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HOI~[ 01:' pELICAN ISI..ANO SEBASTIAN cITY coUNCIL AGENDA REGULAR MEETING WEDNESDAY, jANUARY ?.3, 2002 - 7:00 P.M. cITY coUNCIL cHAMBERS 1225 MAIN sTREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY' CLERK .1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City council - limit of ten minutes per speaker CALL TO ORDER PLEDGE OF ALLEGIANCE iNVOCATION ' Moment of Silence 02.009 8. 9, 10. 02.010 ROLL cALL AGENDA MODIFICATIONS TION~ members (R-gg-21) Items not on the whiten agenda ma~ee~ded only upon a majority vote of CiB/ Council ~IONS ANNOUNCEMENTS AND/OR PRESENTATIONS A. indian River County superVisor of Elections Kay Clem 1. Demonstration of New Voting Equipment 2. update on Cost of Public Education - Sample Ballots CITY ATTORNEY MATTERS cITY MANAGER MATTERS CITY cLERK MATTERS cITY coUNCIL MATTERS A. Mayor Barnes - Liaison Appointment to indian River county Parks & Recreation committee B. Mr. Barczyk C. Mr. Majcher 1-10 11-20 02.01 21-24 02.012 25-26 02.013 27-34 0()6 6( Mr. Hill Mr. Coniglio Ail itern$~nda are considered routine and Will be enacted by one motion. There Will be no separate of consent agenda/terns Unless a member of CiO/Council $o requests,, in which event, the Item W/Il be removed and acted upon separately. A. APproval of Minutes. 12/12/2001 Regular Meeting B. Approval of Minutes. 1/9/2002 Regular Meeting C. Agreement Between the City of Sebastian and Indian River County Supervisor of Elections for Use of Community Center. Precinct 12 ('City Clerk Transmittal 1/7/02, SOE Letter 1/4/02, Proposed Agreement) D. Approve Special Event at Riverview Park for Downs Connection on Saturday, October 19, 2002 (Parks Transmittal 1/16/02) E. Resolution No. R-02-03 Final Plat for Phase IIA of Collier Club PUD Subdivision (GMD Transmittal 1/16/02, R-02-03, APPlication and Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN FINAL PLAT FOR SUBDIVISION KE Procedures for public heatings.. (R-99-21) ' Mayor opens Heating ' Attorney Reads Ordinance or Resolution ' StaffPresentation ' Public Input ~ L/mit of Ten Minutes Per Speaker · Staff Summation ' Mayor CIose~ Heating · Council Act/on Anyone Wishing to speak is asked to sign up before the meeting, when called go to the POdium and state his or her name forthe record A. _Second Read/no and Second Pu ' · ~~~. r./n_ on Ordinanc, om.. -,-nsmlt'tal O-02-01 e No. O-02-01 Moratorium on Celt AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELECOMMUNICATION TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATION TOWERS; PROVIDING FOR EXCEPTIONS; SETTING FORTH EXPIRATION; S. PROVIDING FOR CONFLICT, SEVERABiLITY AND EFFECTIVE DATE. Quasi-Judicial Public Hear/n Ordinance No 0-02 03 Revise Lake Dolores GMD Transmittal ~ ' ' - ' 13. 14. 02.014 61-68 07..015 69-80 TUAL DEVELOPMENT NDiNGTHE coNCEP pRoViDE usES FOR , O UNiT DE O~'w~'-"' ' - u~, OF SEBAsTIAN,FLORID_A'AME vELoPME_N_T.,T2rr,, pRoViDiNG F_.O~ DINANCE OF THE CIT~ LAKE DOLOR_E? pLANNP-- ..... -mE DEVE-L AN OR_g_~..-HEViLLAGES OI kTED FO_P,. ru-~,-NFLiCT HERP_w~n, pLAN FU~.~' ... -~=aCT oRIGiNALLY DESIGNt~nINAN(JES IN ,.,O R~F~-~'~' .... -,~,,. ~ D F~uv'ID%NG FOR AN EFFECTIVE DATE, M THE pUBLIC on the agenda - sign-up _. BUSINESS F~_©_ . s six months whiCh ,,~-oc~nuC'ftON ~ is not. otherWise Im~,'*'-'-- r as oiscu It~quimd . limit or mn ,, ....... s ~ · A. ~ . . ~ _.,~ Anooint to Atternate Member to ptanning and Zoning 1 interview, UniessWalve~"'~"'"~ 1115102, AppliCations, Board Member List, * Board (City Clerk Transmittal AdvertisementS) uation committee · -,-tuber positions to · ~:-"~~~~;~*~ · ":-'e Reoular w,~, ~,,~n') Letter of B. ~ ,~,~i,,~_d and Appoint.~r)._v. ,-,~,rk-~ransmittal ~"'~ .... ~ -,~w UnleSS _vva. w~T__ committee (.g;tty ,.,,,~- Inte,,,,~ , _ vatuatlu~, _ _, ~..+ AdverQse,,~ 1. H andicapped..S_e!~E,' Board.Maraca[ interest, APpucauu"' 15. 16. 02.016 02.016 81-$4 02.017 85-116 02,018 117-132 . Sebastian A. Presentation ~rom Representatives o~ camP, Dresser & McKee inc. stormVcater Master Ptanning update B. Authorize the ExecUtiOn of Addendum to contract Between City of Sebastian and Can" Dresser & McKee, inc. for Master Stormwater Management ptan in the Amount of $31,2-00.00 (City Manager Transmittal 1/15/02, Attachment A} - 2 Budget (Finance ed Fiscal Year .701 0 dule o~ Investmen~ · .. ,-~.n2.02 Adopting an_ A~m~einedct Status Report,, Sche .o -oz Memo. -Transmittal C, f investments by Type) -- ,-~,, ,NTY, FLORIDA ADOP~NG AN Y OF ~5~'~"'~ ' INNING u~-~ .... 'ON OF THE ~. ~,cCAL yEAR BEG ...... A"; pRoVIDiNG FO RESOLU~'. OR l~ r,% IN qEpTEMBER 30L -., eFFECTiVE DA] - PubtiC He ~ROVIDtNG FO~ A~ ~ - Ad)ustment Redesignation Schedule D. Ordinance No. O.02-04 - Board of LegistatNe and Finat Form for 2/13102 (City A~orneY Transmittal 1/15/02, O-02-04, c __ ~= ~ OF S~BA~. =moVIDING FOR 02.019 133-134 E. Authorize the Execution of Work Order with Related to the Pier Project Kimley-Horm for Engineering Services 02.020 F. 1/15/02) in the Amount of $27,500 (Genera/Services ?ransmitta 135-138 Ordinance No. 0-02-05 Bicycle Regulations. Schedule Attorney Transmittal 1/17/02, 0-02-05) Public Hear/rig for 2/27/02 (City AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA CREATING SECTION 98-9 B/CYCLE REGULATIONs; PROVIDING FOR CONFLICTs, SEVERABILiTY, AND EFFECTIVE DATE. 17. ADJOURN (A//meeting sha// adjourn at l O:30 p. m. majority Vote of City Council) unlee$ extended for up to one ha/f hour by a THA T A VE S MEETING ANY DEC/si E ONE~ ~E AVAI~BLE IN THE COUNci& CHAMBERS FOR ALL GO~RNMENT ME~ING$. ~ ADVANC~ OF Mayor Opens Hearing City Council Membem D' ~Pplicant or Ahem ..-- ~sc/ose ~-Pa _ , ~taff Pre ..... ~.".?eKes Presentafi° ~_Co~munlcatio~ :vlayor Ope~ +~- ~, ~' '~ ur me Ann/: .... wing SWearino merely adw~_'~:'.~ ~JOor for Anvo~",'~~z and Staff .... ~y utty Clerk ..... y ~i[y Clerk APpli~n, ~-_ "~=~ uPPO~uni~ · u~ sw~m in ~ m [anyone Presen ' , · · ~.uWae~ -. to Respon ) ting factual ' . C~ty Council D~.~ ~PO~unity to S .... ~ to Issues Rais=~ ~ ..... mformat~on shall ~yor Calls fo~n and Questi~'~nanze Request ~" uy ~ta. or Public be SWorn but anyone ~Y Council Action 4 HOME OF PELICAN iSLAND SEBASTIAN CiTY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 12, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mr. Barczyk called the Regular City Council Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. A moment of silence was held. R~OLL CALL CitY. Council Present: Mayor Walter Barnes (excused absence) Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Mr. Ray Coniglio Sta. ff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Finance Director, Mark Mason Growth Management Director, Tracy Hass Public Works Director, Terry Hill Regular City Council Meeting December 12, 2001 Page Two AGENDA MODIFICATIONS ADDITIONS AND/OR DELETIONS Items not on the written agenda may be added only upon a majority vote of City Council member~ (R-99-21) None. 01.270 PROCLAMATIONS ANNOUNCEMENTS AND/OR PRESENTATIONS A. Wal-Mart Appreciation, Proclamation Mr. Barczyk read and presented the proclamation to Greg McCarty, Wal-Mart Co- Manager. ELECTION MATTERS 01.271 01.271 Readin of Ma or's Election Proclamation- Callin 3/12/02 General Election Mr. Barczyk read the proclamation. Res0 ut. ion.No.. R-01-85 Election Matters ('City Clerk Transmittal 12/1/01, Proclamation, R-01..-85) ' ' ' . . .. A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE OFFICIAL POLLING PLACES AND OFFICES TO BE FILLED DURING, AS WELL AS AUTHORIZING PUBLICATION OF NOTICE AND DELEGATION OF ADMINISTRATION FOR THE GENERAL ELECTION TO BE HELD ON MARCH 12, 2002; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the resolution by title. MOTION by Hill/Majcher "1 move to adopt Resolution No. R-01-85." ROLL CALL: Mayor Barnes - absent Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye MOTION CARRIED 4-0 8. .CITY ATTORNEY MATTERS The City Attorney advised City Council that structures on the newly purchased Riverfront property be demolished to prevent transients from using them; and requested approval for attendance at a CLE seminar on January 23rd in Ft Myers relative to Boating, Manatees and Marinas. Regular City Council Meeting December 12, 20'01 Page Three MOTION by Majcher/Hill "1 would make a motion that our city attorney attend the manatee conference-boating, manatees and marinas conference." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - absent 10. MOTION CARRIED 4-0 M[~ Barczyk suggested the closing time of the City's restrooms be reconsidered as seasonal transients begin to arrive. CITY. MANAGER MATTERS The City Manager advised 'that the Sebastian area code will change to 772 on February 11, 2002. · CITY CLERK MATTERS The City Clerk clarified an error in today's paper by stating that anyone can declare their candidacy by submitting their Designation of Campaign Depository and Treasurer form at this time, which would allow them to begin taking contributions and making expenditures, but that no one can not fully qualify until the filing period of January 11,2002 through January 25, 2002 in accordance with the City Charter. 11. CITY ..COUNC. IL MATTERS ko Mr. Hill Reported that the indian River County Commission unanimously rejected the change of Fellsmere Road to Sebastian Boulevard from 1-95 to the City limit. Commended all City staff involved in the installation of the millennium clock. Mr. Barczyk concurred. Mr. Conialio Concurred with commendations to City staff for their work on the clock. O.- Mayor Barnes,, Absent. 3 Regular City Council Meeting December 12, 2001 Page Four Suggested that plaques be given out to businesses that improve their properties. City Council members concurred with the idea and the City Manager was directed. 01.272 12. · Concurred with comments made on the clock. .CONSENT AGENDA All items on the consent a~enda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council $o requests; in which event, the Item will be removed and acted upon separately. A. Approval of 11/28/01 Regular Council Meeting Minutes B. Resolution No. R-01-86 Recreational Trails Program Grant (City Manager Transmittal 11/28/01, R-01-86) 01.273 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CiTY MANAGER TO APPLY FOR A RECREATIONAL TRAILS PROGRAM GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE, Resolution No. R-01-87-Holiday Builders Vacation of Easement-Lots 1 & 2, Block 129, Sebastian Highlands Unit 4 (GMD Transmittal 12/5/01, R-01-87, Site Map, Staff Report, Application, Utility Letters ' 01.274 01.275 01.276 01.277 01.278 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 129, SEBASTIAN HIGHLANDS UNIT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Amendment of Lease Agreement Between AeroTrace, Inc. and City of Sebastian (Airport Transmittal 12/3/01, Affected Changes of Existing Lease Agreement) Authorize Time Extension for Monitoring Stonecrop Dam Replacement Project (Public Works Transmittal 12/5/01, Extension Agreement) Charles M. Long - Use of A/B at Yacht Club on 12/15/01 6:00-10:00 pm (City Clerk Transmittal 12/4/01, Application) ' Approval of Travel Expenses for City Clerk (City Clerk Transmittal 12/05/01, Palm Beach SOE Seminar Info, FACC Meeting Info) Authorize Councilman Barczyk Attendance at FLC Local Government Leadership Class VII in Tampa and Orlando (City Clerk Transmittal 11/30/01) Regular City Council Meeting December 12, 2001 Page Five The City Attorney read Resolutions R-01-86 and R-01-87 by title. MOTION by Hill/Coniglio "1 move approval of consent agenda items A through H." ROLL CALL: Mr. Hill - aye Mr, Coniglio - aye Mayor Barnes - absent Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 4-0 13. PUBLIC HEARING 01.099 Quasi-Judicial Public Hearin~ of Ordinance No. O-01-25 - Revised Conceptual Development Plan for a Proposed 80-Acre Planned Unit Developme.nt..(GMD Transmittal 12/5/01, O-01-25,..Co._n.ceptual Plan, Location Map, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR THE DAVIS PLANNED UNIT DEVELOPMENT LOCATED NORTHWEST OF SCHUMANN LAKE TO ALLOW A COMMERCIAL NODE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILI'I-Y; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance O-01-25 by title and explained quasi-judicial procedures. The City Clerk swore in applicant, Brian Davis; and Growth Management Director Tracy Hass. The applicant stated the addition ofthe node was based upon recommendation of the Treasure Coast Planning Council. The Growth Management Director briefly described the amendment to include a one-acre commercial node and recommended approval. There was no other public input and the headng was closed. MOTION by Majcher/Hill "1 move to adopt Ordinance No. O-01-25/' ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - absent Mr. Barczyk - aye MOTION CARRIED 4-0 Regular City Council Meeting December 12, 20D1 Page Six 01.071 14. 15. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred orwas discovered within the previous six months which is not otherwise on the agenda ~ sign-up required, limit of ten minutes for each speaker Sal Neglia, Sebastian, congratulated the City and Public Works Staff on the clock; stated that the Meet the Candidates Night is scheduled for March 4, 2002, that the North County library is closed for renovation, and asked Council if the group could use the Council Chambers. The City Manager noted there is a resolution that prohibits private use, therefore, City Council must deliberate on the request. MOTION by Hill/Coniglio "Move to suspend the rules and allow them to have their forum on the 4th." ROLL CALL: Mr. Coniglio - aye Mayor Barnes - absent Mr. Barcz. yk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 4-0 COMMITTEE REPORTS/RECOMMENDATION~ A. Code Enforcement Board Committee Intervie. w, Unless Waived and ...Appoint to General Contractor Reqular Member Position and Businessman Repul.a...r Member Position (City Clerk Transmittal 12/3/01, .Applications, B. oard Member List, Advedisements) City CounCil interviewed Ron Van Buskirk. Mr. Cakes was not in attendance but had expressed interest in a position, according to the City Clerk. MOTION by Majcher/Coniglio "1 make a motion to appoint Ronald M. Van Buskirk to the regular member general contractor position." ROLL CALL: Mayor Barnes - absent Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye MOTION CARRIED 4-0 Regular City Council Meeting December 12, 2001 Page Seven MOTION by Coniglio/Hill "1 make a motion that we appoint John Oakes to the businessman regular member position to expire 3/1/2003." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - absent Mr. Barczyk - aye MOTION CARRIED 4-0 01.173 P~arks and Recreation Advisory Cq.mm ttee 2. Interview, Unless Waiv.ed, and Appoint Applicants to.. Fo.ur Regular.. Member Positions for Districts A~.D and, One At-Lar,qe.. Position ('City Clerk Transmittal 1~/3.!01, Applications, Advertisement~ The City Clerk advised that a sixth application had been received one week after the deadline from Elizabeth Gray and that she was in Zone A. Mr. Barczyk inquired whether she could be considered an alternate, and the City Clerk noted general board provisions in the Code allow up to two alternates to be appointed to City boards. The clerk advised that since all members have the same expiration date, they could all be appointed in one motion. MOTION by Hill/Coniglio "Then that would be the motion that I would make." Mr. Coniglio suggested that Mrs. Gray be added as an alternate and there was a consensus. Mr, Hill then specified that Mrs. Barczyk would be the member for District D and Mrs. Barrett would be the regular at-large member. ROLL CALL: Mr. Coniglio - aye Mayor Barnes - absent Mr. Barczyk - aye Mr..Majcher - aye Mr. Hill - aye MOTION CARRIED 4-0 Zone,A'lngui Zone B - Roguski ,. Zone 'C - Jessup · Zone D - J. Barczyk , .' . .'Regular At. Large - Barrett ' ::::'.., Alternate - Gray Regular City Council Meeting December 12, 2001 Page Eight 16. .,OLD BUSINESS None. 17. NEW, BUSINES~SS 01.011 A. Financial Re or[ on the Skate Facilit at Six Months Finance Transmittal 12/4/01 Statement of Income and Ex en es Anal sis The Finance Director presented Council with an update on the skate facility's financial status. 01.279 B. Authorize the Installation of Thirteen Side Yard Culvert Pi es in Accordance with Attached List in the Amount of 107 139.05 Public Works Transmittal 11/28/01 Cost Estimate The Public Works Director briefly explained the next three agenda items and responded to questions from Council. 01.280 C. MOTION by Hill/Majcher "1 move to authorize the installation of thirteen side yard culvert pipes in accordance with the attached list in the amount of $107,139.05 and appropriate same." ROLL CALL: Mayor Barnes - absent Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye MOTION CARRIED Authorize the Listed Draina e Pro'ects in the Amount of $19 058.82 Public Works Transmittal 12/4/01 Cost Estimate Sheets (See list of projects attached) MOTION by Coniglio/Hill "1 move that we authorize the listed drainage projects in the amount of $19,058.82 and appropriate the same." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - absent Mr. Barczyk - aye MOTION CARRIED 4-0 Regular City Council Meeting December 12, 2001 Page Nine 01.281 D. Authorize the Installation of Six Road Crossin.q Culverts in the Amount of $27.,..940.56 .(Public Works Transmittal !2./..4./....0.1, Cost Estimate Sheets) MOTION by Majcher/Coniglio "1 move to authorize the installation of six road crossing culverts in the amount of $27,940.56 and the appropriate same." ROLL CALL: Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - absent Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 4-0 01.282 E. Enc~ineerin~3 and Desi.qn for Runway 9-27 and Proposed Parallel Taxiway (Airport Transmittal 12/5/01. Scope of Work Authorization Five) The Airport Director and Mark Jansen, Senior Engineer and Project Coordinator with LPA Group, Inc., briefly addressed City Council on the request. The Finance Director responded to questions from Council regarding funding. TAPE I - SIDE II (8:03 p.m.) MOTION by MajcheflConiglio "1 move to approve Work Authorization Five for the LPA Group, Inc. to appropriate $175,000 for the same." ROLL CALL: Mr. Coniglio - aye Mayor Barnes - absent Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 4-0 Mr. Barczyk invited the public to attend this weekend's art and music festival and perhaps purchase bricks; and wished everyone a happy holiday. 18. Being no further business, Mr. Barczyk adjourned the Regular Meeting at 8:10 p.m. Approved at the January 9, 2002 Regular City Council Meeting. Walter Barnes Mayor Sally A. Maio City Clerk DRAFT HOME, OF PELICAN ISLAND $1:BASTIAN CITY COUNCIL MINUTI=$ REGULAR MEETING WEDNESDAY, JANUARY 9, 2002 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFF;iCE OF THE CiTY CLERK .1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (F~-99-21) 1. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Rev. John Morrissey of St. Sebastian Catholic Church gave the invocation. 4. ROLL CALL City Council Present: Mayor Walter Barnes Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Mr. Ray Coniglio Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Growth Management Director, Tracy Hass Public Works Director, Terry Hill RegularCi~ Council Meeting Janua~ 9,2002 Page Two. DRAFT 02.001 AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS) Items not on the w#tten agenda may be added only upon a majority vote of City Council members (R-99-21) The City Clerk requested that the December 12, 2001 Regular Meeting minutes be withdrawn for corrections until the January 23, 2002 meeting. PROCLAMATIONS, ANNO. UNCEMEN. TS AND/OR PRE. SENTATIONC A. Conclressman Weldo, n to Discuss Redistricting Congressman Weldon presented a legislative update regarding efforts to combat terrorism, stimulate the economy, insurance reform and terrorism impacts, ban human cloning, place a moratorium on immigration from certain middle eastern countries; and reported he had made known to those responsible for reapportionment that he wished to continue to represent all of Indian River County. Mayor Barnes said letters had been sent in suppod of his continued representation. Congressman Weldon said Senator Latvala has presented a second map that does include Sebastian. He said that additional letters from Council would have an impact. Congressman Weldon was commended for the work that has been done since September 11, 2001. The Congressman's assistant gave City Council commemorative pins. 02.002 01.264 BT Mayor Barnes gave Congressman Weldon a City of Sebastian pin and a letter relative to funding needs for Sebastian airport. (See letter attached) Trudy Hertlin,q, Sylvia F.riede and Beth Mitchel.....accepted t.he Pelican Island Garde~ Club & Sebastian River Area Chamber of Commerce Proclamation Mayor Barnes read and presented the proclamation to Trudy Hertling and Sylvia Friedel. Certificate of. Apprec at on, to GFWC Sebastian River Junior Womans Club and Wa!,l,¥ Kramer for.,.,Part c.pat on in Santa Sail-in 2001 " Mayor Barnes read and presented certificates of appreciation to the GFWC Sebastian River Junior Womans Club and Wally Kramer for their participation in the Santa Sail-tn. CITY ATTORNEY MATTER~ None. DRAFT Regular City Council Meeting January 9, 2002 Page Three 8. CITY MANAGER MATTERS 01.203 A. Presentation bv Representatives from Keith & Schnars,.P.A,; FDOT- United States HLahwav 1 Improvement Pro.aram Dewey Oliver, Keith & Schnars, P.A. updated City Council on the US 1 improvement program, which he reported, should be completed by mid-June. Mr. Hill inquired about landscape bump-outs and whether they can be addressed within the project, and how much longer businesses will be without on-street parking. Mr. Oliver said FDOT preferred that this project be completed before bump-outs are addressed, and that hopefully, within a month some on-street parking will be' available. He then addressed the issue of minimum turning radius requirements. Mr. Coniglio reiterated his concern about limiting on-street parking adjacent to driveways and desire to move forward with bump-outs. Mr. Oliver said FDOT submitted a letter to the City Manager about some options. The City Manager clarified that bump-outs could be pursued if directed by Council with funding from an FDOT highway beautification grant after completion of this project. Mr. Oliver responded to concerns expressed by Mayor Barnes regarding collapsing culvert pipes. 01.184 B. Presentation/Request from Representatives from Oran.~e Peel Enterprises, Inc./Greens+ i Future Development and the City of Sebastian (Airport Transmittal 1/3/02, Amendment One) Scott Reilly, Orange Peel Enterprises, Inc./Greens Plus, requested an extension of six to twelve months on its airport lease to allow time for due diligence before breaking ground. He said they have a financial commitment to the City and wish to reimburse the City for expenses it has incurred in this effort; and reported they have a design in place which can be passed on to the City, but that environmental work and an FAA permit will be needed. The City Attorney asked which grace period the lessee was looking for and Mr. Reilly said he was looking for a grace period on the rent. The City Attorney restated that the lessees were looking for an extension up to January 2004 to get the facility constructed and then they would begin to pay rent. The City Attorney stated the motion as follows: "Authorize execution of an addendum to the contract extending the grace period by additional 12 months in exchange for payment of environmental and expenses for site preparation." Regular City Council Meeting January 9, 2002 Page Four MOTION by Coniglio/Barczyk "So moved." ROLL CALL: Mayor Barnes Mr. Barczyk Mr. Majcher Mr. Hill Mr. Coniglio - aye - aye - aye - aye - aye MOTION CARRIED The City Attorney was directed to prepare the addendum. 9. CiTY CLERK MATTERS 01.173 A. Elizabeth Gray - Alternate Member of the Parks and Recreation Advisory Committee The City Clerk requested clarification that Elizabeth Gray will act as alternate to all members of the Committee in the event of any absence. City Council concurred. Mayor Barnes requested that all members of the Committee be contacted to determine whether one of them would like to serve on the Indian River County Parks and Recreation Committee. 10. CITY COUNCIL MATTERS A. Mr. Conicl!io -Shared an FDOT Scenic Highway brochure that listed nine scenic locations in the area. He stated availability of these brochures will boost interest to our area. -Asked if a permanent plaque commemorating the 75th Anniversary is underway and the City Manager advised the plaque had been ordered. -Asked if a brochure on tree cutting rules and regulations could be available to realtors for people interested in establishing residency. - Requested a chain of command brochure for people who have problem with garbage pickup. The City Manager responded people should contact Capital Sanitation and if satisfaction wasn't found, citizens should contact him. -Said citizens contacted him who walk CR512 and noticed that trees had been cut down east of Fleming, along the sidewalk and wanted to know if the trees will be replaced. The City Manager invited people to stop by City Hall to review site plans for any location they may be interested in. Regular City Council Meeting January 9, 2002 Page Five 01.185 TAPE I ~ SIDE II C. DRAFT M .ayor Barnes 1. Council Member Attendance at 2002 IRC Commis..s on. Meetings Mayor Barnes appointed attendance as follows: Mayor Barnes - January Mr. Coniglio - February Mr. Barczyk - March Mr. Majcher - April Mr. Hill- May Discussion took place on the necessity for attendance. Mr. Ba.rczyk. -Expressed concern about cars parking in swales, and lawn maintenance vehicles parked on roads without cones. The City Manager stated lawn maintenance companies have been spoken to about this. -Stated when AT&T took over, 64 cable/meter boxes were left in the City, though he was not sure if the boxes were AT&T or FPL's; and requested, since the meter boxes are costly, could FPL collect the boxes. The City Manager noted AT&T and FPL do have a program to collect them. -Stated he had received many calls on the cable price increase. -Reiterated concern for tree removal on the CR512 project and asked if Council could get copies of future plans regarding tree removal from bigger developments. The City Manager responded in the future, vegetation plans could be available. Mr. Maicher -Said he had received the same phone calls and advised people that no one gets a certificate of occupancy unless they meet LDC provisions. -Requested a progress report on the committee reviewing the County water expansion. The City Attorney stated the Committee met in December and had requested fur[her documents from the County and will meet again in two to three weeks. He said the Committee's report is scheduled to be submitted in March 2002. Mr. Majcher asked if grants were received for the water hook-up, and if so, why are people being charged. The City Manager reported that CDBG funding is available for Iow to moderate income areas such as Louisiana Avenue, however, the rest of the City did not qualify for any utility grants. Mr. Hill -Welcomed everyone back to work. Regular City Council Meeting Januanj 9, 2002 Page Six D AFT 11. CON,SENT AGENDA. All items on the consent agenda are considered 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. 02.007 02.003 Approval of Minutes - 12/12/2001 Regular Meeting Approve Pelican Island Preservation Society's 100th Anniversary of Pelican Island Special Event at Riverview Park on March 14, 15 & 16, 2003 (Parks Transmittal 12/19/2001, Application, Letter, Pamphlet) Resolution No. R-02-01- Vacation of Easement - Holiday Builders Lots 9 & 10, Block 206, Sebastian Highlands Unit 8 (GMD Transmittal 1/3/02, R-02-01 Staff Report, Site Map, Application, Utility Letters) ' 02.004 A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 9 AND 10, BLOCK 206, SEBASTIAN HIGHLANDS UNIT 8, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Award Contract to Wesco Turf Supply, inc. to Purchase a Toro Z 255 ZRT 82" Mower in the Amount of $ 6,337.00, Subject to Terms and Conditions of State Contract # 515-630- 00-1 (Parks Transmittal 1/02/02, Quote Tabulation) MOTION by MajchedBarczyk "1 make a motion to approve consent agenda items B, C and D. Mr. Coniglio then pulled item B for clarification and Mr. Majcher restated his motion as follows: "1 make a motion to approve consent agenda item A, excuse me, C and D." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye MOTION CARRIED 5-0 Item B - Pelica,,n Island P. reservati,on Society's 100th Anniversary of Pel can Island Special Event at Riy,erview Park ...... Mr. Coniglio stated he believed the event was originally planned for longer than three days and there should be more logistics presented tonight for approval. The City Manager said more detail would be brought back to Council as they are arranged. MOTION by Coniglio/Barczyk "1 make a motion that we approve item B." ReguLar City Council Meeting January 9, 2002 Page Seven ROLL CALL: Mr. Majcher Mr. Hill Mr. Coniglio Mayor Barnes Mr. Barczyk - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Mayor Barnes lauded the Public Works Director for making Item D available for public demonstration, 12. PUBLIC HEARING (Quasi-Judicial) (See procedures at back of agenda) 02.005 First Readin,q and First Public Hearin.q on Ordinance No. O-02-01 Moratorium on Cell Phone Towers and Schedule Second Public Hearinq fo..r_..1/23/02(Cit¥ Attorney Transmittal~ O-02-01) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELECOMMUNICATION TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATION TOWERS; PROVIDING FOR EXCEPTIONS; SETTING FORTH EXPIRATION; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read Ordinance No, 0-02-01 by title and Mayor Barnes opened the public hearing at 8:16 p.m. The City Attorney advised that although technically quasi-judicial since the ordinance is treated like a rezoning, quasi-judicial procedures do not have to be followed except for advertising in this matter. The City Attorney described the ordinance and its effect. Being no input, Mayor Barnes closed the hearing at 8:24 p.m. MOTION by BarczyldConiglio "Move to conduct the first reading and the first quasi-judicial hearing on Ordinance O-02-01 and set the second and final quasi-judicial hearing for January 23, 2002." ROLL CALL: Mr. Hill - aye Mr, Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Regular City Council Meeting Januar~ 9, 2002 Page Eight DRAFT 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or wa$ discovered within the previous six months which is not otherwise on the agenda - sign-up required, limit of ten minutes for each speaker Sal Neglia, Sebastian, suggested the side doors of City Hall be reopened and the City Manager said there is a plan in place for the doors. Herb Sturm, 549 Saunders Street, Sebastian, began his presentation entitled "False Statements and False Police Reports", and Mayor Barnes cited the agenda provision which provides that "Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes per speaker" and noted that Mr. Sturm's item did not occur within the past six months. Mayor Barnes called recess at 8:32 p.m. and reconvened the meeting at 8:40 p.m. All members were present. 14. COMMITTEE REPORTS/RECOMMENDATIONS - None 15. OLD BUSINESS - None 16, NEW BUSINESS 02.008 First Readinq Ordinance No. O-02-02 - Parkinq Nuisances ~ Schedule Public Hearin.q 2/13/02 (City Atto[neY Transmitt.a!., O-02-02) AN ORDINANCE OFTHE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 66-3 (NUISANCES) ILLUSTRATIVEENUMERATION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-02-02 by title. Mr. Coniglio suggested two changes as follows: (12) (a) remove the word "front" and (b) add "un" to licensed. Mayor Barnes suggested that language read "no more than one vessel being worked on at a time", The City Attorney said he could further describe the word vessel to provide that a boat on a trailer would be treated as one vessel, There was a consensus to agree with Mayor Barnes' suggestion. The City Attorney read back the amendments. "(a) then would read 'A vehicle or vessel including a trailer, actually I think that including a trailer ought to go with vehicle that is unregistered or unlicenced and located to the street side of the building line of the principal structure; or' (b) would read '... more than one vehicle including trailers, vessel or vessel trailer tandem on the properly that is unregistered or unlicenced.'" Regular City Council Meeting January 9, 2002 Page Nine 02.006 B. D AFT MOTION by Barczyk/Hill "Move to pass Ordinance No. O-02-02 on the first reading, as per as amended on first reading and set a public hearing for February 13, 2002." ROLL CALL: Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Ordinance No. O-02-03; Revised Conceptual Plan within Lake .Dolores -..Schedule Quasi-Judicial Public Hearin,cl 1/23/02 (GMD Transmittal 12/!9/01.0-02-03, Con..c~Dtua/ Pla.n, Lo. catiqn Map and. P & Z Rec0mmendation~ AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR THE VILLAGES OF LAKE DOLORES PLANNED UNIT DEVELOPMENTTO PROVIDE USES FOR A 2.25 ACRE TRACT ORIGINALLY DESIGNATED FOR 'FUTURE DEVELOPMENT'; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-02-03 by title and advised City Council not to discuss the item at length at this time due to the fact that it is quasi-judicial. He then briefly described the application, noted there had never been a concept plan approved for the property, and had advised that a concept plan needs to be adopted. MOTION by Majcher/Coniglio "1 move to hold a first reading for Ordinance No. 0-02-03 and schedule a quasi- judicial public hearing for January 23, 2002." ROLL CALL: Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye MOTION CARRIED 5-0 17. Being no further items, Mayor Barnes adjourned the Regular Meeting at 8:56 p.m. 2002 Regular City Council Meeting. Approved at the . , Walter Barnes Mayor Sally A. Maio, CMC City Clerk City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Agreement Between City of Agenda No. 02, Sebastian and Indian River County Supervisor of Elections for Use of Department Origin: Community Center- Precinct 12 '~ / .... . I Date Submitted 1/7/02 A~t~d fg.[,.S~;~"by: City Manager I 1/23/02 Exhibits: ~OE Letter 1/4/02, Proposed Agreement Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Supervisor of Elections, Kay Clem has submitted a proposed agreement to allow her use of the Community Center as the polling place for Precinct 12 on March 12, September 10, and November 5, 2002. The Community Center has been precinct 12 for many years, however, this is the first time there has been an agreement proposed. Since the City's facilities' resolution does not provide for full waiver of rental fees, I suggest the agreement be approved by the City Council and the City Manager be authorized to sign on behalf of the City. RECOMMENDED ACTION Move to approve the interlocal agreement between the City and Indian River County Supervisor of Elections for use of the Community Center for Precinct 12 as proposed and authorize the City Manager to execute the agreement. Supervisor of Elections Indian River County, Florida TO: . Polling Place - Precinct Number 1~2 FROM' Kay Clem, Supervisor of Elections RE: 2002 County Elections DATE: December 31, 2001 Thank you for allowing us to use your facility on the 2002 election dates listed below: Municipal Elections ........... Tuesday, March 12 First Primary ..................... Tuesday, September 10 General Election ............... Tuesday, November 5 We will need your facility from 6:00 a.m. until after the equipment has been put away which will be sometime after 7:00 p.m. Enclosed is the Agreement to be dated and signed by you as the Provider of a county polling place. Please complete and return to me along with a copy of this letter in the enclosed stamped, self-addressed envelope by ,January 31,200.2... Please fill out the following information for our files: Contact Person: Telephone Number: Any lock changes: If you have any questions, please contact my office. Thank you. 1840 25th Street, Suite N-109 - Yero Beach, FL 52960-3396. (561) 56%8157. FAX (561) 770-5367 Re: County Election Polling Place Precinct # 12 AGR,EEMENT Re: Use of Facilities for Polling Place THIS AGREEMENT, made this ~ day of ,2002, by and between the INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS (hereafter .SUPERVISOR), and SEBASTIAN COMMUNITY CENTER (hereafter PROVIDER), WITNESSETH: WHEREAS, .polling in Indian River County has traditionally been held 'in places such as churches, schools, and civic organization buildings; and WHEREAS, orderly administration dictates that a contract for the use of these facilities be entered into between the SUPERVISOR and the PROVIDER; NOW, THEREFORE, for and in consideration of the mutual covenants and other good and valuable consideration, the receipt of which is hereby acknowledged, SUPERVISOR and PROVIDER agree as follows: 1. PROVIDER shall allow the SUPERVISOR the use of its facilities as a polling place for the election(s) to be held on: 2002 - Tuesday - March 12th (Municipal Election) . September 10th (First Primary) - November 5th (General) - Any other elections PROVIDER shall allow the SUPERVISOR access to the facilities for the placement and removal of voting equipment and other, related equipment beginning one week before and ending one week after each election. 3. PROVIDER shall allow use of said facilities without charge to the SUPERVISOR. 4. SUPERVISOR shall cause to be issUed insurance in the amount $100,000/$200,000 covering "all elections at all polling places that are held during the above-described period." IN WITNESS WHEREOF, SUPERVISOR and PROVIDER have entered into this agreement on the first date above written. PROVIDER: INDIAN RIVER COUNTY, FLORIDA SUPERVISOR OF ELECTIONS By Kay Clem City of Sebastian, Florida Subject: SPECIAL EVENT APPROVAL FOR RiVERVIEW PARK Appro?d for Submittal b~ _ Agenda No., 02,0 t fi-- Department Origin: Parks Supt. Chris McCarthy ~,~~ ~.~ Dept. Head: Finance: Procurement: Date Submitted: January 16, 2002 For Agenda of: January 23, 2002 Exhibits: NONE EXPENDITURE BUDGET AVAILABLE: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY DIANE ALVEY OF DOWNS CONNECTION WOULD LIKE YOUR APPROVAL FOR A SPECIAL EVENT AT RtVERVIEW PARK. THE EVENT WOULD BE HELD ON SATIYKDA¥, OCTOBER 19, 2002 FROM 8:00 A.M. UNTIL 3:00 P.M. AND WOULD INCLUDE A BUDDY WALK, SMALL ART SHOW, AND FAMILY-TYPE PICNIC. DOWNS CONNECTION IS AN EDUCATION SUPPORT PROGRAM FOR DOWNS SYNDROME. MS. ALVEY HAS MET WITH THE CITY MANAGER, POLICE CHIEF, AND PARKS SUPERINTENDENT TO DISCUSS THIS EVENT. THIS APPROVAL IS TO RESERVE THIS DATE, AND CITY STAFF WILL MEET WITH MS. ALVEY IN THE FUTURE TO HANDLE ALL LOGISTICS INVOLVED. RECOMMENDED ACTION MOVE TO APPROVE SPECIAL EVENT AT RIVERVIEW CONNECTION ON SATURDAY, OCTOBER 19, 2002. PARK FOR DOWNS City of Sebastian, Florida Subject: Final Plat for Phase IIA of Collier Club PUD Subdivision. Exhibits: ~R.02-03, Application, and Plat. Agenda No. 02, O I,~ Department Origin:, tGrowth Management Tracy E. Hass ~ Date Submitted: January 16, 2002 For Agenda of:.'.J...anuary 23, 2o.,0,,.2, ...... EXPENDITURE REQUIKED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY Collier Club Inc. has filed a final plat application for Collier Club Phase IIA. Collier Club PUD is designed as a deed restricted private single-family community. Phase II contains 66.72 acres, of which 18.01 acres are reserved for recreation and natural preserve. The typical lot is 70' x 125' with 7.5' side setbacks, 25' rear setbacks and 10' fi'ont setbacks. The proposed typical lot is 10' wider than the existing lots m Phases IA and 113 and the side setback is 2.5' greater than that approved in the previous phases. Phase IIA consists of 86 dwelling units on 45.80 acres = 1.88 units/acre. The developer h. as s.ubstantiallKcompleted all infrastructure and site development requirements, i..n~,l.u.ding_ installations of public water and sanitary sewer as well as a closed drainage_s..ys, tem with curb and gutterjgad '~ccess io phases IIA and II13 will be accomplished via a bridge over Collier Creek on Collier Club Drive. Additionally, all engineering, and surveying details have been satisfied in accordance with Florida Statutes. The City Council granted approval of the Preliminary Development Plan for Phase lq during a public heating held October 25, 2000. RECOMMENDED ACTION Move to pass Resolution R-02-03 for Collier Club Phase IIA. RESOLUTION NO. R-02-03 A RESOLUTION OF TI-IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB PIJASE iiA; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WI-IEREAS, Collier Club, Inc., has filed an application for approval of a final plat for a subdivision known as Collier Club Phase I~; and WHEREAS, said final plat complies with applicable State and City codes and regulations; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF SEBASTIAN, as follows: Section 1. FINAL PLAT APPROVAL. The City Council of the City of Sebastian does hereby approve the final plat for Collier Club Phase IIA prepared by David M. Jones dated January 17, 2002, as maintained on file with the City Growth Management Department. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. Councilmember Ray Coniglio The Mayor thereupon declared this Resolution duly Passed and adopted this 23~ day ofJanuary, 2002. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Permit Application No, City' of Sebastian Development Order Application Al~PJi'cant ~lf nm'owner, ~n a~J~ariz~on (nota~d)frOm owner is 'Name: /2 Ii .... : " ~ II/c/ ~ ' "~.rm,.i~.~m'~,~p,~} ¥,' ..... . ..... - ...... ~""": ~o/'/,~ ~ ~/~ ~~ ~.... ...... ~:. ,, ~hOne Numar'("), - FAX Number. F.~lVleil: .... Type ~f permit: ore,on requestecl: PLEASE.COMPLETE'ONLy 'rHiDSE SECTIONS WHICH ARE NECESSARY FOR"THE:PERMITOR ACTION THAT'Y~U ARE.REQUEST NG. COPIES:oF AIL. MAPSi. SURVEYS, DRAWINOS, .rT.C. SHALL BE A'H'ACHF--[) AND 8~1/2.." 'EY'~ 1 ' COPIES OF' ANY A?rACHMENTS.: SHALL i~E INCLUDED., A1'I'ACH THE-APPROPRIATE 8UPPLF=ME.TAL INFORMATION FORM; , ,// ............ ..... B: Sil~,.Information. Lot:. Bloc:lc"' Un~i-' Sul~livision: tnaian' Rivet'County. Parr, el ~ ..... 'Z& 3o3~ &')oc)O "' '}- o000o ,'0 ~%ing: m,,ssh'i~io~'i ........ Fut~m. La,~ Us~.' ........ F.:cisting Use: p~oposed Use: ........ permit Application N~, , Agent: ....... Name; E-~il: FAX Number: ( ) · Attorney: Name: Address' Phone NumDer: ( ) F~ Nutoner' ( ) . FAX'Number. ( )' · . Surveyor: Name.: D~'-- Address. Phone. Number: (~.~/) AM ~E ~AL R~RESENTATIVE OF THE OWN~ OF ~E ~EOPER~ DES~IBED WHICH IS.THE ~U~ECT"MA~ER.QF THIS APPU~N, AND THAT A~. ~E INFOR~ON~ MAP~ ~TA .ANt/OR S~CHES PROVIDED IN ~IS AP~MCATION ARE The followinE Is required for all. comp .rehensive pla~ ~mendmen~] ~oninE amendment ~n~udlng rezonino~ s~e. plln~ ~ditional use ~~, special use pe~its, ve~an~es~ e~epti~ns~ and a. ppe~is. BOARD/COMMI~I~ OF. THE C~OF ~AN (THE 'BOAR~OD~IS~ION~ TO PHYSi~Y EN~R, UPON'THE PROPE~ AND ~ THE.~OPER~ IN ~NNE~ON WITH MWOUR PENDIN~ APPLI~ON, {/'WE HEREBY W~IVE ANY' DIrECTiON OR DEFENd-" lANE MAY HAVE. DUE TO THE QUA~I-JUDI~ ~TURE OF PROCEEDINGS, R~SULTtNG. FROM A~ BOARD/CO~ISSlON M~BER E~ING OR' ~JN~ THE PROPERS, INCLUDING ANY C~lM OR' ASSER~ON ~AT ~/OUR PRDCEDU~ OR $UBETA~I~ DUE PROCE~ RIG.S UNDER ~: FCORIDA CONSTI~ZION OR ~E.UN~ ~A~5 C~s~T~ION WERZ.~D~TED. ~ SUCH ENTERING OR THiS WAIVER AND CONEENT tS.BEING;SiGNED BY MWUS' ~LU~ARILY AND NOTAS A RESULT OF' ANY ~ERCION APPUED OR¸ MY COM'MI.q,~iON ~ CC D50345 t~Jp~ 3of3 Permit Appllc~on NO. supplemental' information Final Plat Approval ,/1.. The following information is required'o"*n all final plats; '~ ~ a. Name of subdivision. */ b, Title: Block. '/" c. Legal· De-~cription. d, Index Sheet; e. The final' plat' shall ¢~mply. with Chapter 177, Florida Statutes, and' shall sllow, all lengtl3s of arcs tegeffierwith central angles~ ~adli, and points~ of curvature.. Scale, /__~. g, North arrow on every shoe:, ~leadng or azimuth reference shall De clearly stated, on the face~ orfirst page of'the-plat, ./-- h. The point· of beginning shall be. boldly shown. AIl; int~emecting street' right-of, way shall be joined by the. long; ~rd. of minimum· radi-s of twenty-five feet-anti all dimensions shown. // All adjoining: property shall be. identified by a subdivision title, plat- b~ok' and. page: or; if' unplat:ted, the lan d.shall be:. s designated.. If"the: proposed.-prat borders' upon any public: water' bodies; delineate:~ the mean' high water line~ ×'-- I. Permanent'reference makers·shall 'be shown'. In the. upper right-hand'comer, provide a.l~me inch by five inches:space to be. used:by the: Clerk of Re circuit ¢~3ur~:for recording information. n, The' plat' snail be accurate with 0.01' foot and shalt be tied accurately to all township; range, and.semen lines. o, On' ~e coyer'sheet'.or first' pag~ show a vicinity sketch. Final Plat pe~m'it.A~pllcatjon No._ Jl q, The plat shell ~ontain the name of each stteet'sh~wn. ..~': r; All right-of, way and easements widths, and dimensions ~hall be shown o'n the. plat. ~- 2. Attached:the. fOllowing: ',-/a. Six copies, of' the final plat: (Two' sets,, must. be':~ealecl~). /V~/~ b. Three seal 'sets of as-built plans. T City of Sebastian, Florida OFFICE OF THE CITY ATTOP E AGENDA TRANSMITTAL Agenda No. ~)2,00_~ Subject: Ordinance O-02-01; Cell tower moratorium Date Submitted: 1/15/02 For Agenda of: 1/23/02 SUMMARY: Pursuant to the direction of Council, I have prepared a six-month moratorium ordinance for telecommunication towers. The Laud Development Code does not currently have any criteria for such structures and does not even address them as a separate land use. At this time, all surrounding jurisdictions have a moratorium in place, so the potential exists that Sebastian could be flooded with applications before criteria can be established. Notab]y, this ordinance exempts applications received prior to Council direction to enact a moratorium, as well as towers on City-owned property. The reason for the latter exemption is that the City can control what goes on those properties through its proprietary functions as the landlord. This item passed on first reading January 9, 2002. RECOMMENDED ACTION: Move to adopt Ordinance O-02-01. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER./"- ORDINANCE NO. 0-02-01 AN ORDiNANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELECOMMUNICATION TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATION TOWERS; PROVIDING FOR EXCEPTIONS; SETTING FORTH EXPIRATION; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, pursuant to Section 2(b), Article VIii of the Florida Constitution and Chapter 166, Florida Statutes, the City of Sebastian is authorized and required to protect the public health, safety and welfare, and may exercise any power for any governmental purpose except as expressly prohibited by law; and WHEREAS, pursuant to said authority and Florida Statutes 163.3202, the City has enacted land development regulations consistent with its adopted Comprehensive Plan, which protect the quality of life in the City of Sebastian; and WHEREAS, the City's. Land Development Regulations do not contain any regulations regarding location and criteria for commercial communication towers; and WHEREAS, good land planning and concern for the quality of life in our City dictate that tall structures not be placed haphazardly or allowed in a greater number than need be; and WHEREAS, the Telecommunications Act of 1996 specifies that the authority of local governments over the placement, construction and modification of wireless telecommunication towers is not limited thereby, subject to certain enumerated conditions; and WHEREAS, the City has a very limited number of potential sites which may be appropriate for the installation of towers; and WHEREAS, the City recognizes the need for modem communications and for effective competition in the field, and also desires that the City residents receive adequate wireless communication services, provided that the facilities are designed and located to minimize safety and aesthetic concerns; and WHEREAS, towers can be designed and installed in ways that will minimize safety and aesthetic concerns; and WHEREAS, these design and installation methods need to be reviewed by the City; and WHEREAS, the City requires a reasonable time period to study the technical aspects of the telecommunications industry as they impact land use decisions so that the City Council can properly plan for and consider the adoption of wireless communication regulations that meet national and local goals and legislative mandates; and WHEREAS, in view of the foregoing and the absence of any existing regulations, a situation exists justifying an immediate moratorium on commemial communication towers; and WHEREAS, a moratorium will be of temporary impact to property within the City; and WHEREAS, this moratorium is enacted in good faith, without unjust discrimination, in reliance upon the decision of Sprint Spectrum, L.P.v. City of Medina, 924 F. Supp. 1036 (W.D.Wash. 1996) and is of the minimum feasible duration; NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. MORATORIUM. Except as otherwise provided herein, no application for any permit or other development order relating to telecommunication towers shall be accepted including, but not limited to, site plan review, conditional use approval or building permit approval, for a period of six months from the effective date of this ordinance or until adoption of new land development regulations applicable thereto, whichever shall occur first. Section 2. apply to: 1) 2) EXCEPTIONS. The prohibition set forth in Section 1 hereof shall not Any tower which is determined by the City Council to be necessary to any governmental utility or emergency communications system; or Adding an antenna to an existing structure so that the height of the original structure is not increased by more than 10%; 4) Section 3. are hereby repealed. Section 4. Repair of any existing tower; Any tower placed on City-owned property; or Any complete application for a tower that was on file with the City as of December 1, 2001, which is subsequently determined by the City Council to meet all applicable requirements of City Codes. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith SEVER. ABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall take effect immediately following its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill Councilmember Ray Coniglio The Mayor thereupon declared this Ordinance duly passed and adopted this 23rd day of January, 2002. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian, Florida Subject: Public hearing for Ordinance No. O-02-03, revised conceptual development plan for a 2.25-acre tract of land within the Villages of Lake Dolores Planned Unit Development Mobile Home Park. Armroved~for Su.~m~t~l ~y: Agenda No. O 2 ~ El¢~ (~ Department Origi,,n/i Growth Management Tracy E. Hass~b~ Date Submitted: January 15, 2002 For Agenda of: January 23, 2002 Exhibits: Ordinance No. O-02-03, Conceptual Plan, Location Map, an,d.,,P,,,&,Z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQI_YlRED: None REQUI/~D: None None SUMM.A~Y Villages of Lake Dolores PUD-MI-I consists of a 2.25 acre tract of land situated immediately south and adjacent to Park Place PUD (a 145-acre mobile home community). The 2.25 acre tract of land originally was included within the Park Place PUD for zoning purposes, but was only listed as a furore development area. The property owner has submitted a request to develop the 2.25 acres, consisting of 9 mobile-home lots and a .23 acre tract set aside for a private utility site. The private utility site will be developed during phase I, and the remaining residential construction is slated for phase II. The conceptual plan outlines the required plan detail, including a proposed internal roadway network and requisite stormwater tracts. The preliminary development plan shall incorporate specific details in regm'ds to stormwater management tracts and or lands. The proposed constitutes a ~oss density of 4.45 units/acre, well within code limitations of 5 units per acre. The Planning and Zoning Commission reviewed the revised conceptual development at their regular meeting on December 06, 2001. Additionally, the Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request. RECOMMENDED ACTION Hold a quasi-judicial hearing and adoption hearing and move to pass Ordinance No. O-02-03. ORDINANCE NO. 0-02-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR THE VILLAGES OF LAKE DOLORES PLANNED UNIT DEVELOPMENT TO PROVIDE USES FOR A 2.25 ACRE TRACT ORIGINALLY DESIGNATED FOR 'FUTURE DEVELOPMENT'; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Atlantic Coast Tower of Florida, inc. has filed a petition for amendment to the Conceptual Development Plan for the Villages of Lake Dolores PUD to provide uses as a telecommunications tower site and mobile home lots for a 2.25 acre tract originally desig-nated for "Future Development"; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida,. has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council finds that the proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and. being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Schedule "A" Section 2. AMENDMENT OF CONCEPTUAL DEVELOPMENT PLAN. The Conceptual Development Plan of the Planned Unit Development Residential for the real property described in this Ordinance (Villages of Lake Dolores PUD) is hereby amended in accordance with the attached rendering to a +10,000 square foot Communications tower site and 9 mobile home lots as shown therein. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILiTY. In the event a court of competent jurisdiction shall hold that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions, it shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. Following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become effect/ye. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by COUncilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill Councilmember Ray Coniglio The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of February, 2002. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Cleric By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney "Schedule A" DESCRIPTION OF PARENT TRACT DESCRIPTION PREPARED IN ACCORDANCE WITH CLIENT IIV..~TRUCTION A parcel af land being a portion of ~he Southwest 1/4 of the Sou[beast 1/4 of the Northwest 1/4 of Section 29, Township ;31 South, Ronc~e 39 East, Indian River County, Florida, said parcel more particularly described os follows: . st corner of said Southeast 1//4 of the North- Commencing at the Southwe ...... 1 west 1/4 of said Section 29, proceed South ~ om 9" East along the South line of sold Southeast 1/4 of the Northwest 1/4 of Section 29 c~ distance of 25.00 feet to o point on the East right-o,f-w~Y. (r/,w),line of 65th Avenue (o.k.n. Broxton Road); thence North DO' 22 47 WesT, orang said East r/w line, a distance of 50,08 feet to the POINT OF BEGINNING of continue North 00' 22' 47" the herein described parcel of land; thence West along said Eo.st r/w line, o distance of 104.5B feet; thence deporting said East r/w line, North 8g' 2f7' 15" East o distance of 648.0;S feet; thence South 00' 25' 22" East a distance of 16~S.61 feet to o point on said South line of the Southeast 1/4 of the Northwest 1/4 of Section 29; thence North 89' 35' 19" West along said South line a distance of 548,19 feet: thence deporUng said South line, North 00' 15' 5.3" West o distance of 50.08 feet; thence North 89' 55' 24" West o distance of 100,12 feet to the POINT OF' BEGINNING. Containing on oreo of 2.25 acres, mare or less. The above described property lying within the City limits of Sebastian, Florida, according to the To× Assessors Mop of Indian River County, Florida. HOME; OF PEMC. j~ Growth Management Department Conceptual Development Plan Planned Unit Development Approval Application Staff Report Project Name: Villages of Lake Delores PUD-MH Requested Action: Conceptual Development Plan Approval. Project Location a, Address: b, Legal: See development plan c. Indian River County Parcel Number: Project Owner: Nelson Hyatt 2512 Kelly Drive Sebastian, Florida 32958 561-589-4111 Project Agent: Lee Chapman, Atlantic Coast Tower of Florida; Inc. 1201 U.S. Highway 1, Suite 230 North Palm Beach, Florida 33408 561-694-9445 fax: 561-694-6817 Project Engineer: Russell Morrison, Kimley-Horn & Associates, Inc. 4431 Embarcadero Drive West Palm Beach, Florida 33407 (561) 540-0819 fax: (561) 863-6392 Project Surveyor: William Zentz & Associates, Inc. 684 Old Dixie Highway Vero Beach, Florida 32962 (561) 567-7552 fax: (561) 567-1751 Project Description Narrative of proposed action: Villages of Lake Delores PUD,MH consists of a 2.25 acre tract of land situated immediately south and adjacent to Park Place PUD (a 145-acre mobile home community). The 2.25 acre tract of land originally was included within the Park Place PUD for zoning purposes, North: East: South: West: but was only listed as a future development area. The property owner has submitted a request to develop the 2.25 acres, consisting of 9 mobile-home lots and a .23 acre tract set aside for a private utility site. The private utility site will be developed during phase I, and the remaining residential construction is slated for phase II. The conceptual plan outlines the required plan detail, including a proposed internal roadway network and requisite stormwater tracts. The 'preliminary development plan shall incorporate specific details in regards to stormwater management tracts and or lands. The proposed constitutes a gross density of 4.45 units/acre, well within code limitations of 5 units per acre. Current Zoning: PUD-MH Adjacent Properties Zoning Current Land Use PUD-MH Park PEace PUD-MH A-1 (County) Wabasso Recreation area RM-6 (county) Residential RM-6 (county) Residential Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Conceptual Development Plan criteria Future Land Use R-MH R (County 1unit/acre) R (County 1 unit/acre) R (County 1unit/acre) 2.25 Acres Vacant Archbold Scrub oaks, pines Zone X Indian River County Utilities Indian River County Utilities Barber Street Sportsplex - 2 miles Sebastian Police 4 miles Indian River Fire - 2 miles Evidence of unified control of the proposed planned development and the associated agreements required, yes b. Ownership Requirements, yes 2 c. Compliance with comprehensive plan. 10. (1) Future Land Use: (2) Traffic Circulation: (3) Housing: (4) Public Facilities: (5) Coastal Management: (6) Conservation: (7) Recreation and Open Space: Consistent Consistent Consistent Consistent Consistent Consistent Consistent Compliance with applicable ordinances, Consistent Land use compatibility. Villages of Lake Delores PUD-MH consists of a 2.25 acre tract of land situated immediately south and adjacent to Park Place PUD (a 145-acre mobile home community). The 2.25 acre tract of land originally was included within the Park Place PUD for zoning purposes, but was only listed as a future development area. The Wabasso Recreation area and park is immediately East of the subject property. And adjacent properties to the South and West are single family residential. Adequate public facilities. Provided - public utilities (water, wastewater) are available and will be required as an essential element of the preliminary development plan. Natural environment, No significant natural features are present within the proposed development. Economic effects. Additional demand on public services will result from development of the existing vacant land (mainly police protection). Orderly development, provided Public interest. The City of Sebastian Land Development Regulations encourages planned unit development of vacant tracts. The original Park Place PUD incorporated the subject 2.25 acres as a future development area. Therefore, submittal of the conceptual development plan is consistent with the original Park Place PUD and public interest. Other matters, none Contents of Conceptual Development Plan: a. Vicinity map: provided 3 Property boundaries: provided existing conditions: provided Development plan. (1) land use: provided (2) Circulation: provided -the conceptual roadway design plan has been incorporated within the plan. Proposed access will be via 88"' street, located North of the proposed development. The preliminary development plan will be required to incorporate appropriate details in regards to required cul-de-sac turnarounds for traffic/emergency services safety purposes. Section 54-4-19.11: Dead end streets shall be prohibited except when designed as a cul-de-sac. Such streets shall not exceed 600 feet in length except where natural geographic barriers exist necessitating a greater length approved by the city engineer. When constructed with a curb and gutter, cul-de-sacs shall have 50 feet of right-of-way approach to a 90-foot diameter turnaround circle. When constructed with swale drainage, cul-de-sacs shall have 60 feet of right-of-way approach to a 100-foot diameter turnaround circle or 50 feet of right-of-way with a dedicated easement 10-feet wide on each side. The conceptual plan has been modified to reflect the above requirements. (3) Conceptual drainage plan: provided - see item 13 below. (4) Densities: provided - 4.45 units/acre ($) Nonresidential square footage: 10,000 SF +/- (land area) Written material: Planning objectives: provided - The intent of the project owner is to develop the Planned Unit Development Mobile Home subdivision containing up to 9 mobile home lots, in addition to a .23 acre public utilities site for possible development of a communications tower. (2) Development schedule: provided anticipated to begin construction January 2002 with completion by January 2004. (3) Environmental impact statement: No environmentally sensitive or significant lands exist within the property boundaries. 4 11. 12. 13. 14. (4) Public facilities impact statement: not provided (a) Quantity of wastewater generated; provided - 9 units @ 225 GPD (gallons per day) = 2025 GPD. (b) Description of proposed recreational .facilities; none proposed (c) Quantity of potable water required; provided - 9 units @ 225 GPD = 2025 GPD. (d) Estimated number of school age children expected within the development; provided - 2.25 for development. Statistics provided by U.S. Census and National Center for.Educational Statistics. (e) Estimated property tax and/or sales tax revenue generated by the project by phase; and provided - estimated property ;tax revenue generated will be approximately $4,380 per year based on current millage. (f) Any other positive or negative public facility impact. In addition, the statement shall also include all public facilities impact information that may be submitted as part of the Development of P,egional Impact (DP, l) review process, as applicable. f. Additional information: Open space, and landscaped areas: City Engineer's review: Other Matters: Staff recommends lot 9 be reserved for a stormwater management tract, therefore, leaving 8 residential lots at a residential density of 3.96 units per acre. Reason being is remaining lands will not provide sufficient area for inclusion of required stormwater drainage and perimeter/landscape buffering. Analysis: Villages of Lake Delores PUD-MH consists of a 2.25 acre tract of land situated immediately south and adjacent to Park Place PUD (a 145-acre mobile home community). The 2.25 acre tract of land originally was included within the Park Place PUD for zoning purposes', but was only listed as a future development' area. The property own'er has submitted a request to develop the 2.25 acres, consisting of 9 mobile-home I°ts and a .23 acre tract set aside for a private utility site. The private utility site will be developed during phase I, and the remaining residential construction is slated for phase I1. The conceptual plan outlines the required plan detail, including a proposed internal roadway network and requisite stormwater tracts. The preliminary development plan shall incorporate specific details in regards to stormwater management tracts and or lands. The proposed constitutes a gross density of 4.45 units/acre, well within code limitations of 5 units per acre. 5 15. 16, Conclusion: The proposed PUD is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. Recommendation: Staff recommends the Planning and Zoning Commission recommend approval, to City Council, of the Villages of Lake Delores Conceptual Development Plan, with the following conditions: 1. The preliminary deVelopment plan shall incorporate specific details in regards to stormwater management. 2. Staff recommends lot 9 be reserved for a stormwater management tract, therefore, leaving 8 residential lots at a residential density of 3.96 units per acre. PREPARED BY / DATE PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2001 Chairman Mather commented that he has enjoyed his six (6) years on this Commission but he thinks that's enough so he. is stepping down. Mr. Rauth inquired about the activity at Paradise Marina on Indian River Drive. There was discussion on this subject. Mr. Barrett recommended that Mr. Svatik(a) be consulted about the pending telecommunication regulations since that is his expertise. Tracy recognized this request. DIRECTOR MATTERS: Tracy noted that the County is including the City' of Sebastian on .mailing lists for information updates on the telecommunication subject, and staff will be attending their public workshop on this issue. He added several other comments. In reference to the subject of canopies, Tracy noted that the Building Official has been asked to contact indian River County to inquire about any ordinances they may have. He anticipates having an ordinance drafted in the next couple of months. ATTORNE'Y MATTERS: Atty. sIringer indicated that he does not feel that telecommunication towers meet the definition of "utility" or "essential services". He also noted that the PUD at Park Place (Villages of Lake Dolores) had only a partial conceptual plan which designated a number of tracts as "future development" which had no zoning classification, and which were noted as anticipating future commercial & residential uses. He indicated that in order to use those parcels, the conceptual aspect of the PUD must be amended with a zoning designation. He recommended that the Commission, tonight, make a motion to reconsider and reschedule another hearing at the next meeting, Mr. Rauth inquired as to how TV cable is handled since that was not envisipned either when the zoning was developed, Atty. Stringer responded that the concept is the transmission of these services into the neighborhood and originates from a source and has to be brought into the neighborhood. Mr, Rauth then asked how the point will be argued that cell phones may be an essential service now because of the times that we live in. Atty. Stringer responded that it is not necessary to bring it into that neighborhood in order to deliver it, and it may be allowed under public service zoning, Mr, Rauth then asked why the argument wouldn't be based on height limitations in a residential area. Atty. Stringer responded. There was more discussion and Atty. Stringer thought it would hold up on appeal and that cell phone use is not a customary use of land. Chmn. Mather opined that this could be a logical progression in terms of communication in the modern generation, There was more discussion on this issue. Atl:y. Stringer agreed that the City needs to develop specific regulations on this issue and deal with towers separately because they don't fit the traditional mode. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2001 In response to an inquiry from Mr. Barrett, AAy. Stringer responded that the Commission needs to go back and revisit this issue since it was quasi-judicial, and reschedule it for the next time. He indicated that staff would reschedule it. Mr. Mahoney asked about the applicant having moved forward and incurring expenses in the subsequent two weeks. Ms. Monier(a) asked about staff's position in rezoning land to Public Service. Mr. Barrett asked that Atty. Stringer be present when this issue comes back before the Commission. MOTION by Barrett./Mahoney I make a motion to reconsider the previous aPproval of the telecommunications tower, the hundred and seventy-five (175) footer, for Atlantic Coast Tower of Florida, at Villages of Lake Dolores, Park Place PUD. Roll call: VC Vesia - yes Mr. Barrett - yes Mr. Mahoney - yes Ms. Carbano - yes Ms. Monier(a) - yes Chron. Mather - yes Mr. Rauth - yes The vote was 7- 0. Motion carried. Atty. Stringer then announced that the City now owns the almost ten (10) acre parcel behind City Hall. Ms. Monier(a) inquired about the possibility of using a 25 ft. height restriction east of U.S. ¢1 in the townhouse regulations to protect the riverfront district. Atty. Stringer indicated that an amendment could be made in the LDC to accommodate that request. There was discussion dn this issue and he suggested that this change may not be wanted in the entire riverfront overlay district. Atty. Stringer then informed the Commission that Indian River County now owns Gibson Street and they are processing the abandonment of it. It is a major collector and he indicated that Schumann Drive is also a major collector and noted similarities that would influence maintenance responsibility. There was discussion. Chmn. Mather adjourned the meeting at 7:55 P.M. (10/8/0'1 AB) City of Sebastian Development Order. Application Permit Application No. Applicant .(.If not owner written authorization (notarized) from owner is required) Name: Atlantic Coast Tower of Plorida, Inc. Address; 1201 US ~ighwa¥ One Suite 230 North, Palm Beach. FL Phone Number. .( ) - · FAX Numbe~. ( 561 694 9445 561 694 6817 33408 E-Mail: lee@atlanticcoasttower, com Owner (If different from applicant) Name: Nelson Hyatt Sebastian, F..L 32958 FAX Numbe~. ( ) Address: 2512 Kelly. Drive Phone Numben ( ) - 561 589 4111 E-Mail: IType of permit or action requested: see attached OOM¢_.,~)~ ~'~ p/,..~ -- pOLlO-/¢'/ ~ PLEASE COMPLB'FE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIE. S OF ALL MAPS, SURVEYS, DRAWINGS, ETC. sHALL B'5 ATTACHED AND 81/2' 8¥ 11" COPIES OF ANY A"FFACHMENTS SHALL BE INCLUDED. AT'TACH THE APPROPRtATE SUPPL~METAL INFORMATION FORM. Project's Name (if applicable): B. Site Information Address: 64th Avenue Village of Lake Dolores Lot: Block: Unit: .Subdivision: Indian River County Parcel #: Zoning Classification: Future Land Use; Existing Use: Proposed Use: C. Description of proposed activity and purpose of the requeste.d permit or action (attach extra sheets if necessa~.sta~l'ation of telecommunications facility DATE RECEIVED:-ll FEE PAID: Form CD-20O'~ Page ~ of 3 Development Application R e vi.sia n: [ Fiie Name: Doa Permit Application Ne. D. Project Personnel: ~ Agent: Name: Lee-Chapman Atlantic Coast Tower of Florida, Inc. Address 1201 US Highway One Suite 230 North' Palm Beach, FL 33~08 Phone Numben ( - FAX Numben( ) - 561) 694 9445 561 694 6817 E-Mail: lee@atlanticcoasttower.com Attorney: Name: Warren. Dill Dill & Evans, L.C. Address 1515 US Highway One Suite 201 Sebastian, FL 32958 Phone Number, ( ) - FAX NumDer, ( ) 561 589 1212 561 589 5212 E-Maih F_.nqineer: Name: Russell Morr±Son Kimley-Hora & AssociA,,t..,e._s, Inc. Address 4431 Embarcadero Drive West Palm Beach, FL 33407 Phone NumbeF. ( ) FAX Number;. ( ) - 561 840 0819 561 863 6392 E-Mail: rmorr i son@kiml ey-horn, com Surveyor; Name: William 5entz & Associates, Inc. Address 684 Old Dixie Highway Vero Beach, FL 32962 Phone NumbeF, ( ) - FAX Numbe~. ( ) 561 567 7552 561 567 1 751 E-Mail: wbz@gate, net I, ' ~ ~/~/~]'~ , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: __ I AM THE OWNER ....... ~ I AM THE Li=GAL REPRESENTATIVE OF THE OWNER OF THE PROPER'F~ DESCRIBED WHICH tS THE SUBJECT ~ER OF THIS APPUCATION, AND THAT A~ THE INFQR~T~ON, ~PS, DATA AND/OR S~CHES PROVIDED tN THIS APPLICATION ARE ~~ ~AND TRUE TO THE BEST OF ~ ~OWLEDGE AND BELIEF. WHO IS PEr. OWN TO M~R PEODUC5D COMMISSION NO./~PIRATION iForm CD~200'~ Approved: 08,/2WgT Aeent Authorization Mr. Nelson Hyatt Village of Lake Dolores, Inc. 2512 Kelly Drive Sebastian, FL 32958 RE: Sebastian PUD Amendment 64th Avenue Please accept this signed and notarized document authorizing Atlantic Coast Tower of Florida, Inc. to act as agent for the property owner in the submission of any applications and supporting documentation, and to attend and represent the property owner at all meetings and public hearings pertaining to the amendment of the Park Place/Village of Lake Dolores PUD to allow for the installation of an unmanned telecommunications facility as described in the attached documents at the location noted above. As owner of the subject property, I (we) consent to the terms and conditions that may arise as a part of the approval of these applications. Title: STATE OF FLORIDA COUNTY OF~JA kCc~\ 0~ \ . ;lXhe foregoing instrument w~as, ackno,.wledged before me th~s ~ ¢ day of (~ ..~, 2001~.by ~,/&~ ~ dc~/.zc---~. He/she is personall~nown to me or has pro-duPed ~ .~]~ ~ ~ (~ts identification. (NOTARY SEAL).. '~l~J.~,~:" EXPIFIES: S~pt~mb.r 1~. 2004 3NOJ.S~J~ m~tlJ.5 g£1Blq Il,ID PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 6, 2001 Roll call: VC Vesia - yes Mr. Mahoney - yes Mr. Barrett - yes Mr. Svatik - yes Ms. Carbano - yes Mr. Rauth - yes Mr. Smith - yes The vote was 7 - 0. Motion carried. B. Public Hearing - Recommendation to City Council- Revised PUD Conceptual Plan - Village of Lake Delores (See below) OLD BUSINESS: C, Quasi-Judicial Public Hearing - Reconsideration of Site Plan Approval - Atlantic Coast Telecommunication Tower - Village of Lake Delores/Park Place PUD Atty. Stringer informed the Commission members of some criteria they must consider when evaluating this issue, including issues within the PUD. Attorney Warren Dill, 1515 U.S. 1, Sebastian was present representing Atlantic Coast Tower, Inc., and introduced Lee Clqapman and Dave Herring of Atlantic Coast Tower, Inc. Atty. Dill suggested combining the discussions of this issue with that of the Site Plan Reconsideration since they are rather dependent on each other. (Amy Schreck, a registered professional cour[ reporter was present for Atlantic 'Coast Tower, INC.) After a question from Mr. Smith, Atty. Dill went on with his presentation and registered his objection of this procedure that is required tonight because of the present zoning on this PUD which permits public and private utilities, and he noted two other towers in the City of Sebastian that were approved under this definition. He commented on the County moratorium on telecommunication towers, and handed out packets of information to all Commission members and staff that contained Exhibits A, B, C, and D (7 photographs of the site). He then continued with his presentation. Mr. Lee Chapman, President of Atlantic Coast Tower of Florida, provided information on the methods of determining placement of telecommunication towers in Florida, and various other informative details on the use and function of these structures. Mr. Barrett commented that after visiting the site, and contrary to his previous views, he felt it was a good location for this tower. Mr. Rauth asked if any additional guidance is available for determining "essential utility". Atty. Stringer responded with information on the previously approved telecommunication towers already established in Sebastian. He also emphasized that if this Site Plan is denied, the Commission must explain the reason for denial. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 6, 2001 There was fur[her discussion about the height of the towers, the difference between public and private utilities, coverage area of the subject tower,-and the zoning issue. MOTION by BarrettJ'Carbano I'll make a recommendation that we recommend to City Council the approval of the revised PUD conceptual plan for Phases I and ii, Village of Lake Dolores, Park Place. Roll call: Acting Chmn. Vesia - yes Mr. Barrett - yes Mr. Mahoney - yes Mr. Smith - yes Ms. Carbano - yes Mr. Svatik - yes Mr. Rauth - yes The vote was 7- 0. Motion carried. Mr. Mahoney inquired about several issues on the staff report. MOTION by Barrett/Carbano I'll recommend that we approve the site plan for the Atlantic Coast Telecommunication Tower at the Village of Lake Dolores with the staff recommendation number one, and adding number two (2) that the tower will never exceed one-hundred and seventy-five feet with any extensions, and subject to Council approval of the PUD. Roll call: Acting Chmn. Vesia: - yes Mr. Barrett ~ yes Mr. Svatik - yes Mr. Mahoney - yes Mr. Smith - yes Ms. Carbano - yes Mr. Rauth -.no The vote was 6 - 1. 'Motion carried. CHAIRMAN MA"FFERS: MEMBERS MATTERS' None Mr. Mahoney asked some questions about the aquaculture facility being constructed on Indian River Drive. He also inquired about a recent news article about the extension of Jackson Street. Mr. Hass responded. It was noted to Mr. Barrett that the moratorium issue would not be on the City Council agenda next week because of noticing and adver[ising requirements. City of Sebastian Subject: Planning & Zoning Commission Exhibits: Application, advertisements, board members Expenditure Required:I Amount Budgeted: Agenda No. Department Origin: 'Date Submitted: For Agenda of: OZ,oI City Clerk<~''''' 1/15/200~ 1/23/2 Appropriation Required: SUMMARY STATEMENT The Planning and Zoning Commission has an alternate member position open due to the term expiration of Lisanne Monier, who is eligible for reappointment, has updated her application and would like to be reappointed. No other applications were received. RECOMMENDED ACTION Interview applicant, unless waived, and appoint to the following position: 1. Alternate member position with term to expire January 1, 2005. APPLICATION TO SERVE ON C ...r~ BOARD/COM'MTI'TEF~ Do YOUCr.mmm~¥'.~OL~~uc om-~cm -" ' ' '-'-':"--"" · DO YOU'PI:LES~Y gl~;R"q'E ON .A.IgY OTI.-II~ CIT~ BOARD O:R COM/vl~... TEE? BO~ OF~~ '" ''~'' :"'"':'":' ' ' ": " ' '" '".' ' '" " CODE ~ORCE~ BO~ .... P~G ~ ZO~ CO~S~ON POLICE ~ BO~ OF ~US~3 OT~K ~O~Y CO~ LIST ANY ADDITIONAL QUXLIFICATIONS. TO sEKVE ON,. BOARD .OK CO~: ..... :..~ ~, : . .,. ,,. · . .. · .... ! - ,. . ,, ~..~., -. ~,~,.,.~. ~. . . . - '~ ;.,. ............. -.'.,: ,.:....: ..... · .... I-IAV~ YOU EVeN BEEN CONVICt"OF ANY MISD~0R Ib~. OLVING MORAL ........ . ...... ':_ '<. j'.... . -' : :....:..,:,. womb rOU cO~sm~ s~o o~ z ~o~.o~ ~ ~ . I'~w .b: provi~ with, mad 2-173 (~). ~on ~l~vc .: ~own "to mc, .or has 'produ=d ,i *,,'~b.;i~.~','~~ Bon~et~ T~ru Notary PUb c Onden~r ers \wp-k:rmLappli:at.wpd my. 4/$/99 PLANNING & ZONING COMMISSION 3 YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M. MEMBER NAME AND ADDRESS Emil Svatik, Jr. 350 Watercrest Street Sebastian, FL 3295'8 388-5453 Jean (Brantmeyer)Vesia 1742 Sta~sh Lane Sebastian, FL 32958 569-3516 Charles C. Barre~,Jr. 357 Tunison Lane Sebastian, FL 32956 589-7755 William Mahoney 207DelawareAvenue Sebastian, FL 32958 589-B524 Richard S. Smith 787 Carnation Drive Sebastian, FL 32958 388-6142 Jean F. Carbano 433 Be~yAvenue Sebastian, FL 32958 581-1397 H 567-9154W APPOINTMENT HISTORY Appointed to Unexpired Alternate Member Position Vacated by Clarence Barton: 5/2312001 Term to Expire: 11/1/2001 Appointed to Regular Member Position' Vacated by Kelly Mather: 10/24/2001 Term to Expire: 11/112004 Is in 1't Full Term Regular Member year Appointed to Unexp. Alternate Position Vacated by Schulke Term to Expire: 1/96 Appointed to Unexp. Regular Member Position Vacated by Goldstein: 11/95 Term to Expire: 4/96 Reappointed to Regular Member Position: 5/96 Term to Expire: 4/99 ReapPointed to Regular Member Position: 4/14/99 Term to Expire: 4/2002 Is in 2"d Full Term and 6th Regular Member year Appointed Unexpired Regular Member Position Vacated by Fischer. 1/27/99 Term to Expire: 5/1999 Reappointed to Regular Member Position: 4/24/99 Term to Expire: 5/2002 ?at Full Term - 3rd Regular Member Year Appointed to Alternate Member Position Vacated by Shirley Kilkelly: 11/18/98 Term to Expire: 1111/2001 Appointed to Regular Member PositiOn Vacated by Pliska: 1/12/2000 Term to Expire: 2/1/2002 Is in 2~ Regular Member Year Appointed to Alternate Member Position Vacated By Mahoney: 2/23/2000 Term to Expire: 11/1/2001 Appointed to Regular Member Position Vacated By Gerhold: 7/2612000 Term to Expire: 6/112003 Is in 1st Regular Member Year Appointed to Alternate Member Position Vacated by Evely: 2/2312000 Term to Expire: 1/1/2002 Appointed Regular Member Position Vacated by Schulke: 12121/2000 - Term to Expire:6/2001 Reappointed Regular Member: 6/13/2001 Term to Expire: 61112004 Is in 15t RegularMember Year g? Gene A. Rauth 732 Cleveland St. B-15 Sebastian, FL 32958· 388-9403 H Shed L. Reichert - Alternate 772 Cavern Terrace Sebastian, FL 32958 388-1911 Lisanne Monier - Alternate 1125 US Highway 1 Sebastian, FL 32958 581-2626 Appointed to Alternate Member Position Vacated by Carbano: 1/1012001 Term to Expire: 1/1/2002 Appointed Regular Member Position Vacated by O'Donnell: 5/9/2001 Term to Expire: 11/2002 Is in 1~ Regular Member Year Appointed to Alternate Member Position Vacated by Emil Svatik: 10/24/2001 Term to Expire: 11/1/2004 Appointed Unexpired Alternate Member Position Vacated by Verge: Term to Expire: 1/1/2002 Staff Liaison - Growth Management Director Board Secretary - Dorri Bosworth 1225 Main Street- Sebastian, Florida 32958 Phone: 561-589-5330 Fax: 561-589-5570 city@ cityofsebastian.org January 2, 2001 PRESS RELEASE PLANNING AND ZONING COMMISSION THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL ONE ALTERNATE MEMBER POSITION ON -I'HE PLANNING AND ZONING COMMISSION. QUALIFICATIONS: RESIDENT OF THE CITY OF SEBASTIAN THIS BOARD MEETS ON THE FIRSTAND THIRD THURSDAY OF EACH MONTH AT 7:00 P.M. IN THE COUNCIL CHAMBERS, 1225, MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, E~EI'WEEN THE HOURS OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED THROUGH MONDAY, JANUARY 14TM, 2002. City of Sebastian Subject: Handicapped Self-Evaluation Committee /~~~0r Submitt~].b~ Manager Agenda No. 0 Z. 0 I ~ Department Origin: City Clerk Date Submitted: 1/15/200~ For Agenda of: 1/23/200i1~ Exhibits: Letters of interest, application, advertisement, board members Expenditure Required: I Amount Budgeted: I Appropriation Required: SUMMARY STATEMENT City Council re-established the Handicapped Self-Evaluation Committee by Resolution R-01-80 on November 28, 2001. The terms of the members will be for three years commencing January, 2002. Three of the original five members, Harry DiSalvio, Keith Miller and Catherine Ackerman, have submitted letters of interest in continuing as members. The other two were not able to continue as members. We advertised for two additional members and received one application from Inez Fielding. We will re- advertise for one more member. RECOMMENDED ACTION Interview applicants, unless waived, and appoint to the following positions: 1. Reappoint Harry DiSalvio 2. Reappoint Keith Miller 3. Reappoint Catherine Ackerman 4. Appoint Inez Fielding - Regular member - Term to expire January 1, 2005 Regular member - Term to expire January 1, 2005 - Regular member - Term to expire January 1,2005 - Regular member - Term to expire January 1,2005 The original applications of the former members have not changed and were not included in the back-up. ~, ~,- ,-qE~,A~TIA,N 20~1 r',r~ I0 PP1 1'2 HR 7~ 961 Riviera Avenue Sebastian, FL 32958 December .19, 2001 To Whom it May Concern: I am interested in continuing as a member of the Handicapped Self-Evaluation Committee. I can be reached by phone at 388-9004. Thank you for considering me once again for this position. Sincerely, Keith D, Miller "~, /{j APPLICATION TO SERVE ON CITY BOA_RD/CO~TEE (Ail City Board and Committee Members Must be Residents of the City- of Sebasti~) HOME ADD1LES S: H01vI~ FAX: BUSI2q-ES S ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A REOISTERED VOTEK? u'~f2.% VOTER t~a. NO. HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? i q /4~'~ - DO YoU CURRENTLY HOLD ANY PUBLIC 0FFICE? DO YOU PRESENTLY SERVE ON ANY O/IdlER CITY BOARD OR COMMITTEE? /V-'C.7~ WHICH BOARDS/COMMZTTEES? PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #h .f BOARD OF ADJUSTMENT CI-IAKTBR REVIEW COMMITTEE (serves only 6 monfl~s every 7 years) CITIZENS BUDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOA_RD CONSTRUCTION BOA.RD t4__ANDICAPPED SELF-EVALUATION COlvlA~TTEE PLANNING AND ZONI2',IG COM/VIZSSION POLICE RETIREIViENT BOARD OF TRUSTEES PARKS & RECREATION ADVISORY COM:MITTEE TREE ADVISORY BOAR_D OTI-t:ER TEMPORARY COMMITTEE (%~RITE IN COMMITTEE NAlvIE) APPLIC_A_BLB EDUCATION AN-D/OR EXPERIENCE: (attach separate resume if necessary) REASONS FO/[ WANTING TO SERVE ON BOARD OR COMlv[[TTEE: ? LIST ANY ADDITIONAL QUALIFICAnONS TO SERVE ON BOA.RD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF A_NY FELONY D4 THIS OK ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN TillS OK ANY STATE? WOULD YOU CONSIDER SERVING ON A BOAKD OTI~IF~R ~ TH~ ONE(S) SELECTED ABOVE? I hereby certify tl~at I am qualified to hold tl~e position for which this application is made. Further, I hereby authorize the City of Sebastim~ to investigate the truthfulness of all infom~ation which i have provided i~ this applieation. I understartd that m~y misrepresentation or omission of information requested in this application is cause for disqualification. Subscribed I have been provided witlh read m~d understand City of Sebastim~ Code of Ordinances Sections 2-1. 66 througll 2-173 (attached). Information relative to a specific board or committee is available ifrequestert. Appl, i~,~nt Signature ._ ~ and sworn to before me tiffs ////~. day of-~.?-v&~:/'..~ , ~-~¢(,/~, by , ~ersonal~ly lamwn to e, or has produced as identification. .,,'~.'x*~. ~.~: ANN V. ROUSSEAU ~l~*."' ~'?,,'~- MY COMMISSION # CC 725840 \wp-form\applicat.wpd rev. 4~5/99 P.O. '7 0453 Sebastian, Florida 32978~ ,lfii'i 7 F~ ~g ~3 OBJECTIVE: To obtain a challenging growth in the company which would offer the opportum~ to effectively utilize my knowledge training and skills. EDUCATION: St. Francis College, Brooklyn, N.Y. · Degree: B.S. SPECIAL STUDIES: MAJOR: Community Health/Health Care Management (Certification) Wolverhampton School ofNursintL Wolverhampton Bngland Degree: Diploma K. IN. Major: 'General Nursing POSTGRAD][IATE TRAINinG: · 'Wolverhampton Eye Hospital, Wolv~rhampton England The Womens Hospital, Wolverhampton England Maternal & Child care, Neonatal nursing LICENSES: FLORIDA STATB 1LN. EXPEEIENCE: indian River County Pubhc Health' Unit, Vero Beach, Fla, Title: Community Health Nurse, Senior Community Healffi Nurse, Registered Nurse SpeciallY, Nursing Program Speciah~t, Coordinator Duties: Participates in General Clinic, Family Planning, STD, Maternity & Child care, Immunization, Vempuncture,Pediatric clinic, Medicaid screening, documentation, making appropriate refferals for school health activities. Audio-Visiual screening, consult with school personnel, students and review patients records. Organize, coordinates and conducts all clinics m the S *sml/te clirfic. Triage mid make:apWopriate refferals. Counsels on health i~sues, participates in, multidisciplin~ry team conference in the planning and inplementation of treatment. Acts as.liason between agency and migrant camp. Works in conjunction with the migrant school liasion worker ' to coordinate services and health needs of Hispanic families. Acts as resource person roi' migrant services. Makes evaluation of the homes environment and the fro-filly, ability and willingness to meet the patients needs. Supervision of health service assistants and clerk typist specialist. Visiting Nurse Association of Indian River County Title: Area Nurse Duties: Nursing Assessment to detect health problems administer medication, counsel mid teach patient/family to accomphsh goals. Diabetic teaching to patient and family, Venipuncmre, 1975-1978 1957-1960 1960-1961 1963-1964 1981- .. 1987-- 7 7 ~f Consults with physicians. Trico Hom~ Health Service Du6~: Nursin~ As~ssments, Diab~i¢ tea~hi~ to patiem/family, Venipuncmre, discharge planning. Consult with Physicians, $Ul~r,~ion ~Home H~alth 1984~1986 Kingshro~k Sewish Me~al Cemer, Brooklyn, N.Y. 'rifle: Assislant Head Nurse Duties: Bmergemoy Room Nurse, Gemnto]o~ Nurse 1970-1980 1992-1993. Down Stat~ Med/cal Center, Bro~ly~ N.Y. Title: SiaKNurse I:mties: M~ii,'eal Nursing assignmem 196~-1970 Wilson ~ml, ~ Surr~ England Tiffs: Nursing Supervisor D~tie~,: $ut~rvisor in ~ h~pital, 100 b~l~, Me~/Surgiaal, Worn,ns health, ort~¢, Pediairic Bmergen~ P,~m !966-196~ at. lam~ Holm! B~mm. Lo~ Engla~ Title: RtaffNurse 1964-1966 196~1961 SPECIAL Pazt membe~r Bmerg~nzy Room Nurses Aazo~aiion P~ mem~ New Y~rk 5~ N~es ~i~ ~ mem~r'M~n ~r Ci~c ~so~on Mem~ Flofi~ N~ses ~sufiafi~; Tr~umr f~ five y~s, ~ A~ ~c~ N~sea ~aion ~n~nfion 1990,92,94 lvi~mber CouneLl on Cultural Diwrs/ty in Nursing !h'a~tice(ANA) M~nber Fellsmere Health Coalition (past) Member Council on Public Health (past) Altended ANA study tour to England 1991 Attended ICN ,ANA Deglegafion in Madrid Spain 1993 Ombudsman -Long term Care Dist.#9 Gov. App;. 1998 -2001 Past membm- Children's Service NeV~vork Past Member Sebastian Charter Keview Committee Sebastian 75th Aniversary Committee,2000 Florida Nurse,s Association Board of Directors 9/1999--9/2001 HONORS Nurse ortho Year Indian ?riven' county Public Health Dept. 19S8 Nurse of the Year l~orida Nurse, s Association Dim .#17 1989' A~ANm-se Excellence Award ~ofida 1991 Ludusion WH0, S W/frO Americ4m Nurse 4th Edition 1993-1994 MmT Cash Award ~'~NA (CulturalDivexsity) 1994 Nurse ofthe Year FNA Dist.#17 1998 Barbara Lumpkin award FNA ( Polificfl Action ) 9,2001 1225 Main Street - Sebastian, Florida 32958 Phone: 561-589-5330 Fax: 561-589-5570 city@cityofsebastian.erg Januaw 2,2001 PRESS RELEASE HANDICAPPED SELF-EVALUATION COMMITTEE THE CiTY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL TWO MEMBER POSITIONS ON THE HANDICAPPED SELF'EVALUATION COMMITTEE. THIS COMMITTEE MEETS AT THE REQUEST OF THE HUMAN RESOURCES DIRECTOR, NO LESS THAN QUARTERLY. MEETING TIME AND PLACE TO BE ESTABLISHED. THE HANDICAPPED SELF-EVALUATION COMMITTEE SHALL EVALUATE ALL CITY OF SEBASTIAN OWNED AND OPERATED FACILITIES OPEN TO THE GENERAL PUBLIC TO ENSURE INDIVIDUALS WITH DISABILITIES HAVE EQUAL ACCESS, ALL APPLICANTS MUST BE RESIDENTS OF THE CITY OF SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CiTY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED THROUGH MONDAY, JANUARY' 14TM, 2002. HANDICAPPED SELF EVALUATION COMMITTEE This committee is currently under review by the City Attorney and may be officially disbanded. This board was originally established to comply with Federal Regulation governing facilities for the handicapped and reestablished to comply with the Americans with Disabilities Act (ADA) of 1990. In 1993 the City Council named the Human Resources Director as ADA Coordinator. This committee has not mat since 1999. The following individuals were members when the board last met: Harry Disalvio, Jr. 641 Braddock Street Sebastian, Florida 32958 (561) 589-3886 (561) 770-5416 Appointed: 6/93 with Term to Expire: 6195 Reappointed Regular Term: 7/95 Catherine H. Ackerman Appointed Alternate in 1995 to 8/96 118 Landsdowne Drive Reappointed to Alternate 9/96 to 8/99 Sebastian, Florida Appointed to Schum Unexpired Regular Member 7/97 (561) 589~1193 or 589-7829 ~erbert Albr~.~t /~¢ll;[.ointed to Kanf~.~-tg~.~expired Re~.l.at~'~-n.be[ Posi.ti~f~-~ ~ebastiag', Fiorida~~~ Keith D. Miller Appointed to Foster Unexpired Regular Member Position 9/97 961 Riviera Avenue Sebastian, Florida 32958 388-9004 ~Robe, Bro,~h, /¢~ted to Acker~~ired Alternate MCE~sition 9/25/97 649 BaCro¢ Terrace / To exp~e: 8/99 / · % ~ % lorida ~ Appointe~~g Regular Mem~n of Edra Young 2/25/98 Board Secretary - Joanne Sandberg 94 AGENDA TRANSMITTAL Subject: "Attachment A' Scope of Services Addendum to Master Stormwater Management Plan Agenda No. 0 7_. O{ (:, Department O.ri~_: Finance Dept.: ~~v~. General Services: ~ Date Sub~rfitted: 01/13/02 For Agenda of: 01/23/02 Exhibits: Attachment "A' Scope of Services Addendum City of Sebastian Master Stormwater Management Plan EXPENDITURE KEQUII/ED: $31,200.00 IAMOUNT BUDGETED: $45,000.00 APPROPRIATION REQUIRED: SUMMARY The proposed Attachment A is an addendum to the original contract between the City of Sebastian and Camp Dresser & McKee, Inc., to provide a Master Stormwater Management Plan. The proposed addendum adds fifty five (55) additional structures to the inventory and existing stormwater model and provides for a survey structure for the additional fifty five (55) structures, for a total lump sum fee of $31,200.00, including labor and outside professional services. The original budget included $45,000.00 as a contingency for just such a purpose, therefore, there is no requirement to appropriate additional funds. I:[ECOMMENDED ACTION Move to authorized the City Manager to execute Attachment A as an addendum to the original contract between the City of Sebastian and Camp Dresser & McKee, Inc., in the amount of $31,200.00. Scope of Gervices Addend~tm Master Stormwmtez M;armgemen~ ~an ]~AC_ICG ROLrl%I~ This i~ an addendmn to ~e ~g s~pe of s~ for ~e M~ Sto~wa~ Management Plan ~S~ for tke Ci~ of ~b~ (CLI~). The ~i~ of (C~ con~a~ ~ C~p D~ess~ & M~, ~c (CONSULT~ develop ~ M~ for ~e CLIE~. As p~ 0f ~at effo~ ~e CONS~TAI~ was to add a ~~m of ~ addi~onal ~~ ~ ~e ~g g~wa~ mod~ of ~e CONSULTA~ idm~ed a tot~ of 93 s~es ~ ~e s~mwa~r mo~ ~oma~on for 38 s~es was ~d~d~ ~ ~e ~ode] oz ob~ed ~om ~an ~%e 25 s~uc~es ~der ~e o~ a~e~t ~er~ote, ~ CONSULTANT ~~d ~ a4dmd~ ~ ~e o~ml cmua~ ~ add ~e addi~o~ ~es ~vm~ ~d ex~g sto~wat~r mod~ as we~ ~ ob~ s~c~re sm~ey. needed ~ c~p~te ~ ~o~.~e d~ed below: SCOPE O1~ SERVICES Task 1 E~'~g Sy~ In~m,tto~d iI~dat, e (S~ir~$k 2.1 ~ ~e' ~ a~~O - ~e CONSL~T~ wffi add ~ ~ pro~t b~e map ~ ad~ 55 s~s ~ven~rie~ d~g ~ed ~~. ~e CO~ULTA~ ~ffi add ~ s~es to ~e proje~ ~se map, ~or eac~ s~re ~v~to~d, ~e CONgULTANT ~ ~cozd ~e geome~ ~o~a~on (d~me~. I~g~, mve~ ~eva~, ma~ ~zoad e~va~ eta) ~ av~able, ~e COHSULTAMT h~ id~ed up ~ 93 hydr~mhc s~r~ ~o be Task 2 Szrr'oaF Piar~ (S~b~sk irt ~e ~ a~t) - B~ed ~p~ ~ffi~ of Subt~ t, ~e CONSULT~qT ~ prepa~ a reco~d~ s~ey pt~ for ~e addiffo~ ~~ and/or op~ ~el =ass-scrota ~t wffi be ~duded ~ ~ up~a~d sto~wa~r model for ~e s~dy area. ~ CONSULTANT iden~ed approx~a~ly 55 s~res ~t zeq~e m~ey ~de~ ~sk Z2 'of ~ o~ sc~e ~ se~es. ~ Hst ~y evadable b~~. w~ update ~e ~g a~CPR hydraulic repr~m~on a~d~onaI s~e dam co~e~ed ~d~r Tas~ 1 ~d ~e addi~on~ s~re ~ ~to ~e e~g sto~water model repr~mfion of ~MS (adler Vms~n 2~) ~ cked~ ~e mod~ for nmegc ~ s~ey. C;~WIIM D OW"~VT~ hi P~LK'I;2~S~oO4~._O-1D ac1 I~,ooc + o~a^ -m~I ~e CONS~TANT propose~ to comple~ ~e addi~on~l work ~ T~s~ 2 ~d ~ ~r ~ l~p sum ~e o~ $5L~0, w~ ~dudes Ia~r '~ ou~de ~fe~ai (~ Table 1). The CONSULTANT w~ ~voi~ ~e C~ money b~ed upon percen~ge of projea comp]e~on of ea~ T~k. DRAFT HO/~ O~ t~LIC3N ISLED City of Sebastian, Florida Subject: Resolution No. R-02-02 Adopting an Amended Fiscal Year 2001-02 Budget. Approyed forJ~ubmitta~ty Mayiager Agenda No. 0 Y~ · 0 1 7 Department Origin: Finance ~Y-ate Submitted: January 16, 2002 For Agenda of.' January 23, 2002 Exhibits: Resolution No. R-02-02 · 1st Quarter Budget Review Memorandum Project Status Reports by fund as of December 31, 2001 · Schedule of Investments by Fund with the State Board of Administration as of December 31, 2001 · Schedule of Investments by Type as of December 31, 2001 EX~ENDITU'RE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A Pursuit to policy established in previous fiscal years, budget reviews and adjustments would be presented to the City Council on a quarterly basis. In addition, project status reports and investment reports are also included for your review. Following adoption of the City of Sebastian's budget on September 26, 2001, there were several program changes that occurred over the first three months of the quarter which requires an amendment to the budgets of the various funds of the City. These program changes include decreases in investment eam~gs forecasts due to the ever decreasing rate of return on investments (last T-Bill auctions were in the low 1.5% range), decrease in tax estimates due to a decrease in tax value, changes associated with the health insurance following its implementation as of October 1, 2001, changes in other insurances, and adding the Stormwater Utility Fee Special Revenue Fund. In addition, in keeping with the ability of the City to react to these type of changes as they occur during the course of a year and matching it with the ability to take advantage of them, we are recommending the changes identified in Resolution 02-02, Exhibit "A", which are more particularly defined and explained in the enclosed memorandum for the 1st Quarter Budget review. Move to approve R-02-02. RECOMMENDED ACTION RESOLUTION NO, R-02-02 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002 AS PROVIDED FOR IN EXItlBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 26, 2001, the City of Sebastian adopted Resolution No. R-01-64 providing for the adoption of the City's 2001-02 budget; and WHEREAS, an analysis of the revenues and expenditures for the three (3) months ended December 31, 2001 has indicated that some adjustments are necessary, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA, THAT: Section 1. The budget of the City of Sebastian, Indian River Cotmty, Flohda for the Fiscal Year beginning October 1, 2001 and ending September 30, 2002 be amended, a copy of which is attached hereto and more particularly identified as Exhibit "A", which are hereby adopted and the revised appropriations set out therein are hereby made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This Ordinance shall be come effective on December 31, 2001. It was moved for adoption by Councilmember The motion was seconded by Councihtaember being put to a vote, the vote was as follows: and, upon Mayor Walter Barnes Cotmcilmember Ray Coniglio Councilmember Joe Bm-czyk Councilmember Ed Mai cher Comacilmember James A: Hill The Mayor thereupon declared this Resolution duly passed and adopted this 23rd day of January, 2002. CITY OF SEBASTIAN, FLORIDA By: Mayor Walter Barnes ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney GENERAL Revenues Expenditures LOCAL OPTION GAS TAX Revenues Expenditures DIS C~IONARY S ALES TAX Revenues Expenditures RIVERFRO NT REDEVEI. OPMENT Revenues Expen ditures RECREATION 13,ri'ACT FEE Revenues Expen ditures STORMWATER UTILITY FEE Revenues Expen ditures LAW ENFORCEMENT FORFEITURE Revenues Expen ditures DImT SERVICE Revenues Expenditures GOLF COURSE Revenues Expenses AIRPORT Revenues Expenses ADOPTED BUDGET $ 7,772fi15 $ 7,772,515 $ 636,158 $ 636,158 1,928,891.. 1,928,891 $ 124,024 $ 124,024 $ 202,370 $ 202,370 $ 3,150 $ 3,150 64,724 64,724 $ 1,594,111 $ 1,594,111 $ 180,026 $ 180,026 AD J US TM~EN TS $ 158,491 $ 158,491 $ (40,0q9) $ (40,000) ..$ 74,353 $ ...~. 74,553 $ $ (4,71q) $ (4,710) $ 631,900 $ 631,900 $ 15,085 $ 15,085 $ (33,746) $ (33,746) $ (4,836) $ $ (4,836) $ AMENDED BUDGET 7,93 !,006 7,931,006 636,158 636,158 $ 1,888,891 $ 1,888,891 198,577 198,577 197,660 197,660 631,900 631,900 18,235 18,235 64,724 64,724 1,560,365 1,560,365 I75,190 175,190 EXHIBIT "A" TO: FROM: DATE: MAYOR AND CITY COUNCIl, JANUARY 16, 2002 SUBJECT: 1s* QUARTER BUDGET REVIEW - DECEMBER 2001 As of December 31, 2001, the status of budgets for the major operating funds was as follows: % OF BUDGET ADOPTED RECEIVED/ BUDGET RECEIVED/ BUDGET EXPENDED BALANCE EXPENDED GENERAL Revenues $ 7,772,515 $ 3,079,770 $ 4,692,745 39.6% Expenditures $ 7,772,515 $1,802,987 $ 5,969,528 23.2% GOLF COURSE Revermes $1,594,Ill $ 433,025 $1,116,086 27.2% Expenses $1,594,111 $ 467,987 $1,126,124 29.4% AIRPORT Revenues $ 180,026 $ 48,728 $ 131,298 27.1% Expenses $ 180,026 $ 67,041 $ 112,985 37.3% Highlights of the first quarter status analysis include: Overall revenues supporting the General fund are being received as planned. During the first three months, 39.6% of the budgeted revenues were received. The ffrst quarter budget review includes recommendations to increase overall revenue by $158,491 that consists of $4,444 in Telecommunications Franchise Fees~ $3,826 in Cable Franchise Fees, $18,386 in Telecommunications Utility Taxes (these are the September/October collections payable in November & December before the Cormnunications Services Tax ldclcs m), $25,000 Project Personnel & Equipment Se.rvices, $18,000 in Contributions and. Donations (for the Motorcycle (authorized previously)), $94,033 for prior year reserves for encumbrances, offset by decreases in Property Taxes of $52,092 due to a decrease in taxable value of 2.04%, $10,000 in Admin Service Fees from the Riverfl'ont Redevelopment District, $68,543 overall in Interest Income, resulting in a net increase in appropriations fi'om prior year fund balance of $125,437 to balance revenues and expenditm'es. The General fund expenditures are projected to have a net increase of $158,491 resulting from the appropriation of funds for prior year encumbrances of $94,033 carried over into and paid in the current year, increases in expenditures resulting from underbudgeting insurances and changes in personnel and health insurance and a decrease in contingency of $28,516. Special Revenue Funds The Local Option Gas Tax Special Revenue fund is receiving revenue as planned except for interest income which is not meeting expectations due to a downturn in interest rates, and recording expenditures as expected. The recommended change for the Local Option Gas Tax Special Revenue Fund is a $7,407 appropriation from prior year fund balance. The Discretionary Sales Tax Special Revenue Fund is receiving revenue as planned except for interest income which is not meeting expectations due to a downturn in interest rates, and recording expenditures as expected. We are, however, recommending a decrease of $40,000 due to the turndown in interest rates. The P-dverfront Redevelopment District has exceeded revenue projections due to an unexpectedly large increase in taxable value in the redevelopment area. The increase recommended is $69,333 in tax increment revenue as well as a small increase of $520 in interest revenue. The Recreation J. mpact Fee Special Revenue Fund is exceeding expectations for the first quarter, however, there may be a slowdown in permitting, thus meeting expectations over a period of time. Interest earnings are below expectations and will result in a recommended decrease in revenues of $4,710. The Stormwater Utility Fee Special Revenue Fund is exceeding expectations for the estimated revenue to be collected. We are recommending a budget of $621,450 for the Utility Fee and $10,450 in interest earnings for the year. For expenditures, we are conservatively estimated $25,000 in credit refunds with the remainder going to unappropriated until the master plan is adopted. The Law Enforcement Forfeiture Fund is receiving revenue in excess of expectations with the sale of the boat, therefore, we are recolTnnending an increase of $15,085, including an appropriation of $11,085 for prior year encumbrances. 3. Debt Service Fund Overall, the debt service fund is receiving revenue as planned, however, the special assessments revenue does not come in until March through April. Interest revenue is not meeting expectation due to a downturn in interest rates, which w/Il result in an appropriation from prior year fund balance of $11,234. 4. Capital Prqjects Funds Enclosed with this budget review are capital project status reports. There are four recoxTm~ended increases to the Capital Projects Funds at this time which has not akeady been funded during the first quarter. / 5. Golf Course Fund The Golf Course fund anticipates revenue decreases of $33,746 as a result of a decrease in interest rates over the past six quarters. During the fn-st three months of the fiscal year golf course revenues are being received as anticipated. The Golf Course expenditures are expected to decrease by $33,746 due to decreases in debt service and worker's compensation costs, offset by increases in adjustments to payroll, insurance, non-ad valorem taxes, groundskeeping services (standard annual CPI increase) and a necessary rebuild of one of the /rrigation pumps for $6,115, with the rema/nder increasing contingency. 6. Airport Fund Overall revenues are being received as planned fin the £n'st quarter with an additional amount from tree cutting, however, we are recommending a decrease in revenue of $4,836 due to a projected decrease in interest income due to decrease rates. Expenditures are occurring as anticipated, however, there has been a sizeable increase in non ad valorem assessments due to the stormwater utility fee, this is offset by a decrease in Grounds Maintenance due to a change in method for accounting for the pm-time maintenance worker from Roads and Drainage Division. This change is also reflected in the Roads & Drainage Division. Staff has kept well within the adopted budget in all funds to maintain maximum fiscal flexibility. continue to monitor and review each position vacancy as it occurs for service level consequences. ~errence R. Mc~gr, e; Cit~ Manager Staff will ANALYSIS OF GENERAL FUND REVENUE Overall revenaes supporting general fund activities are.being received as planned. A total of $3,079,770 or 39.6% of the $7,772,515 budget was received during the £n-st three months of the year. This percentage is high due to 76.2 percent property taxes being received during the £n'st quarter. Last year 40.6% of budgeted revenue was received in the first quarter. TAXES: Real and Personal Property Tax Collections were 76.2% of budget which is lower than fiscal year 2000-2001 when 76.7% of the property tax budgeted was collected. We are, however, recommending a decrease of $52,092 that resulted from a 2.04% decrease in taxable value upon receipt of the Certification of Final Taxable Value. This was due to entry errors at the Property Appraiser's office. With the proposed decrease in budgeted tax revenue, staffis optimistic that the remaining amount will be collected by fiscal year end. The Franchise Fees and Utility Service Taxes will need to be monitored, as most of them are below the 25% collection estimate for the first three months of the year. Tiffs is due to timing differences in recording the revenue and the actual cash received, however, we are confident that the revenue budgeted will be realized. In addition, prior to the implementation of the Communication Services Tax, there was anticipated to be a one month tag in revenue from the telecommunications and cable industries, however, not lmowing what the collections would be or the per/od to be collected, no amounts were originally budgeted (except for the telecommunications utility tax which was annual), therefore, we are recommending increases totaling $26,656 for this revenue source received in the first quarter. LICENSES AND PERMITS: Occupational and Professional Licenses are being received at about the same pace as last year, at 82.9% of budgeted revenues as compared to 79.3% last year for the same period. Construction perrmtting is well above the estimate of 25% for the quarter at 31.4% of budgeted revenues. This well exceeds the previous year of 20.7% collected in the 1st qum'ter. Even though revenues are up slightly, no change is reconxnended at this time in order to see if we maintain this pace. Generally there are spurts in permitting and the first quarter may have been unusually active. INTERGOVERNMENTAL REVENIYE: During the first three months of 2001-2002, the City has received 18.0% of the projected revenue which is less than the 18.7% received for the same period in 2000-2001. Th/s is only a slight decrease and will be monitored carefully. Although some adjustment may need to be made for the general downturn in the economy, we will wait another quarter to determine what that adjustment will be. The 18.0% amount which is less than the anticipated 25% for the quarter is generally due to timing differences associated with when revenue is recorded and when actual cash is received. The cash receipts received in October by the City is generally associated with revenue received in August by the State and therefore, in accordance with generally accepted, accounting principles, would be recorded in the prior year. As such, the revenue (not cash) received in October, 2001 would be recorded in September, thus evening out the revenue recorded. Based upon calculations used during the budget process, we are confident the revenue will be received as budgeted. GENERAL GOVERNMENT REVENUE: During the first three months the City has received 41.5% of the budgeted revenues in this group. This compares to 55.4% in the previous year's first quarter. The difference reflects timing differences of when certain revenues such as, the Skate facility and prqject personnel and equipment services are received or recorded. Although the amount is less than the previous year, these funds tend to fluctuate depending on when projects are completed and charged to the respective funds. We are, recommending an increase to these revenues of $15,000 which reflects the capital projects being completed in-house. FINES AND FORFEITURES: During the first three months, 19.5% of revenue had been collected or received as compared to 16.2% in the prior year. This reflects a upward turn in traffic citation revenue from 14.4% of budget in the previous year to 18.8% in the current year. We will continue to monitor these figures for later adjustment if necessary. MISCELLANEOUS REVENUES: During the first three months the City has received 22.5% of miscellaneous revenues. This compares to 52.4% received in the prior year for the same period, a 103.9% decrease. This is primarily due to a significant decrease in interest earnings due to a downturn in the rates. Therefore, we are recommending a decrease of $68,543 in interest earnings offset by an increase orS 18,000 fin donations for the motorcycle (approved at a previous council meeting) for a net decrease of $50,543. OTHER REVENUE SOURCES: During the course of the prior year, encumbrances of appropriations were made which carry over to the current year. In order to comply with State requirements for a balanced budget, it is necessary to increase the General fund budget for these encumbrances. Therefore, we recommended that an appropriation for prior year encumbrances be made in the amount of $94,033. This is standard procedure when carrying over encumbrances to the new year. Encumbrances are the City's .commitment to pay. In addition, there are additional changes in expenditures, such as increases in worker's comp insurance premiums of $34,782, property insurance of $22,206 and the City's portion to the Kiverfront Redevelopment fund of $37,058 which requires an additional appropriation from prior year fund balance of $125,437 as an offset and maintain a balanced budget. The following changes are a summary of the analysis above and are the net recommended changes to the revenue accounts: taxes .......... 4,494,732 '(25..~5}5~ 4,469,296 Licenses and Pe~its 483,120 0 483,120 Intergovernmental.. .1,~.}.,772 .0 .... !..~43,772 Charges for So,ices .... 244,407 ...................... }5,000 259,407 Fines and Forfeits 151,396 0 151,396 Miscellaneous Revenues 224,238 (50,543) 173,695 [nterhnd Transfers 280,850 0 280,850 Non-Revenue .Sources 250,000 2 i'9,470 469,470 NET RECOMMENDED INCREASE TO THE GENERAL FUND REVENUES $158,491. ANALYSIS OF GENERAL FUND EXPENDITURES The recommended adjustments to the General Fund departmental expenditure accounts include funding for encumbrances carried over from the prev/ous fiscal year to the current year. Most departmental percentages were at or below the 25% level for the first three months. Some oft.he higher percentages are due to expenditures made against the encumbrances referenced above, but have not as yet been appropriated. In addition, there are additional funding requests included by deparlrnent. EXPENDITURES: PERSONAL SERVICES ... 255,506 ....... (~00) 254,806 OPE~T~G EXPENDITU~S 16,318 149 16,467 CAPITAL OUTLAY .................. .~}~ 0 1,250 :~::: ::. ~ :" '~""::;~;,. :~B~;07~.......~.2.2.2..2...,:~' ':": :' ':~" ~.~. '~'~";: ';': ::' .. ~:":'~.~$~ ~ 'r~:~,~, ,..27g~2.3' '~' ;:~ ....... .,,..,:..?.., ,, ,.,:, ,? .:,: ..,: :.,:., ........ ,:.,... . Personal Services - Recommended adjustment associated with decreases in health insurance due to elections for dependent health care. Operating Expenditures - Increases recommended for computer supplies supporting an upgrade to Wor4Perfect in the General Services Administrator's/Purchasing office as recommended by the Network Manager. :,:::,~,:,,:h: :w~, J:,,.:~,::,:::~:r :J0;:,'::,: ~::,;~ ::'e,::'.r,~.~::.:':~.;~ :::,:: ::::::~: :,~?'%:::~r::: :?,::::; ::::~ ', :i,r ,",*C.~r~ :r ;:~q,~j;~r??er ::~,:; .:v 'g~:'%,:::.,:~ a' PERSONAL SERVICES g19,204 400 219,604 opE~T.~G EXPENp TU S 59,385 ............. 733 60,118 CAPITAL OUTLAY 0 6O0 6O0 Personal Services - Net increase of $400 associated with changes in health insurance resulting from elections for dependent health care and a decrease in group insurance. Operating Expenditures -Net increase of $733 reflects costs associated with implementation of television goverrm~ental channel for Sebastian and set up of various systems associated with same. Capital Outlay - Increase results from the recommended purchase of a DVD Burner for bacldng up or copying televised council meetings. This is the method by which the council meetings are being stored by the School and is the preferred method for storage by the City. PERSONAL SERVICES 109,{14 (1,479) . 107,935 OPE~T~G EXPENDITU~S 10,925 0 10,925 CAP,AL OUTLAY 0 0 0 Personal Services -Net decrease of $1,479 associated with a decrease in over-budgeted defm'red compensation of $1,143 and decreases in group health and dependant health following adoption o£the health insurance policy. ::::: ,::.: ",~ y :: ~:.i:;.: ::,:;: ,~:: i:::"!:.: ';':} ~; i' ~; ';: i PERSONAL SERVICES 265,673 7,913 273,586 OPE~T~G EXPENDITURES 77,408 4,367 81,775 CAPITAL OUTLAY 2,700 0 2,700 Personal Services -Net increase associated with an increase in wages of $10,615 associated with a reclassification of the Network technician to Network Manager due to a change in duties and responsibilities offset by a reduction in group and dependent health insurance of $2,702 resulting from policy election changes and adoption of health insurance policy. Operating Expenditures - Increase associated with $1,823 encumbrance carry over for printing the budget and an increase of $694 for cellular telephone services for the Network Manager and $1,850 for additional costs associated with computer supplies, repairs, upgrades, etc. associated with responsibility for Management Information Services for the City. ::::!~i :!i!-~',.~!:~ ~: ,::: :. .......... ~: ~,,~,: .. ,' · :. .~::, ,.,, ,,,,.,,. ........ii PERSONAL SERVICES 141,634 4,866 146,500 OPERATI~xI~ EXPENDITURES ..... 39,697 0 39,697 CAPITAL OUTLAY 0 0 0 Personal Services - Net increase associated with adjustment to salaries following 1 st quarter review of salaries along with benefits by $5,366 offset by decreases in health and dependent health insurance of $500 following adoption of health insurance policy. PERSONAL SERVICES 119,411 535 119,946 OPERAT~G EXPEND~U~S 25,094 0 25,094 CAPITAL OUTLAY 0 0 0 Personal Services - Net/ncrease associated with health and dependent insurance election changes and premiums following adoption of health insurance policy. PERSONAL_SERVICES 81,556 1,71.6, ............... 83,272 OPERATING EXPENDITURES 9,076 311 9,387 CAPITAL OUTLAY ......... 4,000 0 4,000 Personal Services- Net increase associated with adjustment to salaries and benefits following lst quarter review of salaries in the wake of adoption of new three year contract with CPBA, an increase in overtime offset by a decrease in pension contributions of $1,219 and increases in group and dependent health insurance following adoption of health insurance policy. Operating Expenditures - Increase of $311 due to underbudgeting telephone services PERSONAL SERVICES 1,023,163 (19,199) 1,003,964 OPERATING EXPENDiTURES 103,140 3,333 106,473 CAPITAL OUTLAY 127,427 .16,,9.22 144,347 ::::::::::::::::::::: :::!:: ?,::: ,.?:!:: .:i! ::': :::i'..::.::::i Personal Services - Net decrease associated with a review of salaries and benefits for the 1~t quarter. Wage decrease due to resignation of police officer and the hiring of a police officer at a lower grade, decrease in pension contributions of $16,308 following receipt of new actuarial contribution requirements, and a net decrease in group health of $200 resulting from personnel changes and increases in dependent health insurance premiums for additional coverages for personnel families. Operating Expenditures- Increase associated with approved costs of motorcycle accessories and a recommended increase in training and travel of $2,255 for training for motorcycle police officer. Capital Outlay - Increase associated with approved purchase of a motorcycle and capital accessories provided by donation of funds for this purpose. Personal Services - Net decrease associated with a review of salaries and benefits for the 1~t quarter, offset by an increase in deferred compensation not originally budgeted of $1,260 and an increase of $1,400 for dependent health insurance premiums for additional coverages for personnel families. PERSONAL SERVICES 87,970 (1,839) 86,.: 3...I ..... 0PE~T~G EXPENDISQK~ 9,874 0 9,874 CXP~TXL OUTLAY 19,941 0 19,941 :~:~i~,i:;:: :':: '[::::: :::::::?.: ':.'.?::::::::::':'::::: ::::::' :' ::':::::::::::::: .::::::: :',: ~:~:.::::::::: :"~ ::,:: ::~::':::: '": "" 5 .... :':::'' '~ ......... ~' .......... ......... '"' ,, ..... ~ ::::::?:?'::: ~): :::::,':.':::? ::: :::I Personal Services - Net decrease associated with a review of salaries and benefits for the 1*t quarter in conjunction with adoption of CPBA contract, offset by a decrease in deferred comp, pension contributions, and group and health insurance due to changes in personnel. PERSONAL SERVICES 34_~.~,~,53 (5,121) 338,432 OPE~T~G EXPENDITU~S 67,0~,~ .... 593 67,670 CAP.AL OUTLAY 32,081 0 32,081 ' . ~ .%",I ":'9"'=:'" :": '='"r'"z'=~"r'= :'r "~'~ : :~';::::~: ¢ :::;~ ~;::':~ r'f~:~ x>::::':::" "~:~:' ': "::: ':?~:~:~ Personal Services - Net decrease associated w/th an increase of $5,965 following a review of salaries and benefits for the 1st quarter in conjunction with adoption of CPBA contract, offset by a decrease of $4,886 to the City's Chapter 185 contributions following receipt of new actuarial contribution requirements, and a decrease in group health and dependent care insurance premiums of $6,200 following adoption of health insurance policy. Operating Expenditures - Increase results from not budgeting for pager leases in the current year of $293 and increasing computer related costs associated with implementation of the CJ-Net link with the Florida Deparmuent of Law Enforcement, :,; .,,,.,,.,,; ,.,, ,,.., ........ ;, .,:: : :,,) : '! ~ ,::,~:~; : ,. , ~ el~ ar,~en~,., P.oli:ee ..... , : ..... ., g00i,-,,2i002 .... ~: '~ :~ i.R, EC'O ~'M~E~,, ,:~ !i~::: ~:~'0;01~2002~;~ · ,r,~z :: :::': ~, :', ,,L~ ,:,,;::~:~ ~:, ,:,'::: :i~[ ,~:::~";,:.';::::':,~,,:" ::~':'¢,'* '?i~' :?L :::: :' ,~: ':'': ~ ~' :",' ~ PERSONAL SERVICES 193,371 (5,197) 188,174 OPERAT~G EXPENDITU~ S 21,693 0 21,693 CAP.AL OUTLAY 1,000 851 1,851 Personal Services - Decrease associated a review of salaries and benefits for the 1 't quarter providing decreases in FICA of $653, deferred compensation of $822, due primarily with personnel changes, a decrease of $1,092 to the City's Chapter 185 contributions following receipt of new actuarial contribution requirements, and a decrease in group health and dependent care insurance premiums of $2,630 following adoption of health insurance policy, Capital Outlay - Increase results fi'om an emergency purchase of a replacemm~t computer for the Records staff. 10 PERSONAL SERVICES .................. }q~,436 (14,659) 290,777 OPE~T~G EXPENDIT~S 31,247 0 31,247 CAP,AL OUTLAY 3,250 0 3,250 ,,~, · , ,, ,,;,~ & , , Personal Services -Net decrease associated with a l't quarter review of wages and benefits and adjustments thereof along with a decrease in group health and dependent care insurance premiums of $4,160 following adoption of health insurance policy. · : :~,::,. :,,:~.,.:~:,,~:,,,. .............. .,;:~:,~ ....... : ,~ .:,: '~:,: i~:O~a· !:!:~: PERSONAL SERVICES 851,992 4,123 856,115 6'F'E~T~6 ~,XPENDi~S ......... 2~!~,095 15,653 236,748 CAPITAL OUTLAY 73,388 855 74,243 ' ,; ;,,.i,,., ,,,,~,, i,~, , ,', ,;,,,,.,,; ,' ,,, , ,,,,i,;',~,; ;, ,, ,, ', ,'. ;.,,...,,,,,~,,;; Personal Services -Net increase results from dependent health coverage elections of $6,300 associated with additional coverages for employee families and an increase in EAP costs of $23, offset by a decrease m group health insurance of $2,200 due to reclassification of costs associated w/th part-time employee worldng at the Airport. Operating Expenditures - Increase results from encumbrance carryover from the prior year of $15,653. Capital Outlay - Increase results from encumbrance carryover from the prior year of $855. PERSONAL SERVICES 1.15,105 1,283 116,388 OPERATING EXPENDITURES 25,761 1,112 26,873 CAPITAL OUTLAY.... 13,5.0..0... 0 13,500 :'i::~::~:5:~ii3:i:~!~ ::::: ::.:.~:ii:: .'::::::i, !' ::,:~::::: :, :: :: i;~ ~::5 :':! ?:::: :: :::.:::t,.s~;~:a:: 11 Personal Services -Net increase associated with a 1st quarter review of wages and benefits and adjustments thereof along with a increase in dependent care insurance premiums of $850, offset by a slight decrease in group health insurance following adoption of health insurance policy. Operating Expenses - Increase reflects costs associated with installation of cable connection with the Central Garage and the City Hall computer network. PERSONAL SERVICES ..! ~6,034 (1,850) 144,!.84. OPE~T~G EXPENDZTURES 46,687 0 46,687 CAPITAL OUTLAY 6,272 0 6,272 Personal Services - Decrease results from a decrease in group and dependent health insurance elections following adoption of health insurance policy. :'., ...... J,' : ~ ..... ~: "'t.~ ~'~, ,.:,, ,,~'*" ~ '~ ';,~ ~ .:~,,, ...... ~,~' , ' s ~:i 5 '~ ~ ':. ' .': ' ."~ ~ ~: ,,,,,:.: :::,,,:::~:,::,,, PERSONAL SERVICES 427,668 5,039 432,707 Oe~m~ EXPENDITURES 176,356 534 176,890 ,,, ~,,, , , ,~, ........ .,,~,, ,..,,, ,, '.,,,,;,..,, ........ ;;,,, · Personal Services - Net increase results from increases in dependent health coverage elections of $5,900 associated w/th additional coverages for employee families, overtime of $2,000 for weekend mowing program. and associated FICA taxes, offset by decreases in group health insurance of $800 and deferred compensation of $2,214 due to personnel changes; Operating Expenditures - h~crease results from encumbrance carryover from the prior year of $534. 12 PERSONAL SERVICES 79,474 (1,900) 77,5.74 OPERATiNG EXPENDITURES 17,265 0 17,265 CAPITAL OUTLAY 0 0 0 Personal Serv/ces - Decrease results from a decrease in group and dependent health insurance elections following adoption of health/nsurance policy. :!:,,,r:: i ~ ::. ' :!~: ~ ,~ "X :'~:: }~ i ~:'.: :~::i': ? ,i;::: .~::5' :.: ' "::, i ?i~ :,':9 ,? !i i~,r' :~. ~,~[ll~r~:~:l ~,i?:: :::: ;~!~ :: ~: ~, !:: ::,~i::,i~!r::.:~ ::: :.:. ~2 !~,i~:!:~i~::,~;!::,::ii,?,!' '? :::, ':I ':'F~:~[~,::;::::},!:[i'2~:: i!12: /' ::::!if.i' :,h, ;':::i.~t'~.':Y~':[:,',':'5:~:l[~!: :,[i':::~¢.::!!;>; '~t,' ::" ~ ' ~ :. ,, ,:=, : :=',:z?:, >::'..: ::?:~ :',= :~,: ,,:, ,::,q~ := : :::r =~: :::: r:= '. ,,??: .:=.~,,,,' :?',?::::: '.;,::?:, :=gr~:':::".: ;2~:;'12:,i:':,hi~.=2: ,Sj}::c* iX":.r ':'?:7~:X:~'~:ri?:?: S:C ~::~:,~[ '5::%:~{ "": ,;:= ':: ::': PERSONAl 5.ERVICES ............. 181,462 3,100 .18~..~562 O~RArm~ EXPENDITURES 49,283 (164) 49,119 CAPITAL OUTLAY 0 0 0 Personal Services - Net increase associated with a Ist quarter review of wages and benefits and adjusmuents thereof offset by slight decreases of $100 and $300 in group health insurance and dependent health insurance premiums, respectively, following adoption of health insurance policy. Operating Expenditures - Decrease results from increases for encumbrance carryover from the prior year of $1,220 and $216 in postage costs associated with administering the credit program for the Stormwater Utility Fee, offset by a reduction for savings associated with ArcView Software purchase. PERSONAL SERVICES 321,44% ....... (7,983) 313,457 OPE~T~G EXpENDI~U~S 17,310 0 17,310 OUTLXY S,000 ............... 0 ............ 5,000 Personal Serv/ces- Net decrease results from a correction of wages of $5,833 associated with the 1~t quarter review along with the benefits thereof and decreases of $2,000 and $150 in group health insurance and dependent health insurance premiums, respectively, following adoption of health insurance policy. 13 OPERATING EXPENDITURES 550,502 175,188 725,690 INTERFUND TRANSFERS ...... 100,000 .......... 0 100,000 CONTINGENCY 2..8.,..5.16 (28,516) 0 Operating Expenditures - Net increase results from encumbrance carryovers of $28,698 for the Stormwater Utility Fee implementation, $500 for the printing of the quarterly newsletter, and $44,750 for payment of the waterline assessments for City Hall Complex and Hardy Park, a recommended increase of $34,782 for Worker's Comp premiums for an increase in experience rating following the final audit for the fiscal year 2000 that resulted in a rate increase for th/s fiscal year, a recommended increase for general liability insurance of $22,206 which results from a change in allocation, by fixed asset cost, for insurance, between the Golf Course and General Fund, $37,058 increase in tax increment financing to the kiverfront Redevelopment District that resulted from a significant increase in property values in the district, an increase in books and publications of $250 resulting from purchasing maps for the Chamber for the City to pro,ride to citizens, and $6,944 in non-ad valorem taxes for the Stormwater Utility fee, after credits. Contingency - The decrease is the net result of the various budget amendments and the increase to appropriation of prior year fund balance associated with the changes outlined above. 14 Following is a summary of the General fund Departments and Divisions explained above: FUND & REVISED RECOMMENDED REVISED ACCOUNT DESCRIPTION BUDGET CHANGES BUDGET GENERAL FUND OPERATING EXPENDITURES AND CAPITAL OUTLAY BY DEPARTMENT/ DIVISION: LEGISLATIVE 40,610 CITY MANAGER 273,074 CENTRAL GARAGE 154,366 CITY CLERK 278,589 LEGAL 120,339 FINANCE 345,781 HUMAN RESOURCES 181,331 POLICE DEPARTMENT ADMINISTRATIVE DIVISION 144,505 SCHOOL RESOURCE UNIT 94,632 PATROL DIVISION 1,253,730 COMMUNITY POLICING UNIT 111,954 CODE ENFORCEMENT 117,785 DETECTIVE DIVISION 442,711 SUPPORT SERVICES DIVISION 216,064 COMMUNICATIONS DIVISION 339,933 ENGINEERING 325,371 PUBLIC WORKS: ROADS & DRAINAGE 1,146,475 BUILDING MAINTENANCE 198,993 PARKS & RECREATION 636,020 CEMETERY 96,739 GROWTH MANAGEMENT 230,745 BUILDING DEPARTMENT 343,750 NON-DEPARTMENTAL 679,01'8 TOTAL OPERATING EXPENDITURES AND CAPITAL OUTLAY BY DEPARTMENT/DIVISION: 0 40,610 (551) 272,523 2,395 156,761 1,733 280,322 (1,479) 118,860 12,280 358,061 4,866 186,197 535 145,040 2,027 96,659 1,056 1,254,786 (3,078) 108,876 (1,839) 115,946 (4,528) 438,183 (4,346) 211,718 (14,659) 325,274 0 325,371 20,631 1,167,106 (1,850) 197,143 5,573 641,593 (1,900) 94,839 2,936 233,681 (7,983) 335,767 146,672 825,690 7,772,515 158,491 7,931,006 INCREASE ~ECm~ASE) 0 (551) 2,395 1,733 (1,479) 12,280 4,866 535 2,027 1,056 (3,o78) (1,839) (4,528) (4,346) (14,659) 0 20,631 (1,850) 5,573 (1,9oo) 2,936 (7,983) 46,672 158,491 NET RECOMMENDED INCREASE TO THE GENERAL FUND EXPENDITURES $15 8,4 91. 15 ANALYSIS OF LOCAL OPTION GAS TAX SPECIAL REVENUE FUND Revenues: '.:'.'::/.:~.~2:::):: ~'::, i~. :,~.:~:~, .:.:,': ~',~(:,' ill :: ...... , :,, ,!, ,~:,..,.,,,:,,:!?, ;. :.,: ~Local Optio~ Gas Tax 618,548 0 618,548 Other Revenue 17,610 0 17,610 .:~,,. ;:~,: ::~,,,.~ ..... : ~:.::., .~,,, ,..,, ,,,~ ~ ,, ~,.~ ::.: :~. : ::~:; ~.,,[~:~:~,~:~ ~ ., :,~,' ..~: :.: .,;~ ~ ,~ut~'l~,::~),:~::',~:::, :,:::,:,',~:* ~:,~",:?,~:s¢2[:~::';~':::~:~;(::~ i~:~ :~i~.:~D'O~,~;:: ' ::: ':~/[~" ':~:? :' .5 ~:~ '~ ~0' ::: ':":' ~ ~' ':' :' Other Kevenue - Although there is a zero change to the Local Option Gas Tax Budget, there is a recommended decrease to interest income due to falling rates of $7,407 which has been offset by an appropriation from prior year fund balance of the same amount in order to maintain the commitments to the expenditures side of the budget. ANALYSIS OF DISCRETIONARY SALES TAX SPECIAL REVENUE FUND Revenue s: Discrefiona~ Sales Tax 1,859,575 0 1,859,575 Other Revenue 69;316 (40,000) 29,316 Other Revenue - Decrease of $40,000 m imerest income is due to falling interest rates associated with the City's Investments. Expenditures: ::::::::::::::::::::: ::::im ; '.::: CAPITAL OUTLAY 0 0 0 tNTERFUN..D......TRANSFERS 1,568,354 0[ 1,568,3~.~ .... ~APPROPRIATED 360,537 (40,000) 320,537 Unappropriated - Decrease associated with falling interest rates and anticipated interest rate of return. 16 ANALYSIS OF RIVERFRONT REDEVELOPMENT SPECIAL REVENUE FUND Revenues: Yax Increment Revenues 121,956 69,333 191,~.9 IOther Revenue 2,068 5,220 7,288 ~ ,: }, .,.: .~ Tax Increment Revenue - Increase is a result of a greater than anticipated property values in the Riverfront District as compared to the prior year, resulting in an increase of $37,058 from the City's General fund and a corresponding increase from the County of $32,275 for a total increase of $69,333 Other Revenue - Net increase m anticipated interest revenue of $520 associated with the increased tax increment revenue stream as well as an appropriation from pr/or fund balance for the carryover encumbrance of $4,700. Expenditures: OPE~T~G EXPENDITURES 24,108 18,947 43,055 CAPITAL OUTLAY 0 4,700 4,700 ~TE~D T~NSFERS 99,916 0 99,916 ~APPROP~TED 0 50,906 50,906 Operating Expenditures - Increase results from a charge for Consultant services of $4,350, R & M-Park facilities of $5,995 for various charges to the City for Parks Maintenmace including $4,995 in park benches to be installed along Indian River Drive, and $8,602 in additional costs for Special Events associated with lighting the park for ChrisUrtas decorations and costs associated with the Arts and Music Festival in December. Capital Outlay - Increase represents a carryover encumbrance for the sign at Riverview Park of $4,700 Unappropriated -Increase represents the remainder of the Tax Increment Revenue increase to be allocated. 17 ANALYSIS OF RECREATION IMPACT FEE SPECIAL REVENUE FUND Revenue s: Recruit!p= ~pact Fee ?5,000 0 ...~ 95,000 !Other Revenue 7,370 (4,710) 2,660 Other Revenue - Decrease due to a reduction of forecasted interest income due to falling interest rates. Expenditures: :::::::::::::::::::::: ;~.!:!i:i!~,i~::i:~ ~ : :::,:.:',:. ::,:r~':: ::':!' ,.qy/ :;., ,.,~::~.:L~:~:,.~ ':i: :,::,: ,:%~i "!.i!:hr: i :,:'[ i::J; [ i,:: ::'::[1: ;';!i ':. i,:.::;'i,:.~l ~ , , , · ~TERF~D TR~SFERS 0 0 0 UNAPPROP~ATED 202,370 (4,710)' 197,660 [~:~ ~] 'i¢~,*' :'::: ~,.':~: n, ::lq~'2S ~:::' ;':: :~:: ~' ::, ~':] ,~:¢: P:~ :~: {~;:~": ,'~::'.::. :'!:': :: ,: ~:::" :~ :; ~',':::: ~::':t' ~:: :r~,*~':~, ~ :: :~. :[:' [i ~: :~ ' '.;~7 :~ ~ii~.~ :~:: 'g::~: ~ ~'~:3,,~: '~ :g ~:' :"~ ~":¢ r:,:~ ~ 'g:~q ~ ~, ,~ ] ~;;~] [, ~'~ ~ :(~7~:~ }¢. ~yi~: ~'~'~ } :, :~ [,.(!~,~,1~ :~,~ ~[~[~r$:~: '~':'.~[ ,~ ' :,~: ,::~¢;' ': [:~,:':,:':[,;,:~, :} [~ ~ ~J~ ~ ~f:'~'[:~: '.~' ::~:~ (,2 ~,,,,'~,,:~ h~,,~, ~, ,;'~ar"~': c'~::~ ~,2' ~,~ ~[r, :~;r~:=.,;:,:: :~:~:.:~r~ :rex: ;~,:~ ::::r ::¢:~:,:~;[. :,,:::.:~[ :~ r: :::::, ~:~i: ::?:[:::~:' ::::::::::::::::::::::::::}:.~.;:r[: 72 :??~ ~ ........ ~ Unappropriated -Decrease is an offset of the decrease in forecasted interest income. ANALYSIS OF STOR.MWATER UTILITY FEE SPECIAL REVENUE FUND Revenue s: Stomwater Utili~ Fee ................... 0 ............ 621,450 621,450 Other Revenue 0 10,450 10,450 Stonr~water Utility Fee - Increase represents the forecasted revenue associated with the Stormwater Utility Fee after credits and corrections of errors in applying the fee. 18 Expenditures: OPE~T~G EXPENDITU~S 0 25,000 25,000 ~TE~D T~NSFERS 0 0 0 UNA~PROP.~.T~D 0 606,900 606,900 Operating Expenditures - increase represents the forecasted credits to be applied for the Stormwater Utility Fee credit. Unappropriated - increase represents the amount remaining of the revenue generated from the Stormwater Utility Fee and interest after refunds that can be applied in future years towards capital improvements. ANALYSIS OF LAW ENFORCEMENT FORFEITURE SPECIAL REVENUE FUND Revenues: Forfeitures 1,000 4,000 5,000 Other Revenue 2,150 11,085 13,235 Forfeitures - Increase represents the sale of the boat for $4,000. Other Revenue - Increase represents the appropriation of fund balance for the carryover encumbrance of $11,085. Expenditures: OPERATING EXPENDITURES 3,150 1,000 4,150 CAPITAL OUTLAY 0 11,085 11,085 INTERFUND TRANSFERS 0 0 0 UNAPPROPRIATED 0 3,000 3,000 T[otal ': [ ': ..:: i' :[ .' [ :::i :. [::~::: ::::' :: i: 3[;::1'510 i ..: '.: ::: ii:[i:'i: :::,~::: ::::. [:.: :[?153.085': :.: ii8i235:: 19 Operating Expenditures - Increase represents cost of docking confiscated boat prior to sale. Capital Outlay- 'Increase represents carryover eneumbr~ce of $11,805. Unappropriated- Increase represents the gain on sale of boat which has not yet been eanmrked for a specific purpose. A qALYSIS OF DEBT SERVICE FUND Revenue: ~i; :!~),:':,::'.J~:'~' ~: 7i(;':: :',:['!~' :r~ :,:~.il;[ :~i~:,:;i~ .~:~:::'::::'r,;,ii!:'::r:,;:;~ :,:: !:.:,::i:~':'~i~::;5:i!~'i: : h:::~(!!,:',:,~ i~i~:iP:::::::, :,:,: Special Assessments 26,195 0 26,195 O~er Revenue 38,529 0 38,529 Although there is a net change of zero, due to falling interest rates, it was necessary to reduce the forecasted interest earnings and make up the difference for debt service from the prior year fund balance. Total net change in interest is $11,234. ANALYSIS OF CAPITAL PROJECTS Capital Projects are proceeding as expected (See enclosed project summaries by fund). The following capital projects are adjustments to original projects or are proposed to be added to the Capital Projects funds. These adjustments are interim program changes authorized by the City Manager in accordance with the Budget Resolution. The others are new pro,am implementation projects. Title Amount Fleming Street Swales Reconstruction $ 12,725 Funding Source Comments Budget Svgs Cost overrun for reconstruction of swales along Fleming Street in association with Sidewalk and Pav/ng. Orange Street Swales l~econstruction $ 2,780 Budget Svgs Cost overrun for reconstruction of swales along Orange Street in association with Sidewalk installation. Police Department Communication Center Modernization and Renovation $ 22,850 Budget Svgs Renovate dispatch workstations, security systems and provide employee lockers. 2O Titl.___~e Amount Central Garage Oil Containment Facility Renovation $ 5,630 Funding Source Budget Svgs Comments Reconstruct Garage Oil Containment Facility by expanding facility and providing curbing for containment. ANALYSIS OF GOLF COURSE FUND Revenue: ,o0o o ,, Ca~ Rentals 728,500 0 728,500 Driving ~ange 50,000 0 50,000 Membership Fees 116,470 0 116,4.70 O~er Fees and Sales 130,985 0 .... Non-Operating Revenue 57,156 (33,746) [ 23,410 Non-Operating Revenue - Recommended decrease in forecasted interest earnings of $33,746, due to a steady decrease in interest rates earned on investments. ?;G0 l~f~!:©o'~n,~s ie.:,:?: :: ~'~, ::.:: ::,,':?:!::: ~ :~:: :. '::: :::. ~:: :: !:, ::'i:, :i::;:::~ ,::: :: r::~ :~: :~: ::': .,:~ ::,:~ .~0.01,,-,,~0 I~ ~ :: :: :, ::::: ,:,..:RE~ ~/i)~,E~:,, .......... :200 l: ~g .0 ::::::'" ,:~, 3~;,:~: ~ ~ ~ '.:';:: :~:, ::,:77:~::.~,: :~.:~:'i~:,,::~:;:~'~'::::::?i':.:: F: ,?:1 l: ::l.::'~.':~ 1~1~ ::~,::.; ' ,: 1~:;:[ ~ ,::2' :: ":, ~"~,~;~ :'~, i'.' ~:r~ !~7'~,':' ~:. '::: ,. :~::,:,:~ ~L~ .?.,'.:.',: J ::?~::: ~: PERSONAL SERWCES 275,086 (18,598) 2¢6,~.~.. OPERAT~G EXPENDITURES 282,514 10,545 293,059 CAPITAL OUTLAY 1,500 0 1,500 DEBT SERVICE 314,290 (62,664) 251,626 ' mT~Fu~'~"TRANSFERS 0 0 0 CONT~GENCY 65,783 25,507 91,290 Personal Services - Net decrease results fi.om a 1st quarter review of wages and benefits due to changes in personnel, decrease of $2,500 for lesson bonus, net decrease in group health and dependent health insurance of $2,900, and a decrease of $13,198 in worker's compensation costs for the fiscal year. 21 Operating Expenditures -Net increase results from $6,336 increase in general liability insurance due to an allocation change of and an increase in insurance costs and $7,784 in non-ad valorem taxes for the stormwater utility fee associated with the Airport/Golf Course, offset by a decrease in property taxes of $3,575. Debt Service - Net decrease associated with a decrease in debt principal of $120,000 due to debt service payment made in October of the current fiscal year and an increase in interest expense of $57,336 representing interest paid in the current year. Contingency - Increase represents the difference in changes to expense accounts m relation to the decrease in forecasted revenues. "'~'::~:: :":::' '::'~ ::~'" :" "" ':'~:' ~"~:' ::'~ '" :':~:"'~: "'~ ':' '~:~:~::: ::~::.i~S:~7" ' ':' :':"'"'"" :'~ :, :i.::: ~iv~s, ~..,: ............. .,:~ ........ ..:.~.,,.~ ,.., ............ ~ ....... ,:.,.,~:~?~.~::~::~;.~¢~'r~.~[~.:~: ~ :¢.~:I~/~.'::~:~',': ::~;~::~,:'~:: :~ :~"':: ':. ~ ' . ~ OPE~T~G EXPENDITU~S ........ 523,906 ..5,349 S~.9,2.55 CXPITAL OUTLXY .... S~,500 6,~ ~ ~ }~,~,~ 5 ~T~F~D TRANSFERS 0 0 0 Operating Expenditures - Increase results from a CPI increase of 2.8% to the Maintenance contract with One Source. Capital Outlay - Increase represents the necessary cost of rebuilding irrigation pump number 2. ANALYSIS OF AiR_PORT FUND Rents & Royalties 157,459 0 157,459 Other Miscellaneous Revenue ~.~.~J~. 3,400 7,345 Non-Operating Revenue 18,622 (8,236) 10,386 , ~. ,',;;.,.,.,,,,, ', ,, , · Miscellaneous Revenues - Increase recommended as a result of collecting additional revenue of $3,400 for the cutting of trees on the Airport. Non-Operating Revenue - Decrease is a result of reducing forecasted interest earnings by $ 8,236 due to falling interest rates on investments. 22 : :~,.:: ,.~..:~ .:.~..: :.,~:,~:~:: :::.,~:, ::....,...~. :.::....~. :.~.?.,,~ :~::..?. !:!':!~?.~O..O!i~!O:O~'~i:~:~:i~ !:!'!'i?RE~O~~;!~i:i~i,::~ii PERSONAL SERVICES 57,711 10,757 68,468 OPERATING EXPENDITURES 83,458 (3,18!) 80,277 CAPITAL OUTLAY 23,463 0 23,463 INTRAFUND TRANSFERS 0 0 0 CONTINGENCy 15,394 ( 12,412) 2,982 ::::::::::::::::::::::::::::::::::::::::::::::: '::: ~:~.~ ~i~80;0.26:: .,:,.: :~ ,: .. ..... '~a:.83'i~ ::..: ~:~5.;19~0 Personal Services - Increase results from a reclassification of costs associated with part-time employee shared with Roads & Drainage Division including fringe benefits and health and dependent care coverage as well as an increase in for Worker' s Compensation premiums of $1,710. Operating Expenditures - Recommended decrease is a result ofreclassing budget for R&M-Grounds Maintenance of $15,000 to cover the increased costs in personnel serv/ces and Other Contractual Services (costs of the Intern) of $1,500, increase in Departmental Supplies of $900 to cover the costs of copies, etc, and an increase in non-ad valorem taxes of $9,419 for the Stormwater Utility Fee. Contingency - Decrease of $12,412 is the net result of recommended decreases in revenue o'ver expenditures. 23 FUND 310 AS OF DECEMBER 31, 2001 Project Number Description CO I 01 City Hall Renovation C 1101 Cemetery Gate Arches l~placement C I 104 Derelict Yesscl Removal C2101 Cemetery Columbariums C2102 Cemetery Gazebo Refurbishment C2103 Police Impound Compound Current Prior Year Year All Yeat~ Budget ~ Expenditum~ ~ 225,000.00 435.10 122,196.54 122,631.64 27,661.00 10,548,58 14,479.1'7 25,027.75 31,094.00 11,250.00 18,150,00 29,400,00 43,500.00 0.00 2,000.00 0.00 38,500.00 0.00 367,755.00 Encumbrances 30,093.00 22,233.68 154,825.71 177,059.39 30,093.00 Baltuce to Complete 72,275.36 2,633.25 1,694.00 43,500.00 2,000.00 38,500.00 160,602.61 % Complete 54.50% 90.48% 94.55% 0.00% 0.00% 0.00% CAPITAL IMPROV%MBNT PROJECTS FUND 320 AS OF DECEIvlBER 31,2001 Project Number C0201 C0202 C0204 C1202 C1203 CI204 CI206 C1218 C1221 C1226 C1228 C1229 C1230 C1231 C1232 C1233 C1234 C2201 C2202 C2203 C2204 C2205 C2206 C2207 C2208 C2209 C2210 C6202 C7204 C9208 ~Des~ription Stormwater Management Plan Update BSSC F5~ 2001 improvements Compound Storage Shed Riverview Park improv Phase 1 FY01 ReroofShelters ~ Parl~ Schumann Park improvements Land Purchase & Compund Extension Fleming St Drainage (Swales, etc.) Orange Ay Swale Reconstuct Mulberry SY Culvert-L2.2/23 Unit 4 Xing Cul'vert -Caravan/Crowberry SY Culverts - Unit 2 (3 Culverts) SY Culverts - Unit 3 (2 Culverts) SY Culverts-967 Blossom Dr-Unit 5 SY Culverts--426/432 Tulip Dr-Unit 8 SY Culverts-562 Conchs Dr-Unit 11 Xing Cul'vert-George St ~ Dyke-Unit 6 River,hew Park Improv Phase II Shumann Lake Park Phase I Fencing ~ BSSC Veteran's Memorial Land Purchase behind City Hall Parks Maintenance Building Central Garage improvements Thirteen (13) Side Yard Culverts Three (3) Swale and Xing Pipe Upgrades Six (6) Crossing Culvert Replacements Elkham Dam Yacht Club Renovation Hardee Park Restroom Improvements Current Prior Year Year Ail Years Budget ~ Expenditures Exnenditures ]~l~cumbrance~ 200,000.00 4,902.64 28,231.59 33,134.23 121,967.00 320,288.00 3,110.00 233,953.45 237,063.45 16,544.00 14,802.57 11,782.57 11,782.57 3,020.00 425,000.00 986.40 6,432.22 7,418.62 6,000,00 780.86 780.86 87,000.00 8,700.00 31,586.96 40,286.96 46,395.00 31,509.00 0.00 0.00 29,724.82 18,714.53 11,010.29 29,724.82 50,869.83 37,121.34 13,748.49 50,869.83 12,649.39 6,061.24 6,588.15 12,649.39 6,470.00 2,381.74 2,381.74 25,638.00 3,559.23 7,650.82 11,210.05 19,620,00 3,879.21 3,879.21 743.00 9,292.00 3,330.93 2,483.71 5,814.64 9,178.00 1,395.50 1,395.50 8,658.00 1,927.93 1,927.93 3,801.00 1,737.41 1,737.41 400,000.00 398,000.00 398,000.00 33,000.00 0.00 12,100.00 0.00 34,200,00 0.00 178,000.00 178,000.00 178,000.00 62,150.00 0.00 116,150.00 0.00 107,139.05 1,739.71 1,739.71 19,058.82 5,036.26 5,036.26 5,216.00 27,940.56 0.00 5,000.00 1,021,200.00 772,626.36 772,626.36 65,670.00 80,702.09 I7,779.49 42,560.60 60,340.09 20,362.00 58,580.00 45,809.30 45,809.30 11,494.00 3 410 721.t3 6~.941.77 1 226 567.16 1 913 608.93 296,411.00 B~ancc to Complete 44,898.77 66,680.55 0.00 417,581.38 5,219.14 318.04 31,509.00 0,00 0,00 0.00 4,088,26 14,427.95 14,997.79 3,477.36 7,782,50 6,730.07 2,063.59 2,000.00 33,000.00 12,100.00 34,200,00 0,00 62,150.00 116,150.00 105,399.34 8,806.56 22,940,56 182,903.64 0.00 1,276.70 1,200,701.20 % 77.55% 79.18% 100.00% 1.75% 13.01% 99.63% 0.00% 100,00% 100.00% 100.00% 36.81% 43.72% 23.56% 62.58% 15.20% 22.27% 45.71% 99.50% 0.00% 0.00% 0.00% 100.00% 0.00% 0.00% 1,62% 53.79% 17.90% 82.09% 100.00% 97.82% CrI'Y OF SEBASTIAN TRANSPORTATION CAPITAL PROJECTS FUND 330 AS OF DECEMBER 3 l, 2001 Number C0302 C1302 C1303 C1304 C1305 C1306 C1307 C9301 C2301 C2302 C2303 C2304 C2305 Description Fleming Street Sidewalk Barber St Improvements Pha~e II Main Street Landscaping CR. 512 Alley Improvement~ Tulip Drive Bikepath Schumann Dr Bik~ath Extension Clock Tower/Fellsm~ra Road Barber St Bridge improv City Hall Parldng Lot Louisiana Improvements B~rber St Sidewalk (CR512 to Hardee Park) Main St/Wimbrow Dr Sidewalk Hardee ParldWimbrow Dr Sidewalk Current Prior Balance Year Year Ail Years to % Budget Expenditures Ex~endituras Exp~ndituras Encumbrances Complete Complete 64,900.00 7,840.00 32,034.90 39,874.90 25,025.10 61.44% 281,340.00 3,080.88 30,856.78 33,937.66 6,961.02 240,441.32 12.06% 10,000.00 0,00 10,000.00 0.00% 146,000.00 0.00 146,000.00 0.00% 35,200.00 0.00 35,200.00 0,00% 20,400.00 0.00 20,400.00 0.00% 32,072.00 32,230.99 32,230.99 332.00 (490.99) 100.50°/, 309,660.00 32,850.01 32,850.01 276,809.99 10.61% 30,800.00 0.00 3,193.00 27,607.00 0.00% 300,000.00 8.84 8.84 299,991,16 0.00% 71,500.00 0.00 71,500.00 0.00% 93,500.00 0.00 93,500.00 0.00% 71,500.00 0.00 71,500.00 0.00% 1,466,872.00 43,160.71 95,741.69 138,902.40 10,486.02 1,317,483.58 CITY OF SEBASTIAN ROAD PAVING PROJECT FUND FUND 335 AS OF DECEM]3ER 31, 2001 Project Number Description C8308 Road Paving Project Budeet 3,850,855.00 Current Prior Balance Year Year All Years to Expenditures ~ Expenditures Encumbrances Complete Complete 1,945.00 2,698,115.97 2,700,060.97 313,752.04 837,041.99 70.12% CITY OF SF. IIASTIAN GOLF COURSE PROJECTS FUND 415 AS OF DECEMBER 31, 2001 Project Number Description C0402 Seal & Asphalt Parking Lot C1401 Golf Course Renovation Current Prior Balance Amended Yeax Year All Years to % Budeet Expenditures Expenditures ~ Encumbrances Complete Complete 35,200.00 2,463.52 6,533.40 8,996.92 26,203.08 25.56% 712,500.00 1,931.53 684,031.54 685,963.07 26,536.93 96.28% ...... ~747_.,7~9,0.00 ..... ~4:~395;.05 6~0,564.94 694,95939 0.00 52,740.01 CITY OF SEBASTIAN AI~..P ORT PROJECTS FUND 455 AS OF DECEMB~ 31, 2001 Project Nu~nber Description C0501 5 Year Capital Improvement Plan C0503 IUW Lighting and Security Fence Ct502 T-Hangar Construction C1505 Access Roads, Water/Sewer, Gates C1506 Maintenance Facility C2501 Rehab of R_unway 9-27 C2502 Install Security Fencing C2503 Construct T-I-langers Current Prior Balance Amended Year Year All Years to % Budget E.~.pendituras ~ Expenditura~ Encumbrance~ Complete Complete 300,000.00 7,227.55 207,642.44 214,869.99 85,130.01 71.62% 228,750.00 30,590.10 30,590.10 8,817.00 189,342.90 13.37% 531,250.00 27,992.10 21,730.00 49,722.10 42,598.00 438,929.90 9.36% 500,000.00 20,605.89 30,531.00 51,136.89 25,988.00 422,875.11 10.23% 71,739.00 1,196.00 1,196.00 5,973.00 64,570.00 1.67% 230,000.00 0.00 230,000.00 0.00% 30,000.00 0.00 4,312.00 25,688.00 0.00% 100,000.00 0.00 100,000.00 0.00% 1 991 739.00 55 825.54 291 689.54 347 515.08 87 688.00 1 5562535.92 17.45% CITY OF SEBASTIAN SCHEDULE OF [NVESTMENTS BY FUND WITH TI:rE STATE BOARD OF ADNUNISTRATION AS OF DECEMBER 31, 2001 GENERAL FUND LOCAL OPTION GAS TAX DISCRETIONARY SALES TAX RIVERFRONT REDEVELOPMENT RECREATION IMPACT FEE STORMWATER UTILITY FEE DEBT SERVICE CAPITAL PROJECTS CAPITAL iMPROVEMENTS TRANSPORTATION CAPITAL PROJECTS GOLF COURSE GOLF COURSE PROJECTS AIRPORT AIRPORT PROJECTS CEMETERY TRUST 50.72% 0.53% 1.31% 2.00% 0.86% 6.78% 1.90% 3.10% 14.46% 5.74% 5.41% 0.23% 1.28% 3.02% 2.65% 3,951,850.96 41,415.98 102,106.25 155,617.03 67,184.82 527,973.20 148,370.10 241,618.57 1,126,685.91 447,492.70 421,529.48 18,019.47 99,969.58 234,931.10 206,214.72 Sub-total 100% $ 7,790,979.87 AIRPORT 100% $ 184,162.53 GOLF COURSE 100% $ 442,508.87 PAVING LOAN 100% $ 993,615.56 TOTAL $ 9,411,266.83 City of Sebastian, Florida OFFICt[ OF Tilt[ CITY ATTC}RN![Y AGENDA TRANSMITTAL Subject: Ordinance O-02-04; BOA ~edesignafion Agenda No. Date Submitted: 1/15/02 For Agenda of: 1/23/02 Exhibits: O-02-04 Legislative and Final Format.,. P & Z Minutes SUMMARY: During the review of boards and committees undertaken by the Council, it was determined that the Board of Adjustment had such infrequent business that the City would be better served if its members were freed to perform other civic 'service and the Council was designated as the Board. The BOA and the Planning Commission concurred. The ordinance is presented in both pure legislative format and, because of the sheer volume of strike-throughs, a final language version that highlights new language. RECOMMENDED ACTION: Move to pass Ordinance O-02-04 on first reading and set adoption hearing for February 13, 2002. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGE 'R-~ LEGISLATIVE FORMAT ORDINANCE NO. 0~02- 04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-1~2.5, BOARD OF ADJUSTMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS; City Council recently conducted a review of City Boards and Committees and determined that due to the Iow number of variance requests that are submitted to City staff, the City Council should act as the Board of Adjustment when needed; WHEREAS, the Planning and Zoning Commission, on December 6, 2001, following a public hearing on the matter, passed a motion to recommend that City Council act as the Board of Adjustment when needed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 54-1-2.5 of the Land Development Code, City of Sebastian, Florida, Board of Adjustment, is hereby amended to read as follows: Sec. 54-1-2.5 Board of adjustment A. Establishment. The ~^~'~ of Ordin2~css, City cf Sc?~st!.--n Cit~ Council shall act as the Board of Adjustment. B. Authority, Power and Rules of Procedure 1. Authority. In no instance shall the board grant any use of land in any zoning district other than those uses allowed in such district as a permitted use or a conditional use. 2. Duties and Powers. The Board of Adjustment shall have the following powers. a, Hear and Decide Administrative Appeals. Hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any Land Development Code or regulation adopted pursuant to this act, unless otherwise provided herein. b. Hear and Decide Requests for Variances. Hear and authorize upon appeal such variance from the terms of the ordinance as will not be contrary to the public interest pursuant to Section 54-1-2.5(C)(2). c. Require Attendance at Hearings and Administer Oaths. The Board of Adjustment shall have the authority to compel the attendance of witnesses at hearings or meetings and to administer oaths. 3. Rules of Procedure. The ~ Be=rd cf Adjustmc.-,t :h?-l! rnav establish and adopt Rules of Procedure by Resolution for the Board of AdiustmeBt ~. c. .M-"-!.".t=.-.-".-.:e cf Rccerdc. All recP_rds and official minutes of the Board of Adjustment shall · -.,~,-.,~, ..... ,~ -~-.~.~.,- ~.:~, .... +~ ~.,~ ~,+~, ......... ~ .~i~ filed with the office of the City Olerk. C. Criteria for Determinations by the Board of Adjustment 1. Criteria for Review of Administrative Orders. In review of Administrative Orders, the Board of Adjustment may, upon appeal and in conformity with provision of this act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination made by an administrative official in the enfomement of any land development regulation or regulation adopted pursuant to this act, and may make any necessary order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. 2. Criteria for Determining Variances. in order to authorize any variance from the terms of this Ordinance, the Board of Adjustment must find the following: a. Existence of Special Conditions or Circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. b, Conditions Not Created by Applicant. That the special conditions and circumstances do not result from the actions of the applicant. c. Special Privileges Not Conferred. That granting the variance requested will not confer on the .applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d, Hardship Conditions Exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. e. Only the Minimum Variance Granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. Not Injurious to the Public Welfare or Intent of Ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the Comprehensive Plan and this Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. g. Conditions and Safeguards May Be Imposed. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with Chapter 163 ~ the Comprehensive Plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. h. Time Limit May Be Imposed. The Board of Adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the Board. i. No Use Variance Permitted In Specified Instances. Under no circumstances shall the Board of Adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings; in other zoning districts shall be considered grounds for the authorization of a variance. D. Procedures for Processing Matters Before the Board 1. Appeal Proceedings. As provided in Section 54-1-2.2(D), appeals to the Board of Adjustment concerning interpretation or administration of the Land Development Code may be taken by any aggrieved person or by any person or officer of the City's governing body affected by any decision of the Planning and Growth Management Director or designated administrative personnel. Such appeals shall be taken within a reasonable time, not to exceed ten (10) days after the rendering of the order, requirement, decisions, or determination appealed, by filing with the Planning and Growth Management Director a notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the rules of the Board. The administrative officer from whom the appeal is taken shall, upon notification of the filing and prior to the hearing date, transmit to the Board of Adjustment all papers or materials constituting the record upon which the action appealed was taken. 2. Hearing of Appeal, Notice Required. The Board of Adjustment shall establish a reasonable time for the hearing of appeal, give public notice thereof consistent with Section 54-1-2.8, as well as notice to the parties in interest and decide the same within a reasonable time. At the hearing any party may appear in person or be represented by an agent or by an attorney at law authorized to practice in the State of Florida. Appellants may be required to assume such reasonable costs in connection with appeals as may be determined by the City Council through resolution in setting of fees to be charged for appeals. 3. Procedures for Processing Variances. A variance from the terms of these regulations shall not be granted by the Board of Adjustment unless and until; a. A written application specifying the grounds for the variance is submitted. See Section 54-1-2.5(D)(1) Administrative Appeal. b. Notice of public hearing shall be given as identified in Section 54-1-2.8 herein. c. The public hearing shall be held, with the aggrieved parties appearing in person or represented by an attorney at law authorized to practice in the State of Florida. d. The Board of Adjustment shall determine that the application is complete and that granting the variance meets the Criteria for Granting Variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure. 4. Stay of Proceedings. An appeal to the Board of Adjustment stays all work on the premises and all proceedings in furtherance of the action appealed unless the administrative official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Planning and Growth Management Director and on due cause shown. 5. Expiration of Variance Determinations. Variances shall become void if not exercised within six (6) months of the date granted, unless specifically determined otherwise in writing by the Board of Adjustment. 6. Extension of Variance Determinations, Before this six (6) months period has expired, the applicant may make a request to the Board of Adjustment by letter for an additional Six (6) months extension. Any further extensions of time shall require a new application to be processed as a new case. 7. Recommendation Filed. On all proceedings held before the Board of Adjustment, the Planning and Growth Management Director shall review the application and file a recommendation on each item. Such recommendations shall be received, heard and filed prior to final action on any item before the Board, and shall be part of the record of the application. (in reference to Administrative Appeals, a summary explanation shall be filed in place of a recommendation). E. Appeals Review of Board of Adjustment Decisions *.e the Appeals of decisions by the Board of Adjustment shall be final unless otherwise stated herein. However, any affected .party ;~,,,~;,,~ ,~,, r,~,,, ~ ........ ~,~,~,~ ~,~ aggrieved by a decision of the Board of Adjustment may seek certiorari review before ~ ef~pea-~ the decision on the record in the manner provided bv law by (! my, ~ days of the decision of the Board of Adjustment. It sha!l rcq~irc~cu~(4) ..... ;~; .... ~ +~,i~, ~,-,~ +:., ..... ,,~,.,+ ~.~.,,~.i ...... ; .... ~"' +~'~' City ~ ..... ' and~m' = :~+ ~ a .... R ,.,,4 o+ .... ,,-, ..... ,4;,,., A oetition for writ of certiorari · ~., ...... -~,~.t +~,._ ,,~,..._ r,;+,,~..~ r-__=. ..... ....' shall, upon filing, stay all proceedings in furtherance of the order or decision appealed from, unless the City Council finds that ,-Jay-reaee,mef- ~.,-+ ....... +...~ ~,,,¢~... :~,.~.,~ ,., ^.~;,,,.+.,..,.+ ,.. r,;+,, ~.+.~ a stay would cause immediate peril to life or property,, ..... + k ...... +,.~;,-,; ....~ ...... +,..,-i k,, ,.,,,,~,.~, ,,. +u~, ,, - ,+, L~ .,, ,, +~, ...... ~ Nothing in this section shall be deemed to impair the authority of any court of competent jurisdiction to enjoin or stay actions of the City Council, Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY, in the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately following its adoption by the City Council. The foregoing Ordinance was moved for adoption by. The motion was seconded by and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J, Majcher, Jr. Councilmember Ray Coniglio The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of February, 2002. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney NEW LANGUAGE UNDERLINED ORDINANCE NO. 0-02- 04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-1-2.5, BOARD OF ADJUSTMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; 'PROVIDING FOR AN EFFECTIVE DATE. WHEREAS; City Council recently conducted a review of City Boards and Committees and determined that due to the Iow number of variance requests that are submitted to City staff, the City Council should act as the Board of Adjustment when needed; WHEREAS, the Planning and Zoning Commission, on December 6, 2001, following a public hearing on the matter, passed a motion to recommend that City Council act as the Board of Adjustment when needed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 54-1-2.5 of the Land Development Code, City of Sebastian, Florida, Board of Adjustment, is hereby amended to read as follows: Sec. 54-1-2.5 Board of adjustment A. Establishment. The City Council shall act as the Board of Adiustment. B. Authority, Power and Rules of Procedure 1. Authority. In no instance shall the board grant any use of land in any zoning district other than those uses allowed in such district as a permitted use or a conditional use. 2. Duties and Powers. The Board of Adjustment shall have the following powers. a. Hear and Decide Administrative Appeals. Hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any Land Development Code or regulation adopted pursuant to this act, unless otherwise provided herein. b. Hear and Decide Requests for Variances. Hear and authorize upon appeal such variance from the terms of the ordinance as will not be contrary to the public interest pursuant to Section 54-1-2.5(C)(2). c. Require Attendance at Hearings and Administer Oaths. The Board of Adjustment shall have the authority to compel the attendance of witnesses at hearings or meetings and to administer oaths. 3. Rules of Procedure. The City Council ma~v establish and adopt Rules of Procedure bv Resolution for the Board of Adiustment. All records and official minutes or__the Board of Adjustment shall be filed with the office of the City Clerk. C. Criteria for Determinations by the Board of Adjustment 1. Criteria for Review of Administrative Orders. In review of Administrative Orders, the Board of Adjustment may, upon appeal and in conformity with provision of this act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination made by an administrative official in the enforcement of any land development regulation or regulation adopted pursuant to this act, and may make any necessary order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. 2. Criteria for Determining Variances. In order to authorize any variance from the terms of this Ordinance, the Board of Adjustment must find the following: a. Existence of Special Conditions or Circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. b. Conditions Not Created by Applicant. That the special conditions and circumstances do not result from the actions of the applicant. c. Special Privileges Not Conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. Hardship Conditions Exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. e. Only the Minimum Variance Granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. Not Injurious to the Public Welfare or Intent of Ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the Comprehensive Plan and this Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. g. Conditions and Safeguards May Be Imposed. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with Chapter 163 ,F.S., the Comprehensive Plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. h. Time Limit May Be Imposed. The Board of Adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the Board. i. No Use Variance Permitted In Specified Instances. Under no circumstances shall the Board of Adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings; in other zoning districts shall be considered grounds for the authorization of a variance. D. Procedures for Processing Matters Before the Board 1. Appeal Proceedings. AS provided in Section 54-1-2.2(D), appeals to the Board of Adjustment concerning interpretation or administration of the Land Development Code may be taken by any aggrieved person or by any person or officer of the City's governing body affected by any decision of the Planning and Growth Management Director or designated administrative personnel. Such appeals shall be taken within a reasonable time, not to exceed ten (10) days after the rendering of the order, requirement, decisions, or determination appealed, by filing with the Planning and Growth Management Director a notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the rules of the Board. The administrative officer from whom the appeal is taken shall, upon notification of the filing and prior to the hearing date, transmit to the Board of Adjustment all papers or materials constituting the record upon which the action appealed was taken. 2. Hearing of Appeal, Notice Required. The Board of Adjustment shall establish a reasonable time for the hearing of appeal, give public notice thereof consistent with Section 54-1-2.8, as well as notice to the parties in interest and decide the same within a reasonable time, At the hearing any party may appear in person or be represented by an agent or by an attorney at law authorized to practice in the State of Florida. Appellants may be required to assume such reasonable costs in connection with appeals as may be determined by the City Council through resolution in setting of fees to be charged for appeals. 3. Procedures for Processing Variances. A variance from the terms of these regulations shall not be granted by the Board of Adjustment unless and until; a. A written application specifying the grounds for the variance is submitted. See Section 54-1-2.5(D)(1) Administrative Appeal. b. Notice of public hearing shall be given as identified in Section 54-1-2.8 herein. c. The public hearing shall be held, with the aggrieved parties appearing in person or represented by an attorney at law authorized to practice in the State of Florida. d. The Board of Adjustment shall determine that the application is complete and that granting the variance meets the Criteria for Granting Variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure. 4. Stay of Proceedings. An appeal to the Board of Adjustment stays all work on the premises and all proceedings in furtherance of the action appealed unless the administrative official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Planning and Growth Management Director and on due cause shown. 5. Expiration of Variance Determinations. Variances shall become void if not exercised within six (6) months of the date granted, unless specifically determined otherwise in writing by the Board of Adjustment. 6. Extension of Variance Determinations. Before this six (6) months period has expired, the applicant may make a request to the Board of Adjustment by letter for an additional six (6) months extension. Any further extensions of time shall require a new application to be processed as a new case. 7. Recommendation Filed. On alt proceedings held before the Board of Adjustment, the Planning and Growth Management Director shall review the application and file a recommendation on each item. Such recommendations shall be received, heard and filed prior to final action on any item before the Board, and shall be part of the record of the application. (In reference to Administrative Appeals, a summary explanation shall be filed in place of a recommendation). E..Review of Board of Adjustment Decisions. Appeals of decisions by the Board of Adjustment shall be final unless otherwise stated herein. However, any affected party aggrieved by a decision of the Board of Adjustment may seek certiorari revie~w before the Circuit Court of the decision on the record in the manner provided bv law within thirty (30.~._.~ day, s of the decision of the Board of Adjustment. A petition for writ of ce.~iorar~i shall, upon filing, stay all proceedings in furtherance of the order or decision appealed from, unless the City Council finds that a stay would cause immediate peril to life or property. Nothing in this section shall be deemed to impair the authority of any court of competent jurisdiction to enjoin or stay actions of the City Council. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section4. EFFECTIVE DATE. This Ordinance shall take effect immediately following its adoption by the City Council. The foregoing Ordinance was moved for adoption by The motion was seconded by and., upon being put to a vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. Councilmember Ray Coniglio The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of February, 2002. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney PLANNING AND ZONING COMMISSION /~,,, MINUTES OF REGULAR MEETING OF DECEMS:E;I~6, 2001 ATTO R__N BY MATTERS; D. Consideration and Recommendation to/CCi~Council'-.~'o,. _ procedural change - City Council to act as Board of Adjustment proposed Because Atty. Stringer left the meeting at 8:30 P.M., Tracy Hass presented information on the proposed procedural changes to have City Council sit as the Board of Adjustment. Tracy noted that several months ago City Council reevaluated the needs for all the different Boards and committees of the City and determined that in the best interest of the community some Boards may not be needed any longer. He indicated that since the variances are routinely handled by staff, the Board of Adjustment has only met once in the past year and Council also felt that the present members of this Board could better serve on other Boards or committees. He then noted that any change to the Land Development Code requires a recommendation from the P & Z Commission. There was a brief discussion about whether the concentration of power would ensure a fair hearing, and it was determined that that issue cannot be predicted. MOTION by Barrett/Rauth I'd like to make a recommendation to City Council that they act as the Board of Adjustment. Roll call: Mr. Barrett - yes Acting Chmn. Vesia - yes Mr. Smith - yes Mr. Mahoney - yes Ms. Carbano - yes Mr. Svatik - yes Mr. Rauth ~ yes The vote was 7 - 0, Motion carried. The meeting was adjourned at 8:40 P.M. (12/10/0'1 AB) AGENDA TRANSMITTAL Subject: Engineering Services for Boat Docking& Pier/Mooting Facility. Ap0roved l~or ~ubmittald~ Terrence 1LCl~loore, City Manager Agenda No. ~J2..DI q Department Origin: ~/~,,~_~,~,._ Finance Dept.: /f/~f2/f,.~_~o~=~y Date Submitted: January 15, 2002 For Agenda of: January 23, 2002 Exhibits: EXPENDITURE REQ~D: $27,500 AMOUNT BUDGETED: $250,000 REQUIRED: None APPROPRiATiON SUMMARY November 4, 2000, the City entered into an agreement with Florida Inland Navigation District (FIND) for financial assistance pertaining to certain Indian River Waterway Enhancements. The enhancement that comes before you today is professional engineering services related to structural design ora public boat docking & pier/mooring facility, which will be located on the waterfront of the old Good Guy's property and dilapidated pier area. The scope of work is professional consulting services related to removal of the old pier and design of new piers. Pier replacement includes one (1) 502' long by 6' wide pier & includes thirty six (36 slips), and one (1) 450' long by 6' wide pier & includes twenty eight (211 slips). Estimated cost for the piers is, City Cost $150,000, FIND Cost $100,000. Kimley-Hom and Associates, Inc., is the City's Continuing Services Engineer of record, and has agreed to perform Structural Design Engineering for the above described project on a hourly basis, in accordance with their existing contract with the City, with a not to exceed mount of $27,500, Staffrecommends authorization to expend up to $27,500 for Kimley-Hom to perform the aforementioned slmctural design engineering services. RECOMMENDED ACTION Move to authOrize staffto execute a work order with Kimley-Hom in the amount of, not to exceed $27,500 for engineering services related to the pier project. City of Sebastian, Florida AGENDA TRANSMITTAL Subject: Ordinance 0-02-05; bicycle regulations Agenda No. O Z. 0 2 0 Date Submitted: 1/17/02 For Agenda of: 1/23/02 SUMMARY: The Police Department seeks local regulations of bicycle rider laws so that a program of bike safety classes in lieu of fines may be instituted. RECOMMENDED ACTION: Move to pass Ordinance 0-02-05 on first reading and set adoption heating for February 27, 2002. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: ORDINANCE 0-02-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA CREATING SECTION 98-9 BICYCLE REGULATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City Council finds that local regulation of bicycle riders will enhance enforcement through greater flexibility; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended to create Section 98-9 which shall read as follows: SEC. 98-9 Bicycle Regulations (1) A person operating a bicycle may not ride other than upon or astride a permanent and regular seat attached thereto. (2)(a) A bicycle may not be used to carry more persons at one time than the number for which it is designed or equipped, except that an adult rider may carry a child securely attached to his or her person in a backpack or sling. (b) Except a provided in paragraph (a), a bicycle rider must carry any passenger who is a child under 4 years of age, or who weighs 40 pounds or less, in a seat or carrier that is designed to carry a child of that age or size and that secures and protects the child from the moving parts of the bicycle. (c) A bicycle rider may not allow a passenger to remain in a child seat or carrier on a bicycle when the rider is not in immediate control of the bicycle. (d) A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passengers' head by strap, and that meets the standards of the American National Standards Institute. As used in this subsection, the term "passenger" includes a child who is riding in a trailer or semi-trailer attached to a bicycle. (e) A bicycle rider or passenger who violates this subsection may be issued a city citation by a law enforcement officer and assessed a fine. (3) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway. (4) The City may waive, reduce, or suspend payment of any fine imposed under subsection (2) or subsection (3) and impose conditions on the waiver, reduction, or suspension. (5) All bicycle violations will be annotated on the existing City Parking Violation Citations, entered in the other block. (6) Moving and Helmet violations will be assessed a $25.00 fine. (7) Violators may attend a bicycle safety class that will allow the fine to be waived, reduced, or suspended. Section 2. CONFLICT. All conflict herewith are hereby repealed. Section 3. SEVERABILITY. ordinances or pads of ordinances in In the event a court of competent jurisdiction shall hold or determine that any pad of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision, it shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. immediately upon its adoption by the City Council. EFFECTIVE DATE. This Ordinance shall take effect The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill Councilmember Ray Coniglio The Mayor thereupon declared this Ordinance duly passed and adopted this 27th day of February, 2002. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SiGN-UP SHEET JANUARY 23, 2002 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THiS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form, The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: PUBLIC HEARING SIGN-UP SHEET January 23, 2002 02.005 Second Readin.q and Second Public Hearina on Ordinance No. O-02-01 Moratorium on Cell Phone Towers ('City Attorney TransmittaJ, O-02-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELECOMMUNICATION TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATION TOWERS; PROVIDING FOR EXCEPTIONS; SE'I-I'ING FORTH EXPIRATION; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE, NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS PUBLIC HEARING SIGN-UP SHEET January 23, 2002 02.006 Quasi-Judicial Public Hearin.q Ordinance No. 0-02-03 - Revised Conceptual Plan within Lake Dolores (GMD Transmittal 0~0.2.-03, Con..q._eptual Plan, Location Map and P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR THE VILLAGES OF LAKE DOLORES PLANNED UNIT DEVELOPMENT TO PROVIDE USES FOR A 2.25 ACRE TRACT ORIGINALLY DESIGNATED FOR 'FUTURE DEVELOPMENT'; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS