HomeMy WebLinkAbout08282002O2.183
02.184
02.028
CITY
CITY COUNCIL
REGULAR MEETING
AGENDA
WEDNESDAY, AUGUST 28, 2002, 7:00 P,M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
1225 MAIN STREET, SEBASTIAN, FLORIDA
individuals will address the City Council with respect to agenda items immediately before deliberation
of the item by the city council- limit of tern minutes per speaker (R-99-21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Rev. Alan Yarborough, First Baptist Church
4. ROLL CALL
m
AGENDA MODIFICATIONS (ADD.!TIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a majority vote of City Council
Members (R-99-21)
6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATION-~
Ao
American Character Week Proclamation - Character Counts
Coalition of Indian RiVer County - The Honorable Judge Joe Wild
- Chairman - Accepting
GFWC Sebastian River Junior Woman's Club 25th Anniversary
Proclamation -To Be Read By Mayor Barnes
Certificate of Appreciation to Tut Connelly for Code Enforcement
Board Service
1-2
3-12
13-16
02.185
17-26
02.186
2.7-38
02.187
39-52
02.188
53-58
02. 030
59-64
CONSENT A. GE. NDA
All items on the consent agenda are considered routine end will be enacted by one motion. There will
be no aeporate discussion of consent agenda, items unless a member of City Council so requests; In
which event, the Item will be removed end acted upon separately,
B.
C.
D.
E.
Approval of Minutes - 8/14/02 Workshop
Approval of Minutes - 8/14/2002 Regular Meeting
Approval of Minutes - 8/21/02 Budget Workshop
Approve City Employee Picnic A/B at Community Center 9/17/02
(City Manager Transmittal 8/13/02, Application)
Authorize the Expenditure of $141,298.42 to Asphalt Recycling in
Accordance with the Approved Contract Prices and Authorize
Staff to Execute a Contract with Dickerson Florida, Inc. for Paving
Based on Piggyback Prices from the Indian River County Contract
(Engineering Transmittal 8/22/02, List, Letter, Contract)
Resolution No. R-02,38 - Vacation of Easement - Lot 11, Block
405, Sebastian Highlands Unit 11 (GMD Transmittal 8/21/02,
R-02-38, Site Map, Staff Report, Application, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 11, BLOCK 405,
SEBASTIAN HIGHLANDS UNIT 11; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR RECORDING, PROVIDING FOR EFFECTIVE DATE.
Award Contract for Construction of the Pad and Wall Portion of
the Veterans Mernodal to Chilberg Construction of Vero Beach in
the Amount of $21,900.00 (Engineering Transmittal 8/21/02, Bid
Tabulation Form)
Approve LPA Group Work Authorization - Engineering for Bidding
of Phase 1 of Runway 9-27 (Airport Transmittal 8/22/02, Letter,
Cost Breakdown)
02.164
65-86
am
PUBL..!C HEAR!NG..$
Procedures for public hee#ngs (R. gg-2 I)
· MayorOpens hearing
· Attorney Reads Ordinance or Resolution
· ~taffPre~entetion
· Public Input- Umlt of Ten Minutes Per,~peaker
o Staff SummaUon
· Mayor Closes Hearin~
· CouncllActton
Anyone wl~in~ to speak Is e#lmcl to ~ln up before the meeb*n~, when called ~o to the podium and
state his or i~ar name f~* the record,
Hearing of Appeal- Planning and Zoning Commission Denial of
Site Plan for Capt'n Butcher's Floodtide (City Attorney Transmittal
8/22/02, Evidence Submitted to Planning & Zoning) (AdverUs,d pJ
02.189
87-94
B. First Public Headng on Ordinance No. O-02-.13 - Sebastian River
Landings Comprehensive Land Use Amendment for 72 Acre
Planned Unit Development- CR510 and CR512 - For Transmittal
to DCA (Growth Management Director Transmittal 8/21/02, 0-82-
13, Conceptual Plan, Location Map, and P & Z Recommendation)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA. APPROVING AN AMENDMENT TO
THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE
INITIAL LAND USE CLASSIFICATIONS OF LOW DENSITY RESIDENTIAL (LDR). AND
COMMERCIAL LIMITED FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE
DESIGNATION AS LOW DENSITY RESIDENTAL, 3 UNITS PER ACRE (L-l) FOR LAND
CONSISTING OF 72.45 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS;
AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (Adverltsed Pj
Display)
O2.189
95-102
02. 094
103-110
First Public Headng on Ordinance No. O-02-14 - Sebastian River
Landings Conceptual Development Plan and Rezoning for 72
Acre Planned Unit Development- CR510 and CR512 - 2n~ Public
Hearing to be Conducted at a Later Date (Growth Management
Director Transmittal'8/21/02, O-82-14, Conceptual Plan, Location
Map, and P & Z Recommendation)
This item is Quasi. Judicial- see back of agenda for procedures
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING
CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) AND
COMMERCIAL LIMITED (CL) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING
DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 72.45 ACRES, MORE OR
LESS, KNOWN AS SEBASTIAN LANDINGS; AUTHORIZING FINDINGS AND ADMINISTRATIVE
ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR EFFECTIVE DATE. (Advedised PJ Display)
Public Headng on Resolution No. R-02-36 - Laurel Reserve
Preliminary Development Plan for Proposed 80 Acre Planned Unit
Development (GroWth Management Director Transmittal 8/21/02,
R-02-36, Preliminary Plan, Location Map, P & Z
Recommendation)
This item is Quasi-Judicial- see back of agenda for procedures
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PREUMINARY
DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR A PLANNED UNIT DEVELOPMENT
KNOWN AS LAUREL RESERVE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR
EFFECTIVE DATE.
10.
11.
02.164
111-162
INTRODUCTION OF NEW BUSINESS FROM THE PU ,BLIC
'item that'has occurred o'r was ~covemd w~hin the previous six months which is not othetlefee on
the agenda - sign.up required- limit of ten minutes for each speaker
COM.Mrl'rEE REPORTSIR,,,ECOMME N DATiON~
OLD .B..USINESS
Developer's Agreement between the City of Sebastian and Capt'n
Butcher, Inc. a Florida Corporation, for Construction of the
Jackson Street Extension (GroWth Management Director
3
Transmittal 8/21/02, Agreement, Analysis, Cost Estimate,
Appraisal, Survey)
12. NEw, Bp.$1NE$$
02.190
163-172
Employee Health and Dental Insurance (Transmittal 8/22/02,
Commentary, Appendices A-E)
13. CITY ATTORNEY MA'FI'ERS
02.191
Seek Council Direction Concerning Utility Franchise Fee Charges
Against School Property (No Backup)
14. CITY MANAGER MA'I-rER$
15. CITY CLERK MAI-I'ERS
16. CITY COUNCIL MA,.T~...ERS
A. Mr. Coniglio
B. Mayor Barnes
C. Mr. Hill
D. Mr. Barczyk
E. Mr. Majcher
17.
ADJOURN (All meeting88ha# adjourn at 10:30 pm unless extended for up to one haft hour by s
rnajo~ty vote of Ci~ Council)
HEARING ASSISTANCE HEADPHONES ARE A VAIL.ABLE iN THE COUNCIL
CHAMBERS FOR ALL GOVERNMENT MEETINGS.
RegUlar City Council Meetings are Scheduled for Live Broadcast on
A T & T Broadband Channel 25
ANY PERSON WHO DECIDES TO APPREAL ANY DECIISON MADE BY THE CITY COUNCIL WITH RESPECT TO
ANY MATTER CONSIDERED A T THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY' AND EVIDENCE UPON WHICH THE APPEAL'IS TO BE HEARD. (286.0105 P.S.)
iN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMODATION FOR THIS MEE'I'ING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-$330 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
]~comino Meeting:
First Budget Hearing & Regular Meeting~ Thursday, September 12, 2002 - 6 pm
Regular Meeting - Wednesday, September 25, 2002 - 7 pm
4
CITY OF
NOME OF PELICAN ISLAND
Minutes
Sebastian City Council
Workshop
Historic Preservation
Wednesday August 14, 2002, 6:00 p.m.
City Council Chambers
1225 Main Street, Sebastian, FL
Mayor Barnes celled the Workshop to order at 7:00 p.m.
~OLL CALL
Mayor Walter Barnes
Vice Mayor Jim Hill
Mr. Joe Barczyk
Mr. Ray Coniglio
Mr. Edward Majcher, Jr. (excused absence)
Overview of National Re.~ister & Historic Preservation
Anna Jackson, presented her report (see attached) and responded to questions from
City Council.
Council Discussion
Louise Kautenberg, Sebastian River Area Historicel Society, stated preservation is
needed.
The City Attorney described the methods Orlando used to establish historic districts.
Ruth Stanbridge, Indian River County Commissioner and historian, said the City of
Sebastian has an opportunity to be put on the map by working toward establishment of
historic districts and preservation of historic buildings.
City Council Workshop
August 14, 2002
Page Two
It was the consensus of City Council to move toward a local historic district and work
toward national historic recognition. The City Manager said ordinances will be required
to accomplish this. The City Attorney asked Council to define what period defines
"Historic Sebastian". Ms. Jackson said buildings fifty years or older would be
considered.
5. Being no further business, Mayor Barnes adjourned the Workshop at 6:40 p.m.
Approved at the August 28, 2002 Regular Meeting.
Walter W. Barnes
Mayor
Sally A. Maio, CMC
City Clerk
CI~ OF
tlO~E OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, AUGUST 14, 2002, 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Barnes called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Father Mordssey of St, Sebastian Catholic Church gave the invocation.
ROLL CALL
City Council Present:
Mayor Walter Barnes
Vice-Mayor James Hill
Mr. Joe Barczyk
Mr. Ray Coniglio
Mr. Ed Majcher
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Growth Management Director, Tracy Hass
Finance Director, Mark Mason
Public Works Director, Terry Hill
Airport Director, Jason Milewski
Chief of Police, Jim Davis
Police Lieutenant, Bob Lockhart
Human Resources Director, Jim Sexton
Parks Supervisor, Chris McCarthy
Traffic Technician, Brian Grzesiak
Regular City Council Meeting
August 14, 2002
Page Two
Se
02,108
02.084
02.051
02.068
O2.149
02.138
Mayor Barnes introduced Mr. Art Neuberger.
AGENDA MODIFICATIONS (ADDI..T. [0NS' ANDI,O~ DELI~TIONS)
Items not on the written agenda may be added only upon a majority vote of City Council Members (R-gg-21)
The City Attorney advised that item I of the consent agenda should include and
authorize execution of easements. City Council concurred.
PROCLAMATIONS. ANNOUNCEI~.ENTS AND/OR PRESENTATIONS
A. Employee of the 2r~ Qua,,rt, e,r,, 2002
Mayor Barnes read a bdef biography and presented the Employee of the Quarter
certificate to Police Officer Rachel Branen.
B. Certificate of App~,,ciation to J, ean,,Carbano for Plannincl & Zoninc~ Commi.s,~i0n Servic~
Jean Carbano was not present.
C. .Certificate of Appreci,atlon to Ch,~ck Neuber,qer, for Constructi.o.n Board Service
Chuck Neuberger was not present, however, Art Neuberger accepted on his behalf.
D. Certificate of Ar)Dreciatior[,t0 Lee Weeks for Budget Review Advis,,ory, Board Service
Lee Weeks was not present.
E. .U,,, S,, Power S~luadron Certificate to City of Sebastip~p
Nigel Hargreaves, U.S. Power Squadron presented a Certificate of Appreciation to
Mayor Barnes and the City of Sebastian for assisting them in establishing a squadron in
the City. He also presented a certificate to city employee, Antoine Van Meir for his
assistance.
F. Parks & RecreationAdvisorv Co.,mmittee Presentation by Chairman Inoui
Parks and Recreation Committee Chairman, Bill Ingui thanked the City Council for its
support, and presented a short synopsis of the Committee's previously presented report
to City Council on proposed park improvements (see attached). He said meetings will
be held on August 26~ and September 23r~ at which time they will take further input from
the public and report back to City Council in October for year one.
He commended Chris McCarthy for his involvement with the Committee and follow-up in
accordance with recommendations of the Committee.
Regular City Council Meeting
August 14, 2002
Page Three
02.158
02.169
02.171
02,172
Mr. Ingui and the Committee were commended for their efforts.
CONSENT AGENDA
All Items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate
discussion of consent agenda items unless a member of City Council so requests; in which event, the Item will be
removed and acted upon separately.
A. Approval of Minutes - 7/17/2002 Workshop
B. Approval of Minutes - 7/24/2002 Meeting
Approval of Minutes - 7/31/2002 Workshop
Authorize the City Manager to Execute the Historic Preservation Restrictive Covenants
(City Manager Transmittal 7/26/02, Copy of Covenants)
Approve Resolution No. R-02-32 FDOT, Aviation Section Grant Agreement (Airport
Transmittal 7/31/02, R-02-32, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY~ FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT 'PARTICIPATION AGREEMENT
WiTH FDOT TO PROVIDE FUNDING FOR CONSTRUCTION OF AN ADMINISTRATION FACILITY;
PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
Approve Resolution ~o. R-02-33 Formally Adopting Signage Plan of Sebastian
Municipal Airport Development Standards (Airport Transmittal 8/14/02, R-02-33, Plan)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE
ADOPTION OF A SlGNAGE PLAN FOR THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR
CONFLICT; PROVIDING FOR EFFECTIVE DATE.
Approve Resolution No. R-02-34 Records Management Policies and Procedures Manual
(City Clerk Transmittal 8/1/02, R-02-34, Manual under separate cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE
'RECORDS MANAGEMENT POLICIES AND PROCEDURES MANUAL" DATED AUGUST 14, 2002, AS
THE CITY'S RECORDS' MANAGEMENT POLICY; PROVIDING FOR FUTURE AMENDMENTS BY THE
CITY CLERK IN ACCORDANCE WITH UPDATED ADMINISTRATIVE PRACTICES AND STATE LAW
REVISIONS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Approve Resolution No. R-02-35 Recreation Department Assistance Program Grant
(City Manager Transmittal 8/802, R-02-35)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE
CITY MANAGER TO APPLY FOR A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
GRANT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
3
Regular City Council Meeting
August 14, 2002
Page Four
02.173 I.
Approve Final Plat for Sandddge Estates Subdivision and Approve Easement Transfers
(GMD Transmittal 8/7/02, Final Plat)
02.174 J.
Award Annual Materials Contract to Fischer and Son for Sand at $4.72 per CY; and to
Blackhawk Quarry for Coquina Shell Base Material at $7.05 per ton, General Fill at
$2.85 per CY and Road Stabilization Material at $2.85 per CY on an as needed basis
(Public Works Transmittal 8/2/02, Bid Tab)
02.175 K.
Authorize Termination of Aquagenix Contract for Weed Control and Approve Contract to
Applied Aquatic Management at a Price of $2150. per Month (Bid Proposal, Letter of
Intent, Letter of Suspension)
02.176 L.
Approve Fishels Company's Bid to Install Fiber Optic Cable to Golf Course and Indian
River County Fiber Network in Amount of $19,453.52 (Total Bid Award $28,573.52 Less
Materials to be Purchased by the City for $9,120.00 From Graybar and Approve Fishel
Company's Secondary Bid for Fiber Splicing and Interior Installation in the Amount of
$3,503.00 (Finance Transmittal 8/8/02, Spreadsheet)
02.177 M.
Approve Proposal by Melody Music in the Amount of $4,155.00 to Improve City Council
Chambers Sound System (City Clerk Transmittal 8/8/02, Quote)
02.163 N.
Approve City Clerk Travel to FACC Institute in Palm Beach, Florida on October 9-11,
2002 (City Clerk Transmittal 8/6~02, Info)
02.136 O.
Approve City Manager Overnight Travel to FCCMA Board of Directors Meetings on
2/5/03 in Gainesville, Florida and 3/21/03 in Palm Beach, Florida (City Manager
Transmittal 8/9/02, Meeting Schedule)
02.178 P.
Approve Keep Indian River Beautiful Craft Festival at Riverview. Park on
September 14 & 15, 2002 from 10:00 am to 5 pm (Parks Transmittal 8~6/02, Letter)
02.179 Q.
Approve Domestic Violence Coalition of IRC Family Fun Day at Riverview Park on
October 12, 2002 from 8 am to 4 pm (Parks Transmittal 8/6/02, Letter)
02.180 R.
Approve Rental of Community Center on August 24, 2002 from 6:00 pm to 10:00 pm
(City Clerk Transmittal 8/5~02, Application)
02.149 S.
Approve to Waive All Yacht Club Fees for United States Power Squadron
Meetings as Listed in Schedule Dated 8/6/02 (Parks Transmittal 8/8/02, Info, Schedule)
Mayor Barnes removed item F for discussion.
The City Attorney advised City Council that the final plat for Sandridge Estates included a
transfer of easements as requested by St. Johns River Water Management District.
4
Regular City Council Meeting
August 14, 2002
Page Five
10.
02.028
MOTION by Hill/Majcher
"1 move approval of consent agenda items A through E, and G through S."
ROLL CALL:
Mayor Barnes - aye
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher- aye
MOTION CARRIED 5-0
Mayor Barnes requested wording changes to circle page 70 under Procedural Requirements, in
the last sentence change "demised premise" to "finished structure" and on circle page 71 item 7
is to now read "No exposed wiring is allowed. Exposed raceways and neon are prohibited."
MOTION by Barnes/Hill
"And I'll make a motion to approve item F;"
ROLL CALL:
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher- aye
Mayor Barnes - aye
MOTION CARRIED 5-0
.P...UBLIC HEARING - None
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda- sign-
up required- limit of ten minutes for each speaker
Ruth Sullivan, Indian River Drive, Sebastian, recommended that financial matters not be
included on the consent agenda so the public will have an opportunity to address them.
She went on to object to mandatory trash pick-up.
COMMIT[.....EE REPORTSlRECOM MEN DA...T..!ONS
Co_de Enforcement Board
1. Interview, Unless Waived and Appoint One Regular Member Engineer
Position To Expire 8/1/05 (City Clerk Transmittal 8/5/02, Application,
Ad, Board Members)
Regular City Council Meeting
August 14, 2002
Page Six
City Council interviewed Sal Neglia.
02.080
02.047
11.
MOTION by Majcher/Barczyk
"1 make a motion to appoint Sal Neglia to the regular member engineer position
for a three year term to expire 8/1/2005."
ROLL CALL:
Mr. Barczyk-aye
Mr. Coniglio - nay
Mr, Majcher - aye
Mayor Bames- aye
Mr. Hill - aye
MOTION CARRIED 4-1 (Coniglio - nay)
OLD BUSINESS
Approve Contract with Henry..!!er of lPG, Inc., Consultin(~ Services for
Implementation of.the Community Redevelooment Area Study (GMD Transmittal
8/7/02, Scope of Servicers)
The City Manager recommended commissioning Henry Iler of lPG, Inc. Consulting
Services.
Mr. lief addressed City Council on his experience with Community Redevelopment
Districts.
MOTION by Hill/Majcher
"1 move to authorize staff to execute a contract with Henry Iler in the amount of
$27,700 for phase I of the Community Redevelopment Plan project. Additionally,
authorize staff to negotiate a fee with Mr. Iler for implementation of phase ii, at
which time staff will appear before City Council for authorization of the negotiated
fee. Move to appropriate $27,700."
ROLL CALL:
Mr. Coniglio - aye
Mr. Majcher - aye
Mayor Barnes - aye
Mr. Hill - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
B. AoDrove Clambake A~reement (City Attorney Transmittal 8/8/02, Ac;tr. eem.e..nt)
Chuck Barrett, Chairman, Sebastian Clambake Foundation, Inc,, addressed City Council
on the proposed clambake festival on September 6, 7 and 8, 2002.
Regular City Council Meeting
August 14, 2002
Page Seven
Mr. Coniglio inquired about the City's liability relative to serving food. The City Attorney
said it was wise for the City to pick up a special rider for any event.
Mr. Barczyk said the festival is being advertised in area counties, reported that
Commissioner Stanbridge said PBS will be in the area filming a travelogue on Indian
River County and will include the clambake festival, and said state candidates may be in
attendance at the festival. He requested a motion to allocate $3000 to the foundation.
MOTION by Barczyk/Coniglio
"I'd like to make a motion that the City support this in the tune of $3000 to help
them started to get the clamfest on its way, cause we got all this interest and
publicity coming in and its kind of hard right now getting the businesses involved,
but I'd like to see-we approve this amount to get them on their feet so we can get
them started."
Mr. Coniglio seconded the motion for discussion.
Mr. Coniglio said city personnel services that are provided for these types of festivals are
costly. Mr. Majcher suggested the option of a loan program. Mr. Hill said the foundation
has not approached the City for money and questioned the need for the funding. The
City Attorney said if all sponsors come throUgh, they will be able to cover the start up.
Mr. Coniglio recommended that this be put on an agenda to break down the costs.
Mayor Barnes asked the City Attorney to give the City a cost breakdown at the next
meeting.
TAPE i- SIDE fl (8;04 p,rn,)
Mr. Coniglio withdrew his second to the motion. Mr. Barczyk requested the motion
remain on the floor, however, there was no additional second.
Adrina Davis spoke in favor of a $3,000. allocation.
Jayne Barczyk, Sebastian, reminded City Council said that every nickel will go into the
Boys and Girls Club building fund.
Pamela Rapp, Columbus Street, Sebastian, asked who is soliciting businesses. She
was advised that Betsy Connelly was the coordinator and $355 had been raised by local
businesses, but the majority of the funds have come from out of town businesses. She
offered a PSA through her Vero Beach Broadcasting Company to encourage businesses
to support the Boys & Girls Club.
MOTION by Hill/Majcher
"1 move approval of the agreement to the clambake festival."
7
Regular City Council Meeting
August 14, 2002
Page Eight
02.000
02.181
12.
13.
ROLL CALL:
Mayor Barnes - aye
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr, Majcher - aye
MOTION CARRIED 5-0
NEW BUSINESS
City ~uncil Meetino Sche. d..~le, for Novembe.~ & December (Citv Clerk Transmittal
7/23/02, ..M..o.n. th. ly Calendars)
It was the consensus of City Council to cancel the November 27~ and December 25~
City Council meetings.
B. City Manager's Perform. a. nce Evaluatio. n. (HR Transmittal 8/8/02, Memo)
The City Manager was commended for his commitment, expertise, work ethic,
knowledge, dedication, leadership and grantsmanship.
MOTION by Bames/Majcher
"If no one else wishes to make a motion, I'll make a motion, I would suggest that
we give Mr. Moore an increase in the area, not in the area, an increase of 5.5%."
ROLL CALL:
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - aye
Mayor Barnes - aye
MOTION CARRIED 5-0
CiTY ATTORNEY MATTERS
Requested that Warren Dill be appointed as special counsel for the clambake
agreement.
8
Regular City Council Meeting
August 14, 2002
Page Nine
14.
15.
16.
Motion by Coniglio/Hill
"Salute.
ROLL CALL:
Mayor Barnes - aye
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
Stated the state has asked for an additional 30 day extension on the CNK matter.
Advised that the Sebastian Retail Shoppes was able to come back with engineering
designs to achieve .the parapet wall and will be in regulation.
CITY MANAGER MATTERS
Reported on stop signs and traffic engineering issues, described the methods used in
ascertaining needs which ultimately result in installation of stop signs.
The Public Works Director and Traffic Technician described factors considered prior to
the recent installation of stop signs, i.e., traffic violations, traffic accidents, traffic counts.
The City Manager invited the public to contact him or the Engineering Dept. if they need
a stop sign.
CITY ,~..LE. RK MATTERS
None.
CITY COUNCIL MATTERS
Said he was pleased to see the new four way stop and less 18-wheeler traffic on
Fleming Street, reported that people can call mosquito control if they are concemed with
the West Nile virus.
b. Mr. Coni.qli0
Reported that he had provided information on cell towers, and distributed additional
tower information from Indian River County.
He asked the Public Works Director what a "local traffic only" sign meant.
Regular City Council Meeting
August 14, 2002
Page Ten
16.
Reminded Councilmembers to give him information for the new website.
Asked that the regular meeting of September 11th be moved to the 12t~. It was the
consensus of City Council to reschedule the meeting.
d. Mr. Hill
Asked for the City Engineer to attend the next meeting for a well monitoring update.
e. Hr. Barczyk
None.
Being no further business, Mayor Barnes adjourned the Regular Meeting at 8:40 p.m.
Approved at the August 28th, 2002 Regular Meeting.
Walter W. Barnes
Mayor
Sally A. Maio, CMC
City Clerk
]0
SEBASTIAN CITY COUNCIL
BUDGET WORKSHOP
MINUTES
WEDNESDAY, AUGUST 21, 2002 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAiN STREET, SEBASTIAN, FLORIDA
Mayor Barnes called the Workshop to order at 6:10 p.m.
The Pledge of Allegiance was recited.
ROLL CALL
.City Council Present:
Mayor Walter Barnes
Vice Mayor James Hill
Mr. Joe Barczyk
Mr. Raymond Coniglio
Mr. Edward J. Majcher, Jr.
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Airport Director, Jason Milewski
Building Director, George Bonacci
City Engineer, Dave Fisher
Finance Director, Mark Mason
Staff Accountant, Debra Krueger
Golf Course Director, Greg Gardner
Growth Management Director, Tracy Hass
Human Resources Director, Jim Sexton
Police Chief, James Davis
Police Captain, Dave Puscher
Public Works Director, Terry Hill
Parks Superintendent, Chris McCarthy
Cemetery Sexton, Kip Kelso
Also present were members of the Citizen Budget Advisory Board: Richard Smith, Gene
Rauth and Charles Cardinale.
City Council Budget Workshop
August 21, 2002
Page Two
200212003 FY BUDGET
A. OPENING COM .,M,, .ENTS - Cl'r~......MANAGER
The City Manager opened the workshop by recommending that the millage
remain at 4.5904 mills, and the total budget for all funds in the amount of
$19,602,325.00.
Gene Rauth, Chairman of the Citizens Budget Review Board, thanked City
Council for the opportunity to serve and staff for their hard work and dedication;
stated that the City's budgeting process has greatly improved in recent years,
and cited the Board's comments in letter of recommendation dated July 29, 2002
(see attached).
DEPARTMENT G..OALS, OBJ. ECTIVES, AN.D..PROGRAMS- FISCAL
YEAR 2003
The following department and division directors presented their fiscal year 2002
accomplishments and 2003 goals and responded to questions from City Council.
Tape FSide II
BUILDING DEPARTMENT- George Bonacci, Building Director
GOLF COURSE - Greg Gardner, Golf Course Director
GROWTH MANAGEMENT DEPARTMENT- Tracy Hass, Growth
Management Director,
AIRPORT - Jason Milewski, Airport Manager
POLICE DEPARTMENT - James Davis, Police Chief
(7:15 pm)
Police Department continued.
6, PUBLIC WORKS - Terry Hill, Public Works Director; Chris McCarthy,
Parks Superintendent; Kip Kelso, Cemetery Sexton
7, ENGINEERING - Dave Fisher, City Engineer
Mayor Barnes called recess from 8:01 p.m. to 8:10 p.m. All members were
present when the meeting was reconvened.
Tape II- Side
8. HUMAN RESOURCES - Jim Sexton, Human Resources Director
1(8:19pm)
9, CITY CLERK - Sally Maio, City Clerk
1 0, CITY ATTORNEy - Rich Stringer, City Attorney
City Council Budget Workshop
August 21, 2001
Page Three
11.
FINANCE DE..P..~...RTMENT/EXPLANATION OF SPECIFIC EUND
BUD~ETS~NON-DEPARTMENTAL AND GENERAL FUND REVENUE
The Finance Director, Mark Mason, briefly presented his department's
accomplishments and goals and then gave a presentation on the trend in general
fund revenues (see attached).
No changes to the proposed budget were recommended. (The detailed
proposed budget document including goals and objectives is available in City
Hall.)
B. COUNCIL COMMENTS/DiRECTION
Mayor Barnes asked for public comment at this time, however, there was no one
from the public in attendance, with the exception of members of the Citizen
Advisory Budget Review Board.
City Council members commended staff for their presentations, their
accomplishments dudng this fiscal year and for being proactive. Additionally,
the City Manager and Finance Director were commended for a comprehensive
and easy to understand budgeting process.
5. Being no further business, Mayor Barnes adjourned the workshop at 9:25 p.m..
Approved at the August 28, 2002 Regular City Council Meeting.
Walter W. Barnes
Mayor
Sally A. Maio, CMC
City Clerk
HOME OF PrAJCAN ISLAI~D
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject City Employee Picnic at
Community Center
by:
Agenda NO. ,~,~
~ ·
Department Origin: City Manager ,,,
Date Submitted: 8/113/02
For Agenda of: 8/28/02
Expenditure Required:
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
The City Employee Appreciation Picnic is planned to be held at the Community Center this year on September
17, 2002, In accordance with Ordinance O-00~20, use of alcoholic beverages must be approved by City
Council.
RECOMMF. NDED ACTIO~
Move to approve use of alcoholic beverages at the Community Center for the Employee Appreciation Picnic
on September 17, 2002.
SEBASTIRN
BOM,[ OT PF~I,ICAN ISLAND
NAME OF PERMI~E:
!
ADDRESS OF PER_Mlqq'EE: /~~
No.
CITY OF SEBASTIAN
RENTAL PEtLMIT APPLICATION
~ COMMUNITY CENTER
Street
YACHT CLUB
~CmA~D ~BR OF PE~ONS A~~G E~: /~
0~ Use ~y
1. ~e You a Resider of Seb~? ~ Non-~sid~t.
2. Wi~ ~ere Be ~ A~on or Door C~gc? ~ To~ ................ $
3. W~ ~holic Bev~agcs Be Se~ed? ~ T~ ..................
(a) ~ =~r to ~3 is Yes, Pe~.e's ~~~ P.O. S~ces
To~ ............... $
M~e chec~ payable to Ci~ of Sebas~ (A se~ce fee of ~% or $10.00,
w~chev~ k ~eatg, my be c~ged for a ~onomd ~ p~ C~
~solufion No. R-96-41)
SECURITY DEPOSIT ..............
RENT .............................
7~TAX ................... ' ........
POLICE OFFICER SERVICES
SZSO.O0
OFFICE USE ONLY
DATE PAID
RECEIPT' NO. INITIAl ~
Alcohol Beverage Request
[] APPROVED
[] DISAPPROVED
Po[ice Deparmaent Agreement Confirmed (ff applicable)
Key Pickup Date: Key Returned Date:
Date
Security Deposit Keunmecl By City Chec~
For $
TO lz1~TE~ O1~ S]~A~I'TA~ COMMC.TJffry CENTEK OK YACX-IT CLUB:
A deposit of two-hundred fn°cy dollars ($250.00) for cleanup must be zru~de with the application.
This ciepostt ~s refundable if the building is 1~ dean and undamaged by permittee.
If cleaning or repair.!s necessary by City ernPlo~es, this deposit or a portion of the flepo~it shall
be forfeited, b~ed on information' supplied by the ~..pe~rintenclent ofbuiMings.
' ;Date
>,. civic :
.City Cl~'k'
and regul~-tions and agree to ~'the conditions listed. Furthermore, i understand that neglecting
to dean the premb.' es irnme~iately ~d win result'in forfeiture, in part or full, ofthe, s~
deport.
RE$OLUTI,,O~ N..O..,, R..0!,-13
A RESOLUTION OF THE' CITY OF SEBASTIAN, INDIAN. RIVER COUNTY,
FLORIDA, . DESIGNATING CLASSIFICATIONS FOR RECREATIONAL
FACILITIES IN THE CITY; ADOPTING PROCEDURES AND FEES FOR
RECREATIONAL .USE PERMITS;* PROVIDING' FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, City' Coun'cil, at its Septsmber 13, 2000 Regular Meeting, adopted
Ordinance No. 0-00.20, amending Article I Chapter 74 of the Code of Ordinances, Parks and
Recreation - In General, setting out new provisions for use of City Recreational Facilities; and
WHEREAS, Section 74-2 pm.rides for .designation of classification of each Recreational
Facility in the City by resolutioni and
WHEREAS, Section' 74-6 provides for establishing reservation fees, electrical and water-'
utility use lass, and security' deposit fees by resolution; and
WHEREAS, the rules and fees set out in the existing resolution for'the Yacht Club and
Community Center need to be revised.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Se~.'on1.. CLASSIFICATION FOR EACH RECREATIONAL FACILrTY.
accordance with City Code Se~ion 74-2, the following classifications are designated:'.
In
Recreational Facillt7
Community Center
Yacht Club
Barber Street Sports Complex
Schumann Park
Rive~iew Park
Easy street Park
.Blossom Park
Hardee Park
Garden Club Park
indian River Ddve E~oardwalk
Yacht Club P. ier
Main Street Pier & Parking Area
Rotary Club ·Pier
Classification
Enclosed Public-Use Facility
Enclosed Public-Use.Facility
Open Air Public Use Facility' "
Open Air Public Use Facility
Park Area
Park Area
Park Area
Park Area
Park Area
Waterway Facility
Waterway Facility
Waterway Facility
.W. aterway. Facility
Section 2. RULES AND SCHEDULE OF FEES FOR USE OF ENCLOSED PUBLIC
USE FACILITIES,
. in addition to those provisions set out in the Code of Ordinances, the 'City Council
hereby adopts.the following provisions governing use of enclosed public use facilities (the
Sebastian Community Center and the Sebastian Yacht Club):
A, It is the'policy of th~' City of Sebastian that no waivers of the rental 'or secudty
deposit will be permitted, except' as otherwise provided for;in this Resolution. B. Use permits are not transferable.
C, The permittee for 'any function at which 76 or more attendees are anticipated
shall be required to hire one or more Sebastian police Officers to attend the function for security
purposes at the ram established by the' City Manager for City officers hired for private ~lut'y,
unless waived by City Council. The ratio o~ the number of attendees to required officers is
attached hereto as Exhibit "A". Verification of the agreement with the Sebastian Police
Department shall be obtained by the City Clerk's office prior to issuing a key to the perm~ee. If
the Police Depar~,ent vsflfies that a sufficient number of School Resource Officers will be used
2
to handle securit? for a teen dance/function, hiring of police officers is not required. Private duty
police officers shall be available for grOups of any size if requested by the permit'tee,
D. ' Us~ Rates for Corn .munltv Center and Yacht Club are as follows:
Public Use Facility
Community Canter
Yacht 'Club
Resident Rates
.Four (4) hrflat rate $150.00
Each Additional hfs 25.00
Four (4)hrflat rata $ 75,00
Each Additional hr $ 15.00
Non-Resident Raf~ss
Four (4) hr ftat rate $ 225.00
Each Additional hr $ 37.50
Four (4) hr flat rata $110.00
Each Addition~l i~r $ 20.00
E, E~ernotion from Rates: The Sebastian PrOper~y Owners Association is exempt
from payment of fees up to a limit of two meetings per month at ihs Yacht Club based on prior
agreement wi~ General Development Corporation. .
F. Not-for-Droffi Or.qan,izations: In the event that the applicant is a school~ church,
or other ta~ exempt-entity, as defined by the Internal Revenue Service Code, the charges for
use of the Sabastian Community Center or the Sebastian'Yacht Club shall be one-half (%) the
regular .rate. '
Secflo,n 2. RULES AND,SCHEDULE OF FEES FOR USE OF PARK AREAS:
In furtherance ~>f those rules and provisions set out in the Code of Ordinances for use Of
park areas for park events and special ,events, the City Council hereby adopts the following.
schedule of fees:
Type of Fee
Reservation Fse
Electricity or Water*Use Fee
Secudty Deposit
Park Event ($0-300)
50,00
15.1~0 ~ day
25.00 full day
q0o.0o
Special Event (300+)
$100.00
$ 50.00 minimum subject to
increase based on intensity
100.00
Further, residents may reserve use of the Picnic Pavilion at Riverview Park for a half day
(four hours) rate of twenty-five dollars (,~25) or a full-day for fifty dollars ($50), with a twenty-five
dollar secudt3/and clean-up deposit,
Section 3. All Resolutions or parts of Resolutions in 'conflict herewith are
hereby repealed.
Section4. This Resolution shall become effective immediately upon
adoption:
..~.~~ foregoing. Resolution was moved for adoption.,~_..C...ou~cilmember.
. , The motion was seconded by Councilmember ~ .
and, u~3oh/being put into a vote, the vote was as follows: ' ~,//" ,
Mayor Walter Barnes
Vice Mayor Ben Bishop
Councilmembsr Joe 'Barczyk
Councilmeri3ber James Hill
COUncilmember Edward Majcher
The Mayor thereupon declared the Resolution dully passed and adopted 'this 14 day of
Februar3,, 2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Sally A...~io, CMO/
City Clerk
(S~U~L)
Walter Barnes, Mayor
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, ~-'~, ArVey
~IT '~A~
1. Adul~ functions with:
'Up to 75 gu~ ......................................... No Officer Requ~d
75 ~o 250 guests ........................................ 10J~c= P.~quir~d
251 ~o ~00' gu~s'~s ................................... 20J~fic=s Required
2, '.High SehooI or Jr. High Dauces/F~z~dons with:
Up ~o 99 siud=n~ ..................................... No Offlc=r Roquired
100 ~o 199 stmi~m ............ i ......... ~ ........... 1 0~o= P~quir~d
200 ~o BOO* mudemts ............................... 20~fl~=s Roquir~d
'*Mmxim'o.m Oc;upm~oy L~m~ 8/16/99 - Capl:~ Diggs, Fir~ Ius'p~°'t°r of I. iL CounV
7
CITY OF SEBASTIAN MUNICIPAL POLICE DEI~ARTM~NT
Application for 1%lice Department Extra-Duty ofrmer Services
Th/s application is required to cnial~ cxtta-dutT services o/the r~qucsmi number of Officers for public safety,
health and .welfare sereices, that arc in addition to those provided generally to the public. It is tmdemood that this is
a non-bhldi~ a/~'eentent. A minimum ot'five (5) days advance notice is requested prior to thc service date and
advanced ~t i~ x~quired. Cancellation ofth~ derail, with k~s m.~ 24 hours nofi~e.pri~to co--to
detufl, will reamlt in three (3) hours mlnimam bilUng per Officer. Payment should be made payable to the Cit7 of
Sebasfiaxg 1225 Muin
***(3) Hour Minimum Per F_ach Offic~ P. equired***
~ Per Hour For I/ach Officer ........ $25.00
Pate P~r Hour For Eac~ Supc~isor ..... $2P.00
Rat~ P~r ~ For F_ach Vehicle ..... $0.35/$5.00 Min.
(Appli~ to on-site uJ/]i~ion af vehicAe only)
e , /
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: j .........
~~ By:
Officer's Si~we
Date Worked
Time c/'Day Worked
City of Sebastian, Florida
Subject: Recycling and Paving of various
city roads
Approved for Submittal by:
Ter~~~ger
\ /
Department Origin:.Engineering
Dept. H : 6-.
Finance:~..~~
General Services:~
Date Submitted: 08/22/02
For Agenda of: 08/28/02
Exhibits: List of Streets, Letter from DickersOn, County Contract with Dickerson
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: $42~,517.97 $ 469,930 REQUIRED:
SUMMARY
The Engineering Department is requesting that several streets in the City located in Units 1, 8 and
10 (see attached list) be recycled and then paved. Asphalt Recycling has a current contract with
the City and has given us a price of $141,298.42, which conforms to their approved contract price
of $4.10 SY. Also, we have negotiated with Dickerson Florida, Inc. the current asphalt-paving
contractor for Indian River County to piggyback their county contract bid prices for paving these
streets, at an approximate cost of $224,470.37.
~COMMENDATION
Move to authorize the expenditure of $141,298.42 to Asphalt Recycling in accordance with the
approved contract prices and authorize staffto execute a contract with Dickerson Florida, Inc. for
paving based on piggyback prices from the Indian River County Contract.
DIOK~R~ON FLORIDa, INC.
COMPANY OF THE DICKEI:~ON GROUP, INC.
3340 $.E. Dixie Highway
8tuall, Florid~ 34997
P.O. Drawer 719
(r~) 2aT-sa2o
FAX (se1) ~.46so
Ms. Linda Kinchen
City of Sebastian
1225 Main Street
Sebastian, FL 32958
June 19, 2002
Re: Indian River County Annual Resurfacing Contract
Dear Ms. Kinchen:
In accordance with our telephone conversation of yesterday
and previous correspondence regarding resurfacing streets
and roads within the city limits of the City of Sebastian.
Dickerson Florida, Inc. is in agreement for the City of
Sebastian to '~Piggy-back" on the Indian River County Annual
Resurfacing Contract unit prices.
Should you have any questions relative to this, please feel
free to give me a call.
LTD:cfm
Very truly yours,
DICKERSON FLORIDA, INC.
Prers~ent~)~~'---
~r~~ale
Email: m~Aaasin~ @bc:c.co,inctian .rtwr, fl,,s
Tel: (772) 567-8000 ext. 1~18
Fax: (772) 770-5140
Dat~:
To:
Arm:
May 29, 2002
FAX COVER
Sebastian Public Works
Lincla Kinch~n
Fax Number: $89-6209
From: larry Davis, Purch~ing
You should receive a total of 9 pages, including this cover sheet page, if you are not reccivin8
clearly ,or d~ not have all thc pages at 'the end of this transmission, plm~se call (772) $67-8000
cxt. 1418. ·
1~ RIVER COUNTY, FLORID,~~-.~'
DEPARTMENT OF GENERAL SERVICES
PURCHASING DIVISION
DATE:
TO:
October 10, 2001
BOARD OF COUNTY COMMISSIONF_.,R.$
FROM:
Sr, YBIBCT:
l~rle~ E. Chandlcr, County Administrator
Bid Award: l~C ~4010 Annual Bid for Asphak Paving and Resuffacing
Public Wcrtks Department / Ro_.a_d._.._andBridge Division
BACKOR~OUND INFORMATION
Bid Open/hi Date:
Advertising. Dams:
Bwad~ast on D~maridStar W:
Sp~cificatlon l~quest=d by:
Rephes:
September 5, 2001 at 2:00 P,M.
August 15 & 22, 2001
Four Hundred Ninety Four (494) Vendors notified
Eeven (! I) Vendcri
Three (~) Vcmdors
BID TABULATION
SEE ATT&CH2ED B[l) TAB~,A. rlO~
.RE .COMME',~ATION
.stuff recommends awarding ~kis bid as follows:
Award Items # 1 through 8 to D/c_/i~,~mon Fl~r/~ l~e. as the lowest and moat responsive
bidder meeting the specifications a~ set forth in the Invi;ation to Bid, In addition, make a
multiple award for Item # 9 (County to pick-up $.1[II Asphalt Conm~te) to the following
vendors: ~_']lerfo~ffiorlg~_.[a¢.,; ~an_ee~, Cor~r~tia~ !~_d~tri~ iti¢.j ~ntt Comm,unit~
Asp/mit ~orp. a~d the authorizing staff to purchase material based on availability,
Establish an Open End Contract for thc period October 1, 2001 through September 30, 2002
witli recommended vendor, ]Last years expenditures totaled $686,900.00. Thc new year bid
prices reflect a 3t~, increase against the 2000 pri~s of Bid ~ 3017. The projected expenclttur~s
for 2001 are $920,000.00.
Authorize ti~ Purchasing Manager to r~new this contract for two (2) additional on~ (1) year
I~riods subject to satisfactory imdorm~co, zero cost increase, vendor acceptanc~ and the
d~t~minatlon that renewal of this annual contract is in the best interest of the County,
COPY TO:
3o~ Baird, Assisumt Coun~ A~mltnislrator
~ason Bm~n, B~ ~
Jim ~vis, ~b~ Wo~ D~or
APPROVED AGENDA ITE.'Vt
__~_ ~.. ~r, C5'-~ Alimimstra~or
TRRM CONTRACT # 4010
FOUR ASPHALT PAVING & RF~URI~ACING
TO:
Dick~r~on Florid~ Inc
P O Drawer 719
Sram,FL 34~5
This is to inform you that the Indian River County Board of County Commission .~ts
hereby enters into a tm'm contract to the following:
TF~MS AND CONDITIONS
1. Acceptance:
This =ontract is our .,co. prance of :fgur offer in respons~ to our Invitation to Bid #
4010 to furnish Alphah Paving & Resudaclng for the County Departments at the
prices listed below or ~ thc attached agenda. This a~enda was approved by the
Board at tl~ir meeting of October 16, 2001.
s.ri'[ Asphalt for projects rexluiring $38,41 / ton
500 tons or more
$-11i Asphalt for projects r~luirin$ $42.61 / ton
100 to 49~ tons
S-Ill ASPhalt for projects requiring 346.70 / ton
20 to 99 tons
c re=ito $,I ia
$0.00 / No Charge
of S.RI ....
T~.k Coat , ,. $0.86 / Iptllon
Pri~n~ $1.20 / gallon
Tie-las $0.85 / sq fl
$.m Asphalt to I~ pickcd-~p at $26.70 / ton
plant by Cotm~ trucks
/
2, Term of Contract:
A, This is a one (1) year term contract for the time period specifieA heazln, during
which thc County may order products / s~rvices covered by this contract as
the r~quir~m~nts d~mand and the vendor shall deliver the services / products.
The County is not oblisamd to pm'chase any minimum amount of s~Mces.
B. This contract becomes effective October 1, 2001 and shall remain in ~f-fect
throush $~¢emb~r $0,
Xk~i~S~RyB.~'d~BLIOPurehasln~~nual l~id$~ C~o~t.doo
C, Th~$ contract may be rmew~l, by mutual ~m~ for additional ~
YEAR periods up to a cumulative total of THREE {3l,.~_~OtS at the same
prices, terms and conditions. Arty change in price, tm~ns or conditions shah be
accomplish~l by wrimm sm~dment to this contn~ with final approvs~
requiring Bo~d action.
D. This contract may be ~ncekd by the vendor, fo~ good cause, upon ninety-
(90) daYs prior written notice. The County retains the right to canoe] this
contract, with or without ~ cause, upon thmy- (30) days l~ior wrl~n
notice.
Ord~ng against Cont~a~t:
The Road & Bridge Department will place order~ against · Blmik~t Purchase
Order munber and x~fercncc this contract. F.~ch Release Order will specify the
quantity, dcso-iption mid location for de~ive~.
The obligations of Indian River County under this contract arc subject to need and
availability of funds lawfully app~q~riated for il~ purt~ by the Board of County
Commtssioners~
Tho County has the iollowint Tax Exemption Certificates a~signed.
A, Ce~flcate of Rogistry No. 59-80-0032K for mx-free trnnsa~ona tmdar
Chapter 32, ~temal Revenue Code.
B. Florida Sal~s md Ute Tax Bxm~ptiou Certificate No. 41-05-012529-53C.
Invoices shall be submitted, in duplicate, referencing this contrnct number nnd the
Blanket Purchase Order Numb~ to:
Indian Rivtr County Finance I~pamr~nt
18~ ~* Street
Veto Beach, FL 32960-3394
Invoices agatmt this contraet are authorized only at the prices stated in your bid
Board of County Commissioners
imilnn River County, Florida
Finn Powdlll, lv~maps~
Putehm~tuS Division
b~te,
~ COlqTR~CT # 401~
FOR ASPHALT P&~NG & Ri~/U~&CIN~
Community Asphalt Cca'poralton
5100 2Vth Coral
Vero B~h.FL. 311967
This is to inform you flint the India~ River County Board of County .Commissiom~.
h~r~y ~nter~ into a term contra~t to ~h~ following:
AND CONDITIONS
1. Acceptance:
This contract is our acceptance of your offer in r~sponse to our Invitation to Bid #
d010 to famish Asphalt Paving ,l, Resurfacing for the County ~nts at the
prices listegl b~low or p~ the att. ached agenda, The Board at their me~ting of
October 16, 2001 approvext the award of thi~ bid
PitODU~ ......... UNI? I'RIC~
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2. Term of ContraS:
A. This is a or~ (I) ye. ar tm'm contr~t for ~ ~ p~ri~d specified he. in, d~ng
which ~e Co~ty ~y ~r p~ucts / ~ c0ve~ by ~is contact ~
· c ~~m ~d ~d ~c v~ sh~l ~v~ ~e ~ices / p~ts.
~e Cowry is n~ ob~ga~d m p~h~c ~y ~nim~ ~ount of ~$.
B. ~is ~on~t ~om~ ~ffccfivc ~o~r 'I, ~1 ~d sh~l ~n in ~t
C. This r. antr~ my Iz renewed, by mutual egreemcnt, for ex~itional ONE(l)
~A]I[ periods up ~o a cumulative totad of 'rHtlEE (~) YE&I~, at the same
prioe~, tenm and conditions. An), eh~nse in la'ice, ~erms or con~tions ~11 be
aceomplisimed by written anmndm~nt to this contract with finnl approval
D. The vendor, for good cause, upon ninety- (90) ~{ays prior wrlttea nott~ may
cancel this ~ontmct. The County retains the risht to cancel this contract,
or without good cause, upon thirty- (210) days prior written notice.
Orderin$ against Contract:
The Road & Bridge ]Z~p~t will pla~ orders against n Blanket Purchase
Ou~r number and referen~ this contra~t, Each Release Or~r will specify the
quantity, description and k~ation for delivm~y.
The obli~ttions of Indian River County under this contract nrc subject to p. ecd and
availability of fuuds lawfully appropfiatt~ for its propose by the Board of County
Commissioners.
The County has thc following Tax Exemption Certificates assi~t,
A. Certificate of Re{istry No. 59-80-0032K for ~-free tran~ns unck~
(Zhapier 2{2, internal Rewnue Code.
B. Florida Sales and Use Tax Exemplion Curtifiuate No, 41-05-01252g-53C.
Invoices shall be submitted, in duplicate, raferencing this contra~t number and thc
Blauket Pm-chase Order Number to:
Indian River County Fimmce Depam'nem
1840 25~ Street
'Veto Beach, FL 32960-3394
Invoices against this contract arc authorized only at the prices state~t in your bid
n~pon~.
Board of County Commissioners
indian River County, FI _m~da
Fran Powgll, Maml~r
Purchasin~ Divlston
Dam
TERM COI~,ACT # 4010
FOR ASPHALT PAVING & I~SUg.F~CING
P. ang~r Construction Indus~cs Inc
~510 Oiad~ Cut*Off
Fl Pierce,FL ~979-45:~9
This is to inform you tha~ the Indian. River County Board of County Commissioners
hereby enters into a term contract to the following:
TERMS AND CONDITIONS
I. Acceptance:
This contract is our acceptance of your offer in response to our Invitation to Bid #
4010 to furnish Asphalt Pavins & Resurfacing for thc'County Depamnents at the
prices listed below or per the attached ageflda, Thc Board at their meeting of
Oclobcr 16, 2001 approved the award of this bid
S-IH, Asphalt to be pi~p by
County tn~ .............
$26.00 / ton
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2. Term of Contract:
A. This is a one (I) year term contract for thc time period speolfled he.,'ein, during
which thc County may order products / sc-rvic~s covered by ti/is contra~t as
thc requirements demand and the vendor shall deliver the services/products,
The County is not oblisated to purchase a~y minimum amount of scrvice~.
B. Thi~ con,Fact .becomes effeaivc O~rob~r 1, 2001 and shall fi:main in eff~t
fl~'ough $1~or~mb~r $0, 2002.
This contract may bc r~newed, by mutugJ a~emuent, for additional ~
~ periods up to a cumulm~vc total of THRF~ ¢3) lEARS at the same
p~ces, terms and conditions. Any chsn~e in price, tm'ms or conditions aha]] be
accomplished by written amendmen~ to this conu'act with final approval
requiring Board action.
The vend~r, for Sood cause, upon ninety- (90) day~ prior written notice may
cancel ~his conffac~. The Cotm~ f~ta~ the ri~ht to cancel this contract, wi~h
or withom Sood came, upon thirty. (~) days prior written notice.
3. Orde~u~ agsin~t Contract:
Thc Road &Bridgc Depot will place orders against a Blanket Purchase
Order number and r~fer~n~ this contract. ~.~h Release Or~e~ wffi specify the
quantity, d~scription and location for delivery,
The obli~tions of Indian Rivet* County trader this cont~ac! arc sttbje~t to need and
availability of ~nds lawfully appropria~.d for its pttrposc by thc Board of County
Commissioners.
4, Tax~s:
Thc Coun~ has the following Tax F.,xemption
A. Certificate of Registry No. 59-$0.4X}32.K for tax-free ~'amactions unde~
Chapter 32, Internal Itevenue Co~.
B. Florida Sales and U~ Tax Exemption C..crtificate No. 41-05-012529.53C.
~mvoic~s ~hnll be subntitt~d, in dul~icate, mfer~ndng this contract numS~r and the
Blanket Pur~h~ Order Number tO:
Indian River County Finnncc Department
1840 25"'
Yero Bench, FL 32960-3394
Invoices nBntnst this contract are au2~rize, d only at t~ ~ s~ in yo~ Md
Board of County Commmionm
Indian River County, FJortda
By
Pmn Powdl,
Parr. htsir~ Divb~on
/o -/ii'- 2c:,c:,/
D~.
City of Sebastian,
Florida
Subject: Resolution No. R-02-38
Vacation of Easement -
Lot 11, Block 405, Sebastian
Highlands Unit 11
Exhibits: 1) R-02-38
EXPENDITURE
REQUIRED: None
Agenda No.
Department Origin:
Date Submitted:
For Agenda of:
Growth M~g~em~nt
8/21/02
8/28/02
2) Site MaP 3) StaffReport
IAMOUNT BUDGETED:
None
4)Ai
~plieation 5) Utility Letters
APPROPRIATION
REQUIRED: None
SUMMARY
This is a request for vacation of three (3) feet of the rear twenty (20) foot public utility and
drainage easement located on Lot 1 l, Block 405, Sebastian Highlands Unit 11, 1759 Skyline Lane.
The three (3) feet is needed for the construction of a swimming pool.
Adopt Resolution No. R-02-38.
RECOMMENDED ACTION
RESOLUTIONNO. R-02-38.,
A RESOLUTiON OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN
EASEMENT ON LOT 11, BLOCK 405, SEBASTIAN HIGHLANDS UNIT
11; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR
RECORDING; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the owner of the land at 1759 Skyline Lane has filed a request for a partial
abandonment of the public utility and drainage easement along the southern lot line of the site;
and
WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have
all consented to abandonment thereof.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. VACATION OF EASEMENT.
Sebastian does hereby vacate, abolish, abandon and
The City Council of the City of
discontinue all of that portion of land
previously dedicated for a public utility and drainage easement described as follows:
The northern most three (3) feet of the southern twenty (20) foot public utility and drainage
easement located on Lot 11, Block 405, Sebastian Highlands Unit 11, less the eastern most
six (6) feet and western most six (6) feet thereof, as recorded in Plat Book 7, Pages 56 and
56L &the Public Records of Indian River County, Florida.
all located within the City of Sebastian, Indian River County, Florida.
Section 2. CONFLICT.
herewith are hereby repealed.
Section 3. RECORDING.
records of Indian River County, Florida.
Section 4.
upon its adoption.
The foregoing
All resolutions or parts of resolutions in conflict
EFFECTIVE DATE.
This resolution shall be recorded in the public
This resolution shall take effect immediately
Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor James A. Hill
Councilmember Joe Barczyk
Councilmember Ray Coniglio
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Resolution duly passed and adopted this
., 2002
CITY OF SEBASTIAN, FLORIDA
day of
ATTEST:
By:
Walter Barnes, Mayor
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
re~, c_.....~y ~eA?..i~/of Sebastian only:
Rich Stxlnger,'Ci~ Att~g~y
LOT 15
BLOCK 40=,
(OCCUPIED)
'~.EPTIE; OUT OF I~&'NGE
E"XISTING
HELL
..~1~,
\ LANE
, N6-~---~.S-~,ii,,E26q.42, -~ ~'D ~"~"L ........ N6q.5~,ii1, Eso~ ¢'~ R/N'i~O~Ot ~
~/~ ~o~ ..... ~ ' ' x ~/~ ....
LOT I0 q ~ ~ ~a's'~' ~.s~,
VACANT) ~0.~-~ ~1 ' ' '
¢¢' ~ '"'LOT II ~ ¢ LOT 12
~ ~ DL~K 405 ~ I .L~ 405 I
1j -
.,~' - ~ ~o.oo' ~'
DRAINAGE RIGHT
(I.qIDTN VARIES)
OF NAY
GRAPNIC SCALE
I
I_OT5 II $ 12, BLOCK 405, ~EBA~TIAFI FIIGNLAND5
UNIT I1~ ACCOI~DING TO THE PI_AT TI-IEREOF, A5
RECORDED I1',1 PLAT BOOK 7, PAGE5 56 AND 56L,
OF THE PUBLIC RECORD.% OF INDIAN RIVER COUNTY,
FI_ORI DA,
PLAT OF SURVEY FOt~: FI~ANCISZEK L. t ESAt~ESAFRA T..ZALESKI
TYPE'. DOUNDAR'r'~ TREE ~ TOPOGRAPHIC SURVEY DATEi 5/16/01
PRO J. NO. 01-122 F,B. 21' PG. 10
DNN, BY~ PRB SCALE, I"= ~0'
EKE). Bl', 5AI4
'rltl.G PLAT AND REPORT ARE NOT VALID HITHOUI' TI.II-~ 516NA'FURE AND TIlE ORIGINAl. RAIDED
DEAl. OF TI-JR FLORIDA REGI:STERED DIJRVEYOR AND flAPPER HAI'IED HEREON NI4ICI4 DI~2NATURE
AHD DEAL I'IAT BE FOUI'ID Al' THE El-ID OF THE ^TTACHED REPOI. T'I'.
k,,,._THE PLAT AND REPORT ARE NOT FLILL AND COMPL. EI'E HITttOUT ONE AHOTI.IER.
( IN FEET
I Inch = DC
NO. 01-I22 LOT5 II ~ 12, BLK. 405, 5.HIGt-I. UNIT
ABANDONMENT OF EASEMENT
Staff Report
Project Name: Swimming Pool for Frank Zaleski
Requested Action: Abandonment of the northern most three (3) feet of the south twenty
(20) foot public utility and drainage easement located on Lot 11, Block 405, Sebastian
Highlands Unit 11, less the eastern most six (6) feet and western most six (6) feet thereof.
Project Location:
a. Address:
b. Legal:
Project Owner:
a. Name:
b. Address:
Project Agent:
a. Name:
b. Address:
1759 Skyline Lane
Lot 11, block 405, Sebastian Highlands Unit 11
Frank Zaleski
P.O. Box 700696
Wabasso, FL 32970
Tropical Pools (S & T Masonry)
2864 6th St. S.W.
Vero Beach, FL 32968
Project Description:
a. Narrative of proposed action: Applicant wishes to abandon the northern most
three (3) feet of the south twenty (20) foot public utility and drainage easement on Lot 11,
Block 405, Sebastian Highlands Unit 11, in order to build a swimming pool.
b. Zoning:
c. Future Land Use:
d. Existing Land Use:
RS-10
LDR
Single-family residence (under construction)
Utilities Comments:
a. Florida Power & Light: approved
b. Southern Bell: approved
c. AT&T Broadband: approved
d. Indian River County Utilities: approved
e. City Engineer (drainage): approved
Zoning Technician Comments:
Staff Recommendation: Approve Resolution R-02-38
Prepared by
City of Sebastian
Development Order .Application
Pen'nit Applic~tiorr No.
Applicant (If nat owner, written authorization (notarized) fram owner is required)
Address:
Phone Number:. (
FAX Numt~en ( ) -
E-Marl:
Owner (If different from applicant)
Phone Numben ( ) FAX Numben ( ) -
E-Maih
Type of permit or action requested:
]
P~SE COMPLEE ONLY ~QSE SEC~ONS WHICH ARE NECESSARY F~R THE PERMIT OR ACTION ~AT YOU ARE REQUESTING.
COPIES'OF A~ ~PS, SURV~S, DRAWINGS, ~C. SHA~ BE A~ACHED AND 81/~" BY 11" COPIES QF ANY A~ACHMENTS
SHA~ 8E INCLUOED. A~AQH THE APPROPR~ SUPPL~AL NFOR~TION FORM.
A. Project's Name (if applicable):
B, Site Information
Addre..is:
Zoning Cl~ffi~on: F~um Land Use:
E;dsting Use: Proposed Use:
C. Description of proposed addvit~ and purpose of the requested perrni~ or action (at~ach ex/~a sheets if
.~c._~): ~p~,.,to., 3 / o ~' i¢ e~¢' go ~ ~ ~.~ ~-+-
DATE RECEIVED:
Form CD.200'I
ApH.,.,.,ed: 08727/97
FEE PAID:
RECEIVED BY,~__~__~
[Deve/opmenr Apptic::atJon
F?te Name: ODe
Permit ApplicatiOh' No.
D. Proj.:ect Personnel:
Agent:
Name:
Addre~
Phone'Numben ( }
E.Mait: ....
FAX Numben ( )
Attorney:
Name;
Address
Phone Number:. ( ) FAX Number. ( )
E-Mail:
Engineer:
Name:
Adclres~ .....
Phone Number:. ( ) FAX Number. ( )
E-Mail: --
Surveyor:
Name:
Address
rhone Numben ( ) FAX'Number. ( )
I, ,"B~NG~FIRST DULY SWORN, DEPOSE ~NO SAY THAW I AM 1'HE OWNER
AM THE ~G~ REPRESEN~A~E OF ~E OWN~ OF ~E PRQPER~ DESCRIBED WHICH I~ THE. SU~ECT ~R OF ~1~
ACCU~ AND ~UE TO ~E BEST OF ~ ~OWLEBGE ANO B~EF.
SIGNA~RE ~ ~A~
WHO IS ~:~SONALLY KNOWN T~..M~
AS IDE~TIF]CAT;ON, THiS ~_~TDAY
NOTARY~S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO J~__XPIRAT~ON
J Form CD.200'/
[~proved: 08/27/97
ermit Applicatio¢~ No.
Tl~e following i:~ required for all comprehensive plan amendment~ zoning amendment
(including rezoning)~ site plan~ condit~ona! u-~e permits, special use permits, variances,
except~on~ and appeals.
I~E ...... TH~ OWNER(S) ~ THE LEG'AL REPRESENTA~VE OF THE OWNER QF THE PROPER'Pr DESCRIBED WHICH IS THE
SUBJECT OF TN1~ APPUCAT~ON, HEREJ~Y A~HOR~ ~CH AND EVERY M~BE~ OF THE ~t~ ~~i~
~ARD/CoM~I~ION OF ~E C~ OF S~AS~N (THE "~OARO'~COMMI88tON~ TO ~HYSiCA~Y ~NT~R UPON THE PROPER~
AND VI~ ~E PROP~R~ IN CONN~C~ON W~ ~/OUR P~NOING A~PLJCA~ON.
I/WE HEREBY WAIVE ANY OBdECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARDJCoMMISSION ME~MBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERT[ON THAT M~/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER 'THE FLORIDA
CONSTrT1JTION OR THE UNITED STAT~$ CON~TFFUTION WER~: V1OL~T~D 8Y SUCH ENTERING OR VIEV~/ING.
THIS WAI~ER AND CONSENT IS @E]NG SlGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLJED, OR
=ROMI~kJ~E, BY ANY ~vIPLOYEE, AGENT, CQ~CTOR OR OFFICIAL OF
S1GNA~E DATE
~0 i~ pemanatly known to me or p~u~ ~"L~ ~ 0 ' [%
as identifi~on, thi~ ~ ~day of %~, ,
Nota~ $ S~n~ure' -- ~,~.
Pd~ Name of Notaw ~~¢ ~..
Commi~mn NoJ~piration
Seat:
~' ~~.~u~ j~
~ ..... ~ '~ . ..~- ~,-.
Form CD.200'1 . ] F~, .ge 3 of 3 Development Application
[ .Ap~oYe~f'. 0,~7'27/97 I Revf~ion: FTle Name: Doa
iE: 4BPM
MAIN ~RIEk'"T · SP.,BASBAN, FLORIDA 329~6
~O~ST lal)R ABANDONlWW-~W!' O~ EA~'¢'/'
Jul}, 30, 2002
origin.meat t~ b. ab~dom~d_: The ~orthem mo~ ~ (3) ~c o£d~ souza ~
public ucLtity s~i dmmag, ~sem~ loca~ .o, Lot il. Blo~ ~05. S,~
759 Sk-'yFm~ Lane, Scl:rna'tiaa. Florida
U'i/LFTY: David lriaher, C~ En~inee~
~PRO~:~~~:
CO~: ......
Dc~ ~, City of Sd~,~iaa, Gro,~ M.aau~mem Department
No, (772) 589-.2566.
P.1
~225 MAIN STREET ,, SEBASTIAN, FLORIDA
R~OLTEST FOR ~])0.iVlV~tVT OF
July 30, 2002
Description o£ Ess~m~aut_to be ~b~done~:
-- (20) foot ~b~
Hi~&
_ ~afi0n of~eut: 1759:~e ~, Schm~ ~o~
U~: C~ ~/CooMe Sh~, AT&T Broa~and F~ ~O: ~63~
CO~~: , · ,
to:
Don[ Boswort~.C2ty of'Sebastian, Growth lV~nagemeat D~a~m~ent
F~ No. (772)589-2566.
uG 0 2 2002
l~ DEF~T T~EBiqSTI~ ~O.81B P. 1
122g MA;N STRE~ m SF_SASTJAN, FLORIDA ~2958
TELEPHONE (561) 5,89.S.S37 ,- FAX (561)
REOUEST ] OR ANDO
July 30, 2002
Descril~fion...of E~.~,m ,east .to be abandoned: The xzorthem rnost ~ (3) ~ of ~ sou~ ~
Hi~ U~t 11, less.~c ~ m~ ~ (6) ~ ~d ~ mo~ ~ (~ ~ ~o~
~n of ~me~: ~759 S~l~e L~e, Seb~ ~1~
UTILITY: Kevin N. Ostbus, 1.1LC. Ufllitie~
APPROVED: ~- , . . D~2~ ,~
COMMENTS:
FAX NO: 7'/0-5143
DATE:~
Rema-tl tx):
Don/Bosworth, Ci~ af Sebast/an, Orawth M~ma~cmcat ~ant
Fax No. (772) 559-2566.
SEBASTIAfl
FOR A~ANI)O~I~IELNT. OF EASElVlrEN~~
July 30. 2002
Doser~uO,On ,of Easment to be al~andon,~e~: The m~ most three (3) feet of fl~ south twenty
(20) foot ~i. ic utility and drainage ~ement lcr~t~d on Lot IL1. BlOck 405, Sebastia~
Highlands Urfit 11, less fl~ east~ mo~t six (6) fee~ and wes~n mos~ six (6) feet thereof
Location of Easement:
1.759 Skyline Lane, Seb~xian, Florida
FAX NO: (772)489~6224
R~etu~ to:
Dom Bo~or~ City of Sebasfi~m, Orowth Management Department
Fax No, (772) ~89~2566.
c:j: 191~M
BLD~ DEFer
July 30, 2002
UTILITY: Kh'k~lker, Bell South FAX NO: T'/2~651
APPROVED: V D~: DATE:~
APPROVEDADEN'I~D BY:' ""-""~~J'""'~----~-'~" , ~ ~
CO~: (~~)
Dom Bo~worth. City of Seba~tiaa, Orowfh M~eo~ Dep~ment
Fax No. (772) $89-2566.
City of Sebastian, Florida
Subject: Construction of a Veterans' Agenda No. ~2./~
Memorial
/~.pprov. ej:i for Submittal by: I Department Origin: .Engineeripg
//I Te~;r~e Mo~;~.~~nager I Dept..ea~
/I ,~ ~/~ ~ Finance: ~
~ ~~// ~ .... General Se~ices: ~ ~
...........
I D~t~ 8ubmi~d: 08/~/0~
For ~nda of: 08/~8/0~
Exhibits: Bid Tabulation Sheet- Bid Opening: August 19, 2002
EXPENDITURE BUDGET AVAILABLE: APPROPRIATION:
REQUIRED: $21,900.00
SUMMARY
In accordance with the City's Purchasing Ordinance, sealed bids were solicited for the
construction of the pad and wall portion of the Veterans Memorial at the new Riverview
Park Expansion site on the northeast comer of Harrison Street and Indian River Ddve.
The location and design of the memorial were done in coordination with local veterans
organizations.
Chilberg Construction of Vero Beach submitted the lowest bid of $21,900.00 for the
subject construction per plans and specifications.
As referenced in the attached award letter from the Florida Recreation Development
Assistance Program (FRDAP), $200,000 is being awarded to the City of Sebastian to
implement improvements in the Riverview Park Expansion area. Matching contributions
will be programmed via budget savings in the Capital Improvement Fund, to include
finanCing for this phase of improvements.
RECOMMENDED ACTION
Move to award a contract for the construction of the pad and wall portion of the
Veterans Memorial to Chilberg Construction of Vero Beach in the amount of.
$21,900.00.
, Department of'
Environmental Protection
Jeb Bush
Governor
Mr. Terrence Moore
City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re:
Riverview Park Development, Phase I.
FRDAP Project No. F03394
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
June 24, 2002
David B. Struhs
Secretary
Dear Mr. Moore:
Congratulations! We are pleased to inform you that the Florida Legislature has funded the 2002-2003
Florida Recreation Development Assistance Program (FRDAP) priority list. The City of Sebastian has
been approved for $200,000, which is a grant for Riverview Park Development, Phase I.
The support of the Legislature is critical for continued funding of FRDAP projects, With that in mind, a
ceremonial check for your project is enclosed. We encourage a joint event with your legislative
delegation and local elected officials. Your legislative delegation will be notified that your project was
funded and that the ceremonial check was sent to you. A sample of the lettex sent to legislators is
enclosed. We suggest you coordinate with them for a dedication ceremony.
To assist you with this grant, we will'8onduct two G-rant Implementation Workshops. The workshops will
be held in Tallahassee on July 25 at DEP's Twin Towers Complex and at the Kissimmee Civic Center on
July 23. Attendance'iS not mandatoryq~ut if you have not previously attended, we strongly encourage your
participation.,' 'Ali~WorkshoPs wilt .be held from 8:30 a.m. until noon. Driving instructions are enclosed. If
you have any questiOns, please'contact our office at (850) 488-7896. We look forward to working with
you on this project. '"
Sincerely,
A. Diane Langston
Community Assistance Consultant
Bureau of Design and Recreation Services
Division of Recreation and Parks, MS 585
Enclosures
cc: Ms. Wendy Spencer ~
P. S. Please let us know when your check presentation is set. We would like to celebrate with you!
"More Protection. Less Process"
~/nted an ret)tied p~per.
w~
H(~' or f~JL~CAN iS/AND
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject LPA Group Work Authorization -
Engineering for Bidding of Phase I of
Runway 9-27
Exhibits: LPA Letter, Cost Breakdown
Expenditure Required:
$26,097
Amount Budgeted:
Agenda No. ~2, ~ ~
Department Origin: Airport Director ~
Date Submitted: 8122/02
For Agenda of: 8/28/02
Appropriation Required:
$682,800
SUMMARY
As previously reported, we are currently in the process of initiating Phase I of the reactivation of
Runway 9-27. This includes the relocation/removal of many obstacles at each end of the
runway,
As may be expected, this portion of the project requires some significant design and
engineering work to be conducted in an expeditious manner so that we can meet our
September 20, 2002 deadline established by the Federal Aviation Administration. Based on
their extensive experience with Sebastian Municipal Airport coupled with their ability and
commitment to complete this work within the necessary time constraints, staff is recommending
that The LPA Group be given this authorization to complete this task.
Some of these tasks include conducting environmental studies (for fuel leaks, lead paint,
asbestos, etc.) on the facilities to be relocated and/or demolished, writing the bid specifications
for all of the respective tasks, determining exactly what areas need to be cleared and in what
manner, as well as coordinating the entire process with both the Federal Aviation Administration
(FAA) and the City of Sebastian.
The fee for these services will be $26,097. Ninety percent of this will be funded from the FAA
and five percent will be funded by the Florida Department of Transportation. The remaining five
percent ($1,305) will come from the Airport Enterprise Fund.
Once complete, in the next fiscal year, we will begin to seek yet another FAA grant to
rehabilitate the runway and to construct a parallel taxiway. If authorized, construction could
begin completing the process of reactivating Runway 9-27!
RECOMMENDATION
Move to approve Work Authorization #9 for The LPA Group, Inc. to provide environmental,
engineering, and bidding services for Phase I of Runway 9-27 inthe amount $26,097.
THE LPA GROUP INCORPORATED
TransportatiOn Consultants
IIIIII III Ill IIIII IIII III II m=m
12000 RESEARCH PARKWAY, SUITE 152 · ORLANDO, FL 32826-3287 · 407-306-0200 · FAX 407-306*0460
August 22, 2002
Mr. Jason Milewski
Airport Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Subject:
Sebastian Municipal Airport
Runway 09-27 Obstruction Clearing Proposal
Dear Mr. Milewski:
Enclosed please find a fee proposal for engineering services for the proposed Runway
09-27 Obstruction Clearing (Phase 1 of the runway project) at the Airport. If the
enclosed meets with your approval, please forward us a signed agreement and notice to
proceed.
Design Services
Our understanding of the scope inclUdes the following:
+ Provide plans, including the following:
o Cover sheet
o Safety plan and notes
o Obstacle Removal Plans and cart Path Relocation
o Demolish J&S Aviation and dispose of off-site
o Disassemble Velocity Aircraft and deliver to Owner at a location on the
airport.
o Relocate Golf Cart Path
e- Provide appropriate details for any removals
~- Provide 11" x 17" plans for inclusion in the project manual
~- Provide technical specifications (General Requirements and Technical
Specifications) for the clearing items.
~- Provide cost estimate and bid schedule for inclusion in the contract documents.
+ Asbestos survey and laboratory analysis, and preparation of an ACM removal
plan and specification, if necessary. (To be completed by subconsultant).
Deliverables include the following:
~- 1 review copy to the Airport at 90%
e- 2 bound copies sent to the FAA at 90% review stage
~- 1 set of unbound reproducible documents at bidding stage
· BATON ROUGE · CHARLESTON · CHARLOTTE [] CHICAGO · CoLuMBiA" GREENSBoRO· GULFPORTI KN0~ILLE MOBILE []
MYRTLE BEACH · ORLANDO · RALEIGH "" RICHMOND · BARASOTA · TALLAHASSEE · TAMPA · WEST PALM BEACH
Mr. Jason Milewski, Page 2
Bidding Services
Bidding Services include general coordination and the following: + Prepare for and attend the Pre-Bid Conference;
+ Issue addenda as necessary;
+ Assist the City in opening, tabulating, and evaluating bids; and
LPA assumes the followiri~ for bidding services: + The City of Sebastian will distribute Bidding and Contract Documents to potential
bidders;
+ The City of Sebastian will prepare the construction contract.
Note that this scope does not include services for construction phase services, and
does not include surveying, mapping, or geotechnical services. All existing information
will be used to develop the plans.
We anticipate this project to be completed quickly, by the end of August 2002. Please
call me at 407-306-0200 with any questions or comments. I look forward to working with
you on this first phase of the Runway project at the Airport.
Sincerely,
THE LPA GROUP INCORPORATED
<<original signed and mailed>>
Mark C. Jansen, P.E.
Project Manager
CC:
Mohsen Mohammadi, Ph.D., P.E.
File (TA4120011.1 d)
Exhibit B
COST BREAKDOWN FOR
RWY 09.27 PHASE I - REMOVE OBSTACLES
BASIC SERVICES
CLASSIFICATION
Principal
Project Manager
Senior Engineer
Engineer
Designer
Technician
Technical Assistant
TOTAL HOURS
TASK COST
PRELIMINARY
DESIGN
HOURS
BIDDING
HOURS
10
44
34
22
10
120
$10,570
32
16
8
56
$5,968
TOTAL
HOURS
42
60
34
22
18
176
$16,538
,DI,E,ECT EXPENSES
Computer
Reproduction
Postage
Communications
Travel
Subconsultant:
ACM (Asbestos) Survey & Testing
TOTAL EXPENSES
$273
$15o
$40
$35
$71
$8,6oo
$9,169
$150
$63
$35
$142
$39O
$273
$3oo
$103
$70
$213
$9,559
TOTAL COSTS
$ 9,739 ...............
$26,097
THE LPA GROUP INCORPORATED
8/22/2OO2
Page B-1
Exhibit B
SEBASTIAN MUNICIPAL AIRPORT
RWY 09-27 PHASE I - REMOVE OBSTACLES
MANHOUR ESTIMATE
Deslan Services
Item/Task Description
Coordination with Cit~
Prelim Plans Preparatior
Final Plans Preparatior
Coordination with FA,~
Coordination with Subconsultant.,
Details
Site Visits
Specifications
Preliminary Construction Cost Estimate
Quality Contro
Total:
Project Senior
Manager Engineer
10
8
4
4
2
6
8
4
6
,,, Designer
14
12
Technician
16
Technical
Assistant
2
4
10
THE LPA GROUP INCORPORATED
8/22/2O02
Page B-1
Exhibit B
SEBASTIAN MUNICIPAL AIRPORT
RWY 09-27 PHASE I. REMOVE OBSTACLES
MANHOUR ESTIMATE
BIDDING SERVIGE~
ItemFTaek Description
Coordination with Cit~
Pm-Bid Meeting
Issue Addende
Bid Opening
Review Bids & Recommend
Total:
Project
Manager
8
8
4
8
4
32
Senior
Engineer
Designe~r
Technical
Technician Assistant
16
THE LPA GROUP INCORPORATED
8/22/2002
Page B-1
City of Sebastian, Florida
OFFICE OF Ttt CITY' &TTOt ¥
AGENDA TRANSMITTAL
Subject: Appeal of P&Z Denial;
Capt. Butcher's Floodtide
Agenda No.
Date Submitted: 8/22/02
For Agenda of.' 8/28/02
SUMMARY:
This matter comes before the Council pursuant to Land Development Code §54-1~2.4(g)
as an appeal of the Planning & Zoning Commission denial of the site plan application.
The Council must consider the appeal solely on the record presented to the Planning
Commission at its July 18, 2002 hearing. This means that no new facts can be presented to the
Council. The applicant, staff, and any affected party are allowed to make arguments as to how
the facts before the Planning Commission support the denial or require approval. Modifications
to the plan may be proposed by any party, bm without new factual support. If new information is
desired, the preferred procedure is to remand the matter back to the Planning Commission for
further hearing.
The procedural order will be: } Initial presentation by applicant;
} Presentation of other affected parties;
~ Staff analysis;
~ Applicant' s rebuttal; and
} Council deliberation and action.
It will require at least four votes to change the determination of the Planning Commission.
RECOMMENDED ACTION:
ALer reviewing the record, the City Council may make one of the following determinations: 1. May uphold the denial of the site plan application;
2. May overturn the denial and grant approval of the site plan;
3. May approve the site plan with modifications, conditions, or in any other manner
which the Planning & Zoning Commission could have addressed the matter.
/'la
AUTHOIiIZED PLACEMENT ON AGENDA BY CITY
Growth Management Department
Site Plan Approval Application - Staff Report
Project Name:
Capt. Butchers Floodtide
Requested Action: Site plan approval for a mixed use development.
Project Location
a. Address: North Central, Jackson Street and Indian River Drive
Legal: See site plan.
indian River County Parcel Number: See site 'plan
Project Owner:
Capt'n Butchers, Inc.
1732 Indian River Drive
Sebastian, Florida 32958
(772) 589-2552
Project Agent:
Same as Engineer
Project Engineer:
Mosby and Associates
Randy Mosby
2455' 14th Avenue
Vero Beach,.FIorida 32960
(772) 569~0035
fax: (772) 778-3617
Project Surveyor:
James A. Fowler
929 7~ Avenue
Vero Beach, Florida 32961
(772) 562-4744
fax: (772) 562-0963
Project Description
Narrative ofproposedaction: M~'. Harold Adams, owner of Captain
Butchers, has filed a site plan review application for the proposed
development of a multi-use commercial/retail/residential development located
along North Central Avenue,' Indian River Drive, and the proposed Jackson
Street extension spanning the distance between the aforementioned streets.
Proposed development for the subject parcel is for construction of a 5
buildings consisting of retail/commercial/residential apartments and transient
resort units, together with associated parking, water and sewer service,
drainage, and landscaping. Access to the site will be via direct access to
North Central Avenue to the west, Jackson Street to the south and Indian
River Drive to the east. Proposed water service will be accomplished via
connection to an existing Indian River County Utilities water main, and
wastewater service will be provided by connection to the existing Indian River
County Utilities sewer system. Stormwater runoff for the proposed
development will be routed to a retention area located along the southeast
corner of the Property along Indian River. Drive. The site consists of 3.04
acres, or 132,511 SF of total land area. Of which, 57,540 SF (43.4%)is
proposed as impervious surface and 52,746 SF (39.8%) is proposed as open
North:
East:
South:
West:
area.
Current Zoning:
Adjacent Properties
Zonina
CWR
C
CWR
PS
Site Characteristics
CWR
Current Land Use
Future Land Use
Residential RMU
Indian River Lagoon Con
Residential RMU
Sebastian Community Center INS
(1) Total Acreage:
(2)., Current Land Use(s):
(3) Soil:
(4).. Vegetation:
(5) Flood Hazard:
, (6) Water Service:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
Comprehensive Plan Consistency
3.04 acres
a. Future Land Use:
b. Traffic Circulation:
c. Housing:
d. Public Facilities:
Vacant/Commercial Madna
lmmokalee, Pomella
Oaks, Palms,' Scrub
Zone X, AE (elevation 8')
Indian River County Utilities
Indian River County Utilities
Riverview Park- 2 miles
Indian River Fire - .5 miles
Sebastian Police- 1.5 miles
consistent
consistent
consistent
consistent
2
10.
f.
g,
Contents of Site Plan:
a.
b.
C.
d.
e.
f.
Coastal Management: consistent
Conservation: consistent
Recreation and Open Space: consistent
lot configuration: provided
finished ground floor elevation: proposed - range of 9' to 13'
contours and designating number of dwelling units: provided ' 24
square footage of site: prOvided - 132,511 SF
building coverage: proposed - 21,200 SF =.15.99% (30% maximum)
square footage of paved areas and open area:
paved
open (required = 25%)
setbacks: provided
83,465 SF =, 63% (80% maximum)
8,695,SF = 37%
multiple buildings and all meet minimum
setback standards. See site plan for specific detail.
scaled drawings- of the sides,, front and rear of the bull.ding or
structure:' provided - all buildings to .be. of identical design - see
attached.
generalized floor plan indicating uses and square footage of each
proposed use within each building, or structure: not provided -
please provide generalized floor plan details.
Building exterior construction materials and color: provided
building height: provided -maximum height not to exceed 35' for
buildings west of Indian River Drive and 25' for those east of IRD.
location and character of all outside facilities for' waste disposal,
storage areas, or display: provided
location and dimensions of all curb cuts and driveways: provided
number of spaces with their location and dimensions: provided
Residential
2 spaces/dwelling unit (2)
Commercial/Retail
1 space/200sf (21,065)
Hotel Motel/Transient
1 space/unit (46)
Additional Spaces Provided
Total Spaces
Required ProPOsed
4 4
106 106
46 46
11
156 167*
*This,figure does not include existing spaces ,to remain on site for existing
uses.
details of off-street parking and, loading areas (in__cluding
requirements of Article XV): provided
all off-street vehicular surfaces available for maneuvering: provided
surface materials: provided
number of employees: N/A
type of vehicles owned bythe establishment: N/A
If there is a combined off-street parking facility, required
agreements: N/A
LocatiOn of all pedestrian walks, malls, yards and open spaces:
provided
location, size, character, and height or orientation of all signs:
provided
location and character of landscaped areas and recreation areas:
provided
location, design and character of all public, semi-public, or private
utilities: provided
location, height and general character of perimeter or ornamental
walls, fences, landscaping: provided
4
11.
12.
13.
14.
15.
surface water drainage facilities plan certified by an engineer or
architect registered in the State of Florida: provided - the site plan
includes the requisite stormwater retention pond, which will also double
as a site amenity as the developer proposes construc.ting a boardwalk
around the retention area. Doing so will greatly enhance the appearance'
of the retention area.
aa. ·location of existing easements and right-of-way: provided
ab.
Land survey with complete legal description prepared and certified
by a registered surveyor: provided
ac.
Verified statement showing each and every individual person having
a legal and/or equitable ownership interest in the subject property:
provided
Site location and character of use:
provided
Appearance site and structures:
a. harmonious overall design: yes
b;
lOcation and screening of mechanical equipment, utility hardware
and waste storage areas: provided
commercial and industrial activities conducted in enclosed
buildings: yes
exterior lighting: provided -the lighting wi, Il. match the existing light
poles along Indian River Drive, . ,:~. ,. ' .... .
Access, internal circulation, off-street parking.and other traffic impacts:
a. internal circulation system design··· and access/egress
considerations: Provided
b. separation .of vehicular and pedestrian areas: provided
Traffic impacts: provided
Open space and landscape (including the requirements of Article XIV):
'Name, address and phone number, of the owner and designer:
provided
North arrow, scale and date, minimum scale of one inch equals fifty
(50) feet: provided
Property lines, easements, and right-of, way with internal and property
line dimensions: provided
5
Location of existing or proposed utility service: provided
Location and size of any existing or proposed structures: provided
Location and size of any existing or proposed site features, such as
earthen mounds, swales, walls and water areas: provided
Location and size of any existing or proposed vehicular use area:
provided
Location and size of any existing or proposed sidewalks, ~urbs, and
wheel stops: provided
Location of sprinkler heads, hose bibs, or quick cupplers and other
information on irrigation: provided
Calculations of required type, dimensions and square '.footage of
landscape materials and of required landscape areas, including: total
site area, parking area, other vehicular 'use area,, percentage of non-
vehicular open space, perimeter and interior landscape strips;, and
required number of trees: provided
Indian River Drive (285 ft) '
North line (510-ft)
South line (570 fi)
Northeast line (225 ft)
North Central Ave. (290)
Northwest line (130)
Parking Area
NOS
Foundation Trees
2.85 x 5-canopy'/6 understory/100ft'
14.25 (15) canopy and 17.1(18) understory
1 tree/35 ft = 14.6 (15)
1 tree/35 ft = 16.3 (17)
1 tree/35 ft = 6.5 (7)
2.9 x 5 canopy/6 understory/100ft
14.5 (15) canopy and 17.4 (18) understory'
1 tree/35 ft = 3.71 (4) -
1 tree/5 spaces (1.67) 33.4 (34)
49,046/2000 24.5 (25)
1,160 LF(40%) = 464 LF = 46.4 (47) understory
Total required
132 canopy and 83 understory
Total Existing
Total. proposed
Total provided
46 canopy tree credits (20 existing trees)
86 canopy and 83 understory
132 canopy and 83 understory
In addition to the above, and in accordance with Section 54-3-14.16
(Screening and buffer yard requrrements), all side and rear lot lines
adjacent to residential uses shall include a wall, fence, landscaped earth
berm, planted vegetation, or existing vegetation, or any combination thereof
so as to provide a continuous 90% opaque solid screen not less than five
feet in height to form a continuous screen along such butting property lines.
6
16.
17.
18:
19:
20:
21:
22:
Trees shall be Florida grade 1. or better with an overall minimum height of
12', have a minimum diameter of 2 inches, and shall have a minimum of 5
feet of clear trunk. Palm trees shall constitute no more than 35% of the
total tree requirements, and shall have a minimum of 6' of clear wood at
planting.
k. Location of required landscape areas and. dimensions: provided
Location, name, height and siZe of all existing plant material to be
retained: provided
Location, size, height and description of all landscape material
including name, quantity, quality, spacing, and sPecified size and
specification of all plant materialS: provided
Height, width, type, material and location of all barriers of nonliving
material: provided
Location, dimensions and area of landscaping for freestanding signs:
provided
Show .all landscaping, buildings., or other improvements on.. adjacent
property within five (5) feet of the common property line."
provided
Required .screening of abutting residential and nonresidential uses: In
addition to the above, and in accordance with Section 54-3-14.16 (Screening and
buffer yard requirements), all side and rear lot lines adjacent to residential uses
shall include a wall, fence, landscaped earth berm, planted vegetation, or existing.
vegetation, or any combination thereof so .as to provide a continuous 90% opaque
solid screen not less than five feet in height to form a continuous screen along
such butting property lines.
Flood prone land and wetland preservation: · N/A
Surface water management:
provided
Available potable water: indian River County Utilities
Wastewater service:
Indian River County Utilities
Soil erosion, sedimentation control and estuary protection: provided
Additional Considerations: The Indian River County Utilities Department had
the following comments regarding the water and sewer connections:
There is an existing 10" force main on Indian River Ddve and they must connect.
There is an existing 16" water main on Indian River Drive and North Central
Avenue, and they must connect to either or both.
7
23.
24.
25,
26.
The applicant has acknowledged these comments and will be applying for the
necessary utilities connection permits through Indian River County Utilities.
City .Engineer's review: Engineer provided the. following comments:
The City Engineer has not raised any objections to this site plan. Additionally,
the City Engineer endorses the parking layout and design as proposed by the
developer.
Other Matters: The Capt. Butchers Site Plan incorporates an extension to
Jackson Street, which currently terminates at North Central Avenue. The
developer and the City of Sebastian have reached a tentative agreement for
construction of said roadway. The proposed agreement will be presented to the
City Council on July 24, 2002. The City. intends on purchasing the right-of-way
and providing necessary arrangements for the developer to construct the
roadway.
The Jackson Street extension will provide commuters with an additional
throughway to a signalized intersection with U.S. 1. The extension was
recommended by the Treasure Coast Regional Planning Council via
incorporation within the Riverfront Master Plan,
Supplementary Details: 'Due in part to the Jackson Street extension, the
parking layout incorporates a majority of parking spaces that are either in the
future public right of way, or require a vehicle to back out of a space into the right
of way. Section 54-3-10.6 (Design and specifications for parking areas),
stipulates that parking spaces are not to be designed so that vehicles .are
required to back into a public street in order to exit a parking stall. The applicant
must obtain City Council approval for constructing spaces within, the right of way,
and for designing spaces requiring a vehicle to back into the right of way.
Additionally, the site plan incorporates 35 comPact parking spaces. When
'permitted .by, the. Planning and Zoning Commission, a maximum of 15% of the
total required, spaces are permitted as compact. The site plan incorporates 23
compact parking spaces, which is the maximum permitted by code (156 required
x 15% = 23.4).
Conditional Use: Resort Units/transient living quarters (hotels/motels) are a
conditional: use within the CWR zoning district. The following criteria shall be
satisfied:
1. The facilities shall comply with applicable regulations of the State Division
of Hotels and Restaurants cite in the Florida Administrative Code.
2. Screening: All side and rear yards abutting residential districts or uses
shall be screened in accordance with standards established in section 54-
3-14.16 of the land development code.
27.
28.
29.
AnalySis: Mr. Harold Adams, owner of Captain Butchers, has filed, a site plan
review application for the proposed development of a multi-use
commercial/retail/residential development located along North Central Avenue,
Indian River Drive, and the proposed Jackson Street extension spanning the
distance between the aforementioned streets. Proposed development for the
subject parcel is for construction of a 5 buildings consisting of
retail/commercial/residential apartments and transient resort units, together with
associated parking, water and sewer service, drainage, and landscaping.
Access to the site will be via direct access to North Central Avenue to the west,
Jackson Street to the south and Indian River Drive to the east. Proposed water
service will be accomplished via connection to an existing Indian River County
Utilities water main, and wastewater service will be provided by connection to the
existing Indian River County Utilities sewer system. Stormwater runoff for the
proposed development will be routed to a retention area located along the
southeast comer of the property along Indian River Drive. The site consists of
3.04 acres, or 132,511 SF of total land area. Of which, 57,540 SF (43.4%) is
proposed as impervious surface and 52,746 SF (39.8%) is proposed as open
area.
Conclusion: The proposed multi-use development is consistent with' the
Comprehensive Plan, Land Development Code, and Riverfront Overlay District
regulations. _.
Recommendation: Staff recommends approval
Floodtide project subject to the following conditions:
of the Capt. Butchers
In accordance with Section 54-3-14.16 (Screening and buffer yard
requirements), all.side and rear lot lines adjacent to residential uses shall
include a wall, fence, landscaped earth berm, planted vegetation, or existing.
vegetation, or any combination thereof so as to provide a continuous 90%
opaque solid screen not less than five feet in height to form a continuous
screen along such butting property lines.
The applica'nt must receive' planning and zoning commission approval for
15% compact parking stalls, as represented on the site plan. '.
The applicant.must receive a conditional use permit approval from the
Planning and Zoning Commission for the hotel/motel use within the CWR
zoning district.
The applicant shall obtain approval from the City Council constructing
parking spaces within the fight of way, and for designing spaces requiring a
vehicle to back into the right of way.
PREPAi~I~D BY"
5EflABTIAN CiTY blMIT
AUCUST PARK
ESTATE SUB
P,B,S, 01-~
SPO[£
ISLAND
NO. $
4
2
3W 7[/4 Section 31 30s-39e
ap II 02,16 compile8 0,~/07/0~
the hrdi~u Ri~er Count]/Prol~rty Appr~izer'5 Office
ase 1-42
TWP 3O$
City of Sebastian
Development Order Application
Permit Application No.
~Applica. nt (If not owner, written authorization (notarized) from owner is required)
Name:
MOSBY & ASSOCIATES, TNC. RANDY L. MOSBY,
Address:
2 4 5 5 - 1 4 th AV~'.NU~'., VERO B~.ACH, ..F.L 3 2 9 6 0'
Phone Number:.(561) 569-0035 FAX Number:. (561) 778=3617
E-Mail:
Owner (If different from applicaqt,), .....
Name:
CAPTAIN BUTCHER.~S, INC.
Address:
1732 INDIAN RIVER DRIVE
- HAROLD ADAMS
Phone Number: (561) 589-2'552 FAX Number: (561)
E-Mail:
Type of permit or action requested:
COMMERCIAL. SITE PLAN
.I
PLEASE COMPLETE ONLY' THOSE SECTIONS WHICH ARE NECESSARY FOR. THE PERMIT OR ACTION THAT YOU ARE REQUESTING,
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2" ElY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
CAPTAIN BUTCHER'S FSOODT!D.~ MARINA..A~d...SEAFOOD
IA. Project's Name (if applicable):
B. Site' Information ,..
Address: ~
1732 iNDIAN RIVER DRIVE SEBASTIAN.
Lot: Block: Unit: Subdivision:
2 & 3 AUGUST PARK SUBDIVISION
Indian River County Parcel #: ,,~',
31-30-39-00001-00019-000.02.0~ 2'1~'"'""2'3' F'--- 2,8, 3.2, 3.3, 3.4 and 4
Zoni~,gN~as$ification: Future Land Use:
COMMERCIAL / WATERFRONT/ RESIDENTIAL
Existing. Use:
COMMERCIAL / RESIDENTIAL
Proposed Use:
COMMERCIAL/ RESIDENTIAL
C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if
necessary)i CONSTRUCTION OF A RETAtL~.~ESIDENTIAL DEVELOPMENT
DATE RECEIVED: ~L_//'D/._..~
FEE PAID:
RECEIVED B(Y~ ~
Form CD-200'f
I
AP'Pr°~'eg:' 08/27/97 }Revision:
Page f of 3 I
Development Application
File Name: Doe
Permit Application No.
'D. Project Personnel:
Agent:
Name:
MOSBY AND ASSOCIATES, iNC. - RANDY L. MOSBY, P.E.
Address
2455 14th AVENUE, VERO
Phone Numberi (:561) 569-~035
BEACHr FL 32960
FAX Number: (5'61) 778'3617
E-Mail:
Attorney:
Name:
N/A
Address
Phone Number. ( ') FAX Number: ( )
E-Mail:
Engineer:
Name~OSBY & AS'SOCZATES, INC.
- RANDY L.
Address
2455 14th AVENUE, VERO BEA.C..H, FL 32960
Phone NumbeE(561 ) 569-(~035 FAX Numbe~. (561
778-3617
E-Mail:
Su~eyor:
Name:
JAMES A. FOWLER LAND SURVEYOR ..
Addre~29 7TH AVENUE, VERO BRACH, FL 32960
) -
PhoneNumbec(561 )562-4744 FAX Number: (561 562-0963
E-Mail:
I, MR, HAROLD AD, Ajds , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X, .. I AM THE OWNER I
AM THE LEGAL REPRESENTATIVE Of THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA'i-FER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN TI-IlS APPLICATION ARE
Acc~OF MY KNOWLEDGE AN0 BELIEF.
$ lo/Nl~f~'~ ' DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY
w ,s PE.SONALLY X. OWN TO OR
~8 IDENTIFICATION, THIS ~ OAY OF ¢~ ~'~¢~
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATION
SEAL:
Form CD-2oo'i '
A/~'pro~ed: 08/27/97'
I Revision;. Page 2 of 3
Development Application
File Name: Doa
Permit Application No.
The following is required for all comprehensive plan amendments~ zoning amendment
(inclUding rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/VME, X THE OWNER(S) ~ THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE
SUBJECT OF THiS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE plaz~nir~c~ & zon.tnc[ comm.
BOARD/COMMiSSION OF THE CI~ O~ SEBASTIAN (THE "BOARD"~COMMISSION") TO PHYSICALLY ENTER UPON THE PROPER~
AND VIEW THE PROPER~ IN CONNECTION WITH MY/OUR PENDING APPLICATION.
I~E HEREBY WAIVE ANY OBJECTION OR DEFENSE I~E MAY HAVE, DUE TO THE QUASI-JUDiCIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING'THE PROPERS, INCLUDING ANY
C~IM OR ASSERTION THAT ~/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONST~UT1ON WERE VIO~TED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY M~US VOLUNTARILY AND NOT AS a RESULT OF ANY COERCION APPLIED, OR
pROMt~ES MADE. BY'NY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE Cl~ OF SEBAST~N.
. iii
Sworn to and subscribed before me by ~~ ~~
who is oe~onally known' to me or produc~
gs identification, ('his ~ of ~/~ - ~, ~~ ~
Pdnted Name of Note. ~ q~/~ , ~/~~
Commission No./Expiration ,
Seal:
Form CD-2OO'f
Revision:
DevelOpment Appflcation
File Name: Dca
Supplemental Information
Site Plan Approval
Permit Application No,
Z 1. Site size in acres or square foot 3.04 ac.
L 2. Area of impervious surface in square foot 93,140 ft =
~ 3. Area of previous surface in square foot:
39,371 ft2
× 4. Abached the following:
~ a. Six copies site plan' with lot configuration, finished' ground floor
elevations, contours and designating number of dwelling unitS, and
setbacks to sCale indicating compliance with regulations. (Two sets must
be sealed.)
A scaled drawing of the sides, front and rear of the building or structure
generalized floor plan 'indicating uses and square footage of each
proposed use within each building or structure, building exterior
construction matedal and color, and building height.
~r c. A surface .water drainage facilities .plan certified by an engineer or
architect registered in the State of Flodda.
X
d. A land survey with complete legal description prepared and certified by
a registered surveyor.
X e. 'A traffic impact analysis, if required.
X f. 'An erosion/sedimentation control plan.
X
A copy of the landscape plan to meet the requirements of Article XIII.
Landscape Regulations and Article XIV. Tree Protection of the Land
Development Code.
X h.
A vedfied statement showing each and every individua! person having a
legal' and/or equitable ownership interest in the subject property except
publicly held corporations whose stock is traded on a nationally
recognized stock exchange, in which case the name and address of the
corporation and principal exec~ve officers will be sufficient.
I Forrrt' CD-20'19
Revision: l File Name: Sisitepl
Permit Application No.
i. A list of the names and addresses.of all owners of parcels of real property
within three hundred (300), feet of the parcel to be considered,
×5.
The following information is required, on ail site plans:
_~_ a. Locate on the site plan and describe the character of all outside facilities
for waste disposal, storage areas, or display.
Locate on the site plan and show the dimensions of all curb cuts and
driveways, including the number of spaces with their location and
dimension, details of off-street parking and loading areas, all off-street
vehicular surfaces available for maneuvering, surface materials, number
of employees and number .and type of vehicles owned by. the.
establishment. .Any combined off-street parking facilities' shall be
submitted with an agreement Specifying .!he nature of the arrangement,
'its anticipated duration, and Signatures .of all concerned property owners.
X
Locate on tHe.site plan all pedestrian walks, and height or orientation of
all signs.
Locate on the site plan and describe the character of landscaped areas
and/or recreation areas.
Locate on the site plan and describe the deSign and character of all
public, semi-public, Ur pdvate utilities such as water and wastewater
disposal facilities, underground or overhead electdc lines, gas
transmission lines, or other similar facilities or services.
× f.
Locate-on the site plan and describe the height and general character of
perimeter or ornamental walls, fences, landscaping, including berms and
other required' screening, devices, and any other plans for protecting
adjacent property owners.
Locate on the site Plan existing easements and.dghts-o¢-way.
' Revision: ...... ' ,, i",,, I Pile Name: $isitepI
August Park Property Ova~rs
Rebecca $. Hoch
1724 N. Central Ave.
Sebastian, FL 32958
City of Sebastian
Ms. Dorrf Bosworth
Zoning Technician
1225 Main St.
Sebastian, FL 32958
To Whom It May Concern,
July 10, 2~)02
The undersigned residential property owners in August Park Sulxlivision request the following
considerations relating to the site plan review for Captain Butchers Marina and Resort
development. Many of us are unable to attend the meeting on July 18, 2(X12 in person. A
request was made on July 9, 2002 from Shauna Hen-on King to Dorri Bosworth 'to change the
meeting date ..... request denied.
Our con.ems are specifically ligMing, buffer zones o~ property lines, noise, anti drainage. We
request that none of these matters be closed for discussion until a represe~rkaflve from the
affected property has opportunity to adcIress the respective issue in person.
We under, and the Adams/King parties have every right to develop said icNoperty commercially;
but to please remember that they are in a mixe(I use neighborhood, and to take that fact into
consideration. Our re~luest does not imply that a construction start date be dela~yed, but that
dialog remain open in regard to final decisions on the aforementioned issuers u~tl all parties
have opportunity to ad(tress them in person.
Respeclfully,
Patoskey, MI 49770
(temporary address)
(231) 348.9683
PLANNING AND ZONING COM2vlISSION
Ml2qXJ~S OF REGULAR MEETING OF JULY 18, 2002
Quasi-Judicial. Public Hearings - Site Plan Review/Conditional Use Permit -
Capt. Butchers Floodtide Marina & Seafood - 1732 Indian River Drive -
Addition of Retail & Residential Development
Chran. Barrett opened the public heating at 8:24 p.m.
Mr. John King, representative for the applicant, and Randy .Mosby, project engineer, were present
and sworn in. Staff previously had been given oath.
There were no ex-parte communication disclosures by the members.
Mr. King reviewed how the project was designed in keeping with the Riverfront District
Charrette Report, the extension of Jackson Street, and the proposed development. The project
would be done in phases, and would be hooking up to County water & sewer.
Staff iterated the City was very open to extend/rig Jackson Street and that the construction
agreement would be reviewed by City Council. 'The resort units of the. project required
conditional use approval. Mw. bt-ass explained that in order for-the City to have its street, and for
the developer to have adequate parking for kis project, the design included parking within the
new street public ROW. The spaces would be available for public use 'but w~uld also be
calculated towards the parking requ/rements for the project. The aPPlicant would also be
constructing an:ormectmg sidewalk to U.S. gl-, and lighting to match the poles on Indian River
Drive. The proposed perimeter fencing would be modified to a berm with landscaping. Staff
recommended approval with the 4 conditions listed in the staff report.
Mm. Reichert didn't like the amount of compact car spaces proposed for the site but was happy
with. the extension of Jackson Street. She was concerned with pedestrian safety, and traffic
control. Mr. King said they would work w/th the city on installing signs, brick paver crossings,
whatever was needed for making the site pedestrian safe.
Mr. Rauth questioned the modification to the fencing. Mr. Hass responded .that the berm and
landscaping would meet the requirement of a 90% opaque 'buffer. Mr. King stated thee were a
few large oak trees 'on the property lines they would rather not disturb, and that most of the
surrounding properties had commercial uses also.- canvas shop and boat storage to the north, and
a woodworking shop to the south. Mr. Rauth wanted to see some landscaping in the center of
Jackson Street to break the expanse of pavement. Staff stated there was no room for landscaping
m order to fit in the required parking. A variance could be given on the number.of parking spaces
in order to achieve more landscaping.
Ms. Monier questioned if.the existing dockage and water would be opened to the public. Mr:
King stated it would be available for CalX. Butcher customers and the commercial fishing
operations. Ms. Monier felt the project was too commercial and did not meet the riverfront vision.
She did not like the proposed elevations.
Mrl Svatik and Mr. King discussed what benefits each parry would receive from the developer's
agreement for the constructi°n of Jacksrm Street. Mr. Svatik felt the developer would be getting
much more than the City.
5
PLANNING AND ZONING COM2vSSSION
M]NUTES OF REGULAR MEETING OF YU-LY 18, 2002
Mr. Mahoney had concerns that Jackson Street would function as a collector street but was
designed as a parking lot. He questioned speed, signalization, traffic calming measures, and the
lack of a sidewalk on the south side of the new street. He felt the design of the whole site was not
plausible or workable. Mr. King stated that the site plan could be submitted with out Jackson
Street, and they could just build a parking lot for the use of Capt. Butchers. They had Worked
with City staff to. accommodate the citizens and customers and benefit many instead of few. Mr.
Mahoney also discussed density and tot coverage with staff.
Mr. Blessing was concerned that an addition of a restaurant would increase traffic. Mr. King
stated that a restaurant was not plarmed for at this time. Mr. Blessing felt that 2~/I~11 the resort
units tenants would be corn/rig and going for meals creating too much traffic activity.
Mr. Rauth asked if the total 167 parking spaces Would b'e open to the public. Staff stated the
spaces in the Jackson Street ROW would be open. Mr. Mahoney questioned- the City's 1.ia~ility
with parking in the street. M_rs. Reichert felt the street extension would connect the U.S. #1
businesses with the Indian River Drive commercial area completing a good vehicle/pedestrian
Sebastian circle.
Betsy Field-Connelly, 149 Ydldare Drive, questioned if the public using the parking would make
it difficult for patrons of the resort to fi.ud parking, what benefit and why would the public wa.ut to
park at this location, and was there a need for more resort units.
Sal Neglia, 461'Georg/a Boulevard, had questions regarding the sidewalk, parkirtg on Jackson
Street, if the infrastructure was being built first, and pedestrian safety.
Thomas Cormelly, 149 Kildare Drive, felt that the site would work, but because, it was illegal .to
park on his street, he didn't want any parking on the applicant's street either.
Jeff Hiclcman,. 134Eh Street, asked about handicap parking, viewing the plans, keeping green
space, and adjusting the building heights.
Marcia Hail, 7711 Roseland Road, asaked about the percentage of native plants being used, to u~e
the Tree Adv/sory Board and Florida Native Plant Society as a resource for land~cape plato, and
commented on the compact car space.
The public hearing was closed at 9:35 p.m.
Mr. Rauth asked about provisions for boat trailer parking and if the applicant, would consider
building a public acc~s area to the river. Mr. King ~'tated there w~ no plan at this time for a
trailer parking area and Mr. Mosby stated it would be difficult to get proper permits through all
the agencies for an access ramp. Mr. Rauth staled an observation deck or public fizhing pier
could account more for citizer~ wanting to use the public partoig spaces than juxt to park to take
a walk.
MOTION by ReicherffSmith
PLANNING AND ZONI2qG COMMISSION
MINUTES OF REGULAR MEETING OF JULY 18, 2002
'Tll make a motion that we approve the site plan for mixed-use development for Capt.
Butchers including the Jackson Street as 'first phase with all sidewalks included as'
presented, with the conditions 1 thru 4 on the staff report."
Roll call:
Mr. Mahoney - no Mr. Smith - yes
Ms. Monier - no Mr. Kauth - no
Ms. Reichert - yes Mr. Svatik - no
Chnm. Barrett - yes
The vote was 3- 4, Motion denied.
Cb. ma. Barrett called for a break at' 9:49 p.m. The meeting resumed at 9:57 p.m. All
members were present.
Public Hearing - Recommendation to City Council - Comprehensive Plan
Amendment - Laud Use IVlap Change - Sebastian River Landings .PUD - 72.5
Acres - L-1 to LDR - SE corner of CRS10/CR512
E. Public Hearing - Recommendation to City Council - PUD ConCeptual
_ Development PlanfRezoning - Sebastian River Landings - A-1 to PUD-R -
Planned Unit Development - Residential
Chron. Barrett opened the public hearing at 9:58 p.m.
The applicants, Timothy lelm & Hugh Evans, '1688 W. Hibiscus Blvd., Melbourne, and Randy
Mosby & Bruce Moya, project engineers, were pre,sent and sworn in.
Mr. Jelus explained that the project's property was an abandoned Cim~ grove., was for sale, and
was going to be deyeloped by his company. He lek the City of Sebastian would like to have
control over the design standards and construction, which was why they were requesling to be
annexed 'into the City.
Mr. Smith questioned if it was legal to review the land use and zoning applications before the
subject property was officially am~exed in. Mr. Stringer stated'yes.
Mr. Jelus gave a rev/ew of the proposed subdivision including density, street layout, needed
permits, comm'tmity home, pool, and a CR 510 commercial node. Mr. Hass stated becaus~ of the
size. of the proposed commercial node. and what was allowed in a PUD development, staff
recommended separating the commercial node from the PUD and giving it a s~parate land use
and zoning. He also explained the dexietopers were applying to St. Johns for on-site stormwater
treatment system, which the water, would, then be released ha to the St. Sebastian river.
Mr. Blessing had concerns regarding the enlrance off of CR512 being so close to a busy
intersection. Mr. Jelus responded that they would be working intensely with the Comity on
definitive design plans especially sinee the Comaty had plan.q to widen CR.512 in that area. He
reiterated the Commission was just review/ng Conceptual plans.
City of Sebastian, Florida
Subject: First reading and public hearing of
Ordinance No. O-02-13; land use
amendment for a proposed 72-acre planned
unit development situated at the intersection of
CR 510 and CR 512, and known as Sebastian
River Landings.
Eihibits: Or ,~n, ,ance No. O-02:,,!,3, Co
EXPENDITURE
..REQUIRED: None
Agenda No.
Department Origin:.Cr~-rgwth Management
Tracy E. Has~ .
Date Submitted: August 21, 2002
I
For Agenda of: August 28, 2002
aceptual Plan, Location Map,,,,and P&Z, ,m,,commend~tl,',?n. ....
AMOUNT BUDGETED: [ APPROPRIATION
None ] REQUntED: None
SUMMARY
The proposed Sebastian River Landings PUD is currently unincorporated, undeveloped citrus groves immediately
west of the St. Sebastian River along CtL 512. Forte Macaulay Development Inc. has submitted an annexation
request for the property, along with the requisite and accompanying conceptual development plan. Additionally,
the property is currently zoned Agricultural (A-l) with a Low Density Residential (L-l), 3 units per acre, land use
designation and the applicant wishes to re-zone the property to Planned Unit Development Residential (PUD-R),
with a comprehensive land use designation of Low Density Residential (LDR). The conceptual plan outlines a
total of 9 blocks containing 209 total single-family lots on 72.45 acres, or a density of approximately 2.9
units/acre.
In addition to the single-family homes, a small cornmereial node of approximately 5 acres in size, including a 1-
acre stormwater management tract, is proposed along the CR 510 frontage. The commercial tract is consistent
with existing commercial development immediately north within unincorporated Indian River County along the
CR 510 and CR 512 intersection. In accordance with section 54-2-5.11 of the LDC, the PUD(R) development
may contain 125 square feet of commercial land area per dwelling unit (125 x 209 = 26,125 SF, or .60 acres).
Seeing as the proposed commercial land area exceeds the maximum permissible within a PUD, the applicant has
agreed to remove the commercial node from the PUD. Accordingly a separate land use change is being requested
for designating the commercial area as Commercial Limited (CL), thus allowing neighborhood commercial uses
as intended by the developer.
The Planning and Zoning Commission reviewed the proposed land use amendment at their regular meeting on
July 18, 2002. Additionally, the Planning and Zoning Commission held the required public hearing and forwarded
a recommendation for approval of said request.
RECOMMENDED ACTION
Hold a fn'st reading and public hearing for Ordinance No. O-02-13, and move to authorize staff to transmit the
proposed land use amendment to the Florida Department of Community Affairs for review.
ORDINANCE NO. 0-02-13
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN
AMENDMENT TO THE COMPREHF~NSiVE PLAN WHICH AMENDS THE
FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE
CLASSIFICATiONS OF LOW DENSITY RESIDENTIAL (Il)R) AND
COMM~RC~ LIMITED FOR ANNEXED LAND WITH A PRIOR COUNTY
LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 3 UNITS PER
ACRE (L-l) FOR LAND CONSISTING OF 72.45 ACRES, MORE OR LESS, KNOWN
AS SEBASTIAN LANDINGS; AUTHOI~IZ1NG FINDINGS AND ADMINISTRATIVE
ACTiONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of Timothy lelus and Hugh
Evans for an amendment to designate an initial land use for certain property considered for
annexation from its existing County Future Land Use Map designation of L-1 (Low-Density
Residential, 3 units per acre) to ~wo parcels designated LDR (Low Density Residential) and CL
(Commercial Limited) in the City; and
WHEREAS, the City Council has considered the criteria identified in Section 20A-
11.8(c) of the Land Development Code and Florida Statutes together with the findings and
recommendations of its staff and the Planning and Zoning Commission; and
WHEREAS, the .City Council has provided notice of the proposed Plan Amendment and
has conducted the required public hearings to receive citizen input; and
WHEREAS, the City Council has considered the applicable provisions of the existing
Comprehensive Land Use Plan; and
WHEREAS, the City Council has determined that the proposed changes in the City
Comprehensive Land Use Plan, are consistent with the existing comprehensive plan and the
future development goals of the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan
Future Land Use Map adopted by this Ordinance shall affect the following described real
property, now lying and being within the incorporated area of the City of Sebastian, Indian River
County, Florida:
See attached Exhibit "A "
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended to include the affected property, and designate the following described property as
LDR (Low Density Residential):
See attached Exhibit "B"
and shall designate the following described property as Commercial Limited:
See attached Exhibit "C"
in accordance with the requirements of Florida law.
8.ection 3. TRANSMITTAL. The City Manager is directed to transmit a certified
copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first
reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council did not intend
to enact such invalid or unconstitutional provision. It shall further be assumed that the City
Council would have enacted the remainder of this Ordinance without said invalid or
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the
concurrence of the issuance of a Notice of Intent by the Florida Department of Community
Affairs or other final action finding the amendment herein in compliance and annexation of the
property into the corporate limits of the City of Sebastian.
PASS*GE,UPON IIIRS,T ,READ]~NC
The foregoing Ordinance was moved for passage upon first reading this 28th day of
August, 2002, by Coun¢ilmcmber
Councilmember
Mayor Walter Barnes
Vice-Mayor James A. Hill
Councilmember Joe Barczyk
Councilmember Edward J. Majcher, Jr.
Councilmember Ray Coniglio
The motion was seconded by
and, upon being put to a vote, the vote was as follows:
ATTEST:
Sally A. Maio, CMC
City Clerk
The foregoing Ordinance was moved for adoption by Councilmember The
motion was seconded by Councilmember
and, upon being put to a vote,
the vote was as follows:
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
The Mayor
thereupon declared
,200
this Ordinance duly passed and
adopted this
day of
CITY OF SEBASTIAN, FLOR]DA
ATTEST:
By:
Mayor
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, Ci~rney
PLANNING AND ZONING COMMISSION
lVl]2qlWES OF REGULAR M]~ETING OF JULY 18, 2002
"I'll make a motion that we approve the s/re plan for mixed-use development for Capt.
Butchers including the Jackson Street as first phase with all sidewalks included as'
presented, with the conditions 1 thru 4 on the staff report."
Roll call:
Mr. Ma.honey -no Mr. Smith - yes
Ms. Monier -no Mr. Rauth - no
Ms. Reichert - yes Mr. Svatik - no
Chron. Barrett - yes
The vote was 3- 4. Motion denied.
Chron. Barrett called for a break at 9:49 p.m. The 'meeting resumed at 9:57 p.m. All
members were present.
D. Public Hearing'- Recommendation to City Council - ComprehenSive Plan
Amendment,- Land Use Map. Change - Sebastian River Landings PUD - 72.5
Acres - L-1 to LDR - SE corner of CR~10/~12
E. Public Hearing - Recommendation to City Council - PUD Conceptual
Development PlalL/Hez0ning - Sebastian River Landings - A-1 to PUD-R -
Planned Unit Development - Residential
Ckmn. Barrm-~ opened the public hearing at 9:58 'p.m.
The. applicants, Timothy Jelus & Hugh Evans, 1688 W. Hibiscus Blvd., Melbourne, and Randy
Mosby & Bruce Moya, project engineers, were present and sworn in.
Mr. Jelm explained that the project's properly' was an abandoned c/tins grove, was for sale, and
was going to be developed by his company. He felt the City of Sebastian would like to have
consol over the design standards and construction, which was why they were requesting to be
annexed into the City.
Mr. Smith questioned if it was legal to review the land use and zoning applications before the
subject property was officially annexed in. Mr. Stringer stated yes.
Mr; 3elus gave a review of the proposed subdivision including density, street layout; needed
permits, community home, pool, and a CR 510 eon*anercial., node. Mr. Haas stated became of the
.size of the proposed commercial node and what was allowed in 'a PUD. development, staff
recommended separating the commercial node from the. PUD and giving it a separate land use
and zoning: He also explained the developers were ai~tying to St. Johns for on-site stormwater
treatment system, which the water would then be released in to the St. Sebastian river.
Mr. Blessing had concerns regarding the entrance off of CI~ 12 being so close to a busy
intersection.. Mr. Jelus r~sponded that they would be working intensely with the County on'
definitive design piam espec/ally since the County had plans w w/den CR512 in that area. He
reiterated the Commission was just reviewing Conceptual plans.
PLANNING AND ZONING COlVfMISSION
M2,R3TES OF RBGI. fLAJ{ M]EE/]2WG OF IULY 18, 2002
Mr. Mahoney had questions regarding Urban Service Areas. Mr. Svatik asked the applicant why
he wanted to annex into Sebastian. Mr. Jelus responded that they felt. Sebastian would benefit
from the proposed developmem more than Indian River County. Pete Cormelly, 457 Lighthouse
Avenue, land acquisition person for Forte Macaulay Developers (applicant), stated stuff had
indicated to him the City wished to pursue annexation of adjoining properties.
Mrs'. Reichert had questions regarding stormwater nm-off into the river, concerns about a
possible cattle dipping facility that used arsenic, rumored to have been on the subject property,
and traffic congestion with three schools in the area. She also questioned if the property was
considered contiguous with the property to the east {within the city limits} because of the ROW
along the river. Mr. Stringer stated yes.
Betsy Fietd-Cormelly, 149 Kildare Drive, would like to see Sebastian stay small town, and
questioned if adequate services were given to.ex/sting residents now.
Irene. 'Thompson, 1531 Spinnaker Lane, stated she was against the annexation because n would
lead to additional larger annexations.
Arm Putman, Sebastian resident~-r, emembered a land study done on the subject property wkich
found e-col/in the river from the defunct da/fy farm and an empry arsenic tank from dipping the
cows. She had questions on construction setbacks from the river,
Sal Neglia, 461-Oeorgia Boulevard, asked about recycling imgation water, ifa gated community,
and Police and"Fire serv/ces.
Heather' BryanT, Sharkmart, fully supported the annexation.
WaR Stieglitz, 9871 R.iverview Dr. Micco, Marine Resourc'~s Council & Pelican Island
Preservation Society & Friends of.St. Sebastian River representative, spoke on protecting water'
conditions of the river and Indian' River Lagoon, and stormwater nm-off ramifications of the
proposed project.
Shirley Kilkelly, 950 Franciscan Avenue, also had concerns about a possible arsenic
contamination, and asked that, a condition of approval.be added to require a Florida certified test
for chemicals,
Mr. Pete Connelly stated that an enviromnental audit had been done on the property and that the
closest cattle d/p-pit was two miles away. Bruce Moya, project engineer, responded to
stormwater concerns.
Chron. Barrett closed the public hearing at 10:49 p.m.
Mr. Stringer reviewed the process for land use change and rezonmg .and reiterated that the
Commi~ion was not making a decision or recommendation on the annexation request.
MOTION by Svatik/Rauth
PLANNiNG AND ZONING COMMISSION
MYNUTES OF REGULAR MEETING OF JULY 18, 2002
"I make a motion to approve the land use change from L- I (county) to LDR as stated in
the amendment application in accordance with items 1 and 2 of the staff report'
Roll call:
Mr. Svatik - yes Mr. Mahoney - yes
Chmn. Barrett - yes Mr. Rauth - yes
Mr. Smith - ~;es Ms. Reichert - no
Ms. Monier - yes
The vote was 6- 1, Motion carried.
MOTION by Monier/Smith
"Fll make the motion that we rezone the Sebastian River Landings PUD frcrm
agricultural, to a PUD-R."
Roll call: Mr. Mahoney - yes
Ms. Monier - yes
Ms. Reichert - no
Chron. Barrett - yes'
The yore was 6- 1. Motion carried.
Mz. Smith - yes
Mr. SvatLk - yes
Mr. Rauth - yes
CHAIRMAN MATTERS:
Chmn, Barrett asked if a workshop had been scheduled for telecommun/cat-iOn towers.
MEMBERS MATTERS:
Mr. Rauth explaLned why he thought Sebastian Landings wanted to annex into the City.
Ms. Monier ~tated she would not be attending the August 1" and 15m meetings. She would be ouT-
of-~tate.
Mr. Svatik asked about legal l/abilities regarding arsemc fields.
DIKECTOR MATTERS: None
ATTORNEY MATT~I~;,
Mr. Stringer stated that from d/scussioU with City Council the earliest workshop could be,
scheduled in September.
Ch~. Barrett adjoin'ned the meeting at 11: i 0 P,M. (7/2.,¢102 DB)
,City of Sebastian, Florida
Subject: First reading and public hearing
for Ordinance O-02-14; conceptual
development plan and rezoning request
from Agricultural (A-l) to Planned Unit
Development Residential (PUD-R) for a
proposed 72-acre planned unit development
situated at the intersection of CR 510 and CR
512, and known as Sebastian River Landings.
Department Origin: Growth Management
Tracy E. Hass/~
Date Submitted: August 21, 2002
For Agenda of: August 28, 2002
Exhibits: 4 [ Plan, P&Z recommendation.
EXPENDITLrRE AMOUNT BUDGETED: APPROPRIATION
gone None None
SUMMARY
The proposed Sebastian River Landings PUD is currently unincorporated, undeveloped citrus groves immediately
west of the St. Sebastian River along CR. 512. Forte Macaulay Development inc. has submitted au annexation
request for the property, along with the requisite and accompanying conceptual development plan~ Additionally, the
property is currently zoned Agricultural (A-l) with a Low Density Residential (L-l), 3 units per acre, land use
designation and the applicant wishes to re-zone the property to Planned Unit Development Residential (PUD-R), with
a comprehensive land use designation of Low Density Residential (LDR). The conceptual plan outlines a total of 9
blocks containing 209 total single-family lots on 72.45 acres, or a density of approximately 2.9 units/acre.
In addition to the single-family homes, a small commercial node of approximately 5 acres in size, including a 1-acre
stormwater management tract, is proposed along the CR 510 frontage. The commercial tract is consistent with
existing commercial development immediately north within unincorporated Indian River County along the CR 510
and CR 512 intersection. In accordance with section 54-2-5.11 of the LDC, the PUD(R) development may contain
125 square feet of eornmereial land area per dwelling unit (125 x 209 = 26,125 SF, or .60 acres). Seeing as the
proposed commercial land area exceeds the maximum permissible within a PUD, the applicant has agreed to remove
the commercial node from the PUD. Accordingly a separate land use change is being requested for designating the
commercial area as Commercial Limited (CL), thus allowing neighborhood commercial uses as intended by the
developer.
The Planning and Zoning Commission reviewed the proposed conceptual development plan and accompanying
rezoning request at their regular meeting on July 18, 2002. Additionally, the Planning and Zoning Commission held
the required public hearing and forwarded a recommendation for approval of said request.
RECOMMENDED ACTION
Hold a fn'st reading and public hearing of Ordinance No. O-02-14.
ORDINANCE, NO. 0-02-14
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN
INITIAL ZONING CI.~SSIFICATION OF PLANNED uNrr DEVELOPMENT
RESIDENTIAL (PUD-R) AND COMMERCIAL LIMITED (CL) FOR ANNEXED
LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE
(A-l) FOR ~ CONSISTING OF 72.45 ACRES, MORE OR LESS, KNOWN AS
SEBASTIAN LANDINGS; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES iN CONFLICT HEREWITH; PROVIDING FOR
SEVERABIL1TY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Timothy lelus and Hugh Evans have fried a petition for amendment to the
Zoning Ordinance; and
WHEREAS, the City Council has provided notice of the proposed zoning change and
conducted a public hearing to receive citizen input; and
WI~EREAS, the City Council of the City of Sebastian, Florida, has considered the
criteria identified in the Land Development Code together with the recommended findings and
recommendations of its staff'and Planning and Zoning Commission; and
WHEREAS, the City Council as made the following findings:
A. The proposed use is consistent with the goals, objectives and other elements of the
Comprehensive Land Use Plan.
B. The proposed use is in conformity with the substantive requirements of the City of
Sebastian Code of Ordinances, particularly the Land Development Code.
C. The proposed use is not in conflict with the public interest of the citizens of the City of
Sebastian.
D. The proposed use is compatible with adjacent land uses.
E. Adequate public facilities and services exist in the City to serve the proposed use and the
demand for such use will not exceed the capacity for such services and facilities.
F. The proposed change in use will not result in any adverse impacts on the natural
environment.
G. The proposed use will not adversely affect the property values in the area, or the general
health, safety and welfare of the City or have an adverse impact on the financial
resources of the City.
H. The proposed use will result in an orderly and local development pattern.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PROPERTY. The change in zoning classification created by the adoption
of this ordinance shall affect the following described real property, now lying and being within
the incorporated area of the City of Sebastian, Indian River County, Florida:
See attacbed Exhibit ,',4 ".
Section 2. PLANNED UNIT REZONI/~IG. The real property described in the
attached Exhibit "B" is hereby given an initial City zoning designation of Planned Unit
Development Residential ('PUD-R) in accordance with the attached Conceptual Development
Plan.
..Sect.ion 3. COMMERCIAL PARCEL REZONING. The real property described in
the attached Exhibit "C' is hereby given an initial City zoning designation of Commercial
Limited (CL).
Section 4. ZONING MAP. The official City Zoning Map shall be amended to
inClUde the subject property and reflect this designated zoning district.
Section 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 6. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be
assumed that the City Council would have enacted the remainder of this Ordinance without said
invalid or unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
.Sect.ion 7. EFFECTIVE DATE. Following its adoption and authentication by the
signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become
effective concurrent with the effective date of Ordinance 0-02-13.
The
foregoing Ordinance was moved for adoption
The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor James Hill
Councilmember Joe Barczyk
Councilmember Edward J. Majcher, Jr.
Councilmember Ray Coniglio
The Mayor thereupon
,2002.
declared this Ordinance duly passed and adopted this
by Councilmember
and,
day of
CITY OF SEBASTIAN, FLOK1DA
ATTEST:
By:
Mayor Walter Barnes
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
PLANNING AND ZONDqG COMMISSION
MINUTES OF REGULAR MEETING OF JULY 18, 2002
'Tll make a motion that we approve the site plan for mixed-use development for Capt.
Butchers including the Jackson Street as fn~ phase with all sidewalks included as'
presented, with the conditions 1 thru 4 on the staff report."
Roll call:
Mr. Mahoney - no Mr. Smith - yes
Ms. Morner - no Mr. Rauth - no
Ms. Reichert - yes Mr. Svatik - no
Chrrm. Barrett - yes
The vote was 3- 4. Motion denied.
Chron. Barrett called for a break at 9:49 p.m. The meeting resurneci at 9:57 p.m. All
members were present.
D,
Public Hearing'- Recommendation to City Council - Comprehensive Plan
Amendment - Land Use Map. Change - Sebastian River Landings PUD - 72.5
Acres - L-1 to LDR - SE corner of CP,.510/CRS12
E. Public Hearing - Recommendation to City Council - PUD Concep~al
Development Plan/Rezoning - Sebastian River Landings - A-1 to PUD-R -
Planned Unit Development - Residential
Chron. Barrett opened the public hearing at 9:58 'p.m.
The:applicants, Timothy Jelus & Hugh Evans, 1688 W. Hbiscus Bird, Melbourne, and Randy
Mosby & Bruce Moya, project engineers, were present and sworn in.
Mr. Jelus explained that the project's property was ma abandoned citrus grove, was for sat~, and
was going to be developed by his company. He felt the City of Sebastian .would like to have
control over the design standar~ and construction, which was why they were requesting to be
annexed into the City.
Mr. Sm/th questioned if it was legal to review the land use and zoning applications before the
subject property was officially annexed in. Mr. Stringer stated yes.
Mr. Jelus gave a review of the proposed subdivision including density, street layout, needed
perm/ts, commmaity house, pool, and a CR 510 commercial node. Mr. Hans' stated because of the
s/ze of the proposed commercial node and what was allowed i~ a PUD development, staff
recommended separating the commercial node from the PUD and giving it a separate land use
and zoning. He also explained the developers were applying to St. Johns' for on-~ite stormwater
treatment system, which the water would then be released in to the St. Sebastian river.
Mr. Blessing had concerns regarding the ennunce off of CP,.512 being so close, to a busy
intersection. Mr. Jelus responded that they would be working intensely with the County on
definitive design plans especially since the coUnty had plans to w/den CK512 in that area. He
reiterated the Commission was just reviewing Conceptual plans.
PLANNING AND ZONING COM~SSION
MINLr~S OF REGULAR lV[EETING OF/ULY 18, 2002
Mr. Mahoney had questions regarct~g Urban Service Area& Mr. Svatik asked the applicant why
he wanted to annex into Sebastian. Mr. Jelus responded that they felt. Sebastian would benefit
from the proposed development more than Indian River County. Pete Connelly, 457 Llgtathouse
Avenue, land acquisifiou person for Forte Macaulay Developers (applicant), stated staff had
indicated to him the City wished to pursue annexation of adjoining properties.
Mrs'. Reichert had questions regarding stormwater run-off in~o the. river, concerns about a
possible cattle d~pping facility that used arsenic, rumored to have been on the subject property,
and traffic congestion with three schools in the area. She also questioned if the propea-ty was
considered contigUous with the property to the east {within the city limits} .because of the ROW
along the river. Mr. Stringer stated yes.
Betsy Field-Connelly, 149 Kildare Drive, would like to see Sebastian stay small town, and
questioned if adequate services were given to ex~sting residents now.
Irene..Thompson, 1531 Spinnaker Lane, stated she was against the annexation because it would
lead to additional larger annexations.
Ann Putman, SebaStian resident, remembered a land study done on the subjecI-property which
found e-coli in the river from the defunct dairy farm and an empty arsenic tartk from dipping the
cows. She had questions on construction setbacks from the river.
Sal. Neglia, 461 Georgia Boulevard, asked about recycling im'g~on water, if a gated oommunity,
and Police and Fire serv/ces.
Heather Bryant, Sharkmart, felly supported the amaexation.
Walt Stieglitz, 9871 R. iverview Dr. Miceo, Marine Resources Council & Pelican Island
Preservation Society & Friends of St. Seb~tian River representative, spoke on protecting, water
conditions of the river and Indian' River Lagoon, and stormwater ran-off ramifications, of the
proposed project.
Shidey Kilkelly, 9.50 Frauciscan Avenue, also had. concerns about a possible arsenic
contamfaation, and asked that a condition of approval-be added to require a Florida certified test
for chemicals.
Mr. Pete Connelly stated that an environmental audit had been done on the property and that the
closest cattle dip-pit was two miles away. Bmce Moya, project engineer, responded to
stomwater concerns.
Chron. Barrett closed the public hearing at t0:49, p.m.
Mr. Stringer reviewed the process for land use change and rezoning .and reiterated that the
Commission waz not making a decision or recommendation on the armexation request.
MOTION by Svatik/I~uth
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JULY 18, 2002
"I make a motion to approve the land use change from L-1 (county) to LDR as stated in
the amendment application in accordance with items 1 and 2 of the smf-f report"
Roll call:
Mr. Svatik - yes Mr. Mahoney - yes
Chnm. Barrett - yes Mr. Rauth - yes
Mr. Smith' - yes Ms. Reichert - no
Ms.. Monier - yes
The vote was 6- 1. Motion carried.
MOTION l~y Monier/Smith
"I'll make the motion that. we rezone the Sebastian R/ver Landings PUD from A-I,
agricultural, to a PUD-R."
Roll. call:
Mc. Mahoney - yes Mr. Smith - yes
Ms. Monier - yes Mr. $vatik - yes
Ms. Reichc-rt - no Mr. Rauth - yes
Chmn. Barrett - yes
The vote was 6- 1. Motion carried.
C]tA~ I~IATTERS:
Chrnn. Barrett asked if a workshop had been scheduled for telecommunication towers.
IVEE~ERS MATTERS:
Mr. Rauth explained why he thought Sebastian Landings wanted to annex into the City.
Ms. Monier stated she would not be attending the August 1~ and 154 meetings. She would be out-
of-state.
Mr. Svatik asked about legal liabilities regarding arsenic fields.
DIRECTOR MATTERS: Nome
ATTORNEY MATTEI~,:,
· Mr. Stringer stated that from discussion with City
scheduled in September.
!
Chin. Ban'ett adjourned the meeting at 11:10 P.M.
Council the earliest' workshop could be
(7/25/02 DB)
City of Sebastian, Florida
Subject: Public Hearing for Resolution No.
R-02-36, preliminary development plan for
a proposed 80-acre planned unit development
situated south of South Moon Under Subdivision
and west of Schumann Lake, and known as
Laurel Reserve.
Appr~d fo~U~
Department Origin: Growth Managgment
Tracy ti. Hass ~
Date Submitted: August 21, 2002
For Agenda of: April 28, 2002 -
Exhibits: Resolt~No. ~,-02-36, Prel!~ina.7 Plan, Locafi.,o,,n,Map,, and P&Z reco .,m~,~ ,,eadation. , , , ,
EXPENDITURE [AMOUNT BUDGETED: I APPROPRIATION
REQUIRED:No. ne [None [ REQ...UIKED: None
SUMMARY
On May 8~ of this year, City Council approved the conceptual development plan for Laurel Reserve.
Concurrently, staff presented the preliminary development plan for approval. However, the requisite
Resolution of approval was not presented for your review. Therefore, we have prepared the necessary
Resolution, which is attached hereto for your review. The preliminary development plan has been modified
slightly from that presented to you on the evening of May 8*, with the lone modification being the addition
of the required roadway connection to the Fleming Street extension on the northwest comer of the property.
For clarification purposes, I have included the following summary as was presented to you during the
previous public hearing.
Laurel Reserve is situated on approximately 80 acres formerly known as the Davis PUD. The property was
recently annexed as a PUD-R, with au underlying zoning designation of RM-8 (multi-family). The area in
question is situated south of South Moon Under Subdivision and West of Schumann Lake. The Davis PUD
conceptual plan approval outlined a total of 8 blocks containing as many as 434 total units. The Laurel
Reserve proposal represents a significant modification to the Davis PUD, with a proposed total of 96 single-
family units. Therefore, proposed density will be reduced ~om 7.32 units/acre to 1.2 units/acre.
Additionally, the proposed preliminary development plan incorporates a unique subdivision layout, unlike
the more traditional communities in Sebastian. However, the design incorporates maximum preservation of
open/common areas, while incorporating the necessary roadway network aud drainage system. The
stormwater lakes are mainly located along perimeter boundaries, providing for additional buffering for
neighboring residents in existing communities. The development will have public water and sanitary sewer
as well. Access will be accomplished via an 80-foot wide access easement to Bailey Drive. Additionally, a
secondary (emergency) access is proposed for the southwest comer of the propeaXy. This location provides
for minimum disruption to the neighborhood lying south of the proposed subdivision.
RECOMMENDED ACTION
Hold the requisite public hearing and move to approve Resolution No. R-02-36.
RESOLUTION NO. R-02-36
A RESOLUTION OF THE CiTY OF SEBASTIAN, FLORIDA,
APPROVING THE PRELIMINARY DEVELO?IVIENT PLAN AND
PRELIMINARY PLAT FOR A PLANNED UNIT DEVELOPMENT
KNOWN AS LAUREL RESERVE; PROVIDING FOR CONFLICTS
HEREWITH; PROVIDING FOR EFFECTIVE DATE.
WI~I~REAS, Laurel Homes, Inc. has filed an application for approval of a pre 'luninary
plat and preliminary development plan for a Planned Unit Development known as Laurel
Reserve; and
W]I~REAS, said development plan and plat comply with applicable State and City
codes and regulations;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCiL OF THE'CITY
OF SEBASTIAN, as follows:
Section l. PRELIMINARY APPROVAL. The City Council of the City of
Sebastian does hereby approve the preliminary plat and development plan for Laurel Reserve
prepared by Carter Associates, Inc., last revised June 26, 2002, as maintained on file with the
City Growth Management Department.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 3. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put into a
vote, the vote was as follows:
Mayor Walter Barnes
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward I. Majcher, Jr.
Councilmember Ray Coniglio
The Mayor thereupon declared this Resolution duly passed and adopted this 28th day
of August, 2002.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor Walter Barnes
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
COU~ C~ I)R. NI~E R-O-W
'RS-lO
(VACANT)
UNDER SUB. |
.-PuD~Fi''
PR.OJECT
S/T"E
PUD'R
A'i
PS
PS
SCHUMANN
LAKE
A-1
SEBASTIAN
HIGHLANDS
WCINITY
MAP
N.T.S.
Regular City Council Meeting
May 8, 2002
Page Seven
02.106 D.
ResolUtion No. R-02-20 - Vacation of Easement -Jackson (GMD Transmittal 5/2/02,
R-02-20, Site Map, Staff Report,. Application, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A
PORTION OF A CERTAIN EASEMENT ON LOTS 28 & 29, BLOCK 293, SEBASTIAN HIGHLANDS UNIT
11; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR
EFFECTIVE DATE.
The City Attorney read Resolution No. R-02-20 by title.
MOTION by BarCZyk/Hill
"Move to approve resolution A through D."
ROLL CALL:
Mayor Barnes - aye
Mr. Hill ~ aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - aye
MOTION CARRIED 5.-Q .....
02.094
12.
.,....EUB LIC HEARING --
(, A.~ Quasi-JudiCial Public Headna for Ordinance No. O-02-10 - Laurel Re. serve PUD (GMD
Transmittal 5/11.02, Q-02-10, Map, P & Z Recommendation)
{'Quasi-iudicial headn.q procedures on back of aqenda)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN
FOR THE DAVIS PLANNED UNIT DEVELOPMENT LOCATED NORTHWEST OF SCHUMANN LAKE TO PROViDE
FOR 96 SINGLE-FAMILY DWELLINGS AND RENAMING AS LAUREL RESERVE PUD; PROVIDING FOR CONFLICT,
SEVERABiLJTY AND AN EFFECTIVE DATE..
The City Attorney read Ordinance No. O-02-10 by title and the Mayor opened the public
hearing at 9:30 p.m.
The Growth.Management Director presented staff's recommendation for approval and
responded to q uestions from City Council. He said the developer had agreed to provide
access to Fleming Street but that .it does not actually show on the plan. Mr. Hill
suggested this access be. shown on the plan. Mr. Majcher and Mayor Barnes agreed
with designation of the access.
The City Clerk swore in all those who intended to offer testimony.
Mrs. Madlyn Torborg, representing neighbors on DelMonte and Balboa, expressed
concerns about' increased traffic. The Growth Management Director said there will be
no permanent' access from the northwest area of the property.
7
Regular City Council Meeting
May 8, 2002
Page Eight
Sal Neglia asked how the construction access will be monitored; The Growth
Management Director said there are several options available for this type of access.
The City Attomey said the developer agreed to do a stabilized grass area for the
construction access.
Staff reiterated its recommendation with the stipulation as requested by Council tonight
to include the access onto Fleming Street.
The City Attorney recommended the motion to adopt include that' it be conditioned on
submittal of an amended rendering showing access to the north and that the ordinance
will not be signed until that is done.
MOTION by Majcher/Coniglio
"Move to approve Ordinance No. O-02-10 conditioned on submittal of an
amended rendering showing access to the north off Fleming."
.D. ebor. ah_Eobinson, ,applicant~ .said.,the~reason..that .the .access.was.not_designated..was .......
because the subdivision wilt be developed in two phases and the portion in question is in
the later phase.__
ROLL CALL:
Mr. Hill - aye
Mr, Barczyk - aye
Mr, Coniglio - aye
Mr. Majcher - aye
MaYor Barnes - aye
MOTION CARRIED 5-0
TAPE II - SIDE I/(9:48 p.m.)
02.080 B,
1 st Public Headn.cl for Qrdinan..c.e..No. O-02.~11 - Moratorium - 2~ Public Hearin.cl
Sche.d..uJ_~d for 5/22/02 {City Merla,qer Transmittal 5/2/02, O-02-11)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A SiX, MONTH MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS AND.ISSUANCE OF PERMITS FOR DEVELOPMENT OF PROPERTY LOCATED
BE'nNEEN THE SEPARATED SEBASTIAN BOULEVARD RiGHT..OF.WAY; PROVIDING FOR EXCEPTIONS;
S~l i'iNG FORTH EXPIRATION; PROVIDING FOR CONFLICT. SEVERABILn'Y AND EFFECTIVE DATE.
The City Attorney read Ordinance No. O-02-11 by title and the Mayor opened the public
headng at 9:50 p.m.
8
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF APRIL 4, 2002
NEW BUSINESS:
A. Accessory Structure Review - Section 54-2-7.5:
1013 indian River Dr. - 25' X 21' 6" detached garage- MGB
Mr. Willard Seiber-[, owner, was present and gave a brief presentation.
Tracy Hass gave staff presentation which recommended approval.
MOTION by Smith/Svatik, Jr.
I make a motion that we accept the approval of the 25 by 21.6 feet detached
garage located at 1013 Indian River Drive.
Roll call:
Mr. Mahoney - yes Chmn. Barrett - yes
Ms. Carbano - yes VC Smith - yes
Ms. Monier - yes Mr. Svatik - yes
Mr. Rauth - yes
The Vote was 7- O. Motion carried.
2. 157 Filbert Street - 21' X 20' alumin~--~ carport - P. Pisani
T~scap~lication" was withdrawn by the applicant. .
/,~ B. Public Hearing - Recommendation to City Council- Revised PUD
/' ,~ 'Conceptual Plan - La~._rel Reserve Subdivision (formerly known as the
Davis 80 acre PUD)
Chmn. Barrett opened the public hearing at 7:10 PM.
Deb .Robinson, 315 Greytwig Road, Vero Beach, FL, Vice President of Laurel HOmes,
was present, and along with Tracy Hass, was sworn in by the Chairman at 7:11 PM..
Ms. Robinson gave a' presentation with a brief history of her company and the many
communities that they have been involved with. She described the design for
stormwater management.
Tracy Hass gave staff presentation, noting the reduction in density from the originally
planned community, the underground utilities, and the lack of any commercial area.
The closed stormwater system as well as the entire community layout were commended
by various Commission members.
Many issues were discussed including sidewalks, which will be installed as houses are
built, and emergency access.
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF APRIL 4, 2002
MOTION by Smith/Monier
I make a motion for recommendation to City Council on the revised PUD
conceptual plan .for Laurel Reserve Subdivision, formerly known as Davis 80
Acre PUD.
Roll call:
Chmn. Barrett - yes Mr. Rauth - yes
VC Smith - yes Mr. Mahoney - yes
Ms. Carbano -yes Mr. Svatik, Jr. -yes
Ms. 'Monier - yes
The vote was 7- 0, Motion carried.
MOTION by Svatik, Jr./Carbano
f would like [o make a motion for the approval of the Preliminary Development
Plan for Laurel Reserve.
Roll call:
Mr, Mahoifl'~y' - yes Chmn. Barrett .- yes
Ms. Carbano - yes VC Smith - yes
Ms. Monier -yes Mr. Rauth --yes
Mr. Svatik, Jr. - yes
The vote was 7 - O. Motion carried.
CHAIRMAN MATTERS:
Chmn. Barrett suggested that the Overlay District design performance standards for the
Riverfront District would give P & Z the authority to require the developer' of the Davis
Street project to change the roof design. He referred to Sect'ion 54-4-21.A. 5 on page
LDC XXI-7, Section B.1. He then asked all of the P & Z members to work up lists of
details that they would like incorporated into the Oveday District code for the future.
Tracy noted that the above-mentioned 'section of the Code is the precise section'his
department used. to require that developer to rework the roofline on the plan, which
created the three gables on the present design.
Ms. Monier commented on doors, columns, windows, and porch railings, and suggested
that .requiring some more ornate features would be better than the plain, flat, facades,
especially in the Riverfront. area. She mentioned Cortez Village' in Florida, and
questioned the Fishing Village theme ir~ .Sebastian. These issues were diSCussed..
Rich Stringer suggested the Commission members create a list of the things they don't
want to see, and a .list of ~ features. He suggested a list of required elements
which would not be burdensome to'a developer, but would be stringent from an.
administrative viewpoint, and when the developer feels they have met the intent of the
regulations, then they. could come before the architectural review process. There was
discussion.
City of Sebastian, Florida
Subject: Developers Agreement between the
City of Sebastian and Capt'n Butcher, Inc.,
a Florida corporation, for construction of
the Jackson Street extension.
AgendaNo. 5/
D~artment Origin: ~ .C~r, owth Management
Tracy E. Hass/~
Date Submitted: .August 21, 2002
For Agenda o£: June 28, 2002
Exhibits: r~oposed Agreement, comparative, analysis, constmcti9n cost estimate, property appraisal, and surveT....
EXPENDITURE I AMOUNT BUDGETED: APPROPRIATION
REQUIRED: None REQUIRED: None
None
SUMMARY
Enclosed is a proposed developers agreement between the City of Sebastian and Capt'n Butcher
Inc, a Florida corporation, for the planned extension of Jackson Street from the existing terminus
at North Central Avenue east to Indian River Drive. The Jackson Street extension will provide
commuters and pedestrians with an additional through street from Indian River Drive to a
signalized intersection with U.S. 1. The extension was recommended by the Treasure Coast
Regional Planning Council via incorporation within the Riverfront Master Plan, and at the City's
request was incorporated in the Capt'n Butcher's Floodtide Marina site plan expansion project.
Although the roadway expansion was included within the Riverfront Master Plan, the City does
not own the requisite fight of way necessary for construction of the roadway. Therefore, in order
for the project to become a reality, the City and property owner, Capt'n Butcher Inc., began
negotiations, that upon successful conclusion will lead to a parmership for the construction of
said.roadway. The roadway extension includes more than just a roadway however. The plan
includes an extension of the sidewalk from Indian River Drive west along Jackson Street to U.S.
1, accented by streetlights matching the existing decorative lampposts along Indian River Drive.
Conversely, the sidewalk is not included within the right of way, but instead within an easement
across the developer's property. You will also note that the retention pond for the roadway
extension is incorporated within the developer's private drainage system. Therefore, the
developer, as opposed to the City, will be responsible for maintenance of the stormwater
retention pond at his expense. Additionally, the plan incorporates parking within the street right-
of-way to accommodate patrons of the proposed site plan expansion, as well as members of the
general public wishing to utilize available public parking spaces within the north end of the
Riverfront District.
The aforementioned design troubled certain members of the Planning and Zoning Commission
who felt patrons' safety would be compromised due to the anticipated traffic generation on the
proposed extension. Therefore, staff and the developer again negotiated to resolve concerns as
raised by the Planning Commissioner's. As a result, the developer agreed to install a 3-way stop
at the intersection of Indian River Drive and jackson Street. In addition, provisions are
underway to include a brick paver crosswalk on Indian River Drive matching the design of the
existing crosswalks along Indian River Drive, thus raising driver's awareness of potential
pedestrian traffic. Moreover, an additional stop sign will be installed at the intersection of North
Central and Jackson Street, where another crosswalk will be installed as well. These safety
measures should provide additional levels of protection for pedestrians traversing the area, as
well as patrons visiting establishments within the district.
Hopefully the detailed analysis below and all supporting documentation attached hereto will
dispel any myths that the proposed developer's agreement benefits the developer more greatly
than it does the City. And unforUmately the benefits to the City are not quantifiable as they
relate to traffic/transportation improvements and the provision of additional public parking.
Although a dollar figure cannot be assigned to this aspect of the agreement, there is a cost
associated with the propos, al. Therefore, via the following analysis, you should find that the
proposal equally benefits the developer and the City alike bom a financial perspective.
Included within this packet is an appraisal detailing the land's value, and a comparative analysis
outlining the proposed acquisition cost to the City versus property value to the developer. The
attached agreement proposes that the City acquire the right-of-way and fund construction of the
roadway, which will be constructed by the Developer at cost, as opposed to traditional
arrangements that normally include a minimum profit margin. The cost to the City for the
Jackson Street extension would be approximately $285,000, while the Developer's cost would be
approximately $275,000, when factoring in below market value for the purchase price quoted to
the City and other anticipated construction and maintenance related expenses to be absorbed by
the Developer. PleaSe note the acquisition cost to the City is equal to that paid by the developer
when he purchased the property, which is much lower than the current market value.
Furthermore, a detailed construction costs analysis, as prepared by Mosby and Associates, Inc.,
has been provided for your review. The data contained therein outlines the cost of constructing
the roadway, including engineering costs, fill dirt, drainage improvements, and paving costs.
RECOMMENDED ACTION
Consider the attached agreement and offer direction accordingly.
I'qOSBY ^NO ASSOCIATE5, INC.
2002
Mr. John King
P.O. Bo,~ '/80042
Sebastian, FL 32978
Capt. Butcher's Floodtifle Manna & Seafood
Sebastian, ]~orida
Engineer's Project Number: 01-46'~
1~' Mr, KinlF
As roqueated, the following is a summary of tho land tu'ea and pmllminary construction co.~s o'f
the 60 and 80 foot ri~,rht-olgwaYs and roadways proposed through, tho subject project.
60'
a. Total Land Aru u 30,762
b. Roadway
~. Asp~t Paving
2. Fill
5. ~fing ~sts
~T~ CONS~.U~iO~ COST
28,190 SF x $t..25/SF =
aoo ch' x $4.50/C¥ =
ILS x S6,(X10,00 -
53 each x $8.00/cach ~
$35,238.fl0
-$ '1.8110.00
$ 42t.r10
&0' RIGHT-OF-WA.Y
a. Total Land Area = 4L016 SI: ~. 0.94
b. Roa~a~ ~
2. Fill
3.
5. En~ri~ Cos~
~T~ CON~U~ION C~T'80
36,390 SF x $1,~/SF =
600 CY x. S4,50/C¥ =,
1 [~ x $6,000.00 =
53 eud~ x $8.00/each =
2,?U0.OO
6,[I)1).(10
42¢,00
S5.$,612.O0
The above cost estimate is.based on the p~eltminary site plan layout and is ~ubj¢ct to.change; with
the fi~al ~aig:~ of thc project.
M~'. John Kirtg
Page 2
Shodid you have any queStiOnS re~[rdinlg the ~bove subject, plcase call.
/
cb
cc: Mr. l-l~old Adams
A RESTRICTED US]/:
APPRA~AL R~ORT OF ~
0.93 ACRE PARC~I']
EAST END OF JACKSON STREET TO INDIAN RIVER DRIVE,
SF.,.BAS~, FL.'32958'
PKEPA.RED FOR
CAFr~ BUTCI-~.~ INC.
1732 INDIAN R/VER DRIVE
SEBASTIAN, FL. 32958
MAIL CODE NA
AS OF
JULY. 23, 2002
BY
BOYLE & DKA.KE, INC.
888 DAHL~ LANE
VERO BEACH, FL 32963
FEE NO. 641.1
COMPLETED JtYLY 26, 2002
Yer~ Beth
~ F.,ztat~ Al~rai~er RZ0000699
,Boyle 8/Drske, Inc.
Resl F.,stm A~ m~l Consultants
888 Dahlia Lan~,, yero Be~cl~ 1~, 329~3
Telephone: (W?~)
Fax: (7T2)
Pa~l P. Dra~, MAI, SPA
Stye Cer~ifi~ Geae~'
Real ~ Al~a~i~ RZ0000027
July 26, 2OO2
Mr. HarOld, Adams
Capt'n Butcher, Inc.
1732 Indian. River Drive..
Sebastian, FI. 32958
Re: Restricted use appraisal' rep°rt of 0.93 acre pm'ceI for the Jackson' Street addition, located
from the east end of Jackson Street to Indian River Drive, Sebastian, Fl: 32958.
Dear Mx. Ad~m.~:
Ia accordance with your request, we. ~ve made an investigation a.ud ansl~is, of the above
referenced: property. Tile' pm~se of' tiffs investigation, and analysis was to estimate the
Market Value of the' Fee. Simple EState Of ttae:.subject property as vacant as of Suly 23,
2002: This repert is a Restricted Use Format:
Asa result of our investigation and anaIysis of'fl~ information obtaiued therefrom, as well'
as a general, lmowledge of real..' estate valuation p~ced~es, it is our opinion, that the.
Value. of the Fee Simple EState of'the Subject Property in "as is" Condition aad assuming
ownership of the entke area, as of July 23; 2002' was.
THREE-HI.rNDRED TWENTY' FIVE TttOUSAND
($32S,000)
This is. a. restricted use appraiSal-report that is, intended to comply with the'reporting
requirements set forth under Standard'Rule 2-2(c) of the Uniform Standards of Professional
Appraisal Practice. for a.'Kestrictec~ Appraisal Report As such,, it does. not include
discussions of' the data, rea~sorri-g~ and;analyses that' were used i~ the appraisal process to..
develop the appraiser's opinion of value..SUpporting documentation concerning the data,.
reasoning, and' analyses is. retained in the appraiser's file; The inf0nnati0n eoxttained in this
report is specific to the needs of the client and'the city of Sebastian and for the intended use
stated in this report, The appraiser is.not responsible for unauthorized use of this report:
Furthermore, in accordance with prior agreement between the client' and thc. appraiser, this'
report is for the sole use of' the. client and'the City of Sebastian. The Sales Comparison
Boyle & Drake, Inc.
Mr. Harold
Capt'a Butcher, Inc;
July 26, 2002
Page ii.
ApproaCh· to. value was.-the onDf:, approach, usecll. Thils report' is not, a limited, appr~,~al
invoking allOWable departures from specific guidelines, of: the Uniform Sumdards .of
Professional Appraisal Pract/ce~. AlSo ~. report is an appralsaI, of the Iand "as-is" and does
not reflect' the impact of'the exmnsiOn of Sackson Street as' proposed.
Your attention is directed. to'the ~g conditions and.' underlying assumpfio~ upon which
the' value conclusiOns' are': contingcnt. An' Executive. SUnnnary has been included f~r your
convenience; It has been a pleasure to serve: you in th~'s matter...
RespectfulIy submitted,
BOYLE & DKA.KE,-INC.
David. C.: Brown.
Florida State Certified General Appraiser RZ00025z;7;
EXpiation Dam' 11J3~fN,~'
'Paul: P.-Drake, MAI, SKA-
State Cexfified: C~.. n~ Appraiser RZ0000027.
ExPiration': Dat-~ 1 i/~0/02
Boyle & Drake, Inc.
RESTRICTED USE APPRAI.qAL RI~ORT-- COMPL~.TE APPR~.... ~A~I.
lVI~. Harold Adams,
Capfn Butcher, Inc..
1732 Indian River Drive
Sebastian, FL' 32958
Boyle & Drake, Inc..
888 Dahlia Lane
Veto Beach; FIorida 32963
The subject 'property is a river view lot lOCated from the east end of lackson Street to Indian
River Drive, Sebastian, Fl.. 32958. The propei'ty is being purchased by the' city of Sebastian:
as a right of' way for the extension' of Jackson Street' eastward' to Indian River DriVe. The
highest and best use of the propen-y'is to create a commercial development' that' complies to
cun'ent zOning regulations and takes advantage of'-the river view' location, Indian River
Drive frontage,, and: the surrounding, commercial developments in the Sebastian
Commercial. Waterfront Residential. District, The. subject, site is located on. the west side of
Indian River. Drive.
The subject' parcel is part of a larger., site controned by the current' owners. The larger' site.
offers river frontage,, docks and the Capt' Butchers fish store. Currently, the sub]-/ct area is
being filled'.
Site Description: The total land' size pex' the legal description provided to us is
approximately 40,510 square feet;, or 0.93 acres. The shape is. an irregular shaped 80' wide-
by approximately 506' in length and with approximately 80 front feet on Indian River'
Drive. The site is zoned' CWR-Commercial Waterfront. Residential bY the city of Sebastian
and has a future land use designation of RiverfXont Mixed Use. The planned use as a city
street wilt~ remove it from the code requirements and': county tax roll.
The site is nni~proVCct. The site is located wit,,in, the flood zones X-Unshaded and X--
Shaded per map number 12061C0076 E; 'dated 5/4/89.. Zone X-Umliaded 'is an area
determined to be outside the 500 year floodplain: Zone X-Shaded is an area determined' to
within the 100 year flood plain with average depths, of less than one foot. The property is
16eated'within Census Tract 508.01.
The subject is located alOng Indian River Drive,; which is the primary river~nt street in
Sebastian. The. property is adjacent to .Capt'n' Buther's Flood Tide Mm/ha and Seafood.
Boyle & Drake, Inc,
This ama of Sebastian is the location, of the: Key'West Inn Motel~ Captain FYmm~'s
Restaurant and Marin~ several time share developments, other restaurants, motels, and bed.
& break/asts, and several marinas-, The area is being upgraded with sidewalks, lighting,
benches, and park upgrades by the City.
The developments recently completed or' are-' under' construction include an expansion of
the Key West Inn .with river frontage, the renovation Of Captain Hiram's, the renovation of
the iCH: Plaza 'Office. building. at the. comer of US.. Highway i and' Truman~ Street,
construction of a new Kuby TUesday restaurant: on US. 1, and' the in/rastructure
improvements being made. and" planned by the City of' Sebastian.
Located near the subject is a 1.33 acre sim that was purchaSed by Presidential Financial
Corporation in April. This parcel has river frontage and frontage on the west side of Indian
River Dr/ve~ It is being' developed with patio homes and commercial uses..
The balance of the Capt'n Butchers site that is not part of the' sale of the' subject site is
being developed, with five. buildings having_retail on the first floor and residential above,
plus a 46 unit hotel or motel:' These projects are taking advantage of their river frontage and:
Sebastian's. Riverfront Development program.
Presently there are-no structures located on the subject site. DeVelopment of the site calls
for' construction of a two lane street' with angled parking in the center and' vertical parking
along, each side. There will be a 6' wide sidewalk along the north side of the street and:
extending fi.om US Highway 1 to. Indian River Drive. There is a traffic-light at the
intersection of Jackson street: and US L The city will pay .for 45% of the' cost' of' the
construction of' the:storm' water retention area and Capt'n Butcher, Inc. will provide all,
maintenance and' operation costs thereafte~
A meeting with Tracy Hass of the Sebastian pl~ng Department was held. Tracy adVised
the subject property is zoned CWR-Comraercial Rive~front ]Residential. Development of
this are~, and' the extension of IaCkson Street are part of the charmt~e developed by the
Treasure Coast Planning Council for the city of Sebastian.
Utilities to the site include telephone¢ electricity,, water and sewer service and trash removal,.
Access to the'project is via Indiau RiVe~ Drive and is considered to be adequate, -
The distance.to the closest 1-95 interchange is approximately 8 miles to the west via CR512.
Ad' Valorem Taxes:
This parcel is part of a larger tract that has several' parcel ID numbers, and we were not
Boyle & Drake, Inc.
provided specific details on the tfist~..: of how the subject parcel was obtained. The subject
site is' being'sold to 'the' city'and will be removed from the tax rolls.. TherefOre, the following
infc~fion is striCtly an estimate of information concerning the subjectpareel,
Real EState Taxes: $6,09i
The above-assessed value, results ina tax rate of $22.50 per $1,000' of assessed value. The
land' is assessed'at $6.68 per.squa~ 'foot. The'subject is fairly assessed:
OWNER OF RECORDfPROPERTY HISTORYi
The owner of record is Capt'n BUtcher, Inc. The most recent sale' recorded on public records
foriots 3'.2 and 4.0. was dated june 2001' and' was in the amount of $250,000. The purchase
price was $9~ 11 per square fOot:. Lot 3.~-, a 1'~11 'acre parcel, was purchased in April 2001 for.
$195,000 or $4.03 per square foot: (This parcel' does not have frontage, on the Indian River).
PURPOSE OF ,OYPRilS~:
The purpose of this apia'alsal' was to estimate the
Market .Value of the Fee Sidle Estate'of the
subject p rop.~' m "as.' is" Condition as of
215; 2002.
INTENDED' US'~ OF, REPORT'
(FUNCTION OF
The apgraisal is intended tO aid ia determking a
em-rent market value for 'sale of the site to the
City of'Sebastian.
INTENDED USER OF REPORT:
The. apla'aisal is intended' for the sole use of'
Capfn Butcher, Inc.. and the city o{ Sebastian.
DUe'to the restriemd repeat' format, ~i'.~ report is
not intended for any other use.
Boyle & Drake, Inc.
REAL PROPERTY'
INTERF~T'APPRAISED:,
The inmmst appraised herein is the. lee Simple
Estate.
MARKET VA.LUE DEFINITION:
Per S~ Rule I-2-(c) of' USPAP 2001
Edition,..
HIG~r'~sT' AND BEST USE:
Highes~ and Best Use. As.
ThoUgh Vacant::
For development ora commercial water' view
project of maximin size' permitted by code. A:
commercial project' wi.Il normany provide high=
returns than a residential project when tile-sit~
acquisition costs are high for the msrket area,,
Highest and Best Use Az Improved:' Subject property is tmimpmved,
EFFECiTVE DATE' OF VALUE:,
DATE OF REPORT:
.luly 23; 2002'
July 26, 2002
MARKET VALUE ESTIMATE:
FEE ~ ESTATE:
$325,000
3 to 6 MOntl~
3to 6 Months
APPRAISAL DEVELOPMENT, AND REPORTING PROCESS: In 'preparing this
appraisal.;, the. appraiser, imPeCted the subject ndghborhoc~ and prope~y,.' gathe~d
infarmation on market data` The search for camparable sales included' properties that sold'
within the: subject market area. All sales are commercial prope~cs similar to the subject
property:
Per prior agreement with the client, the appraiser did not use the Cost Approach or the
Income Approach..
4
Boyle & Drake, Inc.
Failure to use the Co~t Approach and. Income Apla'oach is not considered a departure from
USPAP standards, since we were to appraise.the 'site as vacant and. vaCant land in this area
is not typically leased~
This restricted use appraisal report sets, forth a summarTtmd analysis of the data relied'on,
and appraiser's.conClusion,,- Supporting documentation is. retained in the appraiser's file.
MAllK'F~T DATA: Although a ReStricted Use Report typically does not contain a
discussion of market: dam, a brief discUSsion of the Sales Comparison Approach has been
provided to assist our' client.
Sales Comparison Approach:
We have considered, a total of five' c, nmmercial land' sales located in the Sebastian
Development area plus a I°t adjacent to' the new Publix Shopping Center on US Highway 1
at the intersection of Barber Street, A smnmary' chart is contained on the facing page, The
typical unit of measurement or evaluation .is sales price per square foot.
we analyzed the results on a-per square foot' of site size basis and arrived.at a minimum
sales price of $3 (md) and a maximum of $10 '(md). The average, per square foot price, was
$6.56, The prices varied due to date' of'sale,, location, 'site size, and comer location~
The sales were next. adjusted for differences in 'market conditions, size and .comerinfluence,
LOCation, availability-, of utilities and other was based on a rating analysis 'of similar;
superior or inferior.. An adjustment chart summar~.ing, all adjustments 'is contained on the
facing page. Support for all adjustments is c0ntained m our company files..
After adjustments the range Was appro 'X. Lmately $3.79 to $9.81 with an average of $6.99 per
square foot of gros.s land area.
We: compared:.the 'proPerties' 'and in~ew'ed"real~: and n~atb~:'~' owners who
provided information on market' demand and the lack of available sites in the immediate
area of the subject'property;'-we also contacted the City Planning'Department'and discussed
their. plans for deVelopment:of the'riverfront area and reviewed the. charratte that was
Prepared: by the Treasure Coast Planning COuncil. We then looked'at investment returns
from development of comparable Sized' sites'as residential and as commercial projects. The
commercial projectS provided superior rettmas in most cases analyzed. F'mally, we studied
nearby development. The Fan's Restaurant, CaPtain' I-r train's Restaurant, the Key West Inn
are. all. nearby commercial projects that are prospering. We then .rated commercial
develOpment of the site as the highest and best use.
Boyle & Drake, Inc.
Next we looked at the price paid' for the subject parcelS and the' amount of fall they. are' using
to bring the subject property up to construction ~ade level. We were advised ~ cost will
be around' $40,000. We used Sale 2, a purchase by Capt'n Butcher, Inc as a comparable sale
for our' analysis,,
A clOser examinati® of .the.. comparable sales was made. Sale I is a good location with
exposure to the SebaStian Hospital and.'US1 and Sale 3: is also a good commercial' locatiOn.
They Show· commercial' sites are selling in the. $6 to $8' per square foot range;.
Az:least part, of the subject parceiwas part' of' Sale 2 which shows an adjusted value of $9.38
per square foot. This sale provided Capt'n Butcher, Inc. additional river frontage. Sale 5' was
rated'as' Superior becausei of' the' fiver frontage, location next to Fin's and the amount of
fi-ontage on Indian River Drive..
Sale 4 is-rated aS Similar as it has frontag~ b-~ Indian River Drive and HarriSon Street. Sale, 6
was also. rated Similar to. the subject. However,, this site haS a large drainage ditch; a small
home and an irregular shape., Both of' these sales' were made prior to recent sales that have
closed at much higher'prices-and have pushed the market to new levels.
' The success' of the. Key West Inn and the expansion of Captain Hiram's Restaurant, plus the
impact of' the city's riverfront development program, have created significant interest in
property along, Indian River Drive. The, lack of available sites and announcements of new.,
residential-condominium and. commercial'projects about to start are' creating demand' that is.
resulting is' elevated, selling.prices in this area of SebaStian. Another factor'supp(aling price
increases is the condition of the stock market and' the desire of investars to ~nd'.altemative
invesUnents in areas sUCh as'.real:estate. After consideration we concluded' at the high end'of
our range of commercial'properties; but bel0w the range for those with water frontage.
BaSed: on above we conclude that $8.00 per square foot is market, oriented. The indication of
value is calculated below:
Reconciliation
The best indication
I uNrr= I vffOvmw vA u "
.... $8.00 . 'l:. $3.2,,,,4.,,080.
$325,0O0
of' market value is the'approach(s)that most closely represents the
reactions of"the market place, Analysis of the motivations of purchasers' of buyers of river
view.- commercial properties strongly, indicate that most purchases are based, on the
purchasers desire to be'at that location: F~r ~ maSon, the Sales Camparison Approach to
Boyle & Drake, Inc~
value was given the most weight iu the. valuation of the subject property;
We,. believe, prices in this area will continue to incre~e, as new projects now. in the
pemai~g and' design phases are completed, and' prove to be successful...
Based: on the Sales Comparison Approach. to value, the indication of market .~alue of the
subject property as. vacant was $325,000...
EXPO~ TI2V~AViARKETABIIZIrY
The marketability of:the Subject property is rated'as' good. The estimated'exposure ~me. an~
n/atke~g time is estimated to be approximately three to six months~..
Boyle & Drake, Inc.
AS~ONS AND, LIMIT~G CONDITIONS:
The certification of. the. appraisers is subject to' the following conditions' and to such other.
specific conditions as are set forth by the appraisers in tl~' report.-
unIess, otherwise stated, the value appearing-in this. appraisal represents the opiuion of:
the. Market. Value or the Value Defined' AS' OF THE DATE SPE~.. Market
Value of"real: estate., is affected bY national~ andl local economic conditiOns and.'.
consequently will vary with future, changes in such. conditions,.
The value estimated in this appraisal report fs gross, without Consideration given to any
encumbra~, e~ restriction'or question of rifle, unless specifically' defined.
This appraisal report' covers onIy the property described and any values or rates utili~.ed
are not to be. construed as applicable to any other property, however similar the
properties' might be.
It is assumed that the ti~-e to the. premises is good; that the Iegal deScriptiOn is con'ect;
that' the improvements are entkely and: can-ecfly located'on the property described' and.
that' there are ao- encroachments on' this. property',, but no investigation or survey has
been' made.
This appraisal, expresses our op',~.on, and employment 'to make this appraisal was in no
way contingent upon the re-porting of Pre. ermined value or conclusion.
No responsibility'iS assumed for'matters legal in nature, nor is any opinion of title '
rendered. In- the performance of our' investigation, and' amlysis leadiug to the:
conclusions reached' herein, the statements, of others., were relied' om No 'liability 'is.
assumed for the correctness of these statements; and, in any event, the 'appraisers" total
liability for this repert is limited to the actual fee charged.
Neither all nor any part' of'the' contents of"t~i',~ report: (especially' any conclusions, the
identity of the appraiser or the firm with wliieh he-is connected, er auy reference to the.
Appraisal Tn.~rimte or any' 'of its' designatiOns)-, shall be disseminated to the public.'
through adv~ising media, pUblic ,' relations media, news medi~ sales' media or any
other public means' of communication without our prior written consent and approval.
It is asstm2xi that there-are no bidden ar unapparent conditions of the ~, subsoil
or structures, which would render it more er less valuable. The Appraiser assumes no
responsibility for such conditions or the engineering, which might be required to
discover these factors...
B-0yle & Drake,.Inc.
9~
Unless otherwise stated in this report, the existence of hazardous substances, including
without l~m~tation asbestos,, polychlorinated: .biPhenyl's', petroleum leakage, or
agricultmal' chemicals,, which,, may or. may not be present on the property,, or'other'
environmental conditiOns~ were no~ 'called to-the' attention of, nor did the' appraiser
become aware, of' such during' the appraiser's i-~ection, The. appraiser has no
knowledge of the existence of such' materi~ on or in the property unless' otherwise
stated. . The appraiser, howevers, is not- qualified to test for such substances or conditions.
,If the. presence of such substances, such as asbestos, urea formaldehyde foam insulation,
or other hazardous., substances'or environmental conditions, may affect the. value of the
property, the value, ese'mated is; predieate~ on. the.. assumption that there is no: such.
proximity thereto that'would cause a loss in value,. No responsibility is assumed for any
such conditions, nor' for any expertise or engineering knowledge required to discover
I0. The. Americans with Disabilities A-ct (!'ADA") became effective january,26, 1992, The
appraisers have not made a specific compliance survey and analysis of this property to
determine whether or not: it' is. in conformity with the various detailed requirements of
the ADA. It is possible that a comp~i'~ce survey, of the property;' together with a detailed
analysis, of the mquh'enaents of, the' 'ADA, could reveal that the property is. not in.
compliance with one'or more of'the requirements.of the Act. If'so, this fact could have a
negative, effect upon' the value, of the property. Since the appraisers have no direct.
evidence relaling to this issue~ P°Ssible noncompliance with the. requirements of the
AIDA in esti"m~ting the value of the property has not been considered:
11. This. is a restriCted appraisal' report which'is' intended to comply .with the reporting
requirements' set forda under Standard' Rule 2-2(c) of the. Uniform'Standards. of
Professional' Appra/Sal PraCtice:~ a Restricted: Appraisal R .eporc As such, it does not
include discussiOns of the data, reasoning, and analyses that were used in th~ appraisal
process to develop, the. appraiser's' opinion, of value. Supp~dng .documentation
concerning the. data, reasoning, and' 'analyses. is retained in the' appraiser's file. The
information contained in this report is specific to the needs of. the' client and far the
intended use. stated:in this repor~ The'appraiser is not responsible for unauthorized'. USe
. of this report.
BOyle & Drake, Inc.
CERTiI~CATION
we certify that, to the best of our knowledge and belief:
1.. The statements" and inf0mation in this. report are tree and Con'ecg and that we have not
lmowinglY withheld' any information.
.,
The. reported analyses, opinious~., and.' conclusions are. limite~ only by the rep~
assm-nptions and: limiting conditious, and is., out.' .personal, unbiased professional
analyses; opinious~ and conclusions...
We have no preseat or contemplated interest in the' property appraised; and we have no
personal interest or bias with respect to the' parties inVolVed:
The. analyses, opinions, and conclusion were. developed, and this report has been
prepared, in conformity with the Unifbcm Standards' of Professional Appraisal PractiCe_
CUSPAP.) adopted hy the Appraisal Stan~ Board of the Appraisal Foundation'and
the Code of ProfessionaI Ethics and the Standards'. of Professional Appraisal Practice of
the.,Appraisal Institute..
The.use- of this., report is, subject to the. requirements of, the State of' Florida'relating to
review by thc, Department'of Professional Regulation, Real Estate Appraisal Board, and.,
to the. requixements of the'Appraisal Tn'.,titnte relating to review by its' dulY authorized.
representatives.
Our CompenSation is not contingent., upon -the reporting, of' a, predetermined. 'valUe or.
directiOn in' value, that favors the cause of the client, the-amount.of the value estimate,
the a~nment of a stipulated'result, or the occun~nce-of'a subsequent eve.nC
7: David C: Brown.. and Paul: P.. Drake made a personal inspection of the property
appraised and no other person assisted in the preparat/on'of ~ report.
:,
All conclusions and' epinions concerning, the. re~l' estate that are set forth in' tl~
.appraisal: report were not based' on a. requested' minimum valuation, a specific valuation,
or the. approval ora' loan;
9. Based on our experience and training, it is Our opinion that we ate qualified to provide.
the. following value estimate, of' the subject, property:
10; As of the date. of this report; we have completed the requixements of the contianlng
education program of the'State of Florida and The Appra/sal. Institute.
10
Boyle & Drake, Ina
1 I. It is our opinion that: the Market Value of the Fee Simple Estate of the subject property
in"as stabilized" conctition~ as of ~ly 23~ 2002 was:
($325,000)
David' C. Brown,
Fi0rida State' Certified General. Appraiser RZ0002547
Expiration Date 11/30/02'
Paul P.. Drake, .MAI, SPA.
State certified General'AppraiSer RZ0000027
Expiration Date 11/30102
11
SUBJECT PHOTOGRAPHS
Boyle & Drake, inc.
Front ~/iew
Street Scene
LEGAL DESCRIPTION
Attachment A
LEGAL bE$¢P, ZPT]::ON
Commencing at the intersection of the North line of Lot 3, Estate of August
Park, according to thc Plat recorded in Plat Book 1, page lC), St. Lucie County
P, ecords and the E~st H~ht of w~y of C~nttal Awnu¢, run 5ou*h
E~st, ~long s~id E~st right of way, 58.31 f~t to the Point of B~innin~
80 feet wide right of way of ]ac~on. Street. From the Point of B~innin9
run North 64024'46" East, 34.9~ feet; thence 5outh 89020'52" E~st, 390.87
f~t; thence Nocth 53']6'00" Ea~, ~.57 feet to th[ W~st ~ight
Zndian Riwr bHw, th~ce 5outh 26'44'00" E~, along said
way, 80.00 f~et; tAenc'~outh 63'[6'~" W~, 97.06
89'g0'52" W~t: 391.72 f~t: thence 5outh 64'2'4'46" W~t, g[.~3 f~et to
the ~oremention~d E~ .~ight of way of Central Avenue: thence North
22°02'30" W~, along said Hght of wey, 80.[5 ~t to tbs Point of
B~inning.
All the above ~itu~te in Zndian ~iwr County, Florida and containing 0.93
acP~., mo~e o~
VA CA N T C 0 MME R CIA L LA ND
SALES
Boyle and Drake Inc.
Land Sale No.:
Property Type: Commercial
OR Book: 1363 Page: 2408 County: Indian River
Deed Date: Dec~mber 2000
Location: This parcel is located on the 'west side of US Highway i in Sebastian
in fi-oat of the 'Sebastian Medical Center.
City: Sebastia~
Grantor: Sebastian
Grantee: RT West P~Im Beach
Sales Price'-
Site Size Acres:
Financing: Cash .to seller
Cash Equivalent Sale: Y~s
Front Feet: 270.0~
Site AresJSq. Ft.: 53,162
Zoning: CO
La~d Use.: .C
Utilities: Phone, eleclricity, water and sewer
Topography: Normal
Tax Folio Number~ 30-38-25~000~.0
LagaI: L~ngthy-legal d~seriptio~
· - Price per Square Foot: $5.86 Price per Acre: $255,172
Comments: This parcel located on US1 in front of the Sebastian Medical Plaza. The
propea~y ia to be used for a Ruby Tuesday r~taurant.
Record Number: 727
Job Number:. 6411
Boyle and Drake Inc.
Land Sale No.: 2
Prope~, Type: Cominco:iai
OR' Book: 1406
Deed Date: Stme 2001
Location: Indian River Drive
City: Sebastian
Grantor: Emory D. Barge
Grantee: Capfn Bu~ber, In¢
Sales Price: $250,000
Financing: C~zh ~o seller
Cash Equivalent Sale: Yea
Front Feet: 0.00
Site Area/Sq. Ft,: 27.~43
Land Use:
Utilities:
Topography:
Tax Folio Ntm~ber:
Price per Square Foot:
Comments:
Page: 2646 County: Indian River
Site Size Acres: 0.63
Commercial
Phone, electricity, water and sewer
Normal
30-39-30-00001-0000-00003.2 a
Lengthy legal de~oription
$9.11 Price per Acre: $396,823
This property has frontage on Lqdian River Drive in Sebastian and has access
to the river, It was purchased by the adjacent property owuer as pan of of
assemblage of land that is to be used for a ~ommerd~ development proj~,.
Plato call for part of this sim to be sold to the City of sebastian for the
extension of Jackson Str~ to Indian River Drive.
Record'Number:. 891
Job Number: 6411
Boyle and Drake Inc.
Land Sale No.: .3
Property Type: Commercial
OR Book: 1458 Page: 940
Deed Date: July 2001
Location: $W corner of US 1 and Barber Street in Sebastian
City: Sebastian
Grantor: Hyatt, Nelso~
Grantee: Walgr~n Co
Sales P.~ice: $~2~,000
Financing: Cash to seller
Cash Equivalent Sale: Yes
Front Feet: 317.00
Site Area/Sq. Ft.: 113,592
Land Use: C
Utilities: Phone, electxiciV/, wamr and sewer
Topography: Normal
Tax Folio Nt~mher: 21-31-39-00000-0030-00001.0
Legal: Lengthy legal ciescrip~ion
Price per Square Foot: $7.25
Comments:
County: Indian River
Site Size Acres: 2.~
Price per Acre:
This property, located at the into-section of US1 and Barber Street. is located
across from the new Publix shopping center. The Walgreen strife will be
located on this parcel and w/Il have 14,490 square feet.
Record'Number: 726
Job Number:. S411
Boyle and Drake Inc.
Land Sale No.: 4
Property Type: Commercial
OR Book: 1437
Deed Date: August 2001
Lacafion:
Grantor:
Grantee:
Financing:
Cash Equi~ndent Sale:
Front Feet:
Page: 6*$5
Harrison Street, Sebastian
Sebastian
Char]~'B. Rowley III
City of Sebastian
$398,000
Cash to seller
Yes
162.00
Site Area/Sq. Ft.: 94,275
Zoning: CR
Land Use:
Utilities:
Topography:
Tax Folio Number:
Legal:
Price per Square Foot:
Commen~:
County: Indian Riv~
Site Size Acres: 2.16
Commercial
Phone, eleca, icity, waU~r and sewer
Normal
31-39-06-0020-0090-00007.0
Lengthy l~ga] description
$4.22 Price per Acre: $183,897
This prOlXa'ty located .at the intersection of Harrison Street and Indian RiVer
Drive in SebaStian. The City is buying the laud to convert it into a city park,
The purchas~ has been approved by City council.
Record Number: 807
Job Number: 6411
Boyle and Drake Inc.
Land Sale No,: 5
Property Type: Commercial
OR'Book: 1474 Page: 823
Deed Date: April 2002
Location: Indian Pdvcr Drive
City: Sebastian
Grantor:. Southeast Foods, L.LC,
Grantee: Presidential Financial Corp.
Sales Price: $562,222
Financing: Cash to seller
Cash Equivalent Sale: Yes
Front Feet: 210.00
Site Are~/Sq. Ft.: 57,935
County: Indian River
Site Size Acres:
'Zoning: CWR
Land Use: Comercial
Utilities: Phone, elec~city, wat~ and sewer
Topography: Normal
Tax Folio Number: 31-30'39-00001-0000-00006.1;6
Legal: Lengthy legal descript/on
Price per Square Foot: $9.70 Price per Acre: $422,722
Comments: This site is located along In.dian River Drive in Sebzstian. The site is
improved with a 110' walkway into thc river. Th~ ar~ also two small
buildings and a trailer, but the buyer placed no value on these buiMings and
purchased the land as though vacant.
Record Number: 890
Job Nunflmr: 6411
Boyle and Drake ,Inc.
Land Sale No.: 6
Property Type: Commercial
OR Book: 1485
Deed Date: April 2002
Page: 1290 County: hdian River
Location: N'W Corner of Davis SIreet and Indian River Drivc, Sebastian, Plorida
Site Size Acres: 3.26
30-39-31-0000-0000-0000(4.1 )
Lengthy legal description
$3.2A Price per Acre: /;141,104
This parcel located-at ~he NW Corner of Davis Street & Indian River Drive in
Sebastian is improved with an old house that does not conln'vute u~ value,
The conwac~ is proposed to close in April 2002.
The property is divided'by Indian River Drive. I~ has river frontage and
City: Sebaslian
Gramor: IDHi Parm~r~hip
Grantee: Robert Nillzon
Sales price: $460,000
Financing: Cash to seller
Cash Equivalent Sale: Y
Front Feet: 284.52
Site Area/Sq. Ft.:
Zoning: aR
Land Use: Commercial
Utilities: Phone, eleciricity, water and sewer
Topography: Normal
Tax Folio Number:
Legal:
Price per Square Foot:
Commen~:
Record Number: 815
Job Number: 6411
QUALIFICATIONS
PAUL P. DRAKE, MAI, SRA
QUALIYICA .T!ONS
Paul P. Drake is a partner in Boyle & Drake, Inc., a full service real estate appraisal fn-m
with offices located in Vero Beach and Fort Pierce, Florida.
Mr. Drake has been actively engaged.in.various phases of real estate appraisal since 1971.
He has prepared appraisals encompassing most of the major categories of land and
buildings..Mr. Drake has conducted appraisals for the purpose of sale/purchase,
insurance, rental, financial, ad valorem tax, purchase price allocation, corporate planning
and special studies of market feasibility.
Mr. Drake has been a resident of palm Beach County, Florida, since 1947. He conducted
real estate brokerage and appraisal business in palm Beach Co.u~W until 1989. He is.now
a resident of St. Lucie County, Florida. He received his secondary education from the
University of Miami and Fica'ida Atlantic University, where he gradUated in 1969 with a
Bachelor of Science degree in Fin_once. Mr. Drake's recreational activity includes
windsurfing & tennis.
PROFESSIONAL AFFILiATIONS
Member of the Appraisal Institute - MAI Certification No. 7685
Member of the Appraisal Institute - SRA
Licensed as a Broker with Florida Real Estate Commission (License 0022786)
State Certified General Appraiser, License RZ0000027, by the State of Florida,
Deparunent of Professional' Regulation, Real Estate Appraisal Board, December, 1992
APPRAISAL EDUCATION
Society' of Real Estate Appraisers
Course 101, An Introduction to Appraising Real Property, 1975
Course 201, Principles of Income Property Appraising, 1976
Course 202, Applied Income Property Valuation, 1984
BO~E&DRAKE,~
PAUL P. DRAKE, MAI, SRA
Qualifications .' Continued
Page 2
American 'institute of Real Estate Appraisers
Course 1A-l, Real Estate Appraisal Principles, 1981
Course 8-3, Standards of Professional Practice, 1983
Course lA-2, Basic .Valuation Procedures, 1986
Course 2-1, Case Studies in Real Estate Valuation, 1986
Course 2-2, Valuation Analysis and Report Writing, 1986
Course lB~A, Capitalization Theory and Technique, Part A, 1986
Course 1B-B, Capitalization Theory and Technique, Part B, 1986
Course 8-2, Rcsidcntial Valuation, 1986
Comprehensive Examination - Challenged and Passed, 1987
Appraisal lmtimte
' 'Standards'-of Professional Practice A & B, 199'2
Standards of Professional Practice A, 1993-
Litigation Valuation, 1993
Understanding Limited Scope Appraisals, 199z[
Small' Hotel/Motel Valuatiom-1998
Em~ent Domain and Condemnation Appraising, 1998
Appraising Manufactured, Modular, & Mobile Honsing, 1999
Lease Abstracting and Analysis., 1999
Partial Interest Valuation - Divided, 1999
USPAP/Law--Update - 1999
Regression Analysis - 2000
Standards of Professional Practice C, 2000
Regr~sion Analysis - 2000
Standards Part C430 - 2000
Case Studies in Highest & B-est Use - 2001
Analyzing Commercial Lease Clanses -2002
Other Seminars
Argus Two-Day Power User DCF Seminar, June 2000
Argus Power User Seminar
APPRAISAL EXPERIF~CE
Partner in Boyle & Drake, Inc., Real Estate Appraisal and Consulting Fn'm,'~ero
Beach, Florida-Present
President, Lawson; Powel & Drake, Inc., Real Estate Appraisal and Consulting Firm,
Jensen Beach, Florida-January 1994 to March 1995.
BOYLE & DRAKE, INC.
PAUL P. DRtKE, M.~, Sh
Qualffications - Continued
Page
Senior Appraiser, Callaway & Price, Inc., Ft. Pierce, Florida, June, 1989 to January,
1994. Responsible for appraising complicated properties in Florida.and New England
President, Drake & Ernst, Inc., Realtors/Appraisers, Boca Raton, Florida, 1972 to
June, 1989
Vice President/Secretary Treasurer, Talbott & Drake, Inc., Realtors/Appraisers, 1973
to 1982
Associate, Eliot West Realty, 1971 to 1972
Assistant Planner, City of Boca Raton, Florida, 1968 to 1971
TYPES OF PROPERTY APPRAISED
Appraisals made on the following types of property from individuals, corporations,
banks, atmrneys,.goveramental."agencies,' savings and loam,- and mortgage companies:
Acreage
Apara~nt Complexes
Aqmmulture Farms
Automobile Agencies
Commercial Buildings
Condominiums
Co~dOmin.ium Projects
Day Care Centers
Duplexes
Citrus Groves
Go~f Courses
Luxury Homes
Marina~
Medical Buildin..ga
Mobile Home Parks
Motels/Hotels/Convention Centers
Office Buildings
'Planned Unit Developments
Residential Multifamily
Residential Single Family
Restaurants
Retail Bnil~ngs
Shopping Centers
Surgical Centers
Service Stations
Special Purpose Properties
Subdivisions
Tennis Ctub~
Time Share Resorts
Triplexe~
Vacant Land
Warehouses
Mr. Drake has appraisal experience in Florida, Massachusetts,' New Jersey, New York,
New Hampshire, and Rhode Island.
BOYLE & DI~KE, INC.
DAVID C. BROWN
QUALIFICATIONS
David C. Brown is the owner of K. B. ~ .of the USA, LC and provides ma.d~ rcsearc, tt and
appraisal services to Boyle & Drake, Inc. of Veto Beach, Florida.
leased commercial prol~ties.
PROFESSIONAL AFFILIATIONS
o ~ Sine Cm~mi General Apprai~r RZ-0002~47
o · ~ Member or,he Appr,~al ~
EDUCATION
BS - Busings M..-~o~ne~- Salem CoIlege
MBA- ~ of~ A~_'e~- West Vir~inia'W~l~-a~ Colle~
APPRAISAL COURSES
Com~ 101 - Iutrod~ction to App~ Real ~
Com~ 110- Appmi~, Principles
Supporting Sales Grid ~ for P~i~,! Prol:~'ties
USPAP/Law Upda~
Course 510 - Income Capita
Course ~20 - Genial App~
1410- Standards of~otml Practice, PartA
1420 .- Standards. ffP~ Practice, Part B
1031 Exehan~oes/An Investxa's Dream-A exmxprdam~ive Study of the Creative Possibilities
OCCUPATIONAL EXI~RIENCE
Presidmt- GA Brown & Sca, ln~. - 1968 - 1990
Presiden~ - Brown's Lmmb~ & Su~ C~, ~. - 1975 - 1~7
~~-~ ~, ~.- ;~._ ~
~- ~ ~ ~ - ;9~ - ~ ..
LEGAL OE-c;CR~iPT~ON
Commencin9 at the intersection, of the North line of Lot 3, Estate of August
Park, according to the Plat recorded in Plat I~ook 1, page 19, St. Lucie
D, ecords and the Ea~ Hght of way'of Central AwnS, run 5outh
E~t, ato~ said East right of way, 58.3~ feet to th~Point of Beginning ~ a
80 feet wide ~ight of way of Zac~on 5tPeet. F~om the Point of geginn]~
~un Ho~th 64"24'46" E~, 34.~Z feet: thence 5outh 89"~DDZ" ~a~. 390.87
fe~t; thence North 63"~6'~" Ea~, ~.57 feet to the W~t
Zndlan Eiver DHve, thence 5o~h ~6"44'~" ~a~, a{o~ said W~ Hght
way, 80.00 feet; thence 5outh 63~16'~" W~?, 97.06 feet; thenc~ No~h
8~"~0'~" W~t; 39L7Z feet: thence South 64~Z4'46" W~t, Z~.~3' f~t to
the afo~ementioned Ea~ right of way of C~tral A~nue;
22"02'30" W~. along said Hgh? of w~, 80.15 feet to the Point of
B~innmg.
All the above situ~e im Zndian River County, Florida and containi~ 0.93
CERTI. FICATlt'. aP SURYEYOR
i hereb~ certify that this Surex was made
?~ponJIble ehnr~e and representa the field work to thc
b~t of my knowledge and
~ATZ OF ~O~A REGIS~ON NO. 3435
JAdVI~ES A. FOWI~R, LAI~ STJ'RVE'Y~G COMPAq/
929-TIFF/A'VEHTJE - P.O. BOX 1677
~fl~RO BEACH, FLO]{LI~A 32961
PRONE ~62-4744 FAX 562-0963
1. ]~preduetJems of
for ~lh~f-w,~,
~r ~u~by Act ~ /
3. ~al D~p~n
em ~ map ~ ~.h
~,~M, Map ~ ' ~ .,
945 Sebastian Blvd.. Sebastian, Florida '~2~'~-8
Tel: (772) 589-3054
Fax! (772) 589-7557
July 9, 2002
Ma'. Terrence R. Moore
City Manager
City of Sebastian
1225 Mare Street
Sebastian, Florida .32958
Developer's Construction Agreement
Capt'n Butcher, Inc. and City of Sebastian
Dear Mr. Moore:
Per our discussion of yesterday, .enclosed is a revised copy of the Developer's Construction
Agreement tbr your review,
Please ~ve me a call if you have any quesuons. I can'be reached either at the office at 589-
3054 or on my cell phone ax 473-6060.
Sincerely,
· John A.
Broker
Er).¢[osure
JAK/mu
. DEVELOPF. B,'$ CONSTRUCTION
This A./reernen: is made md ~mt~r~l into ~ .- . d~y of ~. . ,2002, by
~d b~ ~'n Bu:ch~, Inc., a Eodda c~o~fio~ ~g i~ pl~e ofbua~ at 1~2
~ ~v~ Dfiv~ Se~ ~lod~ 32958, h~~ r~d ~o ~ ~e '~lop~", ~d
C~ of S~b~, ~d~ a Fl~da ~dp~ ~o~io~ ha~ng i:~ pla~ ofgov~e ~ 1~5
M~ St~ Seb~ ~lodda 32958, h~~ r~ ~ as the "Ci~." From time to ~e
h~e~ ~e D~etop~r ~d the CiW ~t r~ to ~du~ ~ ,~a~. ~d ~e~vely as th~
~, the D~etop~ b ~e ~er of~ose' zen~ p~c~Is ~1~ situate ~t~
jufi~ion~ ~nes of~e CiW, no~ ofDa~s Str~ e~ of Noah ~ntr~ Argue and
ofh~ ~w~ Drive. ~d gen~]y ~o~ as ~e d~p~nt m~ of"Ca~'n But~er's
Eood~d: ~fi~ ~d S~ooC', h~~ rd~d to ~ ~ "D~elopment,, ~d. p~s
~, ~e Ci~ ~ ~e D~o~ have or ~1 ~ h~ a p~ase ~d
i~~ ~ ~p.~ ~ a potion of the D~o~t to ~ conv~ to ~ Ci~ ~ ~
D~p~.~ ~ ~znfion ofJaokson S~ ~ 80' ~b~c fi~ht-of-way. ~om ~e ~stem
bo~ ~e of~o~ Ce~ Av~ ~d to ~e w~tem bounda~ lh~ ~~ ~ver
Dive, kr~:r r~f:~ed to ~ the "3~on S~t ~nfion", said la.on S~eet
berg more ~lly'de~ ~'~bh B ~ ~rcto and inco~orated h~ by ~ren~;
%~~, th~ CiU ~ ~e D~eiop~ d~sire ~d intend to ~t~ Mto ~s ~~ to
god's, ~g pro~ for the oon~on of the ro~, d~ge improv~, idewa
~ boun~ of~o~ ~n~ A~e to ~ ~m boun~ ofU,~, ~way 1 ~d
~j~ent to ~e aonh~ bound~ ~e ~ ~ I~on S~ee~ M~ rd~ to ~ ~e
'Off-$i~ Sid~,. bo~ ~e l~ S~ ~ion ~d the Off-She Sid~ be~ jointly
rd~d to h:r~=r ~ t~ "Wo~".
NOW IHEXEI=OR~, hn conhdra'arion o.+'th= above and the mutual promites
herdn and o',.h~' good and valuable considaration, the Developer and the City, coveaar~ and
as follows:
1. COIN'STP. U'CTIO/q OF THIE WOi:~. In accordance'with the terms of this
Agr~mea~, ihe D~eloper her=by agrees to connmct the Work in accordance wkh ~he t~:~,s and
provisions of thi.~ Agr~rnent and that c~rtaln ~P~vi~ and Drainate Ske Plan by Mosby &
A3~cia~% Inc., Engineers, bearing the dae of Yurt=, 2002,/ob No. 01-464, the provisio~ of said
Pa,,ing and Drainage Site Plan being incorporated h~rein by r~erence as if fully set roi'th The
Developer, au its discretion, shall have r~o (2) years from the later of(i) the dat~ ofthe'las~ Party
c-x~--ut=s this Atp'ee. mcni or ('ti) me date all 'r~luir~d p6rrni~s have been i~ued, to ~-omplete
Work
2. PKO/ECTED COST OF TI-tiE.WORK. The D~ve./opir hlu ~lima~cl tha~ th~ cost
of consuuc-tion oft he Work will t~ ~123,636.50, the ¢o sI. being all ocaled as follows:
- -- Asphah pavi~g
l=ill 2,700.00
Dralna~ -- 6,000.00
Conare~e. sid~,-walks (7,210 squar~ f~t) 11~,025.00
ush~ (~2 po~) 3~,0oo.oo
Ensin~g az~d surveyi~s 6,000.00
Mis¢~llancous gradin~ tr~uchin~ and sodding
To~al il/3,212.~0
Th~ CiD' a~roes ~o pay th~ D~eloper the for~okitl sum of $123,212.50 for ~'le construction of
~h¢ Work, subjec~ to adjusumenlu for wri~ and agrued upon change orders and ~ras, in ~
rnarm~' sr~ forth hereinafter.
3. FURCH.~E AGRF_.EMIENT i=O1~. IACKSCI~ STREET ExrENsIOI,I. Th~ City
and the D~,eloper will or have emered kilo *,hat certain Pur~ha~ ~d Sal~ A~'e~.ra~.n~
r~pect to the Jack,on .~treet ~'t~-nsion, hereina~er r~f~rr~d to as the. '¢Purchase.Agreem~." The
Purchase' A~r~ment sh~l provid= that' the purcha.~ pric~ for the Iackson Street Exle~ion shall
be 5a.s~l upon the. appraised value of thc land and drainsl~e ~r~a ~ssocia~ecl with die
Stxeet H,~c~=nsion, said l~ppraisal to be performed by Boyle ~z Drake, Inc. The Purcha.~ A~re~,nent
shall provide ~hal the City will pay the D~ivetoper cash equal to S4.00 per ~quare foot of the
&ppr~ise~ value a~i the bd~c~ ~ ~e a~ v~ue ~ be ~v~ t~ ~e D~p~ in ~ ~o~
the Ci~ · ~o~ ~ dr~ge ~em~t ~om ~he ~son S=ee~ E~e~on to the ~o~
~~ ~ ~ion pond ~mat~ ~ the soundly po~on ~the D~opm~ ~d ~st of
~ ~ Dfiv= ~d tha~ ~e Dev~op~ or its ~c~r~ ~d ~signs ~ll m~in ~t its
for ~I ~o~ o~ ~ Work net to be ~~d ~ ~ D~elop~'s o~ ~ploy~. Appmv~
or n~-apwov~ or coMki~l approv~ of ~e bids of sub-~mr~ors ~d mt~l m~ ~ be
in ~e D~op~'s sole ~d abselum ~r~en. ~ sub-con~cts ~ pro. de ~r ~ or
inco~orate the sMety, in.race, wor~p ~d w~ ter~ ~d pro~om
~~, Upon Sccep~ce of~e sub~~or's, work or the mat~ m~'s ~,
Dev~o~ ~ ~omptly pay ~ su~comm~r or mated~ m~ ~ accord~ ~th the t~s
md ~o~ho~ o~ ~ ~at~ ~r~ be~ ~ D~vgoper md the ~contactor or
~sl m~
5. PKOG~SS ~POKTS', ~e D~eloper ~ provi~ the CiW' ~,.p~c
pro~ess repoas con~mg the carillon of~ Work or ~e CiW's ~tho~ed r~re~mtiv~
may p~ly ~sk and impe~ a~ ~te of the. Work.
B~~ OF ~CO~. ~e.D~gop~ or H.D, Ad~s, INC.,
of appf~le ~ovem~ ~end~ or bo.~, ~ud~6 ~e CiW, ha~i judMi~on
~m~on of ~e Work. T~ Devel~ or ~, ~,' ~c. ~ ~t~ iu co~o~te
~d ~ ~n~ ~d p~ ~ ~c ~ ~d ~ ~d ~d~8 far the duration of~
A~t.
CO~Y~ OF ~ WO~ TO ~ C~Y: Upon ~pl~on of~e Work
md a~~ ~ofby ~e Ci~, the ~do~ ~ ~ tiffs ~o ~.Wo~ by deed ~or
~ of~ ~ ~ppropm~, to ~e CiW in tccord~ ~th ~ te~s ~d pro~g~ns oFt~t
~~ ~d ~e a~e~em ~ ~ be~ ~ ~ to ~ ~eem~. Upon ~v~e of
3
lhe Work to the Ci~, the City shall be r~pondble far ali further repairs md mainterm~ce to the
Work
8. A.CKNOWLEDGMtEKI'S, R.E~KESENTA. TIONS AND W~S OF
THE DEVELOP]/I~.. The Developer acknowledges, represents.
emer/~ imo thls Agreement, the. City ~ relying upon, the followir~:
A. Th~ Developer is duly or$~z~, validly ex/sting and in $ood ~anding under
the l,,ws oft.he Sta~e o£Florida and is qualff:ied to do bu~inu~ in the State oFFlorkta as a/'or pro~:
c, or~r~oa ensased in the budn~s of rual e.~ate dcve, lol~mmn~. Thh A~eamem and any
tra~on~ contempl~,ted hereby will not re.~/n my violation o/~ or d~ault under, a.ny term .or
condition o/'any agr~n~ insmm-,a~ mortgage, loan {gr~me~t or dm/t~ doc-amour to which
the .Developer is a pa.'W or by which the Developer is bound. There is no.li~gafion, investigation
or proceed/~ pend~ nor to the knowing= at'the D~'elop~r ~ontmmpl~ted or
aia/n~ the Developer, which would impa/t 1he Developer or adversely a/~'~ct th~ D~,eloper'~
ab/lky to pet/btm its obligations under ~ AEreemem.
B. The Developer ba~. r~ad ~nd ~ ~ with the' terms ~d prov~iom oF this
Agreem~t and all altacbments hereto or construction doc~ment~ rd'~enced
of thc Work to be
C. The D~vdoper ~ill.we.~ truly and tir~iy, ped'oa'n al/oft, he ~pondb/liti~$-and
obligatform oF thc Dcveloper set forth in.this Agreement.
D. All work shall.be performed, by the Developer, the sub-con~racto__rs and
rn~erial men ina skillful and worMrnanlfke manner.
E. The Devdoper shall c~rnp~y with ~ abide by all permits, ~,pprovals, laws,
ordkumces, covenams, ~ule~ and regulations and building codcs with.respec~ to the Work,
DEFAULT AlqD ~l'l~S, In the event.of a default under the m'rr~ of th/s
A~eeme~t ou the part 0£ either Pa, t~, the other Party may terrn~ate this A~eement md.the
cmher Party's fi.~rther performance of the ~nstru~t~on aft~e Work or tl~ Ag~eemenc Pro~ided
the Developer i3 in der'auld, th· City rrm7 also rcctu~re, and the Developer agrees, to remove all
rubble and deb~s from the site of the Work. Either Patty may'pursue any one or more its rights,
options, or remedies herein, or may purme any other remedy at law or in ..xtuity, whether or not
4
10. NO ASSIGn. T~e Devdopm' sh~il ae: ~ssi~ ks
~~t ~ ~e pder ~ co~t of t~ Ci~, ~oh ~Ren coment'~t ~ be
~nably
11. ~~C~ DESI~S ~ DAT~
Da~ ~ r~n the Sol~ prop~ of the Ci~ md may be us~ by ~e D~elop~
work ~ ~h~ pomona of~e D~opm~t. ~e D~etop~r shall not ~s~
my cldm to ~e Data ~der the d~i~ patent or cop~8~ ~ws ~d ~a~ not .pub~ah.or r~pr~uce
~ch Data ~ whoa or ~ ~ or in ~y m~ or fo~ or au~h0~e o~s todo
~ ~em of ~e City. -
B. ~ Devdop~ ~ ~ or pro~de ac~s~ to copies of ~ ~ b~lt ~a~ngs
or ~e~ dra~gs or ~ ~t~ upon ~he rc~u~ of the
12. S~ CO~O~. ~e ~op~ ~ promptly, ~d
co~oas ~e di~.~ =o~' ~ ~ ~su~~ or lat~ physi~ :o~ons a~ ~ s~ of
the Wo~ d~n~ ~ted~ly fz~m ~h~e ordin~i~ fo~d, or ua~own p~ ~nditions.
~te of ~e Work. of ~ unu~ ~, d~ng ~te~IY ~om ~ose ard~?
~y ra~d as imped~g t~ Wo~ provided for in ~'s A~e~t.
~t be obtg~ to r~oca~ u~es or ~ted~ obs~ons ~ound in ~e ~~on or,he Off-
Si~e Sid~ ~g ~m ~e ~ bo~ o~o~ C~ Avenu~ ~ong ~d
~ b~ of~s~g ~a~n S~ ~o-the ~ bou~a~.ofU.S. ~ghway 1. ~he Ci~
d~ ~he rdoca~on of a~ii~ ~ ob~ons ~ ~e cons~on of the ~-Site Sid~ then
the p~es a~ee th~ ~e Devdop~ (i) m~ be ~d:~d}fio~ ~nds ~u~ to ~e D~'~op~'~
~= ~ ~ or Cfi) ~Y r~ve .o~ ~cce~ls-~i~ ~om ~e ~ ar
~ ~s ~~t ~ to ~he ~-Site S~ ~aioz of the Wo~.
13. ~G ~. ~e D~o~ sh~]~ ~ ~s k==p
the si~ o/'the Work, including ~toraSe, areas used by h, free fi'om accumulations of waste
r~tar/al or rubbish, Pr/or to completion of~h~ Work, the Developer shell remove any rubbish
from and ahoux th· si~e of the Work ~d all too}s, ~quil~ment, and maz~-ials. Upon completion of
the Work, the Developer shall leave the Work and premises in a clean, neat and worlcnanlike
I4. CITY BU]LDiNG P~S. Upon =xccution of this A~eernent a;~ upon the
Cky's approval of the Deve/oper's Paving and Drainage Site Plan the Cit'y will promptly issue
required penni~ for uhe ¢omm~ent of the Work.
15. PARKING. Upon the City's appror,,a/of the Paving and Drs/nage Site Plan, the
parking data provided and the parking spaces deplc~sd in the approved Paving znd Dra/nage Site
Plan will h, u~ecl by ~h.- DeVeloper ~o meet the Cits,'s parking :rheria for the entire
Development. The P~mt. ies sped~cal~ly a~ree that those parking spaces depicted amid located ~ the
c=mer of the ~ack~on Street Expansion and zll on =meet parking d~pict~ in the ~pproved P~.vin~
aad Drainage Site Pfan_--' ~uf~cient for the entire Development.
16. EXCUSABLt~ DELAYS. The Developer shsJl no: be liable for any dehys ht
performance or fa/lure, m perform due to caus=s b=yond th: control ~n~t without the fault or
n~-~ligence of' the Developer. Such cauls Lnclu'de bu~ are not limimd zo, acm o~'C.~d, ac'~s o£the
public enemy,, the act or fa/lure to act of any gov~rrmnen~s/eztity or body, hurricanes,
i~oods, ep4den-~cs, quarantine remric~on% 'mikes. embargoes, unusually sev~e wea~er, or delays
of ~[:~..on~rs ~ material, m~rA ari.~ing from unforeseeable causes beyond the control and
withou~ the fault or negligence of such suh-cont'ractor$ or ma:eri~l men.
! 7. INDUS~ LAWS AND BENE~TS. The Developer, in ail n'm~ers relating to
this .4~reemea~, shall be acting as an fndel~ndent.~n~rac~or. Neither t. he Develop~ no=' a.ny of
thc per~3ns ~rnlshin~ mazerials or perform~g work or services which arc required ~3y this
Agreement are employees at'the Cky within the. meaning of or the application o/'any f~deraI or
sate unemploymen~ insurance law, Social Security, or gay Worh'ncn's Compensation, indusu'ial
a=:ident law, or other industrial or labor law. The Developer, at i~ own ~xp~s=, shall ~mply
with all such laws, and a.s~me ~1 obligations imposed b'y any one or more such laws with re~pea
to ~s
18. INSPECTIO!~ AiND ACCEPTANCE.
A. inspection, ~ng and verification by the City of material and
required by ~hls Agr~m:nt shall be made al r~a.sonab{¢ ~ and ~t *.he ~it~ ofthe Work
B. Prior to the time of ¢omptetioa of any portion ortho Work, the Developer shall
replace, without charge, any def~'ziv~ or non-conform~g material or correct any workmanskip
found by the City tn be defective or not to conform to the ~equ/rernem~ of ~ Agr~m-nent. The
Developer ~ sci;regain prompt~ and remove rejected material from the site of the Work.
C. If the Developer doe~ not replace promptly rejected material or correct
rejected wortcmanskip, the City n-my, by agreement or otherw/.~, r~placc soch rejected material or
correct such workmansh/p and charg~ th= ~ost thereof to the Developer, or term/hate the
DewtOper'-~ fight to proceed to perform the Work in accordance with th~ Agreement.
D~ All inspe~ons, te~ and v~fr. atiom by the City shall be performed/n
rammer ~ to not unnec~ssaz~ de~ay the Work.
E. Should.it be c~nsidered neceasary or advisable, by the City ~t
time before accept~ce of the Work to m~e ~ examination of the Work to the extent already
comp~eck by removing or tearing out same, the Developer ~all re.on.ably ~ccomrnod~te the
examinafiov_ Itsuch.Work is £ound to be ctffective or noncorff'orming k~ any materi~l reapect, the
D~eloper si'mil b¢~r ali.the expense~ of'such ex,toxin.on ~ o£ sari~q~tory recon~cruction.
however, such Work is found to meet the requirements.of this Agreement, the City sh~ pay
additional, cost therefor to the,Developer ~'rd, itCompIetion, ofzhe Work has been
thereby, the Developer shall in ~fion, be $r~nt~. s reoaon~le e~emion of ~ime.
~'. The City ~h~ll h&ve t~n (t0) lmsine~ d~y~ from'the Developer'~ notification
the Work is cornple~ to conduct itt final impmfion cfi'the Work md to accept the. Work.
the exception o.f the li~g fl~ures, upon ~.~pt~ce'ot~e Work paymem of the mm ~ forth
in P~ragr~ph 2 abo,m shall be remit~ to the De,mlop~ l~]ment o£~e surrn' in..P~gr~ph 2
~oe~ed to lighting fixmre~ ~ be rerni~ted to the D~ve, loper by tim City. ~th.in twenty (20)
busings days of detivery of the .Ii~I~ ~ Acceptance shall be, Fa'mi and conciu~/ve
as resards latent defects, fraud, or such gross rnimak~ as may amount to
19: ]I',~S~Ct! Before cmrfmen~g the Work, the Developer ~hal] procure and
~~ i~ed ~ ~e De.elope: ~r~ce ~= sh~l be de~v~ to ~e C~ b~ore ~e
or mdu~ou of cov~ge or b~ ~ut ~t 1~ 30 clays prior ~ notice to the CiW,
~ s~ fo~ ~e follomn$:
A, Wor~en's Comp~fion ~su~ce. The Develops, ~ i~ u~s its worsen
~r ~e ~m~on ~ ~c Wor~ md ~e mb-mn~actors ~ have in ~em Wor~'
Comp~a~on In~m~ ~ the moun~ r~uked by the laws of ~e State ofEofid[ ~clud~g
m~'s ~ covem~ of not l~s ~.$100,000.00 for bo~y ~j~ by ~
ll~,~0.~ for ~odfly ~j~ by ~ch o~p~ond ~ md $500,000.00 a~m~
B. Compr~mdve ~ ~ ~s~m. ~e Develop~ and
~ ha~ in ~ct polities ofgm~d l~bi~W ~, for ~ operations, including praducm
~ffi~ for my pro~ct ma~r~ or ~1~, ~ ~op.~fion~ inSpeCt
m~or~, completed op~fiom, conmm~ ~ab~w ~=age 0nduding ~a ~mem)
~ ~v~g~ ne: less ~m ~at ~e stand~d ~emi~ gen~ ~ab$~ murm~
Cov~es ~ app~ to a~a ~a~g ~om d~ bodily hju~ ~ prop~7 d~ge
1~ ~ 15~,000.00 for ~ o~~ ll,O00, OOO.O0 ~e~t~ md
produ,~mpl~ed operado~.~egam ~t. ~ p~s sh~l be ~dorsed :o be
mn-~mfibum~ :o my ~um~ ~: may be m~n~ ~ or on b~.l~ of~
C, Compreh~ Automobile Liabil~ brace. ~e D~top~ md mb-
m~oo shall ham in ~ect ~tomobfle. ~a~W in~m~ cov~age on ~ omed, non~
~ ~ ~tomobfl~, ~c~ t~ md oth~ optic ~d~ or equipm~t used
Dev~op~ md mb~nm~ors h piffom of t~ Work Thc ,ov~ga ~ not
tat ff the m~d bum~ amombfle li~ po~ ~ ~ of not less :h~ ~500,000,00
m~' ~e ~t for ~ om~n~ ~r bo~y injuu or dea~ ~d pmp~ da~ge or
bo~y ~ju~ ~s ors 100,000.00 p~ p~ / ~ 00,000.00p~ accid~t ~d pmp~ da~ge
li~s 0£$$00,000.00 per
~0. ~ACI'URE3 WARRANTIES. M~nu~.~rer~ w~ rec~v~ ~
D~op~ ~ ~e ~pplic~le ~o ~y m~, equipment, p~s, prope~ ~ ~e~ces ~~
b~ ~e D~oper ~ ;~s A~eemen~ ~1 sure a~t~e ~d sh~ b~efit ~e Ci~.
21. ~~ ~ W0~S~. ~1 ~uipm~ mate~ ~ ~cles
~ng ~ Dr~g~ Sit~ Pl~ for ~ ~se ~e~d~. R~ence to ~y ~~
mb~mte ~y ~p~t, ~t~ ~id~ or proc~s which ~ ~ jud~ of ~e ~v~op~
~ to ~ n~d, ~ Dev~op~ s~ ~ ~o. the Ci~ for the C~s approv~ ~e ~e
t~e ~~er, ~ mod~ num~, ~d oth~ ide~ing da~ ~d iffo~ation mspe~ing
~e Developer ~;~plates ~t~g ~ ~e Work ~ ~b~mt~ e~ipment ~cles.
~. ST0~GE ~ ~ AC~S. ~e D~elop~ ~; to the ~en~
u~ ~~d road ways or ;~m~ ~d u~ ~ch t~pom~ ro~d w~ys ~ rosy b~ n~s~ to
Wor~ ve~cles ~ not be lo,ed b~M ~e long cap~W re~end~ ~ ~e
of the v~cles or p~b~d ~ ~ l~w or ~at~n or ~.~t~ by t~e ~ ~e or
~ d~e ~ be pm~d ~y the D~ ~ ~y d~ed ro~d~ ~gs or hd~l~
~I ~ r~p~d .b7, or a; ;be ~p~s~ o~ the ~doper ~d ~ou; ~ or ~ m ~e
~e De~op~ ~, ~pt ~ n~ded ~n ~e ord~n~ ;our~e o~e D~'elop~'s p~m~ce
or 1o~ l~s, roles, or ~l~ons. Wi~ ~g ~e f~o~g, ~e D~dop~ ~ not
or ~ ~ Work ;o be ~'to g~ ~ufi~e, r~, ~po~ t~ ~or~
Develop~ ~ d~d. ~d~ ~ hold ~es~ ~e CiW ~om ~d ag~st ~y c]~
d~ds. p~, ~, li~flities, s~em~ts, d~sgea, co~s or exp~ ~what~ ~d or
~mr~ ~ or ~o~ con. eat or o~c~se, ~img out o~
t~ pr~c~ ~pos~ rclc~ ~ ~~ r~e 0f a~. ~dous mat~i whJ~ ~e let on
or ~ ~ ao~ ~, region, p~mm, or ~ by the D~etopcr, Ci) ~ pe~ in~ or
d~ or prop~ d~ge ~ o~ ~or r~a~d to tach u~ o~h~dou~ ~t~s ~ ~e
D~&o~, Off) ~Y ~elstien by ~e ~v~op~ ~law~ ord.. re~adons, r~quir~cm~ or
pm~ or pro~ ag~n~ th~ D~elop~, or (v) ~ ~esti~tive costa co~ltam
p~~ce, of~e Work th~ D~dop~ ~ r~ ~ Work ~d ~ cons~on, hte to thc
Ci~ ~ of ~ and'~ ~dous ~a so tMt ~e c~tion'o~c Work ~d ~e con~on
c~~on ~e Work.
S~TY:
A..~ Develop~ sh~.b~ r~s;o~l~ ~or ~e~ r~I~t~
p~~c~ t~ ~~ ~ prose~on o~the Work, TM D~op~
~se is~ by thc Ci~ or t~ D~dop~. md ~ ~io~s of thc forego~g t~ ~y h~~
b~ ~ph~ble,
B. ~e D~op~ ~1 i~ately no~ the City o~
~ inju~.to, or d~ ~ p~ons which oc~s ~ co~on ~ ~e Wo~
C. ~e D.~oper ~ d~, ~m~ and ho~ ~~
my ~ju~ or dea~ to p~sons or prop~ ~e ~ng ~e ~m~on
E~nsi~.
10
:14. Sl:ZC~CATIOH$ AND DP, AWE'CG$. Azr/thini mention~ ir: the sp~ific~io~
and not shown on the clrawinss, or shown on the drawings and nog mentioned in the
specifications, shall b'e alike effc~ a~ ii'shown or mentioned in both. 'In ca~e o£diff=remcc
bet~vecn drawing and specifications, the specifcaIions ahall govern. In case of discrepancy eiflaer
in the ~ures, in the drawings, or in the sp~.i/Icatioris, thc.matter shall b~ aubrai~t~ promptly to
the C'rty who ~ rnal~ a determination promptly in writin$.
25. S-O'P~t~CE BY THE DEVELOPER. The Deve. lop~r shall have a
compet~aaI f'ore, ma~ or gqaerinteadcng reasonably satisfactory to the City, on the Work site at all
times during the performance of the Work. Said foreman or auperint~rldr, nt shall have the
amhority to act for the Developer.
:26. W~ O:F CONIiTF, UC'flON. In addition ta any other wan'antics in thi~
Agreement, the D~vcloper wan~ts that the Work performed under this Agreement conforms to
thi~ ~¢nt's r~uir~rnen~ specific~ons and dmwing~ and ii fr~e from dd'ccts in ct~sign or
workznanahip perfon'ned by the Dev~oper or any of irs sub-contractor~ or m~.lerial mcn.
MiSCELLA.NEOU~.
A. Any notice, or other communication hot'ween the Pani~ aa conne.~'tion wi:h this
Agr~em~t shall be. in writMg ~d detiverext'in person to any officer or duly authorized
r~Fresematiw of*.he' other Yar-ty or *,ha Pagty for whom int~a-,d~d at the addre.$~ ($ubj~'t ~o change
by writ-ten nog.fica, don to the oth~' Parry) set forth, above.
B. This Agra-nora' has b~n negotiated and ¢x~-~tcd in thc Stat~ of~orida and
shall be governcd by and'consu'ued under the laws o£ th= State oflrlorida and jurisdiction is
agra~i to v~t in tM courts of Indian ~,cr County, lrlorida.
C. This A~'u-.u-'rncrrt.lna? be ~x¢ctlled ill one or mor~ counterparts, each ofwhlch
shall be deemed an original, but all of which to$ct, her shall constitute one and.the.same
D. The Parties shall ea~ cooperate with thc other in good faith and shall execute
such further documems and shall' perform suchitirther acts as may be reasonable n~ceasary or
appropriate t~ carry out and ~ccomp~ th~ intent si'this' Agreement.
B. This Agrmrnent, and' oxid'bits attached hereto or ~xpr~sly made a part hercoi
I1
emi~dics the enti~ A~r~emer~ and unde~t~diu~ of th~ P~'d~ a~d super~cdc~ ~ prior
-gree~nerz~ ~nd under~mding~, wdtIen or oral, beIwee,~ t~ ?~-ties w~th re~pec~ ~o the subject
]~ W1TI~S$ WI~..F~OF, the Developer ~md the CiW have exes-uteri tkis A~emcnt
w~Jch is e~'ecfive -. of the date [nd~ca~ above.
C~pfn Bulch~, L~c.
City of Seba~a~ Florida
BY: By:
Harold D. Aclan~ Presidenl
Sally A. M~o, ClvlC, C~5, Cle~k
Appro¥¢d ~ to fora md leg~ ~or ~ance
1~ic~ Str~ger, Cky Altomey
12
0
AGENDA TRANSMITTAL
Subject: Employee Health & Dental
Insurance.
~rren~o~'~ C[~anager
Agenda No. ~)~../~ 0
Department Origin:
Huron ResourcefUl_
General Services
Date Submitted: August 22, 2002
For Agenda of: August 28, 2002
Exhibits: Commentary and attachments - Appendix A - Health Plan Comparison,
Appendix B - Cost Analysis, Appendix C - Employee Costs, .and Appendix D - Dental
Plan Comparison, Appendix E - Evaluation Matrix
EXPENDITURE AMOUNT BUDGETED: I APPROPRIATION
REQUIRED: [ ,REQUIRED:
SUMlVIARY
The City's Group Health & Dental Insurance was bid via a "Re~luest For Proposal." An evaluation t~am was formed
utilizing employees from the PBA, CWA, and Exempt & Management ranks to form a well-rounded group (6 employees).
The Gehring Group, who is the City's Insurance Agent of Record, was asked to assist the Team in the evaluation process.
They assembled information from bidders and presented that information to the Evaluation Team Members.
As you are aware, Group Health Insurance premiums represent a significant percentage of the City's overall budget. The
Gehring Group, Inc. projected another increase of 20% - 25% from Blue Cross/Blue Shield of Florida (BCBS), even though
our claims experience did not justify such an increase. The Oehring Oroup was correct in their projection. BCBS
proposed a 23% increase.
Unlike previous years, the City has the option of selecting an insurance carrier other than BCBS. The Florida League of
Cities (FLC) submitted two plans for consideration, Gold and Silver. Both plans came in significantly lower~mtheBCBS
plan. BCBS did not receive any votes from the Committee to pursue renewal.
Needless to say, there are many advantages & disadvantages to any insurance plan when doing comparison studies and fiscal
impact analysis. As a general rule, cost dictate the level of coverage, hence, s~.ffseeks direction from City Council in this
matter. To assist, we have invited representatives from the Gehring Group to present a synopsis of the FLC Gold and Silver
insurance plato for your consideration. S~ffwill also provide information regarding the impact of each plan. Should you
have any questions regarding the information provided please do not hesitate to call the City Manager at 388-8200 or Jim
Sexton, Director of Human Resources at 388,8202
RECOMMENDED ACT~ION
Staff looks to City Council for direction.
To,
Thru:
From:
Date:
Re:
Honorable Mayor and City Council Members
Terrence Moore, City Mana~fL.--'''~'
Jim Sexton, Director of Human Resources
August 22, 2002
Group Health Insurance Analysis
I have provided you with Appendices that include proposed health and dental plan
comparisons and the fiscal impacts of each. Appendix A contains a "side-by-side"
comparison of the two proposed Group Health Plans for your consideration. The Group
Health Plans to be considered include the Florida League of Cities Gold (revised) and
Silver (revised). Additionally, an explanation will be given as to why BCBS will not be
given any further consideration. Appendix B i[lnstrates the fiscal impact of each plan.
As you will see the costs are presented in three tiers. The tiers are representative of
different scenarios also presented fOr your consideration. Appendix C contains the cost
the employees will incur under the same scenarios. Appendix D contains a "side-by-
side" comparison of the Dental Plans.
On Appendix B, the first tier given illustrates the costs incurred if the City w~re to waive
the CWA agreement governing the $3900 cap. The second tier illustrates the costs
incurred if the City were to hold strictly to thc CWA agreement. The third tier illustrates
the costs incurred if the City were to give the same allotment as given during a Council
Meeting last year.
BCBS
BCBS has steadily increased premiums by significant percentages since 1996 when, in
fact, our actual claims experience is well below industry standard (80%). BCBS
submitted for consideration the same health insurance plan that is currently in effect at a
23% increase in premium. The current plan is designed so that employees pay the first
$300 in charges (single coverage) or $900 (famu'y coverage). BCBS does not pay any
portion of any claim until the employee meets the deduct~le. The plan is designed to
limit usage by making it very expensive to use. As mentioned above our Iow claims
experience is a direct effect of the plan's design.
Large physician network
$1500 out of pocket (single)
80% coinsurance (a~er deductible)
$5,000,000 lifetime benefits
.CONS
High deductibles
$4500 out of pocket (family)
Premiums 10% - 20% higher
No copays (office visit/ER visit)
No preventive maintenance care
No Medicare Supplement offered
Fiscal Impact and Analysis - The cost of this plan (employee and employer) far
outweighs the benefits of the physician's network and the other '~ro" benefits are
matched or exceeded in the FLC plans. At the steady rate of increases they have
proposed over the past several years, the long-term effects would negatively impact the
future fiscal Outlook of the City. As currently proposed, the cost would represem over
10% of the City's overall budget. The Committee unanimously voted .not to seek
renewal.
FLC - GOLD
The Gold plan offers a significant increase in health insurance benefits for employees;
however, the cost is directly related to the increase in benefits. As benefits increase, the
cost increases. Even though the plan came in 10% lower than BCBS, the cost is still
greater to the employer and employee (See Appendix B & C) than the Silver Plan.
Because of the Committees' concern of the smaller physician's network, they liked the
70% out-of-network benefit and lower om-of-network deduet~le better than that offered
under the Silver plan (See Appendix A for side-by-side comparisons). This plan received
4 of the 6 votes from the Committee
PROS
$20 eopays for office visits
No deductible (in network)
$20 Preventive Care
Inpatient/Outpatient/ER $100 eopay
90% coinsurance (in network) 70% (out)
Medicare supplement offered for retirees
col s
Physicians N~work (compared to BCBS)
$1,000,000 lif~tin~ benefit
Fiscal Impact and Analysis - When selecting an insurance plan, you must consider the
short-term impact as well as the long-term. The long-term effects of this plan may
outweigh the increased benefits. Florida League of Cities bid this plan at a 13% increase
over eta'rem premium (approximately $82,000 increase). AS mentioned previously, the
BCBS plan is designed to deter utilization. Conversely, this plan makes it very
affordable to utilize. Mr. Kurt Gehring will provide a projection of what that will mean
to our future claims experience. Although potentially affordable today, the long-term
impact should be given consideration. The increase to the City if you choose to absorb
all the additional single cost is approximately $59,000.
FLC - SILVER
The Silver plan offers an increase in health insurance benefits for employees, at a very
modest 3% increase in cost (approximately $20,500). This plan came in 20% lower than
BCBS while offering an increase in benefits. This plan also came in 10% lower than
FLC Gold. The Committees' concern with ~ plan was the lower out-of-network
benefits as compared to the Gold, The coinsurance benefit is 60% under Silver and 70%
under Gold and the deductible is higher under this plan. This plan received 2 of the 6
votes l~om the committee.
PROS
$25 ¢opays for office visits
No deductible (in netwo;~c)
$25 Preventive Care
Inpatient/Outpatient/ER $100 copay
80% coinsurance (in network)
Medicare supplement offered for retirees
CONS
Physicians Network (compared to BCBS)
$1,000,000 lifetime benefit
60% coinsurance (out of network)
Fiscal Impact and Analysis - The long-term effects of this plan will be less signif~ant
than the Gold plan. FLC bid this pla~ at a 3% increase over current premium. Although
this plan does encourage ut~tion, it is not to the extent of the Gold plan. Additionally,
to keep costs down, the plan is designed to steer employees into using network doctors.
This plan makes it very affordable for employees to seek office visits for illnesses that
they would not have under BCBS, but is also designed to contain costs to mlnimiTe future
impacts. The increase to the City if you choose to absorb all the additional single cost is
approximately $15,000.
DENTAL
The Committee voted 4 - 2 for the dental plan proposed by MetLife. MetLife bid the
same coverage that is currently being provided by BCBS, with a higher out of network
benefit, at a 6% reduction. The only concern of the panel is that the network is smaller
than that provided by BCBS, but not significantly.
As mentioned in the transmittal, representatives from the Gehring Group will give a
presentation explaining the insurance plans in depth and staff will offer information
regarding the costs associated with the plans. Should you have any questions regarding
the information provided please do not hesitate to call the City Manager at 388-8200 or
Jim Sexton, Director of Human Resources at 388-8202.
Cc: Terrence Moore, City Manager
CITY OF SEBASTIAN -:
EFFECTIVE DATE: OCTOBER 1, 2002"
HEALTH
Lifetime Maximum:
Single:
Fsmli~
Dut cf Pocket Maximum
Single:
Family:.
Benefit
(Pharmacy. 30 day Supply)
Gene~lo:
Brand Name:
Non-Formulary Drags:
'Proscription Drug Benefit (Mall
Order. go day Supply)
Brand Name:
Non-Formulary Drags:
Chiropractic Services:
Phyeiclan Services
Primary Cam Office Visit:
Lab Work:
Offoe Surgery:.
Pre-Natal Visits:
Physical Exam Benefit: ·
Hospital Services
Inpatient:
:
Obstetrical Cam & Dellve~
Emergency Room:
Mental & Nervous Benefit
3utpaflant:
Inpatient:
Alcohol & Drug Abuse Benefit:
Outpatient:
inpatient:
Rates
Employee:
+ Spouse:
Employee + Chilri(mn):
Employee + Family:.
Monthly Premimum:
I; Increase:
¥o inoraaaa:
64
20
15
24
in Network Out of Network In Network Out of Network
$1 Million $1 Million $1 Million $1 Million·
N/A $30O N/A $500
N/A $900 NIA $%500
;%000 $2,000 500 $2,500
$2,000 $4,000 $3,000 $5~000
$10 Wholesale Pdce, $10 Wholesale Price, less 13~
$20 less In Network $20 less In Network
$35 Co-Pay Co*Pay
$35
$20 Wholesale Price, less 13% $20 Wholesale Price, less 13%
$40 less In Network $40 teas In Netwofl(
$70 Co*Pay $70 Co-Pay
70% ($40 Max/VisE) after 60% ($40 Max/Visit) after
$20 co*pay, then 90% Dad. 1~25, then 80% Deri.
;20 70% after Dod. $25 ~0% after Dad.
$20 70% after Dad. $25 60% after Dad.
90% 70% after Dod. 80% 60% after Dad.
$20 70% after Dad. 80% after Dod.
$20 (1st visit only) 70% after Dod., 60% after Dad.
$20 Not Covard Not Covered
I8100, then 90% $500, then 70% after Dod. $250, then 80% $500, then 60% after Dad.
$100, then 90% $100, 70% after Dad. $100, then 80% $100, than 60% after Dod.
$100, than 90% $500, then 70% after Dod. then 80% $500, then 60% after Dad.
$100, then 100% $100, then 100% $100, then 100% $100, then 100%
$20, then 90% 70%
then 90% $500, then 70%
, ,~:.~,.~:;.:~ ~., !~:~,:, ;'~,,~,.~i[/.~'. ~:;'.,', ,'..~ '.~.. ,.: .:~, ,',;' ~i ~:
· then ,~ 00% 8o~ ($5o MexNlelt)
$~00, then 80% $500, ~en 60%
$20, then 00% 70% $25, then 80% 60%
· '.':!..",i'/'i' '.i:~.~i,~'~ ':.':. ~::~ ~': ~i .~'.':'.i~.~' i;,;=~",¥1ii"::"ii~ :: '.". ;: .'~...' .~.' '~: '- ,. ...........
;~'::i.:: :~'~' ." ~" '": '" ~. ~&'.'ii':':,' "::,, ~ ;: ,;"~ i," "" ':;~:, ": , ,.'.~
,.:' .,,. '.{:ii. i": ,,, ,.
$100,, then 80% $500, then 70% then 80% $800, then §0%
$366.46'
$666.95
$5!'6.70
'$817.20
$64,185.74
$769,868.86
$~4,615.48
12%
$334,39
$608.59
$471.49
$745.59'
$s8,541.?
$702,500.04
$17,249.64
3%
In accordance with the RFP for Health/Dental Benefi~ the following namir reflects
the EvaluatiOn Team's recommended seleetiota
('Proposed) ~posed)., ~0~sed) .......
Choice: ~C - GoM ~C - S~er B~$
*Please note two committee members abed from selecting a second trod or third
choic&
DENTAL INSURANCE
Met Life " Met Life (PropOsed) "BCB$ Ren~,al
(P~vo~t) (h Network (~ropos~)
(90~' Perg, en~q~) Negotiated Amounts)
Choice ' 4 ' 2 ' ' .....
~ Secqnd Choice ,,, 2 ...... ,/ ....
Thir~.,.Cho~e ~ .. ' .... S ,
Recommended ~ ~ ~ · ·
Choices: M~ Life Met Life (Proposed) BC'B$ Reamval
~roposed) (la Network ,~ (Proposed)
90la ~ercentile Negotiated Amonnts)
*Please note two committee members abstained from selecting a second and or third
ehoic&