~nforcement Order m ~atton (93-8038) (Amended Order) Mrs. Corum stated that she had removed this from the last agenda and that her question had been answered. No further action. ~ Berqer ~ ~ Tree Remova~ ~ ~ One Pine ~ Lots 24! 25. Block 333. ~H Unit 13 CDirg~tQr of Community Development Transmittal dated ~ Application. Survey) Mrs. Corum requested said that staff's attempt to move the oaks was previously discussed. MOTION by Oberbeck/Freeland I would move that we approve the request of Burgoon Berger to remove the specimen tree located on lots 24 and 25, Block 333, Sebastian Highlands Unit 13. VOICE VOTE on the motion carried 5-0. 7 Special City Council Meeting September 29, 1993 Page Eight 15. ~W~SINESS 93.263 A. 16. 93.290 Purchase of ~he General Development ~ - $~bg~tlanH_~~Water a~ Wastewater ~ - ~ont~a¢~ with Consultants t__o ~_9~~~~andPurcha~..e .(Finance Director Tra3~smittal dated 9/16/93) The Finance Director reiterated her recommendation on various consultants to accomplish the bond financing and purchase. She noted that she received a proposal today from a fourth bond underwriter, had conducted a cursory review and would continue to recommend as previously submitted. The Finance Director stated that this is specifically water and sewer revenue bonds. MOTION by Oberbeck/corum I would move to authorize the Mayor and City Clerk to execute contracts Raymond James & Associates, Inc. as bond underwriters; Nabors, Giblin & Nickerson, Attorneys, as bond counsel; Rachlin & Cohen, as rate analysts; Hartman and Associates, inc. as engineers; and Hoyman, Dobson & Co. as certified public accountants, to accomplish the bond financing and purchase of the GDU Sebastian Highlands Utility System. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 ~NTRODUCTiON OF NEW BUSINESS ~Y THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) joan~ 917 ~Avenue. ~ebasti~D - S~nior Recr~atioD~r_Q/r_~ ~L~tter ~ated 9/7/93) Joan Gerardi, 917 Franciscan Avenue, Sebastian, requested that City Council form a recreation committee, locate a building for use by seniors for recreation programs, and pursue the YMCA request for a site for a public pool. 8 Special City Council Meeting September 29, 1993 Page Nine TAPE II - SIDE II (9:40 p.m.) Discussion continued on need for recreation programs. Mrs. Gerardi was advised to meet with Indian River County Recreation Committee member George Schum. Mr. Oberbeck requested that staff obtain a financial statement from Indian River County Recreation Director, Pat Callahan. 93.291 ~ Hardison ~ Fraternal ~ of Police Reouest ~ Use Riverview Park North x ~ ~ 10/~7/9~ ~ ~ ,,[Dtrect0~ of ~ DeveloPment Transmittal da%ed 9/7/93. Hardison Letter~~j_~_~ MOTION by Oberbeck/Corum I would move to approve the request of the FOP Lodge 139 to utilize Riverview Park north, October 17-24, 1993 subject to standard conditions as outlined by this Council. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 93.292 ~ Tirro..Indian River Recvclers ~ Request to Use Riverview Park l Sw__WARMeets 9/26/9~, 10/3~/93, 11/28/99 and ~93 with Alternate Dates ~ of Community Development Transmittal dated 9/10/95, ~ Letter dated 8126/93) The Director of Community Development said he had advised the applicant against this type of use, but that she had stated her intent to pursue approval. MOTION by Oberbeck/Freeland I'm going to move to deny the request of Indian River Recyclers to utilize Riverview Park. The Director of Community Development explained conditions established by City Council to ban the sale of pre-manufactured goods in Riverview Park. 9 Special City Council Meeting September 29, 1993 Page Ten 17. The City Attorney advised that City Council obtain input from the public and staff and further workshop park policy. ROLL CALL: Mrs. Corum - aye Mrs. Damp - nay Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 4-1 (Damp - nay) Being no further business, Mayor Powell adjourned the Special Meeting at 10:00 p.m. Approved at the Meeting. , 1993, city Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC\AAE City Clerk 10 City of Sebastian POST OFFICE BOX 780127 [] 'SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCH. SPECIAL MEETING WI*~DNESDAY, OCTOBER 6, 1993 - 6:30 P.M. CITY COUNCIL CHA_MBF. I~ 1225 MAiN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CiTY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PURPOSE: REVI~I~ ~ T/~KE ACTION ON PROPOSED JULIAN PROPERTY CONTRACT Mayor Powell called the Special Meeting to order at 6:30 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum (6:45 p.m.) Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran Assistant City Attorney, Richard Torpy Director of Community Development, Bruce Cooper Finance Director, Marilyn Swichkow Deputy City Clerk, Sally Maio Special city Council Meeting October 6, 1993 Page Two 93.261 4. RE~I~ANDTAKEACTIONON PROPOSED JULIAN PROPERTY CONTRACT /~[9_¢3A9~ of ~ommunitv Development Transmittal dated 9/28/93. FAX Cover Sheet. ~ A_~9_9~D~w;Revisions) The Director of Community Development reported that a contract has been submitted to First Union Bank with an offer of $1,250,000, however, the bank remained firm on $1,280,000; requested that City Council determine whether it wants to buy %he property and what the price should be; and reiterated justification for the property purchase by listing proposed uses. Fred Mensing, 758 129th Street, Roseland, owner of abutting property, disputed the accuracy of the boundary survey done in 1990, said he had a survey done between 1985 and 1989 for which markers still exist, noted an engineering error from 1914 in the area of A.A. Berry Subdivision specifically Sections 21 and 30 (originally platted in 1989), said the original 1889 survey created two sixty foot roads on paper and the plats received by Indian River County when it was created did not include those roads, said city abandonment of right-of-way north of the City Hall complex done five or six years ago may create problems, said that FPL right-of-way will impact 45 acres of the property, indicated that another 80 acres will be impacted by environmental issues, said that the city is taking property off the tax rolls and noted that the city is not buying property but is buying a note. The Director of COmmunity Development responded to Mr. Mensing's concerns, concurring that the city is actually buying a note, and said that the contract will have to be subject to title search. The Assistant City Attorney reiterated that the city is buying a mortgage and advised that there are two ways that the city can acquire the property by 1) having it voluntarily signed over to the city or 2) going through foreclosure. He went on to offer advice on foreclosure procedures the city would have to follow, recommended that another survey, updated appraisal and phase I environmental study be done. Special city Council Meeting October 6, 1993 Page Three The Director of Community Development said Mr. Julian was amenable to signing the property over but had not commit to it. Discussion followed on possible liens, proposed uses for the property, possible sources of funding, and environmental issues. The Finance Director advised that it must be clearly established that the intent of City Council is to own the land and not to hold a mortgage note. City Council discussion continued. Mrs. Corum apologized for being late and staff brought her up to date on issues discussed prior to her arrival. The Director of Community Development reiterated that Fish and Wildlife gives no guarantee that it will sign off on requiring the city to acquire additional area for habitat even if it obtains this property. The Assistant City Attorney advised that if the city purchases the note it will not get the $130,000 owed it by Mr. Julian in accordance with Main Street realignment conditions and if the bank forecloses on Mr. Julian the city's lien will be wiped out. He stated that if the bank takes the land back and it is sold for monies above the value of the bank's mortgage, the city's lien could be recovered, however, this possibility is slim. He also advised, in accordance with a suggestion of Mr. Mensing, that the city could attempt to purchase the property at the foreclosure sale if the bank does foreclosure, although existing liens may have to be satisfied. Motion was made by Mrs. Corum that Council not sign the agreement and to direct staff to pursue obtaining the land and not the note, however, it died for lack of a second. Motion was made by Mr. Freeland to postpone any action on this at this time, however, it died for lack of a second. Special City Council Meeting October 6, 1993 Page MOTION by Damp/Powell I make a motion that we do not buy the Julian property. Mr. Oberbeck requested that the contract "not be bought under the present terms" to leave the door open for this or future Councils. Mrs. Damp and Mr. Powell concurred with the addition. The Assistant City Attorney advised that "property" be changed to "note". ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Being no further business, Mayor Powell adjourned the Special Meeting at 7:22 p.m. Approved at the Meeting. · 1993· City Council Lonnle R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIl. WORKSHOP MEETING WEDNESDAY, OCTOBER 6, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTEI} IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. me Mayor Powe11 called the workshop to order at 7:30 p.m. The Pledge of Allegiance and Roll Call were previously addressed during the special meeting. following members were present. The Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran Assistant City Attorney, Richard Torpy Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Finance Director, Marilyn Swichkow Personnel Director, Wendy Widmann Utilities Director, Richard Votapka Golf Course Manager, Joseph O'Rourke Deputy City Clerk, Sally Maio City Council Workshop October 6, 1993 Page Two 93.293 93.294 m ~ MODIFICATIONS iADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19).. None. 5. PROCLAMATIONS/ANNOUNCEMENTS Proclamation ~American s~ of Retired Persons -/~~_~[gr_~Accepting) Mayor Powell read and presented the proclamation to Kay Rogers. 6. CONSENT~GENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Burgoon Berger - Request Removal of Specimen Tree - Three Pines - Lot 24, Block 3, Unit 1, SH (Director of Community Development Transmittal dated 9/30/93) MOTION by Oberbeck/Freeland I would move that we approve the consent agenda in its entirety. VOICE VOTE on the motion carried 5-0. 7. MAYOR AND CITY ~MATTERS A. ~rs. Norma Damp Mrs. Damp inquired about a $350 charge from the city Attorney for the Julian property contract; inquired about use of volunteers at the Golf Course and workers compensation coverage to which the Finance Director responded; and inquired what it would cost to do an audit of the golf course to which the Finance Director responded approximately $15,000. Discussion followed on alleviating members' concerns relative to reasons for golf course financial problems. 2 City Council Workshop October 6, 1993 Page Three Mr. Freeland said he had also talked to golf course members. C. Ma.~ ~ R. POWe~l Mayor Powell continued the discussion on the golf course financial problems; discussed a letter to the editor of the Press Journal regarding alleged lack of discussion of taxes at the September 7 and 22, 1993 budget hearings; discussed Fish and Wildlife plans for habitat in the city to which the Director of Community Development responded that the city must act on developing a habitat conservation plan so that Fish and Wildlife will continue to issue letters of non-objection on building permits; stated that he wants representatives of Fish and Wildlife at the city's meetings relative to habitat; and directed the Acting City Manager to check into a street light for the Calvary Baptist Church. D. Vice-Mayor Frank Oberbeck Vice Mayor Oberbeck questioned the actions and statements of former candidates and elected officials and suggested that all citizens work together as a group. E. Hrs..Carolyn Corum Mrs. Corum reported that a 117 acre property bordering the Sebastian River in San Sebastian Springs east and west as proposed by Carl Fischer to the Indian River County Land Acquisition Committee was included in the Coraci purchase; discussed use of scrub mint as a pesticide; suggested that stricter standards be looked into for fuel tank farms; and discussed the "Keep America Beautiful" organization meeting in November. 8. CITY ATTORNEY~TTER$ None. 9. CITY~I~AGER~TTERS The Acting City Manager requested direction to obtain bulk water from Indian River County for the proposed Walmart. It was the consensus of City Council to authorize her to do so. City Council Workshop October 6, 1993 Page Four 93.295 The Acting City Manager reported on a request from the Community Coach program for a grant in the amount of $5,000 and noted'that in light of the already adopted budget she will have to respond in the negative. Golf Course Operations ReDort~ ~ourse ManaGer Memo dated ~ The Golf Course Manager reiterated objectives and goals as submitted in his report to City Council as dated September 28, 1993. TAPE I - SIDE II (8:18 p.m.) A brief discussion followed, but no City Council action was required. Mayor Powell called recess at 8:23 p.m. and reconvened the meeting at 8:36 p.m. Ail members were present. 93.296 City Manager JQb ~ and Recruitment Costs ..~Pe.rsonne~ ~Transmittal dated ~ Draft J~b D~scriDtion. Proposed ~d, Recruitment ~ and gosts) Peter Jones, 10761 U.S. 1, Sebastian, submitted and read a letter to City Council for the record (see attached). He reported that a representative from "Keep America Beautiful" will be in the area on November 17th. The Personnel Director requested input from City Council members on City Manager recruitment procedures. Each City Councilmember offered his/her opinion on criteria for a screening committee, salary range, publications, and travel expenses. It was the consensus of City Council to concur with a salary range of $50-60,000, use free publications at this time, establish a minimum of a bachelor's degree with sufficient experience, to form a committee made up of a member of the Chamber of Commerce, Sebastian Property Owner's Association, city Clerk/Acting City Manager, County Administrator, Fran Adams - County Commissioner, with alternate Tom Nason, Vero Beach city Manager. City Council Workshop October 6, 1993 Page Five City Council concurred with the job description with the addition of the statement "develops a team attitude among all city employees and elected officials" under Illustrative Duties. 93.297 Police Pension Board Members (City Clerk Transmittal dated 10ll/93, POO~9 ~emo dated 9/28~93} MOTION by Oberbeck/Freeland I would recommend that we reappoint Marge Poole and Attorney Gregory Gore to the Police Pension Board for two year terms to expire October 1995. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 93.298 Amend Holiday ~eetinq Schedule (City c~erk Transmittal dated 9/22/93, CalendarsI Mr. Oberbeck recommended that the second regular meeting in November be moved to the 17th. A voice vote was taken and all members concurred. TAPE II - SIDE I (9:20 p.m.) Mr. Oberbeck recommended that the second regular meeting in December be moved to the 15th. A voice vote was taken and all members concurred. The Special Meeting on the Habitat Conservation Plan was scheduled for October 26, 1993. 93.299 Bell Fiber Optics ~ (City ~ Transmittal dated 9/29/93, ~ southern Bell representative, Jim Kiernan, addressed City Council on the proposed program to install fiber optic cable in the area and assured them that he would keep the city informed on the program schedule. City Council Workshop October 6, 1993 Page Six 93.300 F. ~%A/tD_~andZonin~ Recommendation ~ Allow Drive- Throuah~~L~forBusiness and Professional Offices a ~ ~ to Draft ~ ~ of Community D~eloDment Transmittal dated 9~29193. ~ ! ~ MemQ ~ 9128/93. Proposed Lan~uaae~ Following a brief discussion, it was the consensus of City Council to direct the City Attorney to draft an ordinance amending the Land Development Code to provide drive-through facilities for business and professional offices within the Commercial Limited zoning district. 93.301 Reco~nitionofp~l_a_~~ndzoninu~ ~ Devel~pmen~ Trar~smittal dated 9/29/93. Memo hated 8/3/93) J.W. "Tommy" Thompson, 125 Main Street, Sebastian, recommended that board members be honored with plaques rather than certificates. City Council discussion followed. Different ideas were presented and a motion was made which died for lack of second. MOTION by Freeland/Powell I would make a motion that we award a plaque to all board members at time of their leaving the board with no time limit. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay MOTION CARRIED 4-1 (Corum - nay) 11. Being no further business, Mayor Powell adjourned the workshop at 9:48 p.m. Approved at the , 1993, City Council Meeting. Kathryn M. O'Halloran, CMC/AAE City Clerk 6 Lonnie R. Powell, Mayor I City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: Crime Scene Technician ) Agenda No. 93.283 Approved for Submittal By: City Manager ~~ ) ) ) Dept. of Origin: Police Dept. ) ) ) Date Submitted: 10/04/93 ) ) For Agenda of: 10/13/93 ) ) Exhibits: ) - Resolution R-93-49 ) - Job Description (DJP) / EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a APPROPRIATION REQUIRED: n/a SUMMARY STATEMENT During the fiscal 1993-1993 Police Department proposed budget, a new job description for the position of "Crime Scene Technician/Evidence Technician" for the Sebastian Police Department was submitted. The Crime Scene Technician/Evidence Technician will be a sworn position located in the Police Department. This individual will receive all evidence and act as property custodian in addition to assisting other members of the Department and Detective Division with varied sundry duties. RECOMMENDED ACTION Move to adopt Resolution R-93-49 adopting a job description for the position of Crime Scene Technician/Evidence Technician. RESOLUTION NO. R-93-49 A RESOLUTION OF THE CITY OF SEBASTI~, INDI~ RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF CRIHE SCENE TECHNICI~q/EVIDENCE TECHNICIAN; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAI~ STAI~DARD OPEI~TING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PI~tTS OF RESOLUTIONS IN CONFLICT HEREWITH; ~ PROVIDING FOR ~tN EFFECTIVE DATE° BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. The job description for the classification of Crime Scene Technician/Evidence Technician, attached hereto as Exhibit "A" is hereby adopted. SECTION 2. The City Clerk is hereby directed to supply a copy of this job description to the Mayor and members of the City Council and all department heads for inclusion in the Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said job description. SECTION 3. Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. 1993. This Resolution shall take effect on October 13, The foregoing Resolution 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 Lonnie R. Powell Vice Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland The Mayor thereupon declared this adopted this day of By: ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash City Attorney Resolution duly passed and' , 19 . CITY OF SEBASTIAN, FLORIDA Lonnie R. Powell, Mayor CRIME SCENE TECHNICIAN/EVIDENCE TECHNICIAN Major Function This is technlcal police work compiling evidence to resolve a crime and is considered a duty assignment for a police officer. This position works independently under the general direction of the Senior Investigator. Illustrative Duties 1. Receives property and evidence from officers and maintains it in a secure area. 2. Maintains files, logs, reports and other documentation as required or directed. 3. Disseminates reports and information. 4. Enters data and retrieves same. 5. Processes crime scene information and evidence. 6. Transports evidence to and from the crime lab, court, etc. ?. Gives court testimony and depositions. 8. Processes crime scheme evidence. 9. Talks with various people to resolve problems and obtain information to solve crimes. 10. Performs all functions associated with a Sworn Pollce Officer as necessary. 11. Performs other duties as required. ~INIMUM QUALIFICATIONS Skills and Abilities -Knowledge of approved principles and practices of police work. -Knowledge of crlminal law, laws of arrest, laws relative to search and seizure, and court procedures. -Knowledge of laws and ordinances governing local police work.-Abillty to work independently and draw conclusions.-Ability to communicate, both orally and in writing.-Ability to use dark room equipment to process film.-Skill in investigation and crime scene techniques.-Skill in the use of firearms. Education and Expe~ience Graduation from high school or equivalent certification, supplemented by course work in modern police work and investigative and crime scene techniques. Must have at least one year of law enforcement experience and be off probation with the City. Licenses and Certifications Must be a certified law enforcement officer. Must have a valid State of Florlda driver's license. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [3 FAX (407) 589*5570 I AGENDA FORM Resolution No. R-93-52 Agreement Between City of Sebastian and Deaf Services Center of the Treasure Coast APP..OViD ~OR SUBMITTAL BY: ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) ~grsonnel~ 10/7/93 10/13/93 Exhibits: R-93-52 Interpreter Services Contract EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT Attached is a contract to provide Interpreter Services. to the City of Sebastian on an as needed basis by the Deaf Service Center of the Treasure Coast, Inc. This provider is the only one in the area and refers qualified sign language interpreters upon a 48- hour request. Under the Americans with Disabilities Act (ADA), the City is required to assist persons with disabilities, upon request, so that they may fully participate in our public meetings. This contract will provide the City with a resource to use to accomodate persons who request a sign language interpreter. The contract has already been signed. However, upon reflection it is now coming before the City Council for approval in the event that the contract exceeds $2,000 in the upcoming fiscal year as required under Sec. 2-90 of the City's purchasing requirements. RECOMMEMD~ ACTION Adopt Resolution No. R-93-52, approving the contract between the City of Sebastian and the Deaf Services Center of the Treasure Coast, Inc. RESOLUTION NO. R-93- 2 i A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID&, AUTHORIZING THE CITY iO, I~GER ~ CITY CLERK TO SIGN, ON BEH~F. OF THE CITY; AN AGREF. HENT BETWEEN THE CITY OF SEBASTIAN ~ THE DF.~.F SERVICE CENTER OF THE TRF~SURE COAST, INC. ("DSC") TO PROVIDE INTERPRETER SERVICES ON AN AS NEEDED B~IS; PROVIDING FOR REP~ OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVEI:~BILITY; ~ PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with the Americans with Disabilities Act, the City of Sebastian is required to provide interpreter services for its deaf citizens as requested; and WHEREAS, the Deaf Service Center of the Treasure Coast, Inc. is a sole source sign language interpreter provider. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF SEB&STIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section ~. AGREEMENT. The City Manager and City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the Interpreter Services Contract, a copy of the Interpreter Services Contract having been attached to this Resolution as Exhibit "A" and by this reference incorporated herein. .Section ~. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SectioD ~. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section ~. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for Councilmember . seconded by Councilmember being put into a vote, the vote was as follows: adoption by The motion was and, upon Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1993. CITY OF SEBASTIAN ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Sm~) Approved as to Form and Content: Charles Ian Nash, City Attorney Interpreter Services Contract With the City of Sebastian This Agreement is made and entered into on this ~ day of ~.~~ , 1993 between the Deaf Service Center of the Treasure Coast, Inc., hereinafter referred to as the "DSC" and the City of Sebastian, hereinafer referred to as the "city". This Agreement will be effective on the date both parties sign the Agreement and will continue for one year from the effective date. Renewal of the Agreement for subsequent one year periods shall be automatic, unless either party requests a change in the.existing Agreement, at least ninety (90) days prior to expiration, in which case re-negotiation would occur. The City or DSC may terminate this Agreement upon thirty (30) days written notice to the other party. Based upon the committments expressed herein, the parties stipulate and agree as follows: 1. The DSC shall provide, on an "as available" basis, Qualified Sign Language Interpreters for the Deaf upon the city's request. Requests for interpreter services Monday through Friday or on weekends may be made by calling 48 hours in advance at (407) 335- 5546 (Voice) or (407) 335-9966 (TDD). 2. In situations with less than 48 hours notices the DSC makes no committment to obtain the services of an Interpreter, but will make a good faith effort to obtain said services for the City. 3. The City agrees to reimburse DSC for all interpreter services as outlined below: A. $25.00 per hour for a Qualified Sign Language Interpreter, excluding travel time; Hourly rates will be calculated by rounding up to the nearest quarter hour; B. There will be a 2 hour minimum charge unless the Interpreter services are cancelled prior to the Interpreter !e~.ving from his/her point of origin to provide said services; C. From the interpreter's point of origin to the point of service and return, there will be a charge for travel mileage at the rate permitted by Chapter 112, Florida Statutes. / /~¢ ~i~y Manager - city of Sebastian . Bo~d"~hai~man, DS~0f the T~eaSure Coast APPROVED AS TQ/ FORM AND CONTENT: . .>~ Charles I~/~ash, City Attorney City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407*589-5570 SUBJECT, Resolution R-93-53 ) Agenda NO. ~.~0~ Trihalomethane (THM) Control ) for All Potable Drinking Water )Dept. of Origin Utilities Systems Serving the General Public in Florida Approval for Submittal By, ) ) Date Submittedz October 5, 1993 ) ) For Agenda Of: October 13, 1993 ) ) Exhibits: Proposed Resolution R-93-53 EXPENDITURE AMOUNT REQUIRED~ n/a BUDGETED: n/a APPROPRIATION REQUIRED: n/a SUMMARY STATEMENT On September 1, 1993, the Council directed the Utilities Director to draft a Resolution to be conveyed to the Florida State Legislature in support of a new general law requiring trihalomethane (THM) control for all potable drinking water systems serving the general public, wherein the THM's exceed the established EPA maximum contaminant level. RECOMMENDED ACTION Move to adopt the Resolution R-93-53 and forward it to State Representative Charles Sembler, II. RESOLUTION NO. ~-93-53 A RESOLUTION OF THE CITY OF SEBASTIAN. INDIAN RIVER COUNTY, FLORIDA, WHICH PROMOTES AND ENCOURAGES THE FLORIDA STATE LEGISLATURE IN PASSING A NEW LAN REQUIRING TRIHALOMETHANE (THM) CONTROL FOR ALL POTABLE DRINKING WATER SYSTEMS SERVING THE GENERAL PUBLIC WHEREIN THE TMM'S EXCEED THE ESTABLISHED ENVIRONMENTAL PROTECTION AGENCY MAXIMUM CONTAHINANT LEVEL (MCL)~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. the City of Sebastian has a private utility company within its boundaries which currently serves 1.242 customers with potable water~ and WHEREAS, the Indian River County Environmental Health Department has, during the course of two consecutive years, twice determined that the finished water in the private utilities distribution system was found to contain trihalomethane (THM's) in the amount exceeding the current standard as established by the U.S. Environmental Protection Agency~ and WHEREAS. the current U.S. Environmental Protection Agency Disinfection-By~Product rule does not require water systems serving fewer than 10,000 people to implement THM control~ and WHEREAS, customers served by the water system and members of the general public perceive the water to be undrinkable because cancer causing agents have been found in the water as reported by the Environmental Health Department in the local news media. NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Sebastian. Indian River County. Florida, that= ~,,ection I. The City of Sebastian expressly promotes and encourages the Florida State Legislature to pass new legislation requiring all potable water systems serving the general public. where THM's exceed the Environmental Protection Agency's maximum contaminant level, to implement THH control. Furthermore, that the Florida State legislature empower the Florida Department of Environmental Protection to develop acceptable guidelines for economical implementation of THH control systems, as well as permitting, testing, and reporting requirements, and that the Department of Environmental Protection be given inspection and enforcement powers under its regulatory authority. It is the City of Sebastian's conscientious desire to have the State Legislature enact a new law on THM control during the next regularly scheduled session of the State Legislature. Section 2. ~eal. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 3. Effective Date This resolution shall become immediately effective upon its adoption. The foregoing Resolution 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 Lonnie R. Powell Vice Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and a~op%ed this day of , 1993. CITY OF SEBASTIAN, FLORIDA (S E A L) ATTEST: By: Lonnie R. Powell, Mayor Kathryn H. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash City Attorney 2 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 I AGENDA FORM 8UBJECT~ Bid Waiver - NCR Hardware & Software - City Clerks Office ROVED FOR SUBMITTAL BY: City Manager: Agenda Dept. Origin g~ clerk Date Submitted 10/6/93 For Agenda Of Exhibits: EXPENDITURE REQUIRED: $9,163.00 AMOUNT APPROPRIATION BUDGETED: $9,175.00 REQUIRED: SUMMARy STATEME~ The City Council, at its August 8, 1993 budget workshop, concurred with my request for purchase of new upgraded NCR computer system hardware. The 1994 fiscal year budget was adopted on September 22, 1993. This office has used NCR equipment since 1988, upgraded equipment and entered into a maintenance agreement with NCR in 1989, and purchased Novell network software from NCR in 1991. The maintenance agreement covered all equipment, installation of software (even when not purchased from NCR, i.e., Florida Statutes database andMunimetrix Clerks Index), software upgrades when they became available at no cost to the city and constant and ever present support from NCR technician, Bob Mouring and his associates. Although you can never protect against a direct lightning strike, this office was able to maintain use of its computer system without a glitch during recent storm damage to other areas of the city, most likely based on the addition of UPS backup systems and data line surge protectors for each workstation as recommended by Mr. Mouring. Since bringing this item to the City Council during budget review, due to a decrease in computer prices, Mr. Mouring has been able to add a new network server computer and a Novell network upgrade to the package for a total amount of $9,163 which is $9.00 less than originally proposed. In addition to this savings, once the new system is connected, we will be able to drop the current maintenance amount of $4,158.40 (currently budgeted) and obtain a maintenance agreement on the existing Hewlett-Packard III laser printer and a network software support maintenance at a cost of $1,800.00 per year. The city will receive a refund on the original contract in January. I am requesting a waiver of the bidding procedure, based on sole source for this package which includes five complete workstations, one network server, Novell network upgrade, installation, testing, and turn key operation. Move to approve the waiver of bidding procedure to purchase the NCR computer system package for the City Clerk's office, in the amount of $9,163.00. 2 I APPROVED FOR SUBMITTAL BY: ) For Agenda of 10-13-93 ~.'~/ ~. ~G. ) EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $ 9,953.86 BUDGETED: $10,000 REQUIRED: *These items included in Capital FY 94 budget. S, UMMARY STATEMENT The City Council, at its August 8, 1993 budget workshop, concurred with a request for the purchase of two new desktop portable personal computers for the Finance and Engineering Departments. The 1994 fiscal year budget was adopted on September 22, 1993. The Texas Instrument TravelMate 4000E Color Notebook is IBM capable for on-line linkage to the Finance RS6000 main frame. This model includes: processor 486DX2 - 50MHz math coprocessor, 4MB memory of RAM to which 4MB memory of RAM will need to be added, a 200MB mass storage of hard drive, color monitor, mouse, extended.keyboard, expansion bus, MS-DOS 5, Windows 3.1, 9600 baud modem. It can interface with serial and parallel ports. Send and receive fax transmissions. Because of current shortages on VGA color monitors, most suppliers we have contacted do not have items in stock which can fill our immediate needs. We have been able to locate 3 personal computers in stock from compUSA, Government Division, at the lowest possible price. Other quotes have been comparable, but with substantially long delivery dates. Following normal bid procedures on these items would further delay acquisition of these much needed items. Therefore, we respectively request a bid waiver on the purchase of the two computers. COMMENDED ACTION Move to waive bid procedures for laptop computers in the amount of $9,953.86. I City of Sebastian POST OFFICE BOX 780127 s SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE WALDO AND MARTHA ALLEN ty./M proved For Submittal By: anager ~.~ ~,~/ Agenda Number: Dept. Origin: Community Developmen' _,/3 (B Date Submitted: 10/07/93 For Agenda Of: 10/13/93 Exhibits: Tree Removal Application dated 10/07/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Pursuant to the City Council's direction at its regular meeting of May 22, 1991, the City of Sebastian Building Department requires a tree removal permit to be obtained prior to removal of trees. The applicant, Waldo and Martha Allen are requesting removal of one specimen tree on a property at 334 Brookedge Terrace (Lot 10,- Block 302, Sebastian Highlands Unit 10). The tree (one oak) is located next 'to house and owner claims it is moving closer'to the house. RECOMMENDED ACTION Move to approve the removal of one specimen oak tree located on Lot 10, Block 302, Sebastian Highlands Unit 10. CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND REMOVAL AND/OR RELOCATION OF TREES %0'Z. UUNI NO.. LOT NO.: %~..J BLOCK NO.: · SUBDIVISION: . ADDRESS: PHONE I SUB-CONTRACTOR ADDRESS: ZIP: ZIP: PHONE, / 0~ 6~4~ {%$ I ADDRESS, ~,Z/ /2~q~ ~'7--..aw'~ ZIP:__'~_~~_ PHONE NO., ~'? ~,~'~ -~7 ? ~3'-'~7~ I certify that all the foregoing information is accurate and that all work will be done in compliance with the Land Development Code ( Article XIV ) APPLICATION MUST INCLUDE: 1. On a survey, locate all specimen trees (20 inch diameter or more), indicate which trees to be removed and/or relocated. Indicate the species of 'each tree. All specimen trees (20 inch diameter or more) to be removed or relocated must obtain the approval of the Sebastian City Council. A survey indicating all improvements must be submitted in relation to the removal of the specimen trees. Applicant must 'tag all specimen trees w]tl~ a bright ribbon around the tree approximately 6 feet above the grade. - ! Office Use Only si'rD INSPECTION BY.' 6L, ~-~'2~ Da'r~k_. /0, ? _~_~'2~ · IF YES, DATE OF CITY COUNCIL APPROVAL: $cr¢~-/1 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 Marsiglia Wedding Reception- Use of Community Center Approved For Submittal By: City Manager Dept. OriGin City Clerk pate Submitted ~ For Aqenda Of 10[13/93 Exhibits: Application dated 9/22/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY~j~M~ The City of Sebastian has received a request from Judy Marsiglia for use of the Community Center on November 27, 1993 to hold a Wedding Reception between the hours of 12:00 P.M. and 5:00 P.M. They are requesting use of alcohol at this event. RECOMMENDED ACTION Review the above request and act accordingly. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION C0~W C~ ~/× ~C~ C~ Nme of R~ter / Org~ization ~,'~ ~9.~;~'~, ~.. ~er of Pe~o~ ~nstituting ~ep or or~zation: [~,~ Rec~ested Date Time of D~: Please D ~e ~t~ fa~ti~ r~ir~T 2) ~e ~ee's p~C of age (bi. If alcohol is to b~ {erv~. I~mission is ' City Co..cil. Y~ ~t ~ ~ ~r~ted tO~~ ~e / / ~hke c~ec~ ~fable to: (Fit ~ ~ Sec'~ity L-posit paid Da 9-/?-~'~(date) in the ~z~nt of ~d,%--~D./a,-] ....... .. c,,.., , o16-,_.-~ ~or cash Rental Fee paid on alcoholic Beverage Request heard at (date). (date) in the mount of or Cash initial the C~uncil M~tinqon RtNu~st ~PROVED / DEIFIED. Fee Waiver Request heard at the Council ,%-,etine on (date). Request APPROV]fl] / DDiIED. Key Pict~p Date Key Return Date Security Deposit returned by City ~eck { :~:~r,~,:~,,, ,z;~: for ~ (t£ ~ltemb&el. in the (date) City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 Gloria A. MacGraw - Use of ) Community Center - 50th Anniversary) ) ) ) Approved For Submittal By: ) ) , ) ) City Manager ~kg/3t. Oriqin City Clerk Date Submitted 9/29/93 Fo__r Aqenda Of 10113/93 Exhibits: Application dated 9/29/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: ~ $.TATEMENT The city of Sebastian has received a request from Gloria MacGraw for use of the Community Center on November 6, 1993 to hold a 50th Anniversary Party. They are requesting use of alcohol at this event. ~_ECOMMENDE~ ACTION Review the above request and act accordingly. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION Nunber of Persons constituting group or organization: ~__~_~_ Please answ. r ~ or ]0: ~ees p~ o~ age ~- ~-~ (bl. ii ~hol is to ~ se~, ~mssion ~ r~ ~ ae Security Deposit paid on ~_.,~date) in the amount of ~ ca~ . or ~sil Rental Fee pa~d on initial (date} in the asmut of or ~ash initial Alcoholic ~,ve_raqe Request heard at /~-/3 -'Z~ (date). Fee ~aiver Request heard at the Council ,%Jeetinq on ~ (date). Request tPPROVEi) / DENIEI]. Key ?ic~up Date let Return Date Se~rit¥ Oe~osi~ returned by City ~ec~ ~ the Council ~eetinqon Request APPROVED in the '(date) I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 Christ the King Luthern Church - Use of Community Center Approved For Submittal By: City Manager_~.~// D~Jj~~~ Mo. Dept..Origin City Clerk Date Submitted 9;27/93 For AGenda Of Exhibits: Application dated 9/21/93 Letter Dated 9/27/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED:, APPROPRIATION REQUIRED: SUMMARY The City of Sebastian has received a request from Christ the King Lutheran Church for use of the Community Center on October 23, 1993 to hold a Fall Festival from which the proceeds will go to purchasing furniture for their new church. An application and a $250.00 security deposit has been submitted by Rev. Hauenstein. Resolution R-89-20 indicates that all non profit organizations are entitled to pay half of the regular amount of rental fees as filled out on the application. However we have received a letter from Winifred Sherratt on behalf of Christ the King Lutheran Church requesting a waiver of the rental fees for this function. They have held Fall Festivals in 1989 and 1990 in Riverview Park and in 1991 paid full fee for rental of the Community Center which was in error. RECOMMENDED ACTION Review the above request and act accordingly. CiTY OF SEBASTIAN RENTAL -PERMIT APPLICATION ~mber of Pe~o~ ~nstituting ~oup or or~zation: Requested Date 0 ¢ r ~a ~, / 9 ¢ s Time of Day: Flus ~ ~,,. To 3 ~ 2) ~e ~u a r~id~t of S~ti~? y~ 5) Wi~ ~c ~g~ ~ se~l ~o, ~tt~*s pr~f of age mm mm m (~. ~f ~l is ~ ~ se~. ~sio. is tr~m~o~ ~e ~c~. Y~ ~t ~ ~ p~t~ on Securi~ Deposit paid on %~.?/- ¢,.~ (date) in the amount of htitial ........ Reatal Fe~ paid oa (~atel ia ~s mo~ at ~ ca,~,, , or C~lsh Mco~lic 8~er/atle Request heard at the ~cil ~t~a on ?~ ~aiver lequ~t heard at the ~ncil R~tinq~ ' ' (~te). Requ~t ~PROVED / Oilfli'O. lay ?ickup Date Key Re~ Date Se~r!t¥ De,sit returned by City Chec~ ~ in the '~'~'!~ ~f on '(date} Sept. 27, 1993 Sebastian City Coumcil City of Sebastian Sebastian, Florida Re: Waiver Fee Dear Sirs: Christ the King Lutheran Church of Sebastian is sponsoring a Fall Festival on Saturday 0cto0er 23, 19~. Recei~.ts from the sal& will be used for_the' purchasing of church furnishings. The church is being built on route 512 (Fellsm~.re Rd) completion expected early 1994. If at all possible we would appreclste your consideration of waiving the rental fee at this time. Thank you for your cooperation. Sincerely Publicity P.O.B 78-2098 SeOastian,F1. 32978 I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 I AGENDA FORM Resolution No. R-93-54 National Flood Insurance Reform Act of 1993 A~PROVED FOR SUBMITTAL BY: cl=y Manager: ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of Citv~ ,10/13/93 Exhibits: R-93-54 w/ Backup Provided by Dr. Fallon EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: ~ STA'It3,IF.,NT Dr. Peter Fallon was in my office this date with Councilmember Bob Freeland and requested that a Resolution be presented to City Council that has been adopted by Veto Beach and Indian River County relating to the "National Flood Instance Reform Act of 1993". Dr. Fallon will be in the audience to answer any questions the City Council may have pertaining to the Resolution and backup material. RECOMMENDED ACTION Review and adopt/deny Resolution No. R-93-54. RESOLUTION NO. R-93-54 A RESOLUTION OF THE CITY OF BEBA~TZAN~ INDIAN RIVER COUNTY~ FLORZD&~ OPPOSING BENATE BILL 1405 RE~ZNG THE N~TZONJtL FLOOD INSURANCE REFORM ACT OF 1993 AS ZT IB CURRENTLY WORDED; AND RECOMMENDING CERTAIN CHANGES WHZCHWOULDMAKE THE PROPOSED LAW ACCEPTABLE; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS ZN COITFLICT HEREWITH; PROVIDING FOR SEVEItABZLITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current Bill is being deliberated in the U.S. Senate as the National Flood Insurance Reform Act of 1993; and WHEREAS, the Bill recognizes the need for reform of the present National Flood Insurance Program (NFIP) to be more actuarily sound; and WHEREAS, the Bill would require mapping the entire U.S. Coastline at a cost of $25-million from policy premiums to establish 30 year, and 60 year erosion control zones; and WHEREAS, the establishment of said 30 and 60 year erosion control zones is arbitrary and unpredictable throughout the entire coast of the United States on a standardized basis and is highly controversial; and WHEREAS, the Bill does not permit flood insurance for any new construction or additions to existing structures located within the 30 year zone; and WHEREAS, the Bill does not permit flood insurance for any nonresidential structure or residential structure that is not readily movable within the 60 year zone; and WHEREAS, existing structures are grandfathered into the Bill but will ultimately be denied insurance after two claims totaling 50% within ten years; and WHEREAS, this Bill would greatly diminish the value of property within virtually every coastal community in the Nation because owners could not insure the structures of their property or sell to buyers having to finance the purchase of such property; and WHEREAS, the property appraiser of Indian River County has determined that the coastal properties within the City of Sebastian would generate over 40% of the entire City of Sebastian budget and has concluded that this Bill would drastically reduce the tax base of the City of Sebastian; and WHEREAS, this Bill would impose no similar prohibitions on the insurability of structures within the Riverine areas of the nation which are chronically and predictably flood prone, even though statistics show that number and value of flood insurance claims from Riverine areas have exceeded those from coastal areas; and WHEREAS, the severe economic impact of the Bill on coastal tax bases has not been fully considered; and WHEREAS, the Senate should not enact this Bill in its current form due to this inequity and fundamental unfairness to coastal property owners. 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SEB&STIAN, FLORiD~ TH~T~ SECTION 1. The City Council urges the Senate to reject Senate Bill 1405 in its current form due to its devastating impact on the tax base and fundamental unfairness to the nation's coastal property owners and, in particular, those in Florida who make up more than 43 percent of all NFIP policy holders. SECTION 2. The City Council strongly recommends that the aCtuarial soundness of the NFIP enforcing regulations to mandate that the other 8.5 million uninsured structures to federally designated flood areas be brought into compliance. SECTION 3. The City Council recommends that the be significantly increased by I controversial and scientifically unreliable mapping to create 30 and ~0 year coastal zones of erosion be deleted until the chronic and repetitive Riverine losses are addressed. SECTION 4. CONFLICT. All other resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 5. EFFECTIVE D&TE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: 3 Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1993. CITY OF SEBASTIAN, FLORIDA By: Lonnie R. Powell, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 4 COASTAL ADVOCATE, Inc.! Prem THE NATIONAL FLOOD INSURANCE PROGRAM · i Coastal Mana e ' ' I COASTAL ADVO CATE, Inc. S h i p ~ 101 lo PmC' !~Nri~ix~Vii (609) 361-0550 THE NATIONAL FLOOD INSURANCE PROGRAM Premiums Paid In (1978 through 1991) vs. Claims Paid Out by State ~TATE PREMIUMS IN ~LAIMS ~UTi No. Carolina $99,209,478 41,390,2i9 No. Dakota 14,735,855 10,277,958 Ohio 41,312,965 35,188,803 Oklahoma 25,598,032 60,980,355 Oregon 15,372,875 2,916,970 Pennsylvania 177,065,744 66,891,738 Puerto Rico 23,737,681 39,483,137 Rhode Island 29,430,531 14,194,735 $o. Carolina i26,366,057 372,107,334 So. Dakota 2,531,404 1,148,032 Tennessee 19,142,121 14,302,680 Texas 671,022,762 792,731,373 Utah 5,564,522 4,517,884 Vermont 6,146,435 1,323,812 Virgin Islands 5,435,775 8,493,792 Virginia 90,289,781 58,93~,673 Washington 30,645,276 35,747,903 West Virginia 40,160,164 67,895,813 Wisconsin 16,309,690 4,104,475 Wyoming 3,454,063 970,214 TOTAL 5,744,595,961 3,755,510,266 (1978 ~.PR[MIUMS.i to 4/30/92) Page 2 Tq.. CLAIM_S 240 X 143 117 42 527 265 6O 207 34 220 134 85 123 464 64 153 86 59 397 356 ioastal Management Services Beach Restoration Lobbying m Kenn~~ith President WE ARE HERE TO SERVE YOU! .1~40 25TH STREET VERO BEACH, FLORIDA 3296O (4o7) ~7~ F~x (407) 770-S~7 iNTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS FLORIDA CI-IA~TER IAAO HONORARY MEMBER TENNESSEE CHAPTER IAAO IAAO MEMBE~ OF THE Y~R 1989 AMERICAN SOCIETY OF APPRNSEE$ PROFESSlONN. APPRAISERS ASSOCIATION OF FLORIDA FLORIDA ASSOCIATION OF PROPERTY APPRAJSERS David INDIAN RIVER C. Nolte, ASA COUNTY PROPERTY APPRAISER Dr. Peter Fallon September 30, 1993 12930 Highway A1A Vero Beach FI. 32963 Dear Dr. Fallon: It was distressing to hear that once again Congress is considering a bill that would have a major impact on the ability of local governments (coastal counties) to fund education, police, fire, repair roads, provide services for the needy, in short the whole range of local government services--without notifying the counties affected and holding local public hearings! How can it be, when legislation threatens 40% of the local tax roll that there is no fiscal impact study? Some of the proposed changes in the Federal Flood Insurance program could seriously impact over-$2,000, O00,O00 of the taxable value in Indian River County alone. That's $48,000,000 local tax dollars! I hope that this letter will alert our Congressmen to the fact that changes to this program effect more than just the property owners, their ability to get loans or their ability or rebuild after damage. These changes could seriously effect everyone who lives or works in a coastal county. Florida Statute 193:011 (2) mandates that we take into account ... "any law ... adopted by any government" that "restricts the development or improvement of property". Dr. Fallon, I hope the above proves useful. Sincerely, TESTIMONY OF DR. PETER M. FALLON BEFORE THE UNITED STATES SENATE SUBCOMMITTEE ON HOUSING AND URBAN AFFAIRS CONCERNING S. i405, "THE NATIONAL .... FLOOD ~INSURANCE REFORM ACT OF 1993", SEPTEMBER, 14,1993. '" MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE, MY NAME IS PETER FALLON AND I REPRESENT THE NORTH BEACH CIVIC ASSOCIATION OF VERO BEACH, FLORIDA. THANK YOU FOR THE OPPORTUNITY TO TELL YOU HOW THIS BILL EFFECTS FLORIDA. WE FEEL THE NFIP HAS BEEN A VERY SUCCESSFUL PROGRAM AND AGREE THAT IT NEEDS SOME FINE TUNING. HOWEVER, THE THRUST OF ITS REFORM SHOULD ADDRESS THE 8.5 MILLION STRUCTURES IN FLOOD ZONES THAT ARE NOT CURRENTLY INSURED BUT SHOULD BE. THE PRESENT MISSISSIPPI RIVERINE FLOODING HIGHLIGHTS THIS SORRY ~FACT. IF THE AVERAGE PREMIUM IS $300 AND ALL 11 MILLION STRUCTURES AT RISK WERE INSURED,THE YEARLY PREMIUMS WOULD TOTAL 3.3 BILLION DOLLARS. I SUBMIT NO STORM EVENT WOULD EVER DEPLETE THIS FUND. HOWEVER, THIS BILL DOES MAKE IMPROVEMENTS TO ENFORCE COMPLIANCE AND THAT'S ENCOURAGING. IT DOESN'T TAKE A ROCKET SCIENTIST TO SEE THAT BY INCREASING THE POOL, WE'LL SPREAD THE RISK AND KEEP THE PROGRAM SOLVENT. FLORIDA'S POLICY HOLDERS COMPRISE 43 PERCENT OF THE ENTIRE PROGRAM, WELL OVER A MILLION POLICIES.--~"KNOW AND UNDERSTAND THE VALUE OF FLOOD INSURANCE. NOT ONLY THAT, BUT FOR EVERY..DOLL~R pAID OUT IN..CLAIMSI WE HAVE PAID IN 31222! THIS HAS BEEN AN EXTRAORDINARY RETURN ON A VERY'GO0~ INVESTMENT. IT'S A FACT, THAT FLORIDA'S PREMIUMS HAVE 'PAID THE CLAIMS FOR A LARGE SHARE OF THE OTHER POLICY HOLDERS. TO A GREAT DEGREE, FLORIDA IS THE NFIP. WE HAVE WILLINGLY PAID OUT THESE PREMIUM DOLLARS BECAUSE IT IS AN iNSURANCE PROGRAM. NOW, WITH S.1405 WE ARE SHOCKED AT THE ATTEMPT TO TURN A VIABLE AND SELF SUPPORTING INSURANCE PROGRAM INTO A FEDERALLY BACKED LAND GRAB. MAKE NO MISTAKE. IF THIS BILL IS PASSED WITH ITS HIGHLY CONTROVERSIAL AND SCIENTIFICALLY UNRELIABLE EROSION ZONES, IT WILL BE A DISASTER FOR OUR TAX BASE. HOW CAN THIS BE? WELL, VIRTUALLY ALL OF FLORIDA'S COASTAL PROPERTIES WiLL BE IN THE 30-60 YEAR ZONE AND BECAUSE OF THEIR HIGH REAL ESTATE VALUES THEY GENERATE ENORMOUS TAX REVENUES. LEGISLATION LIKE S.1405 THAT IMPACTS THE TAX BASE RESULTING IN THE ULTIMATE LOSS OF A COASTAL PROPERTY,S INSURABILITY WILL CAUSE A CORRESPONDING ~OS~_OF THE PROPERTY,S MARKET VALUE AND ABILITY TO BE MORTGAGED. THIS BILL DENIES FLOOD INSURANCE TO NEW CONSTRUCTION AND WILL CAUSE THE ULTIMATE REMOVAL OF INSURANCE TO EXISTING STRUCTURES IN THE 30-60 YEAR ZONES, IN WHICH, I REMIND YOU, VIRTUALLY ALL OF FLORIDA'S COASTAL PROPERTIES EXIST. THIS WILL CAUSE THEIR VALUE TO PLUMMET, AND WITH NO MARKET VALUE, PROPERTY ASSESSMENTS WILL ALSO GO SOUTH. FLORIDA IS THE ORIGINAL CONDOMINIUM STATE. THIS BILL AND ITS RESTRICTIONS POSE INSURMOUNTABLE PROBLEMS FOR OUR CONDOS. IF ONE FIRST OR SECOND FLOOR OWNER RECEIVES THE LIMIT IN CLAIMS AND HiS FLOOD INSURANCE IS DENIED, THE ENTIRE MASTER POLICY FOR THE BUILDING WILL BE CANCELLED. WITHOUT INSURANCE, ALL FDIC MORTGAGES WILL BE CALLED. MANY RETIREES WILL SUFFER DEARLY, ALL BECAUSE OF THESE ZONES. ALSO, HOW DOES A CONDO COMPLY WITH THE REGULATIONS TO ELEVATE AND BE "READILY MOVABLE" FOLLOWING STORM DAMAGE? IT'S INTERESTING TO NOTE THAT OUR PROPERTY APPRAISER, MR. DAVID NOLTE, HAS DETERMINED THAT THE COASTAL PROPERTIES OF INDIAN RIVER COUNTY GENERATE OVER $48..MI~Li. ON DOLLARS IN TAX REVENUES. THIS IS OVER 43 PERCENT OF OUR ENTIRE--COUNTY BUDGET. THIS MONEY FUNDS OUR FIRE AND ,,eOLICF PROTECTION AND CONSTITUTES 26 PERCENT OF OUR ENTIRE SCHOOL BUDGET. ' ....................... ~/N OUR SMALL COUNTY ALONE, HE HAS ESTIMATED THAT THE COST IN LOST TAX DOLLARS WOULD HAVE THE SAME EFFECT AS A HURRICANE ANDREW EACH AND EVERY YEAR! IF THIS INCOME IS NO LONGER GENERATED, EVERYONE ON THE MAINLAND WILL HAVE TO MAKE UP THE DIFFERENCE. I SUBMIT THAT THIS BILL FAR EXCEEDS ITS INTENT IF IT ENDS UP RAISING TAXES ON EVERYONE WHO DOESN'T LIVE ON THE COAST. BECAUSE FLORIDA HAS THE GREATEST AMOUNT OF POLICYHOLDERS AND AN EXCELLENT, NON REPETITIVE CLAIM RECORD(UNLIKE THE RIVERINE AREAS), WE FEEL THAT THE iNTRUSION, NO, THE VIOLATION OF OUR PROPERTY RIGHTS BY THE FEDERAL GOVERNMENT MAPPING THESE 30-60 YEAR ZONES WILL GUARANTEE SIGNIFICANT AND TIME DELAYING LITIGATION. LET'S EXAMINE MAPPING THE 30-60 YEAR EROSION ZONES. ALL COASTAL ENGINEERS AGREE ON ONE THING: THAT.EROSION IS.NEITHER PREDICTABL~EE NO.___R STANDARD. FURTHERMORE, IT'S PROPOSED TO USE A BASELINE REFERENCE FEATURE FROM WHICH TO MEASURE EROSION THAT'S NOT EVEN FIXED. IT MAKES NO SENSE TO USE A PHYSICAL LANDMARK LIKE A DUNE CREST OR VEGETATION LINE THAT'S SUBJECT TO SHIFTING BY WIND OR WATER. WE SUGGEST THAT SPENDING 2--5 MIL~LIO~ DOLLARS OF OUR PREMIUM MONEY ON A MAPPING PROGRAM THAT'S NOT SCIENTIFICALLY VALID IS WASTEFUL. ENTER NOW THE 30 YEAR ZONE OF EROSION. WHY 30 YEARS AND NOT 18 OR 22 YEARS? BECAUSE THAT,S BEEN THE LIFE OF A TRADITIONAL MORTGAGE. THIRTY YEARS HAS NO SCIENTIFIC BASIS AS AN EROSION FACTOR YET THIS BILL IS ARBITRARILY USING THAT NUMBER AND THEN DOUBLING IT TO PENALIZE VIRTUALLY ALL OF FLORIDA,S COASTAL TAX BASE. WE SEE NO PLACE IN A SUCCESSFUL INSURANCE PROGRAM FOR SUCH A LAND MANAGEMENT INTRUSION, ESPECIALLY IN FLORIDA, THE LEADER IN COASTAL ZONE MANAGEMENT AND ESTABLISHMENT OF CONSTRUCTION SETBACKS. IN FACT, OUR ENFORCEMENT OF COASTAL BUILDING STANDARDS HAVE RESULTED IN THESE STRUCTURES EXPERIENCING 78% LESS DAMAGE THAN THOSE NOT BUILT TO THE SAME SPECIFICATIONS. " " MR. CHAIRMAN, WE HEARTILY APPLAUD: -THE NEW BANKING REGULATIONS TO MANDATE COMPLIANCE, -THE PROVISION FOR THE INCREASED COST OF CONSTRUCTION, -THE INCREASE IN COVERAGE AMOUNTS BUT WE S~TRONGLY OPPOSE THE ARBITRARY AND SCIENTIFICALLY UNSUBSTANTIATED CREATION OF EROSION ZONES THAT WILL DESTROY PROPERTY VALUES, TAX BASES, AND PROPERTY RIGHTS OF THE HUNDREDS OF THOUSANDS OF AMERICANS LIVING ON OUR COASTS. IN VIEW OF THE CURRENT MISSI~PS~FLOODIND+___-T]~ FINANCIAL CONSEQUENCES OF THIS PROPOSED LEGISLATION CRY OUT FOR FURTHER REVIEW AND STUDY. WE ARE VERY WORRIED THAT IF A STORM DOESN'T GET US, THE GOVERNMENT WILL. WE URGE YOU TO NOT LET THE GOVERNMENT DO US MORE DAMAGE THAN A STORM. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, OPPOSING SENATE BILL 1405 REGARDING THE NATIONAL FLOOD iNSURANCE REFORM ACT OF I~93 AS IT IS CURRENTLY WORDED, AND RECOMMENDING CERTAIN' CHANGES WHICH WOULD MAKE THE PROPOSED LAW ACCEPTABLE. WHEREAS, THE CURRENT BILL IS BEING 'DELIBERATED IN THE U.S. SENATE AS THE NATIONAL FLOOD INSURANCE REFORM ACT OF 1993; AND WHEREAS, THE BILL RECOGNIZES THE NEED FOR REFORM OF THE PRESENT NATIONAL FLOOD INSURANCE PROGRAM TO BE MORE ACTUARIALY SOUND; AND WHEREAS, THE BILL WOULD REQUIRE MAPPING THE ENTIRE U.S. COASTLINE AT A COST OF 25 MILLION DOLLARS FROM POLICY PREMIUMS TO ESTABLISH 30 YEAR, AND 60 YEAR EROSION CONTROL ZONES; AND WHEREAS, THE ESTABLISHMENT OF SAID 30 AND 60 YEAR EROSION CONTROL ZONES IS ARBITRARY AND UNPREDICTABLE THROUGHOUT THE ENTIRE COAST OF THE UNITED STATES ON A STANDARDIZED BASIS AND IS HIGHLY CONTROVERSIAL; AND WHEREAS, THE BILL DOES NOT PERMIT FLOOD INSURANCE FOR ANY NEW CONSTRUCTION OR ADDITIONS TO EXISTING STRUCTURES IN .THE 30 YEAR ZONE; AND WHEREAS, THE BILL DOES NOT PERMIT FLOOD INSURANCE FOR ANY I~ONRESIDENTIAL STRUCTURE OR RESIDENTIAL STRUCTURE THAT IS NOT READILY MOVABLE IN THE 60 YEAR ZONE; AND WHEREAS, EXISTING STRUCTURES ARE GRANDFATHERED INTO THE BILL BUT WiLL ULTIMATELY BE DENIED INSURANCE AFTER TWO CLAIMS TOTALING 50% WITHIN TEN YEARS; AND WHEREAS, THIS BILL WOULD PROHIBIT FEDERALLY BACKED MORTGAGE FINANCING INSTITUTIONS FROM FINANCING STRUCTURES WITHIN FLOOD PRONE AREAS UNLESS SUCH STRUCTURES WERE INSURED UNDER THE NATIONAL FLOOD INSURANCE PROGRAM; AND WHEREAS, THIS BILL WOULD THEREFORE GREATLY DIMINISH THE VALUE OF PROPERTY WITHIN VIRTUALLY EVERY COASTAL COMMUNITY IN THE NATION BECAUSE OWNERS COULD NOT INSURE THE STRUCTURES ON THEIR PROPERTY OR SELL TO BUYERS HAVING TO FINANCE THE PURCHASE OF SUCH PROPERTY; AND WHEREAS, THE PROPERTY 'APPRAISER OF INDIAN RIVER COUNTRY HAS DETERMINED THAT THE COASTAL PROPERTIES OF SAID COUNTY GENERATE OVER 48 MILLION DOLLARS IN TAX REVENUE AND THIS AMOUNT IS 43 PER CENT OF THE ENTIRE INDIAN RIVER COUNTY~ BUDGET AND HAS CONCLUDED THAT THIS BILL WOULD DRASTICALLY REDUCE THE TAX BASE OF INDIAN RIVER COUNTY; AND WHEREAS, THiS BILL WOULD ~iMPOSE NO sIMILAR PROHIBITIONS ON THE INSURABILITY OF STRUCTURES WITHIN OTHER AREAS OF THE NATION WHICH '~'? ~'?~RONICALLY AND PREDICTABLY FLOOD PRONE, SUCH AS THE RIVERINE AREAS, EVEN THOUGH STATISTICS SHOW THAT NUMBER AND VALUE OF FLOOD INSURANCE CLAIMS FROM RIVERINE AREAS HAVE EXCEEDED THOSE FROM COASTAL AREAS; AND WHEREAS, THE SEVERE ECONOMIC iMPACT OF THE BILL ON COASTAL TAX BASES HAS NOT BEEN CONSIDERED AND THIS IMPACT FAR EXCEEDS THE INTENT OF THE BILL; AND WHEREAS, THE SENATE SHOULD NOT ENACT THIS BILL IN ITS CURRENT FORM DUE TO THIS INEQUITY AND FUNDAMENTAL UNFAIRNESS TO COASTAL PROPERTY OWNERS; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: OF COUNTY THE BOARD URGES THE SENATE TO REJECT SENATE BILL 1450 IN ITS CURRENT FORM DUE TO ITS DEVASTATING IMPACT ON THE TAX BASE AND FUNDAMENTAL UNFAIRNESS TO THE NATION'S COASTAL PROPERTY OWNERS AND, IN PARTICULAR, THOSE IN FLORIDA WHO MAKE UP MORE THAN 43 PERCENT OF ALL NFIP POLICY HOLDERS. 2. THE BOARD STRONGLY RECOMMENDS THAT THE ACTUARIAL SOUNDNESS OF THE NFIP BE SIGNIFICANTLY INCREASED BY ENFORCING REGULATIONS TO MANDATE THAT THE OTHER 8.5 MILLION UNINSURED STRUCTURES IN FEDERALLY DESIGNATED FLOOD AREAS BE BROUGHT INTO COMPLIANCE. 3. THE BOARD FURTHER RECOMMENDS THAT THE CONTROVERSIAL AND SCIENTIFICALLY UNRELIABLE MAPPING -TO CREATE 30 AND 60 YEAR COASTAL ZONES OF EROSION BE DELETED UNTIL THE CHRONIC AND REPETITIVE RIVERINE LOSSES~ADDRESSEDo SENATE BA/TKING S'U~COM~ITTEE ON HOUSING ARD URBAN AFFAIRS Hon. Paul S. Sarbanes United States Senate 309 Hart Building Washington, DC 20510 Hon. Richard H.'Bryan United States Senate 364 Russell Building Washington, DC 20510 Hon. Christopher S. Bond United States Senate 293 Russell Buildin~ Washington, DC 20510 Hon. William V. Roth Jr. United States Senate 104 Hart Building Washington, DC 20510 Sen. Riegle chairs the full committee; sen. D'Amato is ranking minority. Both serve ex officio. Sen. Sarbanes Chairs the Subcommittee. Hon. Donald W. Riegle U. S. Senate 105 Dirksen Building Washington, DC 20510 Hon'. Christopher j. Dodd United States Senate 444 Russell BUilding Washington, DC 20510 Hon. Carol Moseley-Braun United States Senate 708 Hart Building Washington, DC 20510 Hon. Connie Mack United States Senate 517 Hart Building WashingtOn, DC 20510 Hon. Pete v. Domenici United States Senate 427 Dirksen Building Washington, DC 20510 Hon. Alfonse M..D'Am~ United States Senate 520 Hart BUilding m Washington, DC 20010 Hon. John F. Kerry United States Senate 421 Russell Building Washington, DC 20510 Hon. Barbara Boxer United States Senate 112 Hart Building Washington, DC 20510 Hon. Lauch Faircloth United States Senate 716 Hart Building Washington, DC 20510 I i I I I I I I I I 37 1 (b) TR~S~T~o~.--The Director of the Federal 2 Emergency Management Agency (hereafter in this title re,- 3 ferred to as the "Director") may pay amounts under flood 4 insurance contracts for demolition or relocation of strut- $ tures as provided in section 1306(c) of the National Flood 5 Insurance Act of 1968 (as in effect immediately before the 7 date of enactment of this Act) only during the l-year pe- 8 riod begin_~ing on: the date of enactment of this Act. 9 SEC. 406. LIMITATIONS ON NEW FLOOD INSURANCE COV- 10 El?AGE IN EROSION HAZARX) AREAS. 11 The National Flood Insurance Act of 1968 (42 12 U.S.C. 4001 et seq.) is amended by inserting after section 13 1313 the following new section: 14 'SEC. 1314. PROPERTIES LOCATED WITHIN 30-YEAR AND 60- 15 YZ~m gROSXON HAZARD AREAS. 15 "(a) PROPERTiES LOCATED WITI-KN 30-YEAR ERO- 17 S~O~ ~ APts.--After the establishment of erosion 18 hazard areas under section 1360(i), the Director may not 19 make flood insurance available within a 30-year erosion 20 hazard area with respect to any new-- 21 "(1) c~o. nstruction: or 22 "(2) addition to an existing structure, if the ad- 23 dition makes the structure not readily movable.. 24 "(b) PROPERTiES LOCATED W~THX~ 60-YEAR ERO- 25 S~ON ~D AREA AND 0UTSU)E 30-YEAR EROSION *S 1405 IS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 ~ ARF~.--After the establishment of erosion haz- ard areas under section 1360(i), the Director may ~..ot make flood insurance available with respect to any new- ''(1) nonresidential structure; "(2) residential structure that is not readily movable; or "(3) addition to an existing structure, if the ad- dition makes the structure not readily movable; that is constructed or relocated landward of the 30-year erosion hazard area and within the 60-year erosion hazard area established by the Director under such section.". SEC. 4o7. ~ rROS~O~q sqxrog. (a) S?vDY.--The Director shall conduct a study to determine the feasibility of identifying and establishing riv~erine ero.~ian hazard, areas, erosion rates, and baseline reference features, and the best methods of community management of such hazards consistent with section 1361 of the National' Flood Insurance Act of 1968. In conduct- ing the study, the Director shall-- (1) investigate and assess existing and state-of- the-art technical methodologies for assessing riverine erosion; (2) examine and evaluate natural riverine proc- esses, environmental conditions, human-induced changes to the banks of rivers and streams, exam- ~ ~t4o~ IS City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: REAPPOINTMENT, CONSTRUCTION BOARD JOHN LAMAN, GENERAL CONTRACTOR JERALD E. SMITH, REGULAR MEMBER Approved For Submittal By: City Manager ) Agenda Number: .... ) ) Dept. Origin: Community Development ) (BC) ) Date Submitted: O9/17/93 ) For Agenda Of: 10/13~93 ) ) Exhibits: Applications for: ) 1) John Laman, 2) Gerald E. Smith 3) Joseph W. Schulke EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At the Construction Board meeting held September 14, 1993, a motion was made by Mrs. Enlow, seconded by Mr. Haney to recommend to City Council the reappointment of John Laman, General Contractor, to serve a second term to expire September, 1996. At the same meeting, a motion was made by Mr. Haney, seconded by Mrs. Enlow to recommend to City Council the reappointment of Gerald Smith, Regular Member, to serve a first full term to expire September, 1996. RECOMMENDED ACTION Move to reappoint John Laman, General Contractor and Jerald Smith, Regular Member, both for additional 3 year terms to expire September, 1996. S EB ASTL4 Y POLICE Office Box 780127 Se~tian, FL 329784127 (~7) 58~5233 I . MEMORANDUM i DATE i Septem~r!411993 i TO . Kathryn M. O Halloran, 'CiO Clerk FRoM i Investigator Willia~Render I SUBJECT. Want/Warrant Check - Applicant John Mark Leman i A check for wants/warrants for the above referenced applicant/board member reveal that: I ~ No active want or warrant for subject is on file. [ ] An active warrant or want does exist and'follow up will I occur. [ ] Holds valid Florida Drivers License. I investiga~r v "' Sebastian Police Department .. TO: FROM: SUBJECT: DATE: City of Sebastian POST OFFICE BOX 780127 s SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 M E M O Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk Investiaat~.0B - Board~3j~g~Lg_R John Mark Laman Septe~ber 9, 1993 Attached please find board application of John Mark Laman, for investigation, in accordance with Resolution No. R-91-38, to serve on a City Board. /js Enclosure . 3. 4. 6. 7. 8. APPLICATION TO SERVE ON CITY BOARD BUSINESS TELEPHONE: ~~ ~ ~ 7 ~ DRIVERS LICENSE ~BER: 10. Voter registration no. 11. Are you a resident of the City? Yes No~/ 12. Length of Residency 13. Do you hold a public office? Yes No / 14. Do you serve on a City Board at present? Yes ~/No 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1" ) *BOARD OF ADJUSTMENT CEMETERY COMMITTEE ~ *CODE ENFORCEMENT BOARD ~ *CONSTRUCTION BOARD ~ *PLANNING AND ZONING ~ HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on .th~s ~ i, ' ff ..... ~-,:~.~.~,, ~ ~, ~ 17. What reasons do you have for wishing to serve on an advisory board? 18. ~Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state~ 19. Would you consider serving on another Boar~/other than the one(s) you selected above? Yes ~/ No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend remove from office any municipal board member for or malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me//~--~~ 19~b , by ~0¼~ ~Aek ~~ , who is - so~%ily k ~ -- as ide~ification. to me or has produced (SEAL) Name 6f Nota~ (printed 07 Typed) Commission No. I \ws- form\ appl ication S EB ASTIAN POLICE DEPARTmeNT DATE MEMORANDUM September 14, 1993 Post Office Box 780127 Sebastian. FL 32978-0127' (407) 589-5232 Ill Ill ...... TO ~o~ SUBJECT: : Kathryn M. O'Halloran, City Clerk : Investigator William Render Want/Warrant Check - Applicant Jerald E. Smith, Sr. A check for wants/warrants for' the applicant/board member reveal that: above referenced ~ No active want or warrant for subject is on file. [ ] An active warrant or want does exist and'follow up will occur. Holds valid Florida Drivers License. Investigator Sebastian Police Department TO: FROM: SUBJECT: DATE: POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 . I '1 I City of Sebastian I M E M 0 Earle Petty, Chief of Police Kathryn M. O'Halloran, city Clerk Investiqation - Board Applic~.t.ioD Jerald E. Smith. September 3, 1993 Attached please find board application of Jerald E. Smith, sr., for investigation, in accordance with Resolution No. R-91-35, .... City t~,,~ ,,~'~v~ on a Board. /js Enclosure PPLICATION TO SERVE ON CITY BOARD 5. 6. 7. 8. 9. 3. HOME TELEPHONE: Z/DY- ~-'f/ - ~ ........ ~3~' ~'' .... BUSINESS ADDRESS: ..... BUSINESS TELEPHONE: ~& 7--~--.~ - ~/~ DRIVERS LICENSE NUMBER: 5' ~30- ~-_~k- ~b ~-' RES~E OF EDUCATION AND EXP~.RIENCE: 5~~ ~,~ ~~ (use additional sheets if necessa~ or submit res~e if available) 10. Voter registration no. q ~ ~..} ~ ~ 11. Are you a resident of the City? Yes No~__ 12. Length of Residency 13. Do you hold a public office? Yes__ No~_ 14. Do you serve on a City Board at present? Yes~_ No 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE ..... *CODE ENFORCEMENT BOARD "' *CONSTRUCTION BOARD _j___ *PLANNING AND ZONING HANDICAPPED COMMITTEE . What qualifications do you have to serve on this board? 17. What reasons do you have for wishing to serve on an advisory board? ~ .z~'~,_~ ~ ~ - / ~-.,-.-~/,/,/,/,~_~ ~ '' /?--- . ....... 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? 19. Would you consider servin9 on another Board othe~ t~b~n the one(s) you selected above? Yes ~ No ~_ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. i understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is misdemeanor,indicated or informed against for the commission of any felony or I hereby authorize the Sebastian Police Department to run an active warrant check on me. ~ ~ A~i i6an~ Signa%ure~ ~ Subscribed and sworn to bef0r~ me this / day o~ ~&~~ ( SEAL ) \ws- form\ app 1 ication I % S EB ASTLA T POLICE DEPA.RT NT MEMORANDUM Post Office Box 780127 Seoastian. FL '32978-0127 ' (407) '589-52,33 [' C'~f)~ "~ I I I '~:. ~<~. ~-- ~. ~, .... ~. ~ ~ ,,.~., ~ ~._ ~. . ~/ -'~ DATE = TO = FROM = SUBJECT= September 14, 1993 Kathryn M. O'Halloran, City Clerk Investigator William Render Want/Warrant Check - Applicant Joseph W. SchuLke A check for wants/warrants for the applicant/board member reveal that: above referenced No active want or warrant for subject is on file. An active warrant or want does exist and'follow up will occur. ~ Holds valid Florida Drivers License. investigator ' Sebastian Police Department TO: FROM: SUBJECT: DATE: . I I I I I I I I I I i I I Attached please find board application of Joseph W. to serve on a /js Enclosure 2. 3. 4. 5. 6. 7. 8. 9. APPLICATION TO SERVE ON CITY BOARD NAME: Joseph W. Schulke HOME ADDRESS: 466 Caravan ...Terrace, Sebastian° FL HOME TELEPHONE: 589-9045 BUSINESS: William J. Schulke, Inc. - Building Contractor BUSINESS ADDRESS: 1249 Larkspur Street~ Sebastian~ FL 32958 BUSINESS TELEPHONE: 388-1876 SOCIAL SECURITY NUMBER: DRIVERS LICENSE NUMBER: RESUME OF EDUCATION AND EXPERIENCE: See ~ttaqhed (use additional sheets if necessary or submit resume if available) 10. Voter registration no. 11. 12. 13. 14. 15. Are you a resident of the City? Yes X No Length of Residency Do you hold a public office? Yes No X Do you serve on a City Board at present? 2 Yr. 9 Mo. Yes__ No X PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD ---~ *PLANNING AND ZONING 2 HANDICAPPED COMMITTEE .... 16. What qualifications do you have to serve on this board? 1. Resident of the City of Sebastian 2. FIo~'ida"Licensed Building c'0n~'ractor actively engaged in construction in Sebastian (Lic. No. CBC 050073BC) 3. ~10r'~da ~icensed P~ofe~siona~ Eh~ineer (Lic. No. P.E. 47048) 17. What reasons do you have for wishing to serve on an advisory board? As a concerned resident of Sebastian, I would like to actively enqaqe_ in serving the community in a positive manner. 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No X 19. Would you consider serving on another Board other than the one(s) you selected above? Yes No X I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Applicant Signature Subscribed and sworn to before me this 8th day of September , 19__9% by Joseph W. Schulke , who is personally known to me~Rrx~k~xxxxxxxxxxxxxxxxxxxxxxxxxx~K~ (SEAL) Notary Public, ~tate of Florida Patti W. Espich Name of Notary (Printed or Typed) CC252213 Commission No. \ws- form\ application m m m m m m m m m m m m m m m m m m JOSEPH W. SCHULKE 466 Caravan Terrace Sebastian, Florida 32958 (407) 589-9045 Education - Registration University of Miami, Coral Gables, Florida Bachelor of Science, Civil Engineering, May 1989 Bachelor of Science, Architectural Engineering, May 1989 Registered Engineer Intern, Registration No. 1088 EL 326, August 1989 0 Florida Certified Building Contractor, License No. CBC 050073BC (Active 1990) 0 Florida Registered Professional Engineer, License No. 47048 (1993) Emplo,y~.ent Experience Lloyd & Associates, Inc. Consulting Engineers and Surveyors 1835 20th Street Vero Beach, Florida 32960 Positions: 1985 - 1986 1987 Part Time Part Time Mc0ueen & $ssociates, Inc. Consulting Engineers and Surveyors 780 22nd Place, Suite 201 Vero Beach, Florida 32960 Survey Crew Draftsman Positions: 1987 - 1989 1989 - 1993 Part Time Full Time Kniqht,.McGuire & Associates, Inc. C0nsUlt~ng ~ngineers an~ planner~ 830 Azalea Lane, Suite 204 Veto Beach, Florida 32963 Project Engineer Project Engineer Positions: 7/93 - Present William J. Schu!_ke, Inc. Building Contractor 1249 Larkspur Street Sebastian, Florida 32958 Project Engineer Positions: Personal 1985 - 1990 1990 - Part Time Laborer/Admin. Duties Vice-President/Consultant and Qualifying Agent for Licensure Birthdate: December 6, 1965 Birthplace: Atlantic City, New Jersey .Married: 12/90 Spouse: Nadia Alejandra City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 rn FAX (407) 589-5570 i AGENDA FORM SUBJECT= Police Pension Board of Trustees - Appoint Fifth Member _~.~ROVED FOR SUBMITTAL BY: 4/ ~ . Clty ~a~nager. ~~1 '/ ) Dept. Origin City Clerk ) ) Date Submitted 10/7/93 ) ) For Agenda Of 10/13/93 ) ) Exhibits: EXPENDITURE REQUIRED: ~O~T B~G~ED: APPROPRIATION REQUIRED: SUMMARY The city Council, in accordance with Section 58-51 (a) (3) of the Cod~ ©f ordinances, is required to appoint, as a ministerial duty, 'the fifth member of the Police Pension Board as elected by the four other members of the board for a two year term. The four newly appointed members of the Police Pension Board will meet on Friday, October 8, 1993 to appoint a fifth member. Although we ordinarily attempt never to bring you incomplete agenda backup, due to time contraints and to comply with Florida state law, I request that we be allowed to bring you the name of that appointee subsequent to submittal of this agenda packet. ~COMMEND.]~D ACTION Move to appoint the fifth member of the Police Pension Board of Trustees as elected by the four other members for a two year term to expire 10/95. Appreciation Bond is redeemed prior to maturity, or (B) receiving payment of a Capital Appreciation Bond if the principal of all Bonds becomes due and payable under the provisions of this Resolution, or (C) computing the amount of Bonds held by the Holder of a Capital Appreciation Bond in giving to the Issuer or any trustee or receiver appointed to represent the Bondholders any notice, consent, request or demand pursuant to this Resolution for any purpose whatsoever, the principal amount of a Capital Appreciation Bond shall be deemed to be its Accreted Value. SECTION 9.03. SALE OF BONDS. The Bonds shall be issued and sold at public or private sale at one time or in installments, from time to time, and at such price or prices as shall be consistent with the provisions of the Act, the requirements of this Resolution and other applicable provisions of law. The Finance Director of the Issuer is hereby authorized to deem the preliminary official statement of the Issuer in connection with the Series 1993 Bonds "final" within the meaning of Securities and Exchange Commission Rule 15c2-12, except for permitted omissions, as defined therein. SECTION 9.04. SEVERABILiTY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements and provisions of this Resolution and shall in no way affect the validity of any of the other covenants, agreements or provisions hereof or of the Bonds issued hereunder. SECTION 9.05. VALIDATION AUTHORIZED. To the extent deemed necessary by Bond Counsel or desirable by Counsel for the Issuer, the Counsel for the Issuer is authorized to institute appropriate proceedings for validation of the Bonds herein authorized pursuant to Chapter 75, Florida Statutes. SECTION 9.06. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 74 The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Norma J. Damp Council Member Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted on this 3rd day of November, 1993. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 75