Loading...
HomeMy WebLinkAbout09111991SUMMARY MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 11, 1991 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Mayor Conyers called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Reverend Merola, St. Elizabeth Church. 4. ROLL CALL Present: Mayor W.E. Conyers Councilman Peter Holyk Vice Mayor Frank Oberbeck Councilman Lonnie Powell Councilman George Reid Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Finance Director, Mike Hudktns City Planner, Catherine Hilton City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Summary Minutes Regular City Council Meeting September 11, 1991 Page Two 5. AGENDA MODIFICATIONS !ADDITIONS AND/OR DELETIONS) Mayor Conyers announced that the budget hearings would take place on September 18, 1991 at 7:00 p.m. (This, in effect, withdrew items 7 A & B from the agenda) ' ~ ~.Tf~ MOTION by Holyk/Oberbp~,k~ I move item 17~.-A"-'~e removed from the agenda. VOICE VOTE on the motion carried 5-0. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 91.241 Proclamation - Constitution Week - 9/17/91 throuqh 9/23/91 (Betty Bock Receiving) Mayor Conyers read the proclamation. not in attendance. Mrs. Bock was 7. PUBLIC HEARING, FINAL ACTION 91.131 RESOLUTION NO. R-91-32 - Adopting ~ Millage Rate of 6.452 MILLS - (R-91-32) 2nd Public Nearing and Adoption RESOLUTION NO. R-91-32 IS TO BE READ IN FULL IN ACCORDANCE WITH FS 200.065 (2)(d) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE LEVY OF AD VALOREM TAXES FOR THE CALENDAR YEAR 1991; PROVIDING FOR DEPOSIT OF TAX LEVIES; AND PROVIDING FOR AN EFFECTIVE DATE. (lst PH 9/4/91, Advertised 9/9/91, 2nd PH 9/11/91) This item was deferred to 9/18/91. 91.131 RESOLUTION NO. R-91-33 - 91/92 FY Budget (R-91-33) 2nd Public Hearing and Adoption A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991, AND ENDING SEPTEMBER 30, 1992; APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER Summary Minutes Regular City Council Meeting September 11, 1991 Page Three 30, 1992, SUCH APPROPRIATIONS BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO AMEND THE SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING AS OF SEPTEMBER 30, 1991; PROVIDING A MEANS TO AMEND THE SAID BUDGET TO REFLECT GRANTS RECEIVED AFTER SEPTEMBER 30, 1991; PROVIDING A MEANS TO AMEND SAID BUDGET SO AS TO CARRY FORWARD UNENCUMBERED BALANCE IN CAPITAL PROJECTS FUND; AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE INCREASED THEREBY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst PH 9/4/91, Advertised 9/9/91, 2nd PH 9/11/91) This item was deferred to 9/18/91. 91.189 Ce ORDINANCE NO. O-91-22 - Amending LDC Section 20A- lO.2.B. - Appearance Of Sites and Structures (O-91-22) 2nd Public Hearing and Adoption AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE APPEARANCE OF SITES AND STRUCTURES; AMENDING SECTION 20A-10.2B OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING CRITERIA FOR EVALUATING THE APPEARANCE OF SITES AND STRUCTURES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/14/91, Advertised 1/4 Page 8/21/91, 1st Public Hearing 8/28/91, Advertised 1/4 Page 9/4/91, 2nd Public Hearing 9/11/91) The City Attorney read Ordinance No. 0-91-22 by title only. Mayor Conyers opened the public hearing at 7:08 p.m. Claudean Silvio, 641 Crystal Mist Avenue, Sebastian. MOTION by Holyk/Oberbeck I move that we accept the second (reading) public hearing of Ordinance No. O-91-22 amending LDC Section 20A-lO.2.B. Appearance of Sites and Structures and move for adoption. Summary Minutes Regular City Council Meeting September 11, 1991 Page Four 91.144 91.242 91.243 91.244 91.245 ROLL CALL: Mayor Cony,rs Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid aye aye aye aye aye MOTION CARRIED 5-0. PUBLIC INPUT ON AGENDA ITEMS A1 Vilardi, 445 Georgia Boulevard, Sebastian. Walter Lund, Jay Street, Sebastian. 9. CONSENT AGENDA Approval of Minutes - 8/28/91 Regular Meeting, 9/4/91 Special Meeting, 9/4/91 Workshop increase Number of Pre-Qualified Bidders for the Police Station from Three to Six (City Manager Recommendation dated 9/5/91) RESOLUTION NO. R-91-35 - Abandonment of Easement (R-91-35, City Engineer Memo dated 8/28/91, Application, Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE EAST FIVE FEET OF LOT 5 AND THE WEST FIVE FEET OF LOT 6, BLOCK 129, UNIT 4, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5/100, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Request for Use of Yacht Club - Colonial Dames XVII - Rummage Sale - 11/91/91 - 8 a.m. to Noon - Permittee Betty Bock (Application, Knowles Letter dated 9/3/91) Receive Code Enforcement Orders - Case Nos. 91- 4999 (McCusker) and 91-5469 (Bagby) (Orders) Old City Garage Building Renovations - Direct Staff to Engage Subcontractors - Approximately $6,500 (City Manager Recommendation dated 9/5/91) Summary Minutes Regular City Council Meeting September 11, 1991 Page Five 91.062 G. 91.246 H. 91.247 I. 91.248 J. 91.249 K. 91.236 L. 91.237 M. Bid Award - Riverview Park Phase I - Henry Fischer & Sons, Inc. - $23,502.84 (Staff Recommendation dated 9/5/91, Bid Tabulation) Bid Award - Council Chambers Glass Doors - Central Window of Vero Beach, Inc. - $5,953.35 (Staff Recommendation dated 9/5/91, Bid Tabulation) Bid Award - Community Center A/C - Palm Aire and Electric - $5,165.00 (Staff Recommendation dated 9/5/91, Bid Tabulation) Bid Award - Two Cab & Chassis - Heintzelmen's Truck Center of Orlando - $15,787.00 (Medium) - $11,997.00 for F-250 Truck - Reject Bid from Luke Bolton Ford (Staff Recommendation dated 9/5/91, Bid Tabulation) Review Golf Course Rates (Draft) Resolution and Schedule Public Hearing for 9/25/91 (Staff Recommendation dated 9/5/91, Draft Resolution) United Way - Approve Use of BSSC Facilities and Creative Playground for Fundraiser on 11/2/91 - Subject to Submittal of Proof of Liability Coverage and Documentation Holding the City Harmless to City Attorney (No Backup) RESOLUTION NO. R-91-36 - Harris Sanitation Franchise Extension (R-91-36) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN EXTENSION OF TIME FOR THE TERMINATION OF THE HARRIS SANITATION, INC. FRANCHISE; AMENDING SECTION 19 OF THE HARRIS SANITATION, INC. FRANCHISE AS PREVIOUSLY AMENDED IN RESOLUTION NO. R-84-48A; PROVIDING FOR ACCEPTANCE BY HARRIS SANITATION, INC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 9/4/91) Summary Minutes Regular City Council Meeting September 11, 1991 Page Six 91.238 N. RESOLUTION NO. R-91-37 - Treasure Coast Refuse Franchise Extension (R-91-37) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN EXTENSION OF TIME FOR THE TERMINATION OF THE TREASURE COAST REFUSE, INC. FRANCHISE; AMENDING SECTION 19 OF THE TREASURE COAST REFUSE, INC. FRANCHISE AS PREVIOUSLY AMENDED IN RESOLUTION NO. R-84-47A; PROVIDING FOR ACCEPTANCE BY TREASURE COAST REFUSE, iNC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 9/4/91) Mayor Conyers read the consent agenda in its entirety. Vice Mayor Oberbeck removed items D, H, I, and L. Councilman Powell removed item B. MOTION by Oberbeck/Holyk I move to approve the following items on the consent agenda; A, C, E, F, G, j, K, M and N. ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers MOTION CARRIED 5-0. aye aye aye aye Item B - 91.144 - Increase Number of Pre-Qualified Bidders for the Police Station from Three to Six The City Manager said the request for an increase to six bidders was to assure that three competitive bids were received, however, it now appeared that only three bids will be received. MOTION by Powell/Holyk I move we approve item B. The City Attorney recommended that Council make a finding of fact and make it a part of the record in regard to approval of this item pursuant to Section 2-64 (J) of the Code of Ordinances that; "there is good cause for limiting it to these three bidders and Summary Minutes Regular City Council Meeting September 11, 1991 Page Seven articulate the fact that the reason you are doing this is because of the work that's already gone into this, the need to move ahead quickly on this project without delay, the specific need due to the fact that your current Police Department facility's inadequate and you're concerned for the safety of the citizens by providing an adequate law enforcement facility for the Police Department". Councilman Powell and Councilman Holyk added that finding to their motion with the concurrence of Council. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye aye MOTION CARRIED 5-0. Item D - 91.243 Request for Use of Yacht Club - Colonial Dames XVII Century - Rummage Sale - 11/9/91 - 8 a.m. to Noon - P~rmittee ~ Bock (Application, Knowles Letter dated 9/3/91) MOTION by Oberbeck/Holyk I move we approve item D and stipulate in my motion that the security fee be paid and refundable and we reduce it by 50% for local organizations and that we waive the use fee. ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck aye aye aye aye aye MOTION CARRIED 5-0. Item H - 91.246 Bid Award - Council Chambers Glass Doors - Central Window of Vero Beach~ Inc. - $5,953.35 (Staff Recommendation dated 9/5/91L Bid Tabulation) Vice Mayor Oberbeck requested that staff contact the contractor who installed the glass doors at the Community Center to weatherstrip them and that if he will not do so he be eliminated from any future bids. Summary Minutes Regular City Council Meeting September 11, 1991 Page Eight MOTION by Oberbeck/Holyk I move we approve item H of the consent agenda. ROLL CALL: Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 5-0. Item I - 91.247 - Bid Award - Community Center A/C - Palm Aire and Electric - 85,165.00 (Staff -- Recommendation dated 9/5/91, Bid Tabulation) The City Manager said that although the bid amount is higher than the budgeted amount, funds are available. MOTION by Oberbeck/Holyk I move we approve item H of the consent agenda. ROLL CALL: Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid aye aye aye aye aye MOTION CARRIED 5-0. Item L - 91.236 - United Way L ~ove Use of BSSC Facilities and Creative Playground for Fundraiser on 11/2/91 - ~ect to Submittal of Proof of Liabili~ Coverage and Documentation Holding the City Harmless to City Attorney (No Backup) Vice Mayor Oberbeck stated that any use of city facilities is non-exclusive use. MOTION by Oberbeck/Holyk I move to approve the United Way request and approve item L of the consent agenda with my previous statement. Summary Minutes Regular City Council Meeting September 11, 1991 Page Nine 91.003 91.162 ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers MOTION CARRIED 5-0. 10. MAYOR'S MATTERS 11. COUNCIL MATTERS aye aye aye aye aye 12. 13. 14. 15. A. Vice Mayor Oberbeck B. Councilman.Holyk C. Councilman Powell D. Councilman Reid CITY ATTORNEY MATTERS CITY MANAGER MATTERS Recess 8:04 p.m. to 8:15 p.m. COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS Report on FDOT Median Improvements (Staff Recommendation dated 9/5/91, FDOT Letter dated 8/30/91) Sebastian City Hall Historic Preservation Grant Request Status - Direct Staff to Resubmit Application, Prepare RFP for Registered Architect, Secure Endorsements and Pursue Registration of City Hall on National Trust Registry (Staff Recommendation 8/29/91) Summary Minutes Regular City Council Meeting September 11, 1991 Page Ten 91.129 MOTION by Oberbeck/Powell I move to go ahead with the recommended action and direct staff to proceed. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye aye MOTION CARRIED 5-0. CAVCORP .prgperty - Direct City Attorney ~o Prepare Documents Necessary for Purchase (City Manager (Cit~ Manager Recommendation dated 9/5/91, Pages of Appraisal dated 8/30/91, Barnett Letter dated 8/22/91) Ron Harsh, 550 Bay Harbor Terrace, Sebastian. Joe Morozowski, 513 Carnival Terrace, Sebastian. George Metcalf, 425 Pine Street, Sebastian. Jim Wadsworth, Sebastian. Warren Dill. Peter Jones, 925 Indian River Drive, Sebastian. MOTION by Reid/Holyk i move we direct the City Attorney to prepare documents necessary to purchase CAV Corp. property. ROLL CALL: MOTION CARRIED 4-1. Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck nay aye aye aye aye Summary Minutes Regular City Council MeetinG September 11, 1991 Page Eleven 16. NEW BUSINESS 91.250/ A. 91.125 ORDINANCE NO. 0-91-23 - Code Enforcement Board Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (0-91-23) 1st Reading, Set Public Hearing 9/25/91 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE V OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN CODE ENFORCEMENT BOARD; AMENDING SUBSECTION (c) OF SECTION 2-94 PERTAINING TO THE TERM OF OFFICE OF MEMBERS OF THE SEBASTIAN CODE ENFORCEMENT BOARD; AMENDING SUBSECTION (d) OF SECTION 2-94 TO REVISE THE PROCEDURE FOR FILLING VACANCIES AND REAPPOINTMENTS; AMENDING SECTION 2-94 TO ADD NEW SUBSECTION (f) PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CODE ENFORCEMENT BOARD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion & Direction to City Attorney 8/7/91) The City Attorney read Ordinance No. 0-91-23 by title only. J.W. Thompson, 125 Main Street, Sebastian. Amendments were made as follows: Section 1 - (c)(5) - "be reappointed to serve another consecutive term unless no other individual who is otherwise legally qualified to serve as a regular member of the board files an application with the City Clerk to serve as a regular member of the board that is pending at that time" was added. Section 3 - (f) - "that such member was not otherwise excused from attending by the Chairperson of that meeting" was added. Summary Minutes Regular City Council Meeting September 11, 1991 Page Twelve 91.251/ 91.125 MOTION by Holyk/Oberbeck I move we pass the first reading of Ordinance No. O-91-23 Code Enforcement Board Terms, Filling Vacancies and Reappointments, Chairperson and Vice Chairperson Terms with amendments that we've Just heard and set the public hearing for September 25, 1991. ROLL CALL: Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell aye aye aye aye aye MOTION CARRIED 5-0. ORDINANCE NO. 0-91-24 - Construction Board Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (0-91-24) 1st Reading, Set Public Hearing 9/25/91 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VII OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN CITY CONSTRUCTION BOARD; AMENDING SUBSECTION (d) OF SECTION 7-92 PERTAINING TO THE TERM OF OFFICE OF MEMBERS OF THE CITY CONSTRUCTION BOARD; AMENDING SECTION 7-92 TO ADD NEW SUBSECTION (n) PERTAINING TO FILLING VACANCIES AND REAPPOINTMENTS; AMENDING SECTION 7-92 TO ADD NEW SUBSECTION (o) PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CITY CONSTRUCTION BOARD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion & Direction to City Attorney 8/7/91) The City Attorney read Ordinance No. 0-91-24 by title only. Summary Minutes Regular City Council Meeting September 11, 1991 Page Thirteen (Amendments as follows: Section 1 - (d)(5) - "be reappointed to serve another consecutive term unless no other individual who is otherwise legally qualified to serve as a regular member of the board files an application with the City Clerk to serve as a regular member of the board that is pending at that time" and Section 3 - (o) - "that such member was not otherwise excused from attending by the Chairperson of that meeting") MOTION by Holyk/Powell I move we pass the first reading of Ordinance No. O-91-24 Construction Board Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms with amendments Just discussed and set the / public hearing for September 25, 1991. .%..,~. ViceROLL Mayor CALL: Oberbeck excused 9:53 p.m. to 9:54 p.m.(~~ "' ......... Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid aye aye absent aye aye 91.252/ 91.125 MOTION CARRIED 4-0 (Oberbeck - absent - excused) ORDINANCE NO. O-91-25 - Planning & Zoning Commission - Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (O-91-25) Reading, Set Public Hearing 9/25/91 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XI OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN PLANNING AND ZONING COMMISSION; AMENDING SUBSECTION A OF SECTION 20A-11.3 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE ESTABLISHMENT, COMPOSITION AND TERMS OF MEMBERS OF THE PLANNING AND ZONING COMMISSION; PROVIDING FOR A PROCEDURE FOR FILLING VACANCIES AND MAKING REAPPOINTMENTS; PROVIDING REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CITY PLANNING AND ZONING COMMISSION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT Summary Minutes Regular City Council Meeting September 11, 1991 Page Fourteen 91.253/ 91.125 HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion & Direction to City Attorney 8/7/91) The City Attorney read Ordinance No. O-91-25 by title only. (Amendments as follows: Section 1 - A.(5) - "be reappointed to serve another consecutive term unless no other individual who is otherwise legally qualified to serve as a regular member of the board files an application with the City Clerk to serve as a regular member of the board that is pending at that time" and Section 1 - A.3. - "that such member was not otherwise excused from attending by the Chairperson of that meeting". MOTION by Holyk/Oberbeck I move we accept the first reading of Ordinance No. O-91-25 Planning and Zoning Commission Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms with the amendments previously stated and set the public hearing for September 25, 1991. ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers aye aye aye aye aye MOTION CARRIED 5-0. ORDINANCE NO. O-91-26 - Board of Adjustment - Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (0-91-26) let Reading, Set Public Hearing 9/25/91 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XI OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN BOARD OF ADJUSTMENT; AMENDING SUBSECTION A OF SECTION 20A-11.2 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE ESTABLISHMENT, COMPOSITION AND TERMS OF MEMBERS OF THE BOARD OF ADJUSTMENT; PROVIDING FOR A PROCEDURE FOR FILLING Summary Minutes Regular City Council Meeting September 11, 1991 Page Fifteen VACANCIES AND MAKING REAPPOINTMENTS; AMENDING SECTION 20A-11.2.C.3.a OF THE LAND DEVELOPMENT CODE PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN BOARD OF ADJUSTMENT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion & Direction to City Attorney 8/7/91) The City Attorney read Ordinance NO. O-91-26 by title only. (Amendments as follows: Section 1 - A.(5) - "be reappointed to serve another consecutive term unless no other individual who is otherwise legally qualified to serve as a regular member of the board files an application with the City Clerk to serve as a regular member of the board that is pending at that time" and Section 2 - a - "that such member was not otherwise excused from attending by the Chairperson of that meeting" MOTION by Holyk/Oberbeck I move we accept the first reading of Ordinance No. O-91-26 Board of Adjustment Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms with the amendments previously stated and set the public hearing for September 25, 1991. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye aye MOTION CARRIED 5-0. 17. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 91.254 North County Coordinator Request to Convert Senior League Field to Softball Field - (City Manager Recommendation Dated 9/5/91) This item had been previously deferred. Summary Minutes Regular City Council Meeting September 11, 1991 Page Sixteen 91.255 B. Communit~ Partnership/National Organization on Disability ~uest Fee Waiver for Use of Yacht Club (Staff Recommendation Dated 9/5/91, Mitten Letter Received 9/5/9, Program Information ~ Rules And Regulations) Catherine Mitten, National Organization on Disabilities. MOTION by Oberbeck/Holyk I move to waive the fee for twelve months and reduce the security fifty percent. ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck aye aye aye aye aye MOTION CARRIED 5-0. 18. ADJOURN - 10:05 p.m. City of Sebastian POST OFFICE BOX 780~127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) $89-5570 SUBJECT~ Police Station Approved For Submittal City Manager Agenda No. Dept. of Origins City Manaqer Date Submitted~ 9/5/91 For Agenda Of~ 9/11/91 EXPENDITURE REQUIRED~ AMOUNT BUDGETED= APPROPRIATION REQUIRED~ SUMMARY STATEMENT At its Regular Meeting of September 4, 1991, the Sebastian City Council directed staff to rebid the police station with a pre- qualified list of bidders. The bid was to be restricted to the three (3) lowest bidders who submitted original bids on the police station. The Local Chapter of the Associated General Contractors brought to staff's attention, that in consideration to all six (6) original bidders, all should have the opportunity to resubmit bids on the reduced scope of work. Additionally, the City would have a better opportunity with more bidders of getting the project bid within its budget. Contractors who bid the original project are all familiar with the building, would need a minimal amount of time to recalculate and resubmit their bids and the City would avoid any additionally delays that a public bid would bring. The architect plans to have the revised construction drawings and specifications ready for the contractors by Wednesday, September 11, 1991. Therefore, there would be no time delay in increasing the number of pre-qualified bidders from three (3) to six (6). RECOMMENDED ACTION Move to approve the list of pre-qualified bidders for the police station to the six (6) general contractors who submitted bids on the original project. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: September 13, 1991 TO: FROM: City Manager, City Attorney and Department Heads Kathryn M.city Clerk O'Halloran ~ ~'~. RE: Summary Minutes - City Council Actions This office intends to try a new procedure for notifying departments of actions taken by City Council at its meetings. In the'-interest of time, we will produce a summary minutes the day after the meeting and distribute it to all departments. Your office in turn should copy those pages which contain actions relevant to your department. Summary minutes will contain only motions and direct actions of Council. Should you need pages of final minutes please contact this office. Please let us know if this system works for you. sam City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUMMARY M I N U T E S SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 11, 1991 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Mayor Conyers called the meeting to order at 7:00 2. The Pledge of Allegiance was recited. Invocation was given by Reverend Merola, St. Elizabeth Church. 4. ROLL CALL Present: Mayor W.E. Conyers Councilman Peter Holyk Vice Mayor Frank Oberbeck Councilman Lonnie Powell Councilman George Reid Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper " City Engineer/PW Director, Dan Eckis Finance Director, Mike Hudkins City Planner, Catherine Hilton City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Summary Minutes Regular City Council Meeting September 11, 1991 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS ~ DELETIONS) Mayor Conyers announced that the budget hearings would take place on September 18, 1991 at 7:00 p.m. (This, in effect, withdrew items 7 A & B) MOTION by Holyk/Oberbeck I move item 17 A (91.254) be removed from the agenda. VOICE VOTE on the motion carried 5-0. 6. PROCLAMATIONS AND~OR ANNOUNCEMENTS 91.241 A. Proclamation_- Constitution Week - 9/17/91 ~ 9/23/91 (Bett~ Bock Receiving) Mayor Conyers read the proclamation. not in attendance. Mrs. Bock was 7. PUBLIC HEARING, FINAL ACTION 91.131 RESOLUTION NO. R-91-32 - Adopting a Milla_,qe Rate of 6.452 MILLS - (R-91-32) 2nd Public Hearing and Adoption RESOLUTION NO. R-91-32 IS TO BE READ IN FULL IN ACCORDANCE WITH FS 200.065 (2)(d) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE LEVY OF AD VALOREM TAXES FOR THE CALENDAR YEAR 1991; PROVIDING FOR DEPOSIT OF TAX LEVIES; AND PROVIDING FOR AN EFFECTIVE DATE. (lst PH 9/4/91, Advertised 9/9/91, 2nd PH 9/11/91) This item was deferred to 9/18/91. 91.131 B. RESOLUTION NO. R-91-33 - 91/92 FY B~ (R-91-33) 2nd Public Hearing and Adoption A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991, AND ENDING SEPTEMBER 30, 1992; APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CiTY OF SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER Summary Minutes Regular City Council Meeting September il, 1991 Page Three 30, 1992, SUCH APPROPRIATIONS BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO AMEND THE SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING AS OF SEPTEMBER 30, 1991; PROVIDING A MEANS TO AMEND THE SAID BUDGET TO REFLECT GRANTS RECEIVED AFTER SEPTEMBER 30, 1991; PROVIDING A MEANS TO AMEND SAID BUDGET SO AS TO CARRY FORWARD UNENCUMBERED BALANCE iN CAPITAL PROJECTS FUND; AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE INCREASED THEREBY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst PH 9/4/91, Advertised 9/9/91, 2nd PH 9/11/91) This item was deferred to 9/18/91. 91.189 ORDINANCE NO. O-91-22 - Amending LDC Section 20A- 10.2.B. - Appearance of Sites and Structures (O-91-22) 2nd Public Hearing and Adoption AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE APPEARANCE OF SITES AND STRUCTURES; AMENDING SECTION 20A-10.2B OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING CRITERIA FOR EVALUATING THE APPEARANCE OF SITES AND STRUCTURES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/14/91, Advertised 1/4 Page 8/21/91, 1st Public Hearing 8/28/91, Advertised 1/4 Page 9/4/91, 2nd Public Hearing 9/11/91) The City Attorney read Ordinance No. 0-91-22 by title only. Mayor Conyers opened the public hearing at 7:08 p.m. Claudean Silvio, 641 Crystal Mist Avenue, Sebastian. MOTION by Holyk/Oberbeck I move that we accept the second (reading) public hearing of Ordinance No. 0-91-22 amending LDC Section 20A-10.2.B. Appearance of Sites and Structures and move for adoption. Summary Minutes Regular City Council Meeting September 11, 1991 Page Four 91.144 91.242 91.243 91.244 91.245 ROLL CALL: Mayor Conyers Councilman Holyk Vice Mayor Oberbeok Councilman Powell Councilman Reid aye aye aye aye aye MOTION CARRIED 5-0. PUBLIC INPUT ON AGENDA ITEMS A1 Vilardi, 445 Georgia Boulevard, Sebastian. Walter Lund, Jay Street, Sebastian. 9. CONSENT AGENDA Approval of Minutes - 8/28/91 Regular Meeting, 9/4/91 Special Meeting, 9/4/91 Workshop Increase Number of Pre-Qualified Bidders for the Police Station from Three to Six (City Manager Recommendation dated 9/5/91) Cm RESOLUTION NO. R-91-35 - Abandonment of Easement (R-91-35, City Engineer Memo dated 8/28/91, Application, Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE EAST FIVE FEET OF LOT 5 AND THE WEST FIVE FEET OF LOT 6, BLOCK 129, UNIT 4, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5/100, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Request for Use of Yacht Club - Colonial Dames XVII - Rummage Sale - 11/91/91 - 8 a.m. to Noon - Permittee Betty Bock (Application, Knowles Letter dated 9/3/91) Receive Code Enforcement Orders - Case Nos. 91- 4999 (McCusker) and 91-5469 (Bagby) (Orders) Fe Old City Garage Building Renovations - Direct Staff to Engage Subcontractors - Approximately $6,500 (City Manager Recommendation dated 9/5/91) Summary Minutes Regular City Council Meeting September 11, 1991 Page Five 91.062 G. 91.246 H. 91.247 I. 91.248 J. 91.249 K. 91.236 L. 91.237 M. Bid Award - Riverview Park Phase I - Henry Fischer & Sons, Inc. - $23,502.84 (Staff Recommendation dated 9/5/91, Bid Tabulation) Bid Award - Council Chambers Glass Doors - Central Window of Veto Beach, Inc. - $5,953.35 (Staff Recommendation dated 9/5/91, Bid Tabulation) Bid Award - Community Center A/C - Palm Aire and Electric- $5,165.00 (Staff Recommendation dated 9/5/91, Bid Tabulation) Bid Award - Two Cab & Chassis - Heintzelmen's Truck Center of Orlando - S15,787.00 (Medium) ~ $11,997.00 for F-250 Truck - Reject Bid from Luke Bolton Ford (Staff Recommendation dated 9/5/91, Bid Tabulation) Review Golf Course Rates (Draft) Resolution and Schedule Public Hearing for 9/25/91 (Staff Recommendation dated 9/5/91, Draft Resolution) United Way - Approve Use of BSSC Facilities and Creative Playground for Fundraiser on 11/2/91 - Subject to Submittal of Proof of Liability Coverage and Documentation Holding the City Harmless to City Attorney (No Backup) RESOLUTION NO. R-91-36 - Harris Sanitation Franchise Extension (R-91-36) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN EXTENSION OF TIME FOR THE TERMINATION OF THE HARRIS SANITATION, INC. FRANCHISE; AMENDING SECTION 19 OF THE HARRIS SANITATION, INC. FRANCHISE AS PREVIOUSLY AMENDED IN RESOLUTION NO. R-84-48A; PROViDiNG FOR ACCEPTANCE BY HARRIS SANITATION, INC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 9/4/91) Summary Minutes Regular City Council Meeting September 11, 1991 Page Six 91.238 N. RESOLUTION NO. R-91-37 - Treasure Coast Refuse Franchise Extension (R-91-37) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN EXTENSION OF TIME FOR THE TERMINATION OF THE TREASURE COAST REFUSE, INC. FRANCHISE; AMENDING SECTION 19 OF THE TREASURE COAST REFUSE, INC. FRANCHISE AS PREVIOUSLY AMENDED IN RESOLUTION NO. R-84-47A; PROVIDING FOR ACCEPTANCE BY TREASURE COAST REFUSE, INC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 9/4/91) Mayor Conyers read the consent agenda in its entirety. Vice Mayor Oberbeck removed items D, H, I, and L. Councilman Powell removed item B. MOTION by Oberbeck/Holyk I move to approve the following items on the consent agenda; A, C, E, F, G, J, K, M and N. ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers aye aye aye aye aye MOTION CARRIED 5-0. Item B - 91.144 - Increase Number of Pre-Qualified Bidders for the Police Station from Three to Six The City Manager said the request for an increase to six bidders was to assure that three competitive bids were received, however, it now appeared that only three bids will be received. ~ MOTION by Powell/Holyk I move we approve item B. The City Attorney recommended that Council make a finding of fact and make it a part of the record in regard to approval of this item pursuant to Section 2-64 (3) of the Code of Ordinances that; "there is good cause for limiting it to these three bidders and Summary Minutes Regular City Council Meeting September 11, 1991 Page Seven articulate the fact that the reason you are doing this is because of the work that's already gone into this, the need to move ahead quickly on this project without delay, the specific need due to the fact that your current Police Department facility's inadequate and you're concerned for the safety of the citizens by providing an adequate law enforcement facility for the Police Department". Councilman Powell and Councilman Holyk added that finding to their motion with the concurrence of Council. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye aye MOTION CARRIED 5-0. Item D - 91.243 Request for Use of Yacht Club - Colonial Dames XVII Century_- Rummage Sale - 11/9/9~ - 8 a.m. to Noon - Permittee ~ Bock (Application, Knowles Letter dated 9/3/91) MOTION by Oberbeck/Holyk I move we approve item D and stipulate in my motion that the security fee be paid and refundable and we reduce it by 50% for local organizations and that we waive the use fee. ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck aye aye aye aye aye MOTION CARRIED 5-0. Item H - 91.246 Bid Award - Council Chambers Glass Doors - Central Window of Vero Beachr Inc. - S5,953.35 (Staff Recommendation dated 9/5/91r Bid Tabulation) Vice Mayor Oberbeck requested that staff contact the contractor who installed the glass doors at the Community Center to weatherstrip them and that if he will not do so he be eliminated from any future bids. Summary Minutes Regular City Council Meeting September 11, 1991 Page Eight MOTION by Oberbeck/Holyk I move we approve item H of the consent agenda. ROLL CALL: Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell aye aye aye aye aye MOTION CARRIED 5-0. Item I - 91.247 ~ Bid Award - Community Center A/C - Palm Aire and Electric - $5~165.00 (Staff Recommendation dated 9/5/91, Bid Tabulation) The City Manager said that although the bid amount is higher than the budgeted amount, funds are available. MOTION by Oberbeck/Holyk I move we approve item H of the consent agenda. ROLL. CALL: Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid aye aye aye aye aye MOTION CARRIED 5-0. Item L - 91.236 - United Way ~ Approve Use of BSSC Facilities and Creative Playground for Fundraiser on 11/2/91 - Subject to Submittal of Proof of Liabilit-~ Coverage and Documentation Holding the City Harmless to City ~ (No Backup) Vice Mayor Oberbeck stated that any use of city facilities is non-exclusive use. MOTION by Oberbeck/Holyk I move to approve the United Way request and approve item L of the consent agenda with my previous statement. Summary Minutes Regular City Council Meeting September 11, 1991 Page Nine 91.003 91.162 ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers aye aye aye aye aye MOTION CARRIED 5-0. 10. MAYOR'S MATTERS 11. COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman C. Councilman Powell D. Councilman Reid 12. CITY ATTORNEY MATTERS 13. CITY MANAGER MATTERS Recess 8:04 p.m. to 8:15 p.m. 14. COMMITTEE REPORTS/RECOMMENDATIONS 15. OLD BUSINESS ae Report on FDOT Median Improvements (Staff Recommendation dated 9/5/91~ FDOT Letter dated 8/30/91) Sebastian City Hall Historic Preservation Grant R_~_quest Status ~ Direct Staff to Resubmit Application, Prepare RFP for Registered Architect, Secure Endorsements and Pursue Registration of City Hall on National Trust Registry (Staff Recommendation 8/29991) Summary Minutes Regular City Council Meeting September 11, 1991 Page Ten 91.129 MOTION by Oberbeck/Powell I move to go ahead with the recommended action and direct staff to proceed. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye aye MOTION CARRIED 5-0. CAVCORP ~ - Direct City Atto~ Prepare Documents Necessary for Purchase (City Manager (City Manager Recommendation dated 9/5/9~., Pages of App~gisal dated 8/30.~91, Barnett Letter dated 8/22/91) Ron Harsh, 550 Bay Harbor Terrace, Sebastian. Joe Morozowski, 513 Carnival Terrace, Sebastian. George Metcalf, 425 Pine Street, Sebastian. Jim Wadsworth, Sebastian. Warren Dill. Peter Jones, 925 Indian River Drive, Sebastian. MOTION by Reid/Holyk I move we direct the City Attorney to prepare documents necessary to purchase CAV Corp. property. ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck nay aye aye aye aye MOTION CARRIED 4-1 (Powell - nay) Summary Minutes Regular City Council Meeting September 11, 1991 Page Eleven 16. NEW BUSINESS 91.250/ A. 91.125 ORDINANCE NO. 0-91-23 - Code Enforcement Board Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (O-91-23) 1st Reading, Set Public Hearing 9/25/91 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE V OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN CODE ENFORCEMENT BOARD; AMENDINGSUBSECTION (c) OF SECTION 2-94 PERTAINING TO THE TERM OF OFFICE OF MEMBERS OF THE SEBASTIAN CODE ENFORCEMENT BOARD; AMENDING SUBSECTION (d) OF SECTION 2-94 TO REVISE THE PROCEDURE FOR FILLING VACANCIES AND REAPPOINTMENTS; AMENDING SECTION 2-94 TO ADD NEW SUBSECTION (f) PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CODE ENFORCEMENT BOARD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion & Direction to City Attorney 8/7/91) The City Attorney read Ordinance No. O-91-23 by title only. J.W. Thompson, 125 Main Street, Sebastian. Amendments were made as follows: Section i - (c)(5) - "be reappointed to serve another consecutive term unless no other individual who is otherwise legally qualified to serve as a regular member of the board files an application with the City Clerk to serve as a regular member of the board that is pending at that time" was added.~ Section 3 - (f) - "that such member was not otherwise excused from attending by the Chairperson of that meeting" was added. Summary Minutes Regular City Council Meeting September 11, 1991 Page Twelve 91.251/ 91.125 MOTION by Holyk/Oberbeck I move we pass the first reading of Ordinance No. O-91-23 Code Enforcement Board Terms, Filling Vacancies and Reappointments, Chairperson and Vice Chairperson Terms with amendments that we've just heard and set the public hearing for September 25, 1991. ROLL CALL: Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell aye aye aye aye aye MOTION CARRIED 5-0. ORDINANCE NO. O-91-24 - Construction Board Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (0-91-24) Reading, Set Public Hearing 9/25/91 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VII OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN CITY CONSTRUCTION BOARD; AMENDING SUBSECTION (d) OF SECTION 7-92 PERTAINING TO THE TERM OF OFFICE OF MEMBERS OF THE CiTY CONSTRUCTION BOARD; AMENDING SECTION 7-92 TO ADD NEW SUBSECTION (n) PERTAINING TO FILLING VACANCIES AND REAPPOINTMENTS; AMENDING SECTION 7-92 TO ADD NEW SUBSECTION (o) PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR ViCE CHAIRPERSON OF THE SEBASTIAN CITY CONSTRUCTION BOARD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion & Direction to City Attorney 8/7/91) The City Attorney read Ordinance No. O-91-24 by title only. Summary Minutes Regular City Council Meeting September 11, 1991 Page Thirteen (Amendments as follows: Section 1 - (d)(5) - "be reappointed to serve another consecutive term unless no other individual who is otherwise legally qualified to serve as a regular member of the board files an application with the City Clerk to serve as a regular member of the board that is pending at that time" and Section 3 ~ (o) - "that such member was not otherwise excused from attending by the Chairperson of that meeting") MOTION by Holyk/Powell I move we pass the first reading of Ordinance No. O-91-24 Construction Board Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms with amendments 3ust discussed and set the public hearing for September 25, 1991. Vice Mayor Oberbeck excused 9:53 p.m. to 9:54 p.m. ROLL CALL: Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid aye aye absent aye aye 91.252/ 91.125 MOTION CARRIED 4-0 (Oberbeck - absent - excused) ORDINANCE NO. 0-91-25 - Planning & Zoning Commission - Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (0-91-25) Reading, Set Public Hearing 9/25/91 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XI OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN PLANNING AND ZONING COMMISSION; AMENDING SUBSECTION A OF SECTION 20A-11.3 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE ESTABLISHMENT, COMPOSITION AND TERMS OF MEMBERS OF THE PLANNING AND ZONING COMMISSION; PROVIDING FOR A PROCEDURE FOR FILLING VACANCIES AND MAKING REAPPOINTMENTS; PROVIDING REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CITY PLANNING AND ZONING COMMISSION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT Summary Minutes Regular City Council Meeting September 11, 1991 Page Fourteen 91.253/ 91.125 HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion & Direction to City Attorney 8/?/91) The City Attorney read Ordinance No. 0-91-25 by title only. (Amendments as follows: Section 1 - A.(5) - "be reappointed to serve another consecutive term unless no other individual who is otherwise legally qualified to serve as a regular member of the board files an application with the City Clerk to serve as a regular member of the board that is pending at that time" and Section 1 - A.3. - "that such member was not otherwise excused from attending by the Chairperson of that meeting") MOTION by Holyk/Oberbeck I move we accept the first reading of Ordinance No. O-91-25 Planning and Zoning Commission Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms with the amendments previously stated and set the public hearing for September 25, 1991. ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers aye aye aye aye aye MOTION CARRIED 5-0. ORDINANCE NO. 0-91-26 - Board of Adjustment - Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (0-91-26) Reading, Set Public Hearing 9/25/91~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XI OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN BOARD OF ADJUSTMENT; AMENDING SUBSECTION A OF SECTION 20A-11.2 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE ESTABLISHMENT, COMPOSITION AND TERMS OF MEMBERS OF THE BOARD OF ADJUSTMENT; PROVIDING FOR A PROCEDURE FOR FILLING Summary Minutes Regular City Council Meeting September 11, 1991 Page Fifteen VACANCIES AND MAKING REAPPOINTMENTS; AMENDING SECTION 20A-11.2.C.3.a OF THE LAND DEVELOPMENT CODE PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN BOARD OF ADJUSTMENT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion & Direction to City Attorney 8/7/91) The City Attorney read Ordinance No. 0-91-26 by title only. (Amendments as follows: Section 1 - A.(5) - "be reappointed to serve another consecutive term unless no other individual who is otherwise legally qualified to serve as a regular member of the board files an application with the City Clerk to serve as a regular member of the board that is pending at that time" and Section 2 - a - "that such member was not otherwise excused from attending by the Chairperson of that meeting") MOTION by Holyk/Oberbeck I move we accept the first reading of Ordinance No. 0-91-26 Board of Adjustment Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms with the amendments previously stated and set the public hearing for September 25, 1991. 91.254 17. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye aye MOTION CARRIED 5-0. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) North County Coordinator Request to Convert Senior Lea__que Field to Softball Field - (City ~ Recommendation Dated 9/5/91) This item had been previously deferred. Summary Minutes Regular City Council Meeting September 11, 1991 Page Sixteen 91.255 B. 18. Community Partnership/National Organization on Disability ~ Fee Waiver for Use of Yacht Club (Staff Recommendation Dated 9/5/91t Mitten Letter Received 9/5/9L Program information ~ Rules And Regulations~ Catherine Mitten, National Organization on Disabilities. MOTION by Oberbeck/Holyk I move to waive the fee for twelve months and reduce the security fifty percent. ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck aye aye aye aye aye MOTION CARRIED 5-0. ADJOURN - 10:05 p.m. M I N U T E S SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 11, 1991 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend Merola - St. Elizabeth Church 4. ROLL CALL 5. AGENDA MODIFICATIONS ~ADDITiONS AND/.OR DELETIONS). 1 6. PROCLAMATIONS ~ ANNOUNCEMENTS 91.241 A. Proclamation - Const±%u%ion Week - 9/17/91 through 9/23/91 (Be%t¥ Bock Receiving) 2 91.131 91.131 PUBLIC HEARING,. FI__NA__LACTION RESOLUTION NO. R-91-32 - Adopting a Millage Rate of 6.452 MILLS - (R-91-32) 2nd Public Hearing and Adoption RESOLUTION NO. R-91~32 IS TO BE READ IN FULL IN ACCORDANCE WITH FS 200.065 (2)(d) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE LEVY OF AD VALOREM TAXES FOR THE CALENDAR YEAR 1991; PROVIDING FOR DEPOSIT OF TAX LEVIES; AND PROVIDING FOR AN EFFECTIVE DATE. (lst PH 9/4/91, Advertised 9/9/91, 2nd PH 9/11/91) RESOLUTION NO. R-91-33 - 91/92 FY Budget (R-91-33) 2nd Public Hearing and Adoption A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991, AND ENDING SEPTEMBER 30, 1992; APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1992, SUCH APPROPRIATIONS BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO AMEND THE SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING AS OF SEPTEMBER 30, 1991; PROVIDING A MEANS TO AMEND THE SAID BUDGET TO REFLECT GRANTS RECEIVED AFTER SEPTEMBER 30, 1991; PROVIDING A MEANS TO AMEND SAID BUDGET SO AS TO CARRY FORWARD UNENCUMBERED BALANCE IN CAPITAL PROJECTS FUND; AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE INCREASED THEREBY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst PH 9/4/91, Advertised 9/9/91, 2nd PH 9/11/91) RESCHEDULED T__O~91 3 91.189 C. ORDINANCE NO. O-91-22 - Amending LDC Section 20A- 10.2.B. - Appearance of Sites and Structures (O-91-22) 2nd Public Hearing and Adoption AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE APPEARANCE OF SITES AND STRUCTURES; AMENDING SECTION 20A-10.2B OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING CRITERIA FOR EVALUATING THE APPEARANCE OF SITES AND STRUCTURES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Readin9 8/14/91, Advertised 1/4 Page 8/21/91, 1st Public Hearin9 8/28/91, Advertised 1/4 Pa~e 9/4/91, 2nd Public Hearin9 9/11/91) 4 PUBLIC INPUT ON AGENDA ITEMS 9. CONSENT AGENDA 91.144 91.242 91.243 91.244 91.245 91.062 91.246 91.247 91.248 Approval of Minutes - 8/28/91 Regular Meeting, 9/4/91 Special Meeting, 9/4/91 Workshop Increase Number of Pre-Qualified Bidders for the Police Station from Three to Six (City Manager Recommendation dated 9/5/91) RESOLUTION NO. R-91-35 - Abandonment of Easement (R-91-35, City Engineer Memo dated 8/28/91, Application, Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE EAST FIVE FEET OF LOT 5 AND THE WEST FIVE FEET OF LOT 6, BLOCK 129, UNIT 4, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5/100, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Request for Use of Yacht Club - Colonial Dames XVlI - Rummage Sale - 11/9~/91 - 8 a.m. to Noon - Permittee Betty Bock (Application, Knowles Letter dated 9/3/91) Receive Code Enforcement Orders - Case Nos. 91- 4999 (McCusker) and 91-5469 (Bagby) (Orders) Old City Garage Building Renovations - Direct Staff to Engage Subcontractors - Approximately $6,500 (City Manager Recommendation dated 9/5/91) Bid Award - Riverview Park Phase I - Henry Fischer & Sons, Inc. - 823,502.84 (Staff Recommendation dated 9/5/91, Bid Tabulation) H. Bid Award - Council Chambers Glass Doors - t-/' Central Window of Vero Beach, Inc. - $5,953.35 (Staff Recommendation dated 9/5/91, Bid Tabulation) Bid Award - Community Center A/C - Palm Aire and Electric - 85,165.00 (Staff Recommendation dated 9/5/91, Bid Tabulation) Je Bid Award - Two Cab & Chassis - Heintzelmen's Truck Center of Orlando - $15,787.00 (Medium) - $11,997.00 for F-250 Truck - Reject Bid from Luke Bolton Ford (Staff Recommendation dated 9/5/91, Bid Tabulation) 6 91.249 91.236 Review Golf Course Rates (Draft) Resolution and Schedule Public Hearing for 9/25/91 (Staff Recommendation dated 9/5/91, Draft Resolution) / United Way - Approve Use of BSSC Facilities and Creative Playground for Fundraiser on 11/2/91 - Subject to Submittal of Proof of Liability Coverage and Documentation Holding the City Harmless to City Attorney (No Backup) 91.237 M. RESOLUTION NO. R-91-36 - Harris Sanitation Franchise Extension (R-91-36) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN EXTENSION OF TIME FOR THE TERMINATION OF THE HARRIS SANITATION, INC. FRANCHISE; AMENDING SECTION 19 OF THE HARRIS SANITATION, INC. FRANCHISE AS PREVIOUSLY AMENDED IN RESOLUTION NO. R-84-48A; PROVIDING FOR ACCEPTANCE BY HARRIS SANITATION, INC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 9/4/91) 91.238 N. RESOLUTION NO. R-91-37 - Treasure Coast Refuse Franchise Extension (R-91-37) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN EXTENSION OF TIME FOR THE TERMINATION OF THE TREASURE COAST REFUSE, INC. FRANCHISE; AMENDING SECTION 19 OF THE TREASURE COAST REFUSE, INC. FRANCHISE AS PREVIOUSLY AMENDED IN RESOLUTION NO. R-84-47A; PROVIDING FOR ACCEPTANCE BY TREASURE COAST REFUSE, INC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 9/4/91) 7 9 11. COUNCIL MATTERS A. Vice Ma~for Oberbeck 10 B. Councilman Holyk ~.~_~...~. :4K,_. ..:.,~>_:_ ~._,.,.,_._._:_x_. :~..~,_~r>o ~ ~,-,_ 11 12 D. Councilman Reid 13 15. OLD BUSINESS 91.003 A. Report on FDOT Median Improvements ,.(Staff Recommendation dated 9/5/91 FDOT Letter dated 8/30/91) 17 91.162 B. Sebastian City Hall Historic Preservation Grant Request Status - Direct Staff to Resubmit Applicationz. Prepare R~P for Registered Architect, Secure Endorsements and Pursue Registration of City Hall on National Trust ~ (Staff Recommendat--~on 8/29/91) 18 91.129 C. CAVCORP Property - Direct City Att~ to Prepare Documents Necessary for Purchase (City Manager (City Manager Recommendation dated ~/5/91, pages of Appraisal dated 8/30/91, Barnett Letter dated 8/22/91) :.:o ~~ L~..:~. I ~ W~, "-: '~ ..... 16. NEW BUSINESS 91.250/ 91.125 & Direction to City Attorney 8/7/91) A. ORDINANCE NO. 0-91-23 - Code Enforcement Board Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (O-91-23) 1st Reading, Set Public Hearin~~. CTDC~q-- AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE V OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN CODE ENFORCEMENT BOARD; AMENDING SUBSECTION (c) OF SECTION 2-94 PERTAINING TO THE TERM Of OFFICE Of MEMBERS OF THE SEBASTIAN CODE ENFORCEMENT BOARD; AMENDING SUBSECTION (d) OF SECTION 2-94 TO REVISE THE PROCEDURE FOR FILLING VACANCIES AND REAPPOINTMENTS; AMENDING SECTION 2-94 TO ADD NEW SUBSECTION PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CODE ENFORCEMENT BOARD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion 91.251/ 91.125 ORDINANCE NO. O-91-24 - Construction Board Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (O-91-24) 1st Reading, Set Public Hearing 9/25/91 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VII OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN CITY CONSTRUCTION BOARD; AMENDING SUBSECTION (d) OF SECTION 7-92 PERTAINING TO THE TERM OF OFFICE OF MEMBERS OF THE CITY CONSTRUCTION BOARD; AMENDING SECTION 7-92 TO ADD NEW SUBSECTION (n) PERTAINING TO FILLING VACANCIES AND REAPPOINTMENTS; AMENDING SECTION 7-92 TO ADD NEW SUBSECTION (o) PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CITY CONSTRUCTION BOARD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion & Direction to City Attorney 8/7/91) 21 91.252/ C. 91.125 ORDINANCE NO. O-91-25 - Planning & Zoning Commission - Terms, Filling Vacancies & Reappointmen%s, Chairperson and Vice Chairperson Terms (O-91-25) let Reading, Set Public Hearing 9/25/91 817191 ) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XI OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN PLANNING AND ZONING COMMISSION; AMENDING SUBSECTION A OF SECTION 20A-11.3 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE ESTABLISHMENT, COMPOSITION AND TERMS OF MEMBERS OF THE PLANNING AND ZONING COMMISSION; PROVIDING FOR A PROCEDURE FOR FILLING VACANCIES AND MAKING REAPPOINTMENTS; PROVIDING REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CITY PLANNING AND ZONING COMMISSION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion & Direc%ion to City Attorney 22 91.253/ 91.125 ORDINANCE NO. O-91-26 - Board of Adjustment - Terms, FillinG Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (O-91-26) Reading, Set Public Hearing 9/25/91 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XI OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN BOARD OF ADJUSTMENT; AMENDING SUBSECTION A OF SECTION 20A-11.2 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE ESTABLISHMENT, COMPOSITION AND TERMS OF MEMBERS OF THE BOARD OF ADJUSTMENT; PROVIDING FOR A PROCEDURE FOR FILLING VACANCIES AND MAKING REAPPOINTMENTS; AMENDING SECTION 20A-11.2.C.3.a OF THE LAND DEVELOPMENT CODE PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN BOARD OF ADJUSTMENT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion & Direction %o City Attorney 8/?/91) 23 91.254 17. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on %he Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) North County Coordinator Request to Convert Senior League Field to Foot,Softball Field - (City Manager Recommendation Dated 9/5/91) 24 91.255 B. Community Partnership/National Organization on Disability Request Fee Waiver for Use of Yacht Club (Staff Recommendation Dated 9/5/91, Mitten Letter Received 9/5/9, Program Information & Rules And Regulations) 18. ADJOURN 25 ORDINANCE NO, 0-91-22 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE APPEARANCE OF SITES AND STRUCTURES~ AMENDING SECTION 20A-10.2B OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN~ PROVIDING CRITERIA FOR EVALUATING THE APPEARANCE OF SITES AND STRUCTURES~ PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF 8EBASTIAN~ PROVIDING FOR SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city Council of the City of Sebastian, Indian River County, Florida, has determined that there is a tendency on the part of some owners and developers to disregard beauty and quality in construction and that there is serious danger that construction of inferior quality and appearance, if allowed to continue, will degrade and depreciate the image and beauty that the City is striving to obtain, resulting in adverse consequences for the entire City; WHEREAS, the city Council has further determined that poor quality of design in the exterior appearance of buildings, or in the development and maintenance of structures, affects the desirability of the immediate area and neighboring areas for residential, business, industrial or other uses and, as a result, impairs the benefits of occupancy of existing property in such areas, prevents the most appropriate development of such areas, produces undesirable conditions affecting the health, safety, comfort and general welfare of the inhabitants of the City and destroys the proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor; and WHEREAS, the City Council has determined that in order to prevent these and other harmful effects, to protect the public convenience and prosperity, to conserve the value of buildings, and to encourage the most appropriate use of land within the city, Section 20A-10.2B of the Land Development Code must be amended. NOW, THEREFORE, IT BE ENACTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Section 20A-10.2B of the Land Development Code of the city of Sebastian shall be amended to read as follows: "B. Evaluation of the appearance of a project shall be based on the quality of its overall design and relationship to the impacted area considering the following factors: 1. Harmonious overall desiqn. The exterior of buildings and structures including mass, facade and materials, shall be in harmony with the site and general character of the impacted area. The exterior of a building or structure shall not be considered in harmony with the site and general character of the impacted area unless the following criteria are complied with: a. The plan for the proposed building or structure is in conformity with and, in general, contributes to the image of the City as a place of beauty, spaciousness, balance, taste, fitness, charm and high quality. The proposed building or structure is not, in its exterior design and appearance, of inferior quality such as to cause the nature of the local environment to materially depreciate in appearance and value. The proposed building or structure is in harmony with the proposed developments on land in the general area, with the comprehensive plan for the city, and with any precise plans adopted pursuant to the comprehensive plan. The proposed building or structure is appropriate in relation to the established character of other structures in the immediate area or neighboring areas in respect to significant design features such as material or quality or architectural design as viewed from any public or private way. Section 2. CONFLICT. Ail ordinances ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILIT¥. In the event The proposed building or structure is designed to adequately protect unique site characteristics, such as those related to scenic views, rock outcroppings, natural vistas, waterways, and similar features." or parts of a court of competent jurisdiction shall hold or determine that any part of this ordinance is invalid or unconstitutional, the remainder of the ordinance shall not be affected and it shall be presumed that the city council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the city Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. CODIFICATION. It is the intention of the city Council of the city of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the city of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word ,,ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was Councilman by Councilman vote, the vote was as follows: Mayor W. E. Conyers vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid moved for adoption by The motion was seconded and, upon being put to a The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, City Attorney I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by Section 166.O41 (c) 2 of Florida Statutes, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1991, and a second public hearing was held on this Ordinance at 7:00 p.m. on the day of 1991, and that following the second public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Cle~/" Approve as to Fgrm and Content: Chari~I~nS~Na~h,~/ City Xtt°rney 5 RESOLUTION NO. R-91-35 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE EAST FIVE FEET OF LOT 5 AND THE WEST FIVE FEET OF LOT 6, BLOCK 129, UNIT 4, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBi 5/100, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION I That the City of Sebastian does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The east five feet of Lot 5 and the west five feet of Lot 6, Block 129, Unit 4, Sebastian Highlands, according to the plat thereof, recorded in PBI 5/100, Public Records of Indian River County, Florida. SECTION II Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION III This resolution shall be recorded in the public records of Indian River County, Florida. SECTION IV This resolution shall be in full force and effect immediately upon its passage. CITY OF SEBASTIAN, FLORIDA ATTEST: by: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly passed and adopted by the City Council of the City of Sebastian, Florida, this__day of , 1991. Kathryn M. O'Halloran, CMC/AAE ( SEAL ) (STATE OF FLORIDA) (COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally aDpeared and to me known as the persons described herein and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and seal in Indian River County, Florida, this day of , 1991. NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires Approved as to Form and Content: Charles I. Nash, City Attorney 2 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 DATE: August 28, 1991 TO: Kathryn M. O'Halloran City Clerk x~ · P.E FROM. Daniel C. Eckis, City Engineer/F'ublic Director RE: Abandonment of Easement -East 5 Feet of Lot 5, Block' 129 and the West 5 feet of Lot 6, Block 129, Unit 4 I have reviewed the request for abandonment of easements and do not have any objections to the abandonment, if it is for the construction of a single structure to be built on both lots· Should you require any further information, please feel free to contact our office. DE: 1 k ,I CITY OF SEBASTIAN ~PPLICATION FOR VACATION OF EASEMENT(8) (This request shall no be accepted unless completed in full) NAME: ELMER E., RUTH M. BREWERSDORF(H&W), JUDITH M. BREWERSDORF(DAUGHTER) ADDRESS: 717 and 714 AMARYLLIS DRIVE, BAREFOOT BAY, FL. 32976 664-4067 TELEPHONE NO. 664-9~4Q TYPE OF ENTITY:* INDIVIDUAL *Individual, corporation, etc. - If corporation apply corporate seal bslow 'LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS: SEBASTIAN HIGHLANDS, UNIT 4, BLOCK 129, LOTS 5&6 AKA LOTS 5&6, VOCELLE AVENUE, SEBASTIAN, FL. 32958 DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED: (This item to be filled in by Building OffiCial) . ON ~O~S ~-~plsin in de ail your need to release this essemen~ I HEREBY CERTIFY that I, the Applicant, own the real property on which the easement I request to vacate exists, or I am authorized to present this request to vacate by the owner of the real property. Attach hereto the following: (X) 1. Map, plat, survey, or clear drawing st least 8 1/2" x 11" showing the parcel of lend on which the easement ex~sts, with parcel(s) of land adjacent to the easement requested to be vacated. 8HOW THE EASEMENT CLEARLY ON DR&WINO. ( ) 2. Complete legal description of the parcel of land on which (N/A) the easement exists if the full description cannot be , placed on the lines provided above for the description. ( ) 3. Written suthor$.zation of %he owner of tile parcel of land (N/A) on which the easement exists if the applicant is not the owner. ( ) 4. IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO (N/A) REPLACE TIlE EASEMENT THAT IS TO BE VACATED, ATTAClt A DEED OF EASEMENT TO ACCOMPLIS!! THE DEDICATION OF T[l£ NEW EASEMENT. (X) 5. Attach a check or money order payable to "The City qf Sebastian" upon submittal of this application to the Office of the City Clerk. This application fee ia not refundsble. The fee is 825.00. ( ) 6. OTMER: Date Received by the Office of the City Clerk By: file: ~ban.spp Zy2_ CITY OF SEBASTIAN RENTAL PERMIT APPLICATION COMMUNITY CENTER YACHT CLUB J Name of Renter/.organization O~. ~a.O ~~ ~--~ .~ Number of Persons constituting group or organization: ~ Reason for Rental Requested Date Time of Day: From Please answer YES or NO: 1) Are kitchen facilities required? 2) 3) 4) 5) To Are you a resident of Sebastian? Will decorations be put up? Will there be an admission or door charge? Will alcoholic beverages be served? TOD (a) If answer to #5 is yes - permittee's proof of age (b) If alcohol is tO be served, permission is required by the City Council. Your request will be presented to Council on Amount of Rental 7% Tax: Security Deposit: 8 Name of Perm/tree: .~~ Address of Permittee: ~ ~ Telephone No.: C~ ,O~ Make checks payable to: Total Rental: Date of Application CITY OF SEBASTIAN APPROVED/DiSAPPROVED City Clerk TO BE FILLED IN BY CITY CLERK'S OFFICE Security Deposit paid on by Check # (date) in the amount of or Cash initial Rental Fee paid on by Check (date) in the amount of or Cash initial Alcoholic Beverage Request heard st the Council Meeting on .(date). Request APPROVED/DENIED. Fee Waiver Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Check # amount of on in the (date). Amount kept for damages (if applicable). \ws-form\rentapp City of Sebastian * POST OFFICE BOX 780127 n SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 I, [~t~r~W~ ~-\fN~k~' (print full name), representing ...~[o~7 ~0~u-~ ~ (print name of organization) do hereby certify that the rental of the Co--unity Center/Yacht Club for t% [9lq[ (date of rental) will be used for ~~ Q ~ (type of function) and that no a~ission fees will be charged to the public. Furthermore, any donations received will be used for the sole purpose of ~ ~~% (reason for fundratser) and any proceeds will be Presented to ~,~~ ~ e ~~~(name of benefactor ). Signature Date (donation) LOBE ENFORCEHENI BOARD CITY Or SEBASTIAN INOIAN RIVER COUNTY, FLORIgA IN THE HATTER OF: Mr. Dante 1 A. McCusker 16E7 U.S. 1 , Suite 16 Sebastian, rL 32958 CASE NO. LEGAL DESCRIPTION: INIS CAUSE the Respondent at Enforcement 8card The BOard after 91-4999 EI-30-38-00001-9999-,00033. [ 1627 U.S. I , Suite 16, Sebastian, FL. 32958 ORDER FINDING VIOL'A~,ION originally came to be heard after due Notice to a violation hearing conducted by the Code or the City of Sebastian on August El, 1991. having heard testimony under oath, received evidence and heard argument of counsel or respondent, if any, thereupon issues its Finding of Fact. Conclusion of ~aw and Order aS follows; · .. :.~ , FINDINGS OF FACT Ihe Board determined upon the evidence presented that; McCusker operated a business without an oCcupattona 1 CONCLUSIONS OF LAW Code Enforcement Board conClude~ that the above- Hr, license. violation of Section 14-4; Chapter of the City of Sebastian, Indian ORDER The referenced individual was in 14 of The Code of Ordinances River County, Florida. I. Based upon .the foregoing Finding of Facts, Conclusion of Law, it ts hereby ordered that: A fine of $[00.00 is levied for every day he is not in Compliance after August ga, 1991. 2. UPON COMPLIANCE, RESPONOENT SHALL NOTIFY THE CODE INSPECTOR, Robert Nlcholson, WHO SHALL DIRECT AN INSPECTION OF THE PROPERTY AND NOTIFY THE CODE ENrOROEHENT BOARD AS TO CORRECTION OF THE VIOLATION. 3. If Respondent Causes a reoccurrence of the ViD)etlon, this Board shall reconvene in the Council Chambers t~' hear COMPLY WITHIN THE STATED DONE AND ORDERED thts Florida. further evtdeflce on the Issue of compliance and to Impose a fine of up to the maximum amount of $500.00 per day for each day the violation continues, in the even~ of a ~uture violation of this renottfted of a new compliance hearing, at which the Board wll review the evidence and ImpoSe the, fine provided herein tf said violation ts determined to have again occurred, 4. TAKE NO~ICE THA~ ANY FINE IMPOS[O BY T.NI'S 80ARO AGAINST YOU CONSTITUTES A L,I£N AGAINST tHE REAL PROPER~¥ UPON ~HICH THE VIOLAT.ION ExIsTS, OR iF YOU DO NOT OWN THE PROPERTY, T.HEN AGAINST ANY REAL OR PERSONAL PROPERT.Y WHICH YOU O0 OWN. YOUR CON[INUEO NONCOMPLIANCE CAN RESUbT. IN FORECLOSURE, JUOICIAb'SAbE, AND LOSS 0£ YOUR PROPER~Y, ~HERErORE, IF FOR ANY ~£A$ON YOU ARE UNABLE ~0 ~IME, PEEASE NOTIFY ~NE COOE INSPECTOR ~'/ day of_~ 1991 , tn open Chamber, 1225 ~atn Street, Sebastian, Code Enforcement Board Nun(: Pro Tune ATTEST.: CODE ENFORCEMENT BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY. FI_ORIOA ;~ iN THE MAT~ER OF: CASE NO. 91-5469 Mr. dohn Bagby 644 Mulberry Street Sebastian, FL 32958 LEGAL DESCRIPTION: Lot 93, Block 124, SEBASTIAN HIGHLAND~ UNII W4 ORDER FINDING VIOL. A~ION THIS CAUSE ort'gtnal ly Came to be h~ard after due Notice the Peipo~dent at a violation hearing conducted by the Cqd~ Enforcement Board of the City of Sebaqtian on August 21 . 1991 . The Board after having heard testimony under oath, received evidence and heard argument of Counsel or respondent, if any, thereupon ts~ue~ its Ftndtng of Fact, Conclusion of Law af~d Order as follows; FINDINGS OF FACT The Board determined upon tile e¥tdence presented that.; Bagby Stored Junk vehicles on Lot 23, Block 124, SKBASTIAN HIGHLANDS UNI~ CONCLUSIONS Of LAW The Code Enforcement Board concludes that the above- referenced individual was tn violation of Section lg-31; Chapter 12 of The Code of Ordinances of the City of Sebastian, Indtao River County. F)ortda. ORDER 1. Based upon the foregoing Finding af Facts, Conclusion of Law, it 1s hereby ordered that: A fine o~ $250.00 per day in levied agatn~t Mr. 8agby. Additionally. if he is not compliance within twenty-fOur (24) hour~, a fine of $250.00 p~r day t~ issued. 2. UPON COMPLIANCE, RESPONOENI SHAt. L NOTIFY ~iIE CODE INSPECTOR, Robert Nicholson, WtlO SHALL OlaEC~ AN INSPECTION OF THE PROP£R~Y AND NOTIFY THE CODE ENFORCEHENT BOAB~ AS CORRECTION OF THE VIOI..ATION. 3. If Respondent causes a reoccurrellce of the violation, this Boa'rd shall reConvene in the Council Chambers to hear further evtden¢~ ~n the tssue of compliance and to Impo~ a fine of up to the maxtmum amount of $500,00 per day for each day the violation continues. II~ th~ event of a fuLure vtolatto~ of tht~ order after the aforementioned dale, Respondent shall be renottfled of a new COmp Itanc~ heaping, at whtch the Board will review the evidence and Impose the ftne provided herein t f said v$olatton ls determined to have agatn occurred. 4, TAKE NOTICE THAT ANY FINE IMPOSED BY THIS BOARD AGAINSt YOU CONStitUtES A LIEN AGAINS~ ~HE REAL PROPER~Y UPON WHICH THE VIOLATION EXISTS, OR IF YOU DO NOT OWN ~HE PROPER~Y, ~HEN AGAINST ANY REAL OR PERSONAL, PROPERTY NltlCH YOU DO O~N. YOUR CONTINUED NONCDHPL. IANCE CAN RESULT IN TORECLOSURE, JUOICIAb SAbE, ANO LOSS Or YOUR PROPERTY, THEREFORE, Ir roe ANY REASON YOU ARE UNABLE TO NoTIrY ~H£ COOE INSPECTOR COHPL, Y NITHIN THE STATEO TIHE, PUEASE IHHEDIA~ELY. DONE AND ORDERED this sesston at the Counctl rlortda. Chamber, 1225 Hail1 Street, Sebastian, Chatrman Code £nforcement Board Nunc Pro Tune ATTEST: I/ . . s. c re City of Sebastian POSt OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT Old Garage Renovations Approved For Submittal By: City Manager Dept. of Origin: City Manager Date Submitted: 9/5/91 For Agenda Of: 9/11/91 Exhibits= EXPENDITURE AMOUNT REQUIRED=$6,S00 (Estimate) BUDGETED: $95,000 APPROPRIATION. REQUIRED= SUMMARY STATEMENT The renovation of the old City Garage Building is a part of the $95,000 improvement budgeted for City Garage this Fiscal Year. The City advertised for bids and mailed bid invitations for a bid opening of September 4, 1991. Unfortunately, no bids were received for the project. For your information, I have attached one (1) page of the bidding documents which shows scope of work to be done. Since there were no bids received, staff recommends that the City act as its own contractor and engage subcontractors to complete the work. Estimated expenditure is $6,500. RECOMMENDED ACTION Move to direct staff to engage subcontractors to complete renovations on old City Garage Building. BI[) SPECIFICATIONS FOR DEMOLITION AND REFURBISHING OF THE OLD GARAGE BUILDING AND BLOCK STORAGF BUILDING F!ART I- PERMITS AND LiCEN'.'!;'[NG: ALL CONTRACTORS SUBPIlT'FING A BID CONCERNING THE ABOVE REFERENCED PROJECT, SHALL BE A BUILDING CONTRACTOR OR GENERAL CONTRACTOR LICENSED WITHIN THE C.I'FY OF: '3E~t~STIAN. THE C~TY OF SEBASTIAN'S BIJILDING DEPARTMENT WiLL REQUIRE A (NO-FEE) t3U[LD~NG PEqMIT. ALL SUB(ZONTRlXCi'ORS PIIJ~T BE L~CENSED WITHIN 'rile CITY UF SEBASTI. AN AND HOLD A CIJRRENT C(3MPETENCY CARD. AT ['}tE T~ME OF :'}UBMITTZNG THE BUILDING APPI_~CAFION THE CON]RACTOR HUt5] PRC)VIDE THE BIJ~LDtNG DEPARFHEN'T WITH THE NAF1E$ OF ALL SUBCONTRACTC)Rb, [:'ART 2_ - FINAL ]:NSPEC-r~[(_-)NS: THE CONTRt~,CTC)R SHALL BE RESPON::;I'BLE FOR H(.)T'[FYING THE CItY OF (;ERASTIAN BUILDING DEPARTPIEN'F A MINIMUM OF 2z, HOURS PRIOR TO CC)P!MENCEMEN'I- OF WC)RK AND F.FNAL .T. NSPECTION, P_.~RT ~.. - APPLICABLE CODES: AL[. WORK PERFORMED BY THE CON-rRA(:TOF~ SHALl_ BE IN STRICT COMPLIANCE WITH THE FOLLOWING CODES: 1988 STANDARD BUILDING CODES WITH 89-90 REVISIONS P_.~.RT ~ - SCOPE OF WORK: REHOVE AND DISPOSE OF EAST SHED, COI...UMNS AND SUPPORTS, LEAVING CONC:RETE PAD; MODIFY AND LOWER ALUMINUM SHED ON WEST :!J.iLDE TO F]~T UNDER SOFFIT ()F BLO(.'K BI_Ii'LDING; '.STRIP ROOF OF OLD ::JHINGLES AND DISPOSE; PATCH AND REPLACE DAMAGED AND MISSING 5/8" C[)X PL'FWOOD. REPLACE EXISTTNG FASCIA WI'TH NEW 1X6 PT TO MATCH NEW BUILDING; REMOVE OLD SOFFIT TO MATCH NEW BUiLDIN(3; ]:_Iq.'_~;TALL NEW FIBERGLASS SHINGLES OVER 50# FELT WITH ALUMINUI~ DRiP EDGE AND CONTINUOUS VENT RIDGE TO MATCH NEW BUILDING'; REMOVE A/C UNIT AND I:_NSTAI_..L NEW 5X3 WINDOW IN OPENING; REMOVE POOF ON '.":,MALL STORAGE BUILDING AND REINSTALL WITH PITCH FOR WATER RUN OFF; PRESSURE CLEAN AND PA'FCH HOLES ON BOTH BUILDING:~; PAINT ALL BLOCt,: WITH ELASTOMFRIC PAINT - TO MATCH NEW BUILDING; PAINT FASCIA AND T-111 GABLE ENDS TO MATCH NEW BUILDING; MISC. FRAMING, PATCHZNG, BLOCKING ETC AS REQUIRED; iNELUDES ALt._ LABC)R, MATEPIALS, E©U.[PMENI', CRANE RENTAL, Di_IMPSTER, CLEAN-IJP FOR A JOB THAT WILl_ F1ATCH THE QIJALITY OF NEW GARA(.,~. City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Award Bid For Riverview Park Phase I Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda of Finance.(.LWNl 09/05/9x 09/11/91 Exhibits~ Bid Tabulation EXPENDITURE REQUIRED: $23,502.84 AMOUNT BUDGETED~ $151,500.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT Three bids were received for Riverview Park Phase I. A bid clarification meeting was held and all three bidders exceeded or met all the specifications in the scope of services. Pan American Engineering submitted an add alternate for sub-grade stabilization and paving of $12,350, but this was not a part of the scoping reviews. Henry Fischer & Sons was the lowest and best bidder meeting all specifications and the bid was found to be both reasonable and competitive. Adequate funds are available in the Capital Project Fund for Public Park improvements. RECOMMENDED ACTION Move the bid for Riverview Park Phase I be awarded to the lowest and best bidder, Henry Fischer & Sons, Inc. in the amount of $23,502.84. o~ ~ o City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Bid Award for Council Chamber Glass Doors Approved For Submittal By= City Manager Agenda No. Dept. Origin Date Submitted For Agenda of Finance (Lg~I) 09/0S/91 09/11/91 Exhibits= Bid Tabulation EXPENDITURE REQUIRED: $5,953.35 AMOUNT BUDGETED: $65,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT Three bids were reviewed for glass doors for the Council Chambers, Engineering Department, and Community Development Department. Ail bids submitted met the specifications and scope of work and they were found to be competitive and reasonable. Adequate funds are available in the Capital Projects Fund. RECOMMENDED ACTION Move the bid for glass doors for the Council Chambers be awarded to the lowest and best bidder, Central Window of Veto Beach, Inc. in the amount of $5,953.35. 0 u1 0 0 o o 0 o~. City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Bid Award for Community Center Air Conditioning Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda of' Finance(LWN) o9/0s/91 . o9/ /91 ,,, Exhibits: Bid Tabulation EXPENDITURE REQUIRED: $5,165.00 AMOUNT BUDGETED: $5,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT Three bids were received for the air conditioning system for the Community Center. The apparent low bidder, Service Refrigeration, bid only the units at 9.0 SEER, the specifications called for a minimum of 9.2 SEER. Palm Airs and Electric bid both units at a 9.2 SEER minimum and they have done very satisfactory work in the past. Adequate funds are available in the Capital Project Fund. The apparent iow bidder should be rejected for not meeting specifications. RECOMMENDED ACTION Move the bid from Service Refrigeration be rejected for not meeting specifications and the bid be awarded to the best bidder, Palm Airs and Electric, in the amount of $5,165.00. I~o 0 0 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: Award Bid For Two Cab and Chassis Approved For Submittal By: City Manager ) Dept. Origin Finance(LWN~ ) ) Date Submitted 09/04/91 .... ) ) For Agenda of 09/!1/91 · ) ) Exhibits: Bid Tabulation ) ) ) EXPENDITURE REQUIRED: $27,784.00 AMOUNT BUDGETED: $25,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT Two bids were received for the two cab and chassis trucks. Luke Bolton Ford only bid on the medium duty truck cab and chassis, but with coil type front springs. The specifications called for leaf type springs. Heintzelman's Truck Center bid on both trucks and both meet or exceed all specifications. Atlantic Ford Truck Sales has the current State Contract until October 10, 1991 for these 1992 trucks but they cannot deliver them for at least another 120 days. The State Contract price is $16,589 for the medium duty truck and $13,280 for the F-250. Heintzelman's bid is $15,787 for the medium duty truck and $11,997 for the F-250. Adequate funds are available in the Capital Improvement Fund. The apparent low bidder, Luke Bolto~ Ford should be rejected for not meeting the specifications. RECOMMENDED ACTION Move the bid from Luke Bolton Ford be rejected and the bid for two cab and chassis be awarded to the best bidder, Heintzelmen's Truck Center of Orlando in the amount of $15,787 for the medium duty truck and $11,997 for the F-250 truck. 0 o 0 o I,-, ~-, City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) S89-5330 FAX 407-589-5570 SUBJECT: Golf Course Rates F/Y 92 Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda Of 9-11-91 Exhibits: Drafts of Proposed Resolution for Rates at Golf Course EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT Each year the Golf Course rates must be adopted by Resolution of the City Council by November 14th. The attached draft of the proposed rate Resolution for the Golf Course as amended in the budget workshop August 10th sets forth the rates for memberships (amended to $800.00 Single Non-Resident and $1,000.00 Family Non-Resident), green fees, cart fees, group rates and miscellaneous rates such as Club Rentals, range ball prices and handicap fees. It also outlines the hours and conditions of play and gives the golf course Manager authority to adjust the hours and conditions under certain circumstances. RECOMMENDED ACTION Review the draft of the proposed rate Resolution for the Golf Course and set a public hearing for 9-25-91. RESOLUTION NO. A RESOLUTION OF THE CITY OF SEBASTIAN~ INDIAN RIVER COUNTY, FLORIDA. PERTAINING TO GREENS FEES AND GOLF CART FEES AT THE SEBASTIAN MUNICIPAL GOLF COURSE. PROMULGATING A NEW SC[{EDULE OF GREEN FEES: AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER CERTAIN CIRCUMSTANCES: PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ AND PROVIDING AN EFFECT- iVE DATE. WHEREAS, Section 12.5 of the Code of Ordinances of the City of Sebastian provides that modifications of golf course rates shall be established by resolution of the City Council following one public hearing; and W;{EREAS, the cost~ of maintaining the Sebastian Municipal Golf Course and its premises have increased since the adoption of Resolution R- NOW THEREFORE, BE IT RESOLVED BY' THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. Commencing December 1, 1991 the annual membership fees for the Sebastian Municipal Golf course shall be as follows~ SECTION ! MEMBERSHIP RATES 1991-1992 RESIDENT SINGLE FAMILY $550.00 $700.00 NON-RESIDENT FAMILY FAMILY MEMBERStIIP MEANS A MARRIED COUPLE RESIDING TOGETHER AND ALL DEPENDENTS LIVING AT HOME, UNDER TIlE AGE OF TWENTY ONE (21) YEARS OF AGE. PROOF OF RESIDENCY IS REQUIRED TO OBTAIN SEBASTIAN RESIDENT RATES. ALL NEW MEMBERSHIPS ARE SUBJECT TO A TWO HUNDRED ($200.00) DOLLAR INITIATION FEE. (THIS FEE iS NON-REFUNDABLE.) BAG STORAGE (SINGLE PER BAG) (DOUBLE PER BAG) FOOT LOCKER 40.00 8o. oo 15.00 ALL OF THE ABOVE ARE SUBJECT TO TAX. ON OR BEFORE DECEMBER 1, 1991 RENEWAL OF MEMBERSHIP IS DUE MEMBER CART RATES AND WALKING CONDITIONS 18 HOLES $8.00 18 HOLES 9 HOLES 18 HOLES 18 HOLES 9 HOLES $4.00 WALKING NOV. 15th 1991 TO JAN. 14th 1992 JAN. 15kh TO APRIL 14th 1992 APRIL 15th TO NOV. 14th 1992 9 HOLES WEEKENDS & HOLIDAYS 9 HOLES CONDITIONS ALL YEAR AFTER 1:00 p.m. AFTER 1:00 p.m. AFTER 2{00 p.m. ALL DAY AFTER 1:00 p.m. SECTION 2 THE RATES, FOR NON-MEMBERS, INCLUDING GREEN FEES AND CART FEES, FOR THE SEBASTIAN MUNICIPAL GOLF ARE HEREBY ESTABLISHED AS FOLLOWS ON NEXT PAGE. SECTION 2. 18 HOLES $18.50 12.50 $13.00 9.50 $22.50 16.50 $13.50 $28.O0 21.00 $19.00 NON-MEMBERS DAILY RATES NOV, 15th TO DEC..14th 1991 9 HOLES $11.5o 9.50 7.00 FLAG CARDS WALKING $ 7.00 DEc. 15eh 1991 TO aAN'. 14th lgg2 $16.50 13.50 11.50 WALKING $11.50 ~AN. 15th 1992 TO APRIL 14th 1992 $18.00 14.00 WALKING $14.00 CONDITIONS 7:00 a.m.---l:O0 p.m. AFTER ---1~00 p.m. AFTER ---3~00 p.m. ALL DAY AFTER ---1~00 p.m. 7:00 a.m.---l:00 p.m. AFTER ---1:00 p,m. AFTER .rr-3:00 p.m. AFTER ---1:00 p.m. 7:00 a.m.---l:O0 p.m. AFTER ---1:00 p.m. AFTER ---3:00 p.m. AFTER AFTER ---1:00 p.m. ---2~00 p.m. 0-7 DAILY RATES APRIL 15th TO NOV. 14kh 1992 WEEKDAYS $12.s0 16.50 10.50 12.50 g.~o 9.5O 13.OO ALL SPECIAL CARD~ CONDITIONS ?~00 a.m.-BtOO a.m. BiO0 a.m.-12,00 noon AFTER 12~00 noon AFTER 5100 p.m. ALL DAY WEEKDAYS lB llOLES g tlob~s CONDITIONS 5.50 ALL DAY NON-MEMBER DAILY RATE8 APRIL 15 TO Nov. 14~ 1992 WEEEENDS AND HOLIDAYS ;Ie.5o $11.50 11.50 7!00 a.m.-5tO0 p.m. AFTER 5~00 p.m. $12.50 $ 8.50 AFTER itOO p.m. '{EEKDAYS ~12.00 WEEKENDS & }{OLIDAYS $16.00 LEAGUE (9 I{oLEs) { 6.00 ~I,L OF TIlE ABOVE ARE PLUS TAX, ALL REPLAYS ARE AT CART FEE ONLY $ 7.50 0 lioL£S $15.00 18 }lObES 112.O0 PER P~RSON (YEAR BEGINNING DEC. 1, 1991 qPECIAL GREEN FEE EXCEPTIONS~ h P.G.A. MEMBER AND A CERTIFIED GREENS SUPERINTENDENT, MAY PLAY NOV. 15~h ~o APRIL 14th 1992 ONE(l) TIME AND APRIL 15th to NOV. 14th 1992 ONE(l) TIME. SECTION 3. The hours and conditions set forth in Section 2 may be adjusted at the discretion of the Golf Course Manager, due to the amount of play and the area competitive conditions. SECTION 4. All re~olutions or parts of resoluttonsin con- flict herewith are repealed. SECTION 5. This resolution shall take effect immediately upon its adoption. The foregoing resolution was moved for adoption by Councilman Councilman the vote was as follows~ · The motion was seconded by and, upon being put to a vote, Mayor W.E. Conyers Vice Mayor Frank Oberbeck Councilman George O. Reid Councilman Peter R. Holyk Councilman Lonnie R. Powell This resolution was duly passed and adopted by the City Council of the City of Sebastian, Indian River County, Florida, at its regular me,ting on the day of , 1991. CiTY oF SEBASTIAN, FLORIDA BY! W.E. CONYERS, MAYOR ATTEST~ AI'IIRYN M. O'}IAbLORAN, CMC/AAE RESOLUTION NO.: R-91-36 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDAt APPROVING AN EXTENSION OF TIME FOR THE TERMINATION OF THE HARRIS SANITATION, INC. FRANCHISE; AMENDING SECTION 19 OF THE HARRiS SANITATION, INC. FRANCHISE AS PREVIOUSLY AMENDED IN RESOLUTION NO. R-S4- 4SA; PROVIDING FOR ACCEPTANCE BY HARRIS SANITATIONt INC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, a Florida municipal corporation (the "City"), granted Harris Sanitation, Inc., a Florida corporation (the ,,Franchisee"), a non-exclusive franchise, known as the Harris Sanitation, Inc. Franchise (the ,,Franchise"), to operate a garbage service within the corporate limits of the city; and, WHEREAS, the Franchise is due to expire September 19, 1991; and, WHEREAS, the city and the Franchisee desire to extend the expiration date of the Franchise for a short period of time to allow the City to determine how to proceed with the granting of future franchises for garbage service in the corporate limits of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. APPROVAL OF AN EXTENSION OF THE TERMINATION DATE. The Franchise, as defined in the recitals of this Resolution, is hereby extend until -/l')~'~-/~ , 199t. ! .Section 2. ACCEPTANCE BY THE FRANCHISEE. The Franchisee, by signing this Resolution, hereby agrees to the extension of the Franchise in accordance with its current terms and conditions until the new expiration date set forth in Section 1 of this Resolution. Section 3. ~0NFLICT. All resolutions or parts of resolutions in conflict herewith, including Section One of Resolution No. R-84-48A, are hereby repealed. Section 4. S~.V~RABILIT¥. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman . The motion was seconded by Councilman , and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid 2 The Mayor thereupon declared this Resolution duly passed and adopted this day of .... , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE city Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney ACCEPTED AND AGREED TO BY: HARRIS SANITATION, INC. By: signature of authorized representative Name: Title: RESOLUTION NO.; R-91-37 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTYv FLORIDA, APPROVING AN EXTENSION OF TIME FOR THE TERMINATION OF THE TREASURE COAST REFUSE, INC. FRANCHISE; ~MENDING SECTION 19 OF THE TREASURE COAST REFUSE, INC. FRANCHISE A~ PREVIOUSLY AMENDED IN RESOLUTION NO. R-84-4?A; PROVIDING FOR ACCEPTANCE BY TREASURE COAST REFUSE, INC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city of Sebastian, a Florida municipal corporation (the "City"), granted Treasure Coast Refuse, Inc., formerly known as Rural Sanitation Service, Inc., a Florida corporation (the "Franchisee"), a non-exclusive franchise, known as the Treasure Coast Refuse, Inc. Franchise (the "Franchise"), to operate a garbage service within the corporate limits of the City; and, WHEREAS, the Franchise is due to expire September 19, 1991; and, WHEREAS, the city and the Franchisee desire to extend the expiration date of the Franchise for a short period of time to allow the City to determine how to proceed with the granting of future franchises for garbage service in the corporate limits of the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. APPROV]%L OF AN EXTENSION OF THE TERMINATION DATE. The Franchise, as defined in the recitals of this Resolution, is hereby extend until ~/~b~ /~ , i99P--. ¢ Section 2. ACCEPTANCE BY THE FRANCHISEE. The Franchisee, by signing this Resolution, hereby agrees to the extension of the Franchise in accordance with its current terms and conditions until the new expiration date set forth in Section i of this Resolution. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith, including Section One of Resolution No. R-84-47A, are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the city Council of the city of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. 2 Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman . The motion was seconded by Councilman · and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Molyk Councilman Lonnie R. Powell Councilman George R. Reid The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE city Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney ACCEPTED AND AGREED TO BY: TREASURE COAST REFUSE, INC. By: signature of authorized representative Name: Title: City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SU[~JECT: FDOT Median revisions Approved For Submittal ) ) -) ) ) ) ) ) ) ) Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibit~: ~ ENG/PH 9-5-9! 9-1 1-9,l FDOT letter dated August 30, lggl EXPENDITURE REQUIRED: At.IOUNT ~UDGETED! APPROPRIATION REQUIREDI SUMMARY STATEMENT FDOT has transmitted to the City of Sebastian Construction drawings indicating 60% design plans for the proposed improvements. The City of Sebastian has until September 18th, to note any comments that they have with respect to the plans, or if approved as drawn to indicate no comments. Due to the volume of the ~ construction plans copies are available in the City Engineer's office for review at your convenience. I1ECOI4/iENDED ACTION Recommend review o~ the proposed median improvements and open for discussion. FLORIDA DEPARTMENT 780 S.W. 24th Street Ft. Lauderdale, Fi. 33315 Telephone: (305)524-8621 OF TRANSPORTATION BEN G, WATTS SECRETAI~Y Mr. Daniel Eckis City Engineer City of Sebastian P.O. Box 780127 Sebastian, Florida 32978 Aug. 30, 1991 Dear Mr. Eckis: RE: State Road No ........ 5 (US 1) State Project No ..... 88010-3529 W.P.I. No ............ 4115423 F.A.P. No ............ HES-485-5(43) County ............... Indian River Description .......... Median Revision from M.P. .................... 17.808 (S. of Indian River ..................... Dr.) to M.P. 22.304 (Brevard ..................... County line) Transmitted is one set of roadway prints, Phase II (60% Design Plans completion) of the above referenced project for your review and comments. Please complete the attached comments and response sheet and return it with the plans to this office by September 18, 1991. If you concur with the plans as submitted, complete the heading and note "No comments". Comments marked on the plans may also be submitted to supplement written comments. If additional information is required, please contact me on (305) 524-8621 ext. 339 or Henry Oaikhena on ext. 389. NOTE: THE PRODUCTION DATE FOR THIS PROJECT IS JANUARY, 1992 Sincerely, Howa~-d A. Webb, P.E. Project Manager HAW:ho a:sr5city2.doc Enclosure COMMENTS/RESPONSE SHEET W.P.I. No.: State Proj. No.: Date: Sheet of Phase Review Reviewing Dept.: Reviewers: Description: Comment No. : Response: Comment No. : Response: Comment No. : Response: Comment No. : Response': Comment No. : Response: City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: SEBASTIAN CITY HALL HISTORIC PRESERVATION GRANT REQUEST STATUS Approved For Submittal By: City Manager Agenda Number: ~l/~ Dept. Origin: Community Development Date Submitted: For Agenda Of: Exhibits: 8/29/91 9/11/91 (SC EXPENDITURE REQUIRED~ AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Current Status City of Sebastian made an unsuccessful first attempt, during the current funding cycle, to acquire grant assistance for City Hall renovations from the Florida Department of State, Division of Historical Resources. Of the 109 eligible and significant projects considered, only 55 could be included on the priority list to be presented to the State Legislature for final funding allocation, later this calendar year. However, prior to formal project review and discussion by the Mistoric Preservation Advisory Council at this week's public meeting, August 26-28, 1991, in Tallahassee, the State Department's architectural staff had evaluated our grant application and recommended that the Council consider full funding of our $254,300.00 project, rating it a "high priority". Resubmission A large number of the projects, which are now on the new priority list, were repeat efforts by the individual requestors. Therefore it is our understanding that the Department of State would be willing to re-evaluate our application for the next funding cycle approaching at the end of the year, sometime around December, 1991, modified as suggested by the Historic Preservation Advisory Council. Modications to Application Those modifications include such important issues as: Deleting line item dollars for architectural/engineering services and the bid process listed under the fundable project elements; Page 2, 8/29/91 Securing a nomination for the building within the National Reqister for Historic Places~ Eliciting strong representational support for the project from our State Legislators and other local personages and associations within our community and Indian River County; Reducing the funding request by the amount of money that the Council has placed in the City's budget for 1991-1992, showing how those funds are earmarked for use on this project~ Updating/adding to the voi~me of letters of interest and endorsement for this project, by supplying new dates and information; Producing a floorplan by a registered architect who specializes in historic preservation, which completely depicts our proposed renovations, based upon the recommendations of the State Department staff and the Historic Preservation Advisory Council (a major concern was that the staff's recommended full funding for our project excluded the dropped ceiling, strongly advising plaster repair to maintain the historical appearance of the interior of the second floor to all extent possible). RECOMMENDED ACTION City Council should move to direct staff to~ Revise and resubmit the Historic Grant-in-Aid Application, at the appropriate time. Prepare a Request for Proposal/Request for Qualifications to secure the services of a registered architect, whose specialty is architectural and historic preservation, to prepare the design drawings and conceptual plan for the second floor and modifications to the structure that are required for resubmission of this application to the State. Secure written endorsements from our local State Representative(s) and other interest groups or county organizations whose purpose is to review and assist with historic preservation projects. Secure the personal "in-person" endorsements of individuals who are key to funding within the State~ i.e., our local Representative(s). Instruct City staff to pursue registration of City Hall on the National Trust Registry, prior to submission of the modified grant application at the next funding cycle. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (4O7) 589-5330 u FAX (407) 589-5570 SUBJECT= CAY CORP Property Approved For Submittal By= City Manager ~¢ Dept. of Orlgin~ City Manager Date Submitted= 9/5/91 For Agenda Of= 9/11/91 Exhlblts= Appraisal Dated 8/30/91 (Pages 1 to 6 and pages 17 & 18) Index - Barnett letter dated 8122191 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City has expressed an interest in purchasing a 2.2 acre tract adjacent to Riverview Park known locally as the "CAV CORP" property. On June 26, 1991 the City Council authorized a ninety (90) day lease of the CAV CORP property in order to provide an opportunity to have the property appraised and to review possible financing. Subsequently, Hanson Appraisal Service, Inc. of Melbourne was engaged and has submitted an appraisal report. Portions of this report are attached for your review and the entire report (sixty seven (67) pages plus addendum) is on file in the City Clerk's Office. Additionally, attached is a letter from Barnett Bank which outlines the details of financing which could be used to acquire this property. The property is offered to the City for a purchased price of $742,500. RECOMMENDED ACTION Review appraisal report, financing plan, and, if appropriate, direct the City Attorney to prepare the documents necessary to purchase the subject property. /27 oN PPRAISAL SERVICE, INC. ILL. Ix:,it:httmhcrt, l, MAI Prcsidc~t I'L [.. lira;scl. ,% '~ 'r('la rU. 7¥t't~s~ ~rt'r Nils L. llt,~soth MAI, I,~ >t u u I(,r' August 30, 1991 City of Sebastian Mr. Robert S. McClary P.O. Box 780127 Sebastian, Florida 32978 Re: 2.2 Acres of Vacant Commercial Land Sebastian, Florida File #91C-16491/59 Gentlemen: At your request, we personally inspected the above referenced subject property on August 19, 1991, in order to estimate the market value in unencumbered fee simple ownership. The function of the appraisal is to provide information to the City of Sebastian for possible purchase of the subject. As discussed in the attached report, highest and best use is considered to be as a RESTAURANT OR PROFESSIONAL OFFICE COMPLEX SITE OR A COMBINATION OF BOTH. Please be advised that we met with Mr. Carl Fischer, a represen- tative of the property owner and that he was given an opportunity to give input regarding the subject property. This letter precedes and is based on the full narrative appraisal report which follows. It also contains the reasoning and most pertinent data leading to the final value estimate. Your attention is called to the "Assumptions and Limiting Conditions" and the "Certificate of Appraisal" found later in this report which are considered usual for this type of assignment. This report and analyses comply will all regulations issued by the appropriate regulatory entities, regarding the enactment of Title XI of the Financial Institution Reform, Recovery and Enforcement Act of 1989 (FIRREA). .......... ~,,~.,~,, APPRAISF~S · CONSULT~ * ANALYSTS 281.5 W. New t larch Avemle · Melho~ua~e. Florida 3290,1 l'ho,,e (.1071 725-1467 FAX (4071 676-05~/ Mr. McClary August 30, 1991 Page Two As a result of our appraisal investigation, we have estimated the market value of the fee simple interest in the subject property identified as Vacant Land, effective August 19 1991, as $765,000. , **SEVEN HUNDRED SIXTY FIVE THOUSAND DOLLARS $765,O00 **(SEE SPECIAL LIMITING CONDITIONS PAGE 17) Respectfully submitted, Hanson Appraisal Service, Inc. Bruce D. Riemann Staff Appraiser :mt 6b~t ~'-'~tcSten~rg, MAI Review Appraiser State Certified Real Estate Appraiser #0445860 TABLE OF CONTENTS INTRODUCTORY COVER PAGE LETTER OF TRANSMITTAL TABLE OF CONTENTS APPRAISAL REPORT EXECUTIVE SUMMARY PHOTOGRAPHS OF SUBJECT STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS SPECIAL LIMITING CONDITIONS INTRODUCTORY Identification of Subject Property Legal Description Owner of Record Purpose and Function of Appraisal Date of Appraisal Property Rights Appraised Definition of Market Value AREA AND NEIGHBORHOOD ANALYSIS Indian River County Data Location Maps Neighborhood Analysis Neighborhood Map PROPERTY DATA Site Description Site Contamination Abandoned Tank Restoration Program Subject Tax Map Flood Plain Map Assessment and Tax Data Zoning Analysis and Deed Restrictions Recent History of Subject Property HIGHEST AND BEST USE THE APPRAISAL PROCESS SCOPE OF THE APPRAISAL SERVICE 4 Page No. 1 2 4 6 7 10 17 19 19 19 19 19 19 2O 20 22 22 29 30 32 33 33 34 35 37 38 39 40 41 42 45 48 TABLE OF CONTENTS - Continued: DIRECT LAND SALES COMPARISON APPROACH Details of Comparable Sales Analysis and Rationale for Adjustments Comparable Sales Map Land Value Estimate CERTIFICATE OF APPRAISAL ADDENDUM 49 51 62 63 64 66 No. QUALIFICATIONS OF APPRAISERS Bruce D. Riemann Robert L. Leichtenberg, MAI Soil Test for Contamination Report Photograph of Service Station 5 EXECUTIVE SUMMARY SUBJECT: PURPOSE OF APPRAISAL: RIGHTS APPRAISED: SITE: UTILITIES: ZONING: IMPROVEMENTS: HIGHEST AND BEST USE: Approximately 2.2 Acres of vacant land Estimate market value of subject Unencumbered Fee Simple Site has an area of 95,832 SF with 250 feet of frontage on Indian River Drive. County Water Service unavailable County Sewer Service connection is possible, however, availability of service is not confirmed. CG, General Commercial COR, Commercial, OffiCe, Residential None Noted The Highest and Best Use for the subject property is estimated to be Restaurant or Professional Office Complex site or a combination of both. VALUE INDICATIONS: AS iS LAND SALES COMPARISON $766,656, rounded to $765,000 MARKET VALUE ESTIMATE: ** $765,000 **(SEE SPECIAL LIMITING CONDITIONS PAGE 17) EFFECTIVE DATE: August 19, 1991 6 SPECIAL LIMITING CONDITIONS It was observed upon inspection of the subject property evidence that suggested that at one time there was a service station on the subject property. This conclusion was verified by a photograph supplied by Cathy Hilton, City Planner for the City of Sebastian, she also confirmed that in deed there was a service station on the subject property. Also observed was a monitoring well, which according to Cathy Hilton has been installed in the past year to monitor possible water contamination. HAS contacted Indian River Health Services which enforces rules and regulations in the county regarding health hazards. HAS spoke with Mr. Vogt from Health Services and he indicated that contamination was present on the sub3ect,s property. Mr. Vogt said that CAV Corp., Inc. had filed an application to the state Abandon Tank Restoration Program and is waiting for a decision regarding the state's participation in the cleanup. Mr. Vogt referred HAS to Empire Engineering and Testing, the company which performed the soil testing on the subject. In speaking with Mr. Walker of Empire Engineering and testing he indicted that the tests performed was of an area of approximately 500 square feet, this test site included one of three pump islands. Mr Walker said an area of contamination had been unearthed to allow aeration to the contaminated subsoil. Mr. Walker also said samples from the monitoring well contained no contamination, however, the Department of Natural Resources has requested another set of samples from the test area and that another temporary well be installed and tested. Copies of the soil and water test performed by Empire Engineering and Testing, Inc. are found in the addendum of this report. 1. This appraisal assumes that if there is any contamination of the site it will be rectified and will not have a detrimental effect on the estimated market value of the subject property 17 ~PECIAL LIMITING CONDITIONS - Continued: This value estimated is based on the assumption that the site is free and clear of contamination. 2. The legal liability of a contaminated site has a direct effect of the estimated value and the availability of convention- al financing in direct proportion to "ownership". As a result, this report assumes that if there is any contamination it will be removed and that conventional financing is available and thus complies with the definition of "Market ValUe". 3. Unless specified in writing, HAS assumes that no underground tanks have been or will be installed. No responsibility is assumed by HAS in connection with the presence on any under- ground storage tank or conditions resulting from the past or present use of any tank. In addition, no responsibility is assumed by HAS for the cost of engineering and/or studies which might be required to discover the presence of and underground tank or any leakage, pollution or contamination that may have resulted from any use of any tank and associated equipment. 18 Barnett Bank of The Treasure Coast 13555 US Highway 1 Sebastian, Florida 32958 Dear- Mr. McC'.Larv: The undersl~nect r~.~Dreaen'uav, lve o~ Barnett Bant( o~! The Treasure Coast ~h~ 'Ban~"~ ~$ p~ease~ to ~n~'orm you apQroval oi your reques% ~or the ~urchase bv the Bank o~ $750,000 of notes f. the "NoEes"~ to be zssued my the CLty Sebastian (the Issuer). The pr'oce~ds will be used to finance the purchase by the Issuer of vacan~ property. The loan will al~o be sub~ect to [but no~ limlted to) t~le fotiow~na: Intere-~t Rate - The A f!oatzn9 rate off 68.7% of Barne~ Ban~, inc's., ~r~me rat~, float,~ng, ad3us~zng ~tate of cnan~e, for a fzve year term (e.g. 5.84% today; payment $12,500 prznczpal monthly plus Lnterest3 . /% f.%xea rate o.tl 6.75~ ~or a five year tel'm ~payment '~14,765 prznc.~pai and Znt~res~ monthly.t. 3, h flxed rate of 6.~5% ~or a seven year term %payment $11,Z65 prmnczpal and interest monthly.) A fixed rate oi 6.85% for the fzrst l.%ve years, then, the option ,Df The tax free equivalent ol the then current prime rate, adjusting date of change, ~or the second flve year per~od The tax free equ.~valent of the then curren'c Przme rate plus 1 1/2%, fixed, for f;he second f;~ve year per~od. on the Note shoul, d become partzaily taxable, or subject: '~o a ~eference of minitmum tam, oF ~jre~{te~ lim~t, itlons are piacecl · s determ~e,':~ not to be a (]u~llfled tax exempt define~ in the )internal Revenue (:ode, or the e~ect~ve a~ter- tax y~eld to the ho [der is o'theFw!se reduce~, rate on the Note shall be increased to the extent necessary to preserve the holder's after tax yield, all pursuant to iormulas acceotable to the Bank. Event of Taxabz!ztv - In the event that znterest on the No're shall be determined by the internal Revenue Service to be .~nclLtded in the gross income of the holder, the note shall bear irlterest, at the BanK's prime lend-~ng rate, adjusting 'the date of change. In addition, the holder shall be entitled to reimbursement of any ~nterest and penalties ~moosed because of the ~o~er's ~a~lure to inclu,le such Interest In Its taxable income ( toQether with taxes ~mposed upon receipt of such reimbursement, if any). CoZlater'al - A first lien on the $.O1 oOt~onal sales ~ax collected by the State of Florida and dispersed to the Cl-t.y in the '~'orm of Revenue Sharing, will secure this City's obligation to repay the Note. The Clty will aL]tee not to pledge these funds to reoa.v any additional indeDtness wl-tnout the Bank's consent. Documentation - Ail documentation shall De prepare¢~ and/or reviewed Dy the Ban~'s Counsel. The Issuer wlil execute any and all documentatlon required by the BanK. Ail documentation executed and delivered in connection w~t~ the Note shall be in form and substance satisfactory to the Bank and its Counsel. Closln~ Costs and Fees - The Issuer will pay all closing costs Including but not llmited to the Bank's attorney ~ees and costs which are estimated to be $10,000. In addltlon, at closing the Issuer wlll DaY t~e Bank a fee of $1000. If the issuer does not close for any reason, the Issuer w~ll Day, w~th~n ten (10) days of demand, all expenses incurred Dy the BanK, lncludlng the BanK's attorney fees and expenses and any ~ees and expenses incurred by the Bank in collecting these amounts. 31.~o, ~:ne issuer w~i~ r>rov'~de %ne Ban~ a copy F;Lnancia.1 Statem,,~nt on an annua± basis. P.lease lnOicalze Dy $1q!nlng below your ac~reemen~, to accede. adore loan upon t~%e terms o.( th~s commitment w~tl~hln perloO enO~nc, l O¢:toDer 21 We are ,oiea.~ed to assist with adOltlona~ llgl~ol-m/~tlorl anti wou.td l~ke the opportun~'ty to pr'or,cie financing Zor tl'~e o~ :Sebastian. Please conUac~ me l~ you have additional S [noe.ce fy, Barbara Tilton A.qslstant Vice President; City o~ .c, eOastlan ORDINANCE NO..* O-9:1.-23 ~N ORDINANCE OF THE CITY OF 8EBASTI~, INDI~ RIVER COUI~Yv FLORIDA, ~E~NG ~T~CLE V OF THE CODE OF O~IN~CES OF THE CITY OF ~EB~ST~ PERTaiNiNG TO THE SEB~ST~ CODE E~ORCE~ BO~ ~ND~N~ ~UBSECT~ON (C) OF ~ECT~ON 2-94 PERTaiNING TO THE TE~ OF OFF~CE OF ~E~ OF THE SEB~ST~ CODE E~ORCE~ BO~ ~~NG SUBSECTION (d) OF SECTION 2-94 TO ~V~SE THE PROCEDU~ FOR FILLING VAC~CIES ~D ~p~I~~S~ ~IN~ SECTION 2-94 TO ~D ~W SUBSECTION (f) PERTAINING TO ~QUI~~S FOR I~IVIDU~LS SERVING ~S C~IRPERSON OR VICE C~IRPE~ON OF THE SEB~STI~ CODE ENFORCE~BO~ PROVIDING FOR~PEAL OF O~IN~CES OR P~TS OF O~IN~CES IN CO~LICT HE~WITH~ PROVIDING FOR INCLUSION IN THE CODE OF O~IN~CES OF THE CITY OF SEBASTI~ PROVIDING ~ SERVILITY C~USE~ ~PROVIDING ~ EFFECTI~ D~TE. WHEREAS, the City Council of the city of Sebastian has determined that it is in the best interests of the city and its citizens that new residents be provided with the opportunity to serve on City boards, commissions and committees; and WHEREAS, the City Council of the City of Sebastian has determined that the persons serving as the chairperson or vice chairperson of a city board, commission or committee should have some experience as a regular member of that board, commission or committee and attend almost all of the meetings to serve as an example to the other members, thereby, encouraging exemplary attendance by the other members; and WHEREAS, the Florida Legislature, during their 1991 .3143 of ' ' e Leglslatlv Session, revised the provisions of Section 112 Florida Statutes to add a specific factor to be examined by the I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the ~ day of ..... , 1991, and that following said public hearing this Ordinance was passed by the city Council. Kathryn M. O'Halloran, CMC/AAE city Clerk Approved as to Form and Content: Charles Ian Nash, city Attorney cin009 - 6 - ORDINANCE NO..* O-91-.,24 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ~RTICLE VII OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN CITY CONSTRUCTION BOARD~ AMENDING SUBSECTION (d) OF SECTION 7-92 PERTAINING TO THE TERM OF OFFICE OF MEMBER~ OF THE CITY CONSTRUCTION BOARD~ AMENDING SECTION 7-92 TO ADD NEW SUBSECTION (n) PERTAINING TO FILLING VACANCIES AND REAPPOINTMENTS~ AMENDING SECTION 7-92 TO ADD NEW SUBSECTION (O) PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CITY CONSTRUCTION BOARD~ PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWiTH~ PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN~ PROVIDING A SEVERABILITY CLAUSE~ AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city Council of the city of Sebastian has determined that it is in the best interests of the City and its citizens that new residents be provided with the opportunity to serve on city boards, commissions and committees; and WHEREAS, the City Council of the city of Sebastian has determined that the persons serving as the chairperson or vice chairperson of a City board, commission or committee should have some experience as a regular member of that board, commission or committee and attend almost all of the meetings to serve as an example to the other members, thereby, encouraging exemplary attendance by the other members; and WHEREAS, the Florida Legislature, during their 1991 Legislative Session, revised the provisions of Section 112.3143 of Florida Statutes to add a specific factor to be examined by the city Council when considering a person for appointment or reappointment to a City board, commission or committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Section 7-92(d) of the Code of Ordinances of the City of Sebastian is hereby amended by deleting the existing Section 2-94(d) in its entirety and adding the following new provisions in lieu thereof to read as follows: "(d) Of the regular members appointed to the board, effective October 1, 1991: (1) Two (2) members shall be appointed for a term of one (1) year. (2) Three (3) members shall be appointed for a term of two (2) years. (3) Two (2) members shall be appointed for a term of three (3) years. (4) Thereafter all appointments shall be made for a term of three (3) years. (5) In no event shall any individual serve as a regular member of the board for the greater of two (2) consecutive terms or six (6) consecutive years. (6) Each alternate member shall be appointed for a term of three (3) years." - 2 - S~ction 2. Section 7-92 of the Code of ordinances of the city of Sebastian is hereby amended by adding new subsection (n) to read as follows: "(n) Any member may be reappointed, subject to the limitations set forth in (d) of this Section 7-92, above. Appointments to fill any vacancy, shall be for the remainder of the unexpired term of office of the vacated board seat being filled by the appointment. Furthermore, two months prior to the expiration of the term of any member, or in the event of any vacancy, the city Clerk shall provide the chairperson, the city manager and the city council with a copy of all pending applications for membership on the board, even if the incumbent board member intends to seek reappointment. Whenever a current or former board member is being considered for appointment or reappointment to the board, the City Council shall consider the number and nature of the memoranda of conflict previously filed by such person pursuant to Section 112.3143 of Florida Statutes." Sect~. Section 7-92 of the Code of Ordinances of the City of Sebastian is hereby amended by adding new subsection (o) to read as follows: - 3 - "(o) Whenever possible, the person selected as the Chairperson and Vice Chairperson of the board shall have served two (2) years as a regular member of the board and shall have attended at least ninety percent (90%) of the meetings of the board." Section 4. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. 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 provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in.full force and effect. -- 4 -- Section 7. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman Councilman the vote was as follows: The motion was seconded by and, upon being put to a vote, Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE city Clerk - 5 - I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1991, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney cin011 - 6 - ORDINANCE NO..* O-91-25 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTYt FLORIDA, AMENDING ARTICLE XI OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN PLANNING AND ~ONING COMMISSION~ AMENDING SUBSECTION A OF SECTION 20A-11.3 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE ESTABLISHMENT, COMPOSITION AND TERMB OF MEMBERS OF THE PLANNING AND ~ONING COMMISSION~ PROVIDING FOR A PROCEDURE FOR FILLING VACANCIES AND MAKING REAPPOINTMENTS~ PROVIDING REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CITY PLANNING AND ~ONING COMMISSION~ PROVIDING FORREPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN~ PROVIDING A SEVERABILITY CLAUSE~ ~%ND PROVIDING AN EFFECTIVE DATE. WHERE~S, the City Council of the City of Sebastian has determined that it is in the best interests of the city and its citizens that new residents be provided with the opportunity to serve on City boards, commissions and committees; and WHEREAS, the City Council of the City of Sebastian has determined that the persons serving as the chairperson or vice chairperson of a City board, commission or committee should have some experience as a regular member of that board, commission or committee and attend almost all of the meetings to serve as an example to the other members, thereby, encouraging exemplary attendance by the other members; and WHEREAS, the Florida Legislature, during their 1991 Legislative Session, revised the provisions of Section 112.3143 of Florida Statutes to add a specific factor to be examined by the City Council when considering a person for appointment or reappointment to a City board, commission or committee. NOW~ THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF BEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: ~eQt~on 1. section 20A-11.3.A of the Land Development Code of the City of Sebastian is hereby amended by deleting the existing Section 20A-11.3.A in its entirety and adding the following new provisions in lieu thereof to read as follows: "A. Establishment, Composition and Terms. The planning and zoning commission is hereby established and shall consist of seven (7) members and two (2) alternates who shall be residents of the City and shall serve without compensation. The City Council shall appoint the regular members to the planning and zoning commission as follows: (1) (2) (3) (4) (5) Two (2) members shall be appointed for a term of one (1) year. Three (3) members shall be appointed for a term of two (2) years. Two (2) members shall be appointed for a term of three (3) years. Thereafter all appointments shall be made for a term of three (3) years. In no event shall any individual serve as a regular member of the planning and zoning commission for the greater of two (2) consecutive terms or six (6) consecutive years." - 2 - 1. Appointment of alternate members and their duties. Each alternate member shall be appointed for a term of three (3) years. The alternate members of the planning and zoning commission may attend all meetings of the planning and zoning commission but shall act only the absence, disability or disqualification of a regular member thereof. When an alternate member acts, the minutes of the planning and zoning commission shall reflect the name of the absent, disabled or disqualified member in whose place and stead the alternate is acting. The absence of a member, including an alternate member, for three (3) consecutive meetings, without an excuse approved by the chairperson of the planning and zoning commission and noted in the minutes, shall be deemed cause for removal of the member by the city council. Each alternate member shall fill in for a regular member who is absent, disabled or disqualified on a rotating basis with the most senior alternate member to be the first in the initial rotation. If more than one regular member is absent, disabled or disqualified, then both alternate members shall act as members of the planning and zoning commission. 2. Vacancies and Reappointments. Any member may be reappointed, subject to the limitations set forth in Subsection A of this Section 20A-11.3, above. Appointments to fill any vacancy, shall be for the remainder of the unexpired term of office of the vacated planning and zoning commission seat being filled by the - 3 - appointment. Furthermore, two months prior to the expiration of the term of any member, or in the event of any vacancy, the City Clerk shall provide the chairperson, the city manager and the city council with a copy of all pending applications for membership on the planning and zoning commission, even if the incumbent planning and zoning commission member intends to seek reappointment. Whenever a current or former planning and zoning commission member is being considered for appointment or reappointment to the planning and zoning commission, the City Council shall consider the number and nature of the memoranda of conflict previously filed by such person pursuant to Section 112.3143 of Florida Statutes. 3. Selection of chairperson and Vice Chairperson. Whenever possible, the person selected as the Chairperson and Vice Chairperson of the planning and zoning commission shall have served two (2) years as a regular member of the planning and zoning commission and shall have attended at least ninety percent (90%) of the meetings of the planning and zoning commission." Section 2. CO~r~LICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section $. CODIFICATION. it is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Land Development Code of - 4 - the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. ~. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE D~TE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid - 5 - The Mayor thereupon declared this Ordinance duly passed and adopted this day of ..... , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the ~ day of , 1991, and that following said public hearing this ordinance was passed by the city Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney cin012 - 6 - ORDIN:M~CE NO.: 0-93.-26 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ~MENDING ARTICLE XI OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN BOARD OF ADJUSTMENT~ AMENDING SUBSECTION ]% OF SECTION 20A-11.2 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE ESTABLISHMENT, COMPOSITION AND TERMS OF MEMBERS OF THE BO~tRD OF ADJUSTMENT~ PROVIDING FOR ]% PROCEDURE FOR FILLING VACANCIES AND MAKING REAPPOINTMENTS~ AMENDING SECTION 20A-11.2.C.$.a OF THE LAND DEVELOPMENT CODE PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CMAIRPERSON OF THE SEBASTIAN BOARD OF ADJUSTMENT~ PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN~ PROVIDING A SEVERABILITY CLAUSE~ AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the city of Sebastian has determined that it is in the best interests of the City and its citizens that new residents be provided with the opportunity to serve on City boards, commissions and committees; and WHEREAS, the City Council of the City of Sebastian has determined that the persons serving as the chairperson or vice chairperson of a City board, commission or committee should have some experience as a regular member of that board, commission or committee and attend almost all of the meetings to serve as an example to the other members, thereby, encouraging exemplary attendance by the other members; and WHEREAS, the Florida Legislature, during their 1991 Legislative Session, revised the provisions of Section 112.3143 of Florida Statutes to add a specific factor to be examined by the City Council when considering a person for appointment or reappointment to a City board, commission or committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIANv INDIAN RIVER COUNTY, FLORIDA, that: Section 1. Section 20A-11.2.A of the Land Development Code of the City of,Sebastian is hereby amended by deleting the existing Section 20A-11.2.A in its entirety and adding the following new provisions in lieu thereof to read as follows: "A. Establishment, Composition and Terms. The board of adjustment is hereby established and shall consist of five (5) members and two (2) alternates who shall be residents of the City and shall serve without compensation. For all appointments occuring after September 30, 1991, the city Council shall appoint the regular members to the board of adjustment as follows: (l) (2) (3) (4) (5) One (1) members shall be appointed for a term of one (1) year. Two (2) members shall be appointed for a term of two (2) years. Two (2) members shall be appointed for a term of three (3) years. Thereafter all appointments shall be made for a term of three (3) years. In no event shall any individual serve as a regular member of the board of adjustment for the greater of two (2) consecutive terms or six (6) consecutive years. - 2 - 1. Continuation of present board members. The present members of the board of adjustment shall continue in office until their respective terms expire and their successors are appointed in the manner provided by law. 2. &ppointment of alternate members and their duties. Each alternate member shall be appointed for a term of three (3) years. The alternate members of the board of adjustment may attend all meetings of the board of adjustment but shall act only the absence, disability or disqualification of a regular member thereof. When an alternate member acts, the minutes of the board of adjustment shall reflect the name of the absent, disabled or disqualified member in whose place and stead the alternate is acting. The absence of a member, including an alternate member, for three (3) consecutive meetings, without an excuse approved by the chairperson of the board of adjustment and noted in the minutes, shall be deemed cause for removal of the member by the city council. Each alternate member shall fill in for a regular member who is absent, disabled or disqualified on a rotating basis with the most senior alternate member to be the first in the initial rotation. If more than one regular member is absent, disabled or disqualified, then both alternate members shall act as members of the board of adjustment. - 3 - 3. Vacancies an4 Reappointments. Any member may be reappointed, subject to the limitations set forth in Subsection A of this Section 20A-11.2, above. Appointments to fill any vacancy, shall be for the remainder of the unexpired term of office of the vacated board of adjustment seat being filled by the appointment. Furthermore, two months prior to the expiration of the term of any member, or in the event of any vacancy, the city Clerk shall provide the chairperson, the city manager and the city council with a copy of all pending applications for membership on the board of adjustment, even if the incumbent board of adjustment member intends to seek reappointment. Whenever a current or former board of adjustmnt member is being considered for appointment or reappointment to the board of adjustment, the City Council shall consider the number and nature of the memoranda of conflict previously filed by such person pursuant to Section 112.3143 of Florida Statutes." Section 2. Section 20A-11.2.C.3.a. of the Land Development Code of the City of Sebastian is hereby amended by deleting the existing 20A-11.2.C.3.a. in its entirety and adding the following new provisions in lieu thereof to read as follows: "a. Officers. The board shall elect a chairperson and a vice chairperson from among its members. Whenever possible, the individual selected as the chairperson or vice chairperson of the board of adjustment shall have served two years as a regular member - 4 - of the board of the adjustment and shall have attended at least ninety percent (90%) of the meetings of the board of adjustment. The city clerk shall select an individual to serve as secretary for the board of adjustment and to take minutes of the meetings of the board of adjustment and to perform such other duties as appropriate. The chairperson, or in his/her absence the vice chairperson may administer oaths and compel the attendance of witnesses." Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designatiOns. Section 5. BEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this -- 5 Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. ~. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman Councilman the vote was as follows: The motion was seconded by and, upon being put to a vote, Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this day of ~ 1991 CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk - 6 - I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1991, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney cin013 - 7 - City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT= Soft Ball Approved For Submittal By: City Manager Agenda No. ~/. ~--~/7/ Dept. of Origin~ City Hanager Date Submitted~ 9/5/91 For Agenda Of: 9/11/91 Exhibits: EXPENDITURE REQUIRED: ~MOUNT BUDGETED: APPROPRIATION REQUIRED~ SUMMARY STATEMENT Indian River County currently coordinates recreational soft ball within the City. Previously, the City's own recreation department organized and coordinated this function. Tom Mead, Recreation Coordinator for North Indian River County, recently approached the City and requested the City's assistance in providing additional facilities. Mr. Mead stated that there are thirty-one (31) teams signed up for the next softball league in Sebastian. This compares to eight (8) men and four (4) women league teams which use the Barber Street Sports Complex Softball Field. Specifically, Mr. Mead asked if the new 300 foot senior league field could be converted for softball and available for softball play during the six (6) month period not in use by the Little League Association. Both softball and senior league utilize a 300 foot outfield and 25 foot foul line. However, senior league uses a 90 foot base path and softball uses a 65 foot base path. In order to convert to a softball field, the grass infield would need to be reduced by 25 feet from first to second and second to third bases. RECOMMENDED ACTION Review the request of North County Coordinator to convert 300 foot senior league field to 300 foot softball field. City of Sebastian POST OFFICE BOX 780127 s SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Yacht Club Use - Community Partnership Program Approved Pot Submittal By: city Manager Date Submitted: Por Agenda Exhibits: - See Mitten Letter With Attachment - Rules & Regulations For Yacht Club Dept. of Origin: city Clerk (KOH) 09/05/91 EXPENDITURE REQUIRED: ~,MOUNT BUDGETED APPROPRIATION REQUIRED: SUMMARY STATEMENT The Community Partnership of the National Organization on Disability is requesting a waiver of fees for use of the Sebastian Yacht Club. Currently, the fee for the Yacht Club is $25.00, which is 1/2 the regular rate. However, the City Council may waive fees on a case by case basis and has done so for such organizations as the Jaycees, which pays $12.50 per week. Also, the City Council has not generally waived the security deposit for either the Community Center or the Yacht Club. RECOMMENDED %CTION Review the request of the Community Partnership Program. §ebastian City Council 1225 Main Street Sebastian, FL 32958 Dear Councilmembers: I represent the COMMUNITY PARTNERSHIP PROGRAM of the National Organization on Disability. Our core group, which has just formed is in need of a meeting place. We are actively looking for a handicapped equipt location at no cost to us, as our group will function as a non- profit, non-political group accessable to anyone in need of our services. At present, we are requesting the use of the Sebastian Yacht Club, once monthly, and hopefully we will expand and meet more frequently as our functions grow. Being a new group, we are requesting a waiver of fees associated with the use of the building. My association with the Handicapped Self Evaluation Committee will hopefully, act as a positive note on my behalf. We are anxious to meet with Council and help formulate some ideas on the needs of "challanged" persons who will reside and visit this city for many years to come. Voluntarilly yours, Representative to the City of Sebastian, Florida N.O.D./Community Partnership Program DEFENITIONS FOR PROGRAM INFORMATION NETWORK (Pl]q) PROGRAMS (1) Barrier Awareness - attitudinal and architectural awareness training, recognition activities related to attitudinal and architectural awareness. (2) Transportation Program - para-transit (on-call service); accessible public mass transit; private carriers (taxi, bus companies); coordinated dispatch (agencies); volunteers. (3) Accessibility - access surveys and programs to suggest removal of barriers; federal, state and municipal design standards and codes; handicapped parking surveys and programs; polling place accessibility. (4) Needs Assessment Su.rve~s - surveys directed to consumers identifying their needs; surveys directed to service providers identifying services provided. (5) Education Programs - public education efforts targeted to the general public, parents, spouses, other family members, media, and institutions of higher learning; support groups; businesses in the service industries (e.g., hotels, restaurants, airlines, etc.); informational displays and workshops; speaker's bureaus and training forums. (6) Youth Prol~rams - any program or activity where the target audience are youth (birth to 21). (7) Religion Programs ~ any religious programs or activities. (8) Employment Opportunities - programs and activities that relate directly to employment of people with disabilities including self-employment/home-based employment and small business ownership by people with' disabilities; disability awareness (education) programs where the objective is hiring or career advancement. (9) Housing - low income housing; adaptability in design to enhance accessibility; funding; cost effective tips; cooperative living arrangements; supportive apartments; group residences. (10) Recreati.on/C.ulture - all adult social, recreational and cultural (arts and entertainment) programs, as well as programs designed to enhance accessibility in these areas; consultation on physical design of playgrounds and parks. (11) Health/Safet~ - any program or activity related to health and safety including health care, prevention, research, personal and property safety. (12) Other - any program which does not fit within one of the above category's guidelines (ihcluding, but not limited to legislative advocacy). 6/90 NATIONAL ORGANIZATION ON DISABILITY COMMUNITY PARTNERSHIP PROGRAM - PROGRAM INFORMaTiON NETWORK (PIN). The PIN is a quick response information and referral computer network designed to assist N.O.D.'s Community Partners in contacting other partners for mutual help and ideas. It provides access to a communication network of CPs that have developed successful disability programs and projects. PIN is organized around broad program categories, as listed below. The success of the PIN is contingent upon the active participation of all Partners in the network; thus, we ask that you please complete and return this questionnaire listing information about your disability programs that may be helpful to other communities. Name of Partner e,~c~T~, ~'~ ................. ! city, towu, or county belonging ta the CPP Name of Representative to N.O.D. ~'~7"~~ Representative's Mailing Address ~' 0. /~)( 7~'-~/~ ~. Community's Population: ~ .Undsr 50,,000 Over 50,000 Using the definitions li.~d on the reverse side, please chili offthe programs that your community has implemented: (1))~fBarrier Awareness (2) __ Transportation Program (3) · Accessibility (4) ~/ Needs Assessment Survey (5) Education Programs (6) Youth Programs (See category definitions on reverse side) (7) Religion Programs (8) Employment Opportunities (9)__ Housing (10) Recreation/Culture (11) ..... Health/Safety (12) Other (Specify, e.g. LeRislati~n) Using the above categories, please list the programs/projects for each category checked for which you have developed materials or guidelines. Please list titles of printed materials or guidelines referred to above which you are willing to share with other community partners and the cost,, if any, to order. Name, address and telephone number of person(s) to be contacted to secure the materials listed above: To register with PIN, return this form proverlv completed to: National Organization on Disability, 91016th Street~ N.W., Washing, ton, D.C., 20006. Signed: d_~~/~' ~ ,, Telephone Date: RULES AND REGULATIONS GOVERNING THE RENTAL. RATES AN--~ SECURITY DEPOSITS FOH THE USE OF TH__~E SEBASTI---AN cOMMUNiTY CENTE,R. AND THE SEBASTIAN YACHT =LU__B 1) Applications for permits to use the buildings must be made at the City Clerk's Office on forms provided for the purpose not less than two (2) weeks before the date of the requested use. 2) Permits must be approved by the City Clerk before issuance of same. 3) Permits for groups composed of minors will be issued only to adults who accept responsibility for supervising them throughout the period covered by the permit. 4) No tickets are to be sold at the door and no admission charges made except as expressly authorized and approved on the permit. 5) The serving of food and/or ~se of th~ kitchen facilities must be expressly authorized and approvea on the permit. 6) No group shall conduct any activity causing extra work for the Building Maintenance Department unless previous agreements have been made to pay for such extra work. 7) Decorations shall not be put up without the approval of the Building Maintenance Department. Decorations must be removed permittee. 8) Gambling in any form will not be allowed in the build/ng without prior City Council approval. 9) No alcoholic beverages may be brought on the premises without prior City Council approval.' 10) Under no circumstances are groups hold/ng a permit to remove chairs, tables, or any other equi~ment from the building- 11) Activities shall cease by 11:00 p.m., unless otherwise stated on the permit. the permittee. The Building Ma~_n=enance ~A'~,.~ ---~- informed of special needs of the group holding a permi 13) Permittee is soley responsible and answerable in damages for any and all accidents or injuries to persons or property resulting from his use of the building. 14) After completion of scheduled activities, it is~the~'.,~ ,-:~:.u~'.~.~'/~.~.'~ obligation of the permittee to leave the building in the same condition as found. 1 15) Permits are not transferable. 16) Any equipment used by anyone on a regularly scheduled basis must be removed from floor and stage and placed in storage room after each use. 17) A minimum deposit of two-hundred fifty dollars ($250.00) for cleanup must be made with the application. This deposit is refundable if the building is left clean and undamaged by permittee. If cleaning or repair is necessary by the City employees, this deposit or any portion of the deposit shall be forfeited, based on information supplied by the Building Maintenance Department, as determined by the City Clerk. RATES SEBASTIAN COMMUNITY CENTER Four (4) Hours Flat Rate Session Hours Each Additional Hour Kitchen Privileges FEES S100.0O 15.00 25.00 SEBASTIAN YACHT CLUB Four (4) Hours Flat Rate Session Hours Each Additional Hour Kitchen Privileges FEES 50.00 7.50 25.00 18) There will be an additional charge for all non-residents of the City of Sebastian, Florida, of twenty-five dollars ($25.00). 19) All non-profit organizations will pay one-half (1/2) of the above fees, unless waived bF the City Council o~ & case-by-case basis after request by personal appearance before the Council. 20.) The premises shall not be used for any profit-making activity except by charitable, political, not-for-profit or tax-exempt entities. Only such entities, shall charge any admission fee, entrance fee, cover charge, use fee, food or' beverage charge, or any other fee, charge, or donation for'use of or entry in or-upon any part of the premises.