HomeMy WebLinkAbout08071991 City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
A_GS_HDA
WORKSHOP
~D~_~ AUGUST 7, 1991 = //~ F.M.
CIT~ COUNCIL C.~AMBERS
1225 NAIN STREET, SEBASTIAN~ FLORIDA
ALL PROPOSED ORDINANCES ~tND iNFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK;
CITY HALL; 1225 MAIN STREET; SEBASTIAN; FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. ~_~MODIFIC~TIONS (ADDITIONS AND~OR DELETIONS]
5. a NOONCZ..MENT
6. PUBLi_____~O INPUT ON AGENDA ITEMS
7. WORKSHOP ITEM__S
91. 194
Report on Indian River County's Initiative to
Recycle Solid Waste & Time Extension For Solid
Waste Haulers' Franchises - Ron Brooks, Indian
River County Solid Waste District (Staff
Recommendation dated 8/1/91, IRC Proposal on
Recycling)
91.168
Wentworth Street - Side Yard Drainage Culvert -
Review Fred George & Janet Babineau Request
(Staff Recommendation dated 8/1/91)
91.195
Review Request from Emergency Management
Committee for Cellular Phone for Emergency
Operations Center ("EOC") (City Manager
Recommendation dated 7/31/91, Gilcher Memo dated
7/30/91)
91. 191
91.070
91.125
91.196
91.197
91.045
91.198
91.129
91. 199
91.200
Golf Course Alarm System (Golf Course Manager
Memo dated 7/16/91, National Guard Proposal,
Sebastian Alarm Proposal, Page 5 of 7/24/91 Draft
Minutes)
Discuss Implementation of Stormwater Utility
District - Drainage - Direct Staff to Prepare RFP
to Prepare Master Drainage Plan (Oberbeck & Reid
Request) (Staff Memo dated 8/1/91, City Engineer
Memo dated 8/1/91 w/ Backup)
Board Appointments (Holyk Request) (Staff
Recommendation dated 8/1/91, Resolution No. R-90-
17, City Manager Recommendation dated 4/25/91,
List of Boards and Applicable Codes and Statutes,
Page of 5/1/91 Minutes, Draft Resolution)
Discuss Amendment to Resolution No. R-81-34A -
City Council Meeting Adjournment and Format
(Holyk Request) (Staff Recommendation dated
8/1/91, City Clerk Memo dated 7/30/91 w/
Exhibits)
Review Home Occupational License Code
(Oberbeck & Reid Request) (Staff Recommendation
dated 7/31/91, LDC Section 20A-6.1(C)(14)
Discuss Amendment to Resolution No. R-88-77 - IRC
CR 512 Corridor Analysis and Thoroughfare Plan
for Sebastian (Staff Recommendation dated 8/1/91,
R-88-77)
Review Established Criteria for Use of City
Public Parks - Sale of Goods (Reid) (Staff
Recommendation dated 7/31/91)
Grant Funding Assistance for Purchase of CAV-
Corp. Property (Staff Recommendation dated
8/1/91)
Review Proposed Language - Garage Sale Regulation
- Direct City Attorney to Draft Ordinance (Staff
Recommendation dated 8/1/91, Director of
Community Development Memo dated 7/19/91)
Consider Amendment to Section 8-33(B) City Code
Re: Cemetery Monument size (Staff Recommendation
dated 7/25/91, City Engineer Memo dated 7/25/91,
Sexton Memo dated 5/16/91, Cemetery Committee
Memo w/ Attachments)
2
8. ~ I~TTERS
91.201
Announce Appointment of Councilman Holyk to
Indian River County Transportation Planning
Committee (No Backup)
91.202
Be
Discuss Handicapped Self-Evaluation Committee
Concerns (Mayor's Memo dated 7/29/91)
91.203
Discuss Federal Railroad Administration Order Re:
Resumption of FEC Train Whistles Use Between 10
P.M. and 6 A.M. (FEC Letter dated 7/26/91)
91.204
Discuss Cable Television Franchise - Attorney
General Report (Datagram 7/23/91)
91.205
Discuss Proposed Scott 2000 Airport - Veto Beach
(FDOT Letter dated 7/25/91, Meeting Notice)
9. COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Powell
C. Councilman Reid
D. Councilman Holyk
10. CITY ATT0,,RNEY ~_~
11. CIT____YYMANAGER MAT____TERS
12.
INTRODUCTION O__F ~ BY_ TH__~E PUBLIO (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
91.206 A.
John J. Kanfoush, 1437 Seahouse Street -
Accumulation of Water Since End of May Due to
Construction
13. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THIS 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.)
City of Sebastian
POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [~ FAX (407) 589-5570
SUBJECT: REPORT ON INDIAN RIVER
COUNTY'S INITIATIVE TO RECYCLE
SOLID WASTE & TIME EXTENSION FOR
SOLID WASTE HAULERS FRANCHISES
Approved For Submittal By:
City Manager
)
) Dept. Origin Community
)
) Date Submitted
)
) For Agenda Of 8/07/91
)
) Exhibits:
) I.R.C.'s proposal on recycling
)
)
Development
8/01/91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
This agenda item will be twofold regarding solid waste:
1. Indian River County's proposal concerning recycling and the State's
requirement that all landfills must achieve a 30 percent reduction in
solid waste volumes by the end of 1994 and,
2. Renewal of the city's two franchises with solid waste haulers Treasure
Coast Refuse and Harris Sanitation.
Indian River County's Recycling Program
This updated report is to advise City Council on what steps the City and
the County has taken to ensure compliance with both adopted comprehensive
plans and Florida Statutes requiring disposal of solid waste. Since the
City does not have a landfill, the City must rely on the County to provide
sufficient land to meet the County and municipality needs for proper
disposal of solid waste.
Florida Statute 403.706(2) requires each county to initiate a recyclable
materials recycling program by July 1, 1989. In order to achieve this
requirement, the City of Sebastian entered into an interlocal agreement by
adopting Resolution R-89-25 which allowed the County to submit grant
applications to the Florida Department of Environmental Regulation on
behalf of the County and the City of Sebastian. One major success in
implementing this program and grant can be seen at the Roseland Transfer
Station where the County implemented a recycling center to separate paper,
glass, plastic, compostable debris, white goods, and metals.
Page 2
Even though the recycling dropoff centers have worked and were mandated by
the State, they were never intended to meet the 30 percent reduction in
solid waste volume in the landfill and the district has measured the
success of these centers in reducing approximately 19 to 20 percent of
solid waste.
In order to pursue the development of the long term recycling program to
achieve the 30 percent goal as mandated by the 1988 Solid Waste Management
Act, the Solid Waste District Director, Mr. Ron Brooks, proposed four (4)
conceptual options that the County could implement. The first two options
were basically to leave the system as status quo with the existing
recycling dropoff centers or to add additional igloo sites around the
County to provide better convenience to the citizens that wish to
participate in recycling. These two options were not endorsed by staff or
the County Commission since they would not achieve the 30 percent
reduction. The other two options given to the County Commission were
mandatory curbside recycling either by (one) private haulers or (two)
implemented by the Solid Waste Disposal District. The County Commission
agreed that it would be cost effective to have private haulers that are in
the business to implement this curbside recycling program instead of the
County taking on a new program themselves.
Mr. Ron Brooks, Director of the Solid Waste Disposal District, will be in
attendance at the workshop meeting to give a presentation concerning this
proposal and what expectations and costs are involved to the citizens of
Sebastian. I have included in your packet a portion of the report that
Mr. Ron Brooks presented to the County Commission which specifically
outlines the County's proposal to contract curbside recycling with private
haulers and the additional costs to citizens of the City of Sebastian.
Mr. Michael Hudkins, Finance Director, has reviewed this report and
proposal and has concluded that this would be the most cost effective
method to recycle but, the City should put the County on notice that
at anytime the City of Sebastian could pursue and implement their own
recycling program if, it could be found that it be more cost efficient to
the citizens of Sebastian.
Renewal of Franchise ~greements
Currently, the City of Sebastian has a franchise with both Treasure Coast
Refuse and Harris Sanitation to remove solid waste from the City of
Sebastian. Both of these franchises will expire September 19, 1991.
Staff recommends that the franchise agreements with both haulers be
renewed for an additional three (3) years with no amendments to the
franchise agreements. If the City Council wishes to review the existing
franchise agreements, please refer to the following:
1. Treasure Coast Refuse, Inc. on page 1940 of the Code of Ordinances.
2. Harris Sanitation, Inc. on page 1964 of the Code of Ordinances.
Page 7.
of the program in the hands of companies already established
in this type of business. In addition, the franchised haul-
ers can provide the service at less cost to the citizens and
at considerably less cost and effort by the District.
improvements and associated costs for the implementation of
this proposal for fiscal year 1991-92 are provided in Exhib-
it IV under the alternative ,,Contracted". The costs are
briefly as follows:
Personnel 581,884
operations 772,405
~5.o58
Contingency 1,$03,341
Sub Total
capital ~
TOTAL
2~234,215
The actual cost for the curbside recycling services on an annual
basis is approximately $400,000. The cost would cover service to
over 22,000 homes. The costs for the associated recycling con-
tainers would be covered utilizing grant funds (approximately
$200,000 is expected for fiscal year 1991-92).
For fiscal year 1991-92 the curbside program would not be expect-
ed to become operational until April 1, 1992 due to delays as a
result of 1) Franchise Modifications, 2) Contract Negotiations,
and 3) Equipment Purchase. As such the projected operational
cost for a curbside recycling program in fiscal year 1991-92 is
approximately $200,000.
Exhibit IV provides a comparison of the costs of this program to
the 3 other alternatives. Note that if we consider the expenses
for this program on an annual basis the projected annual asSesS-
ment would be $37.24/NQU. Considering that the expen~ses won't be
obligated until April 1, 1992 the annual assessment would be
$35.46/WQU since the recycling program would be operational for
only half a year.
The City of Veto Beach implemented a door-to-door recycling pro-
gram as of January 1, 1991. The District has records of the suc-
cess of this program for the months of January - April 1991.
This information from the City of Vero Beach and the contracted
transporter is provided in Exhibit VII. It should be noted that
the apparent participation rate in this program by the residen-
tial property owners has varied from 71-88%.
Analysis of the information reveals that an average of 6022 homes
recycled approximately 622,460 pounds of newspaper, glass, alumi-
num cans and plastic containers. This averages out to approxi-
mately 25.84 lbs. of recyclables per household per month when
taking into account the entire 6022 homes. Incorporating the
participation rates of 72% and 88%, the pounds recycled per
household per month would be 35.9 and 29.4 lbs. respectively.
If the District implemented a curbside program, approximately
20,235 homes could be provided service. If the District enjoyed
a similar participation rate of 72%, approximately 14,569 homes
ccle 25-35 lbs per month, or a total of 364,225
-,r mo.th ' Converted to tons the amount
509,91D ID~. ~ ' Of the materials;
-255 tons per month. Thi? would, coexist .............
182 ~-. -~.. ,~a . OlaS~lC, anu ~=w=~, ---
aluminum cans, m~u~,. ~..~.~-_, 3}_a.s_s~.~,., the orca,est difficulty
with which the Dis=riG= ~s ~aV~ ......... ~ -
in reaching the recycling goal.
It should be noted that this estimated 185-255 tons of material
per month far exceeds the District's current recycling rate of
88.6 tons/month for these materials.
Page 8.
With the implementation of door-to-door recycling we would expect
e decrease in the amounts of material recycled by others. A com-
parison of the amount of newspaper recycled in the months of
January-March 1991 to the months of July-December 1990, however,
revealed that the average amount of newspaper (the material most
likely impacted) recycled by ARC increased by 13 tone per month
while the amount recycled by Southeast decreased by only
ton/month. With the decrease of only I ton/month, however,
southeast enjoyed the benefit of an additional 47 tons per month
.of recycled newspaper generated by Veto Beach's program.
Implementation of a residential curbside recycling program is ex-
pected to bring the success of the District's recycling program
to within the 30% requirement. According to Harris Sanitation
Brevard County has a curbside program that is providing the recy-
cling of 11-12% of its glass, newspaper, aluminum and plastice~
the items for which Indian River County and others are reaching
only 4.2%.
The curbside service will provide an impeccable program which the
DER will not be able to criticize even if the county does not
reach the 30%. District staff, howevar~ believes that the 30%
recycling mandate will be met with ourbsida residential recycling
as the ultimate convenience for recycling will be provided to the
residential sector. By contracting this service the District
will' then be able to concentrate its efforts on recycling oil,
batteries, cardboard, glass and other items generated by the com-
mercial sector.
Without a curbside recycling program it is extremely doubtful
that the county will reach the mandated 30% goal. Further, the
county will be subject to criticism by the DER in that it may not
have made a good faith effort to reach the goal. Consequently
the county could be subjected to penalties as provided by law,
and loss of future funds from grants or from general revenue
funds.
Section 403.706(21), Florida Statutes outlines what can occur
a result of failing to accomplish the 30% recycling goal as fol-
lows:
(21) In addition to any other penalties provided
by law, a local government that does not comply with
the requirements of subsections (2) and (4) shall not
be eligible for grants from the Solid Waste Management
Trust Fund, and the department may notify the State
Treasurer to withhold payment of all or a portion of
funds payable to the local government by the department
from the General Revenue Fund or by the department from
any other state fund, to the extent not pledged to re-
tire bonded indebtedness, unless the local government
demonstrates that good faith efforts to meet the re-
quirements of subsections (2) and (4) have been made or
that the funds are being or will be used to finance the
correction of a pollution control problem that spans
Jurisdictional boundaries.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
8UBJECT~ Fred George &
Janet Babineau - Side Lot
Culvert/#entworth
Approved For Submittal By:
City Manager
Ag.nda No.
Dept. of Origins
Engineering
Date Submitted~ 08 0_~
For agenda Of~ 08/07/91
Exhibitst None
EXPENDITURE
REQUIRED=
AMOUNT
BUD~ETED:
aPPROPRIATION
REQUIREDt
SUMMARY STATEMENT
At the regular City Council Meeting of July 10, 1991, City
Council approved a request to share the cost of a 30" RCP for a
side lot culvert. The City would pay the difference between a
24" corrugated metal pipe as being the standard size side lot
pipe and a 30" RCP with a cost difference not to exceed.S2,000.
The owners have contacted contractors for price quotes and report
that the difference is greater than $2,000.
Review the
RECOMMENDED ACTION
request of the homeowners.
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
SUBJECT~ E.M.C. Celluar Phone
Approved For Submittal By=
City Manager ~/~;
Agenda No. ~/'/~
Dept. of Origin:
Emergency Management Comm. (EAG)
Date Submitted: 07/31/91
For Agenda Of~
Exhlbits~
- Gilcher Memo Dated 07/30/91
EXPENDITURE
REQUIRED=
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED=
SUMMARY STATEMENT
The Emergency Management Committee is recommending the
procurement of a cellular telephone which would be available by
the Emergency Team for a telephone line back-up communications
during storm-induced local phone outages.
Since the City does not currently have cellular phones in use, I
believe it appropriate to review the request before a purchase is
made.
RECQMMENDE,D ACTION
Review the request from Sebastian Emergency Management Committee
for the purchase of a cellular telephone.
MEMO
TO: Mr. Rob McClary
Sebastian City Manager
FROM: Ed Gilcher ~~
Sebastian Emergency Management Committee
DATE: July 30, 1991
SUBJECT: Cellular Phone for Emergency Back-up
In the June 7,1991 meeting of the Sebastian Emergency Management Committee,
Chief Petty recommended we procure a cellular telephone. The committee
members agreed and unanimously endorsed his proposal. This phone's primary
and priority usage would be by our Emergency Team for telephone line back-up
communications during storm-induced local phone outages. The intent being
that the radiophone could reach over the local landline area. A secondary
utilization, during other periods, would be in support of mobile/remote City
administration and police activities.
General requirements for this unit were established on capabilities readily
available commercially -- and were selected for the emergency back-up
application.
- Portable as an integrated package (grab and run)
- Maximum available power output (3 watts per FCC)
- Operate from AC power or auto 12 v power (use cigarette lighter outlet)
- Long duration battery standby time (6 - 8 hours)
- Rugged, with minimum cosmetic features
- Recognized manufacturer with local technical support and service
Three local suppliers were contacted for equipment information and operating
costs. These contacts were made informally, and without commitment to an
actual procurement.
Sebastian Alarm Systems
161Fellsmere Road
Sebastian, FL 32958 (589-4138)
Contact: Ron Harsh
Agent for:
Total Communications Inc.
951 Old Dixie Highway, Suite A4
Vero Beach, FL 32960
Communications International Inc.
500 First Street
Vero Beach, FL 32961 (569-5355)
Contact: Ms Judy Landgrave
Sebastian Cellular
1671N. US 1
Sebastian, FL 32958
Contact: Sabra
Agent for:
Cellular One Inc.
1800 Penn Street, Suite ll
Melbourne, FL 32901 (728-0099)
Contact: Mr. Rick Leffler
(388-2516)
These suppliers were most helpful in enabling us to select a suitable phone
unit and in extending themselves to provide favorable pricing based on the
City qualifying as a "Government" or "Corporate" agency.
A comparison matrix and recommendation follow:
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
Approved For Submittal By:
City Manager
Agenda No. ¢/./q /
Dept. Origin Golf Course
Date Submitted 7-31-91
For Agenda Of 8-7-91
Exhibits: G.C. Mgr. Memo 7- ~-91
National Guardian Proposal
Sebastian Alarm Proposal
Minutes of Council Meeting held
7-24-91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The proposals from two (2) alarm companies and the recommendation
from Staff was presented to the Council at the regular Council
meeting of July 24, 1991. The Council recommended not to extend
The National Guardian contract as recommended by Staff.
No action was taken by the Council on the Sebastian Alarm proposal.
Therefore the Staff has no clear cut direction on how to proceed
in this matter. The present contract with National Guardian ends
September 30, 1991.
RECOMMENDED ACTION
The Staff would like the Council to review the proposals and instruct
the Staff on how to proceed in the matter.
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
FROM:
RE:
July 9, 1991
Robb McClary,
Jim DeLarme,
Alarm System
City Manag~
Pro/Manage~
I would like to upgrade our present alarm system and put a
key pad, rather than our present single key system. This
key pad would identify all of the employees who arm and dis-
arm the system and at what time. Our present system is old
and in need of this upgrade. We are now under contract to
National Guardian. Their contract ends in October of this
year.
They have proposed to install this system at no cost to the
Golf Course. The City would be required to sign a five 5
year contract.
The charge for maintenance and monitoring would increase from
$55.00 per month to $80.00 per month. (an increase of $25.00
per month).
The additional cost over 5 years is $1,500.00 (25x60).
total over 5 years is $4,800.00 (80x60).
The
I requested a proposal from Sebastian Alarm. The cost of equip-
ment and installation is $2,175.00. The monitoring per month
is $53.00. This includes maintenance for the first two years Of
the 5 year comparison. The monthly fee over 5 years is $3,180.00.
There is a 2 year warranty for maintenance only. The 3 year
balance only covers monitoring.
I recommend that we accept the National Guardian proposal. There
would be no up front costs involved and maintenance would cover
the entire 5 year period.
Proposals attached.
C."
Larry Napier, Asst. Finance Director
Regular City Council Meeting
July 24, 1991
Page Five
91.190
91.191
13.
NEW BUSINESS
A. City Clerk Request for Waiver of Bid Procedure
for Purchase of NCR Novelle Network Software to
~pgrade System - $6500 (Staff Recommendation
dated 7/17/91, ~ Clerk Memos dated 6/27/91 and
6/17/91, NCR [Mourin~] Letters dated 6/14/91 and
5/28/91)
The City Clerk presented her request and the City
Manager stated there were capital improvement funds
available if approved.
MOTION by Oberbeck/Reid
I move we approve the request of the City Clerk
with regard to the network software.
The City Clerk responded to various City Council
members' concerns.
Mayor Cony.rs recognized Edra Young, Pauline Carosi,
Dan Katman and Dan Robinson.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
nay
aye
MOTION CARRIED 3-1 (Holyk - nay)
Be
Golf Course Alarm System Upgrade - $25.00 Monthly
~aintenance Increase - A~10rove Five Year Contract
with National GUardian_- $4,80Q ~sta~f
Recommendation dated 7/16/91, GC Manager Memo
dated 7/9/91, National Guardian Proposal,
Sebastian Alarm Proposal)
Ron Harsh, 550 Bay Harbor Terrace, Sebastian Alarm,
gave a revised proposal and recommended that Council
purchase two systems rather than lease one alarm
system for the Golf Course. Council discussion took
place relative to lease vs. purchase and the need for
a system which identifies people utilizing it.
9£nASTtAN ALARM
P.O. Box 78-20:~1
SEBASTIAN, FLORIDA 329?8
(407) SSg.lt~$
VKU'I bL; I iurl ~ ¥ ~ I
WORK ORDER/IHVOICE
1044
m~~/~-- .~/' I
I
9£DAgTIAN ALARM
P.o. Box 78.2o~t
SEBASTIAN, FLORIDA 3297~
(40?)
Pt(U'i'I::L:'I'iUPI ~ Y ~ i
WORK ORDER/IHVOiCE
1043
on~rn tA~N aY I~ "
I
· ~ e[ I~ u COMPtE/~B ..............
' tOtaL L~O~
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SUBJECT!
STORMWATER UTILITY
DISTRICT
Dept. Origin ENG/PW
D~to Submitted 8-1-91
For Agendm Of 8-7-9]
Exhibit~: MEMO CITY ENG.
DATED 8-1-91,
RATE CHART, PAMPHLET,
AND CONCEPT PAPER
EXPENDITURE
AMOUNT
BUDGETED~
APPROPRIATION
REQUIRED~
SUMMARY STATEMENT
As DIRECTED BY CITY COUNCIL ON dUNE 24, 1991, I HAVE
INVESTIGATED ESTABLISHING A STORMWATER UTILITY DISTRICT
TO PROVIDE REVENUE TO CURE THE CITY'S DRAINAGE PROBLEMS,
THE RESULTS OF MY INVESTIGATION ARE IN THE ATTACHED MEMO
AND BACKUP INFORMATION TO COUNCIL.
RECOMMENDED ACTION
DIRECT STAFF TO PREPARE RFP.FOR CONSULTANT TO PREPARE
A MASTER DRAINAGE PLAN WITH ACTION FOR IMPLEMENTATION
TO MEET THE COMPREHENSIVE PLAN REQUIREMENTS AS SPELLED
OUT IN MY MEMORANDU~ TO CITY COUNCIL.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE:
AUGUST 1, 1991
TO:
FROM;
MAYOR AND CITY ~L
DANIEL C, ECKIS ~k~.-/
CITY ENGINEER/PUBLIC WORKS DIRECTOR
THROUGH: ROBERT S, MCCLARY
CITY MANAGER
RE: STORMWATER UTILITY DISTRICT
ON JUNE 24, 1991, THE CITY COUNCIL MOVED AND APPROVED
THAT THE CITY ENGINEER PREPARE A REPORT TO INVESTIGATE
ESTABLISHING A STORMWATER UTILITY DISTRICT TO PROVIDE REVENUE
TO CURE THE CITY'S DRAINAGE PROBLEMS.
ACCORDING TO THE CITY OF SEBASTIAN'S COMPREHENSIVE LAND
USE PLAN CHAPTER 4:PUBLIC FACILITIES ELEMENT AND OBdECTIVE 4-
2.1D: PREPARE AND ENGINEER STORMWATER MANAGEMENT PLAN AND
INSURE PLAN IMPLEMENTATION WHICH STATES DURING FISCAL YEAR
1992-95, THE CITY SHALL COMMENCE AN ENGINEERED STORMWATER
MANAGEMENT PLAN WHICH SHALL IDENTIFY EXISTING AND PROOECTED
SHORT TERM 1995 AND LONG TERM 20]0 STORMWATER MANAGEMENT
NEEDS.
FURTHER POLICY ~-2.1D.1: STORMWATER MANAGEMENT PLAN,
STATES THAT BY FISCAL YEAR 1992 THRU 93, THE CITY SHALL
COMMENCE AN ENGINEERED STORMWATER MANAGEMENT PLAN WHICH SHALL
BE COMPLETED BY FISCAL YEAR 1993-94, THE STUDY SHALL REVIEW
ANALYZE AND UPDATE THE DRAINAGE PLANS PREPARED BY GENERAL
DEVELOPMENT CORPORATION FOR LANDS DEVELOPED BY THEM AND ANY
OTHER AVAILABLE DRAINAGE PLANS FOR AREAS OUTSIDE THE
SEBASTIAN HIGHLANDS. THE ANALYSIS SHALL ADDRESS MAdOR
DRAINAGE IMPROVEMENT NEEDS AS LISTED IN THE SUB-PARAGRAPHS
UNDER THIS POLICY.
FURTHER IN THE COMPREHENSIVE LAND USE PLAN, GOAL 4-3:
PROVIDE ADEQUATE DRAINAGE, WHICH STATES PROVIDE ADEQUATE
STORMWATER DRAINAGE IN ORDER TO PROTECT AGAINST FLOODING
CONDITIONS, PREVENT THE DEGRADATION OF QUALITY OF RECEIVING
WATERS AND POLICY ~-~.1.3: PURSUE DEVELOPMENT OF ADEQUATE
OFF SITE SURFACE WATER MANAGEMENT FACILITIES STATES THE CiTY
SHALL MONITOR AT REGULAR INTERVALS THE PERFORMANCE OF
EXISTING OFF SITE DRAINAGE FACILITIES, EVALUATE EXISTING AND
POTENTIAL FUTURE PROBLEMS FOR ISSUES TO BURSUE T~ FUNDING OF
NECESSARY STRUCTURAL AND NON-STRUCTURAL SYSTEM IMPROVEMENTS
FOR EFFECTIVE SURFACE WATER MANAGEMENT.
ALL NEW DEVELOPMENTS SHALL PROVIDE AN EQUITABLE
CONTRIBUTION FOR OFF SITE DRAINAGE IMPROVEMENTS NECESSITATED
BY THE DEVELOPMENT. NO NEW DEVELOPMENT SHALL BE ALLOWED
WHICH OVERLOADS EXISTING OFF SITE FACILITIES OR UNDULY
INCREASES POTENTIAL FOR FLOODING.
TO MEET THE REQUIREMENTS OF THE COMPREHENSIVE LAND USE
PLAN, COUNTIES AND CITIES THROUGHOUT THE STATE HAVE
ESTABLISHED A STORMWATER UTILITY WHICH IS RESPONSIBLE FOR THE
OPERATION, CONSTRUCTION AND MAINTENANCE O¢ STORMWATER DEVICES
FOR STORMWATER SYSTEMS AND FOR WATER QUALITY MANAGEMENT, IN
WHICH A FEE IS DETERMINED BY THE AVERAGE IMPERVIOUS AREA OF A
REPRESENTATIVE SAMPLE OF SINGLE FAMILY HOMES. THIS AVERAGE
AREA WILL CONSTITUTE AN EQUIVALENT RESIDENTIAL UNIT (ERU).
THE FEE FOR OTHER PROPERTIES IS CALCULATED BY DIVIDING THEIR
IMPERVIOUS AREA BY THE AREA OF ONE ERU WHICH GIVES THE TOTAL
NUMBER OF ERU's TO BE BILLED, THE RESIDENCE OR CUSTOMERS GET
BILLED THROUGH A PROPERTY APPRAISAL SYSTEM WHICH MAINTAINS A
DATA BASE WITH PARCEL INFORMATION KEYED TO BILLING A
STORMWATER FEE. GENERALLY THE STORMWATER UTILITY FEE WILL BE
ASSESSED ON A MONTHLY BASIS THOUGH IT WILL BE COLLECTED ON
ANNUAL TAX ROLLS IN THE SAME WAY PROPERTY AND SCHOOL BOARD
TAXES ARE COLLECTED, THE AMOUNTS GENERALLY BILLED VARIES FROM
AREA TO AREA AND I HAVE INCLUDED A CHART INOICATING A FEW OF
THE MUNICIPALITIES WITHIN THE CENTRAL FLORIDA AREA AND THEIR
MONTHLY BILLING CHARGE, BREVARD COUNTY HAS ADOPTED AN
EQUIVALENT RESIDENTIAL UNIT CHARGE OF $5.00 PER MONTH ON AN
ANNUAL FEE OF $56,
AN ENGINEERING CONSULTING FIRM WILL BE NECESSARY TO
PREPARE A STORMWATER MANAGEMENT PROGRAM WHICH WILL SATISFY
THE COMPREHENSIVE PLAN. THEY SHOULD BE RESPONSIBLE TO PREPARE
A MASTER DRAINAGE PLAN AND TO HELP IN ESTABLISH A PUBLICS
AWARENESS PROGRAM TO EXPLAIN WHY THE UTILITY IS NEEDED. IT
IS OBVIOUS THAT THE CITY OF SEBASTIAN HAS MAJOR DRAINAGE
PROBLEMS. HOWEVER, THE UTILITY DISTRICT WOULD BE ESTABLISHED
TO NOT ONLY ADDRESS AND SOLVE THE DRAINAGE PROBLEMS BUT TO
ESTABLISH WATER QUALITY STANDARDS THAT ARE ACCEPTABLE BY THE
STATE.
IN MY MEETING WITH THE STORMWATER UTILITY ENGINEER FOR
BREVARD COUNTY, I WAS ABLE TO OBTAIN INFORMATION WHICH MIGHT
BE HELPFUL IN UNDERSTANDING JUST WHAT THE STORMWATER UTILITY
IS AND HOW IT WILL WORK, INCLUDED IS THE FOLLOWING:
1) A PUBLIC AWARENESS PAMPHLET ENTITLED STORMWATER
MANAGEMENT IN BREVARD COUNTY
2) CONCEPT PAPER PREPARED BY DYER, RIDDLE, MILLS &
PRECOURT, OF STORMWATER MANAGEMENT PROGRAM FOR
BREVARD COUNTY, FL STORMWATER UTILITY
~ HAVE SECURED OTHER INFORMATION FROM THE COUNTY
INCLUDING STORMWATER ORDINANCES FOR BREVARD COUNTY AND
OTHER MUNICIPALITIES, A MANUAL OF STORMWATER MANAGEMENT
PRACTICES AS PREPARED BY JOHN RIPOSA OF THE FLORIDA ~NSTITUTE
OF TECHNOLOGY, AND OTHER INFORMATION WHICH IS AVAILABLE IN MY
OFFICE FOR YOUR REVIEW.
IN CLOSING, THE STORMWATER UTILITY IS SIMILAR TO A
WATER AND WASTEWATER UTILITY DISTRICT AND WILL REQUIRE A
CONSULTANT TO ACCOMPLISH SEVERAL TASKS.
PREPARE A MASTER DRAINAGE A) IMPROVE DRAINAGE
B) PROVIDE WATER QUALITY
2) MONITORING PROGRAM
3) PUBLIC AWARENESS PROGRAM
FUNDING
5) IMPLEMENTATION PROCEDURES
OFFICE OF NATURAL RESOURCES MANAGEMENT
2575 N. COURTENAY PKWY.
MERRi'I-r ISLAND, FL 32953
FOR MORE TIq'FO'RMATIOI~I
AUG. 24 - SEPT. 7 MON. - FRL
~ 'CALE AREA CODE 407
;. ~36--3192 / 636-3253 / 636-3340
BULK
PERMIT #140
ROCKLEDGE, FL
32955
o~O
ell,<--
I
e/oTO
DYE.R_, RIDDLE,.. MILLS & PRECOURT,. INC.
ENGINEERS · ~"U R V EYO a S ° SC IE {~ TIS'I'$ · P [ A N N"E R S
May 1,7, 1990.,,
Mr. Tom Jenkins
County Administrator
Brevard County
2235 N. Courtney Parkway
Merritt Island, Florida 32953
Subject: Stormwater Utility Concept Paper
Dear Mr. Jenkins
DRMP is pleased to transmit to you for your review a Concept
Paper which summarizes most of the key issues raised in
developing a Stormwater Utility for Brevard County. As you are
aware, your staff invested a significant number of high quality
hours in guiding the development of the strategies embodied in
this paper.
Recent experience with flooding problems resulting from major
storms in the County have reminded all of us how vulnerable we
are to the forces of nature. Efficient but effective stormwater
management has never been more crucial to the long term future of
the County. As you are well aware, how to achieve the delivery of
efficient and effective stormwater services is a fundamentally
important question posed to our firm and, through you, key
members of your staff by the Board of County Commissioners.
We have long felt that the structural device called a "Stormwater
Utility" has many compelling advantages to offer to City and
County governments. Such a structural device accomplishes two
basic things: it focuses management resources directly on solving
stormwater related problems and it assigns the cost of resolving
those problems to those who cause them.
It is our firm opinion that the adoption of the Utility strategy
outlined as Al~rnat~v~ 2; M~TU bY MSTU Approach will allow for
the systematic staging of a Utility approach throughout those
areas of the County which can most immediately benefit from such
a structure. Other areas can follow in future years as it is
deemed in the best interest of the citizenry to do so.
Please redly to: PO, Box 538505
1505 EAST COLONIAL DRIVE · P.O. BOX 538505 · ORLANDO, FLORIDA 32853--8505 · (407) 896-0594 · FAX (407) 896-4836
PRINCIPALS: DONALDSON K. BARTON · WILLIAM B. DY£R * GERALD C. HARTMAN · RUSSELL L. MILLS · A.L PRECOURT · ROBERT A. RIDDLE · REGINALD L. TISDALE
ORLANDO . JACKSONVILLE · MELBOURNE · TAMPA
May 17, 1990
Mr. Tom Jenkins
Page Two
On a personal note, I would like to compliment your staff for the
professional way in which they have wrestled with the many
difficult issues implicit in the development of the concepts
embodied in this paper. We look forward to working with them in
the implementation stages which lie ahead.
Very truly yours,
Dyer, ~d~, Mills & Precourt,
/ /
President
Inc.
RLM/dsm
Enclosure
BREVARD COUNTY
STORMWATER UTILITY
CONCEPT PAPER
MAY 21, 1990
Russell L. Mills, P.E. , Principal in Charge
Carla Palmer, P.E., Project Director
T. Duncan Rose Iii, M.P.A., Task Manager
SECTION I. FUNDAMENTALS
~rhat is a Sto~mwate£ Utility?
A stormwater utility is to stormwater what a sewer utility is to sewage and a water utility is
to drinking water. It is a stand-alone service unit within a government which generates
revenues through fees for service. It is generally responsible for the operation,
construction, and mai,~tenance of stormwater devices; for stormwater system planning,
review of development plans for compliance with stormwater management codes, and for
lake and river quality management.
As a stand-alone governmental unit, the stormwater utility has its own staff. It generates its
revenues through user fees. The fee is based on the amount of stormwater a particular
parcel passes to the stormwater system. The more the runoff, or in some cases the dirtier
the runoff, time more the fee.
Why a Stormwater Utility?
There are two main reasons to have a stormwater utility.
1. Equity: Stormwater management services and capital assets are currently funded
through general revenue sources in Brevard County. In fiscal year 1989-90, some
$2.2:5 million was budgeted in various funds to address stormwater related problems.
The bulk of these revenues are property taxes paid by property owners based on the
value of their property.
Yet how much stormwater a parcel generates has little, if any, relationship to the
value of that parcel. How much one pays for stormwater services should better be
related to the amount of services consumed. Since, like water or electricity, the
amount of services consumed can be reasonably accurately estimated, it follows that
billing by consumption rather than value of property should be carefully considered.
2. Management Focus: Recent events have reminded us how vulnerable to storms
Brevard County really is. Likewise, we are becoming more and more sensitized to
time long term impacts on our own lives of pollution constantly entering our rivers,
lakes and wetlands. Finally as a coastal community watching the effects of Hugo,
we are all reminded of the risk we run of someday having to cope with an equivalent
storm i,m Brevard County.
As growth and development occurs, Brevard County becomes more and more
exposed to the negative effects of inadequately managed stormwater. A Stormwater
Utility forces the assembly of stormwater programs currently scattered throughout
the cotmty administrative structure and throughout the budget into one coherent
u,ait. AS an operating department, that unit has the focus, the resources and the
accountability to effectively plan and execute stormwater management programs.
W~hat Doe~ a Stormwater Utility Sell?
Just what are these 'stormwater services" that the utility would sell? Stormwater can be
viewed as having two components: quantity and quality.
Quantity related services include planning, designing, constructing and inspecting
stormwater management devices and facilities. These include retention ponds, detention
ponds, canals, ditches, pipelines and other conveyance systems. All of these devices
require constant maintenance, repair and replacement. Significant study and analysis is
required to integrate the system so as to coax the maximum performance from the fewest
dollars.
Quality related services include planning, designing, constructing and inspecting such
devices and facilities as sediment traps, filtration devices, and treatment systems.
Stormwater treatment systems include manmade wetlands, alum injection, street sweeping
and retention and detention basins.
These services can also benefit the receiving waters (lakes, streams and lagoons) by
providing such enhancement techniques as shoreline revegetation, chemical treatment,
physical manipulation of water levels and biological controls.
Both the quantity and quality components require careful review of development proposals
and inspection of private facilities in the field to assure compliance with appropriate
regulation and performance consistent with design requirements.
How Does the Utility Wotl~
Simply stated, each parcel owner is billed based on the amount of stormwater passing off
the property. However, the fee may also contain components for quality enhancement,
administrative costs and other programs which are not related to the volume of runoff.
The volume sensitive component charge would be standardized on a unit called an
Equivalent Drainage Unit (EDU). An EDU is a measure which serves as an index to
compare runoff generated by different sized properties with different amounts of impervious
surface (surfaces such as roof tops and parking lots through which water does not quickly
penetrate).
ggrhile there are many ways of defining an EDU, it is generally defined as the runoff
generated by an average single family home within the Utility's service area. Often it is
simplified to be the number of square feet of impervious surface of that average single
family residence. Other approaches define it as a weighted average of multi-family and
2
family residence. Other approaches define ii as a weighted average of multi-family and
single family units; some define it as simply 1000 square feet of impervious area. Finally,
others more closely follow an engineering approach thai allows consideration of both
impervious and pervious area in the calculation of runoff.
Since the County has Such a predominance of undeveloped land, we recommend the
County pursue this latter approach, where the stormwater generated from both the pervious
and impervious areas of a parcel is directly factored into the 'EDU' defiqition.
Regardless of the manner in which it is achieved, the result is the same: a standardized unit
is created by which runoff from a given parcel of land is measured. All parcels in the
service area are multiples of this EDU standard unit.
As an example, if the average household in the Brevard service area had 2500 square feet
of impervious area, and this were defined as one EDU, a commercial property with 10,000
square feet of impervious area would rate four EDU's; one with 70,000 square feet, 28
EDU's.
Since the fee is set as a "per EDU' charge, one simply multiplies the EDU's by the fee per
EDU to calculate the charge to the parcel.
W'llo G~ts Cha;~ecl?
All property in the county which benefits from stormwater management should be billed.
A strong argument could be made that every parcel receives some benefit since all county
roads are designed to handle runoff so as to keep the roads open during storms. Keeping
certain roads open as evacuation routes is particularly critical in view of Brevard's coastal
location.
COSTS ASSOCIATED
3
In this sense every parcel should contribute to the capital, operation and maintenance costs
associated with the drainage system on County roads; further, that portion of the charge
may most equitably be based on traffic or trip generation figures associated with the use on
the property.
Other aspects of stormwater services may be determined to accrue to all customers, such as
quality programs or to only to a certain type or class of users. Quality programs relating to
treating industrial drainage or agricultural drainage related problems may be charged only
to that class of users which creates the problem.
in short, the principle that emerges for charging a fee to a particular parcel is to charge the
cost of the service used to the causer of the cost for that service. The IEDU would form the
basis for most charges, but not necessarily all charges on the bill for any given parcel. Trip
generation or other data' might be used in certain components of the bill to render a more
appropriate assig~ment of costs.
lqow Do C'~stomers ~et Billed~
Over the years, Brevard County residents have paid for a very sophisticated property
appraisal system with clearly defined property related duties. The County Clerk's office
records d~--c-ds, plats, titles, etc. and the Appraiser's office maintains a data base with name,
address, and many pieces of parcel information key to billing a stormwater fee.
4
Simultaneously, the tax collection process is a carefully defined and regulated process which
is fully operational and effective. Recen't modifications to state statutes have made it
simpler for local jurisdictions to collect non ad valorem armessments (serviee~ fee~)
utilizing the existing tax collection system. Such accommodation avoids the duplicate costs
of a stand-alone data base and collection system. Since stormwater is a parcel-related
natural phenomenon (rain falls on ground surfaces), it se~ms prudent to utilize the system
to the fullest extent possible.
Since the tax bill is rendered annually, the stormwater charge would be billed annually.
Note that even though the charge is listed on the 'Property Tax' bill, it is not a tax; it is a
service fee. Taxes bear no necessary relationship between the amount of service one
receives and the amount one pays in taxes. Conversely, service fees must show a
reasonable relationship between charges paid and services rendered by the County.
Should the County prefer, the Property Appraisal data can be used as the billing base, but
bills could be rendered and collected monthly or quarterly by the utility. Administrative
costs would probably be somewhat higher in this approach.
~Chat Data Do We Need?
Ideally, to bill a parcel we need the following information for each parcel:
1. Parcel Identification data (PIN, Address, Name, etc)
2. Gross area of parcel in square feet
3. Impervious Area on the parcel
4. Land use (and Standard Industrial Class, if appropriate)
5. Stormwater Basin
6. Site Mitigation (retention, detention, etc.)
7. 'Drain to' characteristics (drain to ocean, river, etc.)
8. Area of lakes, ponds, wetlands, rivers, etc. on parcel
9. Major soil characteristics
Each of the above characteristics of any given parcel assists in determining the quantity and
quality of runoff generated from each parcel.
Many stormwater utilities have been successfully built throughout tile state with less than
all of the above information. However, where such data are not collected and analyzed,
equity to that parcel is compromised in favor of simplicity.
W-here Will the Data be Found?
Gathering and analyzing data is expensive. There are over 264,000 parcels in the County
with some 99,000 outside the various municipalities. Using what data exists even if it is not
perfect is usually far cheaper than generating new data. Data items one through four above
are key to the utility. These can be gleaned or created from the Property Appraisal
computer data files.
The stormwater basin in which a parcel lies will have to be manually determined and coded
for each parcel in the County.
Locating which parcels have built on-site stormwater management devices to meet design
codes will require extensive review of the County's building logs and records subsequent to
the adoption in 1979 of the various stormwater design requirments.
Assessing which parcels pass all or a significant portion of their runoff to non-County sites
(ocean, St..lohns River, other municipalities, etc.) will require extensive review of the
topographic and drainage system features of the County.
Measuring lakes, ponds, and wetlands situated on each parcel will require manual review of
aerial photo~ and other surface feature maps and digitization of such features into the
County's Geographic Information System (GIS).
$
Finally, ascertaining whether there are pockets of soils with significantly different runoff
characteristics in the County and relating such to individual parcels will require digitization
of certain soil types into OiS data files.
An alternative approach to all the above manual data gathering is to build a data file with
those items which are most readily available (primarily from the Property Appraiser's files),
notify parcel owners of the results, and let the appeal process introduce data from any
parcel owner which could be used to refine the amount of the fee charged.
What Would a Rate Structure Look Like?
A rate structure relevant to Brevard County might be summarized as follows:
ARF_~ COSTS INVOLVED RATI~ BASE
County Wide Fee
(Including Cities)
Administrative Costs # parcels
Study Costs-
County - wide portion
O&M of Drainage
Systems for Evacuation
Routes
Capital Projects of
County- wide benefit
# parcels
# trips by use
# EDU's
District Fee
(Outside Cities)
O&M for Basin specific
Facilities and Programs
(Quantity and Quality)
# EDU's
Capital Costs for basin
Specific facilities and
programs (Quantity
and Quality)
Study costs - Basin
portion
Toxic Industrial
Surcharge
Agricult ural..Surcharge
# EDU's
# EDU's
# EDU's
# Acres
What Rate Classes MiE_ht be Involved?
To render a utility bill to each parcel on an equitable basis, parcels must be grouped into
rate classes based on certain data characteristics.
6
Rate classes are created where data requirements call for the specific handling of data in a
certain way to assure billing equity. We feel that a prototypical rate structure for Brevard
County should initially include the following classes of customers for billing purposes:
2.
3.
4.
5.
6.
7.
8.
Undeveloped, non-agricultural
Agricultural
Single family > 1 acre
Single family < I acre
Multifamily
Condo- Residential
Condo- Non-Residential
Others not elsewhere classified
(includes Commercial, Industrial, Not for profits, and governmental)
Noxious Industrial
Mixed Use
These classes cover the full spectrum of parcels; such breadth assumes that initially all
proi~rty within tile utility's geographic area would be billed. Our experience indicates that
as a rate algorithm is developed for each class, new classes may have to be created or
several classes merged into one due to unforeseen difficulties found within the data files.
~that Axe the Constraints for Implementation?
How one implements such a structure is largely governed by four factors.
1. Time: Significant, time is involved in gathering and analyzing the data outlined
above and in developing the computer algorithms and processes necessary to
calculate an accurate bill for each parcel. The Data Center must have a billing value
for each parcel identification number no later than the first week of October to utilize
tl~e Property AppraisalfTax Collection system. An ordinance implementing the
structure should be adopted no later than mid ,luly and the resolution implementing
the fee structure no later than September lSth.
2. Funding: The data requirements to accurately bill each parcel are large. It may
take a loan to the project to support the development of a billing system. Such loan
would need to be repaid by the stream of revenues generated by the Utility.
3. Legal Constraints: Several statutes govern the use of the tax collection system for
non-ad valorem assessrnents. A significant body of case law exists which
distinguishes a tax from a service fee. Considerable Constitutional, statutory and
case law exists concerning 'double taxation', and how to create Municipal Services
Benefit Units (MSBU). All of these findings have bearing on how we proceed and
what tests we must meet to assure a legally defensible position at each step of the
process.
4. Public Acceptance:No governmental approach which hands property owners a bill
is intrinsically popular with those individuals. Careful public information work must
be accomplished in the form of flyers and newsletters, public meetings, the
'luncheon speech' circuit and radio and TV public affairs programs to generate
acceptance and/or support for the stormwater utility fee.
These constraints and others combine to limit how the County can reasonably expect to
implement the Utility.
SECTION II, sTRATEGICAL ALTERNATIVES
Strategies for implementing a stormwater utility in Brevard County can best be represented
as failing along a continuum with a county-wide strategy at one end and a Municipal
Services Taxing Unit (MSTU) District by MSTU District approach lying at the other.
These two approaches are outlined below.
~dternative 1: County-wide- then Basin
County-wide Base fee:
a. Administration fee
1) Core Utility Staff
2) Study costs
3) Billing costs
b. Operations and Maintenance (O&M) charge for road drainage (by
trip generation) and certain county-wide stormwater quality programs.
c. Capital fee for capital projects which benefit all citizens.
Basin- wide contribution fee:
Basin related Capital C'harges
Basin related O&M
Basin related quality programs
Implement the county-wide portion of the structure by October of 1990.
Implement a contribution fee on a basin by basin basis by the following
October so as to bill basin related costs, especially for capital improvement
costs in those basins where the 'Master' Stormwater Capital Improvements
Plan is complete or where the capital project list is adopted for
implementation.
Alternative 2: MSTU by MSTU
The strategy involved in Alternative 2 takes advantage of the existing MSTU
structure. In effect, this approach divides the existing six 'Road and Bridge'
MSTU's into two different groups. One group, perhaps best termed the
Stormwater Utility MSTU group, funds stormwater services delivered in its
geographical area as a true utility using an EDU based service fee. The
second group, the Non-Stormwater Utility MSTU Group, funds stormwater
services through general revenue sources.
To accomplish this differentiation, the stormwater related expenses which are
to be funded by the Utility, and are currently included in the County budget
would be pulled out of its current fund status and allocated to the MSTU's
based on an estimation of services consumed.
Note that these group designations are strictly conceptual. Should time
permit, new MSTU's (or preferably, Municipal Services Benefit Units-
MSBU's) could be created solely for stormwater purposes. Implementation
is achieved through the two funding sources of service fee~ and general
revenues.
9
Over time, the utility approach group would expand on all MSTU by MSTU
basis to eventually include all MSTU's; the Non-Stornqwater Utility MSTU's
are converted to Stormwater Utility MSTU's as time and funding permit.
Within the general logic defined above, two funding approaches allow for two
"sub-alternatives':
Alternative 2A - "Capital Only' Approach: The Stormwater
Utility MSTU's could be limited to recovering only capital project
costs. Stormwater Utility MSTU fees would be set to capture capital
project costs (and MSTU utility study costs) based on contribution
fees; O&M would be funded through general revenues in the General
fund.
Alternative 2B - 'Full Utility' Approach: In this approach, the
County would adopt a stormwater fee for each "Utility' MSTU. The
fee would be set to recover the costs for providing capital
improvement, O&M and Repair and Replacement (R&R) services to
the MSTU. Simultaneously, the County would set a tax millage rate
for the Non-Utility MSTU which would include capital, O&M and
R&R for the stormwater services delivered in that geographic area. It
would be important that the Stormwater MSTU not include costs
(capital, O&M, or R&R) for services rendered to any part of the Non-
Utility MSTU and conversely.
Implement MSTU by MSTU to develop and implement master plans and
attendant project lists for the appropriate MSTU.
Year one for each Stormwater Utility MSTU might include only the study
costs and some selected capital project costs so as to allow repayment to the
funding source which allowed for the initial development of the billing base
for each MSTU.
Year two might see a 'Full Utility' approach implemented within the Utility
MSTU's which were previously 'Capital Only' MSTU's and the conversion
of Non-Utility MSTU's to 'Capital Only' MSTU's.
In this way, the County would stage into a County-wide Utility System over
time and could then move to fully implement the structure outlined in
Alternative 1 once County-wide implementation is achieved.
10
L.i.I
0 .~
0,-
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City of Sebastian
POST OFFICE BOX 780127 [~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 s FAX (407) 589-5570
SUBJECT: Board.Reappointments
Approval For Submittal By:
City Manager
Agenda No. .... ~ ~\~
Orig~n: city Clerk~%'
'ql'l 5
Date Submitted: 8/1/91
For Agenda Of: 8/7/91
Exhibits: see below
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
STATEMENT
At the April 24, 1991 City Council meeting, discussion was held
regarding possible limitation of board terms as well as limitation of
Chairperson and Vice-Chairperson terms. At the May 1, 1991 workshop,
staff was instructed to prepare amendments to Resolution No. R-90-17,
which would include a required organizational meeting for boards and
limitation of years a member could serve as Chairman or Vice-
Chairman.
At the July 10, 1991 City Council meeting, Councilman Holyk restated
his concern for repeated reappointments to city boards and stated
that this item would be discussed at the August workshop.
Attached please find 1) Resolution No. R-90-17 which regulates city
boards residency requirements, application, resignation,
reappointment, removal, etc. not otherwise governed by City Code or
State Statute; 2) City Manager Recommendation dated 4/25/91; 3) a
draft list of boards and applicable City Codes and State Statutes
which govern them in regard to terms and reorganization; 4) page 7 of
4/24/91 minutes; and 5) a draft resolution relative only to
reorganizational meetings for the purpose of electing
Chairpersons and Vice-Chairpersons.
RECOMMENDED ACTION
Review all backup materials and direct staff accordingly.
RESOLUTION NO. R-90-17
'A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS;
ESTABLISHING UNIFORM PROCEDURE FOR APPOINTMENT;
PROVIDING FOR LENGTH OF TERM; ESTABLISHING A RESIDENCY
REQUIREMENT; PROVIDING FOR ALTERNATE MEMBERS;
ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDING FOR
UNIFORM APPLICATION; REQUIRING AN ACTIVE WARRANT CHECK
BY THE POLICE DEPARTMENT; PROVIDING FOR RESIGNATION AND
RE-APPOINTMENT; ESTABLISHING A PROCEDURE TO FILL AN
UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR
SOLICITATION OF APPLICANTS BY THE CITY CLERK;
ESTABLISHING APPLICANT iNTERVIEW PROCEDURES; REQUIRING
THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND
FINANCIAL DISCLOSURE INFORMATION; PROVIDING GROUNDS FOR
REMOVAL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Home Rule Charter of the City of Sebastian and
the Code of Ordinances enacted pursuant to its authority allow
the creation of appointive boards to assist and advise the City
Council in the performance of its duties; and
WHEREAS, the City Council desires to establish a uniform
procedure for appointment to such advisory boards;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. TERM. The members of all appointive boards,
commissions, and committees shall be appointed to a three (3)
year term unless otherwise provided by ordinance or Florida
Statute. Terms shall be staggered so that no more than three (3)
members shall be appointed in any given calendar year.
SECTION 2. RESIDENCY. The majority of the members of each
appointive board, commission, or committee shall be residents of
the City of Sebastian unless applicable Florida statute or City
ordinance require that all members of such board, commission, or
committee reside within the corporate limits of the City. The
remaining members of all appointive boards, commissions, and
committees shall reside in Indian River County.
SECTION 3. ALTERNATE MEMBERS. Ail appointive boards,
commissions, and committees, except the Code Enforcement Board,
shall have at least one (1) alternate member with a maximum of
two (2) alternate members.
SECTION 4. DUTIES OF THE CITY CLERK.
a. The City Clerk shall keep and maintain a list of the
names, addresses, and telephone numbers of all members of
appointive boards, commissions, and committees; their date of
appointment, re-appointment, and term expiration.
b. The City Clerk shall timely inform the City Council and
City Manager of any changes made to the composition of any
appointive board, commission, or committee.
c. The City Clerk shall provide each new appointee with a
cody of the publication entitled Florida Commission on Ethics
Guide for Political Officers and Employees, the City Board
Handbook and related financial disclosure forms.
SECTION 5. APPLICATION.
a. The City Council shall approve a uniform application
which shall be completed by each individual seeking'appointment
to a board, commission, or committee.
b. Each applicant shall file a complete application with
the City Clerk which is signed and dated by the applicant. Each
applicant shall attest to the truthfulness of the information on
the application.
SECTION 6. INVESTIGATION.
a. Each applicant shall, at the time of submitting his
application, authorize an active warrant check by the Chief of
Police.
b. The City Clerk shall forward a copy of the application
to the Chief of Police. The original application shall be filed
by the City Clerk in the public records of her office.
c. The Chief of Police shall determine if the applicant is
presently the subject of an active warrant. Upon completion of
this inquiry, the Chief of Police shall forward a copy of all
documentation to the City Clerk. The Clerk shall then promptly
forward a copy of this documentation to the chairman of the
respective board, commission, or committee to which the applicant
is seeking appointment.
SECTION 7. RESiGNATiON. Any member of an appointive board,
commission, or committee who does not intend to seek re-
appointment shall notify the chairman of such board, commission,
or committee at least two (2) months in advance of the expiration
date of the term.
SECTION 8. RE-APPOINTMENT.
a. Each member of an appointive board, commission, or
committee who seeks re-appointment shall notify, in writing, the
respective chairman of the board, commission, or committee of the
intention to seek re-appointment at least two (2) months in
advance of the term expiration date.
b. The chairman shall present the re-appointment of a
member to the other members who shall vote to make a
recommendation to the City Council.
e. In the event that the City Council fails to re-appoint a
member for any reason prior to the expiration of the member's
term, the member shall continue to serve until re-appointment is
ratified or a new appointment is confirmed.
SECTION 9. UNEXPIRED TERM. In the event that a vacancy
occurs prior to the expiration of the term, the chairman of the
respective board, commission, or committee shall place the
filling of such term on the agenda of the next regular meeting or
call a special meeting, for the sole purpose of considering the
filling of such vacancy. The board, commission, or committee may
recommend the filling of the unexpired term by appointment of an
alternate member. The City Council shall review the
recommendations of the board, commission, or committee prior to
exercising its discretion in filling the unexpired term.
SECTION 10. SOLICITATION FOR APPLICANTS.
a. The City Clerk shall, by press release in a newspaper of
general circulation, notice open positions at the request of
board secretaries.
SECTION 11. INTERVIEW. The respective board, commission,
committee or City Council may interview an applicant at a public
meeting. Each member of a board, commission, committee, or City
Council shall vote for their choice for the appointment at a
public meeting designated for such purpose.
SECTION 12. REMOVAL.
a. Prior to suspending or removing a member of an
appointive board, commission, or committee, the City Council
shall specify sufficient facts to advise the affected member as
4
to the basis for his suspension or removal, provide reasonable
notice, and an opportunity to be heard prior to any action being
taken.
b. The City Council may suspend'or remove from o2fice any
board member for malfeasance, misfeasance, neglect of duty,
habitual drunkenness, incompetence, or permanent inability to
perform his official duties.
c. The City Council may suspend or remove from office any
municipal board member for the falsification or omission of
information requested on the application form; the failure to attend
three (3) consecutive regular meetings of the respective board,
commission, or committee without being excused by the chairman;
being ad3udtcated as incapacitated or incompetent by a court of
law; establishing permanent residency in contravention to the
conditions for appointment; or failing to file a financial
disclosure as required by Chapter 112, Florida Statutes.
d. The City Council may suspend from office any municipal
board member who is arrested for a felony or for a misdemeanor
related to the duties of the office or who is indicted or
informed against for the commission of any federal felony or
misdemeanor or state felony or misdemeanor.
e. The City Council may remove from office any municipal
board member who is convicted of a Federal felony or misdemeanor
or state felony or misdemeanor. For purposes of this subsection,
any person who pleads guilty or nolo contendere or who is found
guilty shall be deemed to have been convicted, notwithstanding a
suspension of sentence or a withholding of ad3udication.
5
f. The City Council may, in its discretion, reinstate any
municipal board member at any time prior to his removal.
g. The suspension of a municipal board member by the City
Council creates a temporary vacancy in such office during the
suspension. Any temporary vacancy in office created by the
suspension of a municipal board member, under the provisions of
this section, shall be filled by a temporary appointment to such
office for the period of the suspension, not to exceed beyond the
term of the suspended municipal board member. Such temporary
appointment shall be made in the same manner and by the same
authority as provided by this Resolution for the filling of a
permanent vacancy in such office.
h. No municipal board member who has been suspended from
office under this section may perform any official act, duty, or
function during his suspension; receive any pay or allowance
during his suspension; or be entitled to any of the emoluments or
privileges of his office during his suspension.
i. If a municipal board member is acquitted or found not
guilty or is otherwise cleared of the charges which were the
basis of the arrest, indictment, or information by reason of
which he was suspended under the provisions of this section, the
City Council shall forthwith revoke the suspension and restore
such municipal board member to office.
SECTION 13. CONFLICT. Resolution R-80-28 and all other
resolutions .or parts of resolutions in conflict herewith are
hereby repealed.
SECTION 14. SEVERABILITY. In the event a court of
6
competent 3urisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
SECTION 15. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The fore~ging Resolution was moved for adoption by
Councilman ~f~ . The motion was seconded by
Councilman ' ~d~~~ and, upon being put to a vote,
the vote was as fo'll~s: .....
Mayor W.E. Conyers
Councilman Robert McCollum
Councilman Frank Oberbeck
Councilman Lonnie Powell
Councilman Lloyd Rondeau
The Mayor thereupon decla~'~d this Resolution duly passed and
adopted this ~ day of (~)/~'L.[ , 1990.
ATTEST:
Kathr~ M. O~Halloran, CMC/~E
City Clerk
CITY OF SEBASTIAN, FLORIDA
~. ~. Co~~ay°r
( SEAL )
Appro~~t.~orm and Content:
Charles Ian Nash, City Attorney
7
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
) . ·
...... ~ ) Dept. of Orig=n: Cit~L~erk (KOH)
· )
__ -------- ) Fo n~a Of
City Manager /j~/ ~ ) - Resolution R- 90-17
EXPENDITURE
REQUIRED:
AMOUNT
BUIKIETED:
REQUIRED:
At its Regular Meeting of April 24, 1991, the City Council
discussed the term of office for advisory board members as well
as placing a limitation on the number of years a particular
individual could serve as Chairman or Vice-Chairman. Advisory
boards are generally governed by Resolution No. R-90-17. Should
the city Council wish to limit the terms a member could serve as
an officer, it could do so by modifying Resolution No. R-90-17.
It would be helpful for the Mayor and each member of City Council
to bring his copy of the "Board Handbook".
p~COMMENDED ~
Move to direct staff to prepare amendments to Resolution No. R-
90-17. The amendment would include a required annual
reorganizational meeting of the board and a limitation of years a
member could serve as Chairman or Vice-Chairman of a board.
D R A F T
The City of Sebastian has SEVEN (7) active City Boards,
Committees and Commissions. A description of the duties,
purpose, and meeting schedules of each board are provided in the
"Handbook". Some of the Boards have statutor~ powers, while
others serve in an advisory capacity to the City Council.
However, each member is selected by the City Council on the
recommendation of the particular board where the vacancy exists,
qualifications and willingness to serve our community and local
government on a voluntary basis.
ARTICLE XI. ADMINISTRATIVE PROCEDURE
LAND DEVELOPMENT CODE
SEC. 20A-11.2. BOARD OF ADJUSTMENT
C.3.a Officers. The board shall elect a Chairman and a Vice
Chairman from among its members etc. etc.
C.3.b
Terms of Officers of the Board
Terms of all such officers shall be for one year,
with eligibility for re-election.
CODE ENFORCEMENT BOARD
CHAPTER 162 F.S. "COUNTY OR MUNICIPAL CODE ENFORCEMENT"
162.05(1)
addresses number of members on the Board
(2)
addresses residency and profession qualification
(3)(a)~
addresses terms of appointments
(b) throug~h (f) and (4) through (5)
addresses vacancies, ordinances of local
governing body, suspension and/or removal of
board members, election of Chairman, quorum,
per diem.
The Florida Statute does not address annual reorganization
meetings.
SEC.2-95
(b)
ARTICLE V, CODE ENFORCEMENT BOARD
CODE OF ORDINANCES - CITY OF SEBASTIAN
Organization.
Officers of the board shall be elected by a majority
vote of the membership at the first ~ after their
initial appointment and annually thereafter.
ARTICLE VII, CONTRACTORS
CODE OF ORDINANCES - CITY OF SEBASTIAN
SEC. 7-92 Construction Board - Generally
DOES NOT SPECIFY AN ANNUAL REORGANIZATION MEETING.
CEMETERY COMMITTEE, HANDICAPPED SELF-EVALUATION
COMMITTEE, PARKS AND RECREATION COMMITTEE, PLANNING
AND ZONING COMMISSION AND RIVERFRONT STUDY COMMITTEE
CEMETERY
Article I. in General
Code of Ordinances - City of Sebastian
The Cemetery Committee was included in R-78-3, January 9, 1978
The Code of Ordinances does not address this
Committee.
HANDICAPPED SELF-EVALUATION COMMITTEE
The Handicapped Self-Evaluation Committee was included in R-86-32
June 9, 1986, as a standing committee of the City.
The Code of Ordinance does not address this Committee.
2
PARKS AND RECREATION COMMITTEE
Another standing Committee.
No reference in Ordinances.
No defined rules and procedures.
PLANNING AND ZONING COMMISSION
CHAPTER 163 INTERGOVERNMENTAL PROGRAMS
163.3174 LOCAL PLANNING AGENCY
City Council Names
P & Z By Ordinance to Act as "Local Planning Agency"
(5)
All meetings of the local planning agency shall be
public meetings and agency records shall be public
records.
The Florida Statute does not address annual reorganization
meetings.
LAND DEVELOPMENT CODE
SEC. 20A-11.3 CITY PLANNING & ZONING COMMISSION
NO REFERENCE TO ANNUAL REORGANIZATION MEETING.
RiVERFRONT RIVER COMMITTEE
Last meeting 4/25/91 until a joint meeting with the City
Council is held.
3
April 24, 1991
~age Seven
10. CONSENT AGENDA
91.117
11.
A_~proval of Minutes - 4~/10/91 Regular Meeting
MOTION by Powell/Holyk
I move we approve the consent agenda.
ROLL CALL: Councilman Holyk aye
Vioe Mayor Oberbeck aye
Councilman Powell aye
Councilman Reid
aye
Mayor Conyers aye
MOTION CARRIED 5-0.
COMMITTEE REPORTS/RECOMMENDATIONS
A. Board of Adjustment
1. ~ea~pointment of James Husk ~ Three Year Term
To ~ 5/1/94 (Staff Recommendation da~ed
~17/-7~-- Husk Mem~ d-~d 3/19/91) ~
MOTION by Oberbeck/Powell
i move to reappoint James Husk to the Board of
Adjustment for the additional three year term to
5/94.
91.118
ROLL CALL: Vice Mayor Oberbeck
Councilman Powell
Councilman ReAd
Mayor Conyers
Councilman Holyk
MOTION CARRIED 5-0.
aye
aye
aye
aye
aye
2. ~ of Alan M. Shisgal as Alternate
Member - Thr~ Ye~ ~er~ to ~ 5/"1/94
~Staf~ ~ecommendatio~ dat~-~ ~~~
APplica~ion~ PD Mem° dated 3/18~
MOTION by Oberbeck/Holyk
! move to appoint Alan M. Shisgal as alternate
member to the Board of Adjustment for a three year
term expiring 5/94.
Vice Mayor Oberbeck recommended that some board terms
be rotated or a limit be placed on them. Council, by
consensus, placed discussion of this matter on the
May 1, 1991 agenda.
7
RESOLUTION NO. R-91-
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN
RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-
90-17, ADOPTED APRIL 11, 1990, PERTAINING TO ADVISORY
BOARDS BY CREATING A NEW SECTION 13 ENTITLED
REORGANIZATION MEETINGS AND RENUMBERING SECTIONS 13,
14 AND 15 TO SECTIONS 14, 15 AND 16 RESPECTIVELY,
PROViDiNG FOR REPEAL OF RESOLUTIONS OR PARTS OR
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERA~iLITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Home Rule Charter of the City of Sebastian and
the Code of Ordinances enacted pursuant to its authority allow the
creation of appointive boards to assist and advise the City
Council in the performance of its duties; and
WHEREAS, the City Council desires to establish a uniform
procedure for the election of Chairperson and Vice Chairperson
to each Board, Commission and Committee;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
1. A new SECTION 13 be entitled REORGANIZATION MEETING~and
shall read as follows:
Unless as otherwise Governed by Florida Statutes and/or City
of Sebastian Code of Ordinances each board, commission and
committee shall hold a reorganization meeting during the
first regular meetinG in April for the purpose of electinG a
chairperson or vice chairperson of each board, commission and
committee.
'2. That SECTION 13, CONFLICT; SECTION 14, SEVERABILITY and
SECTION 15, EFFECTIVE DATE be renumbered SECTION 14, CONFLICT;
SECTION 15 SEVERABILITY and SECTION 16, EFFECTIVE DATE.
3. CONFLICT. That all other resolutions or parts of
resolutions in conflict herewith are hereby repealed.
4. SEVERABILITY. In the event a court of competent
3urisdiction shall hold or determine that any part of this
Resolution ~s invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without said invalid to remain in full force.
5. EFFECTIVE DATE. This Resolution shall take effect
immediately upon final passage.
2
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: Meeting Adjournment
Approval For Submittal By:
City Manager
) Agenda No. ~/.
Dept. Origin: City Clerk,~¥[~
(for Councilman Holyk) ~'
Date Submitted: 8/1/91
For Agenda Of: 8/7/91
Exhibits: city Clerk Memo
dated 7/30/91
w/attachments
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMFa%RY STATEMENT
Councilman Holyk, at the July 24, 1991 City Council meeting,
requested, for the August workshop agenda, a review of the resolution
regulating the 10:30 p.m. adjournment time for City Council meetings.
The City Clerk's office conducted a brief review of all resolutions
regulating meeting procedures and the results are attached
for your information.
RECOMMENDED ACTION
Review backup and direct staff accordingly.
1%
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
RE:
July 30, 1991
Councilman Peter Holyk
Kathryn M. O'Hallora~ ~'~
City Clerk
Request for Copy of Resolution Regulating Meeting
Adjournment
In response to your request for a copy of the resolution
regulating City Council meeting adjournment and in preparation
for this issue being placed on the August 7, 1991 workshop
agenda by you, my office conducted a brief review of all
resolutions back to 1980 relative to City Council meeting
procedures, schedules and agendas for the benefit of all City
Council members.
I have attached the following for your review: 1) Exhibit A -
Resolution No. R-81-34A - setting meeting times; 2) Exhibit B -
a list of all resolutions dating back to 1980 relative to the
above referenced; and 3) Exhibit C - a list of those resolutions
which are currently in effect relative to the above referenced.
We hope this information is beneficial to you.
sam
C¢:
City Council Members
City Manager
Reading Board
CO~U~VE ~SOLUTIO~
A RESOLUTION SETTING MEETING TIMES
FOR REGULAR AND SPECIAL MEETINGS OF
THE COUNCIL.
~{E~S. the Council de4ires Co provide for the
efficient conduct of its business aC
1. All resular and special meec~nss of the
Co~c~l shall be called ~o order ac
or as ~y be from =~ ~o ~ dece~ined, ~d shall
ad~o~ no la=er =hen 10:30 o'clock, p.m., ~less prior
co such c~e ~he Co~c~l vo=es ~an~ously =o ex=~nd =he
=~e fo= ad~ou~en= ~o a time certain.
2. ~y ~f~nished bus,ness re~in~s ac the ~ime of
adJou~enc shall be carried over ~o ~he nex~ regularly
scheduled mee=in~ of ~he Co~ci[, ~less prior ~o adJou~-
men= =he Cocci1 de=e~ines =hat said [=e~ would be placed
on a special co~c~l meeting agent.
Th~s Resolution was duly passed
Co~Cil of the C~Cy of Sebastian, Florida, this ~ day
Pat Flood, Jr., Mayor
ATTEST:
City C1Wrk
(S~AL)
RESOLUTIONS REGULATING AGENDA FORMAT~ SCHEDULESm PROCEDURES~ ETC.
(Resolution Nos. Highlighted are in Effect Currently)
RESOLUTION DATE SUPERCEDES PURPOSE
R-80-14 4/14/80
- City Clerk to prepare agenda of
all meetings
- Council agenda items format
- Public Hearings on ords or res
scheduled prior to workshop or
2nd regular meetings whenever
possible
- Public must request item in
person at workshop or in
writing with documentation ~
days prior to meeting
- Emergency items may be
considered by unanimous
decision of Council present
R-81-34 10/19/81
R-81-34A 2/8/82 R-81-34
Regular & Special Meetings
called 7 p.m. - adjourned
10:30 p.m. unless prior to
10:30 p.m. ~ of
those present vote to
extend to time certain
- unfinished business carried to
next regularly scheduled
meeting unless prior to
adjournment placed on special
meeting agenda
Regular & Special Meetings -
called 7 p.m. - ad3ourned 10:30
p.m. unless prior to 10:30
Council unanimously extends by
vote to a time certain
unfinished business carried to
next regularly scheduled
meeting unless prior to
adjournment placed on special
meeting agenda
R-82-21 8/18/82
- Sets meeting dates, times
and place - Workshop - 1st
Wed. 7 p.m. City Hall -
Regular Meetings - 2nd and
3rd Wed. 7 p.m.
1
R-84-18
R-84-18A
R-84-18B
R-85-16
6/6/84
6/20/84
4/2/86
3/20/85
R-80-14
R-84-18
R-84-18A
- City Clerk to prepare agenda of
all meetings
- Council agenda items format
- Public Hearings on ords or res
scheduled prior to workshop or
2nd regular meetings whenever
possible
- Public must request item in
person at workshop or in
writing with documentation ~
days prior to meeting
- Emergency items may be
considered by unanimous
decision of Council present
- City Clerk to prepare agenda of
all meetings
- Council agenda items format
- Public Hearings on ords or res
scheduled prior to 1st or 2nd
regular meetings whenever
possible
- Public must request item in
person at workshop or in
writing with documentation by
noon on Friday prior to Council
meeting
- Emergency items may be
considered by unanimous
decision of Council present
- City Clerk to prepare agenda of
all meetings
- Council agenda items format
(added invocation)
- Public Hearings on ords or res
scheduled prior to 1st or 2nd
regular meetings whenever
possible
- Public must request item in
person at workshop or in
writing with documentation by
noon on Friday prior to Council
meeting
- Emergency items may be
considered by unanimous
decision of Council present
- adopted Roberts Rules of Order as
rules of conduct for City
Council meetings and workshops
2
R-85-35
R-86-46
R-87-5
R-87-26
R-87-34
6/12/85
9/10/86
1/7/87
4/8/87
5/13/87
R-85-16
R-82-21
R-87-5
R-84-18B
- adopted Roberts Rules of Order
revised as rules of conduct for
City Council meetings and
workshops
- no employee prepare any
verbatim transcript of minutes
of any board; however Mayor may
instruct City Clerk to prepare
if he deems necessary to
conduct of internal affairs of
city
- persons desiring verbatim
may transcribe their own from a
copy of the tape at cost
allowed by Florida law
- Sets 2 & 4 Wed. for regular
meetings, 1 Wed. for workshop
- no resolution or ordinance read
or passed at workshop
- no substantive decisions made
at workshops
- Sets 2 & 4 Wed. for regular
meetings, 1 Wed. for workshop
- take action at workshop same
as regular meeting except
Public Hearings and final
action on resolution or
ordinance - unless waived by
unanimous consent
- City Clerk to prepare agenda of
all meetings
- Council agenda items format
(removed invocation)
- Schedule public hearings early
on the agenda
- Public must request item in
person at workshop or in
writing with documentation by
4:30 on Thursday prior to
Council meeting
- Items not on agenda may be
added by unanimous
decision of Council present
3
R-88-31
R-88-32
R-89-30
R-89-59
4/13/88
4/13/88
5/24/89
11/8/89
R-87-34
R-88-31
- City Manager directed to
prepare agendas
- (no formalized agenda)
- Public must request item in
person at workshop or in
writing with documentation by
4:30 on Thursday prior to
Council meeting
- Items not on agenda may be
added by unanimous
decision of Council present
- Establishes order of business
for public hearings before
Council
- Establishes procedures for
continuation of public hearings
(not to exceed 10 days)
- Establishes procedures for
deferring decisions
- Rules may be suspended for good
cause
- Establishes rules for
public input at Council
meetings
- City Manager directed to
prepare agendas
- (no formalized agenda)
- Public must request item in
person at workshop or in
writing with documentation by
noon on Thursday prior to
Council meeting
- items not on agenda may be
added by unanimous
decision of Council present
4
RESOLUTIONS REGULATING AGENDA FORMAT, SCHEDULES, PROCEDURES~.. ETC.
RESOLUTION DATE SUPERCEDES PURPOSE
R-81-34A 2/8/82 R-81-34
R-85-35 6/12/85 R-85-16
R-86-46 9/10/86
R-87-26 4/8/87 R-87-5
- Regular & Special Meetings -
called 7 p.m. - adjourned 10:30
p.m. unless prior to 10:30
Council ~ganimousl¥ extends by
vote to a time certain
- unfinished business carried to
next regularly scheduled
meeting unless prior to
adjournment placed on special
meeting agenda
- adopted Roberts Rules of Order
revised as rules of conduct for
City Council meetings and
workshops
- no employee prepare any
verbatim transcript of minutes
of any board; however Mayor may
instruct City Clerk to prepare
if he deems necessary to
conduct of internal affairs of
city
- persons desiring verbatim
may transcribe their own from a
copy of the tape at cost
allowed by. Florida law
- Sets 2 & 4 Wed. for regular
meetings, i Wed. for workshop
- take action at workshop same
as regular meeting except
Public Hearings and final
action on resolution or
ordinance - unless waived by
unanimous consent
11-88-32
R-89-30
R-89-59
4/13/88
5/24/89
11/8/89
R-88-31
- Establishes order of business
for public hearings before
Council
- Establishes procedures for
continuation of public hearings
(not to exceed 10 days)
- Establishes procedures for
deferring decisions
- Rules may be suspended for good
cause
- Establishes rules for
public input at Council
meetings
- City Manager directed to
prepare agendas
- (no formalized agenda)
- Public must request item in
person at workshop or in
writing with documentation by
noon on Thursday prior to
Council meeting
- Items not on agenda may be
added by unanimous
decision of Council present
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-533O [] FAX (407) 589-5570
SUBJECT,
REVIEW OF HOME OCCUPATIONAL
ORDINANCE
Approved For Submittal By,
City Manager
Dept. Origin Community Development
(BC~
Date Submitted 7/31/91
For Agenda Of
Bxhibits,
.8/07/91
Section 20A-6.1(C)(14)
EXPENDITURE
REQUIRED,
AMOUNT
BUDGETED~
APPROPRIATION
REQUIRED,
SUMMARY STATEMENT
At its regular meeting of July 24, 1991, Councilman Reid and Oberbeck
requested that the home occupational ordinance be reviewed at its next
workshop meeting. Attached is a copy of Section 2OA-6.1(C)(14) which
establishes criteria for a home occupational license to be approved as a
conditional use by the Planning and Zoning Commission. Staff will be
prepared to answer any questions at the workshop meeting concerning this
ordinance and any proposed amendments.
RECOMMENDED ACTION
Review ordinance regulating home occupations.
14.
LEGAL BASIS AND GENERAL PROVISIONS § 20A-6.1
Applicable zoning districts. Golf courses and support
facilities shall be permitted as a conditional use within
the following zoning districts: RM.8, RM.12 and PS.
Conditional use criteria. Golf courses and support fa-
cilities will be allowed provided the following condi-
tions are met:
(1) Golf courses and accessory facilities shall not in-
clude freestanding commercial miniature golf courses
and/or driving ranges. The minimum site compris-
ing the course shall be one hundred ten (110) acres
of land.
(2) No major accessory use or principal building or
structure shall be located closer than three hun-
dred (300) feet to any lot line which abuts a resi-
dential district.
(3) Golf courses shall, to the most reasonable extent,
retain and preserve native vegetation over at least
thirty (30) percent of the total u. pland area of the
course due to their characteristically high water
demand and heavy nutrient loads.
(4) The lighting of golf courses shall be designed so
that lighting is shielded and directed away from
residential areas.
(5) Screening: Accessory facilities adjacent to residen-
tial districts or uses shall meet the screening re-
quirements established in section 20A-10.2(F) of
this ordinance.
Home occupations:
a. Applicable zoning districts. Home occupations shall be
a conditional use allowable in the following zoning
districts: RE-40, RS-20, RS-15, RS-10, R-MH, RM-8,
· RM-12, COR, MCR and GMC.
b. Conditional use criteria. Home occupations Will be al.
lowed provided the following conditions are continu-
ously met:
(1) A home occupation shall be carried on entirely
within a dwelling and only by members of the
family permanently living therein. No person other
8upp. No. 3
403
§ 20-6.1.
SEBASTIAN LAND DEVELOPMENT CODE
than the members of the family residing on the
premises shall be engaged in such home occupa-
tion. No more than one commercial vehicle shall
be kept or parked on the premises in connection
with such home occupation and such vehicle shall
not have a carrying weight in excess of three~luarters
of a ton and shall not exceed twenty (20) feet in
length.
(2) The use of the dwelling unit for the home occupa-
tion shall be clearly incidental and subordinate to
its use for residential purposes and shall not change
the residential use thereof.
(3) There shall be no change in the outside appear-
ance of the building or premises. No visible evi-
dence of the conduct of such home occupation ex-
cept a sign or signs that must be placed thereon ~s
mandated by Florida statute and any such sign
shall'be nonilluminated and mounted fiat against
the door or wall of the principal building at a posi-
tion not more than two (2) feet distant from the
main entrance of the residence. There shall be no
display that will indicate from the exterior that
the building is being utilized for any purpose other
than that of a dwelling.
(4) No home occupation shall be conducted in any
accessory building or garage or' anywhere on the
lot, including storage of any materials, inventory,
equipment, or supplies.
(5) No home occupation shall occupy more than twenty
(20) percent of the first floor area of the residence,
exclusive of the area of any open porch or attached
garage or other space not suited or intended for
occupancy ss living quarters. All storage of mate-
rials, supplies, and inventory on the premises re-
lated to the home occupation shall be located within
the area of such twenty (20) percent and such
storage shall not comprise an area exceeding one
hundred (100) square feet. If there is any heavy
equipment or vehicles other than the one vehicle
noted in subsection (1), above, all such equipment
404
LEGAL BASIS AND GENERAL PROVISIONS § 20A~6.1.
and vehicles shall be stored on real property zoned
for such storage.
(6) No commodity or product of any home occupation
shall be delivered from the premises to any person
or carrier. Any such product or commodity shall
be moved from the premises by a person who is
described in subparagraph (1), above. A reason-
able amount of deliveries of materials may be
delivered to the premises by a carrier, but such
deliveries shall not exceed the number of deliver-
ies that may be considered normal for any resi-
dence that does have a home occupation.
(7) No traffic shall be generated by any home occupa-
tion in greater volume than would normally be
expected to a residence in the immediate neigh-
borhood.
(8) No mechanical equipment or electrical equipment
shall be employed or stored on the premises other
than equipment found in a residence associated
with a hobby or vocation conducted for no mone-
tary gain or profit. All such equipment must be
located within the twenty (20) percent area noted
in subparagraph (5), above.
(9) No equipment or process shall be used in such
home occupation which creates noise, vibration,
glare, fumes, odors, or electrical interference de-
tectable by the normal senses from off of the prem-
ises. No equipment or process shall be used which
causes visible or audio interference in any radio
or television receivers, telephones, organs, or other
similar items off of the premises.
(10) No home occupation except an address of conve-
nience shall be allowed except in a fully detached
single.family residence.
(11) A home occupation is subject to all applicable city
occupational licenses and other business taxes.
Each applicant for a home occupation shall sub-
mit to the city clerk a sworn application on the
then existing standard form with the fee set by
Supp. No. $
§ 20A-6.1. SEBASTIAN LAND DEVELOPMENT CODE
resolution or ordinance of the city council along
with a recent photograph of the residence show-
ing the entire front yard and all driveways and
carports.
(12) No home occupation shall be construed to include
personal services such as massage, cosmetology,
barbering, beauty parlor or shop, tea room, food
processing for sale, kennels, animal grooming, radio
or television repair, furniture refinishing or build-
ing, cabinet making, boat building, automobile or
other vehicle servicing, rebuilding or repair for
others, metal fabrication or cutting employing weld-
ing or cutting torches, child care facilities accom-
modating five (5) or more children, gift shops, fu-
neral homes, medical or dental laboratories, show-
room or display area, or any [activity] similar or
reasonably similar to any of the above listed
activities.
(13) If any home occupation requires a license or per-
mit from the State of Florida or any agency there-
of, the applicant for a home occupation permit
shall provide the building official with a current,
valid copy of any such permit or license before any
such occupation shall be conducted. Any such li-
cense or permit from the state of any agency thereof
shall be kept active and current.
(14) A home occupation that consists solely for the
purpose of receiving phone calls, mail, or keeping
business records of the home occupation in con-
nection with any Profession or occupation shall be
considered as an "address of convenience."
(15) Failure to continuously comply with all provisions
of this subsection "home occupations" and all other
provisions of this Land Development Code appli-
cable to conditional uses generally, and all condi-
tions of any permit or license issued by the State
of Florida or any agency thereof, shall be grounds
for revocation of the home occupation permit by
the code enforcement board.
Supp. No. 3
404.2
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Resolution No. R-88-77
Corridor Analysis for CR 512
& Thoroughfare Plan
Approval For Submittal By:
city Manager
) Agenda No. ~/-~¢~-"
)
)
) Dept. Origin: City Clerk~/~'~
) (for Councilman Holyk~\'--
)
) Date Submitted: 8/1/91
)
) For Agenda Of: 8/7/91
)
) Exhibits: R-88-77
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Councilman Holyk, at the July 24, 1991 City Council meeting,
requested, for the August workshop agenda, possible amendment to
Resolution No. R-88-77, adopting the corridor analysis for CR 512
and thoroughfare plan for City of Sebastian as prepared by Keith
and Schnars, P.A.
The resolution and plan are attached for your review.
RECOMMEND~ ACTION
Review backup and direct staff accordingly.
RESOLUTION HO. R-88-77
A RESOLUTION OF
COUNTY, FLORIDA 'THE CITY OF SEBASTIAN, INDIAN RIVER
CONCURRiN~ WITH THE CORRIDOR ANALYS~s
FOR COUNTY ROAD 512 AND THE THOROUGHFAR~ PLAN FOR THE
'CITY OF SEBASTIAN, FLORIDA AS PREPARED BY KEiTH AND
SCHNARS, P.A. ;%ND DATED NOVF24~ER, 1988~ PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH~ AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, On September 12. 1984, the City Counci
City of Sebastian adopted Resolution No. R~Bd-30 su o~ of the
efforts of Indian River Co
County ~'de fair share transD~tl~ ~mr~r~ ~nnd~P~d~t~n~h~
WHEREAS, Indian River Cou
_ y~=, ~orlda, funded ~., ~ ..... ~* ~=un aha Sch s__~y
Rl_.~ ~un=y, which includes th~ ~i:ect~d in District 3 of
- ~=y o= Sebasttan~ and -
WHEREAS, Tho engineering study consists of a
analysis for 'Co~nt~ Road 512 f cor
~y $1 {SR §~- ~-~ ..... tom"County Rca rider
WHEREAS, The . Keith and Schnars Study
thgr°ughfa~ Plan for.t~of Sebastlan~ and recommends a
WHEREAS, Tho City Council of the City of Sebastian held a
.public meeting on December S,- ~988, at Which time the public had
an opportunity to present comments to the City Council and to
James Davis, Director Of Public Works for Indian River County~
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAR, iNDIAN RIVER COUNTY, FLORIDA, that:
SECTION ~. Tho City Council of the City of Seb
hereb~ 6onc~s-wtth the Kelth and Schnars stud en a~tian,
Road 512 Indian River Coun- . - . Y tttXed .
provided: · - · . =Y and dated u ...... County
, .,~wumoer, 1988,
A. The existing raiI crossing
Railroad located between CR 512 and Schumann Drive, known
~,~i~ie H%ghway Crossln . be over the F~ortda East Coast
,, .~e~ to lnd~0ate that ~e -^~)A9ned and. that the st~s the
B. The study be amended to include a thick vegetative type
screening to buffer noise and visual impact from the proposed
~st bound lanes o[ eR 512 along the wast right-of-way adjacent
Orange Heights SUbdivision.
C. The Board of County Commissioners for Indian River
County Utilize funding sources for improvements to CR 512 which
are in addition to impact fees COllected Within District 3.
D. The Board of County Commissioners for
County include a rtght-o~-t.~av a Indian River
the Long Range Mater ~-J_ ~q~.s~tion Program as a Part of
three. - .... uu aha ~lgnway Program for district
SECTION ~. CONFLICT. That all resolutions or Darts of
resolutions in conflict herewith are hereby repealed.
1
SECTION 3_~ EFFECTIVE DATE. This Resolution Shall take
effect immediately upon final passage.
The foregot'n~ '"e"~utton was moved for adoption by
~ - , . , g being ~ut to a vote,
the vote was as follows:
Mayor Richard B. Votapka
Vice Mayor Kenneth Roth
Councilman Peter Vallone
Cou~ot!man Robert McCarthy
Counc~lman,.Ceorge Metcalf
The Mayor thereupon.declared this Resolution duly passed and
adopted th~s ~ day of ~/W~W~/~. _, 1989.
Rlcha~d'S~ VOtapka, Mayo~
Attest = : ,,.
'KathryW M; 0,Nall0ra~, cMc/~
C~ty. C~erk·... ,. , ,
Approv~d'-'as to Fo~ and Legal Sufficiency:
le ~n Nash, Esquire
Clt~t~ney
2
'7/
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
SUBJECT,
REVIEW ES'TABL'IsHED'C~TERIA FOR
THE USE OF CITY PUBLIC PARKS
Approved For Submittal By,
City Manager /~~
Dept. Origin Community Development
(BC)~."
Date Submitted
For Agenda Of 8/e7/9!
Exhibits,
EXPENDITURE
REQUIRED,
AMOUNT
BUDGETED,
APPROPRIATION
REQUIRED,
SUMMARY STATEMENT
At its regular meeting of July 24, 1991, Councilman Reid requested an item
concerning the sale of pre-manufactured items by certain groups at the
public parks be reviewed. In the past. the City Council has approved on a
regular basis the use of Riverview Park for the Pelican Island Art Group.
Sebastian River Art Club. and the Craft Club of Sebastian. The City
Council has approved these requests in the past subject to the following
conditions,
1. $1OO.O0 security deposit.
2. No vehicles in the park.
3, Applicants provide sufficient waste receptacles and clean up after
event.
4. No alcohol beverages are permitted within the park.
5. All displays must be clear of the sidewalks and entranceways.
RECOMMEND ACTION
Review criteria established by City Council to utilize the public parks.
91.198 J.
Review Established Criteria for Use of City
Public Parks - Sale of Goods (Reid) (Staff
Recommendation dated 7/31/91)
11
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
GRANT FUNDING ASSISTANCE FOR
PURCHASE OF CAV CORP PROPERTY
Approved For Submittal By:
City Manager
Agenda No.
Dept. Origin Community Development
Date Submitted 8/O1/91
For Agenda Of 8/07/91
Exhibits:
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Members of the Community and certain members of the Council have asked
staff to investigate funding possibilities for purchase of properties
along the rlverfront. The CAV Corp property was one of those areas
mentioned. If given further direction to proceed, staff will continue its
research into finding available sources of grant funding to help the City
with a possible purchase of the easternmost 2.2 acres of the CAV Corp
property.
One such source of funding is available through the Federal Government and
is conducted by the State Department of Natural Resources (DNR). The
program is called The Land and Water Conservation Fund (LWCF) Program.
The grant application is due September 30, 1991, will not be authorized
for funding until after December 1991, and contains several stipulations
which will affect our purchase if we are to use that grant.
Project Agreement: Because this is a federally funded program, the
National Park Service must also agree to our plans prior to making a
purchase. However, DNR has advised the City to protect its control of
the property by ensuring that it continues its lease agreement through
the first of the new year (January 1992), thus meeting the State's
funding cycle and evaluation schedule.
The City has arranged with a recognized appraiser to appraise the
property, one that the Florida Department of Natural Resources has
worked with on past purchases to estimate the values of subject
properties. The grant stipulates that if the property is appraised at
over $500,000.00, a second appraiser (again, one that is recognized by
DNR) must be utilized and the lower of the two appraisals must be used
for grant purposes.
Page 2
No project costs may be incurred prior to grant application submission
and future approval by the State and the National Park Service~ not
expected prior to the beginning of next year. Therefore, any costs
for appraisal or preparation of the grant package will have to be
absorbed by the City and may not be counted as part of our local match
commitment for the purchase of the property. However, the cost of the
property is certainly going to provide the City with a match in
dollars greater than 50 percent of the grant costs, the requirement
for this grant (the grant provides $1OO,OOO.OO maximum allocation to
any grantee.)
After approval of the grant, the grantee has up to one (1) year from
the effective date of the project agreement to complete the purchase
unless the Department of Natural Resources extends the-time frame.
Our plans must include conceptual site plan for development within
three (3) years after grant award.
The site must be dedicated for public use in perpetuity, must benefit
the public, and must be recorded in public property records. After
completion of development of the project site, the City must agree to
maintain the site and the facilities for a minimum period of twenty-
five (25) years after completion date.
RECOMMENDED ACTION
Staff is requesting a recommendation from Council to pursue or discontinue
pursuit of a grant from The Land and Water Conservation Fund for the
acquisition of the CAV Corp property. DNR has strongly recommended that
staff pursue this particular grant. The site represents a connector to
our linear park concept and, as such, is a prime candidate for acquisition
under a LWCF grant. Entrance fees reasonably differing for residents and
non-residents may be charged, providing that National Park Service and DNR
approve such an arrangement upon approval of the grant. Future site
development is also a consideration that DNR will be evaluating.
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT~
PROPOSED LANGUAGE FOR ORDINANCE
AMENDMENT REGULATING GARAGE
SALES
Approved For Submittal Byz
City Manager
) Agenda No.
)
) Dept. Origin Community Development) ~j
) (BC
) Date Submitted 8/01/91
For Agenda Of ,8,/07/91
Exhibits,
Cooper memorandum, July 19, 1991 to
the Planning & Zoning Commission
EXPENDITURE
REQUIRED,
AMOUNT
BUDGETED,
APPROPRIATION
RBQUIREDz
SUMMARY STATEMENT
At its regular meeting of April 24, 1991 City Council addressed the issue
of regulation of garage sales and directed staff to review other model
ordinances on the same subject. City staff reviewed and prepared for
Planning and Zoning Commission's initial review and approval the attached
document identifying garage sales, their limitations and duration, and the
issue of permitting such sales.
Staff expects to review with Council the justifications and means by which
enforcement of this code could be achieved. During the review process
Planning and Zoning studied permits as a means for control, but requested
that staff exclude a permit mechanism from the proposed ordinance language
at this time, relying, instead, on the future existence of an ordinance as
the appropriate measure of control. Planning and Zoning Commission
approved the draft wording after making a determination that it was
written in accord with the Indian River County ordinance pertaining to
garage sale regulation.
RECOMMENDED ACTION
If City Council concurs with the proposed language for an ordinance
regulating garage sales, staff recommends that Council,
Move to direct the City Attorney to proceed with the preparation of a
draft ordinance, incorporating the referenced proposed wording.
Set a time frame to return the formal document to Council for first
reading.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
M E }! O 1t A N D U !~
DATEr
TOs
FROM~
REFERENCEt
July 19, 1991
Planning & Zoning Commission
Bruce Cooper
Director of Community Development
Ordinance Regulating Garage Sales
Definttionst
The term "garage sale' as used in this article shall be
construed as the layout, display and sale of articles or new
or used items of personal property in a yard, garage,
driveway, porch, patio, or real estate lot, regardless of the
location where such items may be viewed by the public, and
where such sale is not subject to the occupational license
provisions of this chapter~ provided, however, that the
definition of a garage sale shall not apply to the isolated
and casual sale of single items of personal property such as
an automobile, bicycle, lawn furniture or items of a similar
nature.
The term "person" as used in this article shall include
individuals, children, firms, associations, joint ventures,
partnerships, estates, trusts, business trusts, syndicates,
fiduciaries, corporations, and all other groups or
combinations.
Permit.
No permit is required to conduct a garage sale in acccordance
with this article.
Limitation on lulber of Garage Sales.
Not more than three (3) garage sales shall be conducted from
any residence or site within this city tn any given calendar
year.
Planning & Zoning
July 19, 1991
Page 2
Duration.
No single garage sale shall be conducted over a period of
more than three consecutive days [seventy-two (72) hours].
during daylight hours (sunrise to sunset).
Display of Garage Sale Items.
(a) Articles or items for sale may be displayed from sunrise
to sunset. At the conclusion of the garage sale, all unsold
articles and items shall be removed or packed in such a
manner as not to be visible from any public street or from
the abutting properties.
(b) Display of sale items of personal property shall be
exhibited or displayed on the private property where the
residence is located, not closer than 5 feet to the front or
side property lines and shall not be placed in the public
right-of-way.
Sale of Food Items.
Food items shall not be sold at a garage sale.
Display of Signs Advertising Garage Sale.
Unlit, temporary signs or posters, which may be directional
signs, shall be permitted to advertise a garage sale. as
specfied herein. The number, size. location, and other
char'acteristlcs of garage sale signs are as follows.
(a) One (1) on-premise garage sale sign or poster per street
frontage may be maintained during the duration of the garage
sale, not to exceed three (3) consecutive days [seventy-two
(72} hours] and shall, be removed immediately at the
conclusion of the garage sale. Signs placed on lots other
'than the applicant's must have consent of the property owner.
Such sign,
1. Shall not exceed four (4) square feet in sign area~
2. Shall not be illuminated~
3. Shall not be placed in any public right-of-way.
(b) Off-premise directional garage sale signs or posters may
be temporarily placed to provide direction into a subdivision
or development in which a garage sale is taking place. Such
sign(s} may be located within a road right-of-way, provided
the sign(s} is(are),
Planning & Zoning
July 19. 1991
Page 3
1. Located at least eight (8) feet from any any roadway;
2. Constructed as a breakaway sign;
3. No more than three (3) feet in height measured from the
crown of the adjacent road;
4. No greater than four (4) square feet in sign area.
5. Not illuminated;
6. Maintained only for the duration of the garage sale, not
to exceed three (3) consecutive days [seventy-two (72)
hours], and removed at the conclusion of the garage sale.
Parking.
The person conducting the garage sale shall provide for the
parking of vehicles in such a way as to avoid creation of a
hazardous or unsafe condition or any congestion of public
streets as a result of the garage sale.
Exception for Churches, Charitable, Non-profi~ Organizations.
Definitions 'Charitable, non-profit, or veterans'
organiza~ion' means an organization which has qualified for
exemption from federal income tax as an exempt organization
under the provisions of s. 501(c) of the Internal Revenue
Code of 1954 or s. 528 of the Internal Revenue Code of 1986.
as amended; which is engaged in charitable, civic, community,
benevolent, religious, or scholastic works or other similar
activities; and which has been in existence and active for a
period of 3 years or more. Accessory uses or facilities,
such as thrift shops, shall not be considered a garage sale
under the terms of this article.
Any church, charitable and non-profit organizations may hold
a maximum of four (4) garage sales per calendar year,
provided that~
(a) The church or organization holds no more than one (1)
garage sale in any month.
(b) The sales are conducted on property owned, leased, or
continually used by the church or organization. Property
shall not be deemed to be leased by the church or
organization unless the property is being leased pursuant to
a written lease agreement having a stated lease term of at
least one (1) year in duration.
Planning & Zoning
July 19, 1991
Page 4
Administration of Prov~sions; Legal Remedies.
(a) The City Council of the City of Sebastian may enact by
resolution reasonable rules and regulations to implement and
carry out the provisions of this article.
(b} In addition to all other available legal and equitable
remedies, the City Council of the City of Sebastian may bring
suit to restrain, enjoin, or otherwise to prevent the
violation of this article.
BC/CAH/gk
garsale.doc
City of Sebaztian
gUBjECT!
Cemetery Grave Markers)
Approved For submittal
City Hanager ~'
AGenda No.
Dept. Origin
For AGenda Of
t
ENG/PW
7-25-91
8-7-91
Exhfbit~ Memo City Eng.
dated 7-25-91,
Memo Kip Kelso~ Rec.
Cemetery Comm., and
Drawinq o~ Monument
A~OUNT
APPrOPrIATiON
~EOUI~ED!
SUI~IARY STATBHENT
Cemetery Sexton request to increase size o~ grave
markers as recommended by Cemetery Committee in 1989
and never acted upon. Residents have requested larger
markers ~or their ~amily and Sexton has no objections to
this with regards to maintenance, etc.
~ECO~4ENDED ACTION
Direct City Attorney to prepare ordinance change to
ordinance No: 0-87-02 Section 8-3~-B pertaining to
monument Size. Recommendation o~ Cemetery Committee
4=or new sizes to b~ used as guideline ~or" ordinance
change.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE;
JULY 25, 1991
TO;
FROH;
MAYOR AND CITY COUNCIL~
0ANIEL C. ECKIS, P.¢(~
CITY ENGINEER/PUBLIC ~O-RKS DIRECTOR
THROUGH;
ROBERT S, MCCLARY
CITY MANAGER
RE:
ORDINANCE CHANGE- CEMETERY GRAVE MARKERS
THE CEMETERY SEXTON, KIP KELSO HAS INDICATED TO ME
THAT HE HAS BEEN RECEIVING REQUESTS FOR LARGER GRAVE MARKERS
FROM SEVERAL PEOPLE, HE STATED THAT THIS MATTER WAS DISCUSSED
BY THE CEMETERY COMMITTEE IN 1989 AND A RECOMMENDATION TO
COUNCIL WAS MADE BUT NEVER ACTED UPON,
AT THIS TIME, WE WOULD LIKE THE COUNCIL TO CONSIDER THE
INCREASED SIZE OF THE GRAVE MARKERS AS INDICATED BY THE
ATTACHED BACK-UP MATERIAL. THIS WOULD REQUIRE AN ORDINANCE
CHANGE TO 0-87-02 SECTION 8-55-B PERTAINING TO MONUMENT SIZE.
I HAVE NO OBJECTION TO THE RECOMMENDED CHANGE AND
THEREFORE, REQUEST THAT THE CITY COUNCIL TAKE ACTION ON THIS
MATTER,
SHOULD YOU REQUIRE ANY FURTHER INFORMATION, PLEASE FEEL
FREE TO CONTACT THIS OFFICE.
City of Sebastian
POST OFFICE 8OX 780127 r~ SEBASTIAN, FLORIDA 32_978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
TO:
Jerry Thomas
Assistant Public Works Director
FROM: Kip G. Kelso, Jr.
Cemetery Sexton
SUBJECT:
DATE:
Request To Put Ordinance Change On The Agenda
HAY ~6, 1991
It is my recommendation that Ordinance 0-87-02 Section 8-33-B
pertaining to monumenL size be changed. In Lhe past Lhere have
been several requests for monuments which were larger Lhan our
current ordinance allows and they were turned down. Now, as I
looked through my files I found a memo to the Mayor and City
Council dated April 3, 1989 from the Ceme'ter¥ CommiLLee which
never goL acLed upon. I would like %heir recommendaLion Lo get
approved.
Attached is the memo from the Cemetery Committee regarding the
size of the monuments.
Thank you.
9'
eK: s
attachment
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-5330
TO:
THROUGH:
FROM:
MAYOR' AND CITY COUNCIL
ROBERT McCLARY, CITY MANAGER
SEBASTIAN' C~ME~%y
Tile Sebastian d:eme~e'r~.'Commtttee,-at the'i'r meeting'.
on'
April 3, 1989, uhanimoualy pasaed'~he £ollo~ing Motion.
MOTION BY ~.. ScHoFIELD, SECONDED'BY 'MRS, .PAYANT,
TO RECO[~I~ND=TO THE. CITY COUNCIL THAT T~E MEASURE-
MENTS OF THE GR~VE MARKERS. FOR.-A'.SINGLE-SITE BE '
CHANGED.TO 36" AND 72." FOR'A DOUBLE SITE.'AND THE
DIE'BE C~[ANGED TO 6" OR 8" THICK.
LR
CC: Kfithryn M.' O'Halloran
SEC. 8-34,
SEC. 8-34.1
sec. 8-35.
sec. 8-36.
SEC. 6-37,
SEC. 8-38.
MANENT ATTACHMENTS SHALL BE ABOVe THE 'MARKER.
NO SLABS OF ANY KIND WILL BE PERMITTED~ PROVIDED,
HOWEVER, TO PReSeRVE Tile HISTORIC NATURE OF
UNIT 1 OF Tile SEBASTIAN CeMeTERY, AND WiIERE
AS OF Tile DATe OF Tills ORDINANCe, TIIERB ARE
EXISTING SLABS AND ABOVE GROUND MARKERS,
RESTORATION OF EXiSTiNG SLAES AND ABOVE GROUND
MARKERS WILL Be PERMITTED.
-THB MAXI~OM S~E MARKER FOR .A SINGLE
BSITE SHAlL'NOT .EXCEED FORTY-eIGHT
INCHEs MAXIMUM IN/H~IGttT~ THIRTY (30) INCilES
IN LENGTH BY eIGHTeEN (18) iNCHEs IN .WIDTtl BY
SIX [6) INCHES IN THICKNESSj AND FIFTY-FOUR
(§4) INCIIES IN LENGTH BY 18 INCIIES iN WIDTII
BY SIX [6) iNCHES IN TilICKNESS FOR DOUBLe
GRAVESITE.
CONSISTENT WITH EACH OTIIER, Ie NOT MEETING TUg FINAL
APPROVAL OW Tile CEMETERY SEXTON THE UNAPPROVED MARKERS
SHALL BE ReMOVeD, REPAIRED OR ReALIGNeD AT THE MONUMENT
COMPANIES EXPENSE.
~A~ - CQUC~ ~A~ALL MARKERS SllALL HAVE A SUITABLe
CONCRETE FOUNDATION' PROVIDED BY Tile MONUMENT COMPANY.
~A~ - ~B~Q~ EO~ INSTAllAtION AE~B ~U~XA~.ALL Such
MARKERS SIIALL Be INSTALLED WITHIN FOUR MONTIIS (120 DAYS)
AFTER BURIAL. WHERE THIS REGULATION RENDERS A HARDSHIP,
OR PRESENTS ANY SPECIAL PROBLEM~ i.e.~ AN ESTATE NOT
SETTLED, ETC., SPECIAL CONSIDERATION WILL BE GiVeN.
REQUEST FOR SPECIAL CONSiDeRATION SHOULD BE HADE iN
WRITING TO Tile SEBASTIAN CI~T CLERK, CITY HALL, POST
OFFICE BOX 127, SEBASTIAN~ FLORIDA, 32958.
ARRANGEMENTS WILL Be PERMITTED TO REMAIN UNTIL THEY
BECOME FADED OR UNSIGHTLY. PRES11 FLOWERS WILL REMAIN
UNTIL UNSIGHTLY. NO GLASS OR CERAMIC FLOWER CONTAINERS
OR ORNAMENTS SHALL Be ALLOWED. NO WIRES SHALL BE
ALLOWED TO IiOCO FLOWER ARRANGEMENTS PERMANENTLY IN
PLACe AT THe GRAVeSITE.
MEMORIAL TREe OR SRRUB IS DESIRED~ ARRANGEMENTS MUST BE
MADE WITH TIlE CEMETERY SEXTON~ TYPE AND PLACEMENT AS
DESIGNATED BY THE CEMETERY SEXTON~ IN A PLANTING AREA
DESIGNATED BY HIM,
SIIRUBS SiIALL nB PLANTED, PRUNED OR ~.oveD ExcePT
BY THE SEXTON OR PERSON IN CtlARGE WilD SiIALL iiAVg AUTH-
ORZW OD so ufo. sz e co.s o a
SUCH A cou.s N c ss Rv.
~~r~) 4021 OLD DIXIE HWY.
FT. PIERCE. ~L 34946
PHILuPs MOItUM£NT CO.
4021 OLD DIXIE HWY.
F"I', PIERCE, FL 34946
FCETRA i 302 ~et