Loading...
HomeMy WebLinkAbout12111996 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA WORKSHOP WEDNESDAY, DECEMBER 11, 1996 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Workshop, unless approved by a majority vote of City Council at the beginning of the Workshop. Substantive decisions may not be made at Workshops (in accordance with R-96-53). CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 4. WORKSHOP ITEMS 96.250 A. 1-13 Review and Comment on Proposed Land Development Code Procedures (Community Development Transmittal 12/4/96, Outline of Existing and Proposed Procedures) 5. ADJOURN (Workshops shouM not exceed one hour in duration,) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. City of Sebastian TELEPHONE (407)589-5330 [] FAX (407) 589-5570 SUBJECT: Workshop on Land Development Code Procedures Approval for Submittal By: City Manager-/~%~ ~~,<~ ) ) ) ) ) ) ) ) ) ) ) ) Agenda Number: ~.~ .-2~-d Dept. Origin: Community Dev. (RNI) Date Submitted: For agenda Of :~ Exhibits: 1. 12/04/96 .12/11/96 Outline of existing and proposed procedures EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT As the Council well knows, the Land Development Code needs major revisions. The budget approved this year for the Community Development Department provided for revising the procedures within the Land Development Code. Attached are a sedes of flow charts outlining the existing and proposed procedures for several of the activities covered by the Land Development Code. One area that I am not proposing to revise at this time concems home occupations. A portion of that activity is currently being handled by the City Clerk's office and a portion is currently being processed by Community Development. Consolidating the operation into one office would probably be more cost efficient and would certainly be less confusing to the public. Such a change will significantly impact the budgets of both offices. The second aspect of home occupations is that the whole matter needs to be reviewed in detail. I have received a lot of comments about home occupations, more than any other procedure the city has. Pdor to recommending procedural changes it would be prudent to study the item. RECOMMENDED ACTION Review and comment on the proposed procedures. mill 0 Ill 0 Ill LL! 0 i i I I I i ~ I ~ i I I I I 0 © © City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, DECEMBER 11, 1996 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED iN TIlE OFFICE OF THE CITY CLERK - 1225 MAINSTREET~ SEBASTIAN~ FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-96-53) CALL TO ORDER PLEDGE OF ALLEGIANCE 131VOCATION - Police Department Chaplain Frank Camillo AGENDA MODI~CATiONS (ADDITIONS AND/OR DELETIONS'} Items not on the written agenda may be added only upon majority vote of the Council members present (R-96-53) PROCLAMATIONS, ANNOUNCEMEN_TS AND/OR PRESENTATIONS CITy ATTORNEY MATTERS CITY MANAGER MATTERS 15-30 96.079 31-34 96.251 35-60 96.252/ 95.212 61-72 96.149 73-106 96.253 107-108 10. CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 11/20/96 Workshop, 11/20/96 Regular Meeting Adopt Resolution No. R-96-91 - Adopting Budget for Riverfront Waterline Assessment Debt Service Fund .(Finance Director Transmittal 11/27/96. R-96-91) RESOLUTION NO. R-96-91 A RESOLUTION OF THE CITY COUNCIL OF TI-IE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DEBT SERVICE FUND AMOUNTS NECESSARY TO CARRY ON THE ACTIVITIES OF THE RIVERFRONT WATERLINE ASSESSMENT PROGRAM AND ESTIMATING RECEIPTS FOR THE FISCAL YEAR; PROVIDiNG FOR SEVERABILiTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Co Authorize Mayor to Execute Quit Claim Deed to Indian River County - Water Plant Site at Park Place (Lake Dolores) (City Manager Transmittal 12/3/96, Chastaln Letter 11/21/96, Proposed Quit Claim Deed, '89 Agreement, '90 Warranty Deed, County Attorney Memo 3/23/93, County Minutes 3/9/93, Property Appraiser Summary Screen, Location Map) Approve Florida Department of Environmental Protection Modified Sovereign Submerged Lands Easement - Riverfront Shoreline Stabilization Project Wave Break (City Manager Transmittal 12/3/96, SJRWMD Letter 11/22/96, DEP Letter 11/18/96, Proposed Modified Lease, Map, Revised Legal Description of Wave Break, Cross Sections) Approve Application for Tree City USA Program as Recommended by Tree Advisory Board (Community Development Transmittal 12/4/96, Application) Sebastian River Area Chamber of Commerce Request to Allow Barbecue Vendor in Riverview Park on 12/20/96 for Employee Appreciation Night (City Manager Transmittal 12/5/96, Chamber Letter 11/15/96) PUBLIC HEARING - None 11. 109-124 96.254a 96.254b 12. 13. 96.255 125 96.256 127-134 96.257 135-146 14. 15. COMMITTEE REPORTS/RECOMMENDATIONS Construction Board Ao Interview Applicants and Appoint as Follows: (Community Development Transmittal 12/5/96, Five Applications) OLD BUSINESS NEW BUSINESS Alternate Concerned Citizen Position - Unexpired Term to Expire 9/30/98 - Board Recommends Pierre Paquette Regular Member Position - Term to Expire 9/30/99 - Board Recommends Reappointment of Jerald Smith, Sr. Discuss Salary Increase for City Clerk (Mayor Canwri~t Memo 12/4/96) Approve and Authorize Mayor to Execute Three Party Agreement - City of Sebastian, Indian River County and Nelson Hyatt - Realignment of Barber/U.S. 1 Median Cut (City Manager Transmittal 12/5/96, Davis Memo 10/23/96, Proposed Agreement, Map in City Clerk's Office for Review) Elkcam Waterway (FP&L) Crossing - Direct City Manager to Pursue Utilization of Triploid Carp (City Manager Transmittal 12/5/96, Hill Memo 12/5/96, DEP Letter 11/26/96, PW Memos 10/13/96 and 11/5/96) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker CITY COUNCIL I~ATTERS B. C. D. E. Mr. Richard Taracka Mayor Louise Cartwfight Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran 16. ADJOURN (All meetings beginning at 6:00 p.m. shall adjourn at 9:30 p.m. unless extended for one half hour by a majority vote of City Council. All meetings beginning at 7:00 p.m. shall adjourn at 10:30 p.m. unless extended for one half hour by a majority vote of City Council) ANY PERSON 1~7-I0 DECIDES TO APPF_.AL ANY DECISION MADE BY THE CITY COUNCIL I~IT--I RESPECT TO ANY MATTER CONSIDERED AT THIS MEEllNG (OR HFMRING) VrTl'.l. NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, I~tliCH RECORD 1NCLUDES THE TESTIMONY AND EVIDENCE UPON I~llCH THE APPEAZ IS TO BE HEARD. (286. O105 F.S.) 13[ COMPIJANCE ~ THE AMERICANS Ve'ITH D1SABIIJTIES ACT (ADA.), ANYONE 1~7-I0 NEEDS A SPECIAL ACCOMMODATION FOR TI-1IS MEETIN'G SHOUI_J) CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS1N ADVANCE OF THIS MEETING. Upcoming Meetings: Special Meeting (Quasi-Judidal Heating) -Wednesday, December 18, 1996 - 6 p.m. Regular Meeting - Wednesday, December 18, 1996 - Immediately Following Special Meeting Regular Meeting - Wednesday, January 8, 1996 - 6 p.m. Regular Meeting - Wednesday, January 22, 1996 - 6 p.m. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 g FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP WEDNESDAY, NOVEMBER 20, 1996 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Workshop, unless approved by a majority vote of City Council at the beginning of the Workshop. Substantive decisions may not be made at Workshops (in accordance with R-96-53). 1. Mayor Cartwright called the workshop to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Louise Cartwright Mrs. Norma Damp Mr, Raymond Halloran Mr. Richard Taracka City Manager, Thomas Frame City Attorney, Valerie Settles Director of Community Development Bob Massarelli Public Works Director, Richard Votapka Finance Director, Joel Haniford Deputy City Clerk, Sally Maio Administrative Secretary, Joanne Sandberg City_ Council Absent: Vice Mayor Walter Barnes (excused) City Council Workshop November 20, 1996 Page Two 4. WORKSHOP ITEMS 96.112 A. Review Proposed Stormwater Ordinance MOTION by Cartwright/Damp I'd like to make a motion to allow public input after the presentation and Council discussion of the matter. ROLL CALL: Mr. Barnes - absent Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 4-0 The City Manager recommended that the first reading of the proposed stormwater utility ordinance be withdrawn from the regular agenda, explaining that he was requesting City Council to go in a different direction and consider a procedure under F.S. 197.3632, allowing municipalities to use a uniform method of collecting non-ad valorem assessments for stormwater management and road projects. He explained the differences between a utility and non-advalorem assessments, whereby each property owner rather than just owners of improved properties will pay an equal share. He went on to explain required procedures, whereby a public hearing could be conducted and a resolution adopted on December 18, 1996 following proper notice which would state the City's intent to elect to use the method prescribed in F.S. 197. He stated that this resolution will not impose any assessment at this time but that assessments can be imposed next year possibly between June and September following proper notice to each property owner and required public heating and that a comprehensive ordinance could be drained prior to March 1. In closing, the City Manager presented identified basin districts, i.e., airport, old Sebastian/ Riverfront and Highlands; and finally requested that Council withdraw the first reading of proposed Ordinance No. 0-96-33, give him authority to proceed to advertise the December 18, 1996 public hearing in accordance with F.S. 197 and that he will proceed with the development of a comprehensive street and drainage improvement and maintenance ordinance utilizing non-ad valorem assessments. The Finance Director said reduction in ad valorem taxes and accomplishment of pending projects are advantages of the recommended assessment. City Council Workshop November 20, 1996 Page Three The City Manager said there was a possibility that the millage rate could be reduced as a result of this assessment. John Hill, Craven Thompson and Associates, stated that public participation is a plus with this method. The City Attorney added that in accordance with F.S. 197 there is a requirement for consent and recommended that authorization for the Mayor to sign a consent agreement with Indian River County to bold public hearings be added to the following regular agenda. The City Manager said he had received a verbal that the county has no objection. Harry Thomas, 654 Balboa Street, Sebastian, inquired what had happened to impact fees and taxes people have paid over the years and recommended accountability by the City staff. The City Manager said that no one knows the cost of assessments at this time. TAPE I - SIDE 11 (6:50 p.m.) Sal Neglia, 461 Georgia Boulevard, Sebastian, supported the City Manager's recommendation. Robert Pliska, 1590 DeWitt Lane, Sebastian, suggested the City set a policy to have projects completed professionally. Being no further business, Mayor Cartwright adjourned the workshop at 7:56 p.m. Approved at the ,1996, Regular City Council Meeting. Louise R. Cartwright Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 (561) FAX (561) 589-5570 TELEPHONE 589-5330 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 20, 1996 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAINSTREET, SEBASTIAN, FLORiDA Mayor Cartwright called the Regular Meeting to order at 7:05 p.m. The Pledge of Allegiance was recited. Invocation was given by Chaplain Frank Camillo. City_ Council Present: Mayor Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka StaffPresent: City Manager, Thomas Frame City Attorney, Valerie Settles Director of Community Development Bob Massarelli Chief of Police, Randy White Deputy City Clerk, Sally Maio Administrative Secretary, Joanne Sandberg City Council Absent: Vice Mayor Walter Barnes (excused) Regular City Council Meeting November 20, 1996 Page Two AGENDA MODi~CATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-96-53) MOTION by Cartwright/Halloran "I move to pull item 13A New Business and add item 13C". Mayor Canwright then asked the City Manager what action he was seeking. The City Manager requested "to allow us to proceed with the public hearing for a resolution to allow the uniform collection method and also to allow the Mayor to execute an agreement between the tax collector and the property appraiser on behalf of the City". CartwrighffHalloran -"So moved." ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - absent MOTION CARRIED 4-0 PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS None. CITY ATTORNEY MATTERS None. CITY MANAGER MATTERS The City Manager reported on correspondence from Dan Chastain, IRC Utilities, regarding the Louisiana water assessment program which will have a public hearing before Indian River County Commission on November 26, 1996. 2 Regular City Council Meeting November 20, 1996 Page Three CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 11/13/96 Workshop, 11/13/96 Regular 96.098 B. 96.247 C. 96.248 D. Adopt Resolution No. R-96-89 - Option Agreement for Sale and Purchase of AGC Industrial Tract Scrub, Addendum I to Conceptual Approval Agreement, Grant Award Agreement and Purchaser's Reconciliation of Total Project Costs (Community Development Transmittal 11/14/96, R~96-89 w/Attached Agreements) RESOLUTION NO. R-96-89 A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING TIlE MAYOR TO INITIAL CHANGES TO ~ OPTION AGREEMENT FOR SALE AND PURCHASE FOR THE AG(3 INDUSTRIAL TRACT SCRUB; AUTHORIZING THE MAYOR TO SIGN AND TH~ CITY CLERK TO ATTEST ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT, GRANT AWARD AGREEMENT, AND PURCHASER'S RECONCILIATION OF TOTAL PROJECT COSTS FOR THE PURCHASE OF THE AG(2 INDUSTRIAL TRACT SCRUB; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT H~REWlTH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Authorize City Manager to Enter into Agreement with L.A.W. Publications - Printed Materials for Police Department Presentations - Anti-Drug/Crime Prevention/Crimes Against Elderly - Requires Letter of Introduction from Chief on Department Stationary (Chief White Transmittal 11/6/96) Thursday Nite Bridge - Small Christmas Party During Regular Bridge - 12/12/96 or 12/19/96 - A/B - DOB Verified (City Clerk Transmittal 11/15/96 The City Manager read the consent agenda and the City Attorney read Resolution No. R-96-89 by title. He noted that the use in item D is at the Yacht Club. Mayor Cartwright requested removal of item C to allow the Chief to make a presentation. Regular City Council Meeting November 20, 1996 Page Four MOTION by Taracka/Halloran I move to approve items A, B and D of the consent agenda. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - absent Mrs. Damp - aye MOTION CARRIED 4-0 Item C - L.A.WL Publications The Chief of Police gave a brief presentation on the anti-crime program. MOTION by Cartwright/I-Ialloran I move to approve item C of the consent agenda. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Bames - absent Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 4-0 Regular City Council Meeting November 20, 1996 Page Five 10. PUBLIC ltEARI~G Procedures for public hearings: (R-96-53) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · Staff Presentation · Public Input - Limit of 10 Minutes Per Speaker ° Staff Summation ° Mayor Closes Hearing ° Council Action Anyone Hishing to Speak is Asked to Sign Up Prior to the Meeting, VfTten Called go to the Podium and State His/Her Name for the Record 96.137 to Second Reading. Public Heating_and Final Adoption of Ordinance No. 0-96-31 - Mayoral Election, Proposed Charter Revision (O-96-31) ORDINANCE NO. O-96_-3.1 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT TO ~ ELECTORS A PROPOSED AMENDMENT TO ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR TI~ ELECTION OF ~ MAYOR AT A GENERAL ELECTION ON THE SECOND TUESDAY OF MARCH OF EVERY ODD NUMBERED YEAR; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING TI-IE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING TIlE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE ~ SUPERVISOR OF ELECTIONS OF INDIAN RIVER COUNTY, FLORIDA WITH A COPY OF TI~ PROPOSED ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Cartwright opened the public hearing at 7:20 p.m., and the City Attorney read Ordinance No. 0-96-31 by title only. The City Manager gave a brief explanation. Regular City Council Meeting November 20, 1996 Page Six Frank Oberbeck, 601 Layport Drive, Sebastian, President of Aware Citizens and Taxpayers questioned why the Mayor election is being delayed until 1999 and recommended it begin in 1998. Tut Connolly, 149 Kildare Drive, Sebastian, said he does not understand the need for the change in the procedure for election of the Mayor by the people in a City Manager/Council form of government. Sal Neglia, 461 Georgia Boulevard, Sebastian, spoke in favor of the people electing the Mayor, but objected to the ordinance as it now reads to begin in 1999 and questioned its logic. Harry Thomas, 654 Balboa Street, Sebastian, suggested that the charter be changed to eliminate reference to "Mayor" and add "Chairperson", and to reinforce the City Manager position and have it removed from serving at the pleasure of the City Council. Mayor Cartwright closed the public hearing at 7:27 p.m. Mr. Halloran said he preferred the Mayor elected by the Council, but would be willing to let the people decide; Mr. Taracka said many people said they would like to see the Mayor elected and the election to begin in 1998 rather than 1999; Mayor Cartwright said she was opposed to this ordinance and had been supportive of election by Council since 1993; and Mrs. Damp said she received comments to leave the election as is. MOTION by Damp/Cartwfight I move that we pull this ordinance O-96-31 and not have it on the ballot. The City Attorney said Council could change the date in the ordinance and this could be a first reading. Mr. Taracka said he had received input on changing the name "Mayor" to "Chairperson". ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - absent Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 4-O 6 Regular City Council Meeting November 20, 1996 Page Seven 96.127 Second Reading Public Heating_ and Final Adoption of Ordinance No. O~96-32 - Airport Leases - Forty_ Years - Proposed Charter Revision (O~96-32) ORDINANCE NO. 0-96-32 ~ AN ORDINANCE OF THE CITY OF SEBASTIAN, FLOR[DA, SCHEDULING AN ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO ARTICLE I OF THE CITY CHARTER WHICH PROVIDES FOR AN INCREASE IN THE MAXIMUM ALLOWABLE TERM FOR LEASES OF AIRPORT PROPERTY, FROM TWENTY (20) YEARS TO FORTY (40) YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDiNG THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTiNG THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS OF INDIAN' RIVER COUNTY, FLORIDA WITH A COPY OF THE PROPOSED ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDiNG FOR AN EFFECTIVE DATE. Mayor Cartwright opened the public hearing at 7:35 p.m., and the City Attorney read Ordinance No. 0-96-32 by title only. The City Manager gave a brief presentation and recommended approval. Mayor Cartwright closed the public hearing at 7:40 p.m. MOTION by Halloran/Taracka I move to approve the second hearing (reading) and final adoption of Ordinance No. 0-96-32. ROLL CALL: Mr. Barnes - absent Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARll~D 4-0 Regular City Council Meeting November 20, 1996 Page Eight 11. COMMITTEE REPORTS/RECOMMENDATIONS A. Planning and Zoning Commission 96.249 I. Interview - Recommendation to Reappoint Kelly Mather (Sole Applicant)to Three Year Term to Exnire 11/1/99 (Community Development Transmittal 11/13/9(j, Mather Annlication. P & Z Memo 11/8/96] City Council interviewed Kelly Mather. MOTION by Damp/Taracka I move to approve reappointment of Kelly Mather to the Planning and Zoning Commission to three year term to expire 11/1/99. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - absent MOTION CARRIED 4-0 12. OLD BUSINESS None. 13. NEW BUSrNESS 96.112 First Reading of Ordinance No. O-96~33 ~ Stormwater Utility - Set Public Hearing for 12/19/96 (Backun Forthcoming3 This item had been withdrawn during agenda modifications. Regular City Council Meeting November 20, 1996 Page Nine 96.234 B. Compensationto Golf Professionals for Golf Lessons at Sebastian Municipal Golf Course (City_ Manager Transmittal 1.1/14/96. Compilation of Hours and Lesson Revenues) The City Manager reiterated his recommendation to compensate the golf professionals for golf lessons in a 55 (City)/45 (Professionals) split. Chuck Neuberger, 357 Melrose Lane, Sebastian TAPE II - SIDE I (7:47 p.m.) recommended an increase in the golf professionals' salaries. The City Manager said he could not discuss salaries at this time but it would be fair to set up an incentive program. MOTION by Damp/Cartwright I move to approve the City Manager's recommendation with the change to the 45/55 salary less the taxes for social security. The City Manager said what he recommended was a "55/45 less the salary and the federal taxes". ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - absent Mrs. Damp - aye MOTION CARRIED 4-0 The City Manager said he would discuss the salary issue with the new Human Resources Director during his review of other salaries. Regular City Council Meeting November 20, 1996 Page Ten 14. Uniform Method of Collection of Non-Advalorem Assessments The City Manager requested Council to "authorize the staffto set a public heating for December 18 and advertise once weekly for the next four weeks in advance of that public heating for the adoption of a resolution which in essence would allow us to use the uniform method of collecting non-advalorem special assessments and we'd also ask authorization for the Mayor to execute an agreement between the City, the Tax Collector and the Property Appraiser which would allow that program to develop". MOTION by Cartwdght/Halloran So moved. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - absent Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 4-0 INTRODUCTION OF NEW BUSINESS FROM TH'E PUBLI~ Which is not otherwise on the agenda - limit of ten minutes for each speaker Herbert Sturm, 549 Saunders Street, Sebastian, distributed a code enforcement order and stated, in his opinion, the order is illegal as are other orders; expressed concern for the lack of a contract for the Code Enforcement Attorney, suggested a replacement be sought and asked Council to direct the City Attorney to look into actions of the Code Enforcement attorney. The City Attorney said it was inappropriate for Mr. Sturm to ask her to investigate the conduct of the Code Enforcement, rather, if City Council wanted an investigation, independent outside counsel should be sought for that purpose. She advised that the code be changed to have the City Attorney be the Code Enforcement counsel or that other counsel be sought. Mayor Cartwright said she believed that direction to draft an ordinance switching the roles of the attorneys had already been given. The City Attorney said she would draft an ordinance. 10 Regular City Council Meeting November 20, 1996 Page Eleven Tut Connolly, 149 Kildare Drive, Sebastian, objected to the City leasing the old utility building to the Sebastian River Area Historical Society with housing for the Chamber of Commerce at public expense; asked what happened to the old freight station building; and asked whether the use of non-advalorem taxes would reduce his tax dollars or the tax rate. The City Manager said if his property value increased, Mr. Connolly may pay more in tax dollars even if the tax rate was reduced. Mr. Connolly said he had requested from the City Manager the number of people paying the public utility tax and asked that it be rescinded. Discussion of the public utility tax took place. The City Manager said a 10 % utility tax is allowed under state law, however, in the City it is capped at $2.50. He said it goes into the general fund. and that at some time in the future he would like to have the City Attorney look into the legality of the imposed cap. 15. CiTY COUNCIL MATTERS A. Mr. Raymond Halloran Mr. Halloran read from a Today article regarding the Sebastian Historical Society and people giving back to the community. B. Mr. Richard Taracka None. C. Mayor Louise Cartwright Mayor Cartwright said she would not be in city hall tomorrow; announced the Santa Sail- In, Light Up Night, Winter Wonderland and encouraged participation; and wished everyone a happy Thanksgiving. D. Vice Mayor Walter Barnes Absent. 11 Regular City Council Meeting November 20, 1996 Page Twelve E. Mrs. Norma Damp Mrs. Damp announced a city employee appreciation night on December 20, 1996 sponsored by the Chamber of Commerce at Riverview Park. 16. Being no further business, Mayor Cartwright adjourned the Regular Meeting at 8:25 p.m. Approved at the ,1996, Regular City Council Meeting. Louise R. Cartwright Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 12 I City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Resolution No. R-96-91 Approved For Submittal By A~enda No. Dept. Origin: Finance Finance Directo(~~~ Date Submitted: 11/27/96 For Agenc~ of: 12/11/96 City Manager Exhibits: Resolution R-96-91 EXPENDITURE REQUIRED: $135,336 ~O~T B~~D: $0 A~PROPRLATION REQUIRED: $135,336 SUMMARY STATEMENT The City entered into an agreement with Indian River County to construct the Riverfront Waterline Project. The City initiated the procedure to impose a special assessment in the amount of $700,378 for the Project. The City retains the right to collect the revenue from the special assessment, but must pay the principal and interest on the loan to the Barnett Bank of the Treasure Coast. The City has developed a debt service fund budget containing actual revenues and expenditures for fiscal year 1996. RECOMMENDED ACTION Approve Resolution R-96-91 adopting a budget for the Riverfront Waterline Assessment Debt Service Fund for fiscal year 1996. I RESOLUTiON NO. R-96-91 n RESOLUTION OF THE CITY COUNCIL OF THE CITY OF i SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ESTABLISHING THE DEBT SERVICE FUND AMOUNTS 1 NECESSARY TO CARRY ON THE ACTIVITIES OF THE ESTIMATING RECEIP.TS FOR THE FISCAL YEAR, PRO .VIDING I FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, the City of Sebastian, Indian River County, Florida, entered into an agreement with Indian River County to construct the riverfront waterline project; and i WHEREAS, the City initiated the procedure to impose a special assessment in the i mount of $700,378 for the project; i WHEREAS, the City retains the fight to collect the revenue from the special I assessment, but must pay the principal and interest on the loan to the Barnett Bank of the Treasure Coast; and I WHEREAS, a Debt Service Fund budget has been developed containing actual I revenues and expenditures for fiscal year 1996; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE I CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORiDA, THAT: I Section 1. The Debt Service Fund budget for the Riverfront Waterline Assessment i Program for the Fiscal Year beginmng October 1, 1995 and ending September 30, 1996 a I copy of which is attached hereto and incorporated herein by this reference as Exhibit "A", is hereby adopted and the appropriations set out therein are hereby made to maintain I d carry on activities of the program. I Section 2. If any clause, section, or other part of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this Resolution. Section 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This Resolution shall become effective upon the date of adoption. Section 5. This Resolution was mox;ed for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise Cartwright Vice Mayor Walter Barnes Councilmember Norma Damp Councilmember Richard Taracka Councilmember Ray Halloran The Mayor thereupon declared this Resolution duly passed and adopted this __ day of , 199__. CITY OF SEBASTIAN, FLORIDA By: Louise Camvr/ght, Mayor ATTEST: Approved as to Form and Content: Kathryn M. O'Halloran, CMC/AAE City Clerk Valerie Fernandez Settles, City Attorney CITY OF SEBASTIAN DEBT SERVICE FUND REVENUE Miscellaneous TOTAL REVENUE EXPENDITURE Debt Service - Principal Debt Service - Interest TOTAL EXPENDITURE Fund Balance - Reserved for Debt Service TOTAL EXPENDITURE plus FUND BALANCE EXHIBIT "A" PROPOSED FY 95 - 96 135,336 $ 135,336 $ 112,691 $ 117,076 $ 18 260 $ 135,336 City of Sebastian, Florida Subject: Quit Claim Deed for Former Water Plant Site at Villages of Lake Delores to Indian River County Approye_.d for Submittal by: City Manager Agenda No. Department Origin: City Manager Date Submitted: December 3, 1996 For Agenda of December 11, 1996 E,,daibits: (i)Letter dated November 21,1996, from James D. Chastain, IRC Utilities; ~)Proposed Quit Claim Deed with Attached Exhibits; ®Copy of 1989 Agreement Between County and Nelson Hyatt with attachments; ~Warranty Deed Dated 1/18/190 from Nelson Hyatt to Indian River County; ®Copy of Memo from County Attorney to Bd. Of Co. Comm. Dated 3/23/93; ® Copy of County Commission lVlinutes (Minute Book 89 page 115) dated 3/9/93; ® Indian River Co, Property Appraiser Summary Screen Depicting Subject Property; ® Map Depicting Location Of Subject Property; ® Other Miscellaneous Items. EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION NONE REQLFIRED: N/A SUi~IARY STATEMENT This request is on behalf of Indian River County through the County's Utility Department. The purpose of the request is for the City to Quit Claim its interest in a piece of property that should have gone to the County during the County's acquisition of the City's Utility business. Initially, the County had acquired the property in an acquisition of the utility from Nelson Hyatt in an agreement dated July 11, 1989. The agreement provides for the return of the site to Nelson Hyatt when County no longer has a use of the property in its utility operation. The County then returned the Utility operation within Sebastian to the City approximately a year later. It was intended that when the City resumed utility operations from the County that it would honor the County's agreement with Nelson Hyatt to remm the water plant site to Mr. Hyatt. Subsequently, the County ag, reed to transfer the water plant site back to the City,. Approximately the same time, the County returned the waste water plant site to Nelson Hyatt. Since the water plant is no longer located on the property, the County. (once again the utility operator) has no need for the use of the site, and in keeping with their a~eement, would like to transfer it to Nelson Hyatt. To insure that there/riCo debate regarding ownership of the site, the County would like the City to quit claim any interest in the property, by the execution of the proposed quit claim deed. RECOMMENDED ACTION Inasmuch as the subject property has not been used bv the City since transferring utili .ty operations and ownership back to the County., the City has no claim c~r need for this site and it is recommended that the council move to authorize the Mayor to execute a Quit Claim Deed to the~g..__~ County as requested. BOARD OF CO UNTY COMMISSIONERS DEPARTMENT OF UTILITY SER VICE~e 1840 25th Street, Veto Beach, Florida 32960 Mr. Thomas W. Frame City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 S~CT: ~ P~ SI~ AT ~T.T~GES OF ~ DE~S, SEB~TI~ ROP~TY I.D. NO. 20 31 39 00000 7000 00007.1 Dear Mr. Frame: The County is re~esting a deed to the County from the City of Sebastian for the water plant site (description and map attached) ~r~t~or this .site to be returned to the original o~er (per Should you have any ~estions, please contact me at 770-5324. Sincerely, J~S D. C~STAIN Manager of Assessment Projects JDC: nr Enclosures (Copies of agreement between Nelson Hyatt and Indian River County and copy of Parcel I.D. with legal description from 1996 tax roll) cc: Terrance G. Pinto, Director of Utility Se~ices ( NSEBHYAT. JDC) & Quitclaim Deed' ~arcel ~ This QUITCLAIM DEED, executed this between day of , A.D. 1996, CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, whose address is: · GRANTOR, and NELSON HYATT, whose address is 12505 N. A1A, Vero ~each, FL 32963, GRANTEE, WITNESSETH : That GRANTOR, for and in consideration of the sum of TEN DOLLARS, and other good and valuable consideration, in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE's heirs and assigns forever, all the right, title, interest, claim, and demand which the said GRANTEE has in and to the following described parcel of land, lying and being in Indian River County, Florida, to-wit: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the said GRANTOR, either in law or equity, to the use, benefit, or behoof of the said GRANTEE forever. IN WITNESS WHEREOF, the said GRANTOR has signed and sealed these presents the day and year first above written. Attest: CITY OF SEBASTIAN, FLORIDA By Mayor City Clerk (SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was ackncwledged before me this day of , 1996, by and as Mayor and City Clerk, respectively, of the CiTY OF SEBASTIAN, FLORIDA, a municipal corporation existing under the laws of the State of Florida, on behalf of said municipal corporation. They are personally known to me. NOTARY PUBLIC sign printad name: Commission ~ ~qATER PLANT SITE LEGAL DESCRIPTION COMMENCE AT TIlE CEN'I'ERLINE INTERSECTION OF STRATTON AVENUE AND BRISTOl_ S]"REEI", AS SltOWN ON ltlE PLAT OF SEBASTIAN ttlGI'tLAN[)S UNIT 17, RECORDED IN PLAT BOOK 13, PAGE 46 OF TIlE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND RUN, ACCORDING TO TIlE SAID PLAT, S O0°29'01'' E ALONG TIlE CENTERLINE OF BRISTOL STREET :75.00 FEET TO A POINT. TI'IEN RUN EAST 25.00 FEET ~0 TIlE EAST LINE OF BRISTOL _ STREET AND THE BEGINNING OF A 1014.13-FOOT RADIUS CURVE CONCAVE TO THE NORTH. THEN RUN ALONG TIlE CURVE, TIIROUGlt A CENTRAL ANGLE OF 05':' 19' 59 ", AN ARC DISTANCE OF 9-1. I0 FEET TO A POINT OF BEGINNING. THEN RUN STILL ALONG THE SAID CURVE, THROUGH A CEI',,IFRAL ANGLE OF 07" 25' 55", AN ARC DISTANCE OF 131.54 FEEl' TO A POINT THEN RUN. COUNTY, S 00029'01"E 169 FEEl' 1'0 A POINT. TtlEN RUN WEST 1:30 FEET TO A POINT. THEN RUN N O0° 29'01"W 148.38 FEET TO TltE POINT OF BEGINNING. CONTAING 0.47 ACRES, LYING IN INDIA N RIVER FLORIDA. AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA, AND NELSON HYATT' RE: COUNTY TAKE-OVER OF UTILITY SYSTEM THIS AGREEMENT, made this 11th day of July , 1989, between i~DIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Veto Beach, FL 32960 (COUNTY) and NELSON HYATT (SELLER), whose address is 12505 North A-l-A, Veto Beach, FL 32963 WI TNESSETH : WHEREAS, SELLER is the owner of a water and wastewater utility system servlcln9 a portion of the City of Sebastian; and WHEREAS, COUNTY .has embarked on a program of providing quality water and wastewater service to as much of Indian River County as Is financially ~ds~ble; and WHEREAS, as part of this program, the COUNTY has approached SELLER concerning purchasing his utility system; and WHEREAS, SELLER has agreed to this purchase by COUNTY, provided that he will have five years in which to finish hls development, without paying Impact fees, and for those units sold before the end of the five-year period, impact fees will have to be paid only as those units are resold; and WHEREAS, SELLER would like to receive a return of his initial capital Investment of some $777,000 used to construct the utility; and WHEREAS, the COUNTY agrees to this, provided that only the customers In the service area of SYSTEM at the date of this agreement shall be charged for this expense, NOW, THEREFORE, for and In consideration of the mutual covenants contained herein as well as other good and valuable consideration, the COUNTY and SELLER agree as follows: 1, EXHIBITS TO BE PART OF THIS AGREEMENT: Attached to this agreement are certain exhibits which shall be considered to be Integral parts of this agreement as much as if they were written In this agreement. This list of exhibits is as follows: Exhibit "A" - Description of all personal property, customer deposits, and fixtures Included tn sale o f SYSTEM. Exhibit "B" - Legal description of real property (PROPERTY) to be sold to COUNTY. Exhibit "C" - Description of all easements to be transferred to COUNTY. Exhibit "D" - Service area of utility SYSTEM. 2. DEFINITIONS: ' , A. SYSTEM - For convenience, the term "SYSTEM" shall be used to designate the assets, business properties, and rights which SELLER owns or In which it has a legal Interest, but not Including the "excluded assets," which are being purchased by COUNTY and which Include the following: (I) The items of Inventory described In Exhibit "A." {2) The real estate owned by SELLER ""and all bulldln s described In Exhibit B ' g and Improvements owned by SELLER located thereon. SELLER shall transfer or cause to be transferred fee simple title to all of said real property necessary to the SYSTEM. (3} All easements, licenses, rights of way, and consents owned by SELLER for the construction, operation, and maintenance of the SYSTEM, including the easements specifically set forth on Exhibit "C," (q) All water and wastewater plants, lines and facilities of every kind and description whatsoever, including collectlon mains, transmission mains, effluent distribution pipes, lift stations or facilities, valves, service connections, and all other physical facilities and property installations In use In connection with the SYSTEM. (5) All of SELLER's rights of every character whatsoever and all certificates, InTnunltles, privileges, permits, licenses, easements, consents, grants, ordinances, leaseholds, and rights of way, and all rights to construct, maintain, and operate plants and systems for the collection of sewage and promises of water and every right of every character whatever In connection therewith; and all renewals, extensions, additions, or modifications of any of the foregoing; (6) Copies of all past and current customer records, books, prints, plans, engineering reports, surveys, specifications, shop ~rawlng:, equipment manuals and other Information required by COUNTY which are in possession of SELLER or its agents on the closing date pertaining to the operation of the system. [7) ^ set of record drawings, Including as-built drawings, if available, showing all facilities of the utility system, Including structural, mechanical, and electrical details. Such drawings shall also Include any original tracing, sepias, or other reproducible material where same Is in possession of SELLER. B. EXCLUDED ASSETS - Cash or bank accounts of SELLER which are SELLER's sole property and which are not subject to refund to customers or which have no application to' specific purposes or uses of the SYSTEM. q. RICHT OF FIRST REFUSAL: COUNTY' agrees to deed the real property described on Exhibit "B" to SELLER when the COUNTY no longer uses the property In Its utility operation or at the end of ten years from the date of this agreement, whichever comes first; provided that If at the end of ten years the COUNTY still needs the property, the COUNTY shall pay the fair market value of the property to SELLER, and SELLER shall have no further claim against the property. 5. WARRANTY OF TITLE; IIOLD HARMLESS: SELLER shall warrant title to all the real'and personal property In SYSTEM and shall hold the COUNTY harmless from any and all claims for damages from third parties, and In particular for any claims from LAKE DELORES UTILITIES AND CABLE TELEVISION SYSTEMS, INC. 6, IMPACT FEES: After five years from the date of this agreement SELLER shall be obligated to pay impact fees to the COUNTY, at the rate then current, for each unit which thereafter requires a Certificate of Occupancy. Units which have had a Certificate of Occupancy Issued to them before five years from the date of this agreement must have an Impact fee paid when that unit is resold, without regard to the five-year SELLER's g~ace period. At closings on such sales, SELLER or successor in title shall collect the Impact fee and remit It to COUNTY. 7. SURCHARGE ON RATES: CuuNFY shall establish a surcharge on water and wastewater, rates for customers 'In the service area as shown on Exhibit "D." The surcharge shall be collected by the COUNTY for ten years only or until $777,000.00 has been paid, whichever comes first, and funds so collected shall be remitted quarterly to SELLER. SELLER agrees that'the funds so remitted shall be full satisfaction for SELLER's right to be reimbursed for its equity In the SYSTEM. The COUNTY surcharge shall be $10 per ERU (equivalent residential unit). 8. CLOSING DATE: The closln9 shall take place on or before August I, 1989. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first set forth above. Attest Clerk to'the Board. BOARD OF COUNTY CCM~ISS1ONERS INDIAN RIVER COUNTY, FLORIDA --'C~'~F~=~:. Whee I er ..... Cha~frman {SEAL) Attachments: Exhibits "A," "B," "C," and RE: NELSON HYATT WATER AND SEWER,' UTILITIES EX]{IBIT A 1. No inventory is included with the purchase. ;" ~ ' ~ DOCUMENTARY STAMPS t , ~-~ ~, ~ om~,  ~ ~ d INDIAN RIVER COUNTY ViIO IIACH, KOIIOA NELSON HYATT, a/k/a NELSON C. HYATT,' al the Coun~ al Indian River , 5ta~e of Florida , gran~o,', and COUNTY, a political subdivision of the State of Florida, INDIAN RIVER who,e pos~ offic, add,es, i, 1840 25th Street, Veto Beach, Florida 32960, o{ fl,e Cou.~ of Indian River . S~me ~{ Florida , granfee'. · iln~ee~l~, Tho, ~id grantor, foe and in consideration o{ the sum o~ ~c~n~,~a?a: ,as granted, bargained and sold to Ihe sa d grantee, gnd grantee's heirs and assi ns iorever Ih aescr,aca san~, sduate, lying and beina in ~ ..... ~, .~ . ... · fallow,n hose two ~arcels of land as particularly described in ~xhibit A a~tached hereto. Subject to easements, restrictions and reservations of record and taxes and assessments subsequent to December 31, 1989. This Deed is being given by Grantor to Grantee pursuant to that certain Agreement by and between the parties hereto dated July 11, 1989, pertain- lng to the County takeover of the utility system, and is further being ~i?en upon .the specif~f condition to.rained i.. Paragraph 4 entitled Rzght of F~rst Refusal , where~n the Grantee obligated itself to recon- vey said property described in Exhibit A hereto at such time as said property is no longer being used by Grantee in its utility operation or at the end of ten (10) years from the date of said Agreement, which- ever first occurs. If after the expiration of said ten-year period, the Grantee still requires the use of said property, Grantee shall, at that time, pay ~o Grantor the fair market value for said property. · *'G~antoz" and "grahlee" are used ~0~ ~imgular or pJu~al, a~ (onlext req~Jzes, STAT~ OF FLORIDA ~F.3~ ' COUNTY OF INDIAN RIVER QOuOi~ I H~REBY CERTIFY Ihal on this day beJorm me. an officer duly qualified Io ta~e ocknowledgmenls, personally a~eored Io me known to be the person described in and who eseculed Ihe forego~n9 ;nslrumeflt and acknowledged before me Ihai WITNESS my hand and ~fficiat ~eal in lhe Counly and Sl~.alme~aJd Ibis ~8~N day of My cammissio, expires, ' , ",.' ," /~ ~ a ' Notary NOTARYPU~LIC, STATEO~FLORDA. ' '':' " ' ~ ~ I ~ ' {{ Voro ~;a~h. Flor;da WATER PLANT SITE LEGAL DESCRIPTION COMMENCE AT THE CENTERLINE INTERSECTION OF STRATTON AVENUE AND BRISTOL STREET, AS SHOWN ON THE PLAT OF SEBASTIAN HIGHLANDS UNIT I?, RECORDED IN PLAT BOOK 8, PAGE 46 OF THE PUBLIC RECORDS OF iNDIAN RIVER COUNTY, FLORIDA, AND RUN, ACCORDING TO THE SAID PLAT, 3'00°29'01'' E ALONG THE CENTERLINE OF BRISTOL STREET 25.00 FEET TO A POINT. THEN RUN EAST 25.00 FEET l:O THE EAST LINE OF BRISTOL _ STREET AND THE BEGINNING OF A 1014.15-FOOT RADIUS CURVE CONCAVE TO THE NORTH. THEN RUN ALONG THE CURVE, THROUGH A CENTRAL ANGLE OF 05°19'59" AN ARC DISTANCE OF 94.10 FEET TO A POINT OF BEGINI~ING. ' THEN RUN STILL ALONG THE SAID CURVE, THROUGH A CENTRAL ANGLE OF 07°25'55'', AN ARC DISTANCE OF 131.54 FEET . TO A POINT. THEN RUN $ 00°29'01"E 169.FEET TO A POINT. THEN RUN WEST 130 FEET TO A POINT. THEN RUN N 00`` 29' 01"W 148.58 FEET TO THE POINT OF BEGINNING. CONTAING 0.47 ACRES, LYING IN iNDIAN RIVER COUNTY, FLORIDA. · WASTE WATER PLANT SITE LEGAL DESCRIPTION COMMENCE AT THE NE CORNER OF THE NW I/4 OF THE SE I/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST AND RUN' S 0`` 45' 33" E ALONG THE EAST LiNE OF THE AFORESAID 40- ACRE TRACT A DISTANCE OF 211.99 FEET TO THE POINT OF BEGINNING THEN RUN S 89`` 09'47" E A DISTANCE OF 108.90 FEET TO THE WEST LINE OF THE FLORIDA EAST COAST RAILWAY (100 FEET WIDE). FHEN RUN ALONG THE WEST RIGHT-OF- WAY, S 26" 00'1;>''E A DISTANCE OF 659.37 FEET TO A POINT LYING N 26``00' 12" E 12 FEET FROM THE CENTER OF PAVEMENT OF AN UNDEDICATED ROAD. THEN RUN S 89" 14'27"W A DISTANCE OF 390.07 FEET TO THE AFORE- MENTIONED 40-ACRE LINE. THEN RUN N 0``45'~5"W ALONG THE SAID 40-ACRE LINE A DISTANCE OF .599.45 FEET TO THE POINT OF BEGINNING. CONTAINING ~.419 ACRES AND LYING IN INDIAN RIVER COUNTY, FLORIDA. 'O c-~ · $EA-1$SiNo~th':County Sewers (Deeds2) -;AL(Vb)TP THIS CRANT OF EASEMENT, made and executed this _L~.th day of 3uno ,' A.D. 1989, by NELSON C, HYATt, whose. Post Office address Is 12505 N. A-I-A Veto Beach, FL: 32963:·hereinafter called CRANTOR, INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 18q0 25tll Street, Vero Beach, FL 32960, hereinafter called GRANTEE'; (***Whenever used herein, the terms GRANTOR and GRANTEE Include all the parties to this Instrument and their heirs, legal representatives~ successors, and assigns.) WlTNESSETH:. That.Grantor for and.-in consideration of the sum of:.TEN DoLLARs and other valuable consideration, receipt of which Is hereby acknowledged by these presents does grant, bargain, sell, allen, remiss, release, convey, and confirm unto the Grantee, a perpetual :easement of [0 ~ feet In wldth;.for utllltles'0ver, across, and beneath~t-Tie following described land, situate in Indian River County, Florida, to-wit; EXHIBIT #AN ATTACHED HERETO .aJ~D MADE A PART HEREOF and EXIIZBIT "A-l' ATTACHED HERETO AND I~IADE A PART HEREOF AND Granter hereby covenants with said Grantee that the Grantor Is lawfully seized of sald...servlent land In faa simple, and that'the Grantor has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful" claims of all persons whomsoever. ,..,~. IN WITNESS WHEREOF, the Grantor'has hereunto set Grantor~s hand and seal the dry'and year first above written. S igned,,,1 sealed· and de~ ~v/r'ed ~.n the p~/.~f~c · of. STATE OF FLOR I DA COUNTY OF IND lAN RIVER SWORN TO and subscribed .before me by NELSON C. HYATT, on this 15th day of June , 1989. My Conmlsslon Expires: NOTAblY PUBLIC, STATE OF FLORID~ COMMISSION EXPIRES: DEC, 14. figS, Parce! SEA #85 - North County Sewer Easement EXHiBiT A A 10 foot non-exclusive utility easement from the west right-of-way of U. S. Highway No. 1 running in a westerly direction within the 80 foot right-o{-way of Stratton Avenue on the northerly side the=eof, to h.e located within a 10 foot area from the existing" pavement extending to the existing sewer plant end from there to. the existing 1i£t station, the said Stratton Avenue traversing the real property escribed in Exhibit A-1. I I ~ I I I I I I I I I I I I i I I I i U.3, Ili9hvay Il end the nazth line o~ the':, mouth 550 ~4et ~;ovarnment Lot 13, section 21, TovnlhJp 3Z"'louth, Range 39 line, 108,00 ~let to th~.'P~Lnt of aegLnnLng~'.'thencs S 83'S2 ~, 196.00 feet/ thence g B5'16~05~.; H, 111.45 feetl thence ' 6'17°3~' ~, 180.4S ~eatl thence S.,'89'56'52',W. 378,28 feet; ' ~ ce 5 85'07'10" M, 104.20'~aet, thence 8 63~7*50' M, 357,T9 ~ l , 4 rodluo of 370 feet, an arc Xength o~ 413.06 teat; thencn *X7'2~' ~, 400 ~eetJ thence along o ~u~e to the rLgh~ hevLng etta or 70'00% a tedium :~ 280,00 ree~, afl' o~ length of ,Os rea~ th~flce 8 69"42'3'30 ~, 9~,gO ffla~; thence N 20'17'27' 40,00 reo~ to the temi'nua of .a~d centeFl{ne. Subject to , . eaaementm and rights of v4y Of record,' ' I ~,,,~, I ~'J~' ~ X ~ .... ' I I' I .........' , , .~ ~'s~'~.- I / ~E'~ VW~ - ' ~ 1~ ~&~ 7"' , ' '~' ~" ~+.' ': ~ k~ ~1~ ', , I~l ~:" <""..7~. .: X X~,X ~l~ .,' · · , - .................... ~ / ~,.~- ~o~- ~ ~. ~ --s,~-,:'"~,~ ~',,,~,,-. ~ ~XHIIBIT a.'~ .~--- POST O~C/ BOX 1045 1/4, 5ectLo. 20,.To~.shlp 31 ~outh, Rang~ 39 The Southeast i~4' o~ the SoUtheast 1/4, 8eetlon 20, To-nqhlp 3~.."South,-. Range 39 East, bE~9 that port/on ~ylng East o~ the Florida gao~ Co=st right-off-way,. 1/4 m~d the Hortheaat 1']4 ag the ~outhea=~ ~/4 the Nortlmest 1/4' o~ Section 29, Town~hlp 31 8outh, h. Begtnq~=.ng et a polnt":~;25 ~eet Eas~ o~ tile North- ~est corner sE the Southeast X/4 sE the flo~th~eet J/4 oE 6e~:[tan 29;. To~nellJp 3i'8outh, Range 39 East, Nes~ 47 ~ee~, thence Hocth 150 gem~ to Um B. Beglmtltlg at a point 72 fee~ Bast of the 1/4 oE Sect/on 29',' To~n.~:Lp 31 South, Range 39 East, Hast 100 gust, thence North 150 [est to Po&hr Beginning. " C. Deglnn:l:ng at e'point:"·25 I~eet East sE Southwe-qt corner of;Southeast 1/4 ~ go=thwest A/4 sE Sect,s, 29, ToNnali:Jp 31 South~ "Range 3g Bast, 50 feet the,ce East log feet; thence South 50 feet, thence Nest:X00 feet to Point se Beg{nn~ng. LBS8 road Pacce~ 4 ~ ': The Neg~ 1/72 o~ the No=tlleas~ 1/4, Section 29, l'o~n- ship 31 5ou~h, Range 39 l'arcel 5 ~ That pact 'oS the NB I/4'"oE 5g 1/4 sE 8teflon 20, 'rownslllp 31 South, Range'. 39 gaa~, lying ~est sE the ~est r!ght-oE-way sE ~[ottda Bast Coast Rail:sad, L~SS AND EXCEPT th& ~ollowlng t~o parcels sE land~ A. The HooCh 6.5 acres sE the NB 1/4 1/4. . g. The 8oU.'th ~5O feet thereof, The Northeast 1/4 of the Southeast 1/4 oE Sect/on 20, Township 31 South, Range 39 East, lnd£an River County, Floctda, LESS and EXCEPT the f~!lo~tngt 1. The North 6.5 acres thereof; ~ 2. The South 1§0 feet lying West of the FEC right-of-way; 3. The South 550 feet lying East of the FEC right-of-way! 4. Night-of-way for U. S. Highway !1 and FEC Railroad. That pert se the Northwest 1/4 of the Southwest 1/4 of Section 21, Township 31 South. Range 39 East, lying West of U. S. Ilighway ~f! r/gilt-of-way, less tile South 550 feet thereof. EXIIiBIT A-i L£nj~t. O£$CRIP?iO~ The property is legally described ~s Parcel I - The Sou~h 3/4 of th~ So~th~e~t 1/4 of the ~outhea~ ~tlon 20~ ~o~n~h~p 31 South, Range 39 Parcel 2 - That pa~L 'o[ the Southeast ]/4 o~ the ~outheast ~20, Township 31 ~outh, Range 39 gnat, lying West o~ Lhe florida Eaat Coast Railway ~ight-o~-way. Parcel ] - T[~e Hest 1/4 of the ~outheast 1/4 of the ~~the I.a~theast 1/4 of the Southeast 1/4 of the Northwes~ 1/4 of Section 2~, Township 31 ~OULh, Rar~ge 35 ~ast, except the follc.-'in9 2 ~.a~c:la,of land: 1. beginning at a point 25 feet ea~: of the Niff Cozne~ of the SE 1/4 el the m~ l/l o~ Sec 2~-3t-3~, ~un ease 147 leet~ South IS0 leer, thence west 147 feet~ thence nozth 150 feet point el beginning; and 2. Beginning at a point 25 faa: east o[ the 5t~ coEne~ of SE o~ NH 1/t o~ Sec 29-31-39, ~un ~Eth 50 fee[, thence ~a~c fee:, thence south 50 ~eet~ thence ~est lO0 feet to the poi~: beginning; less load cight~of-vay. Pazce[.~ - The ~est ~/2 of the Northeast ~/4~ Section 2~, Township 31 South, Range 39 East. Said prope~c~ lying arid being la Indian Rive~ County,. rlocida. ~XII~'? '*A~ RECCJRO VEI-]IFIED JEFFREY K i!Ah'i'OH CLERK CIRt~tHT OOUI] I' IHI.IIAH RIVSP, 0:). DOCUMENTARY STAMPS $ · ~'_t~ JEFFREY K. BARTON, CLERK iNDiAN fllVER COUNTY (STATUI'OIrf FOliO-SECTION 680.0~ This instrument was prepared by: FRED T. GALLAGHER P,O, Bea~ 19OO Villa ilACli, FLQU, IDA 3~961-19~ [~jll ]tl~lt*tllllrr, Mode thh 18 th day of January, 1990 NELSON IIYATT, a/k/a NELSON C. HYATT, of the County of Indian River , 5tote of Florida . grantor", and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whase posl office addr,ss ;s 1840 25th Street, Vero Beach, Florida 32960, of the County of Ipdian River . State of Florida , grantee'. ~lJltlreet'flT, Thai said grantor, for and in consideration of the sum of · -Ten and no/100 Dollars, and olher goad and valuable considerations fo mid grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold lo the said grantee, and granlee's hei,s and assigns forever, lhe following described land, siluale, lying and being in (--aunty, Florida. Io-wlf: Those two parcels of land as particularly described in Exhibit A attached hereto. Subject to easements, restrictions and reservations of record and taxes and assessments subsequent to December 31, 1989. This Deed is being given by Grantor to Grantee pursuant to that certain Agreement by and between the parties hereto dated July 11, 1989, pertain- lng to the Cot,nty takeover of the utility system, and is further being given upon the specific condition contained in Paragraph 4 entitled "Right of First Refusal", wherein the Grantee obligated itself to recon- vey said property described in Exhibit A hereto at such time as said property is no longer being used b~ Grantee in its utility operation or at the end of ten (10) years from the date of said Agreement, which- ever first occurs. If after the expiration of said ten-year period, the Grantee still requires the use of said property, Grantee shall, at that time, pay to Grantor the fair market value for said property. and said grantor does hereby fully warrant the lille la said land, and will delend the same against the lawful claims al oll persor, s whomsoever. ~' "Grantor" and "graZier" are used /or singular or plural, os conlext requ.~et. ]" ~ea ~ll.r~nC' a,..,o, hat hereunto set gtan~ hand and seal Ihe day o~ year first above ~6ften. ~ ' ~ (Seal) ,', ,' ' "~'~' r: - (Seat) .... ........ STATE OF ~OR~DA ~:'.~ P- COUNIY OF INDIAN RIVER C0ui~t7 I ItEREBY CERnFY thai o. this day beiore me, on oil)car duly quolilJed to lake acknowledgments, per~onally appea,ed Io me ~nawn Io be Ihe person de~cribed in and who execuled ~he foregoing insl~umen/ and acknowledged before me Ihat he e~eculed lhe same. WITNESS my hand and eificlol seal in Ihe County and S~. NQTARy PU3LIC, STATE OF F[OmDA. ". . r,lY CO;d~41~SIQN EXPINES: DEC, 14. 199Z. ; ' ' ' "~ · ~ ~' ~-; '" ; I;;;::,%H EI','E;I t"'",' " -.'.. -- 12:0 .Q , WATER PLANT SITE I LEGAL DES~R IPTION_ COMMENCE AT THE cENTE~LINE INT~-RSECTION OF i STRATTO" AVENUE AND BRISTOL STREET. AS StIOWN ON PLAT OF SEBAST,AN H'GHLANDS UN,T ~?, REcoRDED PLAT BO0~ B, PAGE 46 OF THE PUB,-,C RECORDS OF ,ND,AN RIVER COUNTY, FLORIDA, AND RUN, ACCORDING TO TIlE I SAID PLAT, S 00°29'0[" E ALONG THE CENTERLINE OF BRISTOL STREET 25.00 FEET TO A POINT. THEN RUN EAST 25.00 FEET '~0 TIlE EAST LINE OF BRISTOL. STREET AND THE BEGINNING OF A ~OI4.13-FOOT RADIUS I CURVE CONCAVE TO THE NORTlt. THEN RUN ALONG THE CURVE, THROUGH A CENTRAL' ANGLE OF O§° 19°59'', AN ARC DISTANCE OF 94.10 FEET TO A POINT OF BEGINNING. 'THEN RUN STILL ALON,G Ir,HE SAID CURVE, THROUGH A CENTRAL I ANGLE OF 07°2§ §§ , AN ARC DISTANCE OF I3[.54 FEET TO A POINT THEN RUN S 00°29'01"E 169,FEET TO A POINT. TllEN .UN I ~EST I~O FEET TO A POINT. THEN RUN N O0°29'01"W 148 $ .... · ~ r~mT TO THE POINT OF BEGINNING. CONTAING 0.47 ACRES, LYING IN INOIAN RIVER i COUNTY, FLORIDA, _ I , . WASTE WATER PLANT SITE ' ' LEGAL 'DESCRIPTION I COMMENCE AT THE NE CORNER OF THE NW I/4 OF THE SE I/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST AND RUN' S 0° 45' 33" E ALONG THE EAST LINE OF THE AFORESAID 40' ACRE TRACT A DISTANCE OF 211.99 FEET TO THE POINT OF BEGINNING THEN RUN S 89°'09' 47"E A DISTANCE OF 108.90 FEET TO THE WEST LINE I OF THE FLORIDA EAST COAST RAILWAY ~(lO0, F,,EET WIDE). YHEN RUN ALONG THE ~EST RIGHT-OF-WAY, S 26 O0 12 E A DISTANCE OF 659.37 FEET TO A POINT LYING N 26°00' 12" E 12 i FEET FROM THE CENTER OF PAVEMENT OF AN UNDEDICATED ROAD. THEN RUN S B9° 14'27"W A DISTANCE OF 390.07 FEET TO THE AFORE- MENTIONED 40-ACRE LINE. m THEN RUN N 0°45'33''W ALONG THE SAID 40-ACRE LINE A DISTANCE OF 599.43 FEET TO THE POINT OF BEGINNING, CONTAINING 3.419 ACRES AND LYING IN INDIAN RIVER COUNTY, FLORIOA. i I F~Xli~BIT' A I lr RC~ t and IMf f=i.ohLll ~ ~Chile ~n 3~12~ 1989~ ~he County agreed ~o return ~he real ~Y us~ An bhe u~l~ty o~ra~on when ~he County no longer ul~ Lb of ah the end o~ ten years, ~h~chever c~e fLFs~. and hal conn~ ~he ~atk ~o the county vaat~a~er sylt~. The Depl~nt lo.~ ~i .o longer uli.g ~he vast~ater plan~ efta and has no ~J~tion ~o itl ~etu~n to Wellon ~ya~, the ~ne= of Pa~k Place HobLli H~ Park. ~]tCOJ44J~ATi~t Au~hor£ta the Chairman to execute the attached county ~ to the wal~ewater treatment plant a£ta. ON MOTION by commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimoual¥ approved and authorized the Chairman to execute the Quitclaim Deed for th% WAstewater Treatment Plant Site at Park Place Mobfle Home park to Nelson )Jyatt, as recommended by Btaff. SAID DEED RECORDED IN T~E PUBLIC RECORDS OF INDIAN RIVER COUNTY p_~__Apnual Financial ~enort The ~oard reviewed memo ~atkins date~ March 15, 199~: MAR 3 1993 from Finance Director Richard E. 19 IN~JR-OFFIC~ ~hen Tndlln Rl~lr C~ty beoile the utility PrOTlder £or 2he City o2 Sebastian, the ~. ~ the ~er ~ ~rltor o2 A~rox~tel~ ~e ~'~ the ~nty ~ 2hi C~y ag~M to retu~ ac~T~t~el ~ hhe 0~, ~or ~e ~. Ah the end o~ that one ~, on ~t ~ the ~ nChor~ze the ~a~n to execute the cPv/lk Attachments A~roved for Consent A~iflda ncc Nesting - April 6, 1993 County &ttccnay I .',~.GAL INDIAN RIVER COUNTY PROPERTY APPRAISER SUMMARY SCREEN 1/2o/96 20313900000700000007.1 NAME CITY OF SEBASTIAN, 1225 MAIN ST ADDR1  M AT CL INTERSECTION OF STRATTON AVE & ADDR2 STOL ST AS SHOWN ON PLAT OF SEB HIGH- ADDR3 DS UNIT 17 PBi 8-46 & RUN ACCORDING CITY SEBASTIAN ST. FL SALES 2===> SALE CD 01 BOOK 00859 PAGE 01327 DATE 03 1990 PRICE 100 i 1===> SALE CD 01 BOOK 00979 PAGE 00460 DATE 06 1993 PRICE 100 ~LUES LAND 7990 BLDG MISC TOTAL 7990 D ACRES .47 FRNTAGE 000000.00 DEPTH .00 TYPE A iMP PUSE 8900 STYLE BASE ADJ YRBLT :~0 31 39 00000 7000 00007.0 2 VILLAGES OF LAI~: DOLORES IN(: JUST 339.150 ,-004001-03"" 1001 N ~91E~ OR ~AS~ PUSE - 2800 19,27 A~S ~ASTIAN. ~ 32958 ~O I ~RVHT BK 892 PG ~94 DAT~ 04191 ~.~5~,100 D~ ASSESS S 314 OF ~114 OF SEII~. ~SS P~C DESC TAX~ AS FOLL: CON AT T~ ~ INT~I~ ~ STRATTON AVE ~ BRISTOL ST AS SHO~ ON PLAT OF SEB Hi~S ~IT 17 PSI 8-4& & RUN ACC~DI~ TO SMD P~T S O0 OEO 29 HiN OI SEC E ALO~ ~ ~ BRIST~ ST 25 FT TO k PT, TH E 25 FT TO E LI~ ~ BRISTOL ST $ BEG OF A 1014.13 FT RADIU~ CUR~ CO~XVE TO N, TH ALONG ~ T~U A CENTRAL AN~ ~ 05 OEO i9 HIN 59 SEC AH ARC OIST OF 94.10 FT TO POB= TH STILL ALONG SAID ~R~ T~U k ~HTRAL AN~ ~ 07 OEO 28 HIN 55 SEC AN ARC DIST OF 131. 145.560 193.590 4.2999 ~ FU 1.458.31 339.1S0 2.3129 EHG SV 784.42 339.150 6.4740 $CH ST 2. lBS.&& 2,6350 SCH LO 893.66 &.9000 ~gAST 2.340.14 .4820 ST J0H 163.47 .1024 SEB IN 34.7] . 2678 HO$OU I 90.83 .8119 HOSP H 275.38 ,03e0 FL INL 12.89 .0428 HOSPT$ 14.53 · 2897 LAND B 98,25 .3280 SCM 91 111,24 · 8820 $CH 93 299.13 LF 828.57 S4 FT TO A PT. TH S O0 OEO 29 HiN OI SEC TOTAL E 169 FT TO A PT. TH ¼ 130 FT TO A PT, TH N O0 OEO 29 NIH OI SEC ¼ 148.38 PT TO POB. A/K/A XATER PLANT SITE. LESS DESC IN OR BK 1045 PG 0888 FOR PARK PLAC£ HHP 20 31 39 00000 7000 O000T, l 2 CITY OF SEBASTIAN JUST PUSE ' 8900 .47 ACRES BK 979 PO 460 DATE 06/93 $100 CON AT CL iNTERSECTION OF STRATTON AVE & BRISTOL ST AS SHONN ON PLAT OF S~B HIGH- LANDS UNIT 17 POI 8-4& & RUN ACCORDING TO SAID PLAT 8 O0 OEO 29 HIN Ol SEC E ALONG GL OF BRISTOL ST 25 FT TO A PT, TN g 25 FT TO E LINE OF BRISTOL ST t BEG OF A 1014.13 FT RADIUS b'~qtVE CONCAVE TO N. TH ALONG CURVE. TI'~U A C1~TRAL ANGLE OF OS DEC 19 HIN S9 SEC, AN ARC DIST OF 94,10 FT TO PO8: TH STILL ALONG SAID CURVE. TFFRU A CENTRAL ANGLE: OF 07 OEO 35 HIN 55 SEC AN ARC DIST OF 131.54 FT TO PT. TH S O0 OEO 29 NIN OI SEC E 169 FT TO A PT. TH X 130 FT TO A PT. TH N O0 DEC 29 HIN 01 SEC X 148.38 PT TO POB. 1225 HAIN ST SEBASTIAN. FL 32966 CLASS LAND I ~ RVHT OF.1:1~ ASSESS 66 PUBL t C TAXABI ~. 7,990 4.2999 ~ FU 7,990 ~.3129 EHG SV 7.990 6.4740 S~-q4 ST 2,6350 SCa LO 6.9000 SE. BAST .4920 ST JOH .1024 SEB IN .2679 NOSQUI ,8119 HOSP N .0360 FL INL .0426 NOSPT5 .2897 LANO B .3290 SCa 91 .8820 SCa 93 TOTAL A/KiA XATE~ PLANT SITE .......................... SE PHOTO REF. 7-26 INFORMATIONAL PLAT - NOT A SURVEY BIMINI CIRCLE TR~SURK ANDROS LN. SECT ION 20 SEC 20--~1.$-..3gE LIITi CIRCL~ '~o,oo (~ TOWNSHIP 31S ', RA al i I City of Sebastian, Florida Subject: Modified Sovereign Submerged Lands Easement from the Board of the Internal Improvement Trust Fund of the State of Florida. Approved for Submittal by: City Manager Agenda No. Department Origin: City, Manager Date Submitted: December 3, 1996 For Agenda of December I 1, 1996 Exhibits: 1. Letter dated 11-22-96 from Troy Rice with the St. Johns River Water Management District; 2. Letter dated 11-18-96 from Cher King with Department of Environmental Protection; 3. Proposed Modified Lease; 4. Map of Project Site; 5. Revised Legal Description of Experimental Oyster Bar Wave Break: 6. Cross Sections of Project. EXPENDITURE REQUIR]ED: AMOUNT BUDGETED: N/A APPROPRIATION NONE ~QI.JIRED: N/A SUMMARY STATEMENT The attached modified lease agreement is necessitated by wave break which was constructed in front of Riverview Park as part of the shoreline stabilization project in the auspices of SWIM. Apparently, the original scheme called for the wave break to be built in a straight line. The actual construction was built with alternating sections being staggered as opposed to being in a straight line. The Department of Environmental Regulation advised the Water management District that the installation was not in compliance with the original lease, and thus the need for the modified lease. RECO~LMENDED ACTION Move to authorize the Mayor to execute the acceptance of the modified lease as requested by the Florida Department of Environmental Protection. WATER MANAGEMENT I'II~'RICT November 22, 1996 Thomas Frame City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Frame, Henry Dean, Executive Director John ~, Wehle, A~isfant Executive Director Charles 1'. Myers Iff, Depu~/A~sisfant Executive Director POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 TELEPHONIC: 904/329-4500 SUNCOM 904/860-4500 TDD 904/329-4450 TDD SUNCOM 8604450 i:AX ~DC~'UT~E/LE~A~ 329-4125 (PERMI'rFING) 329~4315 (ADMiNISTrATION/FINANCE) 329..4.50~ FIELD DrATION B18 E. Soultt Stn~,~ 7775 Baym®a~ows Way PERMITTING; OPERATIONS; OtLN'~o, ~ 32801 Suiti 1132 305 East Cir;~, 2133 N. Wic~ham Road 407/~1~7.4,'300 Jacksonville, FIodda 32256 Mebourne. Florida 32904 Metmurne, Florida 32935-810g I'D0 401/897-&9~,0 904/7'30-~270 407/984~407/254-1 762. TOO 904/TS0-Tr~)O - 12CI3 The Department of Environmental Protection forwarded the attached modified easement instrument to our office for execution. Please obtain Mayor Cartwright's notarized signature with two witnesses and return the instrument to Ms. Cher King, at FDEP Tallahassee in accordance with her cover letter. Thank you for your assistance. If you have any questions please feel free to contact the Indian River Lagoon Program Office at 1-800-226-3747. Sincerely, Troy Rice Projects Administrator ~atdcia T, Harden,c~mw~ SANFORD Kathy Chinoy JACKSONVILLE William Segal,vlcE C~RM~N Dan Roach, TRF-ASURER Otis Mason, SECRETARY MA]TL~N0 FER~01NA B~CH ST AUGUSTINE Griffin A. Greene James H, Wiqiams Reid Hughes James T. S~nn VERO B~CH OCA~ 0A~O~ ~CH COCOA I Lawton Chiles Governor Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 November 18, 1996 Virginia B. Wetherell Secretary City of Sebastian/Riverview Park c/o Many Smithson St. Johns River Water Management District 1900 S. Harbor City Blvd., Suite 107 Melbourne, Florida 32901 Easemem No. 29459 BOT File No. 312648584 Grantee: City of Sebastian Florida Dear IVh'. Srnithson: Enclosed is a modified easement instmmem which requires acceptance by Louise Cartwright's notarized signature as the Mayor for the City of Sebastian (two wimesses required). Pursuant to Chapter 695, Florida Statutes, the names of the person executing the instrument, the two witnesses, and the notary public must be legibly printed or typewritten directly below that person's signature. Please execute and return the enclosed iusmunent within 30 days of the date of receipt of this letter. Upon receipt and acceptance, we will transmit the easement instrument for final departmental execution and a fully executed copy will be provided to you. Your cooperation and assistance are appreciated. If you have any questions regarding this matter, please feel free to contact me at the letterhead address (directed to Mail Station No. 125) or at 904/488-2297. Sincerely, Chef King, Planner II Submerged Lands Section Bureau of Land Management Services /ck Enclosures cc: City of Sebastian CERTITIED MAIL RETURN RECEIPT REQUESTED PrmtcO ~n ,'ec'/cled poOer. This Instrument Prepared By: Chef Kine Submerged Lands Section Bureau of Land Management Services 3900 Commonwealth Boulevard Mail Station No. 125 Tallaha,~ee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA NO. 29459 BOT FILE NO. MODIFIED SOVEREIGN SUBMERGED LANDS EASEMENT THIS EASEMENT is hereby granted by the Board of Tmstee~ of the Internal Improvement Trust Fund of the State of Florida, heaeinafter refcrrcd to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to CiW of Sebastian, ~orida, a Florida municinal ~ hereinafter referred to a~ the Grantee, a nonexclu~ive easement on, under and across tl~e ~overeign lafld~, if any, contained in the allowing legal description: A parcel of submerged land in Section 06. Town~hip 31 Sooth , Range 39 Ea,~t , in Indian Rivgr . Indian River County, as is mom particularly de~ribed and shown on Attachment A, dated July 12, 1996 . TO HAVE ~ USE OF the hereinabove described premises from November 15. 199.6 , the effective date of this easement. Thc terms and conditio~ of and for which this easement is granted are as follows: 1. ~ PROPERTY: The above de..~ribed parcel of land shall be used solely for an o¥~t~rbar wav~ break and Grantee shall not engage in any activity except as de~ibed in the Department of Environmental Protection, Environmental Resource Permit No. 312648584, dated August 16, 1995 , incorporated herein and made a part of this easement by reference. 2. EASEMENT CONSIDERATION: The consideration for this easement shall be au amount as determined by the role establishing f~ for utility crossings. Once the rolo is adopted, payment shall be remitted to the Grantor according to the nde. The established fee shall be assessed fi.nm the effective date of the subject rule. 3. W.AP, RANTY OF TITLE/GUARANTEE OF SUITAB1L .rl~y...OF USE OF LAND: Grantor neither warrants title to the lands described herein nor guarantees the suitability of any of the lands for any particular use. 4. RIGHTS_GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement. 5. DAMAGE TO EASEMENT PROPERTY .,~ND INTERFERENCE WITH PUBLIC AND PRI¥,BTE RIGHTS: Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 6, GRANTOR'S RIGHT TO GRANT CQS?..~TIBLE USES OF THE EASEMENT PROPERTY: This easemeut is nonexcluaive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of this easement. 7..RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of the Grantee in any matter pertaining to this easement. [421 iNDEMNiFiCATION/INVESTIGATION OF ALL CLAIM_S.: The Grantee shall investigate all claims of every nature at ~t's expense and shall indemnify, defend and sa~,~ and hold harmless the Grantor and the State of Florida from all claims, actions, laws'nits and demands arising out of this easement, which do not arise out of or result from the negligent acts of omissions of Grantor. 9. ~_.~__N~: Grantee waives venue as to any litigation arising from matters relating to this easement and any such litigation between Grantor and Grantee shall be. initiated and maintained only in Leon County, Florida. 10. ASSIGNME~: This easement shall not be assigned or othetxvise transferred without prior written consent of the Grantor or its duly authorized agent and which consent shall nut be unreasonably withheld. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 11. ~: The Gratu~, lay acceptanc" of this ea~m~nt, binds itself, its successor~ and assigns, to abide by the provisions and conditions har¢in set forth, and raid prnvisions and conditions shall b.- deemed covenants of the Grantee, its successors and assigns. In the ~tent th" Grantee fails or ~ to comply with the provisions and conditions herein set forth or in the event th.- Grante.- violates any of th.- provisions and conditions herein, this easement may be terminated by tlr' Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall revert to the Gmntur. Ali costs, including attorneys' fees, incunred by tile Grantor to enforce the provisions of this easement shall bo paid by the Grantee. All notices required to be given to Grantee by this easement or applicable law or administrative rule, a shall be ~d'ficient if sent by U.S. Mail to the following address: City of Sebastian Florida 1225 Main Street Sebastian, Florida 32958 The Grante.- agxe~s to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effectiv.-. 12. ~: The Grantee shall assume all responsibility for liabilities that accrue to tit.- subject property or to the improvements thereon, including any and all drainage or ~pecial assessm.-nts or taxes of every kind and description which am now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result from the grant of this ea.~ment or the activities of Grantee hereunder.  If the Grantee does not remove mid smtctures 13. ~TRU cancellation of this casement, such structures and and equipment occupying and ercctco upon rue prenu:~ ~,, ~r equipment will b~ d~mcd forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structures and equipment after ten (10) days vrritten notice by certified mail addressed to thc Grante* at thc address specified in Item 11 or at such address on record a~ provided to thc Grantor by thc Grantee. However, such remedy shall bc in addition to all other remedies available to Grantor under applicable laws, rules and regulations including tile right to compel removal of all structures and the right to impose administrative fines. 14. ENFORCEMENT OF PROVISIONS: No failure, or successiv.- failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharg.- thereof or render the same inop.-rativ.- or impair th.- right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach or breacbes. 15. ~: The Grantee, at its own expense, shall record tiffs fully executed easement in its entirety in the public records of the county within which the easement site is located witlffn fourteen (14) days after receipt, and shall provide to the Grantor within ten (10) days following the ~cordation a copy of the recorded easement in its entirety which contains the O.IL Book and pages at which rite easement is recorded. 16. AMENDMENT/MODIFICATIONS: This easement is the entire and only agreement Between the parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. N' Prior to commencement of construction and/or activities authorized herein, tile Any modifications to the 17. ACOE AIH'i4ORIZATI~ON_2 ~ En,,ineers (COE) permit if it ts reqmred by the CeE prior Grantee shall obtain tile U,S. Army co~p~ m ~ ' ' ' coustmction and/or activities authorized herein that may be required by the CeE shall require consideration by and the written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged lands. Page ~ of ~ Pages Easement No. 29459 18. ADDITIONAL S .T~,...UCTLrRES OR ACTIVITIES~I~,~RGENCY STRU.CTURAL REPAIRS: No additional structures shall bc creeled and/or activities undertaken, including but not limited to, dredging, relOcation/realignment or major repairs or renovations made to authorized stroctur~, on, ia or ov,~r sovereignty, submerged lands withaut the prior written consent from the Grantor, with tho exception of emergency repairs. Unless spcci~icolly authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. ffemergency repairs are required to be undertaken in the interests of public health, safety or weffare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this casement. 19. ~LAND RIPARIAN pI~OpERTY INTEREST: During tho term of this casement, Grantee, pursuant to section 18-21.009, Florida Administrative Code, must either be the record owner of the riparian upland property or have thc written consent of thc riparian upland prolgrty owner(s) to conduct thc activity deacribed in this eazemgnt. If at any time during the term of this easement, Grantee fails to comply with this re~luirement, this casement shall terminate and title to this easement I~asemeat No.~29459 WITNESSES: Original Signature Typed/Printed Name of Witness Original Signature BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) Typed/Printed Name of Witness STATE OF FLORIDA COUNTY OF LEON BY Carolyn Thompson, Senior Management Analyst II, Bureau of Land Management Services, Division of State Land, Agent for the Board of Truste~ of the Internal Improvement Trust Fund Tho foregoing instrument was acknowledged b~fore me this ..... day of by Carolyn Thompson, Senior Management Analyst Il, who is personally known to me. APPROVED AS TO FORM AND LEGALITY: Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: "GRANTOR' DEP Attorney Commission/Serial NO. WITNESSES: gi~ of Sebastian Florida ......... Omnte~ (SEAL) Original Signature Typed/Printed Name of Witness Original Signature Typed/Printed Name of Witness BY Original Signature of Executing Authonty Louise Cartwfight Typed/Printed Name of Executing Authority Mayor Title of Executing Amhority STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of by Louise Cartwright as Mayor , lbr and on behalf of CiW of Sebostian Florida or who bas produced as identification. She is personally known to me My Commission Expires: Notary Public, State of Commission/Serial No. Page!of ;.I Pages Easement No, 293,59 Printed, T).~ed or Stamped Name Attachment A Page 5 of 8 Pages Easement No. 29459 REVISED LEGAL DES~ON FOR EXPERIMENTAL OYSTER BAR WAVE B~ The location of the Experimental Oyster Bar can be described as follows: Located in Section 6, Township 3IS, Range 39E, eomme~n.cin~ at a point, said point, being the northeast corner of Riverview Park, thence S 20 45 00"E a di~ance of 455 to a point, thence N 69°45'00"E a distance of 70' to the point of beginning, from said point of beginning N 56'30'30"E a distance of 12', thence N 33~30'30"W a distance of 150', thence S 56~30'30"W a distance of 12', and thence S 33'30'30"E a distance of 150' back to point of beginning. (containing approximately 1,800 square feet, more or less). Attachment A Page 6 of 8 Pages Easement No. 29459 Attachment A Page 7 of 8 Pages Easement No. 29459 I I I I I I I I I Page 8 of 8 Pages Easement No. 29459 City of Sebastian 'ELV') O>4E (407)s89-s33o [] VAX 140Z) SUBJECT: Tree City USA Application Approval for Submittal By: City Manage r~~z/£b].//~ 'V ) ) ) ) ) ) ) ) Agenda Number: Dept. Origin: Date Submitted: Community Dev. (RM) ,12104/96 For agenda Of: 12/11/96 Exhibits: 1. Tree City USA application EXPENDITURE REQUIRED: AMOUNT BUDEGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Pursuant to section 20A-14.16 of the Land Development Code, the Tree Advisory Board shall provide advice to the City Council as requested by the City Council. The Tree Advisory Board Work Plan for FY '96 --'97 was reviewed and approved by the City Council on July 24, 1996. One of the items on the work plan was to prepare an application for the Tree City USA program. The Advisory Board is recommending that the City apply for the Tree City USA designation. Attached are the related materials. RECOMMENDED ACTION To approve the application for the Tree City USA program as recommended by the Tree Advisory Board. I TREE .CITY U. SA ' . ApphcaUon Mail completed application with requested attachments to your state forester no later than December 31. I The TREE CITY USA award is made in recognition of work completed by the city during the calendar year. ,~ Please provide infomation for the year ending. ~oome states require information in addition to that requested on this application. Check with your state forester.) As Mayor of the cit~ of Sebastian, FL I (~itle -- Mayor or othe~'aty official) ..... ' I h. erew~.th, make application for this community to be officially recognized and designated as a TREE CITY USA for 1997 , havin~ achieved the standards set forth by The National Arbor Day Foundation as noted below. ~) ' ~ I Standard 1: A Tree Board or Department Lmistdage~r. of establishment of board, board members, and meeting dates for the past year; or name of city department and February 22, 1995 / Thomas Cecrle, Carl Fischer, Shirley I(ilkelly, Donna Starck, I Sall..y Gore, Anne .Putman, & David Cox / First Monday qf Every Month '/ Conaunitv Develooment Deoartnent, Robert J. Ma~sarelli I Standard 2: A Community Tree Ordinance February 22 1995 Date ordinance established ' Attach ordinance. I Standard 3: A C?mmunity Forestry Program with an Annual Budget of at Least $2 Per Capita* 62,000 Total community forestry expenditures ............................................................................... Standard 4: An Arbor Day Observance and Proclamation Dateobservancewasheld oanuary 19, 1996 .... 1 Attach program of activities and/or news coverage. Attach Arbor Day proclamation. ~ ~---- Signature --'---~e --- Date I Please type or print the following: Mayor or equivalent City Forestry Contact Name: Louise Cartwright Name: Robert J. Massarelli 1 Title: Mayor Co-g-~uni~ ~t Director ~fle: Address: 1225 Main Street Address: 1225 Main Street · City, State, Zip: ~ebastJan: FL 32958 ...... City, State, Zip: Phone~: (561) 589-5330 Phone#:., (561) 589-55~7 NOTE: If your community forestry work involves some new ideas or special projects please send photos, news s~ories, brochm-es, or other documentation for possible ~clusi°n in N~"°nal Arb°r Day F°undati°n publicati°ns' ('quch additi°nal material is n°t necessary f°r Y°ur c°mmunity te be designated as a Tree City USA') I Signed Title: Agency: Certification (To Be Completed by the State Forester) (Community) The above named community has made formal application to this office. I am pleased to advise you that we reviewed the application and have concluded that, based on the information contained herein, said community is eligible to be recognized and designated as a TREE CITY USA, for the calendar year, having in my opinion met the four standards of achievement in urban forestry. State Forester State Forester's Office who should receive recognition material: Address: City, State, Zip: Phone #: Date LANDSCAPE AND TREE ORDINANCES § 20A-I3.4 DMSION IH. LANDSCAPE AND TREE ORDINANCES ARTICLE X/II. LANDSCAPE REGULATIONS* Sec. 20A-13.1. Purpose and intent. The intent of these landscape regulations shall be to require screening and beautification of all storage, parking, display or sales areas so as to improve, protect and preserve the ci~-fs unique aesthetic characteristics and qualities. Sec. 20A-13.2. Applicability. For all new const~uction other than sing]e-family or t~vo-fmmfly residences, the minimum standards for landscaping set forth in this article shall be applicable to all storage, parkSng, display, sales or accessory vehicular use areas when created or used in conjunction with new construction, remodeling or enlargement requiring updated code compliance. (Ord. No. 0-95-02, § 1, 2-22-95) Sec. 20A-13.3. Impact of more restrictive regulations. The provisions of this article shall be subject to other applicable regulations where such regulations are more restrictive and are not otherwise inconsistent with the provisions of this article. Sec. 20A-13.4. Definitions. Accessory vehicular use area. All laud upon which vehicles traverse the property, excluding the parking lot. Accessway. A paved or unpaved area intended to provide in- g-tess and eg-ress from a public right-of-way to a public or private premises, including au off-street parking area. *Cross references-Parking in yards and landscaping, § 20A-8.4; treatment of off-street parking and landscaping requ/rements for nonconformities and non- compliances, § 20A-9.7(F); open space and landscape,.~§ 20A-10.2fE); tree protec- tion, Art. XIV. Suoo. No. lS 8~5 § 20A-13.4 SEBASTIAN LAND DEVELOPMENT CODE Barrier. A solid and unbroken visual screen, including a ma- sonry fence or solid wood fence which presents a one hundred (100) percent opaque screen. An open chain link fence shall not constitute a barrier. Berm. Mounding of soil which is planted with living plant ma- terial designed as a natural landscape buffer to screen incompat- ible land uses or to absorb or otherwise reduce nuisance impacts, such as noise, smoke, glare or other similar impacts. Grass. Green herbage, commonly referred to as grass, which is commonly grown year round in the City of Sebastian. For the purpose of this article, no arti/id~] grass shall be considered liv- ing plant material. Ground cover. Low growing living plant material or inanimate material. Hedge. Solid and unbroken visual screen of self-supporting liv- ing plant material. inanimate materials. Rocks, gravel, pebbles, drif~ood, garden ornaments, statuary, sculpture or similar inanimate objects. Interiorparkir~g space. Any park/ng space which is not adjacent to a required landscape strip. Landscape strip. A strip containing trees, barriers, ground cov- er and/or other plant material as required by this section. Lawn grass. Grass areas shall be planted in species normally grown as permanent lawns in the vicinity of the City of Sebastian, Florida. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion. When grass seed is sown it shall be a variety of seed which produces complete coverage within ninety (90) days from sowing. In areas where a ~ound cover other than solid sod or grass seed is used, nursegrass seed shall be sown for immediate effect and protection until coverage is otherwise achieved. Living plant material. Grass, ~ound cover, shrubs, vines and trees. Supp. No. 18 886 I I I I I I I I I I I I I I i i I I LANDSCAPE AND TREE ORDINANCES § 20A-13.4 Shrubs. Self-supporting, woody evergreen plants smaller than a tree and usually branching from or near the ground. Synthetic plants. Synthetic or artificial mater/al in the form of trees, shrubs, ground covers or vines shall not be used in lieu of plant requirements in this article. LANDSCAPE AND TREE ORDINANCES §, 20A-13.6. Trees. Self-supporting, woody perennial plants of species which normally at maturity have a trunk with a diameter of at least three (3) inches measured four and one-half (4¼) feet above grade and have an overall height of a minimum of fifteen (15) feet. Vines. Plant material with a long slender stem shall be a minimum of thirty (30) inches in height directly after planting and may be used in conjunction with fences, screens or walls to meet physical barrier requirements as specified. Sec. 20A-13.5. Minimum requirements for landscape strips. 'A. Minimum width. A landscape strip shall be a minimum of ten (10) feet in width; however, upon property having a width of fifty (50) feet or less, the required landscape strips may be re- duced to five (5) feet in width. In addition, if the required land- strip on an industrial zoned property abuts other industrial scape zoned land, the required landscape strip may be reduced to two (2) feet for good and valid reasons. All property other than the required landscape strip lying be- tWeen the right-of-way and off-street parking area or other ve- hicular use area shall be landscaped with grass or other ground cover. Necessary accessways from the public right-of-way through all such landscaping shall be permitted to service the parking or other vehicular use areas and such accessways may be subtracted from the lineal dimension used to determine the number of trees required. B. Perimeter landscaping. A landscape strip is required along the entire perimeter of all storage, parking, display, sales or accessory vehicular use areas except along the portion or portions of the perimeter which are entirely screened visually from adja- cent property by buildings on the property being improved. Sec. 20A-13.6. Trees within required landscape strip. A. Trees along public streets. A landscape strip shall contain one tree for each thirtwfive (35) lineal feet or fraction thereof along all public streets, with a minimum of two (2) trees on any one street frontage. 887 § 20A-13.6. SEBASTIAN LAND DEVELOPMENT CODE B. Tree requirement outside of right-of-way. Landscape strips not adjacent to public streets shall contain one tree for each fifty (50) lineal feet or fraction thereof. C. Waiver conditior~ Tree requirements, as specified above, may be waived along property lines where the required land- scape strip is contiguous and adjacent to an existing landscape strip which provides a continuous solid screen in compliance with all provisions of this article. Such a waiver shall be approved only after the impacted adjacent property owner has signed an affidavit of consent. D. Location of tree plantings. Trees, as required above, should be spaced in clusters or situated in strategic locations consistent with good principles of design and plant installation. E. Credit for existing trees. Credit shall be granted for trees which are preserved on a site and which meet the tree require- ments of any landscaping provision of this article. Where a tree is of exceptional quality, as determined by the building official, a two-tree credit for the preserved tree may be granted. Excep- tional quality shall be judged on the basis of such factors as extraordinary size of tree, vigorous health, large canopy cover, historic value, rareness, and age. No credit will be granted for preserved trees which are classified as undesirable, are extremely poor specimens or which are in declining health. Sec. 20A-13.7. Location of landscape strip. A. Alignment of landscape strip. The required landscape strip shall be located within the property line and/or building setback as established by the zoning code. B. Adjustments in alignment of landscape strip. Landscape str/ps, when required in easements, may be adjusted by the city eng/- neer. A decision on any related issue in dispute shall be resolved by city council after considering the technical advice of the urban forester. Sec. 20A-13.$. Required screening material in landscape strip. Any combination of barriers, hedge or landscaped berm shall be planted or installed along the entire length of each required landscape strip. In all residential or commercial districts, the LANDSCAPE AND TREE ORDINANCES § 20A-13.9. barrier, hedge, or landscape berm shall be a minimum of four (4) feet in height; except in commercial districts, where the barrier, hedge or landscaped berm along street rights-of-way shall be a minimum of three (3) feet in height. In all industrial districts, the barrier, hedge or landscaped berm shall be a minimum of five (5) feet in height. There shall be one shrub or vine for each ten (10) lineal feet of nonliving barrier and shall be planted on the street side along public rights-of-way. All nonliving barriers and chain link fences abutting public s~reets shall be at least eighteen (18) inches inside the property line or within the building setback line, whichever is gre~ter. . Sec. 20A-13.9. Specifications for living plant materials. A. Trees. All trees shall be a minimum of seven (7) feet in height with a minimum of five (5) feet of clear trunk space imme- diately after planting. Trees shall be of a species having an average mature crown of greater than twenty (20) feet and hav- ing trunks which can be maintained with over six (6) feet clear wood. Trees or palms having an average mature crown spread of less than twenty (20) feet may be substituted by grouping the same so as to create the equivalent of a twenty-foot crown spread. Such a grouping shall count as one tree toward meeting the tree requirement for any provisions herein. If' palms are used, they shall constitute no more than thirty-five (36) percent of the total tree requirements for any provisions herein and shall have a minimum of s/x (6) feet of clear wood. No other tree species shall account for more than Fifty (50) percent of the total number of trees. ' B. Shrubs and hedges. Individually planted shrubs shall be a minimum of twenty-four (24) inches in height immediately after planting. Shrubs planted for required hedges shall have mini- mum height immediately after planting as follows: two (2) feet for three (3) feet high hedges; two and one-half (2¼) feet for four (4) feet high hedges and three (3) feet for five (5) feet high hedges. Hedges shall reach the required height and form a solid and unbroken visual screen within one year after planting. C. Vines. Vines shall be a minimum of thirty (30) inches in height immediately after planting and may be used in conjunc. 889 § 20A-13.9. SEBASTIAN LAND DEVELOPMENT CODE tion with fences, screens and walls to meet physical barrier requirements. D. Administration of waiver provisions. Where buildings or barriers are located on adjacent properties within five (5) feet of areas required to be landscaped, the required landscape strip shall be installed; however/ a waiver may be granted for the required barrier. E. Lawn grass. Grass areas shall be planted in species nor- mally grown as permanent lawns in the vicinity of the City of Sebastian, Florida. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion. When grass seed is sowed it shall be a variety of seed which produces complete coverage within ninety (90) days from sowing. In areas where a ground cover other than solid sod or grass seed is used, nursegrass seed shall be sown for immediate effect and protection until coverage is otherwise achieved. F. Quality. All plant material shall comply with section 20A-13.15. G. Synthetic plants. Synthetic or artificial material in the form of trees, shrubs, ground covers or vines shall not be used in lieu of plant requirements in this article. H. Berms. Berms are encouraged for use in meeting the land- scape barrier requirements of this article. If berms are utilized, they shall be landscaped with living plant material to achieve the required heights. Sec. 20A-13.10. Interior landscaping requirements. A. Size and composition. Off-street parking areas providing twelve (12) or more interior parking spaces shall be landscaped with a minimum of ten (10) square feet of landscape area for each parking space. Each landscape area shall be a minimum of fifty (50) square feet in size and contain a minimum of one tree. The balance of said area shall contain grass, ground cover or other living plant material not exceeding two (2) feet in height, except that individual shrubs which do not cause a sight hazard will be permitted to exceed two (2) feet in height. The total number of 890 LANDSCAPE AND TREE ORDINANCES § 20A-13.10. required trees shall be one tree for each one hundred (100) square feet or fraction thereof of required landscape area. B. Use of interior landscape strip. Interior parking landscap- ing shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area and to prevent cross space driving wherever possible. Landscaping dividing strips, with or without walkways, shall be used to subdivide parking areas into parking bays with not more than forty (40) spaces, provided that no more than twenty (20) spaces shall be in an uninterrupted row. A portion of the required landscaping for interior parking spaces may be relocated so as to emphasize entrance corridors or special landscaped areas within the general parking area. C. Other vehicular use area requirements. Landscaped areas shall be required for drives, aisles, standing zones and other vehicular use areas. For the first fifty thousand (50,000) square feet of paved' area calculated, landscaping shall be required at a rate of two (2) square feet of landscaping for each one hundred (100) square feet of paved area. Thereafter, one square foot of landscaped area shall be required for each two hundred (200) square feet, or fraction thereof, Of paved area for all paved areas over fifty thousand (50,000) square feet. D. Landscape specifications for nonvehicular open space. All nonvehicular open spaces on any developed site in all zoning districts, except for single-family detached dwellings, shall con- form to the minimum landscaping requirements herein provided unless requirements of a stricter nature are specified elsewhere. Nonvehicular open space shall include all required open space in this code, pursuant to the review of site plans. Such nonvehicular open space areas shall not include water areas. This requirement may be waived by the building official for nonvehicular open areas which are inappropriate for the introduction of trees. Grass, ground cover, shrubs, and other landscaping materials shall be used to treat all ground not covered by building, paving, or other structures. All structures shall be treated with landscap- ing so as to enhance the appearance o£ the structure and to screen any detractive or unsightly appearance. Trees shall be planted in the nonvehicular open space to meet the following requirements: 891 i I I I I I I i I I I I i I i I I § 20A-13.10. SEBASTIAN LAND DEVELOPMENT CODE Percentage of Site in Nonvehicular Open Space (N.O.S.) Tree Requirement Less than 30 30--39 40--49 50--59 60 or more 1 tree/2000 sq. ft. N.O.S. 1 tree/2500 sq. ft. N.O.S. 1 tree/3000 sq. ft. N.O.S. 1 tree/3500 sq. ft. N.O.S. 1 tree/4000 sq. ft. N.O.S. Sec. 20A-13.11. Protection of landscape strips. - All landscape strips shall be ~rotected from vehicular encroach- ment by raised curbing. Where such strips abut parking stalls, raised wheel stops 'shall be required to protect the landscape strip. Sec. 20A-13.12. Required coverage. All landscape strips shall be covered by a minimum of seventy (70) percent living plant material. Sec. 20A-13.13. Required sight distances for landscaping~ adjacent to public rights-of-way and points of access. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, all landscaping within the triangular area described below in subsection 20A-13.13(A) shall allow unobstructed cross-visibility at a level between thirty (30) inches above the sidewalk grade and six (6) feet above the sidewalk grade. Howev- er, trees or palms shall be permitted provided the same are trimmed so as to allow visibility at the levels indicated above, and provided they are located so as not to create a traffic hazard. A. Definition of required clear zone: 1. Clear zone adjacent to the intersection of an accessway and a public right-of-way. The triangular areas of prop- 892 LANDSCAPE AND TREE ORDINANCES § 20A-13.14. ~--- erty on both sides of an accessway formed by the in- tersection of each side of the accessway and the public right-of-way line for a distance of fifteen (15) feet in length along the accessway and eight (8) feet in length along the public right-of-way, and the third line con- necting the ends of the two (2) sides. 2. C. le. ar zone adjacent to the intersection of two or more ~ntersecting rights-of-way. The area of property located at a corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangular area being thirty (30) feet in length along the abutting public rights-of-way measured from their point of intersection, and the third side being a line connecting t~e ends of the other two (2) lines. Sec. 20A-13.14. Reqmred landscape plan submittal. A. Landscape plan components. A landscape plan shall be sub- mitted to and approved by the building official prior to the issu- ance of a building or paving permit. The landscape plan shall contain the following: .~__ 1. Name, address and phone number of the owner and designer. · 2. North arrow, scale and date; minimum scale of one inch equals fifty (50) feet. 3. Property lines, easements and rights-of-way with internal and property line dimensions. 4. Location of existing or proposed utility service. 5. Location and size of any existing or proposed structures. 6. Location and size of any existing or proposed site features, such as earthen mounds, swales, walls and water areas. 7. aLrO~aast!On and size of any existing or proposed vehicular use 8.Location and size of any existing or proposed sidewalks, curbs and wheel stops.  9. Location of sprinkler heads, hose bibs or quick cupplers and other information on irrigation. 893 § 20A-13.14. SEBASTIAN LAND DEVELOPMENT CODE 10. Calculations of required type, dimensions and square foot- age of landscape material and of required landscape areas, including: total site area, parking areas, other vehicular use area, percentag~ of nonvehicular open space, perime- ter and interior landscape strips, and required number of trees. 11. Location of required landscape areas and dimensions. 12. Location, name, height and size of all existing plant mate- rial to be retained. 13. Locatior., size, height and description of all landscape ma- terial including name, quantity, quality, spacing and spec- ified size and specification of all plant material. 14. Height, width, type, material and location of all barriers of nonliving material. 15. Location, dimensions and area of landscaping for freestand- ing signs. 16. Show all landscaping, buildings or other improvements on adjacent property within five (5) feet of the common prop- erty line. The landscaping plan shall be drawn by a landscape architect or other person with comparable qualification in the field of landscaping. B. Review and approval procedure. Plot plans may be subject to review and approval of such city official as may be deemed advisable by the city council. A representative of the building department shall inspect all landscaping and no certificate of approval and occupancy shall be issued until the landscaping is completed in accordance with the submitted plot plan and the requirements of this section. A decision on any related issue in dispute shall be resolved by city council after considering the technical advice of the urban forester. Sec. 20A-13.15. Plant quality, installation, prohibited spe- cies and maintenance. A. Plant quality. All plant materials shall conform to stand- ards for "Florida No. 1" or better, as stated in "Grades and Standards for Nursery Plants." Part I (1973) and Part II (1975), 894 LANDSCAPE AND TREE ORDINANCES § 20A-13.16. State of Florida, Department of Agriculture, as amended. Grass sod shall be clean and reasonably free of noxious pests or diseases. B. Installation. Installation of all landscaping shall be in a sound workmanship-like manner according to accepted good plant- ing procedures. C. Prohibited species. Prohibited species of trees shall be those species whose roots are known to cause damage to public road~ ways or other public improvements. Prohibited trees include the following:. Australian pine - (Casuarina equisetifolia) (Casuarina lepidophlia) (Casuarina cumminghamiana) Chinaberry- (Melia azedarch) Ear pod- (Enterlobium cyclocarpum) Brazilian pepper - (Schinus terebinthifolius) Melaleuca - (Melaleuca leucadendron) Prohibited trees shall not be used for requirement~ of thiI artlclI. Sec. 20A-13.16. Ma!ntenance requirements, ~n¢luding ~riu- gat~on. Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas must be equipped with an irrigation system approved by the city engineer. All landscaped areas shall be kept free of weeds, refuse and debris. If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconformance, the building official shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have thirty (30) days to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this code; the punishment for which shall 895 § 20A-13.16. SEBASTIAN LAND DEVELOPMENT CODE be as provided pursuant to section 1-10 of the City of Sebastian Code of Ordinances. Sec. 20A-13.17. Variances. A. Applicatior~ An application for variance of the standards of this ordinance shall be filed with and heard by the zoning board of adjustments and said application shall: 1. Be filed on forms provided by the city clerk. 2. State clearly and in detail the variance requested and reasons therefor. 3. Be accompanied by sketches, surveys and statistical information. 4. Be accompanied by an application fee, the amount of which shall be determined by the resolution of the city council. 5. Be executed and sworn to by the owner or authorized agent. B. Criteria for approval. The zoning board of adjustments may approve or grant said variance only if it determines that said variance is not contrary to the intent of this ordinance and that a literal enforcement of the standards of this ordinance would be impracticable and would result in an unreasonable and unneces- saw hardship. [The next page is 947] 896 LANDSCAPE AND TREE ORDINANCES § 20A-14.1 ARTICI,E XIV. TREE PROTECTION* Sec. 20A-14.1. Purpose and intent. A. Purpose. The purpose of this article is to establish protec- tion regulations for trees within the city in order to better control problems of flooding, soil conservation, air pollution and noise and to make the city a healthier and safer place in which to live. B. Intent. The intent of this article is to encourage the protec- tion of the maximum number of trees and of large specimen trees. It is further the intent that this article encourage in particular the protect:ion of native trees of the city. (Ord. No. 0-95-01, § 1, 2-22-95) Sec. 20A-14.2 Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section: City: The incorporated City of Sebastian, Indian River County, Florida. City manager: The city manager or designee employed by the city authorized in writing by the city manager to perform one or more of the duties of the city manager, pursuant to this article. Clearing: The land clearing activity which removes trees. Crown: All branch parts including all stems, twigs and foliage. Department: The community development department. Developer: A developer, builder or owner of property who clears or grubs land of a tree or trees, or a person who engages in any construction activity which may injure a tree and results in death of a tree within eighteen (18) months of the injury. (DBH) diameter at breast height: The standard measurement of the diameter, in inches, of a single-stemmed tree measured at *Editor's note--Ord. No. 0-95-01, § adopted Feb. 22, 1995, amended Div. III, Art. XIV, in its entirety to read as herein set out. Prior to this amendment, Art. XIV pertained to similar subject matter and was derived from provisions presum- ably enacted with the 1986 codification. § 20A-14.1 SEBASTIAN LAND DEVELOPMENT CODE four and one-half (4~/2) feet above grade~ The DBH of a multi- stemmed tree shall equal the sum total of the diameter of all stems measured at four and one-half (4¥~-) feet above grade. Director: The director of community development department, or an employee authorized by the director to perform one or more of the duties of the director, pursuant to this article. Dripline: An imaginary line along the ground which conforms to the perimeter of the crown of a tree as projected vertically to the ground. Environmental administrator: The city official appointed by the city manager to perform the duties specified within this article. Grubbing: The removal of any type of rooted vegetation from land by digging, raking, dragging or otherwise disturbing the vegetation or trees from land. Hazardous tree: A tree that the environmental administrator finds constitutes a hazard to life or to property as the tree is in imminent danger of falling or is considered a hazard (i.e., a dead, diseased, broken, split, cracked, leaning or uprooted trees). Historic tree: A tree(s) which has been found to be of notable historic interest to the city because of its age, type, size or historic association with the community and has been so designated by resolution of the city council. Homeowner's packet: Those documents and informational pam- phlets regarding the protection of trees and available at the city building department for homeowners, property owners, contrac- tors and developers. Land clearing or grubbing: The removal by any means of any type of vegetation or trees from land, but does not include mow- ing, trimming or pruning so as to maintain vegetation in a healthy, viable condition. Landscape earth berm: An earthen mound which is not greater that four (4) feet in height which is sodded and planted with additional vegetation to meet the specifications of the required vegetative buffer classification. LANDSCAPE AND TREE ORDINANCES § 20A-14.1 Landscape materials: Vegetation, such as trees, ornamental palms and native plants, which may be complemented by features including, but not limited to, sod and understory. Mulch, rocks and other similar materials may be used in conjunction with the planting of approved landscape materials. Landscaping: The preservation or planting of vegetation to en- hance the natural environment, pursuant to the provisions of this section. Mangrove: Any specimen of the species Avicennia germinans (Black Mangrove), Languncularia racemosa (White Mangrove) or Rhizophora Mangle (Red Mangrove). Native vegetation: Any and all plant and tree species that are indigenous to the City of Sebastian. Person: A natural person, trust, partnership or corporation. Plot~site plan: A dimensioned sketch plan showing the location of all structures, driveways, on-site sewage disposal facilities, waterbodies, existing trees and vegetative communities identified by genus and size, proposed landscaping or other information as required by the City of Sebastian. Prohibited or undesirable exotic trees: The following five (5) tree species that if present on the site are considered to be prohibited trees (or undesirable exotic) and are subject only to a verification inspection by the department prior to removal. Under no circum- stances shall any of the named tree species be deliberately intro- duced into the city and planted on public or private property, and any such action shall be deemed a violation of this article and shall be cause for assessment of penalty and damages for subse- quent removal against said violator: A. Ear tree (Enterolobium cyclocarpum); B. Chinaberry (Melia azedarch); C. Australian Pine (Casuarina spp.); D. Punk tree or cajeput tree (Melaleuca quinquernervia or Melaleuca leucadendron); E. Brazilian pepper (Schinus terebinthifolius). Sur>v. No. 18 O,tC} § 20A-14.1 SEBASTIAN LAND DEVELOPMENT CODE Protected tree: Any tree of four (4) inches DBH or greater or any Quercus (Scrub Oak) tree measured at its base of four (4) inches in circumference or greater that is not otherwise exempted here- in. Protective barrier: A physical structure, such as protective bind- ings, braces or other similar noninjurious materials which effec- tively limit access to a protected area. Quercus (scrub oak): Any specimen of the scrub oak or of the species Chapmanii (Chapmans Oak), Quercus Geminata (Sand Live Oak), Quercus Minima (Dwarf Live Oak), and Quercus Myr- tifolia (Myrtle Oak). Remove or removal: Any act which will cause a tree to be dam- aged, decline or die within a period of eighteen (18) months; e.g., damage inflicted upon the root system by heavy machinery or by changing the natural grade above the root system or around the trunk; damage inflicted on the tree by excessive pruning or the application of any chemical which permits infection or pest infes- tation or causes poisoning or damage caused by other direct or indirect actions, including paving with concrete, asphalt or other impervious material to within two (2) feet of the outside diameter of a tree. The terms ~remove or removal," when applied to a mangrove shall mean the actual removal or causing the effective removal through damaging, poisoning or other direct or indirect actions resulting in death or decline of a mangrove and shall also mean the removal of any part of a mangrove plant through pruning, trimming, cutting, mowing or other direct or indirect actions re- sulting in the removal of any part of a mangrove plant. Recognized knowledgeable person: An individual recognized by the City of Sebastian as being knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biolo- gist, ecologist, horticulturist, landscape architect, licensed land- scape contractor, certified nurseryman or person having similar recognizable skills and experience. Root pruning: The cutting of tree roots for the purpose of mov- ing a tree or facilitating nearby construction or landscaping. LANDSCAPE AND TREE ORDINANCES § 20A-14.4 Specimen tree: Any tree twenty (20) inches DBH or more and shall include all red and black mangroves (Rhizophora Mangle and Avicennia Nitide) and exclude palm trees. Topping: The removal of vertical leader stems on trees five (5) inches DBH or greater. . Tree: Any living self-supporting and erect, standing woody plant having at least one well-defined stem, is of a species which nor- mally attains a minimum overall height at maturity of at least eight (8) feet in the Sebastian service area and shall include, but not be limited to, the region appropriate species listed and on file with the city clerk, as adopted by resolution of the city council and revised as required, from time to time. Tree removal: See: ~Removal~. Tree survey: A method of identifying by name and size all pro- tected, historic and specimen trees existing on each surveyed site. Undesirable tree: See: ~Prohibi~ed and Undesirable Exotic Tree." Verification: Confirmation by the city manager .or his designee that a tree is historic, a specimen tree or an exotic tree. Sec. 20A-14.3. Admimstration. The city official appointed by the city manager to perform the duties of the environmental administrator shall be responsible for administering the provisions of this article and shall direct, reg- ulate and control the removal of all trees growing now or hereaf- ter in the city. (Ord. No. 0-95~01, § 1, 2-22-95) Sec. 20A-14.4. Historic and specimen trees. All "historic trees" designated by resolution of the city council require a removal permit approved by the city council; however, historic and specimen tree(s) designated as hazardous tree(s) by the environmental administrator which require immediate action may be removed after verification and obtaining approval from Supp. No. 18 951 § 20A-14.4 SEBASTIAN LAND DEVELOPMENT CODE the city manager. A specimen tree shall not be removed until a removal permit has been issued by the city manager, or his des- ignee. (Ord. No. 0~95-01, § 1, 2-22-95) Sec. 20A-14.5. Plot/site plan requirements for building per- mits. A. This section shall apply to all new single and two-family residential construction within the City of Sebastian. Each lot where a single or two-family residence is constructed must meet the minimum tree requirements established in section 20A-14.12(3). Any applicant for a single or two-family building permit must submit a plot/site plan which provides the city with reasonable assurances of compliance with the minimum tree re- quirements. The provisions of article XIII shall apply to other types of construction within the city limits of Sebastian. B. The plot/site plan which is submitted with an application for a building permit shall include as a minimum the following in- formation: (1) Location of all present and proposed structures, driveways, parking areas and other planned areas; (2) Location and kind of all protected trees, all specimen trees and all historic trees. (3) Section 20A-14.10 shall apply for all trees to be removed, retained or relocated. (4) Recorded deed indicating the current owner. (Ord. No. 0-95-01, § 1, 2-22-95) Sec. 20A-14.6. Tree protection. A. Application before certain activities; removal of undesirable trees; provision of homeowner's packet; replacement of certain trees. Prior to g-rubbing, clearing or removing any protected trees with- in the city limits of Sebastian a person shall make application to the city manager through the department on a form prescribed by the environmental administrator. All prohibited or undesirable exotic trees must be removed by the developer at the time of clearing. The department' shall provide to each permit applicant Supp No. 18 9.52 LANDSCAPE AND TREE ORDINANCES § 20A-14.7 a ~homeowner's packet" that includes, at a minimum, information and techniques relating to the protection of trees during land preparation for construction or construction activities. The owner of the lot must sign the application which acknowledges receipt of a 'homeowner's packet" regarding tree protection. All protected trees, specimen trees and historic trees destroyed or removed without permit approval shall be replaced by a species of tree approved by the city council. The city council shall file a list of approved replacement tree species with the city ~lerk and envi- ronmental administrator. The cost of replacing protected, specimen or historic trees shall be incurred by the party responsible for the removal or destruc- tion. B. Erection of barriers. Prior to development or construction activin, the developer shall erect suitable protection barriers around all trees to be preserved. C. Restriction of attachments to protected, historic or specimen trees. It shall be unlawful to attach anything to a protected, his- toric, or specimen tree other than protective wires, braces or other similar noninjurious materials. D. Removal of material or ground Prohibited. It shall be un- lawful to remove any material or ground within a five-foot radius of any protected, historic or specimen tree. E. Restriction as to harmful materials. The developer shall not cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a protected, specimen or historic tree within the dripline of the such tree or groups of trees. (Ord. No. 0-95-01, § 1, 2-22-95) Sec. 20A-14.7. Exceptions to tree protection requirements. A. During the period of any emergency proclaimed by the gov- ernor of the State of Florida, the city council of the City of Sebas- tian or the mayor of the City of Sebastian as provided within the City Charter, all requirements of this article may be temporarily Supp. No. 18 953 § 20A-14.7 SEBASTIAN LAND DEVELOPMENT CODE suspended by the city manager for the period of time required by private or city work forces to remove hazardous trees or clear public thoroughfares. B. Ail properly licensed plant or tree nurseries shall be exempt from the provisions of this article only in relation to the trees growing on the premises of the nursery and so planted or growing for the sale or intended sale to the general public in the ordinary course of the licensee's business. (Ord. No. 0-95-01, § 1, 2:22-95) Sec. 20A.14.8. Appeals. Any applicant for a tree removal permit aggrieved by a decision of the city manager, the director or the environmental adminis- trator made pursuant to this article may appeal in writing within ten (10) days of the decision to the city council by filing with the city clerk. The city clerk shall inform the city council of the appeal and shall schedule a hearing within fourteen (14) days of receipt of the appeal. (Ord. No. 0-95-01, § 1, 2-22-95) Sec. 20A-14.9. Penalty. Violation of any of the provisions of this article or the conditions of a permit issued hereunder shall be unlawful and any person violating any of the provisions of this article or the conditions of a permit issued hereunder sh ,all, upon conviction, be punished as provided in section 1-10 of the City Code of Ordinances, and until such violation is rectified, the site plan approval shall be suspend- ed and all development work shall cease until the site plan ap- proval is reinstated by the city. Each separate act which v/olates this article shall constitute a separate offense under this article subject to the penalties prescribed in section 1-10 of the City Code. (Ord. No. 0-95-01, § 1, 2-22-95) Sec. 20A-14.10. Tree removal permit requirement. It shall be unlawful for any person, directly or indirectly, to cut down, destroy, remove, relocate or effectively destroy through dam- ag/rig any protected, specimen or historic tree situated on any .... LANDSC~E AND TREE ORDINANCES § 20A-14.12 rea] property or clear any lot or acreage located with the city without first obtaining a permit as provided within these provi- sions. (Ord. No. 0-95-01, §1, '2~2~-95) . Sec. 20A-14.11. Exemptions. . The Prohibited or undesirable exotxc trees outlined in section 20A-14.2, De~nitions, may be removed without a permit after receiving verification from the city manager or his designee. (Ord. No. 0-95-01, § 1, ~-22~95) . Sec. 20A-14.12. Apphcation for a tree removal pe. rm~t. Permits for removal, relocation or replacement of individual trees or groups of trees shall be obtained by fu..rnishing a com- pleted application fo.r. a permit to the commu.mty .deVelopment department. The apphcation shall be accompanied w~th a written statement indicating the reasons the applicant seeks to remove, relocate or replace the trees and one copy of .an accurate legible plot/site plan drawn to the largest scale practicable to reveal the following: . (1) The location of exmting and proposed improvements, if any, including structures, paving and utility easements. (2) The minimum number of trees according to the lot size as designated herein. (3) Minimum tree requirements for residential building lots [shall be as follows:] Minimum Tree Requirements for Residential Lots ' Minimum Number of Trees (Protected, Specimen and His- Lot Size: Square Feet toric) To 9,999 Five (5) trees  10,000 to 15,999 Seven (7) trees 16,000 to 19,999 Twelve (12) trees 20,000 to 29,999 Fifteen (15) trees 30,000 to 39,999 Eighteen (18) trees § 20A-14.12 SEBASTIAN LAND DEVELOPMENT CODE (4) (5) Minimum Number of Trees (Protected, Specimen and His- Lot Size: Square Feet toric) 40,000 and more Twenty (20) trees Trees that are added to a lot in order to satisfy the mini- mum tree requirements for the lot shall be equal to Florida grade number 1, or greater, utilizing the nursery standards established by the State of Florida, Department of Agricul- ture and Consumer Affairs. The minimum height of each tree except citrus trees must be at least eight (8) feet and have a minimum diameter of one and one-half (1¥2) inches measured at eighteen (18) inches above the finish grade. Citrus trees may be used, provided that none is less than four (4) feet in height and the number shah not exceed three (3) or comprise more than twenty-five (25) percent, whichever is greater, of the required minimum number of trees on the lot. Each lot owner where a residential unit is located must maintain on the lot a sufficient number of protected, spec- imen or historic trees to comply with the requirements in this section. Any protected, specimen or historic tree which dies must be replaced. The failure to maintain the number of trees required by this section shall constitute a violation of this article and shah subject the violator to the penalties as prescribed in section 1-10 of the City Code of Ordinanc- es. All existing trees that meet the following criteria may be applied towards meeting the minimum number of trees as required in subsection (3) above. Credits a. 2"---5" dbh = 1 tree Over 5"--10' dbh = 2 trees Over 10"---20' dbh = 3 trees Over 20"--30' dbh = 4 trees Over 30" dbh = 5 trees b. Palm trees may be utilized on a one-for-one credit sis. Supp. No. 18 QA,q LANDSCAPE AND TREE ORDINANCES § 20A-14.1 c. All protected, historic and specimen trees may be uti- lized in the above credit formula. (6) At least fifty (50) percent of all new required trees shall be of native species. (Ord. No. 0-96-01, § 1, 2-22-95) Sec. 20A-14.13. Fees..' . A nonrefund.able, perm~t fee shall accompany each .apphcation for the processing, ~nspection, enforcement and administration of this article. (Ord' N°' 0-95'01' § ~' 2122-95) ... See. 20A-14.14, Criteria fo.r permat ~ssuance. The city manager or his designee in the issuance of a permit for tree removal as required within this article shall consider criteria as follows: . (1) Necessity to remove trees which present a hazard or other unsafe condition to people, vehicular traffic or threaten to cause disruption to public services or public easements. (2) Necessity to remove trees which present a hazard to struc- tures. (3) Necessity to remove diseased or fallen trees or trees weak- ened by age, storm, or fire. (4) The extent to which tree removal is likely to result in dam- age to the property of others, public or private, including damage to lakes, ponds, streams or rivers, drainage canals or swales. (5) Proposed landscaping improvement including plans where- by the applicant has planted or will plant trees to replace those that are proposed to be cleared. (6) Topography of the land and the adverse impact of tree re- moval on erosion, soil retention and the diversion or in- creased flow of surface water, which is necessary to use the land while conserving natural resources. (7) Good forestry practices; i.e., the number of healthy trees .. that a given parcel of land will support. § 20A-14.14 SEBASTIAN LAND DEVELOPMENT CODE (8) Necessity to remove trees in order to construct proposed improvements to allow economic enjoyment of the property, including: a. Need for access around the proposed structure for con- struction equipment (maximum of ten (10) feet). b. Need for access to the building site for construction equipment. c. Essential grade changes. (9) Use of the land as permitted by the applicable zoning reg- ulations. (10) The extent of any damage or hardship which would result to the applicant from a denial of the requested permit. (11) The species and size of the trees proposed for removal. (Ord. No. 0-95-01, § 1, 2-22-95) Sec. 20A-14.15. Application review. A. The city manager or his designee shall review and grant or deny the permit application within ten (10) working days al%er receipt of an application filed pursuant to this article. If the ap- plication is denied, the reasons therefor shall be in writing and attached to the application. In the event ten (10) working days have lapsed and the city manager or his designee has not acted on the application, the application shall be deemed to have been granted. B. In the event a site plan is required to be submitted, then the application shall be submitted simultaneously as part of the site plan application and the approval period shall be as required for the site plan review. C. A certificate of occupancy shall not be issued by the city for a residential unit without the applicant first demonstrating com- pliance with the provisions of section 20A-14.12(3). (Ord. No. 0-95-01, § 1, 2-22~95) Sec. 20A-14.16. Tree advisory board. A. There is hereby created a tree advisory board, which shall provide advice to the city council as request'ed by the council on -~-.-~ LANDSCAPE AND TREE ORDINANCES § 20A-1 .16 care of trees on city property, preservation of historic trees, pro- posed planting of trees on city property, proposed amendments to this Tree Protection Ordinance, and such other matters as re- quired by the city council from time to time. B. The tree advisory board shall consist of five (5) residents of the city, who shall be appointed by the city council. Members shall serve without compensation. Initially, three (3) members shall be appointed to two-year terms and two (2) members shall be ap- pointed to one-year terms. Thereafter, all appointments shall be for two- year terms. C. VacanCies shall be filled by the city council. D. Meetings shall be held at such places and times as specified by the city council from time 'to time and shall be open to the public. (Ord. No. 0-95-01, § 1, 2-22-95) ¢ [The next page is 10051 SurD. No. 18 959 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 ANNUAL WORK PLAN 1995- 1996 Tree Plantings ae Riverfront Walkway Project Barber Street Sports Complex Blossom Park Riverview Park North (Old Cay. Corp. Property) U.S. 1 Median III. Tree Trimming Hardee Park routine trimming City Hall, Police Department, Community Center and Yacht Club routine trimming and improve landscaping Remove dead or disease trees that pose hazard Arbor day Community Program at Barber Street Sports Complex Tree Planting at selected sites $1,000 $2,000 $50,000 $62,000 P.O. 8ox 285'1, Daytona 8each, FL 32120-2851 September 17, 1996 Mr. Robert Massare!!i City Planner 1225 Main St. Sebastian, FL 32958 Reference: Tree City USA Dear Mr. Massarel!i: Florida Power & Light projects spending over Fifty Five Thousand Dollars annually doing maintenance tree ~ri.~uning in the City of Sebastian. These figures are provided as per the request of Shirley Ki!ke!!y of Sebastian. We hope these figures are he!sful in your efforts with Tree City USA. Yours truly, Walter M. Turner, Jr. Line Clearing Coordinator WMT/sep i I I I i I I I I I I I I I I I The Sebastian Sun ~,~Week of January 26, 1996 . Page 5 {~2:Y~":~-~ .~;::.ia .... ~;:::".:~,~.': ~+: ~'~::.~:::~ ~:'., ~. ....... ~:.. ........ Participants in Sebastian's Arbor Day celebration Jan. 19 plant a tree at the Barber Street Sports Complex. 'Tree City' Sebastian hosts celebration for Arbor Day By CRAIG COLGAN The day was gorgeous, the sun was bright, the breeze was brisk and the speeches were short. Who can ask for anything more from an Arbor Day ceremony? Sebastian's Arbor Day celebration came Jan. 19 at the Barber Street Sports Complex, and was filled with ali sorts of homilies to the beauty, utility and all- around importance of trees. But, it was really about a lot more. Hosting an Arbor Day ceremony is one of several required elements for the city to attain "Tree City USA" status, which Carolyn Corum, the city's vice mayor, said is an important goal. "It's the small things that make a com- munity,'' said Corem, who serves on the city's tree advisory board, the group put together in mid-1995 to achieve the dis- tinction. Other requirements include a compre- hensive tree management plan for trees on public property and a commitment from the city to spend $2 per resident every year on its tree management pro- gram. For Sebastian, that would be about $24,000 per year. Tom Secrle, another tree advisorv board member, said 50 slash pines, two dahoon hollies, two laurel oaks, one live oak, one drake elm and two east palatka hollies were planted at the complex, do- nated by a number of community groups and the city. "We'd like to see the park engulfed in trees and ~hade," Secrle said. "It's for the long term. Five years from now, these trees will really make a major difference here." The city also donated 2,000 seedlings, which went home with Sebastian and Fellsmere elementary school students. Community groups donating trees in- clude Pelican Island Garden Club, Friends of the St. Sebastian River, Peli- can Island Preservation Society, the Fischer family, Sebastian Old Boys soft- ball team, ReleafTrees, Niehaus Nurser- ies, Sebastian Chamber of Commerce and the Sebastian Public Works Department. Janice Broda, multi-county agricul~ rural extension agent and an advisor to the city's tree advisory board, spoke at the ceremony and said Florida possesses more national champion trees than any other state. "The average tree inhales 29 pounds of carbon dioxide, the amount the aver- age car goes through on one 11,000-mile trip," she said. PROCLAMATION WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, the nat/an observes Arbor Day on the fl'~ird Friday in April; and WHEREAS, ec~ch state may designate a day on which to observe Arbor Dc~,, and the State of Florida has chosen to observe Arbor Day on Januca, y 19th, a time at which new planting is most favorable; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate temperature, cle~n the air, produce oxygen and provfde habitat for wildiike; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business ~eas, and beautify our community, and wherever planted, are a source of joy and spiritual renewal; and NOW THEREFORE. I, Arthur L F~ion, as Mc~yor of the City of Sebastian, Florida, do hereby proclaim January 19, 1996 as ARBOR DAY in the City of Sebastian, and urge all citizens to support efforts to protect our trees and woodlands and to support our city's urban forestry program; and further urge all citizens to plant trees to gladden hearts crud promote the well-being of present and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Sebastian, Indian River County, Florida this 10th day of January, 1996. Arthur L F~-tion, Mayor ATTEST: Kathryn M. 0 Halloran. City Clerk I I I I I I I i I I I i I I I I I I I ci~tian, Florida Subject: Request by the Sebastian River Agenda No. Area Chamber of Commerce to have a Barbecue Vendor in Riverview Park on Department Origin: City Manager December 20, 1996. Approye~ for Submittal by: City Manager Date Submitted' December 5, 1996 . 4/Ozff. ~~ = -- ~da of December 11, 1996 Exhibits: Letter dated November 15, 1996 from Virginia King, Sebastian River Area Chamber of Commerce. EXPENDITURE RE~ AMOUNT BUDGE~ APPROPRIATION s0_p_l_ $0 ~J__~_qUm~D: $0 SUMMARY STATEMENT On December 20, 1996, the Sebastian River Area Chamber of Commerce shall hold a City Employee Appreciation Night. As part of that activity, the Chamber would like to have a barbecue vendor to be allowed to sell dinners to the public. RECOMMENDED ACTION Move to approve to allow the Sebastian River Area Chamber of Commerce to have a food vendor in Riverview Park on December 20, 1996. November 15, 1998 Mr, Tom Frame, City Manager City of Sebastian 1225 Main Street Sebastian FL 32958 Dear Mr. Frame: The Chamber has received a communication from the North Polel Santa Claus has informed us that he,plans a SECOND, very special visit Christmas Eve~ He II be comin--; ....,, ...... to Sebastian prior to · %,..u,. a .gnma boat in the annual'Santa,s Sail-In on December 6th, as usual - B,,U.T he s also planning to make a very quick trip b AIR on ~F,!,d_ay, De..cember 20th! He'll be fl in t 'e asti~a~.'-.--, ........ ' y u~veon! the C vco roe~.across'h ...... ~..-uwou~d__l~Ke ermis int s ....... ,,_ _ - _- '_"" "-' ,, [. e s[ree[ from H~verview Park (at 5 PM), so he can walk over to the Park to take part m the activities planned for that evening. Those activities, sponsored by the Chamber, Will revolve around CITY EMPLOYEE ~PPRECIATION NIGHT. Santa says the City Em Io ee b.o..y_s, and..g,rls" all year, and he wants to h P y .S ha,v_e__ .a.!l been very good issued by [ne Chamber ~"e feel Vonor them w~th Certificates of Appreciation · (w ERY lucky to be able to get Santa to be present to tdhe;'Tur~ce, ~ Cwee~'~laCsat~hsef~;L~as?HoTl?i~ae,v~n]n.g w. ill .als..o. feature, a festive BBQ, open ,o , Y e~a[ed activities, such as photos with Santa. ~~3J~C~L~e to be sure it's OK with the Ci'-- f- r us to do the BB nd for ~to know how m n Ci ~~ rtificat sofa re itl n We hope you and the Mayor and all City Council Members, the Chief of Police and ;11 City Department heads will join us on stage (at the pavilion f _of_cour,s.e, we hope all City employees and their f.*.-.--',.'?-- _or the presenter,one ~ and ~ ?_r.e_,e. aole, to the CIty, we would need to h ¢ m.-~r'~,~ll.~ can De.pre. sent. If this is all sky alve tiro av .... ,~ ,.,~vuu pro err Cl ' appreciate aPn ~°~l~(~rbo%S~l~e San!a can dive in without incidPent~ W°eS,~da[;othe usual cee Who will be attending on stage~ The Chamber is delighted to have this opportunity to honor all City Employees and we are looking forward to sharing this very special evening with the entire communityt ' ~rginia King / Executive Director City of Sebastian 1225 MAiN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: LETTERS REQUESTING APPOIN~ENT TO THE CONSTRUCTION ) Agenda Number: ~. ~.~ ~ ) ) Dept. Origin:_Comm. Dev.__~.~.k~_ ) Approved for Submittal By: ) Date Submitted:~12/5/96__ City Manager!-~,~f~~'~~ k For Agenda of:. 12/11/96_ ) ) Exhibits: Applications ) from Pierre Paqauette, ) Louis W. Nicolini Sr., ) Jerry E. Smith Sr., ) Bob Tomlinson, and ) Frank A. Garland Jr. ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUM~IARY STATEMENT At their meeting held 11/12/96, the Sebastian Construction Board made and passed unanimously a motion to recommend to City Council the appointment of Pierre Paquette to the alternate concerned citizen position and to reappoint Jerry E'. Smith Sr. to the regular member position. The provisions of Section 10, Resolution R-04-51, requires that City Council interview each applicant at a public meeting prior to voting for their selection. RECOMMENDED ACTION To interview Pierre Paquette to fill the unexpired term of Harold D. Smith, alternate concerned citizen position, term to expire 9/30/98. To interview Jerald E. Smith Sr. to be reappointed to the regular member position, term to expire 9/30/99. OME ADDRESS: ~ ? HOME TELEPHONE: 5-~-~ ~USINESS ADDRESS: /~ BUSINESS TELEPHONE: SOCIAL SECURZTT ~BER: DR~VERS LICENSE ~ER: RES~E OF EDUCATION (use additional sheets {f necesaa~z or submit resume if !0. Vo~er regls%ration ,PLEASE C%{ECK THE BOARD(S) YOU ARE INTERESTED iN SERVING ON: (Please number in order of pr=_£erence w!tlu first cl~oice being "1") *BOARD 0F AD~S~ENT C~METER~ CC~ZTTEE ~CODE ENFORCEmeNT ~CARD ~C~NSTRUCTION ~CARD *P~NiNG A~ ZONING F~ i CAPPED CC~iTTEE !6. Wha~ qua!lficatlons do you have to seize cn =~=- ~ -- - board? 17. Wha~ reasons do you hav~ f~r wishLnc to ss~z~ on an advisc~r board? - - ~ ~..'5' ~ ~O -~ ~'~ ~ ~ ,~ ~ -~'~ /~ ~/CL /~ ~Lr /~ ~ ~/~ ~ !!. Ara ,you a resident of the Clt-f? Yes~' No 12. LengTh of Residency 13. Do you hold a public office? Yes 14. Do you se!-~e on a Cit~z ~card at present? Zes 15. I !8. Have You ever been convicted of any felony or any ' I '!.misdemeano~ involving moral turp. itude i~ this ~r ~.v 19'. Wcu!d you consider sa~in~ on anc~he_ ~ear~ o~her than the one(s) you se!ac~sd above? ~es Mo~ i herself certlf? that Z am ~a!iflsd to hold the pcsd~icn for which this a~p!Lca~icn is made. Further, Z her~v author!ne the CAt7 of Sebastian to investlqat~ the truthfulness-cf al! infc~a~ion whici~ Z have provided in this amo!ica~icn. Z understand that any misrepresentation or cmisslcn of infc~aticn r~ss~sd in this ap~!ica~ion is cause for disqualifica~ion or removal. I u~ders~and that the C!~f Co~cil of the Ci~ of SEbASTiAN may suspend or remove from office ~y m~ic=~a! bo~d member for -= ~ce, m_$~_asanc~, ne~!ect~d du~z, ~abA~a! incompetence, or pe~en~ inabi!i~ to ~erfo~ his official duties. FurTher, ! ~ders~and that the Ci~ Co~.c!! may susuend any munictpa! board member who is arrested ~or a f~!cnv'or f~r a misdemeanor re!aCed to the duties of his office or who-As in, ca-sd or info,ed aqains~ for the cc~ission of ~y fa!onv or misdeme~o=. i hereby authorize the Sabastian Police Depa~n~ to ~n ~ active warr~ check on me. / I ~ ~ '. Ct ~'R~]qc~ Z~j~ ~s ident_flca=!on. Nu~a~ Puo!lc, S~kza ~f~r!da . . _~ ( ...... ~_ RESUME OF EDUCATION AND EXPERIENCE EDUCATION: I have completed high school at Richelieu Valley Regional High School in Canada in 1973. I also went to college at Sir George William University for two years in engineering. EXPERiENCE: I have been part of the construction industry for the past 23 years. Ranging from field worker to draftsman, and foreman to project manager. I worked for a plumbing and heating contractor, SCRL ELECTRIC INC. in Montreal for eight years managing projects like hospitals, malls, and industry. The largest project I managed was The Research Institute of Montreal. 22 workers and a contract of 3.5 million dollars. Presently, I am developing Palm Lake Club in Sebastian, that my brother and mysel£have purchased from Dr. Fischer in 1992. The project is going very well. Palm Lake Club grew from 8 homes to 90 homes in four years. This project should be completed in the next two years. ' ' aquett.e~O~er I I i I I I I I I I i I I I 2. 3. 4. NAME: ~. APPLICATION TO SERVE ON CITY BOARD OCT ~9 J996 OFFICE 5. BUSINESS ADDRESS: 6. BUSINESS TELEPHONE: ?. SOCIAL SECURITY N~BER: /f~ -X~-,Tf? ? ~. ~ !/m~s ~/~ ~p~/~/ ~ .,l/c~~-~ ..-~~~~, (use additional sheets if necessar~ or submit resume if available) 10. Voter registration no. ~~Oq 11. 12. 13. 14. 15. Are you a resident of the City? Length of Residency Do you hold a public office? Do you serve on a City Board at present? Yes~ No Yes No~__ Yes~ No ~ 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 -~L HANDICAPPED COMMITTEE What qualifications do you have to se,r_v,e on this board? 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? ,,~4 Yes No ~_ 'e?Serving on anotheryesBOa~d other than the Would you consider ~ 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 inabili%~ to perform his official duties. Further, I understand that the City Council may suspend .any municipal board, member who is arrested for a ~elony 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~ ~~ ~ A~plicant Sign~Ure v one(s) you selected above? ~\ws-form~application Notary Publi~,~ State of/Elorida Name of Notary (Vrin~d (~ Typed) Commission No. . 8. 9. BUSINESS: ~£~ BUSINESS ADDRESS: BUSINESS TELEPHONE: SOCIAL SECURITY N73MRER: (use additional sheets if necessa~x or submit resume if av~!!ab!e) 12. !3. 14. i6. Are you a resident of the Length of Residency Yes__ No___/ Dc you hold a public office? Yes Dc Fcu se~e on a Cit-_; Board at ~r~sent? Yes ........ ~-~ SERVING ON: (Please number in order cf preference with firs~ choice beinq "I") *~OARD OF .kD~-USTMENT ~CODE ENFQRC~--~'~NT BOARD ' *CONSTRUCTZON BOARD *PLANNING .%VD ZCNZNG What qualifications do you have to se_--re cn this bqard? ~ , . -..~ -C ,_,, -, /~,-~-/ !7. I ~8. Have ~_Tou ever been convicted of any felony or an*z I misdemeanor involving moral turp~it-ade in this cr any !9. Wc~!d Lzou consider se~ztnq on ~o~her Board other tlnan the one(s) /ou sa!ac%ed above? Yes No ~ which this aou!ication Ls made. Fu~her, i hereby authorize the Ci~z of Sebasti~ to investigate the truthfulness of ail infc~aTlcn which ~ baize urovided in this apo!ica%ion. rapeseed in this auu!ica~ion is cause for discus!if!cat!ch or removal. ! understand that the C!~ Cocci! of the Ci~ of SEbASTiAN may suspend or remove from of~ice ~ z~!cipa! b~ard member for - malfeasance, misfeas~ce, neg!ec~ad du~, habi~ai incompetence, or pe~nent inabi!i~ to ~erfof=':~ his official duties. Fu~he=, ! ~derst~d =hat the Ci~z Co--cd! may suspend any municipal board member who is arrmstmd ~or a fa!on,-or f~r a misdemeanor related to the duties of his office or who Ls indica~sd or info,ed agai~ for ~Se co~ission of ~v fe!onv or misdeme~or. ' - I hereby authorize the Sebasti~ Police Deoa~men= to ~dn ~n ac~!ve warr~ check on me. ~ cr has Droduced ~ as identifica~icn. ( SEAL ) /'~ Nc~ 2ublic, ~a~ of .Flor:da ~ ~ .:,.,. ~f~ ,:~ Shell ,. PauL ~ J ~ ~;~;.~,'~,~,~ My Commission E~!r~s .~ City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MEMORANDUM DATE: TO: FROM: December 9, 1996 Mayor and City Council Members, City Manager Kathryn M. O'Halloran ',~.Vj'~ City Clerk 12/11/96 Regular Meeting Agenda Item No. 96.254b - Construction Board Appointment - Ierald E. Smith, Sr. Please insert the attached letter into your agenda packets behind page 118. . 7. 8. 9. NA24E: t'3 0 k'~ (use additional sheets if necessary! or submit r~sume if available) oter o G Ps Zi. Are you a :~sident of the CJi-z? ~s~,~~' !3. Do you hold a public office2 Yes No ~ Do you serve on a Cit-! Scard at present? Yes No ~/ _PLEASE CHEEK THE ~OARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of prmfersncs with first choice ~eing "1") *BOARD OF AD~-USTM..ENT C~ETERY C~.iTTEE *CODE ENFORC~NT BOARD ~ *CONSTRUCTION BOARD~ ~ *PL~iNG :~ ZONING What qua!i£icatlons dc you have to ser~.ze cn this board? !7. Wha~ raasons do you have fsr wish:hq to seize cn an adv-.lsc~-/ bce_-d? m !8. Have you ever been convlct_=d of any felony o~ an,; ' m 19. would v~u consider se~ing ~n ~he~ Bcar~t~e~ ~an t~e one(s) you sa!ect~d above? ~=s wnmcn tnms anD!Acer!on is made. Further, r her=by author, ~= ~= info--at!on which 5 have ~rov~ded ~n this uncers~and, tha~' any misr~prssentat!cn or cmiss~cn rs~es~ad ~n ~.u~s app!ica~ion is cause for disqualification cr m~sdemeanor re!a~ad tc t~e duties ~f his office indicated or info.ed against for ~e cc~ission m&sdeme~.or. Z hermby~ authori~e the Sebasti~ Police Oeoartment active warr~ cbec!{ on me. · ~' m: .~ ..... ~' [---- --.~ ' m -,~ ur nas pr~eucee~A~F~~j..~.~ as identification. m m Cc~is~ion . 5. 7. 9. (use &ddi~ional sheets i= necessam~Z or subm£t resume if available) Il. Are ,you a resident of the Ci~? Yes~ No .. 13. Dc ~cu hold a public office? 14. Do you saute on a Ci~ ~card at ~resent? Tes~ ~= P~EASE ~qE~< THE ~CARD(S) TGU ARE ,NT_R,S~ ZN SERVZNG 0N: (P!easm n~ber in orde= of pre'fer~nce with' firm= choice *BO~D OF ~S~ENT C~ETERT CC~iTTEE *CODE ~FGRC~NT BOARD CONS ~RUC~_ON BOARD ~PL~ZNG :~ ZCNING , F~iCAPPED CC~ZTTEE !6. What ~ualifications do ,you have to/se~2~cn_~his~oa_~d? i7. What reasons dc you have for w!shLn.c to sea-2e cn an adv±sc~£ !8. Have you ever been convicted of any felony or any misdemeanor ~nvolvinq moral tur~_itude ~n this or any 1 a Would you consider serv~nq on · -~. another Bcar~ other ~han the one(s) you selected abcve? res i her~b? cart!f? that i am qualified to hold the pcslt!cn for which this application £s made. Further, i hereby authorize the City cf Sebastian to investigate the t~athfu!ness of all information which I have ~rov!ded in this a~lica%ion. understand that any misrepresentation or cmiss±cn of r~questsd in this apDlication is cause for disqualification or removal. ! understand that the Ci~f Council of the Ci~f of SEBASTi~N may suspend or remove from office an? mun!ci~a! board member for malfeasance, misfeasance, neglected du~i, habi~uai dru~Z~enness, incompetence, or permanent inabi!it-~_ to perfof~:[ his official duties. Further, I understand that the Ci~ Council ma? 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 agains~ for ~ne commission of any felony or misdemeanor. ~ hereby authorize the Sebastian Police De.ua--'cm~,ent to ~an ~_~n active warrant check on me. A.up!ican~ Si~a~r~ ~ ~-o me or has produced ~/~5,~/~//~ ~/.~,/ ' as ident~lflcat!an. / 't.($oo) ~3-o'i2 · Nc~--f Pu~l£c, St'a~a of Florida N~me of No~a~-_; (Pr~,nted or T'~-~ed Commission Nc. \ wS - farm\ a_up !icat!cn Frank A. Garland, Jr. 449 Ponoka Street Sebastian, FIodda 3295~ (561) 589-3020 . OBJECTIVE Offedng thirty-six (36) years of over'all plumbing, heating and sePtic expertise which includes fifteen (15) years in the Indian River and Brevard _County areas. Included are three (3) years'experience as · 'a self-employed plumbing, heating and.septic Contractor.. These.years have included work in the . carpentry,, masonry and electrfcal trades. .. EMPLOYMENT · Garlar~d Septic; inc. Sebastian; Flodda 32958 1996 :-Present --.. Presideht/Owner. Maxwell.Plumbing Contractors. Inc. VERO BEACH, FLORIDA 32962 _1981 - 1995 Employed as Service Plumber. Maryland. Plastics FEDERALSBURG, MARYLAND 1977- 1980 Head Maintenance Supervisor. Passaic Plumbers Passaic, New Jersey 1973. 1977 Employed through Passaic Plumbers Local Union #124. Garland Plumbing, Inc. Clifton, New Jersey 1970,1973 Formed own corporation which entailed plumbing, heating and septic contracting. In addition, to sub-contracting of carpentry; masonry, iron work, electrical and tile work. Passaic Plumbers Passaic, New Jersey f962 1970 Employed through Passaic Plumbers Local Union #124. Mackey Construction Company Wayne, New Jersey 1960- 1962 Carpenter and Trimmer. ·' · . Frank A. Garland, Jr, I ..... . - ~.~'. ' . Page2 EDUCATION . CliftOn High School .' - ii :,~ ..CLIFTON, NEW JERSEY · - - -~-:.. - , .'.'.-' .. . "1956-1960 , '" '" ' "' " " I Paterson'voCatiOnal Trade School ' ' " ' '.' PATERSON, NEW JERSEY" -'-;~ , , :_' ' "- · 1962- '1969 .-' ' '. ' ' "' ~. ~' ' I .. ·Majored· in'PlUmbing, He~ting and SeptiC~ . - 'i - '_ ~ '"~;,.Pa~'ai'c ~ch0°i.'°fDmfting ~.'.." '," ,i ."..'~".: '.'..- _.. '. .i "Maj°red'inDrafting..: - '. ". ' ".-..' .... . ' ', ' , . 'F~°i'tda ......... " ' ' '" -'- ' I 'July 28, 1988; January 20~ f995 ' Required Septic Courses - Once.yearly (6 hours) for"State Registration. I REFERENCES I Mr, Phil AMble Associated with for five (5) years A-I Sanitation 25 North Myrtle Street ' ' I Fellsmere, Flodda 32948 (407) 589-5502 . - Mr. Michael Herbig: Associated with for fourteen (14) years I Michael Herbig Plumbing Services 1519 Clearbrook Street . Sebastian, Flodda 32958 (407) 563-7997 or (407) 231-6926 I I I I I ¢¢ ' I December 4, 1996 To: From: Re: Norma Damp Ray Halloran Walter Barnes Richard Taracka Louise Cartwright Agenda for 12/11/96 Council Meeting Salary Increase - Kay O'Halloran I have asked Tom Frame to add an item under New Business for the December llth council meeting so we can discuss a salary increase for the City Clerk, Kay O'Halloran. This is her annual review and Kay's 10th year with the City of Sebastian. ccs: Kay O'Halloran Tom Frame City of Sebastian, Florida Subject: Three Party Agreement Between Agenda No. Sebastian, Indian River County and Nelson Hyatt Department Orion: City Manager Approved for Submittal by: City Manager Date Submitted' December 5, 1996 ~ ~/t~-~-~ i For A..~enda of December 11,1996 Exhibits: · Memorandum dated 10-23-96 from James W. Davis, P.E., Director of Indian River County Public Works; · Proposed Three Party Agreement. EXPENDITUR~ REQUIRED: AMOUNT BUDGETED: [ APPROPRIATION $0 $0 ] REQUIRED: $0 .......... SUM3,IARY STATEMENT This proposed agreement lays out a process wherein Mr. Nelson Hyatt will dedicate a portion of Barber Street formerly known as Stratton Avenue. This is a section of publicly used roadway between Bristol Street and U.S. 1 which has never been dedicated. The dedication shall occur as the result of a plat which Mr. Hyatt will file providing a dedication on the entire portion of Barber Street which is undedicated. Indian River County will survey, design and construct a new rerouted portion of the street which will nm through the current model home center and align with the median cut on U.S. 1 at the entrance of Pelican Point Condominiums. The new roadway will be deeded to the City. Upon completion of the new roadway, the City agrees to abandon its interests in the older portion of Barber Street lying generally between the railroad and U.S. 1. Two benefits accrue from this agreement: 1. The new alignment shall be a great improvement over the current intersection on U.S. 1, and it would allow signalization which is not currently possible; 2. it finally establishes formal public dedication and control over a roadway which has been used by the public for years. RECOM2~IENDED ACTION Move to approve the Three Party, Agreement and authorize the Mayor to execute the agreement. Phone: 561-567-8000 Fax: 561-778-9391 INDIAN RIVER COUNTY PUBLIC WORKS DE~P~ARTMENT 1840 25th Str_et Veto Beach, Florida 32960 L~.TTER OF TI~SMiTTAL TO: Tom Frame, City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 FROM: James W. Davis, P.E.,z~~ Public Works Director~~ REFERENCE: Developer's Agreement with Nelson Hyatt DATA: Two Original Agreement REMARKS: The attached copies are an agreement between IRC, the City of Sebastian and Nelson Hyatt for the construction improvement to Barber Street between FEC Railroad and US 1. Please agenda the agreement before the City Council for the Mayor's signature. After the Mayor has executed the last page on both copies, return them and I will place them on the agenda for the next meeting of the Board of County Commissioners. Please contact my office at 567-8000 ext. 245, if you have any questions. DATE SENT October 23, 1996 Wednesday. December 04. 1996 10:46:59 AM INDIAN RIVER COUNTY 12/4/96/TOBrr/PWD AN AGREEMENT BETWEEN CITI OF SEBASTIAN, FLOBXDA, INDIAN RIVER COUNTX, FLORIDA NELSON HYATT For Constructing Improvements to B~rber Street between F~C Railroad and US I ~rs A~E~;T, made this day of , 1996, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Veto Beach, Florida, 32960, hereafter called "COUNTY", the City of Sebastian, a municipality within Indian River County, 1225 Main Street, Sebastian, Fi. 32958, hereafter called "CITY" and Nelson C. Hyatt, 9605 S. US 1, Sebastian, FL. 32958-6363 hereafter called "DEVELOPER", and his heirs or assigns, WITNESSE~H: W/{EREAS, the DEVELOPER has constructed a two-lane roadway between Sebastian Highlands Subdivision, Unit 17 (Bristol Street) and US ! along Stratton Avenue Extension, also known as Barber Street Extension, hereafter called PROJECT #1, and WHEREAS, the DEVELOPER is requesting Traffic Impact Fee Credits for PROJECT #1, and W~EREAS, the COUNTY, CITY and DEVELOPER, in conjunction with the construction improvements of the Villages of Lake Dolores, Inc. a manufactured home Dark, located along the west side of US 1 along Barber Street in the City of Sebastian, Fi, propose to provide needed right-of-way, construct roadway relocation, drainage, utility relocation and easement abandorm~ent and related improvements to Barber Street Extension (PROJECT along the east 600' for its proper alignment with Pelican Point driveway, hereaftsr called PROJECT ~2; and W/4~E~S, the COUN~ and the CIT~ wish to cooperate with the DEVELOPER by prov:.ding additional surveying, engineering and construction services for PROJECT # 2; and, ~LEREAS, the COUNTY has requested that the DEVELOPER provide right-of- way and .'~uilding relocation services for the construction of PROJECT #2 at no addiuiona! cost to the COUNTY and CITY beyond the Traffic Impact Tee Credit .c'roposed for PROJECT ~i; NOW ~EFORE, for and in consideration of the premises and other good and valuable consideration, the COUN~"f, CITY and DEVELOPER agree as follows: PROJECT ~2._.r Relocate Barber Street between FEC Railroad a~,d,' US 1 1. The DEVELOPER agrees to dedicate right-of-way and deed all roadway improvements on Barber Street as described in PROJECT as approved by COUNTY and CITY. Compensation to the DEVELOPER shall be Dy Traffic impact Eee Credit applied to property described in At~achmen~ "A". The amount of Traffic _.~m~=ct F~_ ~ Credit is as Right-of-Way $294, 688.50 Roadway $254,714.~00 Total $549,412.50 The COUNTY will survey, engineer, and construct PROJECT ~2 at no cost to the DEVELOPER. The design shall be mutually agreeable between the three parties to this Agreement. The DEVELOPER will deed to the CITY the needed right-of-way to relocate the east 600' of Barber Street Extension at no cost to the CITY or COUNTY. Once all engineering, permitting and right-of-way acquisition is complete, the COUR~fwill construct the improvements for PROJECT #2. After the road relocation construction is complete, the CITY will proceed to vacate the east approximate 600' of PROJECT #1. The CITY will permit driveway connection to the remaining C: \WPWIN6 O \ CONT1%ACT\N}{YATT. DEV I I I I i I i I I I I I I I I I I I Wednesday, December I]4, 1-q96 11]:46:5§ AM INDIAN RIVER COUNT~ Page 2 ef 3 parcels along Barber Street Extension at an appropriate location not less than 330' west of US 1. 6. The COUNTY shall relocate the 8" PVC sanita~t sewer force main and other utilities located in the easement lying north of and parallel to Barber Street Extension, to the new right-of-way. 7. The COUNTY shall obtain the abandonment of a portion of the easement (east 600 LF±) in which the existing utilities lie after relocation. IN WITNESS WlfEREOF, the CITY, COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. Signed, sealed and delivered in the presence of: By. By. Printed name By. Printed name: N~LSON C. HYATT Printed name: ..Ne!son C. Hyatt Title: STATE OF FLOBXDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 1996 by Nelson C. Hyatt personally known to me or who has produced as identification. NOTARY PUBLIC: BOARD OF COUNTY COMMISSIONERS Printed name: Commission No. State of Florida at Large My Commission Expires: Fran B. Adams, Chairman STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me personally appeared Fran B. Adams, as Chairperson of the Board of County Commissioners, to me well known and known to be the person described in and who executed the foregoing instrument, and acknowledged before me he executed same. ~TNESS my hand and official seal NOTARY PUBLIC: day of Printed name: Commission No. State of Florida at Large My Commission Expires: Approved as to form and legal sufficiency Terry O'Brien, Asst. County Attorney C: \WPWIN60 \ CONTPJ%CT\NHYATT. DEV Approved for Public Works Matters: James W. Davis, P.E., Public Works Director 2 Wednesday. December 04, 1996 10:46:59 AI~ INDIAN RIVER COUNTY Page 3 of 3 CIT~ OF SEBASTIA~ Louise Cartwright, Mayor STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me personally appeared Louise Cartwright, as Mayor of the City of Sebastian, to me well known and known to be the person described in and who executed the foregoing instrument, and acknowledged before me he executed same. WITNESS my hand and official seal this day of , 1996. NOTARY PUBLIC: Printed name: Commission No. State of Florida at Large My Commission Eypires: Approved as to form and legal sufficiency Approved for City Matters: City Attorney Tom Frame, City Manager Subject: Elkcam Waterway (FP&L) Crossing Approved for Submittal by: City Manager Exhibits: 1. 2. City of Sebastian, Florida agendaNo. ¢~'-,~'~ ~7 Department Origin: City Manager Date Submitted; December 5, 1996 F,or Agenda of December 11, 1996 Memorandum dated 12-5-96 from John V. Hill P.E., Craven, Thompson & Associates; Letter dated 11-26-96 from Patricia Sanzone, Project Manager, Florida Department of Environmental Protection; Memorandum dated October 13, 1996 from Public Works Director to City Manager; Memorandum dated November 5, 1996 from Public Works Director to City Manager. EXPENDITURE REQUIRED: AMOUNT BUDGETED: 1 APPROPRIATION $7,500 to $45,000 (estimated) $0 l REQUIRED: Up to $45,000 S IYM-N~Y STATEM]ENT As Council is aware, FP&L removed/t pipe in an earthen plug within Elkcam Waterway. The request for removal was the result of near flooding upstream due to the constriction of the undersized pipe which was located in the earthen plug. The removal of the earthen plug and pipe was ultimately determined to have required a permit from the water management district. Subsequently, an application for that after the fact removal has been filed with the water management district. A direct result of the removal was the reduction of the water level of the waterway upstream from where the plug was located. The water level reduction might have been a contributing factor to the increase in various aquatic weeds in those sections of the waterway. A partial solution to the aquatic weed problem may be to re-establish the water elevation. This will occur with the installation of the new Elkcam Dam, and it could be re-established by some' type of low water dam at the original location of the FP&L plug. Mr. John Hill's memorandum addresses those choices and identifies time and cost associated with them. The bottom line on the interim solution ora low water dam is that the cost cannot be recaptured, and the structure may have to be removed should the stormwater park be completed. An alternative would be to not place a Iow water structure in the waterway. Instead, I ~vould suggest that the City proceed with the introduction of sterile triploid carp into the waterway which would require the City to place a fish barrier into the waterway. With the cost of the fish varying between estimates of $300 to $1,000 plus barrier costs, this may be a better alternative. This is especially true where the City is re-bidding its aquatic weed control services. With thc life expectancy of 20 to 40 years for the carp, I believe this is a better investment. RECOMMENDED ACTION .~ Direct staff'to pursue the utilization of tr/ploid Carp instead of building a costly lo~v water CRAVEN THOMPSON & ASSOCIATES, INC. Engineers Planners Surveyors 277(I Indian River Boulevard;Suite 203 Vero Beach, Florida 32960 Telephone: (4o7) 778-3'002 Telethx: (407) 778-3000 TO: FROM: RE: DATE: VIA: Mr. Thomas Frame John V. Hill FPL Crossing: Low Water Dam December 3,1996 Delivery FPL Crossing-Current Status: As this firm had originally advised Mr. Koford, the SJRWMD did request a Noticed General Permit application for the modifications to the FPL Crossing which were executed by FPL. Although the permit should have been obtained by FPL, upon your recent direction, we recently prepared application data for the permit for removal and completion of the canal section as originally designed by GDC, as per the request of SJRWMD SJRWMD further requested that any temporary or permanent flow restriction, such as culverts or low-water dams, should be permitted under separate permit application, once the Cit· selects a course of action. The discussion before Council revolved around raising of the upstream canal net water level to +15 NGVD. Right now, because of low rainfall conditions, the canal net below CR 512 is generally around + 13 NGVD, as controlled by the Elkcam outfall (invert + 12.5 NGVD.) According to old plans, the GDC design water level in the entire canal net south of CR 512 was 15.0 NGVD, and it is presumed, from archive plans review, that the intention of GDC was to build a new structure at the Elkcam Dam site to keep a permanent pool level at 15.0 NGVD, with fluctuating levels during rainfall events. The new "Elkcam Dam" that will be built under the EPA 319(h) grant is intended to create a permanent pool level at 15.0 NGVD, also with some fluctuation during rainfall events. This fluctuation would be further minimized after completion of the stormwater management system. While all of the projects under the 319(h) program have been delayed bv the Federal Government, it now appears that the funding will commence in early 1997 (see attached letter to BTR from FLDEP). If this does occur, then the new dam should be able to be substantiallv complete during calendar 1997, unless there are unusually wet conditions. T( ): Mr, Thomas Frame FROM: Jolm V. Hill RE: FPL Cro~xing: Low Water Dam DATE: Dec~'mber 3. 1996 VIA: Delivery Page 2 If the City wishes to proceed with an interim measure to raise the level of the upstream canal net. then the least expensive, safe solution would be to reshape the old crossing, lowering the top elevation to +15.0 NGVD This would then create a low-\rater dam, backing up the net upstream to slightly about 15.0 NGVD. Inasmuch as the upstream basin is almost 2,000 acres, the dam must be sized to accomodate storm flows: otherwise, the Citw' would simply build another hazard-creating impediment similar to the one removed by FPL. If no interim measure is to be constructed, the old crossing should be removed; the cost of this work would be about $7,000. The low-water dam would span the canal width at the control elevation, and should be 'armored' with concrete rip-rap to minimize erosion. Otherwise, during a storm, the earthen dam could simply wash downstream into the canal, and would have to be dug-out by dragline or backhoe. In addition, it was indicated bv SJRWMD that they would probably require erosion protection as part of a permit approval. The cost of construction such a dam would total some $45,000 or so, broken down roughly as follows: Item _Oty Unit Unit Cost item total .................. (.rO.un, d. ea) · Survey Lump .S..um Lump Sun~ $5,000 $5,000. Engineering and .... Lump Sum Lump Sum $6,000 $6,000. Permitting .., Mobilizat~.gn Lump Sum ... Lump Sum $1,000 $1,000. Earthwork: D-7 40 Hour $125 $5,000. .type dozer Earthwork: 225 24 Hour $85 $2,000. .t3q0e tracked hoe Dike, pump, Lump Stem Lt~np Sum $8,000 $8,000. siltation control, 36" CMP temp by- pass culvert Concrete rip ,rap 1.000 ,,.SY $12.00 $12,000. ........... Contingent?' at 15% $6.000. Preliminary Estimate of Construction Cost $45.000. TO: Mr. Thomas Frame FROM: John V. Hill RE: FPL Crossing: Low Water Dam DATE: D~:~nber 3,1996 VIA: Delivery P~e3 Alternatives.. City. Land Development Codes and established design practice calls for the major systems in the drainage network to be sized for a 25 year storm event. Because of the size of the basin upstream (ca. 2,000 ac.), the 25 year storm flow could be as high as 600 cubic feet per second or 270,000 gallons per minute. This flow necessitates careful consideration; a restriction could replicate previous upstream high water conditions that occurred during a much less intense storm. Culverts: Because of the. flow during a potential storm event CTA's preliminary analysis indicates that a culvert installation at this site (equal to 4-72" diameter pipes) would be far more expensive. Temporary Plugs, Smaller Openings, Unarmored Low Darn: While there are some, less permanent measures that would cost less, but CTA does not recommend that the City assume the potential liability arising from construction of a less than adequate structure. For example, 'plugging' the existing gap would serve to raise the upstream level, but would leave an inadequate opening to pass stormflows, and would thus be either washed out or cause upstream flooding. A smaller opening across the waterway would also back-up flood flows, and increase the velocity across the opening. Higher velocities increase the risk of wash-out. And, as stated above, an unarmored low dam is likely to erode. Any of these measures would be a gamble that it won't rain very hard until the restriction is removed, and the City would certainly increase its exposure by construction of such a crossing. Timing2 Survey, design, permitting and construction of the Iow water dam would probably take about six months, assuming reasonably dry weather during the Spring. If FL-DEP and EPA continue with the schedule referenced in the attached letter, then the new Elkcam Dam could well be substantially complete by the end of 1997. Should you wish, we can prepare a brief presentation on this matter for Council. ossociates. Inc. · Vice President 17002 Gowr~r Tallaha~ee. FI~ 32399-2~ NOV~ 26, 1996 2~0 Grassl~d ~a~ _ ~A. NoW we =an get your project moving Please find ~nclosed ~e roll--lng= work Plan aDpr~ed by EPA.. ad~ any previous co~en~ from DE~ or E~A ~d to u~=e it, date, ~pending on how ~i~y you ~n ~e=u~ eve~ing ~ ~e file for ~o~ reused actually a rei~b~s~nt of costs. ~=~t for = "oo~=-re~urs- If yo~ project includes munitortng, a Quality Assurance project fo~t, please l~t me ~ow so it ~n be ~ent ~c you. i To fur+her expedit~ this proc~s we have enclosed a copy of a. Department standard EPA a.p~roved contract for project~ involvlnq E~A f~n~. Plea$~ haw~ t~ls reviewed by you_x' legal staff. However, please be advis~-d that most of this language is required ~ ~.onment and Noturol Resource- 12/~3/96 I5:49 TX/~ NG.2a72 p nn~ ~ give me a call at {904)921-9917. W~ look fo~ard to you on ~is project. Sinc~ely, _ Patricia A. Sanzone ~onpoant So, ce Manaq~t Section - 12/03/96 15:49 TX/~ N0.2473 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 DATE: TO: FROM: MEMORANDUM October 31, 1996 City Manager Thomas W. Frame Richard Votapka, Public Works Director /~t,/ SUBJECT: Florida Freshwater Fish and Game Commission Approval for Stocking of Triploid (Grass) Carp in the Elkcam Waterway South of Thunderbird Drive On October 18, 1996, the Department of Public Works filed a permit application with the Florida Freshwater Fish and Game Commission for the purpose of stocking triploid carp in the portion of the Elkcam Waterway west of Schumann Drive and south of Thunderbird Drive. Today, Gib Owen of the Freshwater Fish and Game Commission in Kissimmee (407-846-5277 SUNCOM 327-5277) called to tell me that the City has been initially approved to stock 100 carp in the Elkcam Waterway. The triploid carp will eat hydrilla and spatter doc, both of which are growing in the waterway. However, Mr. Owen stated that we may have to wait six (6) menths to see satisfactory results. He also said that the City is never going to eliminate weed control entirely in the Elkcam Waterway but it may be possible to cut back the application of herbicide in half. The carp that the City purchases will initially be from 10" to 12" long and weigh between 1-1/2 to 2 pounds. At maturity, the carp will weigh up to 50 pounds and between 36" to 40". The carp are sterile and don't reproduce. There are no natural predators except for alligators according to Gib Owen. The life span of the carp is between 20 to 40 years. The cost of the triploid carp will be $3 to $10 depending upon which of the 26 licensed vendors in the State fi.om whom the City buys the carp. Total cost will vary from $300 to $1000 for 100 carp. Gib Owen said that the City will have to install a flow through barrier at the Powerline Causeway prior to releasing the fish in the waterway. He wilt be sending us approved types of various designs. I will confer with John Hill of Craven Thompson and Associates to discuss any permits that may be required. Please acknowledge if stocking the Elkcam Waterway with triploid carp in the vicirdty described meets with your approval at this time. carp : I · i I I I I I I I I i I i I I I I I FLORIDA GAME AND FRESH WATER FISH COMMISSION SUPPLEMENT TO APPLICATION TO POSSESS TRIPLOID GRASS CARP - BARRIER VERIFICATION GFC FILE ~: MT-32-ER-96-0153 RICHARD VOTAPKA, CITY OF SEBASTIAN I verify that the barrier(s) required for my permit to possess triploid grass carp is(are) in place and ready for inspection. Furthermore, I agree to maintain this(these) barrier(s) as long as triploid grass carp are in the waters protected by this(these) barrier(s). Signed: (Applicant's Name) You mustJ,~tify, thiS.office by returning this form When the barrier(s) iS(are) ready for inspection to: Game and Fresh Water Fish Commission Aquatic Plant Management 3900 Drane Field Road Lakeland, Florida 33811 Bar~ier(s) inspected and approved by: (GFC Personnel) Date: Attachment to File No.: MT-32-ER-96-O153, RICHARD VOTAPKA, CITY OF SEBASTIAN Barriering of Inlets and Outlets Inlets or outlets which discharge to other water bodies under normal flooding conditions (at least once per year) need to be barriered prior to carp introduction. Within this site we: XX require barriers ON WEST SIDE X recommend but do not require barriers ON CULVERT UNDER SHUMANN AND UNDERBARBER Barriers should utilize a 1 to 1 1/2 inch spacing and provide a maximum surface area possible. It is not always advisable to affix barriers directly to openings in a culvert or weir, as they can be too restrictive to water movement. Where necessary to maximize flow potential, they should be installed in front of, but away from such openings. Barriers should extend in height to a level above'the normal high water line. It is preferable to utilize a two-or-three-sided framework design (V- or boX-shaped) as opposed to a single-faced configuration. It is advisable to implement a series of parallel rods or bars, instead of a grid or mesh design. These can be oriented either vertical or horizontal to the water column, and maintained by raking as necessary. A horizontal configuration is less resistant to water movement, and may thus require less maintenance (see reverse side). You should consult the agency charged (c6ntact your county if unknown) with water flow management in the site prior to in~talling barriers. They will be able to provide inpu~ as to acceptable barrier design criteria that will meet both your needs and theirs. If barriers are required, we should be contacted after installation. After inspecting the barriers to determine acceptability, we will notify you as to their approval. Once they are approved, your permit will be valid and you can stock triploid grass carp. If barriers are recommended but not required, we are not concerned with impact to other waters from fish escaping. We are merely suggesting fish be prevented from migrating out of the site and possibly becoming stranded. We would thus not be required to approve barriers in this instance, but will assist any way possible to ensure fish containment. I TYPICAL FISH B RRIER ! :, , .~.,~. ;... j .._-'~,<._. ~ ,,-,-~---., ~,.~..,.::.~-- I I INSTALLATIONS '; . I Figure ]: Fish barrier con~tructtd of a ~ingle row of heavy py¢ (pol3W. nylchloride) pipe to contain grass carp in agricuhural waterways. FLORIDA GAME AND FRESH WATER FISH COMMISSION TRIPLOID GRASS CARP SUPPLIERS 1 July 1996 - 30 June 1997 The following alphabetized list of approved suppliers/producers of triploid grass carp is provided for your convenience. It is not an endorsement of either the suppliers/producers or their services/products. Any transaction involving grass carp that are to be possessed, transported, or stocked in Florida must comply with Rule 39-23.088. Since names may be added to or deleted from this list, please contact the Division of Fisheries Office at (904) 487-1400 for an update if you do not stock your water area within one year of receiving your permit. Mr. Peter Bnndr,~ Incredible Pets, Inc 2098 Sarno Road Same Shopping Plaza Melbourne, FL 32935 (407} 255-9091 Mr. Rob Box The Lake Doctors, Inc. 3434 NE Second Avenue FL Lauderdale, FL 33334 (S00) 683-5253 Mr. Clark Buford Buford Bait Company 3301 S.E. 381h Ave. Okeechobee, FL 34974 (941) 467-1575 Mr. James IL Chamberlain Jim's Catfish Farm Route 1 Box 854.B Lawtey, FL 32058 (904) 782-3558 Mr. Douglas Charles Aquatic Biologists, Inc. 1279 Semi~oln Blvd. Casselberry, FL 32707 (800) 785-2000 or (407) 696-5777 Mr. John Della Torte 10539 N. Spence Ave. Dunnellon, FL 34433 (352) 489-7831 Mr. John F. Dequlne Southern Iqsh Cuiturists P.O. Box 490251 Leesburg, FL 34749.0251 (352) 78%1360 Mr. Frank W. Gates The Catfish llatcbery 724 W. Sherry Avenue BIountstown, FL 32424 (904} 674-8302 Mr. Ronnld Gulnu Florida Aquaculture, lac. 28605 Jones Loop Road Puntn Gordn, FL 33982 (941) 575-1213 Mr. Craig Lequear Mlcco Fish Farm 5155 Wilden Road Micco, FL 32976 {407) 664-2732 FAX (407) 664-7030 Mr. Cecil IL llnrrell Hnrrell Fisherles 17121 Ralnhow Terrace Odessa, FL 33556 (513) 920-S593 Mr. Mark Litwiler The Lake Doctors, Ina 6371 Dnnner Drive Sarasota, FL 34240 (800) 444-5253 Mr. Rodney Kruse Aqua S~pes 2900 Smith Road, #71 Melbourue, FL 32934 (407) 259-9350 Mr. Ralph Miller FL M. Lakes Alive 2360 Miller Cove Road Melbourne, FL 32940 (407) 259-8944 Mr. John l..qyer Florida Environmental Consult. P.O. Drnwer 1358 Palatka, FL 32178-1358 (800) 342-2580 'Mr. Julian Paul, Jr. Paul Fish Farms Rt. 2 Box 205W Bonlfay, FL 32425 (904} 547-2215 Mr. James Royal Ml~nopy Fisheries RL I Box 591 Micanopy, FL 32667 (352) 591-1650 Mr. Edward Tremble Mallard Environmental Services 3045 Kershaw Court Melbourne, FL 32934 (4O7) 259-0475 Mr. Joel Sblremen Shongnloo Fisherles P. O. Box 359 IIampton, FL 32044 (352) 468-1251 Mr. Charles N. Thrash Blue Lake Aqua Farm Rt. I Box 2296 Cbattaboochee, FL 32324 (904) 663-S185 Mr. Rea Slay Florida Fish Farms 9684 CR 705 Center llill, FL 3351¢' (800) 962-3474 or (352) 793-4224 Mr. Steven Welnsier Aqua Jet, Inc. 120 Torchwood Ave. Plantation, FL 33324 (305) 452.0386 Mr. Ken Sehulte South Florida Fisheries & Lake Services, Inc. 8233 Sunset Strip, #231 Sunrise, FL 33322 (954) 748-2274 Mr. James I.. Williams The Lake Doctors, inc. 150 State Road 419 Winter Springs, FL 32708 (800) 666-5253 Mr. Kevln Youngberg Amerimn Ecosystems, Inc. P. O. Box 40517 SL Petersburg, FL 33743 (813) 347-0746 ~ Mr. Jim Malone Jim Malone & Sot Enterprises Box 158 Lonoke, AR 72068 (501) 676-2800 or 676.6554 Mr. William Eas!erling Easterllng's Hsh llntchery 674 Easterllng Mill Road Clio, AL 36017 O34) 397-4437 Mr. Barry W. Sm{th Atneri~n Sportfish Ilatchery P.O; Drawer 20050 Montgomery, AL 3612{} (334) 281-7703 Mr. Mike Freeze Keo Fish Farm P.O. Box 166 Keo, AR 72083 (501) 842-2872 Mr. Paul Williams Owen & Willimns Fish Fare! Route I Box 2000 llnwkinsville, GA 31036 (912) 892-3144 or 783.2309 Mr. Bob Hopper llopper-Stephens 5205 lllghwny 31 South Lonoke, AR 72086 (501) 676-2435 Mr. Steven Green Florida Aquatic Mgr. P. O. Box 1315 Palm llarbor, FL 34682 (813} 461-2611