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Home My WebLink About06132001HOME OF PEUCAN iSlaND CITY COUNCIL REGULAR MEETING AGENDA PACKET WEDNESDAY JUNE 13, 2001 7:00 PM HOM[ OF PELICAN' ISLAND SEBASTIAN CiTY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 13, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y 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 ted minutes per speaker (IR-99-2~) CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Rev. Edwin Creel, Sebastian River Worship Center 4. ROLL CALL 5. AGENDA .MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wfftten agenda may be added only upon a majority vote of City Council members (R-99-21) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 01.064 A. Boys & Girls Club of Indian River County - Location Ideas for a Sebastian Facility (No Backup) 01.028 B. Paul Tischler - Fiscal Impact Analysis Relating to Future Annexation (No Backup) 7. CITY ATTORNEY MATTERS 8. CITY MANAGER MATTERS 01.149 A. 2nd Annual Riverfront Art & Music Festival. (City Clerk Transmittal 6/4/01, Application) 1-6 01.150 B. Load Limit Logistics within the City of Sebastian (No Backup) 9. CITY CLERK MATTERS 10. CITY COUNCIL MATTERS 01.151 7-10 11. 11-22 01.152 23-24 01.153 25-28 01.154 29-32 12. 01.147 33-4O Mayor Barnes B. Vice Mayor Bishop C. Mr. Barczyk D. Mr, Hill E. Mr. Majcher Possible Endorsement to National Fire Protection Association (FL League of Cities Fax Alert) CONSENT 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. A. Approval of Minutes - 5/23/01 Regular Appropriate Sufficient Funds and Approve City Council Travel to FL League of Cities Annual Conference in Orlando 8/23/01 - 8/25/01 (City Clerk Transmittal 6/7/01, Conference Info) Resolution No. R-01-44 Authorizing the City Manager to Apply for Funding from Indian River County Children Services Advisory Committee for the Truancy Intervention Program in the North County Area (Police Transmittal 6/7/01, R-01-44) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, .AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE INDIAN RIVER COUNTY CHILDREN SERVICES ADVISORY COMMITTEE FOR THE TRUANCY INTERVENTION PROGRAM IN THE NORTH COUNTY AREA SebaStian River Art Club - Request to use Riverview Park for annual art shows (City Clerk Transmittal 5/29/01, Application) PUBLIC HEARING Procedures for public hea~fng$: (R-99-21) · Mayor Opens Hea#ng · Attorney Reads Ordinance or Resolution ° Staff Presentation · Public Input- Limit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Headng · Council Action Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record Ao Public Hearing - Ordinance No. O-01-12 -Amending LDC Section 54-5-22.2 Lowest Floor Definition (City Manager Transmittal 6/7/01, O-01-12, Recommendation letter from the Florida Department of Community Affairs and P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-5-22.2 DEFINITION OF TERMS: LOWEST FLOOR; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. 01.071 41-47 01.009 49-59 01.155 61-66 01.147 01.132 67-74 01.156 75-82 13. 14. 15. 16. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC 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 for each speaker COMMITTEE REPORTS/RECOMMENDATIONS A. CODE ENFORCEMENT BOARD Interview Applicant, Unless Waived, and Appoint to the Position (City Clerk Transmittal 6/1/2001, Application, Board Member List, Advertisement) B, PLANNING AND ZONING COMMISSION Interview Applicants, Unless Waived, and Appoint One to the Regular Member Position (City Clerk Transmittal 6/1/2001, Applications, Board Member List, Advertisement). C. BOARD Of ADJUSTMENT Interview Applicant, Unless Waived, and Appoint to One of the Regular Member Positions with Terms to Expire in June 2004 (City Clerk Transmittal 6/1/2001, Application, Board Member List, Advertisement) OLD BUSINESS Proposal for Vacation of Easement Workshop as Directed by City Council on May 23rs, 2001 (No Backup) NEW BUSINESS First Reading for Ordinance No. O-01-13 - Regulation of Watercraft on City Waterways - Schedule Public Headng for July 1 lt~, 2001 (City Attorney Transmittal 5/29/01, O-01-13) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-2-7.8 REGULATION OF WA TERCRAF? AND CHAPTER 110 ARTICLE II WATERCRAF~ PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. B First Reading for Ordinance No. O-01-14 - Collecting Fees from Communication Service Providers - Schedule Public Hearing for July 11th, 2001 (City Attorney Transmittal 5/30/01, 0-01-14, Florida League of Cities Information) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO REQUiRiNG AND COLLECTING PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS SERVICES AND INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR iNTENT; PROVIDING FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 01.157 C. 83-91 First Reading for Ordinance No. O-01-15 - Recreational Impact Fee - Schedule Public Hearing for July 11th, 2001 (City Attorney Transmittal Fee 6/7/01, O-01-15) AN ORDINANCE OF THE CiTY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 74 TO CREATE ARTICLE III RECREATIONAL iMPACT FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. 01.099 D. 93-99 Resolution No. R-01-43 - Approve interlocal Agreement with IRC for Joint Planning Activities for Davis Parcel (City Attorney Transmittal 6/7/01, R-01-43, Interlocal Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING AN INTERLOCALAGREEMENTWiTH INDIAN RIVER COUNTY FOR JOINT PLANNING ACTIVITIES FORAN EIGHTY ACRE PARCEL OF LAND KNOWN AS THE DAVIS PARCEL; PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE. 01 .OO2 E. 101-104 Resolution No. R-01-45 - Request Funding for County Road 512 Enhancements (City Manager Transmittal 6/7/01, R-01-45) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REQUESTING COUNTY PLANNING AND FUNDING FOR COUNTY ROAD 512 ENHANCEMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 00.161 F. City Attorney's Evaluation (no backup) 17. ADJOURN (Afl meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majodty vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACTTHE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Uocomin(~ Meetin~(3s:: · Regular Meeting - Wednesday, · RegularMeet~ng - Regular Meeting ~ · Regular Meeting - · Regular Meeting - Wednesday, Wednesday, Wednesday, Wednesday, Regular Meeting. Wednesday, Regular Meeting - Wednesday, Regular Meeting. Wednesday, Regular Meeting - Wednesday, 6/27/2001 - 7pm 7/11/2001 - 7 pm 7/25/2001 - 7 pm 8/8/2001 - 7 pm 8/22/2001 - 7 pm 9/12/2001 - 7 pm 9/26/2001 - 7 pm 10/10/2001 - 7 pm 10/24/2001 - 7 pm 4 1225 Main Street Sebastian, Florida 32958 .Telephone (561)589-5330 FAX (561) $89-5570 Subject: 2~ Annual Riverfront Art & Music Festival Exhibits: Application Expenditure Required: I Amount Budgeted: Agenda No. 01.14 9 Department Origin: City Clerk Date Submitted: 6/4/01 For Agenda of: 6/13/01 Appropriation Required: SUMMARY STATEMENT Although this event does not require City Council approval since it is a City sponsored event, it is brought to you for information purposes. Any questions should be directed to the City Manager. RECOMMENDED ACTION Consider the request and act accordingly. RECEIVEB ~ITY OF SEBASTIAN ~FFICDeF CITY CLERI:~'. JUN q Prq 3 :;3 mo, hiOJ~, OI~ PIrLIC,&N 15L~D CITY OF SEBASTIAN PARK USE PERMIT APPLICATION Please Check the Appropriate Box: Park Event: Special Event: 50 to 300 Attendees _.(City Manager Approval Required) 301 or More Attendees V7' (City Council Approval Required) Date: Permits May Only be Issued in the N~rn~ of'An A~iuT~r ['-eg~;lly OrganiZed Organization Mailing Ad'dree~: ,~.~il---~.~_'~ ~L Name of Organization or Group:~ ~n~ Rain Date(s): Will there be any sal~ of goods? Y..~ N __ If yes, pmease describe type of goods for sale on aRached sheet Food or other typ~s of vendors? Y~ ~' N __ Number of vendom If yes, please list name, address and type of wndom, and schematic of any structures to be erected or othe~ise assambled on na~ page. -1- List any requested vendor information and/or schematics on this page. ._.~c~s & -2- I, . . ., the undersigned, acknowledge that I am the applicant or the authorized agent of the applicant. I further acknowledge that I am aware of the provisions of the City of Sebastian Codes in respect to this application and the use of the City facilities for which I have' applied for a permit to allow a special event. I have made myself familiar with the general rules and regulations prescribed by the City and agree to the terms of the special events permit. I further acknowledge that I am aware that forfeiture of my security deposit could result for damages to the facilities including failure to properly clean up following the use of the facilities. I further understand that a forfeiture could occur if violations of the City Code (Section 74) or for a viola,tipn 'of any provisions or conditions of this permit for which I have applied. I agree to these con~/~/~~ons by my signature on this application and acceptance of the special event permit. ~cant/Agent S~gn~tu're .... ~,~.,, ,,.. :.;,-.., ~ ,~J, 13 FFIC:E .,.~,,,,,,.~,.? ,.,~,,~,,:,,~,.~, ~. ~,,., ~.~,,. ........ .,..,~ .... USE ....... ,'; ...... ~ ........................... .,,.,,..,:,~. ,., ~, ,.- .,.. ~ONI~¥..., .,,.,,,,.-,.'~ ...... ,-,~ ,~.~,, ,, Approved by City Manager Date Approved by City Council: (if necessary)~ Date Park Event Reservation Fee of $ 50.00 paid on. Special Event Reservation Fee of $ i 00.00 paid on Park Event Secudty Deposit of $100.00 paid on Special Event Security Deposit of $100.00 paid on Riverview Park Picnic Pavilion Reservation of $ 25,00 ~ day paid on: Riverview Park Picnic Pavilion Reservation of $ 50,00 full day paid on: Riverview Park Picnic Pavilion Security Deposit of $ 25.00 paid on: Park Event Electric Use Fee of $15.00 ½ Day paid on: Park Event Electdc Use Fee of $ 25.00 Full Day paid on: Special Event Electric. Use Fee '($50.00 Minimum) as Determined by City Manager 3aid on: -3- · space and such other lradifionally related activities. However, these provisions shall specifically not apply to the SebaZdan l~nicipal Gol~ Course. ~ ~pec~alEv~t means u~1~zafion of a Recreal~on Faci~ty, other limn a Pubic-Use Facility, I . or auy portion thereof for any planued or orgau~zed even14 other thru m,, ciW'sP?mred~i I "e'v-~~ at wMch ~he City Mauager reas°nably b~eves re°re thau ~ O0 pers°ns will a~emd' ' ~¢rw®~ FaciZi~es means a~y slruc~e connoted on or over the waterways of the City such as a public doclQ boat ramp, .seaWall or boardwa~ as w~ auy pedeslrian walkway consUmcted or maintained by the Cky range over or alon~ i~s watorways. Section 2. Tha~ soctioa 74-2 of th~ Code of Ordinances, City o£ Seba~aa, Florida 'h6reb~ amended to road as follows: Sea. 74-2. ]Designation by Resolution The City Council shall·designate by resolution the classi~ca~ioa'undcr ~'J~ Chapter of · each.l~roa~ior~ Fadh~ in the City~ 'Sectium 3. That ~octiot 74-3 of the Code of Ordinances, City Of Sebastian, Florida is hereby amended te road as follows: Sec. 74-3. Regulations; promulgation and approval bY resolution. (a) The City M~-~ger. is hereby empowered and authorized to adop.t, 'promulgate and enforce reasonable rules and regulafiom wtfich shall apply to City ILecreati0nal Facilities. Co) All roles and regulations promulgated and adopted pursuam to tt~s article shall, in order :o bo effective, be posted in a con.~picuom place in the area'where they are intended to be effective. The ox/atonce of such signs at any place ~ the City shall be prima facie ~wid~c, such signs were erected or placed with the authoriBr of the City Manager. (e) Any person violating any such role or regulatioa promulgated and posted pursuant to ~ article shall bo subje.ct to a fine of ap to $500.00. (d) The Oi~ Council may by resolution, remove or modify any regulation ............... ~_ _pmmulgaterl pursuant.to_this_secdcm, -of. Flon'da.League Cities ' "' / ' -':' ' "- ' '" ':: '.- "':i?'.')?: :':'".~?~:-:":: ':'::?": ? ' ':. TO: . I~y Officials · $'A~ST Members I..o~onal'League_COntaet~ FROM: DATE: ' Allison Payne, senior LegislafiveAdvocate .'May 22~ 2001 SUB,rI~T: NFPA Gives' Inflial App~.v.~..to.:. New Deployment..Standard. ~ Face' of City .iOpposition - . . As anticipated, .despite strong opposition from .cities, state.,.lea~ues, the National League.of Cit. ies (NLC), and other groups representing state .anti local .gevemm~nts that were excluded from 'the "consemus'.~ process, the membership o£.the.Nationn! Fire Protection.Association (NFPA) on May .16 voted to recommend approval of proposed, standard '1710.by.a show of hands. The estimated vote at the Annh~im. Convention Center:was 23,00 to 500' for the proposed standard. Prior to the 6-month registration deadline to' lmve voting rights at the meeting, the'International Association o£Firofighters . (IAFF) reportedly provided financial .support to firefigl~rs.to.'join NF-PA un~ attend the meeting. hazard, situations).und -response times', for. Career..dep~wUnents oF. no .more than four minutes for initial "...experience dramat~ increases .inemergan~y:'services ara/Frog' and:' facility requirements. :rf~lTlO .is.' · . 'finally adopted and cities, do not :comPly, :they 'could .fac~ .liability :claims; OSHA:noncompliance penalties; and expanded. ' ' ~ ' ' ' ' " . financml'Iiabihty./ri'the :.labor.. neget/ation process,..NFPA '1,7i0 ,~lermines . lo~al policy-~g and management.authority and disregards'the 'local 'variations in geography,.. ":tOpography,. fisc.~a~:.capacity~:p°pu~ati~ndemi~.anddi.ve~ity~f~stmctums.w~tha~.c°mmun/ty... .. -.The May 16 vote. i~ advisory, only.and.not conclusive.. The i~nal:determlnation as to whether 1710' .becomes an official standard will be. decided'by the.'NFPA Sumdards Council, which mee~s-'in · .'.. "'.San l~ranci'sco~.California on.jaly, lO:13. A.hearing'befote the Standards .Council in San'Francisco · ... to present an appeal. of the vote hasbeen requested~ :Several associations ~nd many cities are expected ..... ~ urged to join re.the.appeal.. Information on.how to participate in the appeal 'is attached. To i sue 1:10 as mndar . :<i A star.is Co'ii Wou i h? ,0 igno its -' m/ssion,..which is .to. pmv/de and advocate "scientifically-based consensus codes and standards." There · ClearlY iS no Consensus on. :standard i'710, 'and-the proposed 'standard is not scientifically-based. No'. · ~lected official and only one city manager served on tl~ NFPA technical comm:ttee that recomn~nded ...'.proposed standard ·1710 for .a~. priori. Post Office Box I757 * T~llahu~ee, ~orida 32302 * (850) 222-9~ * Suneom 27g-5331 I~AX (gS0)222-3806 : The proposed: standards was opp°sed by NLC; Internati°nal City/County.Management Assoeiation (ICMA), U.,S..Conference' of Mayors (USCM)~ NatiOnal Assooiation of Counties, the National ConferenCe. of State Legislatures-and at.'least 3 $ '.sram municipal leagues, including the Florida League In a separate action, .the Nlra membemhip voted ,aho ,to recommend adoption of proposed 'Standard .1,720 by',the .Stanflard. s Conrail,. NFPA !720'apph',eS.;to.; voluntee..r, de__htS, It requires an,initial. ,aSsembly .of at least' four",personne!, bef0re':ilre'.'supPress:ion'aetivities' 'can" begha at a. structural fire. When assemble~ voluntee4-, s mast,be able to,'Safe!y'sUnin', g fu~fighting .w~thin two minutes; 90'pereen-~ o£the time., Provisions for combinsd.fire departments arc n°tmentioned in eitizr 1710.or 1720. Action: - - How to Appeal 31'FPA 1710 or.1720 Appeal~ Due to NYI~A on.June 6 .Standard 17!0 .now' gOes before the NYPA"$1aadards Couacil for final coasidemtioal Ii'the Couacii' al~. roves . .171.0' and :!720,,o~ly.' then will ti~y .become o:ffi¢ial staadards o£NFPA... The'League.strongly ~ges'¢ities m..fiie an'appeal of tie Vote. There are two bask farms of appeals: .' (i1): writtea.,agpeals.l.and: (2)-.a request to appear,, in, per ,~.n before...the...standards Council (which also' Attaehefl is a'b0ilerpla~' eXample.of an. appeal.letter, The League encourages you'.to customize this letter w provide specific examples o~'how t 7 t0, or..1720 woukl.affeCt your ~mmanity. ..[NOte: Under NF~yl guidelroes' appellants.are urged tO~pro~i~.a one-page summary oft heir appeals . and are. encouraged to.limit enclosures to 2.0,.t~,age{:.°,r'.f~er.] .. Several Florida cities,Were, active in submitting the'ir opposition to NFPA 1.710 and 1.720 and .it's ' important thatcities continue effons to appeal..these proposed standards, Work with YOur fire chiefs to ,cite specific examples of how .this could affect your city, Local & Regional League contacts .are urged'.to Share :this issue with their cities. Should you,'have 'any questiOm ,or. require, additional information, please contae~ Carol Westmoreland · ormyselfat the Florida,League,at (800) 342,8112. . ,. Attac~nt ',Gary Taylor, .Chair,;and 1Vl~mharS ofti~ NFPA Standards C'oUnC~l, . .. ' ' ' ~' '" · ,_Arm: Casey Crrant,.'$eCretary'to,the Council "~,,,." ~ . ...... One. Batte ,xymam.. 'h Park. : ..... Quincy,' MA.02269,,910 I' D,~'Chair. Taylor md Mambers ofll~..~A: standai'ds~Coamil: p0inta..iderwifad,ab0ve Thank y0u:for comideration of this appeal.. Sincerely, ' [To.'~e signe, d'~y mayor, members.of the council 'cauncit chair, or;city manager] Don Bom~ ~National. Laague of Cities .. 7 [~riefly list reasans. Below are some of. the reaSOns c#ies m~ wish to It undermines democratic decision-making at the local l~el; "'? '~' .._ It violates NFPA',s. mission statement;' .1710 undermines public safety, by.forcing.cities'~'-~hif; resources.away from fire prevention 1710 is outside NFPA ptLrview;.- - . No elected local ottleials were included'on, the-1710/1720.Technieai. Committees and no effort .was. made by NFPA:' :to .invite. representatives..: 0f the National .L~...gue of Cities of U..S. Conference of Mayors.to participate'in the process;, and -,. 1710/1720 Will have.wide-rangiag ariel .tmlmende~"fallout. should it become, a standard. The attached, council resolution, merrnranda,', and other-materials explain in greater'derail'to- each of the _ Our opposition is'based on. the,following The.city council. of ur. ge.s ..the NFPA~ Standards Council to reject NFP~ !7t0 (and/or .1720) in its,(0r their) ontir~y../Tnsert one ofthc, foll°Wingtwo options here:.- ..... (!.) Although-a.rePresentative of my city. is unable to ':travel to .San..Fran~iSco' for an in-person app,a~ this letterand enclosures identi~.the reasons we~urge..rejection of. 1710/1720; or (2). My city WiShes to' have.a desigmted:rePresentative appear before the. Council at its meeting in San Fra~isco in July to explain our re. rang oppositionto '17t0/1720.. I under~tand that NFPAwfll serd m~ a:. specific dat~ ami. location ofthis.l~arins. . .: " HOME OF PELICAN' 15LAND DRAFT SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 23, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET-~ SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 pm. The Pledge of Allegiance was recited, Reverend John Morrissey of St. Sebastian Catholic Church gave the invocation. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams City Engineer, Ralph Brescia Public Works Director, Terry Hill 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) Mayor Barnes requested addition of a proclamation under presentations. Regular City Council Meeting May 23, 2001 Page Two DRAFT 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 01.009 A. Presentation of Certificate of ADDreciation to Wilbur O'Donnell - Plannino and Zonin.cl Commission Mayor Barnes read the certificate, however, Mr. O'Donnell was not present. 01.138 A. 1. Proclamation, Ememencv Medical Services Week Mayor Barnes read the proclamation, however, Lt. Mark Daniels with the indian River County Firefighter Firemedic Association was not present to accept it. 01.125 B. Presentation by Representative(s) of AT & T Broadband Cable Michael Woods, Attorney with AT&T Broadband Cable, gave a brief presentation on the transfer of the cable franchise. Mr. Woods indicated that they anticipate closing on an agreement June 29th, advised that Michael Tank will be a governmental affairs point person in the area, and assured the council that Mr. Tank would introduce himself, and would help answer citizen complaints. Mr. Bishop said the new fiber optic would improve reception. Ken Vickers said the broadcast channels have inherent problems due to the process of receiving them and is certain that many of them may be able to be corrected by an interconnect. CITY ATTORNEY MATTERS Requested. a workshop with .a national expert the third week of July on the stormwater assessment and said he would report back on the exact time. Stated he will have the outboard language on the next agenda 8. CITY MANAGER MATTERS Reported on the capture last night of Ronald Sabik a wanted cdminal for sexual assault on minors featured on May 19~h episode of America's Most Wanted. Officer Tom Poore, Officer Dale Robinson, and Captain Puscher assisted federal marshals with this capture on Indian River Ddve 9:30 pm. 01.072 Presentation by Architect John Dean - Scope of City Hal!. Internal Restoration Architect John Dean, Veto Beach, submitted a proposed plan for the City Hall restoration and briefly described it. Mr. Dean stated that Burr Jones from the city Engineering Dept., Engineer Mike Lou from 'Vero Beach, plumber David Wosiak, and Art Krieger have been helping with the proposal. Mr. Dean responded to questions from Council relative to security and alarm systems. Regular Council' Meeting May 23, 2001 Page 3 DRAFT 01.139 = CITY..CLERK MATTERS A. Introduction of New Deputy City Clerk - Jeanette...Williams The City Clerk introduced the new Deputy City Clerk, Jeanette Williams. 10. CITy COUNCIL MATTERS Mr. Maicher Asked if the City received any correspondence regarding the resurfacing (from transfer station south) on Gibson Street. The City Manager stated the official response from Indian River County Public Works was that the property was in city limits and was the City's responsibility. It was discussed that the property would be absorbed into the Scrub Jay Mitigation Park but it had not come to fruition. The City Manager stated that about 5-6 years ago the project was to be incorporated into a partnership but that also did not come to fruition. Mr. Majcher said when Indian River County representatives came to talk about the Scrub Jay Habitat Plan that was one main question he bought up, and he understood that the County would take care of it. The City Manager said he will bring updates in the future. Said he was still receiving phone calls about people smoking within Barber Street Sports Complex ballfield areas and the City Manager said signs will be posted, .Mayor Barnes Explained for the benefit of the public that Sebastian sits over a shallow aquifer from which people draw their well water, and that is the reason for current restrictions. Cited a call from a resident who boats on Schumann Lake, noting he haS a 40 hp motor on his boat, that it is too heavy for him to lift off and asked if he could leave it on in Schumann Lake. Discussed the removal of commercial mulching machine language from the Land Development Code; and said he had asked the City Attorney to bring back language to put it back on the books. Vice Mayor Bi,shop Inquired whether the skateboard waiver requires that helmets and pads be worn in the park, noting he had observed children not wearing them today, and asked whether the City could be held liable. The City Attorney stated that the park has two attendants who will enforce the wearing of helmets and pads. Regular Council Meeting May 23, 2001 Page 4 Mayor Barnes discussed prior Council action on interaction with the Indian River County on recreation programs, suggested that other Council members read the materials, and perhaps partnerships be looked into again to gain funding for the City. D. Mr. Barczvk Continued with discussion of safety equipment at the Skateboard Park. The City Manager reported that the City received donation of some equipment which can be loaned to children who do not have any. Mr. Barczyk continued relative to trash and priority of providing parking. E. Mr. Hill Stated the Skateboard Park opening was great and that he hoped fees can be addressed in the future with an eye to reduction. Suggested that a professional from one of the water management districts address Council on the need for emergency water restrictions and the current condition of the aquifer. TAPE I - SIDE II (7:47 p.m.) The City Manager.said he would contact St. John's River Water Management District, and noted the south Florida water district restriction is very much like Sebastian's restriction. He said he will try to bring a representative in to talk to Council. 11. CONSENT 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. A. Approval of Minutes -'5/9/01 .Regular City Council O1.125 Resolution No. R-01-38 - Transfer Charter Communications to AT&T Cable (City Manager Transmittal 5/15/01, R-01-38) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE TRANSFER OF FALCON CABLE MEDIA, A CALIFORNIA LIMITED PARTNERSHIP A/K/A CHARTER COMMUNICATIONS, iNC.., A DELAWARE CORPORATION, SYSTEM AND FRANCHISE TO TCl CABLEVISiON OF MISSOURI, INC., PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. O1.072 Resolution No. R-01-39 - Authorize City Manager to Apply for Historic Preservation Special Category Grant from Flodda Dept. of State, Division to Restore Old Sebastian Elementary School/City Hall Building (City Manager Transmittal 5/15/01, R-01-39) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A HISTORIC PRESERVATION SPECIAL CATEGORY GRANT FROM THE FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.' 4 Regular Council Meeting May 23, 2001 Page 5 01.140 D. 01.141 E. 01.142 F. 01.148 G. 01.143 H. Resolution No. R-01-40 - Vacation of Easement - MGB Construction (City Manager Transmittal 5/16/01, R-01-40, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 111, SEBASTIAN HIGHLANDS UNIT 2; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE, Resolution No. R~01-41 -Vacation of Easement - Bell (City Manager Transmittal 5/16/01, R-01-41, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT OVER LOTS 22 AND 23, BLOCK .~78, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS HEREVVlTH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Authorize City Manager to Execute Interagency/Public Works Agreement - Florida Dept. of Corrections, Indian River Correctional Institution and City of Sebastian Police Department (City Manager Transmittal 5/15/01, Proposed interagency agreement) Request for Execution of Florida Communities Trust Grant Extension for County Acquisition of Scrub Habitat in Sebastian City Limits: "VVabasso Scrub Addition" (Letter from Indian River County and Addendum 3 to Conceptual Approval Agreement) Juana Delapaz - Wedding Reception at Community Center June 23 until 12:00 a.m., A/B .(City Manager Transmittal 5/11/01, Rental Permit Application) Mayor Barnes pulled item D. Mr. Bishop pulled item E. MOTION by Hill/Majcher "1 move approval of consent agenda items A, B, C, F, G and H." ROLL CALL: Mayor Barnes - aye Mr. Bishop -aye Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye MOTION CARRIED 5-0 Item D The City Attorney responded to Mayor Barnes' question about Indian River County's Utilities request to retain 10 feet on the north and south portions of the easement. He advised that their consent is not mandatory to the approval and an adequate explanation had not been provided. Regular Council Meeting May 23, 2001 Page 6 MOTION by Bames/Barczyk "1'11 move to approve item D of the consent agenda." DRAFT' ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 item E Mr. Bishop expressed concern for giving up city property.. It was noted that this house and other structures could fit on the lot without vacating a portion of the rear easement, and discussion continued on banning these types of vacations. It was stated that this is not city property but city right of access; and if the city does not need it, the property owner should be able to utilize it. It was the consensus of Council to schedule a workshop, and the City Manager said he would invite stormwater consultants, Camp, Dresser and McKee to attend the workshop. MOTION by Bishop/Barczyk "1 make a motion to defer item to time uncertain after our workshop," ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 12. PUBLIC HEARING - None 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Tut Connelly, Sebastian, distributed a "log of citizens concerns and suggestions" from 1997 and discussed load limits on city roads. The City Attorney noted that to be able to enforce this, scales would have to be purchased, Discussion took place on negotiating an agreement with FDOT to provide this service, and the City Manager said he would look into it and report back. Regular Council Meeting May 23, 2001 Page 7 DRAFT Sal Neglia, Sebastian, asked if there was a zero tolerance policy on water restriction violations, The City Attorney said Council gave Code Enforcement officers the authority to cite people on the first offense in its emergency resolution. Mayor Barnes suggested the Chief be advised to let his people know of this. Mr. Neglia asked about false alarm citations; and what type of classes will be held upstairs in city hall. Alida Hirshfeld, thanked the City Council and City Manager for obtaining the grant for the skateboard park; and asked for the exact days and times of the water restrictions, noting the City Hall was watering on a Sunday at 3:34 p.m. 14. COMMITTEE REPORTS/RECOMMENDATIONS 01.009 A. PLANNING AND ZONING COMMISSION Accept resianation of Clarence Barton from Planning and Zonin,q Commission (~Letter from Mr. Barton) MOTION by Hill/Majcher "So moved," ROLL CALL: Mr. Majcher Mr. Hill Mayor. Barnes Mr. Bishop Mr, Barczyk - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Aoooint Emil Svatik, Jr. to Plannin.cl and .Zoni_n..q Commission U..nexpired Alternate Position ¢Citv Mana.qer:.....T..ransmittal 5/16/01, Applica..tipn. Board Member Li~ Advertisement) MOTION by Majcher/Hill "1 make a motion to appoint Emil Svatik to the planning and zoning commission unexpired City Manager transmittal of 5/16/01" ROLL CALL: Mr, Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr, Majcher - aye MOTION CARRIED 5-0 Regular Council Meeting May 23, 2001 Page 9 DRAFT 15. OLD BUSINESS - None 16. NEW BUSINESS 01.137 A. Curt Oxford Wood Carvinas of Sebastian - Waive. Bid and Purchase New Riverview Park Si.qn $9,400.00 (City Manager Transmittal, .5/17/01, Illustration) Curt Oxford addressed City Council on the proposed sign. Discussion took place on dimensions of the sign, their compliance with the Land Development Code, and the accessibility of lettering. Mr. Oxford said a cover will cost approximately $1000 extra. TAPE Ii - SIDE I (8:35 p.m.) Discussion continued. Tut Connelly, Carolyn Corum, Sal Neglia, and Charles Stachel addressed City Council on the size and cost, use of city personnel to advertise other businesses and location of the sign. MOTION by Hill/Majcher "1 move to waive formal bidding procedure and purchase marquee' information sign for Riverview Park from Curt Oxford Wood Carvings of Sebastian, FL for $9,400.00." ROLL CALL: Mayor Barnes - aye Mr. Bishop - nay Mr. Barczyk - nay Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 3-2 (BishOp, Barczyk- nay) Mayor Barnes called recess at 9:05 pm and reconvened the meeting at 9:15 pm. All members were present. 01.144 B. Resolution No. R-01-42 - Chanae in Purpose of FDOT Grant from Taxiwav Rehabilitation to Construct T-Hanclars and Install Runway Liahtin~ (Citv Manacler Transmittal, 5/17/01, Letter to FDOT (5/3/01 ~, R-01-42. Two JPAs Previously ApProved) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING AN AMENDMENTTO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENTS; REDUCING THE AIRPORT TAXIWAY GRANT FROM $500,000 TO $425,000 AND ITS DESCRIPTION FROM "REHABILITATE AIRPORT TAXIWAYS" TO "CONSTRUCT T-HANGARS"; SUPPLEMENTING THE "iNSTALL RUNWAY LIGHTING" GRANT WITH THE REMAINING $75,000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDED JOINT PARTICIPATION AGREEMENTS EFFECTING THESE CHANGES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Regular Council Meeting May 23, 2001 Page 9 01.075 C. 01..145 D. DRAFT The City Manager briefly explained the amendment, recommended approval, and responded to questions from Council on the need for the t-hangars citing plans for an industrial park in Indian River County. Discussion followed on the hangars being a revenue source for the City. The City Manager stated the t-hangars were included in the airport master plan. MOTION by Majcher/Barczyk "1 move to approve Resolution. R-01-42 to change the use of FDOT grant money from "Taxiway Rehabilitation' to "Construct T-hangars" and "Install Runway Lighting." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr, Hill - aye Mayor Bames - aye MOTION CARRIED 5-0 Authorize the Purchase of Audio and Video EauiDment for City Council Chambers from Pro Video Sales Comp..a_.nv in the amount..o.f $12,047.50 a.n,d Appropriate, same amount from no.n- departmental contin.ge, ncv fund ('City M..ana,qer Transmittal 5/16/01, Quote Tabulation Form) The City Manager explained the proposed equipment purchase and recommended approval. The City Clerk noted that rolling public notices would be posted. MOTION by Bishop/Barczyk "1 move to approve agenda item 01-075." ROLL CALL: Mr. Barczyk ~ aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Award Bid for~ C...e..m...etery Arches, and Gates to Coastal Ornamental and Iron Works in the amount of $22.,5,66.00 (City Ma,g.,aaer Transmittal 5/11/01, Bid T.a..bulation) The City Manager stated the bid was $4,000.00 under budget and recommended approval. The Public Works Director stated that the arches would be aluminum. DRAFT Regular Council Meeting May 23, 2001 Page 10 MOTION by Bishop/Hill "1 move to approve agenda item 01.145." ROLL CALL: Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk - aye - aye - aye - aye ~ aye MOTION CARRIED 5-0 01.146 E. Award Bid for Aauatic Weed Contrql.t0..Applied Aquatic Mana,qement, Inc. as recommended (CityManaRer Transmittal 5/1..4.../..0.1, Bid Tabulation) The City Manager briefly explained the proposed contract for weed control, recommended approval, and responded to questions from Council, The Public Works Director said there was $30,000 budgeted this year for this contract. The City Attorney advised a special use exception could be included in language prohibiting motor boats from Schumann Lake, MOTION by Barczyk/Majcher "1 move to adopt agenda item # 01-146." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 01.046 F. Chan.qe Order #2 to Asp..h..ia!t Recvclin.~ inc. Contract and AD~)roDriate $60,918.00 (City ManaQer Transmittal 5/7/01, Chanoe Order.#2) The City Engineer distributed an Asphalt Recycling Site Plan. (see attached). TAPE'Ifl ~ SIDE I (9:35 p.m.) (Tape II - Side II was by-passed inadvertently) Carolyn Corum addressed Council on use of recycled tires in paving and playgrounds, and discussed sidewalks to accommodate handicapped access. The City Engineer replied that the City continually looks into recycling programs. MOTION by Majcher/Bishop "1 move to approve change order #2 to Asphalt Recycling, Inc. contract and appropriate $60,918 for same." ]0 Regular Council Meeting . May 23, 2001 Page 11 ROLL CALL: Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill - aye - aye - aye - aye - aye gRAFT 01.147 G. MOTION CARRIED 5-0 First Re.adin,q - Ordinance No, O-01-12,..amendi.n.q LDC. Section 54-5-22.2 Lowest Floor Definition Schedule Public Hearin,q June 1..3. 2001(City Mana.q.er Transmittal 5/11/01, Recommendation letter from the Florida Departmen.t of CPmmU,QitY Affairs and P & Z Recom. mendation AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-5-22.2 DEFINITION OF TERMS: LOWEST FLOOR; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILiTY; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-12 by title, and explained the State of Florida advises that everyone use their definition of "lowest floor". MOTION by Barczyk/Bishop "1 move to approve Ordinance No. O-01-12 and schedule a second reading and public hearing for June 13, 2001." ROLL CALL: Mr. Bishop - aye Mr. Barczyk ' - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye 17. MOTION CARRIED 5-0 Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:47 pm. Approved at the , , 2001 Regular City Council Meeting. Walter Barnes Mayor Sally A, Maio City Clerk City of Sebastian Subject: Florida League of Cities 75= Annual Conference i ,,,~. ~, ....... £xhlbit~: ¢c~f'~rence Information Expenditure Required: Agenda No. 01. ]. 5 2 Department Origin: City Clerk -~'~\ Date Submitted: 6/7/2001 For Agenda of: 6/13/2001 Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Florida League of Cities is holding their 75th Annual Conference on August 23-25, 2001 at the Wyndham' Palace Resort and Spa in Lake Buena Vista, Flodda. Council members have been notified to let this office know if they wish to attend. (According to Code of Ordinance Sec. 2-77 Council members shall obtain authorization to travel pdor to any travel at a regular city council meeting.) RECOMMENDED ACTION Move to appropriate sufficient funds into Education and Travel and approve Council members aff~ndance at the Florida League of Cities 75~ Annual Conference to be held August 23-25, 2001 atthe Wyndham Palace Resort & Spa in Lake Buena Vista, Florida. · '" " ''" :" · · · ; ",' i': '.":'" Wyndham pal'ace Resort,' ~ .spa.., ~' .. Lake 'Buena V~sta City of Sebastian Subject: Resolution No. R-01-44 Truancy Intervention Program/North Exhibits: ..' .,- R-01-4'4 , Expenditure Required: Agenda No. Department Origin: Date Submitted: For Agenda of: Amount Budgeted: I 01.153 Police Department 6/7/2001 6/13/2001 Appropriation Required: SUMMARY STATEMENT The Indian River County School Board has requested the City of Sebastian Police Department to apply for an approximately $40,000 grant from the Indian River County Children Services Advisory Committee for the purpose of providing a Truancy Intervention Program for the North County area. This grant will be a turnkey grant in that the City will receive the funds and reimburse the School Board for the salary of the truancy officer. The Police Department will provide in-kind services of office space, telephone, and electric in the holding cell area of the Police Department during the course of the school year. RECOMMENDED ACTION Move to adopt Resolution No. R-01-44 authorizing the City Manager to apply for a grant from the Indian River County Children Services Advisory Committee for the Truancy Intervention Program in the North County area. RESOLUTION NO. R-01-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORI]DA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE iNDIAN RIVER COUNTY CHILDREN SERVICES ADVISORY COMMITTEE FOR THE TRUANCY INTERVENTION PROGRAM IN THE NORTH COUNTY AREA. WHEREAS, the School District of Indian River County provides funding opportunities for truancy intervention programs; WHERF~S, the City has been advised by the School District of Indian River County of the availability of funds under this program; NOW, THEREFORE lie IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: Section 1. AUTHORIZATION. The City Manager or his designee is hereby authorized to apply for funding from the Indian River County Children Services Advisory Committee for the Truancy Intervention Program in the North County Area. Section 2. CONFLICTS. conflict herewith are hereby appealed. All resolutions or parts of resolutions in Section 3. upon its adoption. EFFECTIVE DATE. This resolution shall take effect immediately A motion to adopt the foregoing Resolution was made 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 Ben A. Bishop Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared ~ Resolution duly passed and adopted this day of ,2001. CITY OF SEBASTIAN, FLORIDA By:. Walter Barnes, Mayor ATTEST: SALLY A. MAIO, CITY CLERK APPROVED AS TO FORM AND LEGALITY: R/CH STRINGER, CITY ATTORNEY SEB.&S. Ti&N HONI£ OF Plti. IC_AN ISLABID 1225 Main Street Sebastian, Florida 32958 Telephone (561) 589~5330 FAX (56I) 589-5570 Subject: Special Event Park Use Approval anager ibits:t/ ApplicatiOn Agenda No. 01.15 4 Department Origin: City Clerk~x' Date Submitted: 5/29/01 For Agenda of: 6/13/01 Expenditure Required: SUMMARY STATEMENT An application has been received from Barbara Bonah, President of the Sebastian River Art Club requesting use of the park on the following dates from 10:00 AM to 4:00 PM for Art Shows: October 27, 2001 - Raindate 10/28/01 November 1% 2001 - Raindate 11/18/2001 December 15, 2001 - Raindate 12/16/2001 January 19, 2002 - Raindate 01/2012002 February 23 & 24, 2002 March 16, 2002 - Raindate 03/17/2002 April 20, 2002 - Raindate 04/21/2002 RECOMMENDED ACTION Consider the request and act accordingly. C~/0~ CiTY OF SEBASTIAN · PARK USE PERMIT APPLICATION Please-Check the Appropriate Box: Park Event: Special Event: Permits May Only be I~d In the Name of ~ Aault or Legally O~d O~an~on Name af Organization or Group: Reason for Use: ~ ~ 50 to 300 Attendees _(City Manager Approval Required) 301 or More Attendees ~' (City Council Approval Required) Requested Date(s): Rain Date(s): ........ Time of Use: From: // Will there be any sale of goods? If yes, please describe type of goods for sale on attached sheet. T.o: ~. Food or other types of vendors? Y __ N '~ Number of vendors If yes, please list name, address and type of vendors, and schematic of any structures to be erected or otherwise assembled on next page. -1- /a~ ~~,gned. acknowledge that, am the applicant or the Uthorized agent of the. a~pplicant. I further acknowledge that I am aware of the provisions of the City of Sebastian Codes in respect to this application and the use of the City facilities for which I have applied for a permit to allow a special event. I have made myself familiar with the general rules and regulations prescribed by the City and agree to the terms of the special events permit. I further acknowledge that I am aware that forfeiture of my security deposit could result for damages to the facilities including failure to properly clean up following the use of the facilities. I further understand that a forfeiture could occur if violations'of the City Code (Section 74) or for a violation of any proVisions or conditions of this permit for which .I have applied. I agree to these conditions by my signature on this application and acceptance of the special event permit. ¢~pplicant~Agent Signature Approved by Cit) Approved by City Council: (if necessary) Date Park Event Reservation Fee of $ 50.00 paid on · _~--~/~ Special Event' Reservation Fee of $100,00 paid on/ Park EVent Security Deposit of $100.00 paid on Special'Event Security Deposit of $100.00 paid on Riverview Park Picnic Pavilion Reservation of $ 25.00 % day Paid on: Riverview Park Picnic Pavilion Reservation of $ 50.00 full day paid on: Riverviaw Park Picnic Pavilion Security Deposit of $ 25.00 paid on: Park Event Electric Use Fee of $15.00 % Day paid on: Park Event Electric Use Fee of $ 25.00 Full Day paid on: Special Event Electric. Use Fee ($50.00 Minimum) as Determined by City Manager paid on: -3- City of Sebastian, Florida Subject: Public hearing and second reading for Ordinance No. O-01-12, amending the land development code, City Code Section 54-5-22.2 De£mition of Terms: Lowest Floor. Agenda No. 01.1 z~ 7 Department Origil3: t Grow~ Tracy E. Has~~ Date Submitted: June 7, 2001 For Agenda of: June 13, 2001 Management Exhibits: Ordiaafiee No: '0-01-12, Recommendation letter from the Florida Department of Community Affairs, and P & Z recommendation. EXPENDITURE AMO~ BUDGETED: APPROPRIATION KEQUIRED: None REQUIKED: None None SUMMARY The Florida Department of Community Affairs (DCA) has requested that the City amend the existing definition of "lowest floor" to comply with state regulations. Essentially, the DCA has asked the City to adopt the definition recommended by the Federal Emergency Management Agency (FEMA). Attached you will fred the amended definition, which reflects the FEMA version of lowest floor. The Planning and Zoning Commission held a public heating on May 3, 2001 and forwarded a recommendation for approval to the City Council. The City Council passed the first reading of Ordinance No. O-01-12 at the regular City Council meeting held on May 23, 2001. RECOM2~NDED ACTION Hold a public heating and the second reading of Ordinance No. O-01-12. OR_DI~A.NCE NO. 0-01-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING ~ LAND DEVELOPM]ENT CODE, CITY CODE SECTION 54-5-22.2 DEFI~VITION OF TERMS: LO WE, gT FL OOR; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WI3t;REAS, the' Department of Community .Affairs Division of Emergency Management conducted a Community .Ass/stance Visit on the City of Sebastian's Floodplain. Management Program on March 27, 2000; and Wl=IEREAS, the Division of Emergency Management recommended that the'City amend its definition of"lowest floor" to match the state definition; and WI-IEREAS, a public hearing was held before the Planning 'and.Zoning Commission on · May 3, 2001, and that body recommends approval of the amendment herein; and W'I:~REA$, the City Council upon due public hearing has considered the same and found said amendments to be in the best interest of the citizens of Sebastian; NOW, Ti:EEREFORE, BE IT ORDAINED BY. T'I:EE CITY' COUNCIL OF THE CITY OF SEBASTIAN, IND~ RIVER COUNTY, FLORIDA, as follows: Section 1.. That section 54-5-22.2 of the Land Development Code; City of Sebastian, Florida, DEFJNITION OF TERMS: LO~/EST FLOOR, is hereby to read as follows: Section 54-5-22.2 DEFINITION OF TERMS · * * * * Lowest floor/Reference level). The lowest floor of the lowest enclosed area (including a basement~. An unfinished or flood-resistant enclosure. usable solely for rmrking of vehicles, building access, or storage in an area other than a basement area. is not considered a building's lowest floor vrovided that such enclosure is not built so as to render the structure in violation of reauirements. 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 determine that any part of this Ordinance is invalid, 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 4. EFFECTIVE DATE. This Ordinance shall become effective immediately. The foregoing Ordinance was moved 'for adoption The motion was seconded by Councilmember upon being put to a vote, the vote was as follows': by Councilmember and, Mayor Waker Ba~mes Vice-Mayor Ben A. Bishop Councilmember JOe Barczyk Councilmember James Hill Cotmcilmember Edward J.'.Majeher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this..~day Of 2001. CITY'OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Approved as 'to fOrm 'and legality for reliance by the City of Sebastian only: Sally A. Maio, CMC' City Clerk Rich Stringer, City Attorney DE BUSH Covemar STATE OF FLORIDA PARTMENT OF COMMUNITY AFFA 'Dedicated to making Florida a better pi. ace to call home' IRS 'STEV~.N M, SBBEET Sec~emry Mr. Terz~nce Moore, City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 March 26, 2001 Dear Mr. Moore: I am writing this letter' to inform you that we have not received a Certified copy of the amendments made to Chapter 46, Floods/Flood Damage Prevention as requested in our October 26, 2000, correspondence summarizing the Community Assistance Visit conducted with your sta.ffon . March 27, 2000. In that letter, we requested that the city amend its current Flood Damage Prevention provisions to include a definition for "lowest floor" and include the current Flood Insurance Kate Map had Flood Insurance Study and their effective dates. These amendments will make the provisi(ms compliant with the minimura National Flood Lusurance Program CNFIP) regulations. Please provide the requested. documentation to the State Assistance Office for the NFIP by April 30, 2001. tf you need' clarification or explanation on. any of these items or require additional assistance, please call Ioseph Johnson at 850/413-9951. Sincerely, Division of Emergency Manacement IFM:jpj CC: Brad Loar, IvLitigation Programs Branch - FEMA Rose Austin, Mitigation Programs Branch - FEi'viA George Bonacci, City of Sebastian 2555 SHUMARD OAK BOULI-:VARD * TALLAHASSEE, FLORIDA 32399-2100 Fhone: 850.¢88.8466/Suncom 278.84.66 FAX: 850.921.0781/Suncom 291.0781 Interne~ address: h~tp://www.dca.state.fl.us C~iTICAI. STATE CONC'~'J4 RELD OFRC'~ .?.796 Ove~'eaS HiBhwa¥, Suite 212 Marathon, PL 33050-Z227 (~o5) 2~5-2402 COA4MUNITY PLANNING 2355 Shumatd Oak Bauiewrd Tallahafsee. FL 3239~-~ ~ 00 (SSO) 488-2356 F. MI~CSNCY MANAGFJdENT 7.555 Shumard Oak Boulevard T/llaha.~ee, PL 3239g-21~O (850) 413-gg69 HOUSING & COMMUNITY DEVI"I-OPMENT 25555humaed Oak Boulevard Tallaha~see, FL 32_t9c~2100 (B50) 488..7956 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MAY 3, 2001 The vote was 7 - 0, Motion carried. E. Qua iai Hearing- Site Plan Review- Truman Street [esidential Units & Outside e Plumbing - 920 Randy Mosby of Mosby sworn in by VC Vesia at 7:30 was present g the applicant, and was Mr, Mosby gave presentation exterior paint issue, Tracy Hass gave staff presentation that the present color of the buildin District requirement. Staff recommend report. on the outside storage area. He noted fence does not meet the Riverfrcnt Overlay pproval with the conditions outlined in the staff It was noted that this is a major cation ~ce there is a change of use. VC Vesia opened and closed Public hearing a~7:40 as there was no public input. · / MOTION by .rr:t C arb , · , / I'II recom~e ~c/that we approve Maxwell and S~,ns F~lumbing for their' site plan · modification ~ accordance with the staffs recomt~endations in the staff roper[ one (1) ih six (6). . '~ Roll call: Vesia - yes Mr., Barrett - yes Mahoney - yes Mr, Smith - yes Ms, Carbano - yes Mr. Barton(a) - yes Mr. Rauth(a) - yes The vote was 7 - 0, Motion carried.· .~ F. Public Hearing- Recommendation to City Council- LDC Text Amendment - Sec. $4-,~,22.2 Definition of Terms - Lowest Floor Tracy Hess gave staff presentation and noted that this text amendment is being done to satisfy the State's requirement for the Community Rating System and FEMA, and affects insurance rates for residents of the City. In response to a question from Mr. Mahcney, Tracy responded that this would apply to all zoning districts. There was discussion about how this change would affect the height of buildings, and Tracy noted that it would not since height is measured from established flood elevation. He also noted that all surrounding communities have adopted this language. There was more discussion on this issue, and it was pointed out that the City Code woutd prevent building heights from going any higher than presently established. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEET1NG OF MAY. 3, 2001 MOTION by CarbanolBarrett I make a recommendation that we.recommend this to City Council to change the definition of the lowest floor within our Land Development Code· Roll call: VC Vesia - yes Mr. Barrett - yes Mr, Mahoney - no Mr, Smith. - yes Ms. Carbano -yes Mr. Barton(a) -,yes Mr. Rauth(a) - yes The vote was'6 - 1, Motion carried. (OLD BUSINESS: AcceSsory Structure-.672 Badger Street- Don Wynn . 18'X22' Cabana) MOTION by Barrett/Carbano I recommend that we table that until further notice by staff. Voice vote: 7 - 0, motion carried.. CHAIRLMAN MATTERS.:, None MEMB.ERS M ATTE.P,S ~, Mr, Mahoney inquired about the Skate Board facili_ty, Ms, Carbano noted that' the blue canoPY that was. sitting along U.S, 1 removed. has been D[RECTO, RS MATTERS: None A'~'ORNEy MA'II'ERS.'. . None , VC Vesia adjourned the meeting at 7:52 pm. City of Sebastian Subject: Code Enforcement Board Approved for Submitted by: City Manager Exhibits: application, board member list, advertisement Expenditure Required: I Amount Budgeted: I Agenda No. 01_. 0 7 ]. Department Origin: City Clerk Date Submitted: 6/1/2001 For Agenda of: 6/1312001 Appropriation Required: SUMMARY STATEMENT The Code Enforcement Board has an alternate member position open due to the term expiration of Adrina Davis, who is eligible for reappointment and has submitted his application. No other applications were received. RECOMMENDED ACTION Interview applicant, unless waived, and appoint to the following position: 1. Alternate member position of Adrina Davis - three year term to expire 6/2004 APPLICATION TO SERVE ON CITY BOARD/Co~~ (Ail City Board and Commit,~ Mm~b=s Must be Residents ofth~ City of $~basrian) BUS/NESS: BUSINESS ADDP. ES.T;-'~ ................ BUSINESS PHON~ ~ ....... B~$ F.4J~ ~ .... E-MAILf-- .~u ',z'ou A ~mm.m vo'~.? )kff' ' .. vo't"m.~":~O.,~ '¢~~ ' .... '/0 HOW LONG B~ A S t . '. . , - ' .. .... / ,.Z. ," . DO YOU ~Y'~O~ ~ ~C 'O~. ' DO YOU'P~S~Y ~ ON ~ O~ ~ BO~ OR'CO~9 _ P~ ~cx ~ ~o~s, ~ ~m You ~ ~~ m.s~~ m-o~m o~ ,.~ ~O~OF~ :" :~'' ........ ::'"'"-":; ~" ": "~ " ,' "." ...... .' ¢' co~ ~e~~ ~o~ .-..'.:,..-.,.. co~u~ ~o~ .-. .. ~I~P~ ~-~~ON CO~ ..P~6 ~ ZOne COmmON ~~=~ ~O~Y ~0¢ ~ ~O~Y ~0~ O~ ~O~Y CO~ "-~.~l.~qO kilO. JO ~01_4_-I0 ., N¥115¥11~15 JO r~. 415/99 CODE ENFORCEMENT BOARD MEETS THIRD WEDNESDAY OF MONTH IF HEARING IS NEEDED- 3:00 P.M. MEMBER NAME AND ADDRESS POSITION APPOINTMENT HISTORY Thomas T. Connelly Engineer Position Appointed Rog. Member 'term 149 Kildare Drive Vacated By Metoalf. 9/11196 Sebastian FI 32958 Term Expired: 8/1/99 388-1846 Reappointed Regular Member Position: 9/8/99 Term to Expire: 8/2002 I$ in ff~ Regular Member Year and 2~ Full Term .... Salvatore F. Neglia Member Position Appointed Regular Term: 3~94 461 Georgia Bird Term Expired; 3/97 Sebastian, Florida 32958 Reappointed Regular Terrr~: 4~97 388-5020 Term Expired: 3/1/2000 Reappointed Regular Term: 312000 Term Expires: 3/1/2003 Is ir] ~h Rog Member Year and 3~ ·. Full .Term - No One Else Applied Allen G. Schofield Subcontractor Position Appointed Regular Member 734 Rose Avenue Position Vac. By May: 6/17/98 Sebastian, Florida 32958 Unexpired Term to Expire: 388-1805 2/2000 Reappointed Regular Term: 3~2000 Term to Expire: 2/1/2003 I$ in 3~ Rog Member Year and 1'~ Full Term Ken C0sco Realtor Position Appointed 1st Alternate 6/95 372 Banyan Street Term to Expire: 8/g8 Sebastian, FL 32958 Appointed to Regular Member 388-5432 Realtor Position Vacated by Gilliams: 5/'96 Term to Expire: 3/99 Reappointed to Reguiar Member Realtor Position: 3124199 Term to Expire: 3/1/2002 Is in ff~ Rog Member Year and 2~ Full Term Jayne Barczyk Member Position Appointed Unexpired 609 Caravan Terrace Regular Member Position Sebastian, FL 32958 Of Joseph· Flescher. 919198 388-1949 Term to Expire: 3/2001 Reappointed Regular Member. 2/28/2001 Term to Expire: 3/2004 Is in 1't Pull Term -3roi Regular Member Yea~ Peter Cavallo General Contractor Appointed Alternate Member 518 Saunders Street Position Position: 1/98 Sebastian, FL 32958 Term to Expire: 4~2000 388-3525 Appointed to Regular Member General Contractor Position Vacated by Michael Oliver. 6/98 Unexpired Term to Expire: 8199 Reappointed to General Contractor Position: 5/12/99 Term to Expire: 6/1/2002 Is in 1st t=ull Term - 3rd Regular Member Year Joel Alan Kea. Businessman Position Appointed Businessman POsition 549 Joyhaven Drive Vacated by Elizabeth Sebastian, Florida 32958 Griffin: ,4/2000 388-1154 H Term to Expire: 3/2003 388-2907 b Is in 2"d Re,gular Member Year Adrina Davis Alternate Appointed Unexpired Alternate 668 Benedictine Terrace Member Position Vacated by Sebastian, FL 32958 Donna Merdtt: 589-2408 Term to Expire: 8/2001 Joseph Morozowsl~i Alternate Appointed Unexpired Alternate 3426 Heatherway Lane .Member Position Vacated by Elizabeth Griffin: 9/8/99 Sebastian, FL 32958 Term to Expire:4/2000 589-8024 Reappointed Alternate Member Position: 5/10/2000 Term.to Expire: 4~2003 BOARD RECORDING SECRETARY -Ann Brack HOM~ OF PF..LICAN ISLAND MAY 16, 2001 PRESS RELEASE CODE ENFORCEMENT TIlE CITY OF SEBASTIAN IS ACCEPTING APPLICANTS TO FILL AN ALTERNATE MEMBER POSITION ON TIlE CODE ENFORCEMENT BOARD FOR A THREE YEAR QUALIFICATIONS: RESIDENT OF THE CITY OF SEBASTIAN THIS BOARD MEETS ON THE THIXD WEDNESDAY OF EACH MONTH AT 3:00 P.M. IN TI-IE COUNCIL CHAMIIEKS. APPLICATIONS ARE AVAILABLE IN TI-IE cITY CLERK'S OFFICE, crrYHALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED THROUGH WEDNESDAY, MAY 30, 2001. / City of Sebastian Subject: Planning & Zoning Commission A~r Submitted~..._~: City Manager Exhibits: applications, board member list, advertisement Expenditure Required: Amount Budgeted: Agenda No. 01_, 009 - Department Origin: City Clerk Date Submitted: 6/1/2001 For Agenda of: 6/13/2001 Appropriation Required: SUMMARY STATEMENT The Planning & Zoning Commission has a regular member position open due. to the term expiration of Jean Carbano, who is eligible for reappointment and has submitted her application. One other application was received from Lisanne Monier. RECOMMENDED ACTION Interview applicants, unless waived, and appoint one to the following position: 1. Regular member position of Jean Carbano - three year term to expire 6/2004 APPLICATION TO SERVE ON CITY BOARD/COMMITTE~ (All City Board md Cornmktee Mernbmm Mus~ be Residmts of the City of Sebastian) HOME 1AX: YOU A ~~ VO~? .. VO~ ~G. NO. ' ..... ~ CODE ~OK~ BO~ CONS~U~ON BO~ PONCE ~ BO~ OF ~~ AP~I~CABLE EDUCATION AND/OR..KIfPER/Ii2~CE: (a~.h s~p ~arat~ .REAS6N5 FOR. WANTING T~S]iR.%,q3 ON BOARD' OR. COMMITTEE: , ,' '. ~' ", LIST ANY ADD1T/ONAL QUALIFICATIONS TO SEP, VE ON BOARD.OR COlVINETTF~: HAVE YOU ~ Bl~iq ¢ONVICrI~ 0F ~ FI~01qY IN 'D.IIS OR. ~ ~q?g. TE? . ttAVE YOU EV~4 BEI~ ¢0NVIC'I~"OF ~/~qD~'q'01~..~!VOLVIN~- MORAL I'taw .bm pn:n, ided svith, nad. ~ uncl{:rsi~d Cit'), of Sebasgan Cod~ of Orclina~l:~ S~'n~iom 2-166 throu~ 2~!~ (attachtxf). Information relative to a sp~:ifg bo_a~l or com,.itt~ ~_.availabl~.itr~qu~texL..:, .... ,, p]l)lcant Signatur~ ,,.., ..'":, ,'. ,, ,.',. :.:, i.i.' ~ ,' Notab/Public, S~ otFlorida""-~ \wp=formtapplic'at. wpd my. 4/5199 AP~ YOU A ?d~6I~TEP~D VOT~K? ~ V0T~t.P~G. N0. ' ...... DO YOUPm~Y sR~ ON ~ O~ ~ ~OM:0~'C0~? aO O~ ~O~Y CO~ APPLICABLE. EDUCaTION AND/OK ~P~C~: (~-~-% s:pmm:: ram= if ~:::-,ar~) ,REASONS trOR WANTING TO ~T ~ ~D~ON~ QU~~ONS TO S~ ON BO~ ,OK CO~: ~- . · .,-~. wo~ YOU co~sm~ sm~c o~ i'~'.O~.~ ~ O~<S~.~C~ \,v~p=f,.,rm~ppli=t.wpd my. 4/$/99 ~ ~be Old Opera'Begse Gallery 111l~ U~ Hwy. 1 .%l~stinn, Floridn 329~ May 29, 2001 APPLICATION TO SERVE ON CITY BOARD Dear Plam~g and Zoning Board M~ml~s, .. The city of Sebastia~ is e~g ~ a~ ~ ~ ~fi~ for ~~ and*in the future. PLANNING & ZONING COMMISSION 3 YEAR TERMS .MEETS 1ST AND 3RD THURSDAY OF EACH MONTH' - 7:00 P.M. MEMBER NAME AND ADDRESS Kelly Mather 733 North Fischer Circle Sebastian, FL 32958 589-6287 Jean (Brantmeyer) Vescia 1742 Starfish Lane Sebastian, FL 32958 589-3516 " Charles C. Barrett, Jr. 357 Tunison Lane Sebastian, FL 32958 589-7755 William' Mahoney 207 Delaware Avenue Sebastian, FL 32958 589-8524 APPOINTMENT HISTORY Appointed to Regular Member Position Vacated by Scott Mathis: 1/12/2000 Term to Expire: 11/1/2001 Is in 2nd 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: 4/1.4/99 Term to Expire: 4/2002 Is in 2~ Full Term and 6~ Regular Member yaar Appointed Unexpired Regular Member Position Vacated by Fischen 1/27/99. Term to Expire: 5/1999 Reappointed to Regular Member Position: 4/24/99 Term to 'Expire: 5/2002 let Full Term. 3rd Regular Member Year Appointed to Alternate Member Position Vacated by Shirley Kilkelly: 11/18/98 Term to Expire: 11/1/2001 Appointed to Regular Member Position Vacated by Pliska: 1/12/2000 Term.to Expire: 2/1/2002 Is in 2~ Regular Member Year Richard S.' Smith 787 Carnation Drive Sebastian, FL 32958 388-6142 Jean F. Carbano 433 Betty Avenue Sebastian, FL 32958 581-1397 H 567-9154 W Gene A. Rauth 732 Cleveland St. B-15 Sebastian, FL 32958 388-9403 H Appointed to Alternate Member Position Vacated By Mahoney: 2/2312000 Term to Expire: 11/1'/2001 Appointed to Regular Member Position Vacated By Gerhold: 7/26/2000 Term to Expire: 6/1/2003 Is in 1st Regular Mernber Year Appointed to Alternate Member'Position Vacated by Evely: 2/23/2000 Term to Expire:l/I/2002 APpointed Regular Member Position Vacated by Schulke: 12/21/2000 - Term to Expire:5/2001 Is in 1st Regular Member Year Appointed to Alternate Member Position Vacated by Carbano: 1/10/2001 Term to Expire: 1/1/2002 Appointed Regular Member Position Vacated by O'Donnell: 5/9/2001 Term to Expire: 11/2002 I$ in 1'~ Regular Member Year Emil Svatik, Jr. - Alternate 350 Watercrest Street Sebastian, FL 32958 388-5455 William Verge - Alternate 688 Collier Lake Cimle Sebastian, FL 32958 388-0170 Appointed to Unexpired Alternate Member Position Vacated by Clarence Barton: 512312001 Term to Expire: 11/1/2001 Appointed Unexpired Alternate Member Position Vacated by Rauth: 519/2001 Term to Expire: 1/1/2002 Staff Liaison - Growth Management Director Board Secretary - Dorri Bosworth 88 HOIV~I. Olr 'PF. LICAN ISLAND /viAY 16, 2001 PRESS RELE~E PLANNING AND ZONING COM]VIISSION THE C1TY OF SEBASTIAN IS ACCEPTING APPLICANTS TO FILL A REGULAR, 1VIElv~ER POSITION ON THE PLA/qN~G AND ZONING COlvl/vi/SSION FOR A ~ QUALIYICATIONS: RESIDENT OF Tlq'~'. CTrY OF SEBASTIAN TH/S BOARD IVI~ETS TI-IE F~T ~ THIRD THURSDAy OF EACH MONTH AT 7:00 P.M iN TttE COUNCIL CHAMBERS. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN S TtLEET, SEBASTIAN, BETWEEN THE HOURS OF g :00 A.M. AND 4:30 P.M. AND W/LL BE ACCEPTED THI{OUOH WEDNESDAY, MAY 30, 2001. City of Sebastian Subject: Board of Adjustment AITb. rove. d-l~r Submitted~ bw CJty Manager Exhibits: application, board member list, advertisement Expenditure Required: I Amount Budgeted: I Agenda No. 0[. ~_5[; Department Origin: City Clerk Date Submitted: 6/1/2001 For Agenda of: 6/13/2001 Appropriation Required: SUMMARY STATEMENT The Board of Adjustment has two regular member positions open. One is the term expiration of Louise Kautenburg, who is eligible for reappointment and has submitted her application. The other position has been vacant since Keith Miller resigned. No other applications were received. RECOMMENDED ACTION Interview applicant, unless waived, and appoint to one of the regular member positions with terms to expire in June, 2004. APPLICATION TO SERVE ON CITY BOARD/COM31'rrTEF, · (All City Board and Committee Members Must be Rezidents of the City of Sebastian) HOME FAX: .------- E-MAIL: BUSINESS PHONE: ~c~'"7 7"7'~ .BUSINESS FAX'x~'~o~-"~::~-' E-MAIL: A_KE YOU A KEGISTERED VOTEK? LP~r.-~ ~ VOTEK REG. NO. ~,,/~,~ ~ ~iow LON~ I-I,W You B~ A ~sma, rr o~ s~.~,^sua,~?. ~~ d"~ ~ F~ DO.. YOU CUKRENTLY HOLD ANY PUBLIC OFFICE.* ~,r~:~ DO YOU PRESENTLY SEKVE ON ANY OTHEK CITY, BOARDOR COMM~TEE? wIaCH~OX~ms/co~mm'r~-s?..,~£~ ,,~ ,4~..c,,~-,oe'~'---' - ~/~'~,~'~7-~ PLEASE CHECK THE BOARDS ONWHICH YOU AKE iNTERESTED IN SEKVING IN 0RDEK OF PREFERENCE WITH FIRST CHOICE BEING # 1: ........ BOARD OF ADJUSTNm"NT CHARTER REVIEW COMMITTEE (serves only 6 moa~hs ~-very Tyears) CITIZENS BUDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COM]V[ITTEE PLANNING AND ZONING COMM/SSION POLICE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD TREE ADVISORY BOARD OTHER TEMPORARY COMMITTEE aPPLICABLE EDUCATION AND/OR. EXPERIENCE: (attach separate resume if necessary) ,,~, ,~. ,,,cs. - ~^so~s ~o~ w~-r~ re s~.v~ o~ ~o,~am o~ com~r~E: HAVE YOU BVERBEEN CONVICTED OF ANY FBLON~ IN TI-IlS ORANY STATE? ,,d.~g) I-lAVE YOU EVEN BEEN CONVICTED OF ANY MiSD~OR INVOLVING MORAL TURPITI~E IN THIS OR ANY STATE?. ~d.70 WOULD YOU CONSIDERSERVING ON A BOARD OTI-IER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold'the position for which this application is made. Fugr. her, I hereby authoriz~ the City of Sebastian to invesfigat~ the truthfixlness of all information which Ihave provided in this application. I undemtand that any misrepresentation or ommission of information requested in this application is caus~ for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is available if requested. Subscrib/esi.-~, d sworn to before mi this 4e.~ ay of C~,.,~,../, ~ by /~.,~/..~..~...~ ~_ , , who i~ p~o~S~y ~o,,~ to me, or h~ predu~d ~.~ ~,,,. .... . ............ ~' rev. BOARD OF ADJUSTMENT THREE YEAR TERMS MEMBER NAME AND ADDRESS APPOINTMENT HISTORY Harry Marshall 825 Bailey Drive Sebastian, Florida 32958 589-5139 Home 589-4737 Fax James G. Schmitz 937 Start'lower Avenue Sebastian, Florida 32958 388-1493 RegUlar Member Position last filled by Keith Miller with term to expire 6/2001 is still vacant-' Clive M. Beckwith 465 Lighthouse Avenue Sebastian, Florida 32958 388-041'~, Home Louise Kautenburg '973 Oswego Avenue Sebastian, Florida 32958 589-8823 Home Paul R. Duff'y 470 Periwinkle Drive Sebastian, Fiodda 32958 589-3245 ' Alternate Appointed Alternate Member Position Vacated by Louise Kautenburg: 2/912000 Term to Expire: 612002 Appointed Regular Member Position Vacated By Gore: 6/28/2000 Term to Expire: 6/1/2003 Is in '1"~ Regular Member Year Appointed Unexpired Regular Member Position of Oberbeck: 2/98 Term to Expire: 6/99 Reappointed to Regular Member Position 6/23/99 Term to Expire: 6/2002 Is in 4th Regular Member Year and t=t Full Term Appointed Alternate Member Position: 6/96 Term to Expire: 6/99 Appointed Regular Member Position Vacated By Robert Crockett: 6/23199 Term to Expire: 6/2002 Is in 2''d Regular Member Year Appointed Alternate Member Position Vacated by Clive Beckwith: 7128/99 Term to Expire: 6/2002 Appointed to Regular Member Position Vacated by Ronald Devito: 1/12/2000 Term to Expire: 6/1/2001 is in 2"" Regular Member Year Appointed Alternate Member Position Vacated by Keith Miller: 6/28/99 Term to Expire: 6/2002 BOARD SECRETARY - ANN BRACK HOMI~ OF ?FJ, JCN~ MAY 16,2001 PRESS RELEASE BOARD OF ADJUSTMENT TIlE CiTY OF SEBASTIAN IS ACCEPTING'APPLICANTS TO FILL TWO REGULAR MEMBER POSITIONS ON TIlE BOARD OF ADJUSTMENT FOR THREE YEAR TERMS, ,QUALIFICATIONS: RESiDENT OF THE CITY OF SEBASTIAN THIS BOARD MEETS ON TIlE FIRST TUESDAY OF EACH MONTH ON AN "AS NEEDED" BASIS AT 7:00 P.M IN THE COUNCIL CHAMBERS. APPLICATIONS ARE AVAILABLE IN TIlE CITY CLERK'S OFFICE, CITYHALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED THROUGH WEDNESDAY, MAY 30, 2001. City of Sebastian, Florida OFFI¢t~ OF Itt~ crrY ~TTOt~Y ~ 'AGENDA TRANSMITTAL Agenda No. Subject: motorized boats, Ordinance O-01-13 01,132 Date Submitted: 5/29/01 For Agenda'of~ 6/13/01 SUMMARY: Pursuant to Council direction, the Code restrictions for maximum three horsepower gas-powered boat engines on the residential waterways is being changed to an outfight ban. Additionally, repetitive and mis-designated provisions between the Land Developmem Code and the general Code are transferred and cleaned-up. RECOMMENDED ACTION: AUTHORIZED PLACEMZNT ON AGENDA BY CITY MANAG~/' ' ORDINANCE NO. 0-01-13 AN ORDINANCE OF THlg CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-2-7.8 REGULATION OF WATERCRAFT AND CHAI'TER 110 ARTICLE H WATERCRAFT; PROVIDiNG FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WH]gREAS, the City Council finds that certain provisions relating to the operation of watercraft that are found in the Land Development Code do not relate to the use of land, and should be transferred; and WHEREAS, the City Council has determined that it is the public interest to ban operation of all watercraft powered by internal combustion motors from the residential waterways of the City; 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, section 54- 2-7.8 is hereby amended to read as follows: Sec. 54-2-7.8. Regulation of watercraft (-i-)-- The following restrictions shall apply to regularly moored watercraft: a. Regularly moored watercraft shall not be permitted as business offices or other related commercial enterprises. This provision shall not Preclude the regular mooring of watercraft for fishing operations, charters, pleasure and other water- dependent uses, provided said mooting is located at an approved private dock, commercial marina, or approved anchorage identified by the United States Coast Guard and depicted on nautical charts. b. Only minor reoairs and/or maintenance of watercraf~ in residential areas is oermitted and only When such reoairs or maintenance is oerformed by the oerson who is both the owner~(or tenant] of the real oroT~ertv and owner of the watercrafL or at his direction. ~-'::': ............ ~'~-: ..... :"*~'~ .... : ..... [Note: transferred to sec. ..... · ' .... .:~..=1:.~ .-~ -~-. 1:~'~ :_~ .... ~. ..... ~ ~--'~' [Note transfe ................. r ................... ~ ........ : fred to sec. 110-35] ^-'~ : .......... t.~, ..................... c ...... ~ c. ~Permanent live-aboards are not permitted in waterways within the jurisdiction of the City of Sebastian. d. e. Transient live-aboards are permitted within the City of Sebastian within any commercial marina within the city limits that maintains moorings and/or slips at docks for transient live-aboards, to encourage the use of the waterways of' the city and to promote an increase in the economic base of the community provided the following conditions are met: i. All such facilities shall provide litter receptacles and marine sanitation pump- out facilities as required by the Federal Environmemal Protection Agency and the Florida Department of Environmental Protection. ii. Such facilities may make available to users of offshore moorings a dock expressly for the purpose of accessing said moorings by dinghy or other small, vessel; and may charge a reasonable price for the'use of said dock. iii. 'Such facilities shall maintain records of all such moorings of transient live- aboards. [Note: transferred to sec. 1J0-$6 and amended] Section 2. That the Code of Ordinances, City of Sebastian, Florida, section 110-35 is hereby amended to read as follows: Sec. 110-35. Compliance with state rules and regulations governing boats. All'operators of watercraft are hereby charged with knowledge of and Compliance with all rules and regulations of the state governing the licensing, operation and title certification of boats, including F.S. chs. 327 and 328, as amended. Un.der no circumstances shall any vessel anchor ormoor in_areas flaat have been determined by the Florida Deoartment of Environmental Protection as ~rotected areas for wildlife and plant life in the submer~edlands. Section 3. That the Code of Ordinances, City of Sebastian, Florida, section 110-36 is hbreby amended to read as follows: Sec. 110-36. Speed restrictions; water~._._~,~":: .... ___a ~._.._.~:--:"~-activities prohibited in certain areas. (a) It shall be unlawful for the operator of any watercraft to operate such watercraft at a speed greater than "slow-down minimum wake" as defined by Florida law, at all times such boat is within 150 feet of a bridge, dock, pier, wharf, mooring or launching area, or is within a lagoon, bay estuary, canal or lake, or is at a place in the Sebastian River or Indian River which has a distance from shore to shore which is 300 feet or less. Co) Water siding, aquaplaning or similar activities are prohibited utilizing any watercraft within 300 feet of any bridge, dock, pier, wharf, mooring or launching area, or upon any lagoon, bay estuary, canal or lake within the corporate limits oft_he city. (c) Exceot for vessels nerf°rmlne..a governmental function, boats oowere.~ by a~ internal combustion engine may not o~erate unon local v~aterwavs, canals and lakes within the city limits of Sebastian however, the Sebastian River and ~e Indian Kiver Laeoon are excluded from this restriction~ Section 4. That the Code of Ordinances, City of Sebastian, Florida, section 110-37 is hereby amended to read as follows: Sec. 110-37. Excessive noise. No operator or owner of a watercraft shall cause or allow excessive noise in the operation or use of watercraft or equipment thereon, including blowers, machinery, motors, horns, etc., on board any ~watercraft in violation n~ orovisions ~ ~*'~*~ ' ~ .... .~. of this Code. Section 5. That the Code of Ordinances, City of Sebastian, Florida, section 110-41 is hereby amended to read as follows: Sec. 110-38. Health and sanitation rules; disorderly conduct, etC. All persons on board any watercraft located upon any waterway within the city limits shall comply with all health and sanitary rules or regulations of the city, and all ordinances of the city relating to the conduct of persons, including acts contrary to health, safety, morals or public peace, and including ordinances prohibiting disorderly conduct or loud or boisterous noises which disturb the peace· All watercraft utilizing the waters of the city shall be maintained in a seaworthy condition_ excent when in a oermitted re~air area. Section 6. 110-41 is hereby amended to read as follows: Sec. 110-41. t~~ Reserved. ~msfe~ed to s~c. ~4-2-7.8~)J That the Code of Ordinances, City of Sebastian, Florida, section Section 7. That the Code of Ordinances, City of Sebastian, Florida, section 110-42 is hereby amended to read as follows: Sec. 110-42. U:~ng ~ place ef~b:::'.'=~%'::. Reserved. .Section 8. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. SEVERAB][LITY. 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 tlfis Ordinance without said invalid or 'unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 10. EFFECTIVE DATE. This Ordinance shall take effect immediately upon 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 Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Ir. Councilmember James Hill The Mayor thereupon declared this Ordinance duly passed and adopted this 11t~ day of July, 2001. 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 OF ATTOt E AGENDA TRANSM/TTAL Subject: Ordinance 0-01-14; Telecom tax conversion Agenda No. 0'l. 156 Date Submitted: 5/30/01 For Agenda of: 6/13/01 SUMMARY: Over the past year the Legislature undertook the task of simplifying the tax structure for telecommunication providers and enacted a single state-administered charge in place of the long- standing local franchise fees, utility taxes, right-of-way permit fees, etc. The state has since calculated a "conversion rate" to distribute the pool of money to each local government to try to replace the lost revenues. The City's rate is 3.22%. In addition to this base conversion rate, there are two additional options that can be exercised. The City has the option of charging permit fees, which are capped at $100, for work in the right- of-way, but the conversion rate would then be decreased by 0.12 percentage points. Since we are a small city (meaning few permits) and have no apparatus in place for this permitting, this option is not advisable. The second option'provided by the state allows a boost to the local tax rate of 0.12 percent as a sort of"insurance" policy to make sure the state rates don't fall short. Based upon discussions with other local government representatives, it seem that everyone will enact this booster rate. Staff recommends that the City do the same. RECOM3~NDED ACTION: Pass Ordinance 0-01-14 on first reading and schedule public hearing for Iuly ! 1, 2001. AUTHORIZED PLACElVI~NT ON AGENDA BY CITY MANA ORDE'qANCE NO. O-01-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO REQUIRING AND COLLECTING PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS SERVICES AND INCREASING THE .LOCAL COMMUNICATiONS SERVICES TAX; PROVIDING! FOR INTENT; PROVIDING FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR NOTICE TO ~ DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILiTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, section 337.401(3)(c)1., Florida Statutes (2000), requires each municipality to make an election regarding .the payment of permit fees by providers of communications services and further requires each municipality to inform the Department of Revenue of the election by certified mail by July 1, 2001; and' WHEREAS, a municipality may require and collect permit fees from any providers of communications services that use or occupy municipal roads or rights-of-way for the provision of communications services. · However, to ensure competitive neutrality among providers of communications services, a municipality that elect~ to exercise its authority to require and collect permit fees will have an automatic reduction in the rate of the local communications services tax for the municipality, as computed under section 202.20(1) and (2), Florida Statutes (2000), as amended, by a rate of 0.12%; and WHEREAS, alternatively a municipality may elect not to require and collect permit fees from- any provider of communications services that uses or occupies municipal roads or rights- of-way for the provision of communications services. If the municipality elects not to require and collect permit fees, the total rate for the local communications services tax as computed · under section 202.20(1) and (2), Florida Statutes (2000), as amended, for that municipality may be increased by ordinance by an amount not to exceed a rate of 0.12%; and WEllgREAS, section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature further amends section 337.401(3)(c)1., Florida Statutes (2000), to state that the Department of Revenue must be informed of a municipality's election by certified mail postmarked on or before July 16, 2001; and WHEREAs, section 34, Enrolled CS/CS/SB 1878'by the 20001 Florida Legislature further provides that if a municipality elects not to require and collec~ permit fees from any provider of communications services that uses or occupies municipal roads or fights-of-way for the provision of communications services, the total rate for the local communications services tax as computed under section 202.20(1) and (2), FlOrida Statutes (2000), as amended, for that municipality may be increased by ordinance or resolution by an' amount not to exceed a rate of 0.12%. The bill .further provides if a municipality elects to increase its rate effective October 1, 2001, the municipality shall inform the Department of Revenue of such increased rate by certified mail postmarked on or before July 16, 2001; and WItEREAS, section 337.401(3)(c)1., Florida Statutes (2000), further provides that if a municipality does not make an election and notify the Department of l~evenue, it is presumed that the municipality elects not to require and collect permit fees from any provider of communications services that uses or occupies 'municipal roads or rights-of-way for the provision of communications services, and such municipality will be authorized to increase its tax rate by' an amount not to exceed a rate of 0.12%; and W~REAS, whatever election.the municipality makes, such election shall take effect on October 1, 2001. NOW, THEREFORE, BE IT ORDAINED BY TFrE CITY OF SEBASTIAN, FLORIDA AS FOLLOWS: SECTiON 1. intent. It is the intent of the City of Sebastian to make an election undersection 337.401(3)(c)1., Florida Statutes (2000), as amended by section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature, regarding the City of Sebastian's decision on whether to i'equire and collect permit fees from any providers of communications services that. use or occupy municipal roads or rights-of-way for the provision of~ communications services. SECTION 2. Election ]Not to Require and'Collect I'ermit Fees. · . The City of Sebastian elects not to require and collect permits fees from any provider of communications services that uses or occupies municipal roads or rights-of-way for the provision of communications services. As provided in section 337.401(3)(c)1.,. Florida 'Statutes (2000), tiffs election shall take effect October 1, 2001. SECTiON 9. Election to Increase Local Communications Services Tax. Pursuant to section 337.401(3)(c)1.b., Florida Statutes (2000), as amended bYsection 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature, the City'of.Sebastian elects to increase its total rate for the local communications services tax as computed under section 202.20(1) and (2), Florida Statutes (2000), as amended, by an amount of 0.12%3 and this election shall take effect October 1, 2001. SECTION 4. Notice to the Department of Revenue. The City Council of the City of Sebastian directs that notice of the above elections be provided to the Department of Revenue by certified mail by Iuly 16, 2001, as provided in section 34, Earolled CS/CS/SB 1878 by the 2001 Florida Legislature. SECTION 5. Severability. The provisions of this Ordinance are declared to be severable and if any section, semence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but shall remain in effect, it being the legislative intent that this Ordinance shall stand nofwithstanding the invalidity of any part. SECTION 6. Effective Date. The effective date of this Ordinance shall be immediately upon its passage by the City Council of the City of Sebastian. The foregoing Ordinance was moved for adoption The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember loc Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of July, 2001. by-Councilmember and, CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian bnly: Sally A. Maio, CMC CiW Clerk Rich Stringer, City Attorney MEMORANDUM FLOmDA LEAGUE OF Crrms, lsc. To: City Managers City Attorneys From: Subject: Date:$ Kraig A. Corm, Deputy General Counsel John Wayne Smith, Associate Director, Legislative Affairs Model Fee Ordinance for Telecommunications Companies Occupying Municipal Rights-of-Way for Telecommunications Facilities and Timeline May 24, ~001 Attached for your review is a Model Fee Ordinance for Telecommunications Companies Occupying Municipal Rights-of-Way. for Telecommunications Facilities ("Model Fee Ordinance"). Included with the. Model Fee Ordinance is an Introduction explaining how and why the ordinance was produced. In .summary, under the provisions of the new Communications Services Tax Simplification Law, CS/CS/SB 1878, the Florida League of Cities believes each municipality should consider adopting as many as 2 different ordinances. The first ordinance is the Model Fee Ordinance, as explained in the Introduction. The second ordinance would be a general ordinance regulating communications companies' placement and maintenance .of communications facilities in rights- of-way. . Also, included in the package in the package is a timeline for cities to follow for implementing the tax changes, summary of mai or changes to rights-of-way provisions, Model Rights-of-Way, 'and a copy of CS/CS/SB 1878. If you have any questions on the Model Fee Ordinance, please have .your municipal attorney contact me or John Wayne Smith at 850-222-9684. KAC/srh Enclosures 301 South Bronough, Suite 300 · Post Office Box 1757 · Tallahassee, FL 32302-1757 Telephone (850) 222-9684, Suncom 278-5331 · Fax (850) 222-3806 · Internet: www. flclties.corn MODEL MUNICIPAL RESOLUTION/ORDINANCE FOR AN ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES FROM ANY PROVIDERS OF COMMUNICATIONS SERViCES THAT USE OR OCCUPY MUNICIPAL ROADS OR RIGHTS-OF-WAY FOR THE PROVISION OF COMMUNICATIONS SERVICES AND TO ELECT TO INCREASE THE LOCAL COMMUNICATIONS SERVICES TAX FLORIDA LEAGUE OF CITIES MAY 16, 2001 INTRODUCTION This is a Model Municipal Resolution/Ordinance for an election not to require and collect permit fees from any providers of communications services that use or occupy municipal roads or rights-of-way for the provision of communications services, and for an election to increase the local communications services tax by 0.12%. Each municipality and county is required to make an election regarding permit fees under section 337.401(3)(c), .Florida Statutes (2000), and notify the Department of Revenue. Current law states that the Department of Revenue must be notified of the election by certified mail postmarked on or before luly 1, 2001. This date is changed in section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature to July 16, 2001. A copy of. section 337.401, Florida Statutes (2000), and a.copy of the pertinent sections of'Enrolled CS/CS/SB 1878 are attached for your review. AS OF TH-E' DATE OF THE PRINTING OF THIS MODEL RESOLUTION/ORDINANCE, 'ENROLLED CS/CS/SB 1878 HAD NOT YET BEEN ACTED UPON BY THE GOVERNOR. WHILE IT IS UNLIKELY, THE GOVERNOR COULD VETO THIS BILL. IF THE GOVERNOR DOES VETO THE BiLL, THE FLORH)A LEAGUE OF CIT~S WILL DISTRIBUTE APPROPRIATE NOTICE AND RECOMMENDATIONS. If a municipality chooses not to require and collect permit fees, the municipality may elect to increase the total rate for the local communications services tax as computed under section 202.20(1) and (2), Florida Statutes (2000), as amended, by resolution or ordinance by an amoum not to eXceed a rate of 0.12%. Section 337.401(3)(c)1.b., as amended by section 34, Enrolled CS/CS/SB 1878. The bill further provides that if a municipality elects to increase its rate effective October 1, 2001, the municipality must inform the Department .of Revenue of such increased rate by certified mail postmarked on or before July 16, 2001. If your municipality elects to require and collect permit fees from any providers of communications services that use or occupy municipal roads or fights-of-way for the provision of .communications services, you may still use 'the format of this Model Resolution/Ordinance, making the necessary substantive changes to the provisions of the Model. However, if your municipality elects to require and collect permit fees, your municipality must abide by the permit fee restrictions provided in section 337.401(3)(c)1.a., Florida Statutes (2000), including, for example, a cap of $100 per permit. In addition, your municipality's local communications services tax rate shall be automatically decreased by 0.12% (Section 337.401(3)(c)1.a.). Thus, the determination of whether to impose permit fees is one with financial implications that should be considered by your municipality in making a decision As noted, this Model Kesolution/Ordinance is designed for a municipality that elects not to require and collect permit fees and desires to increase its rate for the local communications services tax as computed under section 202.20(1) and (2), Florida Statutes (2000), as amended, by the full amount of 0.12%. However, if your municipality chooses not to require and collect permit fees, it may choose to increase its tax rate by any amount up to 0.12% or may choose not to increase its tax rate at all. The tax increase is entirely at your municipality's option. Note that section 35, Enrolled CS/CS/SB 1878 further amends section 337.401, Florida Statutes, effective October 1, 2001. The bill creates new paragraphs (j) and (k) of subsection 337.401(3) to state that a municipality may change its election regarding requiring and collecting permit fees on an annual basis, but certain restrictions must be followed. A certified copy of your municipality's Resolution or Ordinance on permit fees and any tax increase should be sent by certified mail postmarked on or before July 16, 2001 to: Revenue Accounting - Communications Services Tax, Florida Department of Revenue, Post Office Box 6609, Tallahassee, Florida 32399-6609. City of Sebastian, Florida AGENDA TRANSMITTAL Subject: Ordinance O-01-15; Recreational impact fee Agenda No. 01.157 Date Submitted: 6/7/01 For Agenda of: 6/13/01 SUMMARY: The City Comp Plan has adopted levels of service for various recreation facilities. It is the policy of the state of Florida, and through adoption of comprehensive plans, the municipalities, that growth pay for its own impacts on public facilities. In the past the City has approved new development without requiring dedication of recreation facilities because of the inventory of park land that the City maintains. This ignores two key points: 1. It allows new development, piece-by-piece, to lower the current standards enjoyed as a result of the resources generated by the efforts of existing residents. 2. While we have "park lands", we do not have parks due to lack of funding to improve these vacant tracts. Some highly visible sample tracts that could be improved to provide Neighborhood Parks include · the block at Barber/George Street or the tract at Barber/Filbert; there are many more examples throughout the City identified in the Comp Plan, all owned by the City as designated park lands. Estimates of the construction costs of the requisite facilities have been obtained from our own past projects and from surrounding agencies. Additionally, land values for tracts around the City that meet the park land 'requirements have been averaged. Because General Development conveyed numerous park tracts to satisfy any future dedication requirements for development of the Highlands, a proportional credit for the land acquisition costs must be given to un/ts in the Highlands. Additionally, a system is provided for situations where the City and developer agree that it would be best for land or facilities to be provided directly from the developer in exchange for credits against the impact fee. The recommended effective date gives some time for contracts legitimately in the final stages to get a permit before the fee kicks in, but should prevent a mad rush of applications thrown- together just to beat the fee. Since funds must be expended in a way that offsets impacts of new development, any expenditures for neighborhood, as opposed to community-wide, facilities must occur where the funds originated within one of four zones established by the ordinance. These zones are roughly a cross-section of the City running north-south along Fleming Street and the Collier Waterway, and east-west from CR512 over to the top of Schumann Lake. These revenues are earmarked and can only be use for acquisition, construction and upgrades that enhance the level of service provided for recreational uses. No maintenance, no repair and replacement, no administrative/personnel costs. Estimated first year revenues are approximately $178,000. RECOMMENDED ACTION: Pass Ordinance O-01-15 on first reading and schedule public heafing~~ '~ ORDINANCE NO. 0-01-15 AN ORDINANCE OF TI:I-E CITY OF SEBASTIAN, FLORIDA; AMENDING CODE'OF ORDINANCES CB[APTER 74 TO CREATE ARTICLE III RECREATIONAL I1VIPACT FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. W'ffEREAS, the City Council finds that growth should pay for its own impacts rather than burdening the resources of the existing citizenry; and WffEREAS, the City Comprehensive Growth Management Plan adopts levels of service for various parks and recreational facilities; and WB[EREAS, the City Council has determined that it is the public interest to require new' development to provide facilities equivalent to the adopted levels of service even in areas where sufficient capacity exists because it is unjust to the citizenry to allow new growth to lower existing standards that are above the minimum requirements of the City; and WltEREAS, the City Council finds that under existing market conditions, and based upon the statistical average of 2.52 residents per household as set forth in the Comprehensive Plan, it is a fair estimate that the cost to meet the levels of service for land acquisition is $325 and for facility construction is $650 per household; and WB[EREAS, pursuant to that certain action styled In re General Development Corporation, et al, Case No. 90-12231-BKC-AJC, United States Bankruptcy Court for the Southern District of Florida, conveyances of land were made to the City in satisfaction of any future requirement to dedicate land for park use in the developmem of Sebastian Highlands; and WHEREAS, a funding source is needed to develop this inventory of unimproved park land as well as furore park acquisitions; NOW, THEREFORE, BE IT ORDAINED BY TI:Ih CITY COIINCEL OF TitE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIJDA, as. follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended to create Chapter 74, Article 1TI Recreational Impact Fee beginning with section 74-50 which shall read as follows: Sec. 74-50. Fee required. The payment of a fee to the city in the amount of $975 to be used for the acquisition, expansion, construction and provision of city recreational facilities shall be required as a condition of the issuance of a building permit for any newly constructed dwelling unit of any kind. A dwelling unit shall be considered newly constructed whether it is constructed on a vacant lot or parcel, is the reconstruction or renovation .of a building that was not previously occupied as a dwelling unit of any kind, or whether it is an additional dwelling un/t added to a lot, parcel, tract of property, thereby increasing the total number of dwelling units to two (2) or more. Section 2. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-51 which shall read as follows: Sec. 74-51. Credit for parcels vested under 1992 Bankruptcy Court Order. Pursuant to the Settlement Agreement and Order in Case No. 90-12231- BKC-AJC of the United States Bankruptcy Court for the Southern District of Florida, the fee for lots developed pursuant to the plats of the Sebastian Highlands Units 1-17 shall be $650, which represents a credit of $325 for the pro-rata mount of the impact fee attributable to costs of land acquisition under the level of service standards of the Comprehensive Plan. Section 3. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-52 which shall read as follows: See. 74-52. Credit for the dedication of land for active recreation uses. Upon the dedication of two (2) or more contiguous acres of land to the city as hereinaiier set forth, a developer shall receive a credit against the fee otherwise required to be paid pursuant to this article. The credit shall be applied as follows: (1) The credit shall become effective upon city council acceptance of the dedication of the land. Said land shall not be accepted by the 'city council unless it finds the land to be suitable for public park or active recreation purposes. In determimg the' suitability of the land for such purposes, the city council may consider all factors and variables affecting such suitability, including, but not limited to: a: Access from paved public streets. b. Size. c. Fair market value. d. Physical characteristics and qualities. e. Proximity of the land to other recreation facilities. f. Availability of city funds to construct facilities on the land. g. Conformance with the city's comprehensive plan. Conservation lands required as a condition of development approval by regulatory agencies shall not be eligible for impact fee credits. (2) The fair market value of the land to be dedicated shall be established by a formal MAI appraisal which is acceptable to the city. The appraisal shall be provided by the developer at his expense. The developer shall provide the City Manager or his designee with detailed plans and specifications of any improvements and facilities to be constructed thereupon, including estimates and information as to costs, and the city shall make a determination as to the credit available for such construction. (3) The land shall be dedicated to the city in fee simple, and shall be free of any liens or encumbrances. (4) The credit shall be calculated as a ratio of the fair market valUe of land dedicated, plus the value of any facilities constructed thereupon by the developer, divided by the total recreational impact fee required to be paid. The fee required to be paid pursuant to this article shall be reduced by the percentage of credit determined by the above formula. (5) Recreation impact 'fees credited to a develOper, for dedications and improvements eligible for impact fee credits, shall be provided on a lot by lot basis. The impact fee amount shall be reduced equally for each lot or in the case of multiXfamily residential projects each dwelling unit, within the development by assessing the total impact fee per lot or unit minus the proportionate share of the credit applied to each lot. (6) If the percentage of credit is one hundred (100) per cent or more, no fee shall be required to be paid. Any dedications valued in excess of the total projected impact fee due for the project shall result in an impact fee credit in favor of the developer, which shall be assignable and shall remain in effect for a maximum of ten (10) years. Such excess credits may be used anywhere within the City if arising from the dedication of a Community Park facility. However, credit arising from dedication of Neighborhood Park facilities may only be utilized within the recreational zone in which the development containing the dedicated facility is located. (7) A recreation impact fee agreement shall be provided governing credits and payment of fees. Such agreement shall be acceptable to the city attorney and city manager, and shall be recorded. Section 4. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-53 which shall read as. follows: Sec. 74-53. Time of payment. The fee required by this article shall be paid at the time the building permit is issued for each dwelling unit. Section 5. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-54 which shall read as follows: Sec. 74-54. Establishment of Recreation Zones The City shall be divided into four (4) recreational zones which shall function as service areas for Neighborhood Park facilities as follows: Zone A - Begin at the intersection of centerlines of Fleming Street and CR 512; thence follow Centerline of Fleming Street north to Main Street; thence follow centerline of Main Street northeast until it intersects with the perpendicular extension of the lot line between Lots 3 & 4, Block 12, Sebastian Highlands Unit 1; thence follow said extended lot line through to the boundary of Koseland Satellite Airfield Tract 1. (Sebastian Municipal Airport); thence follow along said boundary to the west and north, and continue along the same as it becomes the boundary to Roseland Satellite Airfield Tract 3, continuing as the same line becomes the City Limits; thence follow said-City Limits to the west and around until the same intersects with CR 512; thence follow northeast along the centerline of CR 512 to the Point of Beginning. Zone B - Begin at the intersection of centerlines of Fleming Street and CR 512; thence follow centerline of Fleming Street north to Main Street; thence follow centerline of Main Street northeast until it intersects with the perpendicular extension of the lot line between Lots 3 & ~4, Block 12, Sebastian Highlands 'Unit 1; thence follow said extended lot line through to the boundazy of Roseland Satellite Airfield Tract 1 (Sebastian Municipal Airport); thence follow along said boundary tO the west and north, and continue along the same as it becomes the boundary to Roseland Satellite Airfield Tract 3, continuing until said line intersects with the City Limits along the northwest comer of the former St. Sebastian PUD; thence follow said City Limits to the northeast and around until the same intersects with the boundary between Sections 7 & 18; thence follow west along said section line continuing as it becomes the boundary between Sections 12 & 13 until the same intersects with the centerline of CR 512; thence along said right-of-way to the Point of Beginning. Zone C, Begin at the point the City Limits intersect the boundary of Sections 7 & 18 from the north;, thence follow said City Limits east and around south until the same intersects with Powerline Road; thence follow the centerline of Powerline Road north to Barber Street; thence follow Barber Street to the west and north to the centerline of the Elkam Waterway; thence follow the centerline of the Elkam Waterway east to . mouth of the Collier Waterway; thence follow the Collier Waterway to the point it intersects with the boundary of Sections 12 & 13; thence follow east along said section line, cominuing as it becomes the boundary of Sections 7 & 18 to the Point of Beginning. · Zone D ~ Begin at the point the boundary of SectiOns 12 & 13 intersects the centerline CR 512; thence follow said section line east to the point the Collier Waterway intersects the same from the south; thence follow the centerline of the Collier Waterway until it intersects with the Elkam Waterway; thence follow the centerline of the Elkam Waterway to the west to the centerline of'Barber Street; thence follow the. centerline of Barber Street to the south and east to the intersection with Powerline Road; thence follow the centerline of Powerline Road south to the City Limits; thence folloW the City Limits to the west and around to the north to CR 512; thence follow along the centerline of CR 512 to the northeast to the point of beginning. Section 6. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-55 which shall read as follows: Sec. 75-55. Use of fees paid. The fees paid pursuant to this article shall be segregated and held in trust by the city in its recreation trust fund. The city shall maintain records of monies collected adequate to determine the amount contributed to the fund from each particular development. The funds collected from any development shall be used only to acquire, construct or provide recreationai improvements or facilities, but may not be used on a Neighborhood Park facility located in a different Recreation Zone than the one containing the originating development. The city shall maintain records of all funds expended and the purposes for which they were expended. Funds must be encumbered for a qualifying project within seven (7) years of being collected. CONFLICT. All ordinances or parts of ordinances in conflict Section 7. herewith are hereby repealed. Section 8. 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 9, EFFECTIVE DATE. This Ordinance shall take effect August 1, 2001, following its adoption by the City Council. Complete and proper building penuit applications submitted prior to the effective date shall not be assessed the fee, however, the fee shall become due upon filing any supplemental information for the application or for any extension of a pre-existing building permit. 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 Vice-Mayor Ben A. Bishop Councilmernber Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of July, 2001. CITY OF SEBASTIAN,. FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk only: Approved as to form and legality for reliance by the City of Sebastian Rich Stringer, City Attorney City of Sebastian, Florida OFFiC~ OF Ttt~K crrY' ATTOt~NEY'/~ AGENDA TRANSMITTAL Agenda No. 01. 099 Subject: Resolution :i.'..R.-01-43; County Joint Planning Interlocal Date Submitted: 6/7/01 For Agenda of: 6/13/01 SUMMARY: Since we are processing a comp plan amendment for the Davis Property, which will not be annexed until the final adoption of the amendment, it is proper to enter an interlocal agreemem with the County to allow submission of the CPA to the State for land outside our current boundaries. RECOMMENDED ACTION: Adopt Resolution R-01-43. AUTHORIZED PLACEMENT ON AGENDA BY CITY RESOLUTION NO. R-01-43 A RESOLUTION OF TIlE CITY OF SEBASTIAN, FLORIDA AUTHORIZING AN INTERLOCAL AGREEMENT WITH INDIA/q RIVER COUNTY I~OR JOINT PLANNING ACTIVITIES FOR AN EIGHTY ACRE PARCEL OF LAND KNOWN AS THE DAVIS PARCEL; PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTTVE DATE WHlgREAS, the CitTCouncil has considered the application of Brian Davis for an amendment to designate an initial land use for certain property considered for annexation from its existing County Fum~:e Land Use Map designation of L-2 (Low-Density Residential, 6 units per acre) to MDR (Medium Density Residential) in the City; and WltEREAS, the City Council determined that the proposed changes in the City Comprehensive Land Use Plan, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian, and approved transmittal of the application to the State on April 11, 2001; and WHEREAS, Fla. Stat. 163.3171 provides a means for cities and counties to jointly plan for enclaves; and WI:ll~,REAS, Indian River County approved the attached Inteflocal Agreement for Joint Planning Activities at its May 22, 2001 meeting; NOW TItEREFORE, BE IT RESOLVED BY ~ COUNCIL OF TEIJE CITY OF SEBASTIAN, as follows: Section 1. AUTItORIZATiON. The City Manager is hereby authorized on behalf of the City to execute the attached Inteflocal Agreement for Joint Planning Activities and transmit a copy thereof to the State. CONFLICTS. All resolutions or parts of resolutions in Section 2. conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption byCouncilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 13th day of June, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney INT. ERLOCAL AGREEMENT FOR JOINT,..pLANNING THIS INTERLOCAL AGREEMENT entered into this :~2n._...~ day of May, 2001, between the CITY OF SEBASTIAN, a Flodda municipal corporation (hereinafter called ~'CITY"), and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter called "COUNTY"), provides that WHEREAS, the Florida Interlocal Cooperation Act of 1969 grants the parties the authority to enter into.interlocal agreements; and '.WHEREAS, 'an eighty-acre. enclave of unincorporated land commonly known as. the Davis property lies just west of Schumann Lake and is completely surrounded by incorporated lands of the City of Sebastian; and WHEREAS, Florida Statutes and the Comprehensive Plans of both the COUNTY and the CITY encourage the annexation Of such enclaves into the surrounding municipality; and WHEREAS, Fla. Stat. 163.3171 provides wide latitude to cities and counties to jointly plan for such enclaves through intedocal agreement; THEREFORE, IN AND FOR. CONSIDERATION of the mutual public benef'r~s provided herein, the sufficiency of which is hereby acknowledged by the parties, it is agreed: 1. CITY shall initiate the process of voluntary annexation for the Davis Property, which is more fully described as follows: The West % of the Northeast % of Section, 18, Township 31 South, Range .39 East, lying in Indian River County, Florida. 2. Concurrent with and conditioned upon said annexation, CITY is hereby authorized to process and submit a Land Use Map Amendment for its Comprehensive Plan to incorporate said Davis Property and designate use of the same under the CITY's Medium-Density Residential (RM-8) land use category, and to further process a rezoning for the land consistent With said land use category. 3. Each of these planning activities shall be conditioned upon and only be given effect upon the annexation of the Davis Property into the corporate limits of the CITY. 4. CITY shall coordinate each of these activities with COUNTY, and keep COUNTY fully informed as to the status of the planning activities undertaken pursuant to this Agreement. COUNTY shall 'cooperate and assist CITY in these activities. 5. CITY agrees to indemnify, defend and hold COUNTY harmless from any and all claims brought by an affected party as defined under Fla. Stat. Chapter 163 as a result of the planning activities undertaken pursuant to the Nothing herein shall be deemed a waiver of sovereign immunity by Agreement. either party. 6. This Agreement shall commence upon the day last executed by a party hereto, and shall remain in effect until final annexation of the property described herein or for a pedod of two (2) years, whichever date occurs earlier. 7. This Agreement shall be filed with the Clerk of the Circuit Court of Indian River County, Florida pursuant to Fla. Stat. 163.01 (11 ). 2 AGREED to on the dates set forth below. CITY OF SEBASTIAN, a Florida municipal corporation Approved as to form and legality for reliance by the City of Sebastian Only: By. Terrence R. Moore, City Manager Date: Rich Stringer, City Attorney ATTEST: Sally A. Maio, CMC City Clerk (SEAL) INDIAN RIVER COUNTY, FLORIDA Caroline D. Ginn, Ch Board of County Commissioners Date: May 22, 2001 · "~..~ .~';' ....... :r.. ', , ATTESt: .::....:;deffrey;K,: Barton, Clerk · ... , ,. .;.: .:¢_~.,- ~.=~:,4,,,:,; ~ . . '?2 ¢ ~ ~."',,~.,,'%¢,x~ ...~¢~:: · ~ (s L) ."':,. Approved as to form and legality for reliance by Indian River County Only: William G. Collins II Deputy County Attorney 3 City of Sebastian : 1225 Main Street Sebastian, Florida 32958 Subject: Resolution No. R-01-45 Requesting IRC Planning and Funding for CR512 Ap~,,~fOr Sub~F~tta~, City Manager Agenda No. Department Origin: City Mana'.qer Exhibits: R-01-45 Expenditure Required: Amount Budgeted: (Remaining) Date Submitted: 6/7/01 For Agenda of: 6/13/01 Appropriation Required: SUMMARY STATEMENT Subsequent to completion of the CR512 charrette process and resulting report for the CR512 Development Master Plan, a presentation of the Master Plan was made before the Indian River County Commission. The City has obtained cost estimates in the amount of $550,800 for initial steps in the proposed enhancements project. I recommend that City Council request that. the Indian River County Commission program the enhancement of County Road 512 roadway into its capital improvement plan during the current budgeting process and fund initial steps of the project in the Fiscal Year 2001-2002. RECOMMENDED ACTION Move to adopt Resolution R-01-45. RESOLUTION NO. R-01-45 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REQUESTING COUNTY PLANNING AND FUNDING FOR COUNTY ROAD 512 ENHANCEMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WItEREAS, the City of Sebastian commissioned the Treasure Coast Regional Planning Council to host a charette over the future development of the coUnty Road 512 corridor through the City; and WltEREAS, the City of Sebastian subsequently presented the resulting report for the CR 512 DeVelopment Master Plan to the County Commission; and WltEREAS, the Master Plan recommends various enhancements to the CR 512 roadway; and WitEREAS, the City of Sebastian has obtained estimates in the amount of $550,800 for the cost of the initial steps in the enhancement of said roadway entailing upgrades to the three main intersections and mature tree plantings along the length of the corridor; and WItEREAS, City requests that the County program thi~q project into its. capital improvement plan and fund these initial phases as part of its current budgeting process; NOW TItEREFORE, BE IT RESOLVED BY TIlE COITNCII, OF THE CITY OF SEBASTIAN, as follows: Section 1. REQUEST FOR PLANNING AND FUNDENG. The City of Sebastian respectfully requests that the Board of County Commissioners of Indian River County program the enhancement of the County Road 512 roadway into its capital improvement plan during the current budgeting process and fund the initial steps of the project in the Fiscal Year 2001-2002 budget. Section 2. CONFLICTS. All conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. immediately upon its adoption. resolutions or parts of resolutions in This resolution shall take effect 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 Vice-Mayor Ben A..Bishop 'Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 13th day of June, 2001. CITY OF SEBASTIAN, FLORrDA ATTEST: S ally A. Maio, CMC City Clerk By: Mayor Waiter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attomey