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Home My WebLink About06171992 CitY of Sebastian F_.BAS-['IAN, FLORIDA 32978 -- "'O -/80127 t; S ~^',, ~407) 589-55?0 ~n~'l' FFiC;~- o Y' _. ~_oa 330 c~ t-t,*, ~ r '.-' '-' -I. F_OL~.p H O N F.. (,407) 1992 - 7:00 P -~' A~ pRoPOSeD ORDiNaNCES ~ND C~TY CLE~, BELO~ M~Y BE ~NspECTED IH THE oFFIC~ OF THE 1225 M~N STREET , SEBBSTI~H ' FLORIDB' CITY 1. CALL TO ORDER 2. pLEDGE OF ALLEGIANCE 3. iNvoCATION - Reverend Chef TOKar. ChUrCh sebastian' christian OLL cALL ma~ be ~°nl~ items not on th of the upon unanimOuS consent (ResolutiOn NO- R-89-59)- The normal order of business for public hearings R-88-32) is as follOWS: (ResOlUtiOn NO. , Ma~or opens ~earing , Attorne~ Reads ordinance Or Resolution , staff presentation , public input , staff summation , Mapor CloSes Hearing , counCil Action - acat o of AN ORDZNA--- s - Kenned ADJACENT -~ ~'XZST~NG ~_A CERTAZ~, _j_~NDZAN R FOR TH~ _!u THE llT~ r~ASTIAN C~L'~_ a&LEy LOCzm'~ER ~ FRESE ~ ~TREET u~'a~UNITy ~TILITy Ea~._~VATioN O~ ~_ RIGHT-om ~.,,. CENTER FOR ~°~mENT . = CURRE ---hz; _~m~'LiCT Hm= .... ~DINANcES ~"~ ~'OR RECO D-''u PUBLIc FROVI ~'~TH. OR PAR R INC; DING F ' PROVI TS OF PROVID 6/10/9~ ~ ic Hear~- U/ed a~ -- Readin~ 6/~-~ ~egular ~_~g in 5/ .,u advertls = ,. -~'/~2 Pu - "~n _,27/92 L _ ed fo~ "~ and A~ .... u~/92 Lc--- - 'uPrlon ~/17/92Yuz NOtices, to the ~ ~gone 9. ~ AGEND ~ eSSing t ~ i_~z~ addre COnSider~ h~ uOUncll, ss for motlon. ~here ~ms on the COnse ~nsent a~en~- ~ill be ,~d Will be ~_ft agenda and acted Upon Separatelg ~=em w'7~ ~ A. . 1~ m= removed ApprovaI ~ 92. 182 B. And ~ minutes _ 6/3/92 ~Orkshop o BUlldln ~Pecimen ~__~ Corpora ~ _ Unit ~n ~r~e _ One ~-~n - Re u - Rec --' ~ebast ~zpe _ L q est to . O~end~- lan Ht~._ _ ct 9, B~-- ~Urvey, ~n dated ~'~n~s (Sta~uu~ 199, 92.183 C. m ~catton, · m~ Permit) ~/z0/92, Holiday BUild ~Pecim ~ ~ ers, In 92. 184 D. --" aPPl~catiol°uaff Reco~-401, Unit '~, Survey) enaation Receive Code 6484 (Grleco)Enforcement O~ders _ 6418, 92-6436 - Case Nos. Case No. 10. (Sturm) 92-6345, 92-6348, 92- 92~ 2 92.185 92.044 92.181 11. MAYOR AND CITY COUNCIL MATTERS 12. 13. 14. 15. A. Mr. Frank Oberbeck B. Mrs. Carolyn Corum C. Dr. Peter R. Holyk D. Mr. George G. Reid E. Mayor Lonnie R. Powell CITY ATTORNEY MATTERS CITY MANAGER MATTERS COMMITTEE REPORTS/RECOMMEND~IONS OLD BUSINESS Discussion - Implementation of Water Restriction Plan - Chapter 30 Code of Ordinances - Deferred from 5/27/92 Regular Meeting (Chapter 30 Code of Ordinances) 16. NEW BUSINESS Golf Course Clubhouse Expansion - Approve Contract for Professional Services of Architectural Firm of Peter W. Jones, P.A. - S19,600 (Staff Recommendation dated 6/10/92, Contract) ORDINANCE NO. 0-92-14 - Airport Manager (City Manager Recommendati6n dated 6/10/92, 0-92-14) 1st Reading, Set Public Hearing 7/8/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING CHAPTER 3.5 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 3.5-4 (a) TO REMOVE THE REQUIREMENT THAT THE AIRPORT MANAGER BE AN EXISTING FIXED BASED OPERATOR; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 6/3/92) 3 92.186 92.187 92.152 ORDINANCE NO. 0-92-15 - Adopting Water and Wastewater Utility Rates (Staff Recommendation dated 6/11/92, 0-92-15) 1st Reading, Set Public Hearing 7/8/92 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING WATER AND WASTEWATER UTILITY RATES; ADOPTING A FEE IN LIEU OF FRANCHISE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS' FEES; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 0-92-11 -~ Creative Playground Open Hours - Sunrise to'Sunset (Staff Recommendation dated 6/~L0/92, 0-92-11) Reading, Set Public Hearing 7/8/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO PUBLIC PARKS AND PUBLIC RECREATIONAL FACILITIES; AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 18-1 TO REDUCE THE HOURS THAT THE CREATIVE PLAYGROUND PUBLIC RECREATIONAL FACILITY IS OPEN FOR PUBLIC USE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/27/92) ORDINANCE NO. O-92-12 - Vacation of Drainage R.O.W. (Staff Recommendation dated 6/8/92, 0-92-12) 1st Reading, Set Public Hearing 7/8/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN DRAINAGE RIGHT- OF-WAY LOCATED ON LOT 12, BLOCK 222, SEBASTIAN HIGHLANDS UNIT 8, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 9, OF THE PUBLIC RECORDS OF iNDIAN RIVER COUNTY, FLORIDA, NEAR THE INTERSECTION OF BISCAYNE LANE AND LANDSDOWNE DRIVE, IN THE CENTRAL PART OF THE CITY; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/6/92) 4 92.150 92.134 92.188 92.169 92.189 17. ORDINANCE NO. O-92-13 - Vacation of a Portion of North Central Avenue Right-of-Way (Staff Recommendation dated 6/11/92, O-92-13) Reading, Set Public Hearing 7/8/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF THE CENTRAL AVENUE RIGHT-OF-WAY LOCATED EAST OF U.S. HIGHWAY 1, ALSO KNOWN AS STATE ROAD 5, WEST OF INDIAN RIVER DRIVE AND NORTH OF MAIN STREET; PROVIDING FOR THE PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY EASEMENTS; PROVIDING CONDITIONS; PROVIDING FOR RECORDING; PROVIDING FOR RE~EAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVI~D~NG FOR AN EFFECTIVE DATE. (Discussion 2/5/92, 5/6/92) Visions For The Future - Appoint a City Government Representative (Campbell Letter dated 5/28/92) RESOLUTION NO. R-92-30 - Metropolitan Planning Organization - Interlocal Agreement - Appointment of Representatives (Staff Recommendation dated 6/4/92, R-92-30, City Engineer Memo dated 6/4/92, MPO Info, Governor's Letter dated 4/10/92, Keating Letter dated 5/6/92, Keating Memos dated 6/1/92) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AGREEING IN PRINCIPLE TO EXECUTION OF A METROPOLITAN PLANNING ORGANIZATION (AN "MPO") INTERLOCAL AGREEMENT; PROVIDING FOR AN MPO APPORTIONMENT PLAN; APPOINTING A REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO SERVE ON THE MPO AND INTERIM MPO; PROVIDING FOR REPEAL OF RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is NOt Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) Ron C. Harsh - Proposed Community Bandstand Project (Harsh Letter dated 5/26/92) Herbert Sturm - Rescind Code Enforcement Orders and Remove Code Enforcement Board Members (Agenda Request, Certified Letter dated 4/2/92, Code Enforcement Board Minutes dated 5/20/92, Code Enforcement Board Form, Notice of Violation Hearing) 18. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WiLL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 6 ORDINANCE NO.: 0-92-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN ALLEY LOCATED WEST OF THE EXISTING SEBASTIAN COMMUNITY CENTER ADJACENT TO THE 11TH STREET RIGHT-OF-WAY~ PROVIDING FOR THE PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY EASEMENTS/ PROVIDING FOR RECORDING~ PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city Council of the city of Sebastian, Indian River County, Florida (hereinafter the "City Council"), has determined that the alleyway located west of the Sebastian Community Center, adjacent to llth Street, in the City of Sebastian, Indian River County, Florida, (the "Alley"), no longer serves the public interest and necessity~ and WHEREAS, the City Council, on behalf of the City of Sebastian, has determined that it would be in the best interests of the City of Sebastian and its residents to vacate the Alley. NOW, THEREFOREt BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. V&CATION OF ALLEY. The city of Sebastian, Indian River County, Florida, hereby vacates the certain Alley located in the City of Sebastian, Indian River County, Florida, more specifically described as the twenty foot (20') alley lying in Block 5 of OCEANBREEZE HEIGHTS, according to the plat thereof, filed in Plat Book 2, Page 7, Public Records of Indian River County, Florida. Section 2. PRESERVATION OF EASEMENTS. Notwithstanding any provision contained in this Ordinance to the contrary, the vacation of the Alley as described in Section 1 of this Ordinance shall not operate to terminate any public utility easements currently existing in said Alley unless the public utilities which currently have an interest in such public utility easements shall consent, in writing, to the vacation of any such public utility easements. Section 3. RECORDING. The City Clerk is directed to present this Ordinance to the Clerk of the Circuit for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida. Section 4. 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 and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. 2 The foregoing ordinance was Councilperson seconded by Councilperson put to a vote, the vote was as follows: moved for adoption by The motion was and, upon being Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilperson Carolyn Corum Councilperson Peter R. Holyk Councilperson George G. Reid The Mayor thereupon declared this ordinance duly passed and adopted this day of , 1992. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk - 3 - I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1992, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney - 4 - City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE FROM ANDO BUILDING CORPORATION Approved For Submittal By: City Manager Agenda Number: Dept. Origin: Community Development Date Submitted: 5/26/92 ~"' ~ For ~genda Of: 6/17/92 Exhibits: Application for Tree Removal dated 06/17/92, HRS Permit #2-0361 dated 06/01/92. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Pursuant to the City Council's direction at its regular meeting of May 22, 1991, the City of Sebastian Building Department requires a tree removal permit to be obtained prior to removal of trees. The applicant, Ando Building Corporation, is requesting removal of a specimen tree on a property at. 334 Watercrest Street (Lot 9, Block 199, Sebastian Highlands Unit 10). The tree is located in the proposed location for the drainfield. Please note recommendation of removal of pine tree in drainfield area from HRS. RECOMMENDED ACTION Move to approve the removal of one pine tree over 20 inches in diameter located on Lot 9, Block 199, Sebastian Highlands Unit 10. CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND REMOVAL AND/OR RELOCATION OF TREES / STREET ADDRESS: ~ ~ ---- ' ,,0'r No.:BLOCK NO.: /4f UNIT CONTRACTOR: ~/V Z> O SUB-COSTRACTOR; /~, OWNER OF PROPERTY. ~~ PHONE NO.: ~- /~O I certify that all the foregoing information is accurate and that all work will be done in compliance with the Land Development Code ( Article XIV ) Signattlre ...~..~~~ ~~/ APPLICATION MUST INCLUDE: / 1. On a survey, locate all specimen trees (20 inch diameter or more). Indicate which trees to be removed and/or relocated. Indicate the species of each tree. All specimen trees (20 inch diameter or more) to be removed or relocated must obtain the approval of the Sebastian City Council. A survey indicating all improvements must be submitted in relation to the removal of the specimen trees. 2. Applicant must tag all specimen trees with a bright ribbon around the tree approximately 6 feet above the grade. Office Use only SiTE INSPECTION BY: ~//~ APPROVED FOR PERMIT: YES: ~ NO: MUST OBTAIN CITY COUNCIL APPROVAL: YES: IF YES, [)ATE OF CITY COUNCIL APPROVAL: DATE: NO: ,~-, -SKETI~H OF~URVEY ~ ANDO BUILDING CORPORATIO~ & GERALD & JOYCE FRELAND & PROFESSIONAL TITLE RECOP~F~ IN PCAT ~ 6, PAGE 37 PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. ....... VV~&;r. ER L MOYER 1789 C:~IOV~ S'['. S.L. ~.'h pAIN BAY, FI.ORIDA SURVEYOR'S NOTES ~ D~'I~I~ON ~90 5~ ~EO C~ 2823 V~T, ] -- VACANT LOt 19 I U~- 16 33' rq 6~ BL0 (K I ~9 House I~' CONCRETE DR {3~AINflEJ~0 L ~ 5- L3~'X0 E i HEREBY CERTIFY that I;hi! SKETCH OF SURVEY ia OeCCOCt to the LS' LA ND ~Jr~EY~R WALTER L MOYER ~ REGISTERED LAND SURVEYOR NO, R888 ~TATE OF FLORIDA STATE OF FLORIDA PEP, MITNO DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES HRS-INDIAN RIVER COUNTY PUBLIC HEALTH DEPARTMENT ~ ONSITE SEWAGE DISPOSAL INSTALLATION AND CONST~UCT]ON PERMIT 2-0361 APPLICANT CONTRACTOR SUBDIVISION STREET Freland. Gerald & .3oyce Ando Building Corp. Sebastian Hichlands Watercrest St UNIT 0010 PERDTE 06/01/g2 PUBLIC WATER N APLIDTE 05/27/92 BLOCK 0199 LOT ~[][~9 SYSTEM CONSTRUCTION SPECIFICATI 0NS: SYSTEM ELEVATION REOUIRED(TOP OF TANK LID0 26" ABOVE ROAD MINIMUM TANK SIZE TO BE INSTALLED: 0900 - GALLONS SEPTIC TANK GALLONS GREASE TRAP GALLONS DOSING TANK *SEE BELOW FOR ADDITIONAL REOUIREMENTS MINIMUM DRAINFIELD(S) CAPACITY TO BE INSTALLED: 0300 SOUARE F~ DRAINTRENCH w~SEE BELOW FOR OTHER TYPE DRAINFIELD OTHER SPECIAL INSTRUCTIONS: MUST INSTALL A BAFFLED SEPTIC TANK. RECO~ REMovAL OF PINE T~ IN'DRAIN-FIELD AREA.~ INSTALLATION MUST BE IN ACCORD WiTH REOUIREMENTS OF 10D-6 OF THE FLORIDA ADMINISTRATIVE CODE. A SYSTEM CONSTRUCTION PERMIT IS VALID FOR A PERIOD OF ONE YEAR FROM DATE OF'ISSUANCE. 2. FINAL INSTALLATION. INSPECTION AND APPROVAL IS REOUIRED BEFORE SYSTEM COVERED. INSPECTIONS CAUSED BY CONqTRACTOR. SUBCONTRACTOR OR OWNER ERROR REOUIRE ADDITIONAL FEES. FILL PROVIDED MUST BE CLEAN. MEDIUM TEXTURED SAND AS PER 10D-6 FAC. 4. COMPLETED COPIES OF THIS FORM WILL BE PROVIDED TO THE APPLICANT. INSTALLER AND THE RESPECTIVE BUILDING DEPARTMENT. 5. SITE PLAN CHANGES MUST BE APPROVED BY THIS OFFICE PRIOR TO SYSTEM INSTALLATION APPROVED INSTALLATION DOES NOT GUARANTEE PERFORMANCE*~ SYSTEM DESIGN AND SPECS BY CONSTRUCTION AUTHORIZED BY INDIAN RIVER COUNTY PUBLIC [)ATE: 06/01/92 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE FROM HOLIDAY BUILDERS, INC. Approved For Submittal By: City Manager '~ Agenda Number: Dept. Origin: Community Development Date Submitted: 6/04/92 (BC~ For Age~nda Of: 6/17/92 Exhibits: Application for Tree Removal dated 06/04/92 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Pursuant to the City Council's direction at its regular meeting of May 22, 1991, the City of Sebastian Building Department requires a tree removal permit to be obtained prior to removal of trees. The applicant, Holiday Builders. Inc., is requesting removal of a specimen tree on a property at 1661 Barber Street (Lot 6, Block 401, Sebastian Highlands Unit 11). The tree is located in the proposed location for the house. RECOMMENDED ACTION Move to approve the removal of one pine tree over 20 inches in diameter located on Lot 6, Block 401, Sebastian Highlands Unit 11. City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE FROM HOLIDAY BUILDERS, INC. ~ppro.~e~ ?r~ Submittal By: City Manager ,~/~'/~'-----~ Agenda Number: Dept. Origin: Community Development (BC~ Date SUbmitted: 6/04/92 For Age~nda Of: Exhibits: Application for Tree Removal dated 06/04/92 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Pursuant to the city Council's direction at its regular meeting of May 22, 1991, the City of Sebastian Building Department requires a tree removal permit to be obtained prior to removal of trees. The applicant, Holiday Builders, Inc., is requesting removal of a specimen tree on a property at 1661 Barber Street (Lot 6, Block 401, Sebastian Highlands Unit 11). The tree is located in the propOsed location for the house. RECOMMENDED ACTION Move to approve the removal of one pine tree over 20 inches in diameter located on Lot 6, Block 401, Sebastian Highlands Unit 11. CITY OF SEBASTIAN / A'PPLICA?ION F~OR Ci~EARINO AND RE.HOVAL AND/OR RELOCATION OF TREEi{ SUI]DIVI S ION: O.~N't, ac'ro~: ~.O.L_I .D.A .Y BUILOE.R~,iNO,... - I certify that ~ll the foregoinq information i~ aocura~e and that ~ll ~ork ~ill b~ done in compliance with the Land Develo[.me Code ( Article X1V ) S.i~na t u APPLICATION HUST INCLUDE~ 1. on a .urve'y~lO~a~e all specimen ~rees {20 inoh diameter or more). Indicate which trees ko be removed and/or relocated. Indicate the ~ach tr~e. All {pecimen trees (20 inch diameter or more) to be removed or relocated must obtain the approval of the Sebastian City. Council. h ~urvey indicatin~ all improvemen~ relation to the removal of the ~pecimen trees. Applicant must tag all 8pecimen trees with a bright ribbon arotind the tree approximately 6 feet above the 9fade. Office Use Only APPROVED FOR PERMIT~ YES~ NO: MUST OBTAIN CITY COUNCIL APPROVAL: IF YES, DATE OF CITY COUNCIL APPROVAL: ' SKETCH OF SURVEY WALTER L MOYER 1789 CANOVA ST. S.£. fB LOT 6, BLOCK 401 9EBASTI/LN HIGHLANDs UNIT EL~VF.~ AS RECORDED IN PLAT BOOK 7, PAGE 56 l~l~alc [~COPJ)S OF ZNDIAN PAVER COuh'rY, FLORIDA. ~c.G [ .~Ecrl(IN 30, ~? 3I!KltrlM,_~_,I:~E 38EAST, SamC · LOTKI~40 ' BLOC , EXISTING LOT I'? '-,, PALM BAY, FLORIDA 32909 SURVEYOR'S NOTES ],~ARING R~FER~NC~ TO INt)~ S'~t"ET,A( BEING S-~4+~-~ 4. ~ ~ X P~[L 1~78E 5, E~VATIONS B~ ~ ASSUMED DATA ENO ~EE$ O~R ZO*'ON ~T 'LOT lC<, B~CI( 401 LOT ? BLOCK [,vAC ANT) ........... ...... LOT 14 BLDCK 39~ I HEREBY CER'RFY t~et title BKETCH OF BURVEY It ~ermet te ~m .WALT~ L MOYER ~ REGI~ERED ~ND ~UR~OR N~ ~828 : ~ATE OF FLORIDA EXISTING ,,rarpTl~ E-~EXISTI/~G SEPTIC TANK . LOT 15 Scale 1" -- ~,J ~ o.~. ~'~'O~,, ~r~, ,,: ..... Revis.~ r.. W~ CODE ENFORCEMENT BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA IN TRE F~%TTER OF: Mr. Benry Grieco 1006 Barber Street Sebastian, FL 32958 LEGAL DESCRIPTION: CASE NO. 92-6484 Lot 23, Block 222 of SEBASTIAN SIGELANDS UNIT 8, of Indian River County, Florida. ORDER FINDING VIOLATION TSIS CAUSE originally came to be heard.after due Notice to the Respondent at a violation hearing conducted by the Code Enforcement Board of the City of Sebastian on May 20, 1992. The Board after having heard testimony under oath, received evidence and heard argument of counsel or respondent, if any, thereupon issues its Finding of Fact, Conclusion of Law and Order as follows; FINDINGS OF FACT The Board determined upon the evidence presented that; Mr. Grieco did place a off premise garage sale sign in violation of the ordinance that the violator corrected the violation. CONCLUSIONS OF LAW The Code Enforcement Board concludes that the above-referenced individual was in violation of Section 12; Chapter 32 of The Code of ordinances of the City of Sebastian, Indian River County, Florida. Law, it is hereby ordered that: Based upon the foregoing Finding of Facts, Conclusion of No fine be levied. 2. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY TSE CODE INSPECTOR, Robert Nicholson, WHO SHALL DIRECT AN INSPECTION OF THE PROPERTY AND NOTIFY THE CODE ENFORCEMENT BOARD AS TO CORRECTION OF THE VIOLATION. 3. If Respondent causes a reoccurrence of the violation, this Board shall reconvene in the Council Chambers to hear further evidence on the issue of compliance a.d to impose a fine of up to the maximum amount of $500.00 per day for each day the violation co. tinues. In the event of a future violation of this order after the aforementioned date, Respondent shall be renotified of a new compliance hearing, at which the Board will review the evidence and impose the fine provided herein if said violation is determined to have again occurred. 4. TAKE NOTICE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST YOU CONSTITUTES A LIEN AGAINST THE REAL PROPERTY UPON WHICH THE VIOLATION EXISTS, OR IF YOU DO NOT OWN THE PROPERTY, THEN AGAINST ANY REAL OR PERSONAL PROPERTY W~ICH YOU DO'OWN. YOUR CONTIN~D NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS OF YOUR PROPERTY. THEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO COMPLY WITHIN THE STATED TIME, PLEASE NOTIFY THE CODE INSPECTOR iMMEDIATELY. DONE AND ORDERED this ~'~day of , 1992, in open session at the Council Chamber, 1225 Hain Street, Sebastian, Florlda. Code Enforcement Board Nunc Pro Tunc ATTEST: IN THE MATTER OF: Mr. Herbert Sturm 549 Saunders Street Sebastian, FL 32958 CODE ENFORCEMENT BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA CASE NOS. 92-6345 92-6348 92-6418 92-6436 LEGAL DESCRIPTION~ Lot 4, Block 62, of SEBASTIAN HIGHLANDS UNIT ~2, of Indian River County, Florida. ORDER FINDING VIOLATION THIS CAUSE originally came to be heard after due Notice to the Respondent at a violation hearing conducted.by the Code Enforcement Board of the City of Sebastian on May 20, 1992. The Board after having heard testimony under oath, received evidence, end heard argument of counsel or respondent, if any, thereupon issues its Finding of Fact, Conclusion of Law and Order as follows; FINDINGS OF FACT The Board determined upon the evidence presented that; Herbert Sturm was storing junk end debris such as construction materials, barrels and water tanks in violation of the City ordinances. CONCLUSIONS OF LAW The Code Enforcement Board concludes that the above-referenced individual was in violation of Chapter 16-1(b),(c),(e) & (f) of The Code of Ordinances of the City of Sebastian and Section 12-3! of the Code of Ordinances, Indian River County, Florida. ORDSR 1. Based upon the foregoing Finding of Facts, Conclusion of Law, it is hereby ordered that~ The violator is fined $100.00. Also, the violator has twenty (20) days from receipt of this Order to clear the premises and bring it into compliance with the ordinance or a fee of $100.00 per day is levied. Compliance would entail the violator removing or placing in closed quarters all construction materials, barrels, water tanks and debris. 2. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY THE CODE INSPECTOR, Robert Nicholson, WEO SHALL DIRECT AN INSPECTION OF THE PROPERTY AND NOTIFY TEE CODE ENFORCEMENT BOARD AS TO CORRECTION OF THE VIOLATION. 3. If Respondent causes a reoccurrence of the violation, this Board shall reconvene in the Council Chambers to hear further evidence on the issue of compllanoe and to impose a fine of up to the maximum amount of SBO0.00 per day for each day the violation continues. In the event of a future violation of this order after the aforementioned date, Respondent shall be renotified of a new compliance hearing, at which the Board will~revlew the evidence and impose the fine provided herein if said vioiation is determined to have again occurred. 1 4. TAKE NOTICE T~AT ANY FINE IMPOSED BY THIS BOARD AGAINST YOU CONSTITUTES A LIEN AGAINST THE REAL PROPERTY UPON WHICH THE VIOLATION EXISTS, OR IF YOU DO NOT OWN THE PROPERTY, TEEN AGAINST ANY REAL OR PERSONAL PROPERTY WHICH YOU DO OWN. YOUR CONTINUED NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS OF YOUR PROPERTY. TBEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO COMPLY WITHIN THE STATED TIHE, PLEASE NOTIFY THE CODE INSPECTOR IMMEDIATELY. DONE AND ORDERED this ~~ay of ~.., 1992, in open session at the' Council Chamber, 1225 Main Street, Sebastian, Florida. Cha£rma~ Code Enforcement Board Nunc Pro Tunc ATTEST; Secretar~ [ Chapter 30 WATER RESTRICTION PLAN* Sec. 30-1. Title. This chapter shall be known as t~e "City of Sebastian Water Restriction Plan." (Ord. No 0-90-09, §. 1, IL22-90) Sec. 30-2, Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. The word "shall" is always mandatory and not merely directory. City shall mean the City of Sebastian, Indian River County, Florida. Water shall mean water taken from: (1) The city water system; (2) Any groundwater system, including shallow and deep water wells drawing water from the Florida aquifer; (3) Any surface water system; or (4) Any other public water supply. This includes, but is not limited to, any system, that uses any groundwater or interconnected surface waters for a watersource irrespective of whether the system is publicly or privately owned. Water shortage emergency shall mean a declaration by the city council that a water shortage exista (Ord. No. 0-90-09, § 1, 8-22-90) *Editor's note-Section 1 of Ord. 1%. 0.90-09, adopted Aug. 22, 1990, amended the Code by adding Ch. 10 thereto. In order to preserve the alphanumerical se- ~luence of chapters within the Code, the editor has redesignated the new provi. sions as Ch. 30. Cross reference-Utilities, Ch. 27. Supp- No. 21 1771 .¸4 30-3 SEBASTIAN CODE Sec. $0-3. Application. The provisions of this chapter shall apply to all individuals who use water, as defined herein, wit2~n the city. (Ord. No 0-90-09, § 1, 8-22-90) Sec. 30-4. Enforcement. (a) Every city police officer or other enforcemen/, personnel of the city who have arrest powers pursuant to the state laws, shall be authorized and empowered to enforce the provtAions of this (b) In addition to the penalties for violations provided herein, the city ,--,~ager may enforce the provisions of this chapter by ordering discontinuance of service to any person violating the provisions hereef for the third and each successive violation dur/ng any declared water shortage. If any person's water supply is di~ continued under the provisions of this chapter, such person will be required to pay all charges necessary for reconnect/on before the city will reconnect such person's water supply. (Ord. 1% 0-90-09, § 1, $-22-90) Sec. 30-5. Exception to article to msi,,tsi,~ s--itafion- The city manager shall have the authority to permit a reason- able use of water in any case necessary to main~ adequate health and sanitation standards as set forth in the county health code. These permits shall be issued only upon the showing of good cause for the uses requested when supported by the aforesaid county health and ~itation standards. (Ord. No 0-90-09, § 1, 8-22-90) Sec. 30-6. Penalties for violation- (a) Violators of any of the provisions of this chapter, upon con- viction, shall be subject to the following penalties: (1) First offense, fi_ne not to exceed twenty-five dollars ($25.00); (2) Second offense, frae not to exceed fifty dollars ($50.00); (3) Any individual who has been convicted of a violation of this article three (3) or more times, during the same water Supp. No. 21 1772 WATER RESTRICTION PLAN § 30-8 shortage emergency, upon conviction of each offense after the second conviction during the same water shortage or water shortage emergency shall be deemed to be guilty of a second degree ml-demeanor and punished according to state law for such offenses. (b) Each day of continued violation shall be considered as a separate offense. (Ord. No 0-9(P09, § 1, Sec. 30-?. Landscape irrigation restrict~ns, domestic and commercial-Existing installations. (a) For' existiug installations less than five (5) acres in size, water use for irrigation is restricted to the hours of ~:00 a.m. to 8:00 a.~L, three (3) clays per week_ (b) For existing installations five (5) acres or greater in size, water use for irrigation is restricted to the hours of 12:01 mm. to 8:00 a~m., three (3) days per weelu (c) For an existing installations without automatic irrigation timing devices, irrigation is also permitted during the hours of 4:00 p.m. to 8:00 p.m., three (3) days per week~ (d) In~tanations with odd[-numbered] addresses are permitted to irrigate on Monday, Wednesday and Saturday. Installations with even[-numbered] addresses or no addresses are permitted to irrigate on Tuesday, Thursday and Sunday. (Ord. No 0-90-09, § 1, 8-22-90) Sec. 30-8. Same-New installations. (a) Low volume irrigation of plants and crops with one hose, fitted with an automatic shutoff nozzle, is permitted but conser- vation should be practiced. (b) For installations including home flower gardens which have been in place less than thirty (30) days and are less than five (5) acres in size, irrigation using automatic timing devices is r~ stricted to the hours of 2:00 am. to 8:00 a.m., Monday through Friday. Supp. No. 21 1773 § 30-8 SERASTIAN CODE (c) For areas five (5) acres or greater in aise, irr/gafion is r, stricted to the hours of 12:01 mm to 8:00 a.m., Monday through Friday. (d) For new im~llstions including home flower gardens without automatic/rrigation ~.~m~g devices, irr/gation is also permitted dur/ng the hours of 4:00 p.m.to//:00 p.m., Monday thru. ugh Friday. There s. re no restx/ct/ons for those watering by hand using low volume methods. (e) Cleaning and adjusting of new irrigation ~y~tems is re- stricted to ten (10) r-i~ute$ per zone on a one-time bash. (Ord. No 0-90-09, § 1, Sec. 3(~9. Essential use restrictions. [There shall be] no restrictions on firefigh~g or reed/cai uses. Hydrant flushing [shall be] only on an emergency bash. Sec. $0-10. Household and domestic type use restrictions. Resident/al domestic use should be reduced to achieve a per capita consumption of s/xty (60) gallons per person per day. (Ord. No 0-90-09, § 1, 8-22-90) Sec. 30.11. Water utility use restrictions. Pressure [shall be reduced] by at least fdtee, n percent (15%) initial pressure at point of service (meter) where operationally feasible. Adequate line and fire flow pressure should be main- rained. (Ord. No 0-90-09, § 1, 8-22-90) Cro~ reference-Water and ~ewer service generally. § 27-51 et seq. Sec. 30.12. Commercial and industrial use restrictions. (a) Co,-,~ercial car washes serving passenger vehicles and mo- bile equipment weighing less than ten thousand (10,000) pounds ~re prohibited from using in excess of seventy-five (75) gallons of water per wash. (b) Commercial car washes serving passenger vehicles and mo- bile equipment weighing more than ten thousand (10,000) pounds are prohibited from using in excess of one hundred and fifty (150) gallons of water per washing. (Ord. No 0-90-09, § 1, 8-22-90) Supp. No. 21 1774 WATER RESTRICT]ON PLAN § 30-16 Sec. 30-13. Ag~cultural use restrictions. (a) Overhead irrigation, except by portable volume gun, is re stricted to the hours of 2:00 p.m. to 10:00 a.m. ~b) Flood and seepage irrigation must not discharge tailwaters from the property. This restriction does not apply to agricultural 'uses in the production of watercress planted prior to the declara- tion of a water shortage. (c) Soft flooding for pe~t control or soil preservation is prohib- ited. (Ord. No 0-90.09, § 1, 8-22-90) Sec. 30.14. Nursery use restrictions. Inside overhead irrigation uses are restricted to 8:00 a.m. to 8:00 p.m., seven (7) days per week Outside use is restricted to 7:00 p.m. to 7:00 a.m., seven (7) days per week. (Ord. No 0.90-09, § 1, $.22-90) Sec. 30-15. Golf course use restrictions. ia) Irrigation of green~ and tees must be accomplished during nondaylight hours. (b) Irrigation of fairways, roughs and nonplaying areas on the first nine (9) holes of the course is restricted to the hours of 12:01 a.m. to 8:00 a.m. Monday, Wednesday, and Saturday. (c) Irrigation of fairways, roughs and nonplaying are~ on the last nine (9) holes of the course is restricted to the hours of 12:01 a.m. to 8:00 a.m. on Tuesday, Thursday and Sunday. (Ord. No 0.90-09, § 1, 8-22-90) Cro~ reference-Golf course, Ch. 12.5 Sec. 30-16. Dewatering use restrictions. Discharge of fresh water to tidal waters is prohibited. (Ord. No 0-90-09, § 1, 8-22-90) Supp. Nc. 21 1775 § 30-17 SEBASTIAN CODE Sec. 30-17. Water-based recreation restriction use (includes pools, water slides, swim areas). (a) Filling is permitted for new and existing facilities. Drainage is only permitted onto porous surfaces. No draining into sewers [is permitted]. Adding water to maintain levels is permitted for both new and existing facilities. (Ord. No 0-90-09, § 1, 8-22-90) Sec. 30.18. Miscellaneous use restrictions. (a) Boat washing and motor flushing is permitted for up to a maximum total of thirty (30) minutes following operation in salt or brackish water. Co) Air conditioning (water source heat pumps) use [shall be] restricted to water necessary to maintain temperat-are no cooler than seventy-eight (78) degrees Fahrenheit. (c) Washing and cleaning streets, driveways, sidewalks, or other nonporous areas with water is prohibited. (d) Noncommercial vehicle washing is restricted to the hours from 4:00 a.m. to 8:00 a.m. and from 4:00 p.m. to 8:00 p.m., three (3) days per week, using the even/odd house address method. (e) Outside pressure cleaning is restricted to only low volume methods, seven (7) days per week. (f) Outside aesthetic uses of water is prohibited. (Ord. No 0-90-09, § 1, 8-22-90) C~oss referenees-l~pairing a~d ~n~ng ~a~, ~ ~14A; s~, ~d~ w~ ~d o~er ~b~c p~, Ch. 23. Sec, 30-19. Implementation. The curtailments and restrictions of water uses provided for in this chapter shall be implemented upon a declaration at any time or the water shortage emergency by the city council and shall remain in effect until such times as the city council shall declare such emergency to be at an end. (Ord. No 0-90-09, § 1, 8-22-90) Supp. No. 21 1776 WATER RESTR/CTION PLAN § 30.20 Sec. 30-20. Supplemental. The provisions of this chapter are supplemental, in addition to, and not in derogation of, ali ex/sting ordinances effective in the city. (Ord. No 0-90-09, § 2, $-22-90) Supp. No. 2:1 1777 [The next page is 1799] City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Contract between City and Architect for Golf Course Expansion Project Approved for Submittal By: City Manager ~ ) Dept. Origin Golf Course (JD) ) Date Submitted: 06-10-92 ) ) For Agenda Of 06-17-92 ) ) Exhibits: Contract- Peter W. Jones, P.A. ) dated 06-09-92 ) Expenditure Amount Required: $19,600 Budgeted: Appropriation -0- Required: SUMMARY STATEMENT City Council has previously approved the Golf Course Facilities Expansion Project. In accordance with Florida Statutes 287, the Consultant's Competitive Negotiation Act, Staff has negotiated with the number one ranked architectural firm as approved by City Council. Attached is the proposal/agreement by the architectural firm of Peter W. Jones, P.A., for professional services which states the scope of services and the related professional fees. This fee is a fixed fee as opposed to a standard percentage fee. RECOMMENDED A.CT!ON Approve the Contract for professional services of the architectural firm of Peter W. Jones, P.A., in the amount of $19,600. . o ¢ Peter W. Jones, P.A. CITY OF SEBASTIAN GOLF COURSE FACILITIES EXPANSION 1 992 ~/ PAGE 1 REVISED PROPOSAL TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES A. DESIGN DEVELOPMENT Develop schematic design plans based on client review and approval-of various alternative design solutions. Provide preliminary cost estimates to enableainformed decisions. Plans to include floor plan(s), elevation(s), sections & details, site plan layout, and perspective sketch. FEE FOR THESE TASKS: $ 7200 B. SITE PLAN APPROVAL PROCESS Provide requisite number of architectural drawings and documents for inclusion in site plan approval package. Coordinate efforts with client's chosen site engineer. Assist client and/or client's site engineer in any presentations. FEE FOR THESE TASKS: $ 3600 CONSTRUCTION DRAWINGS AND SPECIFICATIONS Provide working drawings and specifications suitable for bidding and construction purposes. Provide revised cost estimates. FEE FOR THESE TASKS: $ 8400 Peter W. Jones, P.A. GOLF COURSE FACILITIES EXPANSION . REVISED PROPOSAL - ARCH. SERVICES 9 JUNE 1 992 PAGE 20F~ CONSTRUCTION ADMINISTRATION Provide field inspection for architectural conformance at certain specified key stages. FEE FOR THESE TASKS: $ 400 A. Design Development B. Site Plan Approval Process C. Construction Drawings ./ Specs. D. Construction Administration I$ 7200 3600 8400 400 Total*: $ 19600 Plus reimbursables at actual cost plus ten percent (10%)'for handling and administration. Further, Peter W. Jones, P.A. agrees to perform, at no additional cost for professional services, any redesign work necessary to bring construction costs into line with client's budget requirements at the time of initial contractor bidding and/or negotiations. Any other professional architectural services required outside the tasks/scope of work noted above will be 'performed, subject to client's prior authorization, at the rates of $75 per hour for Principal Architect and $45 per hour for Senior Designer/Drafting. IN AGREEMENT: On behalf of the City of Sebastian City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Airport Manager Approved For Submlttal By: City Manager Agenda No. Dept. of Origin: City Council (GGR) Date SUbmitted: 06/10/92 For Age~da Of: 06/17/92 Exhibits: - Ordinance 092-14 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its Workshop Meeting of June 3, 1992 the City Council directed the City Attorney to prepare an Ordinance amending Section 3.5 of the City Code which outlines requirements for Airport Manager. Currently, the Code requires that the Airport Manager be an existing fixed base operator or other qualified person. The proposed ordinance would remove the requirement that the Airport Manager be an existing fixed base operator. RECOMMENDED ACTION Move to approve Ordinance 092-14 on first reading and set public hearing for July 8, 1992. ORDINANCE NO. 0-92-~14 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AII~PORT; AMENDING CHAPTER 3.5 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION $.5-4(a) TO REMOVE THE REQUIREMENT THAT THE AIRPORT MANAGER BE AN EXISTING FIXED BASED OPERATOR; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY ~ AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN~ INDIAN RIVER COUNTY, FLORIDA that= SECTION 1. Section 3.5-4(a) of the Code of Ordinances of the City of Sebastian is hereby amended in its entirety to read follows: "(a) The airport'manager shall be appointed by the cit~ manager. The airport manager shall administer and be responsible for the enforcement of field rules, operation procedures, and ali maintenance and storage requirements in compliance with Federal Aviation Administration rules and regulations, state statutes an¢ rules and city ordinances. The airport manager shall present fo~ review, as requested by the city manager, complete report~ regarding any and all airport activities. Ail copies of FederaZ Aviation Administration reports, U.S. Department of Transportatiol reports and Florida Department of Transportation reports will be submitted to the city manager." SECTION 2. ~0NFLICT. Ail ordinances or parts of ordinances in conflict herewit! are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the seotions of this ordinance may be renumbered or relettered to accomplish such intention; and that the words "ordinance" may be changed to "section", "article"~., or other appropriate designation. ~ SECTION 4. 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 will 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 and unconstitutional provision there by causing said remainder to remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect six (6) months from the date of final passage. 2 The foregoing Ordinance was moved for adoption by Counci Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Peter R. Holyk Council Member George G. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this day of ... z 1992. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) i HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of .... , 1992, and that following said public hearing t--his Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 m FAX (407) 589-5570 SUBJECT: Utility Rate and Fee in Lieu of Franchise Fee Approved for Submittal By: City Manager ~ Dept. Origin Finance (MLIt) Date SubExitted: 06q 1-92 For Agenda Of 06-17-92 Exhibits: Ordinance attached Expenditure Amount Appropriation Required: -0- Budgeted: Required: ~UMMARY STATEMENT Effective May 1, the City and Indian River County has entered into an interlocal agreement wherein the County relinquished its franchise rights within the City of Sebastian. Accordingly, the City has accepted certain duties and responsibilities with regard to operation of the utility system. As a result of this interlocal agreement, the City must adopt rates and fees in conjunction with the operation of the utility system to enable the County to continue to provide billing and maintenance services, etc. until next May 1, 1993 when the City administers billing and other functions directly. RI}COMMENDED .ACTI..ON Approve first reading of the Ordinance and set Public Hearing date for July 8, 1992. The foregoing ordinance was moved for adoption by Councilman The motion was seconded by and, upon being put to Councilman_---------------- a vote, the vote was as follOWS: Mayor Lonnie R. Powell - -- Vice-Mayor Fran oberbeCk -- _ councilman peter R. Holyk -- ' ' __ councilman George G. Reid _ councilwoman Carolyn Corum The Mayor thereupon declared this ~ordinance 1992. day of ' adopted this ____- A cITY OF SEBASTIAN, FLORIDA duly paSSed and ATTEST: City clerk · I HEREBY CERTIFY that notice Of public hearing on this in the Veto Beach Press journal as reguired by state Statute, that one public hearing was held on this ordinance was published day of _, 1992, ordinance at 7:00 p.m. on the .'-~aring thi~ordinance was passed and that following said public hea by the city council. City clerk Approved as to Form and Content: ~ TorpY Assistant city Attorney AND Z993 Water Billing Charge - Per Account Base Facilities Charge Where Lines Are Available - Per ERU $ 2.00 $ 2.00 $ 8.?0 $ 9.20 $ 4.35 $ 4.60 Volume Charge 0 to 2,OO0 Gallons Per Month Per ERU Excep~ Irrigation Only - Per 1,000 Gallons Per Mon~h 3,001 to 7,000 Gallons Per Month Per ERU end Irrigation Only 0 - 7,000 Gallons Per 1,000 Gallons Gallons Per Month Per ERU - Per 1,000 Gallons Excess Volume Surcharge For use Grea=er =hah 13,000 Gallons Per Month Per ERU - Per 1,000 Gallons $ 1.75 $ 1.75 $ 2.15 $ 2.15 $ 2.-~S $ 2.55 $ 2.10 $ 2.30 Sewer Billing Charge - Per Account Base Facilities Charge Where Lines Are Available - Per ERU Base Facilities Charge Where Capacity is Reserved But Lines Are Not Available - Per $ 2.00 $ 2.00 $13.00 $!3.50 S 6.50 $ 6.75 EXHIBIT "A" 199~ AND 1993 (Cont£nusd) Volume Charge - Calculated as 85% of Wa:er Use - Per 1,000 Gallons - lO,O00 Oallon Per Month Maximum for Residential Customers Excess Volume Surcharge For Use Greate~ ~h&n 11,000 Oallons Per Month Per ERU - Per 1,000 Gallons Excess Sewage Strsngth Charge Excess Sewage Strength Charge Applicable =o Customers Required ~o Use Grsasetrapa But who Have Obtained a Variance Due =o Hardship Or Financial Onfeasibility 19g] 4,05 $ 4.45 Sewage Charge Sewage Charge Re:is of Total Ratio of Total Dissolved Solids Dissolved Solids or Biochemical or Biochemical Oxygen Demand in Oxygen Demand in milligrams per milligrams per liter / 2S0 liter / 2S0 SepZage Charge per 1,000 Gallons $ 100.00 $ water - ~er ZRU water Treatment and Storage Water Transmission $ 893.00 $ 9?3.00 $ 548.00 $ 597.00 Sl,441.00 $1,5~0.00 sawer - Per ERU Was~ewater Treatment and Sludge Disposal gffluen: Disposal Wastewater Transmission Total $1,048.00 $1,159.00 $ $47.00 $ $ 626.00 $ 676.00 $2,321.00 $2,S$I.00 ~992 AND 1993 Impact fees for 1994 and subsequent years will be increased in proportion to the Engineering New Record construction cost index applicable tO Indian River County OTHER CHARGES DepoSl~O Required Upon O~ening, T=ansferrin~, or Reconnecting Service Residential &nd Commercial - Per ERU Hydrant ~e~er Charge for Returned Check Bill Sewer Tap Meter Replacement 5/8 Inch I Inch I 1/2 Inch 2 Inch and Larger Meter Removal 5/8 Inch 1 Inch 1 1/2 Inch and Larger (Continued) 1992 1993 $ 50.O0 $345.00 0.5% Per Month $ 12.00 $ 1.50 COSt Plus Overhead S100.00 5125.00 $300.00 Coat Plus Overhead $ 30.00 $ 30.00 $ 40.00 $ 50.00 $345.00 0.5% Per Month S 12.00 $ 1.50 COSt Plus Overhead $100.00 S125.00 5300.00 Coot Plus Overhead $ 30.00 $ 30.00 $ 40.00 SCHEDULE OF WATER ~ND SEWEK KATES, FEES, AND CHA~tGES Wa=er Service Connection 5/8 Inch Meter 1 Inca Me,ar 1 1/2 Inch Meter Larger ~han i 1/2 Inch Meter Sewer SaFv£ce Connection Residential Commercial and Other Paved Road Cuts Road Jacking and Boring Grass Restoration Unauthorized use of Fire Hydrants other and Ex~raordinary Services 5/8 inch Meter I Inch Meter I 1/2 Inch Meter 2 !nc~ Meter 3 Inch Mater and Larger Fire Hydran= Meter Water Service Raconnection During working Hours Al:er Working HOurs (Continued) $400.00 5460.00 $810.00 COSt Plus ovA~rhead $500.00 Cost Plus Overhead Cost Plus Overhead $200 Minimum COSt Plus Overhead Cost Plus Overhead $115.00 Cos~ Plus Overhead $130.00 $200.00 $500.0O $630,00 CoSt Plus Overhead $ 25.00 $ $ 5400.00 $460.00 $810.00 Cost Plus Overhead $500.00 Cost Plus Overhead COSt Plus Overhead $200 Minimum COe~ Plus Overhead Cost Flus 0verhaad $115.00 Cost Plus Overhead $130.00 $200.00 $500.00 $630.00 Cost Plus Overhead $ 25.00 $ 18.00 $ 25.00 SCHEDULE OF WATER ARD 8EWEI~ ~ATES, F~Kfl, ~ CHAItGES 1992 AND 1993 Meter Rereads and Leak Inspection Delinquency Charge General Service calls (Continued) $ ~.oo $ l~.oo $ 2.00 Plus 1.5% Per Mo. $ 2.00 Plus 1.5% Per Mo, Cost Plus Overhead Cos= Plus Overhead 5/8 Inch Me=er $ 20.00 $ 20.00 1 Inch Meter 1 1/2 Inch Mete= or Larger Damage Repair Line Site Plan Review - under 40 Units and Without Lift Station site Plan Review - over 40 or with Lift $ 20,00 Cost Plus Overhead $100,00 Plus cost Plus Overhead Cost PLus Overhead $ 50.00 Minimum COst Plus Overhead $150.00 Minimum 20,00 Cost Plus Overhead $100.00 Plus Cost Plus Overhead Cost Plus Overhead $ 50.00 Minimum Cost Plus Overhead $150.00 Minimum Inspection Fee Water Per Connection Sewer Per Connection Hydran~ Flow Test Fire Protection Charge - Per Year 25.00 25.00 60,00 $170.00 $ 2S.O0 $ 25.00 $ $0.00 $170.00 FRANCHISE CMARGES Application Fee Cos~ Plus Overhead $ 50.00 Minimum coat Plus Overhead $ 50.00 Minimum SCHEDULE OF WATER AND SEWER RAT~S, F~S, ~ CHARGES 1~92 ~4D 1993 Franchise Name Change cost Plus Overhe&d $1,100.00 Minimum Cost Plus Overhead $115.00 M£n~mum Cost Plus Ov2~rhead $115.00 Minimum Cost Plus Overhead $1,100.00 Minimum Cost Plus Overhead $115.00 Minimum COSt Plus Overhead $11~.00 Nlnimum Change of Ownership 49 £RUs Or Fewer COSt plus Overhead 5115.00 Minimum Cost Plus Overhead $300.00 Minimum Cost Plus Overhead $115.00 Minimum $300.00 Minimum 49 ERUs or Fewer ~0 ERUs or More Public Hearing Cost Plus Overhead $300.00 Minimum Cost Plus Overhead $575.00 Minimum Cost Plus Overhead 5115.00 Minimum Cos= Plus Overhead $300.00 Minimum Cost Plus Overhe&d $575.00 Minimum COS= Plus Overhead $115.00 Minimum City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32918 TELEPHOHE (40}') 589-6330 FAX 407-58e-5510 SUB3 ECT: Ordinance No. EF?2-11 Public Parks and Public Recreational _Facl]lties - Hours.of Operation Approved For Submittal By: Clt:y Manager Agenda No. Dept. ~rtgtn Date Submitted For Agenda O~ Exhibits: Police 6/10/92 6117/92 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUI~IARY STATEMENT An ordinance to change the hours for public use of the Creative Playground from one-half hour before sunrise until 10:00 P.H., to, from sunrise to sunset, unless speclal permission is granted by the City Council on a case by case basls. RECOMMENDED ACTION Hove to approve Ordinance No. 0-92-11 on first reading and schedule public hearing for 3uly 8, 1792. ORDINANCE NO. O-92-11 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO PUBLIC PARKS AND PUBLIC RECREATIONAL FACILITIES; AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 1S-1 TO REDUCE THE HOURS THAT THE CREATIVE PLAYGROUND PUBLIC RECREATIONAL FACILITY iS OPEN FOR PUBLIC USE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR iNCLUSION IN THE CODE OF ORDII~%NCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. Section 18-1 of the Code of Ordinances of the City of Sebastian is hereby amended in its entirety to read as follows: "Sec. 18-1. Open hours. (a) Except as specifically provided by in subsection (b) of this Section 18-1 or as specifically set forth by Resolution of the City Council adopted from time to time, or unless special permission is granted by the City Council on a case by case basis, all public parks and public recreational facilities operated by the City shall be open to the public from one-half hour before sunrise until 10:00 p.m. (b) The Creative Playground public recreational facility, located at Barber Street and Tulip Street, shall be open to the public from sunrise until sunset, unless special permission is granted by the City Council on a case by case basis." SECTION 2. CONFLI,~,T. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may~be renumbered or relettered to accomplish such intention; and that ~the words "ordinance" may be changed to "section", "article", or other appropriate designation. SECTION 4. SEVERABILITY. In the event a court of competent 3urisdiction 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 and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. 2 The foregoing Ordinance was moved for adoption by Council Member The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Peter R. Holyk Council Member George G. Reid The Mayor thereupon declared this ~Ordinance duly passed and adopted this day of ...~ 1992. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1992, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: ) FIRST READING OF ORDINANCE O-92-12 ) VACATION OF DRAINAGE RIGHT-OF-WAY ) ) ) Approved For Submittal By: ) City Manager ) ) ) ) Agenda Number: Dept. Origin: Community Development (BC~ Date Submitted: 06/08/92 For Agenda Of: O6/17/92 Exhibits: Ordinance 0-92-12 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular workshop meeting of May 6, 1992, the City Council directed the City Attorney to draft an ordinance to vacate and abandon the portion of the drainage right-of-way adjacent to Lot 12, Block 222, Sebastian Highlands Unit #8. RECOMMENDED ACTION Move to approve first reading of Ordinance O-92-12 and set public hearing for July 8, 1992. ORDTN~CE NO. ~ 0-92-L2 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN DRAINAGE RIGHT-OF-WAY LOCATED ON LOT 12, BLOCK 222, SEBASTIAN HIGHLANDS UNIT 8, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK PAGE 9, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, NEAR THE INTERSECTION OF BISCAYNE LANE AND LANDSDOWNE DRIVE, IN THE CENTRAL PART OF T~E CITY; PROVIDING POR RECORDING; PROVIDING POR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR BEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida (hereinafter the "city Council"), has determined that the drainage right-of-way located near the intersection of Biscayne Lane and Landsdowne Drive on Lot 12, Block 222, SEBASTIAN HIGHLANDS UNIT 8, according to the Plat thereof, as recorded in Plat Book 6, Page 9, of the Public Records of Indian River County, Florida, in the City of Sebastian, Indian River County, Florida, (the "Drainage Right-of-Way"), no longer serves the public interest and necessity; and WHEREAS, the City Council, on behalf of the City of Sebastian, has determined that it would be in the best interests of the City of Sebastian and its residents to vacate the Drainage Right-of- Way if all expenses incurred by the City are reimbursed by the owners of the lot where the Drainage Right-of-Way is located to the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDI~/~ RIVER COUNTY, FLORIDA, that: SectioD 1. VACATION OF DRAINAGE RIGHT-OF-WAY. The City of Sebastian, Indian River County, Florida, hereby vacates the certain Drainage Right-of-Way located in the city of Sebastian, Indian River County, Florida, more specifically described as follows: From the intersection of Landsdowne Drive and Biscayne Lane in Sebastian Highlands Unit 8, as recorded in Plat Book 6, Page 9, of the Public Records of Indian River County, Florida, run S 51 degrees 49 minutes 23 seconds E alQng the centerline of said Biscayne Lane a distance of 180.00 feet;~ thence run S 38 degrees 10 minutes 37 seconds W to the West right of way of said Biscayne Lane a distance of 25.00 feet to the Point of Beginning; thence continue S 38 degrees 10 minutes 37 seconds W a distance of 115.00 feet; thence run N 51 degrees 49 minutes 23 seconds W to the South right of way of said Landsdowne Drive a distance of 150.14 feet; thence run along said South right of way of Landsdowne Drive through a curve concave to the Southeast with a radius of 835.83 feet, a central angle of 02 degrees 03 minutes 54 seconds and an arc distance of 30.12 feet; thence run S 51 degrees 49 minutes 23 seconds E a distance of 122.84 feet; thence run N 38 degrees 10 minutes 37 seconds E to the West right of way of Biscayne Lane a distance of 85.00 feet; thence run S 51 degrees 49 minutes 23 seconds E along said West right of way of Biscayne Lane a distance of 30.00 feet to the Point of Beginning, and being subject to easements and right of ways of record. - 2 - Section 2. REIMBURSEMENT OF EXPENSES. The owners of Lot 12, Block 222, SEBASTIAN HIGHLANDS UNIT 8, according to the plat thereof, as recorded in Plat Book 6, Page 9, of the Public Records of Indian River County, Florida, have represented to the City that they will reimburse the City for all expenses incurred by the City in connection with the vacating of the Drainage Right-of-Way. Section 3. RECORDING. The City Clerk is directed to present this Ordinance to the Clerk of ~he Circuit Court for indian River County, Florida, for recording~in the Public Records of Indian River County, Florida. Section 4. SEVERABILITY. in the event a court of competent 3urisdiction 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 and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon final passage. The foregoing Ordinance was moved for adoption by Council Member Council Member vote, the vote was as follows: The motion was seconded by and, upon being put to a - 3 - Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Peter R. Holyk Council Member George G. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1992. CITY OF SE~BASTiAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this ordinance was published in the Yero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1992, and that following said public he----~ring this ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, city Attorney - 4 - City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: FIRST READING OF ORDINANCE 0-92-13 VACATING A PORTION OF N. CENTRAL AVENUE Approved For Submittal By: City Manager Agenda Number: i5-0 Dept. Origin: gommun~ty Dev. 91opment (SC~ Date Submitted: O6/~1/92 ~- For Agenda Of: O6~17[.92 Exhibits: Ordinance O-92-13 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular workshop meeting of May 6, 1992, the City Council directed the City Attorney to draft an ordinance to vacate and abandon a portion of North Central Avenue. RECgMMENDED ACTION Move to approve first reading of Ordinance O-92-13 and set public hearing for July 8, 1992. Sebastian Inlet Marina & Trading Co., by and through one of its duly authorized officers, shall sign this ordinance indicating its assent to the conditions contained in this Section 3. ~ RBOORDINffi. The City Clerk is directed to present this ordinance to the clerk of the circuit for Indian River County, Florida, for recording in the Public Records of Indian River county, Florida. In the event a court of determine that any part of competent jurisdiction shall hold or this Ordinance is invalid or unconstitutional, the remainder of this 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 and unconstitutional provision, thereby causing maid remainder to remain in full force and effect. ~ BFFIUTIVE D~Ti. This Ordinance shall become effective immediately upon its adoption. Sebastian Inlet Marina & Trading Co., by and through its undersigned officer, assents to the conditions contained in Section 3 of thl~ Ordinance. By:. Print Office Held:__._..__ - § - The foregoing Ordinance was moved for adoption by Council Member Council Member The motion was seconded by and, upon being put to a vote, the vote was as follows: Mayor Lonnte R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Peter R. Holyk Council Member George G. Reid The Mayor thereupon declared this ordinance duly passed and adopted this __.- day of , 1992. CiTY OF SEBASTIAN, FLORIDA ATTEST: Lonnie R. Powell, Mayor Eathryn M. O'halloran, CMC/AAE City Clerk - 6 - I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal a~ required by State Statute, that one public hearing w&e held on this Ordinance at 7:00 p.m. on the ____ day of , 1992, and that following said public hearing this ordinance wae passed by the City council. Clerk Approved as to Form and Content: - ? - I S ION WORK SHOP FOCUS ON THE F U T U R E May ~8, 1992 Honorable Lonnie Powell Mayor, City Sebastian P.O. Box 780127 Sebastian, Florida 329?8 Dear Mayor Powell: On behalf of the Visions For The Future steering committee, I would like to thank you for your consideration regarding our r~quest for funds. Please express our gratitude to the entire Council. We are looking forward to everyone's participation. We would like to request that a liaison of city government be appointed to attend future Visions meetings. It is crucial to ~he success of our cause that a representative of city government be included in the direction and progress of Visions. I hope that you will not hesitate to contact me if you have any questions or suggestions regarding this matter. Sincerely, Alan ~ampbell Visions Steering Committee V I S ION WORK SHOP FOCUS ON THE F U T U R E Owen Bagley Jose Blanco George Blythe Torn Buehaaan Alan Campbell Kevin Carpenter Randy Cecil Holly Dill Tom Dooley David Fisher Budd Gibbs Victor Hart, Sr. Mary Beth Herzog Debbie Howard Bill Hypes Peter W. Jones Virginia King Gerald Koziel Arthur Manning Jeff Meyer Dr. Gary Norris Terri O'Hare Beverly O'Neil Father Don Redden David Risinger Judy Roberts Talrnage G. Rogers, Jr. George Schuster .lane Schwiering Richard Speck Earl Spytek Rose Spytek Dr. Susan Taggart Henk Toussaint Robert N. Walsh Eric K. Wetzig Eric "Rip" Wieler Warren Winchester STEERING COMMITTEE MEETING NOTICE TO: FROM: SUBJECT: DATE: TIME: PLACE: Steering Committee Members Alan Campbell Meeting Notice Thursday, June 18, 1992 4:00 I~M MUELLER CENTER - ROOM 115 Indian River Community College 5880 Lundberg Road Veto Beach, Florida Please RSVP prior to the meeting date. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MPC) Aport. ionment : Agenda Nc:.. Pi ar: For Agenda off 06-: Exhibits: Resolution 92-30 Engineers Memo, Handout on MP0, Letter from of£ice of Governor April !0 letter from iRC May 6th and EXPENDITURE AMOUNT REQUIRED: BUDGETED: The United States Code ~ +' '': , oec~zon =o4 of Title ~o, .--.eauzr a Met. ropc:lit, an P!an:,.ir',g Orgenisati::n~ . _ ("M~O''~ . "., be designated in each urbanised area of mope than 50,000 popu!at, ion. Governor Lawton Chiles has informed Indian River County that the Vero Beach urbanized area qualifies for designation as an HPO. Tine governor, has requested that the local governments ,:~';-~- ~ .... h t, he Veto Beach MPO oevelop an apportionment p!a~l and submit the. pie:l to ~he Florida Department of ~' ...... ~ z.~h~poPt, atio~ by ~u!v Ist ~oe~ The apportionment, plan must i'''~_~.n~'ify~ the voting me,:~bershi ,. the ~. ~ ......... . - - ~ _ei~,~ht,=ozon by Loca~ Gover. nments wit, bin the epee Voting" ~'~ . ,nem. e.., must be elected officials fuom governments within the MPO area. The =9~,0 census detepmined that the county municiDa! '~,",.~-,~-,~ ,, ~ ~,-.o,- . , ~ _ _~'~.~=~,~o .... ~o.~ _.~, were as Total ,' ..... ~-',, Me l--C: Beech Sebastian IliGIell River F~.! O~:-h i d IF? The proposed appoi'l, ionment plan is as follows- There shall be seven voting members '4t, h re~:r'eseni, at. ion as .c~iows: 4 .... ' "~ ~=- ~ the ~ndian Rive. n ..... ~ ,,,tm_e~ O- ~ ~' ~l%~.y ~O~r'O O~ County ....... ~ ....... cne~'s~ ~ members o~ the Ver. e Beach City Counc~i~ i member of the Sebastian City Council. ~ ACTiONs Move t.e adopt Resolution RESOLUTION NO. R-92-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AGREEING IN PRINCIPLE TO EXECUTION OF A METROPOLITAN PLANNING ORGANIZATION (AN "MPO" ) INTERLOCAL AGREEMENT; PROVIDING FOR AN MPO APPORTIONMENT PLAN; APPOINTING A REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO SERVE ON THE MP0 AND INTERIM MPO; PROVIDING FOR REPEAL OF RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Census Bureau has, on the basis of 1990 Census data, designated the City of Veto Beach and its surrounding area as a Census Urbanized Area; and WHEREAS, Section 134 of Title 23 United States code requires that a Metropolitan Planning Organization ("MPO") be designated in each Urbanized Area of more than 50,000 population; and WHEREAS, the Governor has informed the Chairman of the Board of County Commissioners that the Veto Beach Urbanized Area qualified for designation as an MPO; and WHEREAS, the Governor has requested that the local governments within the Veto Beach MPO develop an apportionment plan and submit the plan to the Florida Department of Transportation (FDOT) by July 1, 1992; and WHEREAS, the apportionment plan must identify the voting membership of the MPO and the representation on the MPO by local governments within the MPO area; and WHEREAS, Florida Statutes Section 339.175 establishes MPO apportionment plan criteria, which include among other requirements that MP0 members be elected officials from general purpose local governments within the MPO area and that representation on the MPO by local governments be generally proportional to the local governments' population; and WHEREAS, the MPO area must include the existing urbanized area as well as the area expected to be urbanized within twenty years and, therefore, will include all five municipalities in the county as well as much of the unincorporated area east of 1-95; and WHEREAS, the 1990 Census determined that county and municipal population figures were as follows: Population Percent Total County 90,208 100 Unincorporated 58,186 64.5 Vero Beach 17,350 19.2 Sebastian 10,205 11.3 Indian River Shores 2,278 ~ 2.5 Fellsmere 2,179 2.4 Orchid 10 ~ .01 NOW, THEREFORE, Be it resolved by the City Council of the City of Sebastian, Indian River County, Florida, as follows: Section 1. The City Council agrees in principle to enter into an interlocal agreement with Indian River County and other municipalities in the County and the Florida Department of Transportation to formally create the Veto Beach MPO. Section 2. The City Council agrees to a Veto Beach MPO apportionment plan which shall be as follows: seven voting members with representation as follows: * four members of the Indian River County Board of County Commissioners * two members of the Vero Beach City Council * one member of the Sebastian City Council Section 3. The City Council appoints the following members of City Council to serve on the MPO governing board and to serve on the board of an interim MPO: Frank J. Oberbeck, as member Peter R. Holyk, as alternate Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilman Councilman vote, the vote was as follows: The motion was seconded by · and, upon being put to a Mayor Lonnie R. Powell Vice-Mayor Frank Oberbec~ Councilman Peter R. Holyk, Councilwoman Carolyn Coru~ Councilman George G. Reid The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1992. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 DATE- FROH- June 4th 19oz Mayor and C~t.y Council ~ Daniel C. Eckis, P.~~ ~ City Engineer/Public~rks Director THROUGH- Robert S. McClary ~,y Manager _RE: Hetmopolitan P-a,.n~ng organ;~a~;on Apportionment Plan As City Engineer and a member of the Technical Compliment Committee of the indian River County Transportation Planning Conunittee, it is Iny responsibility to pr. esent information on the formation of the Me~.~cL,~xit, an P~ann~ng OrEanization ("MPO") apportionment plan for formal consideration by City Council. FoP your review and consideration, i enclose the following information. The Mer, r, opol~,,an Organization and Urban Tra.usportation Piannin~ process", which is a handout describing the role and responsibilities of the HPO. A letter from the Office of the Governcr to the n~n~r'~b~e Carolyn K. Eggert., ChaiPper. son for the Board County Co~mnissionePs, dated April i0, 18~(} requiring ~he forlnat, ion of the MPO and a reapportionment plan te be prepared by July !~ 1882. ~:,~_~ from D ~,"'t. or from !nil.er; River, County 4~ ..... ~.~ ~ - Memorandum from Robe~'t Keatin~, Co~mnuP~ity Development ~'irector, r-equesting {.he cities t,o approve %he Herr'ope!iran. Plannin~ Oi'-Sallization aion~ wick t, hei~, C. PafL resolution ac~m~owiea~in~ the cooperation of the ~"~.~._~,,~'~,~ arid an~_ ,_~ztzes to ai'~ inte,.-local ..... with the HPO app:;>rt, icrzment plan end an appointmen'.:. representative t.c serve en t.l'~e: _~he MPC'. is similar in nature t,o our Transporsetion Plannin~ {]on~it,%ee which make~, decisions on future traffic ......... =,~ .......... et, ion neeos end plans. The MP0 is an or~:er~saeion {'onsisting ef elect, ed officials from the County and Municipalities R:=.~s on poIulat, ion. The Mr0 receives federal ~u~e~rim. to finano~ Traffzo St. uo=es fo~. bta~e w~ ~mw .... Ar't, eriais and Hazier Collect. ors within 6'he urbanized area. It, should be clearly noted that the federal fundinE is for plannin~ purposes only and not for capital improvements or repairs ef existinE road syst, ems. The Cit,¥ council should review the enclosed documentation for a full understanding of the MPO and the requirements of ..... ac~ishing an apportionment, plan ~} July 1, The proposed apportionment plan is based on population as established by the !990 census and establishes four membez, s of the Indian River County Board of County Commissioners, two members of the Veto Beach City Council and one member of the Sebass~ian ,r3ity Oouncil Members. Consideration was given allow a represent, ative for Fei!smere and Indian River Shores. However, during our last technical compliment oo~nmitt, ee n':e~+.~ne- with a _,_p~.~=.ent ..... v_ om FNOT we fe~+ ~, %na~t. the inclusion of twa additional members representing pert, enrages less t, han %heir vot, ingl shape would not be accept, able by the Governor and did not meet. %he guidelines established fop appor t i onment. mpc2 . doc ~/~etropolitan Planning Organizations and THE URBAN TRANSPORTATION PLANNING PROCESS METROPOLITAN PLANNING ORGANIZATIONS and THE URBAN TRANSPOR/LTION PLANN/~ PROCESS 'Creation and Composition MPO Transportation Plarazimg Funding Staffing and Technical Assistance Products of the MPO Federal Certification Deter~ation Project Implementation Transporta=ion Policy Glossary of Terms PA~1~ 1 1 2 3 3 4 4 6 MEIROPOLITAN PLANh~ING ORSkNIZATIONS and This handout, which supplements a vidmo tape presentation, is designed to help you understand your role and responsibility as a mmmber of a Metropolitan Planning Organizm:ion. Probably the first question you have is what is an MPO and why do we have them? The 1962 Fedaral Aid Highway Act m~ndated that all urbanized arm over 50,000 in population establish a continuing, cooperative end co~pr~ive (3C) planning process in order to be eligible to receive U.S. Departmemt of Transportation Pl~ and Construction funds ACtf-~mkiz,? .... ' ~ 1974 Federal Aid _%nn$.pro.cess by ndaring the creation of a =u~~ z~mr~mg ur~tzon G~PO) for all areas required to have a (3C) planning process. Th~ regula~ published in th~ Federal Rmgister on June 30, 1983 define the current process to be foilow~d in addition to ~ role and respo~mibility of an MP0. Florida Statute 339.175 adopted in 1~'84 (replacing F.$. 354.215), zanguage com~ M~O creation, co~po$ition, role and responsibility. Since your area is ~e~red to have an MPO, let's examine h~w MPO~ are esr.~lished in Florida. Several Florida Statutes are utilized for the MPO process. F.S. 339.175 defines criteria for compostrdon, process for selection of members, and th~ role and responsibility of the MPO. F.S. 163.01 provides the mechanism by which local g~~s can coma together to jointly perform activities they all have in co.,~n. Also F.S. 120, the Procedures ACt, provides the guidelines and rules under which the MP0 m~st conduct its business. Once an area has been designated by the U.S. Bureau of Census as being urbanized, the Governor, in cooperation with local govermmmts, has the ?p?sibili~ty_ for the designation of an MPO. Each MPO will have from 5 to o e.~ec.ted officials as members, with at least one third being county ccu,~xssxoners. The exact number will be determined on an equitable geographic end popu2ation basis by the Governor working with area local gov~ts. The Department of Transportation serves as a non-voting member of each MPO. Ail MPO members must be local elected officials. However, officials of local transportation authorities, though non-elected, may also be designated as MP0 w~hers. While the Governor designates a membership framework, each local goverm,w~tal entity is free to choose the individual elected official(s) to fill the positions. Once an MPO has been designated by the Governor, the county(s) and cities to be represented and the Department ~ust enter into an interlocal agreement pursuant to the requirements of F.S. 163.01. This action actually creates the MPO. Once this agreement has been signed by all local government entities f6rming the MPO, and executed by the Depar~t of Transportation, then the MPO may begin meeting, taPdng formal actions, and making decisions. Any changes in gove~,ii,~ntal agencies designated to be on the MPO will re~ve either an amendment to the interlocal agreement or the exaction of a new in~erlocal agreement before the changes can become official. To establish ~he ~ra~ork for their operation, each MPO is encouraged to erect specific by-l~ to govern their process. These m~st be adopted according to the recp~{r~m~nts of F.S. Chapter 120. Without adopted by-laws, fl~ction~ng of the MP0 is dictated by the requir~nts of F.S Chapter 120. Now that we have an MPO in place and functioning, who is going to pay for all of this mandated plarming? ~ i There are, four basic sources of funding to accceplish the required ~ransportation planning: FHNA Section 112 or FL funds, ~ Section 8 funds, state funds and local funds. State and local funds are normally used to provide the required match to the federal funding categories. FHNA Section 112 Funds, which re~re a 15% local match, ~ through the Depot to the MP0. To secure these funds each MPO ~ast have executed an ongoing Joint Participation Agre~nt (J?A) with the Department. Pa .yn~..t is on a reimbursable basis and uhe Deparmmmt normally contributes up tb one half of rim local match in the form of in-k/nd services upon request. These funds are used pzH~vity for highway pl-,-dng. ~ Section 8 funds, which require a 20% local match, are used primarily for ~ransit p~ming. Annually, the MP0 prepares a grant application for submittal to UMTA defining the plar~ to be The Department participates upon request, with up to or~ half the local match, either in cash or in-kind services. A separate JPA between the MPO and the Department is needed for each ~ Grant. This OMA spells out the limits of the Deparmmmt'$ involvement, and the specific role and responsibility of the MP0 and DepOt in r_he grant. State and local funds are normally used to provide the required match to obtain federal f~nding. These are normally in the form of in-kind services. In some instances, local funds above the reordered match may be needed for a locally desired planning effort not eligible for federal You are probably thinking, "I don't know that much about transportation pLmm~ing, so how cam I get the technical advice I need to help me make sound transportation decisions?" Tna purpose of r_he fedaral funding is to provide resources ~o r~he MPO ~o hire ~ectmical experts and or/~er needed staff. The staff chosen is normally from an ~Lsrdng agency suah as a_ciry or county planning agency or possibly a Ragior~ Planning Council. This staff provides day to day ~r~tion planning expertise to r/~ MPO. This staff also works closely wi~h Depot staff end other local transportation planners and er~_r~ers. In addition r_he MPO must creata a Technical ~ttee. This is made up of planners and engineers fr~n the various local gov~ts c~ising the F~O. This group m~ets on a regular basis to discuss ~echnical plarming and ~pl--~ntation issues and ~rovides advice, input and reoaau~-ndatiorm to The MPO. Srat2 agencies such ~s tb~ De~ iJ~nt of Trarmportation, En~orm~ta] P~gulation, and fha Governor's Energy Office provide direct ir~t and assisr2nce Tm staff and participate on each MPO's Technical To insure citizen ingut into rim transportation plamting process, each MPO mint have some form of public involvement process. This l~s normally accomplished through a citizens' cuaulttee or special ~ttees established to examine a par~icuiar issua or project. The public involvement process must be designed to both provide information to the public an to receive input on transportation matters. ~y now you are probably asking youzse~, exactly what does an MPO produce? Federal regulations spacifica!ly call for two products: a long range Transportation Plan That also includes policies and rransporrmtion manage,-mnt cormiderations and a Transportation Improv~=nt Program (TIP). State law requ/re.s that each MPO r~,~t also produce a Unified Planning Work Program. This Oocumsnt is prepared, end adopted ~.-~ally and dafines the specific planning activities 5o be undertaken, the budget (by federal, state and local funding sources) for each activity and rim agency responsible for the activity. Fedaral approval of the document is necessary prior to using federal planning funds. d~cis~% _M~.~.T_r__anspo~_.r_.r~_t'~um P_.lan. is ~developed to guic~ local transportation ~. ~n~s p~an ~s mase~ on local needs and policies considering regional, srmte and national policies and priorities and is constrained by enviro~,~n~al, financial, political, and policy factors specLfic to y.o~r area.. The process of developing the Transportation Plan is complex, using sophisticatad computer modeling techniquas and sound judgment. The plan is periodically reviewed and updated by the MPO. However, staff is continually m~nisoring r_he effects of growth and d~velopm~-nt as they relate to proposed improvements identified in r_he long 3 range Transpo~tat±on Planning. This monitoring assures you that the plan for your area is up-to-date and properly represents your needs. The Transportation Improvemnt Program (TIP) is a list of projects from the Transportation Plan rlmt are scheduled for ~plementation in the ne2cc 3 to 5 years. The TIP mast contain as a ~ all federally funded pr~ects within the urbar~ized area, but r_he Departmmnt encourages MPOs ~o show all projects, regardless of funding. 1. ~0 may also produce other plans for r/~ir areas including: A Transit Development Program (/DP) showing ~ short term transit capital and service ~,prowrn=nt program;: A Transportation D~advantaged Plan purm2m-~t to Florida Statute 427 and Rule 41 which locate~ and date~knes~ervice rmeds of An Energy Contingency Plan, which defines specific actions to be takan during a fuel disruption; and A State tmplementar_ion Plan for areas that do not mae~ National Quality Standards. '~ MPO Trarmpor~ation Planning Process must be evaluated and certified by FH~A and tlMTA annually. This certification is a '%eport card" doo~nonting how well rl~e MPO is doing. Two cerrd.fication categories exist: fully certified m~aning the MPO is doing a good job; and decertified, which means there are serious deficiencies in the Transportation Planning Process. A decertified deter=tnation will stop r/me flow of new U.S. Department of Transportation Funds into th~ area until t_he deficiencies are corrected, and the MPO again becomes fully certified. The certLfication determination is made ,~=amlly with the Trarmportation I~provenent Program You may be thinking, "all this pLmming is nice, but how does an MPO finally get a project implemented?" PROJECT IMH~E~fATION The MP0s are not ~9~ lementing bodies but are responsible for developing transportation plans, policies and priorities in their urbarffzed area. Project implemenr~:ion requires a cooperative partnership between the MPO and the ~plemmnting agencies (e.g. FDOT, Counties, Cities). For federally funded projects, the Department of Transportation is the ~pl~m=nring agency. The MPO mast work closely with the Department in the developmmt of project priorities. Around the first of November, the Department will ask the MPO for their local priorities for consideration in updating the Depar~mmnt's Five Year Work Program. In January or February, r_he Department will m~et wir/n each ~R~O to discuss new projects entering work program, and modifications ~o existing project schedules due to funding production difficulties or or/~r factors. In early March, Depar~nt will provide our input ~o r_he MPO's Transportation Improvenmnt Program. If r/~ MP0 is not pleased witch project selection or priority, r_he ~~n may appeal directly to the Secre~y of the Deparnzmt rkrough their District Office. The dialogue concerning specific priorities and project schedules is an ongoing process betw~ r_he ~0 and r3m Departnmnt. Since MPO ~s are also city councilnm~, county cc~missioners, etc, r/%e individual local work programs should reflect the projects and priorities of the MPO. Conflicts sh~uid be noted, and brought to r/~ attention of the individual implementers. The Department's role in the MP0 process was expanded by ~ enactment of F.S. 339.155 in 1984. This establishes r/%e following objectives for the Department; Th~ Development of a Flori~' Transportation Plan ~hich will serve as r/~ De~t's Agency Functional Plan to the Stata Comprehensive Plan. The formation of a M~rropolitan P]~n/ng Organization Advisory Committee (MPOAC) to n~ke reco,r~n~tions tm the Department concern/ng the Florida Transportation Plan and Department policies. An entmn~t of coordination and ~cation between the Depot and the MPOs for both specific projects and statewide policies. To ~mprove ccumunication at the project level, the MPO ~ust its priorities to the Departmemt for inclusion in the Depar~m=nt's Work Program. This line of cc~munication is with r_he District Office. The Department shall include, to the wmximum extent reasonable, the MPO plans, project priorities and Transportation Improvement Program in Depot's Work Program. The Deparn~nt will hold a public hearing in at least one urbanized area in each district on the work program. The Deparmr~nt u~/st also wmke a presentation rD each MPO to show proposed changes to projects already progr~d, and receive concurrence on new projects being introduced into the Work Program. In addition, the Department n~st also provide written justification for the rescheduling or daletion of a project that is in an MPO's TIP. If the MPO feels a project has not been included or properly addressed in The Department's Work Program, the MPO may request further consideration of the project by writing to their District Office. The Secretary of the Department will acknowledge and review all such requests, and include Them in the Department's deliberations prior to submitting the Work Program to the Legislature. AGENCY FUNCTIONAL PLAN - The plan developed by each state agency defining ~°als, "objectives, and policies to impl~mnt t/~ State Comprehensive BY LAWS - Rules developed by the MPO and adopted undar t_he provisions of CER/IFTCATION - The annual review of each MPO transportation plsnn/ng process by f~deral agencies ~o determine if all requ/remenrm are being met. CITIZENS CCMMIT1EE - A committee formed by the MPO to provide citizen input into the entire, or specific aspects of the trar~portation planning process. , S~.ON ~QUES - Computer models used by the MPO to project e travel de~n, d on the a~ea higtm~y system. DFAza~'L~'~ - A Federal Certification finding that there are significant 'defi6iencies in the area transportation plarmizg process rlnat zust be corrected. Therefore, no new federally ~unded transportationqmrojec:s cam be approved for the area until the deficiencies are corrected. ENERGY CGNfING~NCY PLAN - A plan developed and coordinated with county and ~unic~pal "plans and ~ Governor's Energy Office outlining a frsm~=wnmrk for act~ during an oil supply disruption. FEDERAL HIGH~AY AII~ArfSTRATION (FHWA) - The federal agency charged with --~mgement bf the 3Federal '_'._~~ Syst~n and the Federal PLi~y Program. There is an FHWA Division Oilice in Tallahassee and a Regional Office in Atlanta. FLORIDA TRANSPORTATION PLAN (FTP) - The Agency FunctiormU Plan developed by -the Depot as its ccupon~nt ~f the State C~mprehensive Plan. The FIP spells out goals, objectives and policies of the I~t for developing Florida's Transportation System. ~ AGR~Tf - Am agreemmnt pursuant to F.S. 163.01 allowing local goverrm~nts to joi~~ together to perform a function they all have in corem=ri. Such an agre~nt creates t_he MP0 for each area. JOINT PARTICIPATION AG~J~MH2qT (JPA) - An agreement executed by tw~ parties agreeing '~:~ participat~ on a particular project. Such agre~:s spell out th~ .~Lfic role and responsibilities of each agency and are needed to pass fun ' from one agency to another. METROPOLITAN PLANNING ~%ATION (MPO) - A federally m~ndated decision- making body for an urbanized are~-0ver 50,000 in population, to serve as the lead transportation plarming agency for tlm area. ~0 STAFF - The local staff designated by rt~ P~O to provide administrative and technical support to the MPO. FMI/IOPOLITAN PLAN~ ORGANI~ON ADVISORY COMMITTEE fMPOAC) - A ccumittee comprised of one ~%er ~rom each MPO to provide input to the Depot's Florida Transportation Plan pursuant to F.S. 339.155. Rule 41 - The rule ~pi~nr/ng F.S. 427, Transportation Disadvantaged. This rule calls for the MP0 to be the lead planning agency for rranspo.-~.ation disadvantaged and to designate a lo~1 provider. SECTION 112 FUNDS (FL FUNDS) - Plarm/ng funds provided on an ongoing basis for ~ required transportation p~. This m~ney passes Depot at an 85-15 federal/local ratio and is used by the MPO to pay for teahnical staff. ~ ~~ ~ FONDS - Transit planning funds provided by UMTA annually on a grant basis. These monies are in an 80-20 federal/local ratio and m~st be applied for ~,a~mlly by the MPO in a grant red,est. SPECIAL ADVISORY CfMPSTT~.S - Co,~t~ees established by the }{PO for an ongoing s~ci~iC purpose Only (i.e. bicycle plarm/ng) or for ~ specific period of time for a specific purpose (special revenue or project study). STATE ~SIVE PlAN - Defines goals and objectives and sets the policy iz.e :ion for s a e. STATE ]I~T~!ATION PLAN (SIP) - A plan dafining how areas designated as non-attairmmmt by U.S. Envirormm~ral Protection Agency (EPA) for m~v quality stan~rds will meet na:ional air quality standards. TECHNICAL ~ - A group of local pica=mrs, engineers and transportation specialists that meet, analyze plans, discuss local issues, and provide the MP0 with appropriate recc~m~mdmtions. 5MREE "C" PLANNING PROCESS (3C) - The federally r~ndated continuing, compr~ive and cooperative plarm/ng process. TRANSIT DA~ELO~ PRDGRAM (TDP) - A short range transit plan that examines service, ~mvkats and ~ding. to.make specific recommendations for transit tmprov~n~nts - normally a five year plan. TRANSPORTATION DISADV~ PLAN (TO) - A plan d~veloped by the MPO pursuant to F~S7~27 and Rule 41 identifying the location of transportation disadvantaged individuals and the type of services needed. TRANSPORTATION IMPROVSM~ff PROGRAM (TIP) - A federally mandated docummnt listing Federal ~ransportation Projects to be constructed in the urbanized - - --~ this and re ,~ yes area for the next 3 to 5 year period. State law expanu~ ~ ' a listing of all local transportation projects to be included. TRANSPORTATION PLAN - A long range transportation plan developed and idopted by r_he MP0 to serve as a guide for transportation decision making for the grea. MASS TRANSPORTATION ~STRATI~ (UFIFA) - A federal agency rinat admAnisters fedarai ~rarmit ptmrming and "implemenrmtion fund~. The I1MTA Ragional Office is in Atlanta. IRCfFIED PLANNING WORK ~ (UPWP) - A document developed by t_he MP0 that contaAns nh~ major plarmimg tasks to be undgrtaken chring each fiscal year, the source and amount of f~nding for each task and th~ responsible agency. The approval of r_hi~ dom~nt by ~ is necessary before Section 112 f~nd~ can be spent on any task. ~ URBANIZED AREA - An area of over 50,000 in ~on having a specific 'density as designated by r/m U.S. Bureau of Census. Subsequent to such a designation, an MPO must be created. 8 Honorable Carolyn K. Eggert, chairperson Board of County Commissioners Administration Building 1840 - 25 Street ~ Vero Beach, Florida 32960 Dear Carolyn: Section 339.175(3) (a), Florida Statutes, requires the Governor to review the composition of the Metropolitan Planning Organization (MPO) membership at least every five years and .reapportion them as necessary to comply with law. In addition, section 134 of Title 23 United States Code requires the designation of MPOs in urbanized areas, as defined by the United States Bureau of the Census. To implement this requirement, I am requesting that each existing and emerging MPO submit a membership reapportionment plan by July 1, 1~92. These reapportionment plans must be consistent with the requirements of section 339.175, Florida Statutes, the ProcedUre for Membership Reapportionment of MPOs dated May 26, 1959, and the Federal Intermodal Surface Transportation Efficiency Act of 1991. Enclosed are relevant excerpts fr'om these laws and this procedure to assist your efforts. Recently, the Florida Department of Transportation district offices began working directly with the MPOs to develop transportation planning boundary maps, which include the 1990 urbanized areas as designates by the United States Bureau of the Census. The transportation planning boundary maps are integral to the. development of a reapportionment plan since they establish a base area from which to determine MPO membership. Following review and approval of your membership reapportionnent plan, the MPO should execute all required agreements as specified by federal and State law. A detailed listing of the necessary agreements is enclosed. tlonerable Carolyn K. Eggert Page Two Finally, I would like to note that the Environmental Land Management Study (ELMS III) committee is reviewing the role and character of regional units of government, metropolitan planning organizations and their relationship to state and local governments. This review may result in statutory recommendations to the 1993 Florida Legislature that could affect MPO membership. Should any such recommendations be enacted, it may be necessary to revisit the membership apportionment of each MPO. Please submit your reapportionment plan to Michael Wright at the Department of Transportation, 605 Suwannee Street, Tallahassee, Florida 32399, Mail Station 28, for coordination of the review and approval process. If you have any questions, please contact Mr. wright at (904)488-8006 or Barry ~rooks in the Governor's office at (904)488-8686. with kind regards, I am LAWTON CHILES LC/wg/ddv Enclosures Telephone: (407) 567-8000 May 6, 1992 BOARD OF CO UNTY COMMISSIONERS 1840 25th Street, Veto Beach, Florida 32960 Suncom Telephone: 22.'"-1011 Mr. Dan Eckis CITY OF SEBASTIAN P.O Box 780127 Sebastian, FL 32978 Dear Dan: As Promised, I am sending you information on MPO's. information is attached. This The MPO issue has arisen because the 1990 Census figures showed that Vero Beach and its surrounding area qualify as an urbanized area. The criteria for designation as an urbanized area is having a central city and surrounding densely populated (at least 1,000 persons per square mile) area with a population of 50,000 or more. According to the 1990 Census numbers, the area encompassing Vero Beach, Indian River Shores, and parts of the unincorporated county meets that criteria. Once an urbanized area designation is made, state law provides for the governor to establish a metropolitan planning organization (MPO). The purpose of the MPO is to do transportation planning for the area. The MPO, however, must include mor~ than the existing urbanized area; it must also incorporate those areas anticipated to be within the urbanized area within 20 years. Since Sebastian is within the proposed 20 year urbanized area, the City will be within the MPO boundaries. Formally establishing the MPO will involve several actions. These will include execution of interlocal agreements by all local governments within the MPO boundaries; establishment of an apportionment (membership) plan; designation of various boundaries; and adoption of a unified planning work program. These activities must be conducted in coordination with FDOT. County staff has initiated work on these activities. At first, we coordinated only with Vero Beach and Indian River Shores, since those were the only other municipalities within the Census urbanized area. Because a tentative MPO boundary, including all municipalities within the County, has been established, we will now be coordinating these activities through the technical complement committee. Dan Eckis May 6, 1992 Page 2 I will be sending you more information regarding this issue in the next few weeks. If any questions arise prior to that, please contact me. Sincerely, Robert~ting, AICP . Community~evelopment Director /rj CC: Jim Davis Mike Dudeck Cliff Suthard Dale Bathon Dennis Ragsdale John Curtin Bruce Cooper Ernie Polvieri Mayor Joseph P. Brooks June &a pzomlaed et the ~ecent ?ethnical Complement Committee meeting, &leo attached, ~iale find a which I have d~aft~ for p~elente~iOn to the ~oezd of C~n~y /r~ N~or 3Ole~h Br~kl FRIll t 3ammo ffhnndl mr County AdminiutF&tor Robert M. Seating, AXCP~M~ Community ~volo~n~ Dt~tor consideration by the Board of County Commissioners mt their For tbo ~8t go,ertl m~th., e~n~y ota~f An~fl~unat/on with the ~on pro~ration of on ~ e~rtlo~nt plan. agr~t ,~ng the l~ll ~vor~nte within tbs M~ro~lltin lo,el go~e~ntg. An ap~rtio~.~ plan ii n design o~ tho governing ~. AB gush. the plan ~.t specify tho nMr o~ M~rl on the governing ~oa~ a~ indicate h~ represefl~ation on ~ ap~rtlo~nt plan. This stntuto provision Mndotes thnt an eleet~ off,trill of seniti1 ~,e locll ~ver~nto within the ~ area (with SO--Fei ~xceptlont for t~eno~ttat~on/trineit authoFit/oo ifld p~enn~g 8~fle~el}~ 8~ ~ generally pr~rtionll gi~n these r~Lr~ente, the Teohni~ol C~lmn~ ~it~ee considered several opaline for eft MPO lp~rtlon~nt plan. with an ob~eet~ve of keeping the govern/nS ~8~'s m~ers~$~ e~ltt~o~sldeF~i~r~lonMn~ plans of ?. 8~ a~~zs tar tbe ~govo~ning ~ard. In devoxopxng tbs plan, the C~lt~ eonllder~ the H~ a~o to znezuae 011 Inns within th~ county's 2010 ur~n so, Lee aria as well an the City Felln~ro. NPO Baled upon lie anslyeli and tho requirement thee MPc representation be proportions! to population, the ooeunlttoe agreed upon an apportionment plan where tho MPG governln~body would hive seven members, and thoae ill,II, ri would be. Il fo%iht Zndisn River Board of County C~lealonere - City of Veto lmeeh City Council - ]members City of Sebastian city Council Tho principal Eeeaonl for selecting thio elision&tire wore manageable elto and proportional repreoentation, The population percentage versus voting percentage for each ~urlediotion within tho HPO ares Lo Identified below~ 0ity of Yore Is&eh Il OLay o£ sob&atlas ~4 The recoeunonded apportionment plan not only loots the objective of keeping the governing board's membership man&gooble; It ales moots the proportionality requirement. #hiXo other alternatives were considered that would have given representation to Fellsmere and Indian Slyer Shorea~ those elternatlvat did not moot the proportional representation requirement. With the proposed alternative, the non-voting municipalities will b~ represented county commissioners, according ~o Florida T~enepor~ation repreeen~ativoo, ~o =~rdlaa~wl~h ~he Te~hn/eal Compimn~ ~l~oe ~n dove~oplng ~he re~o~e~ed el~ernetlve eee~e ~he retirements or 33g.17~, bo signed ~ tho lo=a~ govor~on~o within tho MPO eroa prior to fo~ol croo~lon of the MPO. Itnco F~ has not finalAsed u~ato~ lnterl~el ,groo~n~ fo~, ag~e~ents sonnet ~ executed et thee t~M. H~ovor, the ~e~ ~Y fo~eXXy /fldXoato An~efl~Xon ~o sigfl an MPO ln~e~XooaX aoEeemen~. Since all vo~ing m~r, on ~he MPO*o governing board must elected o~rlc~aAe vl~h~n the MPO area e~ because the ToGhn~c8~ C~p~on~ C~lttee agreed to preoent the ep~lo~ont plea directly to each lo~al government for connldoFet/on. Prior ~o eu~/t~al of the apportXo~en~ plan to Governor, each lo=al severest v/thin the MPO 8rel should, by ~eeolut/on, e~cept or re~e~t the propoted op~rtlo~en~ plan. ~ndicnte the Bo&Fd'o ngrlmitont v~th th~ pro~.ed~O The atoll Fuc~mmonds that the Board upprove the att.,hod reSOlution ~vgrnor, ~. pzo~sod Resolution May ~B, l~ Robb McClary - City Manager City of Sebastian Dear Robb; By way of this letter, I respectfully request ~hat I be placed on the June loth. council adgenda to address the council regarding the proposed community bandstand project. This will be our Final effort to obtain council's approval of this project, as our committee Feels that the promotion of the bandstand during the Fourth of July Festival is critical to the project's success. We need time to prepare For this event, and the Indian River National Bank booth has been offered to us For this promotion, but wa don't want to put them off till the last minute. I Feel that there are many residents and business owners in the city who ara Following very closely our efforts to improve Riverview Park, and it is in their best interests that I request Full consideration From your staFP and Prom our Mayor and city council. I hope you will Find the time to meet with me before the workshop meeting, at the proposed bandstand site~ so that you may better underst[nd our proposed improvements to that property. Please Feel Free to contact me at 388-2414, so that we may schedule~ that meeting, and I greatly appreciate your consideration. Yours?truly, ~on C. Harsh - Chmtrmm~ Community Bandstand Project