HomeMy WebLinkAbout12181991 City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 18, 1991 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
LOW 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
INVOCATION - Reverend Chet Tokar - Sebastian
Christian Church
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
91.336
Presentation of Plaque to George Schum - Former
Handicapped-Self Evaluation Committee and Parks
and Recreation Committee Chairman
91.132
91.199
7. PUBLIC HEARING, FINAL ACTION
ORDINANCE NO. O-91-17 - Comprehensive Land Use
Plan
2ND PUBLIC HEARING, FINAL ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE
COMPREHENSIVE LAND USE PLAN IN COMPLIANCE WITH THE
STIPULATED SETTLEMENT AGREEMENT ENTERED INTO BETWEEN
THE CITY OF SEBASTIAN AND THE DEPARTMENT OF COMMUNITY
AFFAIRS ON JUNE 12, 1991; PROVIDING THAT A COPY OF
THE PROPOSED COMPREHENSIVE PLAN AMENDMENT BE
TRANSMITTED TO THE DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Advertised 1/4 page 5/29/91, 1st PH 6/12/91,
Transmittal to DCA 6/15/91, Advertised 1/4 page
12/11/91, 2nd PH and Adoption 12/18/91)
B. ORDINANCE NO. 0-91-28 - Garage Sale Regulation
PUBLIC HEARING, FINAL ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 32 OF THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
PERTAINING TO THE REGULATION OF GARAGE SALES;
PROVIDING DEFINITIONS; SPECIFYING PERSONS EXEMPTED
FROM PROVISIONS OF CHAPTER 32; REQUIRING PERMIT;
PROVIDING PERMIT APPLICATION PROCEDURES AND FEE
THEREFORE; PROVIDING PERMIT CONDITIONS AND
RESTRICTIONS; REQUIRING DISPLAY OF PERMIT; REGULATING
PROPERTY PERMITTED TO BE SOLD; REGULATING HOURS OF
OPERATION; REGULATING WHERE PROPERTY MAY BE DISPLAYED
AND SOLD; REQUIRING CONTROL OF PARKING; IMPOSING
RESPONSIBILITY FOR CONDUCT OF SALE; PROVIDING REGU-
LATIONS GOVERNING THE NUMBER, LOCATION, SIZE AND
DURATION OF SIGNS ADVERTISING SALE; PROVIDING FOR
ENFORCEMENT; PROVIDING PENALTIES FOR VIOLATION;
PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (lst reading 10/23/91,
Advertised Legal Notices 12/11/91, PH 12/18/91)
8. PUBLIC INPUT ON AGENDA ITEMS
2
91.337
91.093
91.338
9. CONSENT AGENDA
A. Approval of Minutes - 12/11/91 Regular Meeting
B. RESOLUTION NO. R-91-47 - Abandonment of Easement
- Lot 24, Block 293, Unit 11, SH
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE NORTH EIGHT FEET
OF THE REAR TWENTY FOOT EASEMENT OF LOT 24, BLOCK
293, UNIT 11, SEBASTIAN HIGHLANDS, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PBI 7-56C, 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.
Addendum to J & S Aviation Lease (City Manager
Recommendation dated 12/12/91, Addendum)
10. PRESENTATIONS
11. MAYOR'S MATTERS
12. COUNCIL MATTERS
13.
14.
15.
16.
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
A. PLANNING AND ZONING COMMISSION
Recommendation to Amend Land Development Code
Re: Child Care Facilities (Staff
Recommendation dated 12/12/91, P & Z Memo
dated 12/10/91, DCD Memo dated 11/18/91,
Ragsdale Letter dated 11/19/91, McCoy Letter
dated 11/20/91, Sembler Letter dated 12/4/91)
OLD BUSINESS
3
91.043
91.043
17.
NEW BUSINESS
A.
ORDINANCE NO. 0-91-29 - Charter Amendments -
Gender-Neutral Language - 3/10/92 Referendum
(Staff Recommendation dated 12/12/91)
FIRST READING, SET PUBLIC HEARING 1/8/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; PROVIDING FOR GENDER-
NEUTRAL LANGUAGE WITH RESPECT TO MEMBERS OF THE CITY
COUNCIL; PROVIDING SPECIFICITY WITH RESPECT TO THE
TERM "COUNCIL"; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME
AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING
THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING
THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS
WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC
NOTICE OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE NO. O-91-30 - Charter Amendments -
Document Signatures, City Council Vacancies, City
Council Meetings, Appointment of Standing
Committees, Regular & Special Meetings, Election
Issues - 3/10/92 Referendum (Staff Recommendation
dated 12/12/91)
FIRST READING, SET PUBLIC HEARING 1/8/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; AMENDING SECTION 2.06
OF THE CITY CHARTER PERTAINING TO THE DUTIES OF THE
MAYOR AND THE ELECTION OF A VICE MAYOR; PROVIDING
THAT THE MAYOR MAY SIGN ALL CONTRACTS, BONDS,
DEBENTURES, FRANCHISES AND OFFICIAL DOCUMENTS ON
BEHALF OF THE CITY; AMENDING SECTION 2.08(c) OF THE
CITY CHARTER PERTAINING TO THE APPOINTMENT OF
SUCCESSORS TO FILL VACANT CITY OFFICES; AUTHORIZING
THE CITY COUNCIL TO APPOINT SUCCESSORS TO SERVE UNTIL
THE NEXT REGULARLY SCHEDULED MUNICIPAL ELECTION;
AMENDING SECTION 2.12 OF THE CITY CHARTER PERTAINING
TO REGULAR AND SPECIAL MEETINGS OF THE CITY COUNCIL;
PROVIDING THAT THE CITY COUNCIL SHALL PRESCRIBE THE
TIMES AND PLACES OF SUCH MEETINGS BY RESOLUTION;
AMENDING SECTION 2.16 OF THE CITY CHARTER PERTAINING
TO STANDING COMMITTEES; AUTHORIZING THE CITY COUNCIL
TO APPOINT STANDING COMMITTEES; CREATING A NEW
SECTION 3.04(g) OF THE CITY CHARTER PERTAINING TO THE
POWERS AND DUTIES OF THE CITY MANAGER; AUTHORIZING
THE CITY MANAGER TO SIGN ALL CONTRACTS, BONDS,
91.043
DEBENTURES, FRANCHISES AND OFFICIAL DOCUMENTS ON
BEHALF OF THE CITY; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME
AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING
THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING
THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS
WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC
NOTICE OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE NO. 0-91-31 - Charter Amendments -
Elections - 3/10/92 Referendum (Staff
Recommendation dated 12/12/91)
FIRST READING, SET PUBLIC HEARING 1/8/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; AMENDING 4.06 OF THE
CiTY CHARTER PERTAINING TO ELECTION PRECINCTS AND
POLLING PLACES; PROVIDING THAT ELECTION PRECINCTS AND
POLLING PLACES SHALL BE ESTABLISHED BY THE SUPERVISOR
OF ELECTIONS FOR INDIAN RIVER COUNTY, FLORIDA;
AUTHORIZING THE CITY COUNCIL TO ESTABLISH ELECTION
PRECINCTS AND POLLING PLACES IN THE EVENT THE
SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY FAILS
TO PERFORM SUCH DUTIES; AMENDING SECTION 4.07 OF THE
CITY CHARTER PERTAINING TO THE ADOPTION OF NECESSARY
ARRANGEMENTS FOR HOLDING ALL CITY ELECTIONS;
PROVIDING THAT THE CITY COUNCIL SHALL MAKE ALL THE
NECESSARY ARRANGEMENTS FOR CITY ELECTIONS IN
CONJUNCTION WITH THE CITY CLERK THROUGH RESOLUTION;
AMENDING SECTION 4.08 OF THE CITY CHARTER PERTAINING
TO THE CANVASSING OF ELECTION RETURNS; AUTHORIZING
THE CITY CLERK TO APPOINT A CITY ELECTION CANVASSING
BOARD IN THE EVENT THE SUPERVISOR OF ELECTIONS FOR
INDIAN RIVER COUNTY, FLORIDA, FAILS TO APPOINT SUCH A
BOARD; PROVIDING PROCEDURES FOR CONVENING THE CITY
CANVASSING BOARD AND RECORDING RESULTS OF THE BOARD;
PROVIDING FOR A SPECIAL MEETING OF THE CITY COUNCIL
FOR THE PURPOSES OF RECEIVING RESULTS OF THE CITY
CANVASSING BOARD, DECLARING ELECTION RESULTS AND
ADMINISTERING OATHS OF OFFICE TO NEWLY ELECTED
OFFICIALS; AMENDING SECTION 4.09 OF THE CITY CHARTER
PERTAINING TO BALLOTS; PROVIDING THAT BALLOTS SHALL
CONFORM TO THE FORM OF BALLOTS PRESCRIBED BY THE
GENERAL ELECTION LAW OF THE STATE OF FLORIDA;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL
BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE
BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO
PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF
THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR AN EFFECTIVE DATE.
91.304
91.339
91.340
18.
Golf Course Bond Refunding - Approval of
Underwriter - Barnett Bank - $19,902.35 Expected
Fee (Staff Recommendation dated 12/12/91)
Street Improvement Program - FY 91/92 (Staff
Recommendation dated 12/12/91, City Engineer Memo
dated 12/12/91, Street Improvement Spread Sheet/Maps
City Planner - Florida Communities Trust P2000
Preservation 2000 Grant for Scrub Habitat (Staff
Recommendation dated 12/12/91, DCA Application
Info, Map)
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)
91.341 A.
ROn Harsh - Request Use of Riverv±ew Park and
Barber Street Sports Complex on April 11, 1992 -
Sebastian River Classic Car Show and 5-K Run
(Staff Recommendation dated 12/12/91, Harsh
Letter dated 12/10/91)
19. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
ORDINANCE NO.: 0-91-28
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 32 OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO
THE REGULATION OF GARAGE SALES; PROVIDING DEFINITIONS;
SPECIFYING PERSONS EXEMPTED FROM PROVISIONS OF CHAPTER
32; REQUIRING PERMIT; PROVIDING PERMIT APPLiCATiON
PROCEDURES AND FEE THEREFORE; PROVIDING PERMIT
CONDITIONS AND RESTRICTIONS; REQUIRING DISPLAY OF
PERMIT; REGULATING PROPERTY PERMITTED TO BE SOLD;
REGULATING HOURS OF OPERATION; REGULATING WHERE
PROPERTY MAY BE DISPLAYED AND SOLD; REQUIRING CONTROL
OF PARKING; IMPOSING RESPONSIBILITY FOR CONDUCT OF
SALE; PROVIDING REGULATIONS GOVERNING THE NUMBER,
LOCATION, SIZE AND DURATION OF SIGNS ADVERTISING SALE;
PROVIDING FOR ENFORCEMENT; PROVIDING PENALTIES FOR
VIOLATION; PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County,
Florida, may lawfully regulate sales of personal property taking
place in residential areas, commonly known as "garage sales"; and
WHEREAS, the City Council of the City of Sebastian has
determined that unregulated garage sales cause congestion of
streets in residential areas of the City, disturb the peace and
quiet enjoyment of residential areas, cause annoyance to citizens
of the City and compete with licensed businesses lawfully engaged
in the sale of personal property within the City; and
WHEREAS, the City Council has determined that in order to
prevent these problems, garage sales must be regulated; and
WHEREAS, the establishment of a garage sales code is
necessary in order to better promote and protect the health,
safety, welfare and prosperity of the public and citizens of the
City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. The Code of Ordinances of the City of Sebastian,
Florida, is hereby amended to create Chapter 32 to read as
follows:
"CHAPTER 32
GARAGE SALES
Sec. 32-1.' Definitions.
(a) Garage sale means all general sales open to the
public, from or on residential premises located in any
zoning district of the City of Sebastian zoned
residential, multi-family residential, mobile home,
commercial office residential, marine commercial and
residential, and commercial resort residential, for the
purpose of disposing of personal property, including,
but not limited to, all sales entitled "garage,"
"lawn," "yard", "attic," "porch," "room," "backyard,"
"patio," "flea market," or "rummage" sales. This
definition shall not include a situation where no more
than five (5) specific items of personal property are
held out for sale, none of the items, except for motor
vehicles and vessels, are displayed outside of the
residence, and all advertisement of such sale speci-
fically names those items to be sold;
(b) Person means an individual, child, firm,
association, joint venture, partnership, estate, trust,
business trust, syndicate, fiduciary, corporation, and
all other groups or combinations; or
(c) Personal property means property which is owned,
utilized and maintained by an individual or members or
his/her residence and acquired in the normal course of
living in or maintaining a residence. Personal
property shall not include merchandise which was pur-
chased for resale or obtained on consignment or food or
beverages.
2
Sec. 32-2. Persons Exempted from Chapter provisions.
The provisions of this Chapter shall not apply to or
affect the following:
(a) Persons selling goods pursuant to an order or a
process of a court of competent jurisdiction;
(b) Persons acting in accordance with their powers and
duties as public officials;
(c) Any sale conducted by any merchant or mercantile
or other business establishment from or at a place of
business wherein such sale would be permitted under the
Land Development Code of the City of Sebastian or under
the protection of the non-conforming use section
thereof, or any other sale conducted by a manufacturer,
dealer, or vendor, which sale would be conducted from
properly zoned premises and not otherwise prohibited in
other provisions contained in the Code of Ordinances or
in the Land Development Code; or
(d) Any bona fide charitable, educational, cultural,
or governmental institution or organization, recognized
as such under Section 501(c)(3) of the Internal Revenue
Code of 1986, as amended, when the proceeds from the
sale are used directly for the charitable purposes of
the institution or organization, and the goods or
articles are not sold on a consignment basis.
Sec. 32-3. Permit required; contents of application
for permit; application fee; consent.
(a) Required. No garage sale shall be conducted
unless and until the person designated to conduct such
sale shall obtain a garage sale permit from the
Community Development Department.
(b) Permit application. Prior to issuance of any
garage sale permit, the person conducting such sale
shall file a written application with the Community
Development Department in advance of the proposed sale,
setting forth the following information:
1. Full name and address of applicant.
The location at which the proposed garage
sale is to be held.
The date, or dates, upon which the sale shall
be held.
The date, or dates, of any other garage sales
held at the same location within the current
calendar year.
An affirmative statement by the applicant
that the property to be sold was owned by the
applicant as his/her own personal property
and was neither acquired nor consigned for
the purpose of resale.
An affirmative statement by the applicant
that he/she understands that the garage sale
permit will expire in three (3) days from the
time and date of its issuance or effective
date and that the applicant understands that
he/she is entitled to conduct only one (1)
garage sale pursuant to any such permit which
sale shall only be conducted at the location
stated in the application.
(c) Permit fee. There shall be an administrative
processing fee of Two Dollars and 00/100 Dollars
($2.00) for the issuance of a garage sale permit.
(d) Consent. By applying for a garage sale. permit
under this Chapter, the applicant shall be deemed to
have consented to the provisions of this Chapter and to
the exercise by the Community Development Department of
its responsibilities under this Chapter.
Sec. 32-4. Investigation of permit applicant. Before
issuing a permit, the Community Development Department
may conduct an investigation as may reasonably be
necessary to determine if there is compliance with this
Chapter.
Sec. 32-5. Permit conditions; restrictions. The
garage sale permit shall set forth and restrict the
time and location of the garage sale. No more than
four (4) garage sale permits may be issued to any one
(1) residence and/or family household during any
calendar year. If members of more than one (1) resi-
dence join in requesting a garage sale permit, then
such permit shall be considered as having been issued
for each and all such residences.
Sec. 32-6. Display of permit. The garage sale permit
must be clearly displayed and visible for a distance of
six (6) feet from the curb line or nearest edge of the
paved portion of the street or right-of-way abutting
the property upon which the garage sale is to be
conducted.
Sec. 32-7. Property permitted to be sold. It shall be
unlawful for any person to sell or offer for sale,
under authority granted by this Chapter, property other
than personal property.
4
Sec. 32-8. Hours of operation. Garage sales shall be
limited in time to no more than the daylight hours of
three (3) consecutive days.
Sec. 32-9. Display of sale property. Personal
property offered for sale may be displayed within a
residence, in a garage, carport and/or front yard but
only in such areas. No personal property offered for
sale at a garage sale shall be displayed in the side or
rear yard areas of any such premises or in any public
right-of-way. Provided, however, that a vehicle
offered for sale may be displayed on a permanently
constructed driveway within such front or side yards.
Sec. 32-10. Provision, control of parking. The person
to whom a garage sale permit is issued shall provide
for the parking of vehicles in such a way as to avoid
creation of a hazardous or unsafe condition and shall
not permit vehicles to impede the passage of traffic on
any roads or streets in the area of the property upon
which the garage sale is conducted.
Sec. 32-11. Responsibility for conduct of persons on
the premises. The person to whom a garage sale permit
is issued and the owner or tenant of the property on
which such sale or activity is conducted shall be
jointly and severally responsible for the maintenance
of good order and decorum on the premises during
all hours of such sale or activity. No such person
shall permit any loud or boisterous conduct on said
premises.
Sec. 32-12. Advertising, signs.
(a) Number, location and size of signs permitted.
Only the following specified signs may be displayed in
relation to a pending garage sale: one (1) sign of not
more than four (4) square feet shall be permitted to be
displayed on the property of the residence where the
garage sale is being conducted.
(b) Time limitation o__n exhibition of signs. No sign
as provided in Section 32-12(a) shall be exhibited
except during the hours of operation.
(c) Removal of signs. Signs must be removed each day
at the close of the garage sale activities or by the
end of daylight, whichever occurs first.
Sec. 32-13. Enforcement.
(a) The City Council of the City of Sebastian may
enact by resolution reasonable rules and regulations to
implement and carry out the provisions of this Chapter.
5
(b) In addition to all other available legal and
equitable remedies, the City Council of the City of
Sebastian may bring suit to restrain, enjoin, or
otherwise to prevent the violation of this Chapter.
Sec. 32-14. Fines and Penalties. Violations of any of
the provisions of this Chapter shall be punishable as
provided in Sec. 1-10 of this Code. In addition, if
any person is found to have willfully violated any
provision of this Chapter, the Community Development
Department is instructed to cancel any existing garage
sale permit held by such person and not to issue such
person another garage sale permit for a period of two
(2) years from the date of the finding of willful
violation nor to issue any member of such person's
household a garage sale permit to conduct a garage sale
from the same location where the violation occurred for
a period of two (2) years from the finding of a willful
violation."
Section 2. CONFLICT. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 3. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intention; and
the word "Ordinance" may be changed to "Section," "Article" or
other appropriate designations.
Section 4. SEVERABiLITY. In the event a court of competent
3urisdiction shall hold or determine that any part of this Or-
dinance 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 such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilman
. The motion was seconded by Councilman
, and, upon being put into 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
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1991.
CITY OF SEBASTIAN
By:
W. E. Conyers, Mayor
ATTEST:
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
(Seal)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hearing was held on
this Ordinance at 7:00 p.m. on the day of
_, 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
8
RESOLUTION NO. R-91-47
A RESOLUTION OF THE CITY'OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE NORTH EIGHT FEET OF
THE REAR TWENTY FOOT EASEMENT OF LOT 24, BLOCK 293,
UNIT 11, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI ?-56C, 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 north eight feet of the rear twenty foot easement of
Lot 24, Block 293, Unit 11, Sebastian Highlands, according
to the plat thereof, recorded in PBI 7-56C, Public Records
of Indian River County, Florida.
SECTION II
All 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 appeared
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:
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE:
October 22, 1991
TO:
FROM:
Kathryn M. O'Halloran
City Clerk E~
Daniel C. Eckis, P.
City Engineer/P~blic Works Director
RE: Abandonment of a portion of a Drainage Easement along
rear property lines of Lot 24, Block 293 Unit 11.
I inspected the requested easement abandonment for the North
eight (8) feet of the rear twenty (20) foot easement of Lot
24, Block 293, Sebastian, Florida in the rear yard for a pool
encroachment.
Therefore, as City Engineer, I have no objections to the
abandonment of a portion of the existing drainage and utility
easement.
· . . ' CITY OF SEBASTIAN
APPLICATION FOR VACATION OF EASEMENT(S)
(This re~St shall no be accepted unless completed in full)
NAME: Richard and Betty Payton .......
ADDRESS: 450 Concha Drive, Sebastian, Fl. 32958
TELEPHONE NO. TYPE OF ENTITY:* individual
*Individual, corporation, etc. - If corporation apply corporate....
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS:
Lot 24, Block 293, Unit 11, Sebastian Highlands
(Attach description on attachment if necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item to be filled in by Building Official)
TYPE OF EASEMENT:
APPROXIMATE SIZE OF EASEMENT: 20 feet in length 80 in
PURPOSE FOR REQUEST TO VACATE: swimming pool for a handicap
(Explain in detail your need to release this easement.)
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.
Sigded:(~tle, ~any) Date
Betty A. Payton Corporate Seal
Please Print Name Here
Attach hereto'the following:
( ) 1. Map, plat, survey, or clear drawing at least 8 1/2'! x 11"
showing the parcel of land on which the easement exists,
with parcel(s) of land adjacent to the easement requested~. "..,;.':.,,;,
to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWING~
( ) 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 authorization of the owner of the parcel ~f':la~d'/?:.i~/~i
(N/A) on which the easement exists if the applicant is not
owner. .. . ...,..,.~,~:; :7.....
~,.;., -
(N/A) REPLACE THE EASEMENT THAT IS TO BE'VACATED, ATTACH A
OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT,~h' ~]
( ) 5. Attach a check or money order pa~abls to "The City of Sebastian" upon submittal of this application to the
refundable. The fee is $25.00.
( ) 6. OTHER:
Dats_~i~~e~Offico of the City Clerk
City of Sebastian
POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT= J & S Aviation Lease
Approved For Submittal By:
City Manager
) Dept. of Origin: City Manager
)
) Date Submitted: 12/12/91
)
) For Agenda Of: 12/18/91
)
) Exhibits:
) - Addendum To Lease
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City and J & S Aviation, Inc., have agreed to an amendment to
their lease at the airport. The effect of this lease would be to
remove and replace certain fuel tanks on the leased property.
The lease amendment would increase the amount of rent paid by J &
S Aviation to cover the cost of the new fuel tanks. J & S
Aviation has reviewed and approved the addendum to its lease,
dated March 1, 1979.
RECOMMENDED ACTION
Move to approve the addendum to lease betWeen the City and J & S
Aviation, Inc., .and to authorize and direct the Mayor and City
Clerk to sign the addendum in behalf of the city.
"ADDENDUM TO LEASE DATED MARCH 1,, 19~~9'
BY AND BETWEEN THE CITY.OF.SEBASTIAN ("LE.SSOR")
AND J & S AVIATION, ~NC ("LESSEE'!)'
The parties hereto agree as ~ollows:~
1. Removal .gnd"Replacement' p.f Tank~: Lessor hereby agrees to
undertake the removal and replacement of the underground fuel
storage'tanks c.urrently located on the 'leased premises (the "fuel
farm") under the terms and'conditions provided herein; said fuel
farm being more particularly described as: two (2) two thousand
(2,000) gallon fuel storage tanks, and two 12) ~hree thousand
(3,000) gallon fuel storage tanks.~
2. ~ompliance'with~'G0vernmental Laws..~and Requl~tio~s': Lessee
agrees and warrants that the fuel farm shall be maintained and
managed by'Lessee in accordance with all applicable laws, rules
and regulations currenty in effect~ and hereinafter imposed by
federal, state and local governing authority.
3. Indemnification: Lessee hereby agrees to indemnify, defend.
and hold .Lessor harmless from and against any and. all expenses,
costsl damages,~ judgments, liabilities 'and reasonable aftorney's
fees incurred by Lessor resulting from any claims, causes of
action, demands', .lawsuits, proceedings or actions'of any party
arising from or~in any. way connected to the operation of said fuel
farm by ·Lessee, its. agents~or ~employees or for' any conditions
existing on'the.leased premises relating to said fuel farm.
4. Addition to Rent: .Lessor's costs in removing and.replacing the
fuel farm as provided in Paragarph. 1 above shall be amortized over
the useful lire'of the·fuel·farm, using an interest rate equal to
thc'rate Lessor receives on money deposited with·the State Board
of Accounts'(the. "SBA") plus One percent (1%), and shall be payable
monthly by'Lessee along·with the monthly rent payment due Lessor
under the Lease,'commencing on the 10th day of the month following
the month in which Lessor completes replacement of. the fuel farm.
For'purposes of this Paragraph 4, the useful life.of'the fuel farm
shall be deemed to be thirty (30)' years. The addition to ren{
established under this Paragraph '4 shall be·recalculated on a
yearly basis on the'anniversary date of Lessor's completion of the
replacement·of the fuel farm using the then current interest rate
received by Lessor from the SBA plus·one percent .(1%)..
~N WITNESS WHEREOF, the parties have set"their hands and'
seals this day of ~, 1991.
Attest:
Kathryn M. O"Halloran,
CMC/A~.
City Clerk
(SEAL)
Approved as t~. ~orm ~nd -
content:
CITY OF SEBASTIAN
'By.
W, E. Conyers,.Mayor
Charles Ian Nash,
City Attorney
Attest:
J & S AVIATION , INC.
Secretary
By.
John van Antwerp,
President.
ORDINANCE NO.: 0-91-17
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE
LAND USE PLAN IN COMPLIANCE WITH THE STIPULATED
SETTLEMENT AGREEMENT ENTERED INT0 BETWEEN THE CITY OF
SEBASTIAN AND THE DEPARTMENT OF COMMUNITY AFFAIRS ON
JUNE 12, 1991; PROVIDING THAT A COPY OF THE PROPOSED
COMPREHENSIVE PLAN AMENDMENT BE TRANSMITTED TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian has reviewed the State
Department of Community Affairs ("DCA") Notice of Intent to find
the City of Sebastian's Comprehensive Plan not in compliance; and
WHEREAS, the City of Sebastian has cooperated with the DCA
staff in preparing proposed amendments to the City' s
Comprehensive Plan in order to achieve a compliance status; and
WHEREAS, the City has entered into a Stipulated Settlement
Agreement with the DCA which incorporates the City's proposed
amendments to the Comprehensive Plan; and
WHEREAS, on April 18, 1991, the Planning and Zoning
Commission conducted a public hearing on the proposed amendments
to the Comprehensive Plan as set forth in the Stipulated
Settlement Agreement and has submitted a recommendation in favor
of the proposed change of the Comprehensive Land Use Plan to the
City Council; and
WHEREAS, the City Council has provided notice of the
proposed change to the existing Comprehensive Land Use Plan and
conducted two public hearings to receive citizen input; and
WHEREAS, the City Council has considered the provisions of
the existing Comprehensive Land Use Plan together with the
recommended findings and recommendations of its staff and the
Planning and Zoning Commission; and
WHEREAS, the City Council has determined that the proposed
changes in the City's Comprehensive Land Use Plan, as set forth
in the Stipulated Settlement Agreement, is consistent with the
future development of the City of Sebastian.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. AFFECTED PROPERTY. The entirety of the City of
Sebastian shall be affected by the amendments to the
Comprehensive Plan adopted by this Ordinance. The specific
changes to the Comprehensive Land Use Plan are set forth in their
entirety and are attached as Exhibit "A" to this Ordinance and
incorporated herein by this reference.
Section 2.
DESIGNATION.
The changes to the Comprehensive
Land Use Plan do not require a change to the Comprehensive Land
Use Plan Map for the City of Sebastian.
Section 3. NOTIFICATION. The City Clerk shall transmit a
certified copy of the amendments to the Comprehensive Land Use
2
Plan to the Florida Department of Community Affairs within sixty
(60) days of the adoption of this Ordinance.
Section 4. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 5. SEVERABILITY. In the event a court of competent
~jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council 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 such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 6. EFFECTIVE DATE. 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 into 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
3
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1991.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
W.E. Conyers, Mayor
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
(SEAL)
4
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 the first public~earing was held
on this Ordinance at 7:00 p.m. on the _~ day of
~k~ , 1991, that 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 Clerk
Approved as to Form and Content:
Charles Ian Nash,
City Attorney
5
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: )
PLANNING & ZONING'S RECOMMENDATION )
TO AMEND LAND DEVELOPMENT CODE )
REGARDING CHILD CARE FACILITIES )
Approved For Submittal By:
City Manager __~'
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Agenda Number:
Dept. Origin: Community Development
Date Submitted: 12/12/91
For Agenda Of:
12/18/91
Exhibits:
Memorandum dated December 10, 1991
from Planning & Zoning,
Memorandum dated November 18, 1991
from Bruce Cooper,
Letter dated November 19, 1991 from
Dennis Ragsdale,
Letter dated November 20, 1991 from
John McCoy,
Letter dated December 4, 1991 from
Representative Charles Sembler
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
During the process of reviewing a proposed new facility for the Learning
Nest Child Care, Mr. John Dean, Architect for the Learning Nest, brought
to the attention of staff and Planning & Zoning Commission that the
existing Land Development Code requires an outdoor fence recreation area 6
1/2 times more than the State's requirements through H.R.S. Currently,
the Land Development code requires 3,000 square feet for the first 20
children and 150 square feet for every child over 20. With the proposed
child care facility at 99 children, the City would require 14,850 square
feet of outdoor recreational area. Based on the H.R.S. standard of 22 1/2
square feet per child, the proposed facility for 99 children would require
2,227 square feet.
Page 2
City Staff and the majority of the Planning & Zoning Commission cannot
find justification for the excessive amount of outdoor recreational area
and since H.R.S. is the authority and regulates minimum standards for the
safety and welfare of the children, Planning and Zoning Commission has
recommended to the City Council to amend the Land Development Code to
coincide with the H.R.S. standards. This of course only requires a child
care facility to meet the minimum standards as outlined by H,R.S. and
would not prohibit anyone from increasing the minimum amounts to meet
their needs. After checking with the staff of H.R.S. concerning the
requirements for outdoor recreational area, it was explained that the
minimum standards of 22 1/2 square feet per child has been in place at
least since 1976 and has been adequate.
RECOMMENDED ACTION
Review proposed ordinance amendment from Planning & Zoning Commission.
City of Sebastian
POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
DATE: December 10, 1991
TO:
FROM:
Mayor and city Council
Linda Kinche ~~~-------~
Planning and Zonzng secretary
RE:
Land Development Code Change section 20A-6.1C 3(6)
Please be advised that the Planning and Zoning Commission at
their regular meeting on December 5, 1991 voted to recommend
to City Council that the Land Development Code be changed
with regards to the playground requirements for child care
centers and suggested that the language submitted in Bruce
Coopers November 18, 1991 letter be used. The motion passed
5-2.
Should you require any further information, please feel free
to contact me.
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
MEMORANDUM
DATE:
TO,
FROM,
REFERENCE:
November 18, 1991
Planning & Zoning Commission
Bruce Cooper ~~
Director of Community Developme
Learning Nest Child Care Facility
Please be advised that the Board of Adjustment denied both
requests for variances concerning the Learning Nest outdoor
recreational area.
Due to the variances being denied and the Planning and Zoning
Commission's favorable recommendation to change the code,
staff would recommend that the Planning & Zoning Commission
forward the ordinance amendment to the City Council in order
to be reviewed at the December work shop. Below would be the
recommended language to be established:
Existing L~nquaqe - Section 20A-6.1C 3(6) - A fenced area of
not less than three thousand (3,000) square feet of usable
outdoor recreation area shall be provided for the first
twenty (20) children. One hundred fifty (150) square feet of
usable outdoor recreation area shall be required for each
such child over twenty (20). Such area shall be delineated
on the site plan submitted at the time the application is
filed. For the purposes of this provision, usable outdoor
recreation area shall be limited to,
(a) That area not covered by building or required off-street
parking spaces and shall be fenced and screened from
adjacent property lines.
(b) That area outside the limits of the required front yard.
(c) Only that area which is developable for active outdoor
recreational purposes.
(d) An area which occupies no more than eighty (80) percent
of the combined total areas of the rear and side yards.
P..ropose4. L.anquaqe - Section 20A-6.1 C 3 (6) - A fenced area
of usable outdoor recreational area shall be provided and
Page 2
such areas shall be delineated on the site plan submitted at
the time the application is filed. For the purposes of this
provision, usable outdoor .recreational area shall be limited
to:
(a) That area not covered by building or required off-street
parking spaces and shall be fenced and screened from
adjacent property lines.
(D) That area outside the limits of the required front yard.
(c) Only that area which is developable for active outdoor
recreational purposes.
(d) An area which occupies no more than eighty (8~) percent
of the combined total areas of the rear and side yards.
(e) The amount of fenced area for usable outdoor recreation
shall be determined by the State of Florida Department
of Health and Rehabilitative Services.
BC/gk
docup&z.doc
., john ~ dean, Architect & Assoc. - 407-567-5356 - Created: Wednesday, November 20, 1991 10:59 AM - Page 2 of 2 .......
City of Veto Beach
1055 - 20th P/.vICI~. P. O, BO.~' 13&9
V~RO B~Ctl, FLORIDA . 32961-I389
7~bp~ant: (407) 567.515I
~v~ber 19, la91
-2804
Mr, John Dean
2223 lOth Avenue
Veto Beach, FL 32gee
. Dear John:
This le In response to your letter of November 18, 1991, relattve to Veto
Beach requirements for recreation area~ for child oars centers.
The {/ere Beach ~ode does not Include regulations for the size of recreation
areas for child care centers. The City requires that any development ap-
proved must also meet any applicable state or federal regulations. The
Department of Health a~d Rehabilitative Services regulates the size of re~rea-
lion areas for child care Centers.
There are several reasons for using the HR8 standards:
1. To eliminate a dual review proceu for the same requirement,
2. To avoid setting an arbitrary standard without s ~ound hasle for
.the standard. Further, If. the standard the city set were different
thatq the HRB standard, then substantial justification would be
necessary. We understand that we may be more restrictive than tho
state standards;' however,, we must appropriately Justify the stricter
regulation,
3. The HFI8 II(.'eneee and permits day care facilities and apparently has
a sound basle for the apace requirements. I am not aware of any
successful challenges to the HRS standard.
4. The Comprehensive Plaflrttng leglslatlon In FlorldeL included mandates
for Intergovernmental coordination and consistency, A separate
standard'would not meet these mandates, The Planning legislation
also Included a mandate tO remove government regulations which
only served to tn~rease development costs, if the CRy elected to
Increase the size of recreation areas for day care centers without
significant Justification, It would not be consistent with the mandate.
If you have any questions, please do not hesitate to contact this offtoe.
Sincerely,
Dennis Ragsdme
Plalqnlng Director
DR:gkb
john h. dean, Architect & Assoc.
November 20, 1991
BOARD OF COUNTY COMMISSIONERS
1t1~0 $Sfh Stntt. P'ir~ B~aek, ielo~lda 32960
John Dean
2223 10th Avenue
Veto Beach~ Florida 32960
RE~ County chAld Care Recreation Area Requirements
Suncom lelepho.e: 2'Z4.1011
Dear John~
Please be advised that until September of 1990, the county land
development regulations (LDRR) required child care fac~lities to
p~ovide outdoo~ recreation area(s) meeting or exceeding the
following standardst
· a fenced area of not less tan 2,.000 square feet shall be.
provided for the first 20 children~ and
150 square ~ee~ shall be provided for each additional child
over the. 2O child threshold.
In september 1990, county planning staff recommended, and the Board
o~ County Commissioners approved, changes to the LDRs which
included-elimination of all local child care recreation standards.
In planning s~affts opinion, county sta~ could not Justify
requiring higher standards than the state standards. Xn actually
applying the old county standards ~o some tenta~ive child csre
proposals within the more urbanized area of the county, staff ~ound.
those standards to be excessive.
In sta~'s opinion, and under the existing County LDRs~ the state
standards are adequate. Please find attached a copy of the current
county standards specifically applied to child care fac~lities,
I~ ~ou should have any questions regarding th~s matter, please do
not heoitate to contact me at (~07) 567-8000, extension 242.
S~nce~ely,
3ohn W. McCoy
Staff Planner, Current Development
u\c\J\john.dean ~.lt=~talmem~
Florida House of Representatives
Charles W. Sembler II
Representative, 78th District
Reply to:
~ Post Office Box 2380
Veto Beach, FL 32961
(407) 778-5077
E! 14 House Office Building
Tallahassee, FL 32399-1300
(904) 488-0952
Committees
Agriculture
Criminal Justice
Employee & Management Relations
Veterans & Military Affairs
& Emergency Preparedness
December 4, 1991
city of Sebastian
Planning and Zoning Board
1225 Main Street
Sebastian, FL 32958
Dear Members:
This letter is in reference to the Learning Nest Child
Development Center and the city's required playground space. I
would like to request that you give every consideration to the
Center's request for a change in the present space requirement.
This much needed center will provide playground space that is
double what the State of Florida requires. Also, please take into
consideration, not all of the children will ever be out on the
playground at one time.
With child care being of statewide importance, and with the
growing need for accessible child care for the working parents, and
to ensure that these children have quality care, I would hope that
we can establish a workable solution.
Thanking you in advance for your attention to this matter.
SincereLy, ~ "
Charles W. Sembler II
Printed on Recyclable Paper
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT: Charter Amendments
Approved For Submittal
City Manager
) Dept. of Origin: City Attorney
)
) Date Submitted: 12/12/91
)
) For Agenda Of: 12/18/91
)
) Exhibits: - Ordinance 0-91-29
) - Ordinance 0-91-30
) - Ordinance 0-91-31
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City Council directed the city Attorney to prepare Ordinances
and ballot questions for amendments to the city Charter.
RECOMMENDED ACTION
First read Ordinances 0-91-29, 0-91-30 and 0-91-31 and set second
reading and public hearing for January 8, 1992.
ORDINANCE NO. 0-91-29
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE
IN ORDER TO AMEND PORTIONS OF THE CITY CHARTER;
PROVIDING FOR GENDER-NEUTRAL LANGUAGE WITH
RESPECT TO MEMBERS OF THE CITY COUNCIL; PRO-
VIDING SPECIFICITY WITH RESPECT TO THE TERM
"COUNCIL"; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING
THE TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE
THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE
ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of the Florida Statutes provides that
the governing body of a municipality may submit to the electors of
that municipality a proposed amendment to all or part of its
charter; and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida, has determined that certain revisions should
be made to the City Charter in order to provide gender-neutral
language and specificity with respect to certain terms used in the
Charter; and
WHEREAS, the City Council desires to submit the amendments to
the Charter for ratification by the electors of the City of
Sebastian, Indian River County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That throughout the Charter of the City of
Sebastian, the term "councilmen" shall be changed to "council
members", the term "councilman" shall be changed to "council
member", and the term "council" shall be changed to "City Council"
Section 2. An election is hereby called and scheduled to be
held on March 10, 1992, to determine whether the revisions to the
Charter of the City of Sebastian, Florida, shall be approved by a
majorityof the votes cast in such election, in which the qualified
electors residing in the City shall participate.
Section 3. The places of voting in such election shall be
the usual places of voting in the City of Sebastian, Florida, in
the regular election as follows:
PRECINCT POLLING PLACE
A. Precinct 12 ..... The Sebastian Community Center
1805 North Central Avenue
B. Precinct 14 ..... Church of the Nazarene
50 South Wimbrow Drive
C. Precinct 15 ..... The North Indian River County Library
1001 Fellsmere Road (CR 512)
D. Precinct 16 ..... Calvary Baptist Church
123 Thunderbird Drive
The polls shall open at such voting places on March 10, 1992,
from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing
within the City of Sebastian shall be entitled to participate and
vote in such election.
Section 4. The purpose of this election shall be to present
a referendum issue to the electors of the City of Sebastian of
whether or not to adopt revisions to the City Charter. The ballot
shall be substantially in the following form:
BALLOT
Referendum No. 1:
neutral titles.
CITY OF SEBASTIAN, FLORIDA
Referendum
Amending City Charter to provide for gender-
Shall the City of Sebastian amend the City Charter to
provide that throughout the Charter the term "councilmen"
shall be changed to "council members", the term
"councilman" shall be changed to "council member", and
the term "council" shall be changed to "City Council"?
Yes for Approval
No for Rejection
Section 5. The City Clerk is hereby directed to instruct the
Supervisor of Elections of Indian River County to include the
above-described referendum on the ballot for the election to be
held on March 10, 1992.
Section 6. Notice of such election shall be published in a
newspaper of general circulation according to the laws of the State
of Florida.
Section 7. This Ordinance shall take effect immediately upon
its passage.
The foregoing Ordinance was moved for adoption on second
reading by Councilman
seconded by Councilman
put into 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
The motion was
, and, upon being
adopted this
The Mayor thereupon declared this Ordinance duly passed and
day of , 1991.
CITY OF SEBASTIAN
By:
W. E. Conyers, Mayor
ATTEST:
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
(Seal)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this Or-
dinance 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
4
ORDINANCE NO.: O-91-30
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE
IN ORDER TO AMEND PORTIONS OF THE CITY CHARTER;
AMENDING SECTION 2.06 OF THE CITY CHARTER
PERTAINING TO THE DUTIES OF THE MAYOR AND THE
ELECTION OF A VICE MAYOR; PROVIDING THAT THE
MAYOR MAY SIGN ALL CONTRACTS, BONDS, DEBEN-
TURES, FRANCHISES AND OFFICIAL DOCUMENTS ON
BEHALF OF THE CITY; AMENDING SECTION 2.08(c)
OF THE CITY CHARTER PERTAINING TO THE
APPOINTMENT OF SUCCESSORS TO FILL VACANT CITY
OFFICES; AUTHORIZING THE CITY COUNCIL TO
APPOINT SUCCESSORS TO SERVE UNTIL THE NEXT
REGULARLY SCHEDULED MUNiCiPAL ELECTION;
AMENDING SECTION 2.12 OF THE CITY CHARTER
PERTAINING TO REGULAR AND SPECIAL MEETINGS OF
THE CITY COUNCIL; PROVIDING THAT THE CITY
COUNCIL SHALL PRESCRIBE THE TIMES AND PLACES
OF SUCH MEETINGS BY RESOLUTION; AMENDING
SECTION 2.16 OF THE CITY CHARTER PERTAINING TO
STANDING COMMITTEES; AUTHORIZING THE. CITY
COUNCIL TO APPOINT STANDING COMMITTEES;
CREATING A NEW SECTION 3.04(g) OF THE CITY
CHARTER PERTAINING TO THE POWERS AND DUTIES OF
THE CITY MANAGER; AUTHORIZING THE CITY MANAGER
TO SIGN ALL CONTRACTS, BONDS, DEBENTURES,
FRANCHISES AND OFFICIAL DOCUMENTS ON BEHALF OF
THE CITY; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING
THE TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE
THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE
ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of the Florida Statutes provides that
the governing body of a municipality may submit to the e'lectors of
that municipality a proposed amendment to all or part of its
charter; and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida, has determined that certain revisions should
be made to the City Charter in order to provide for a more
efficient and concise exercise of the legislative and
administrative functions of the City; and
WHEREAS, the City Council desires to submit the amendments to
the Charter for ratification by the electors of the City of
Sebastian, Indian River County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the existing Section 2.06 of the Charter of
the City of Sebastian, Florida, is hereby amended by deleting said
Section in its entirety and adding the following provision in lieu
thereof:
"Sec. 2.06. Mayor; Vice Mayor.
(a) The Mayor shall preside at all meetings
of the City Council, and shall have a vote
upon all matters coming before the City
Council, but shall have no veto power. The
Mayor shall have the power to preserve peace
and order, and shall be recognized as the
legislative head of the City government for
all ceremonial purposes and by the Governor of
the State of Florida for purposes of military
law. The Mayor may sign all contracts, bonds,
debentures, franchises and official documents
on behalf of the City as directed and
authorized by the City Council, which shall
also be attested by the City Clerk.
(b) At the first meeting following the general
election, the City Council shall elect from
among its members (other than the Mayor) a Vice
Mayor who shall act as Mayor during the absence
or disability of the Mayor. The senior member
of the City Council shall act as Mayor during
the absence or disability of both the Mayor
and the Vice Mayor."
Section 2. That the existing paragraph (c) of Section 2.08
of the Charter of the City of Sebastian, Florida, is hereby amended
2
by deleting said paragraph in its entirety and adding the following
provision in lieu thereof:
"(c) Fillinq Vacancies. In the event that the
office of the Mayor or any council member
becomes vacant before the expiration of the
term of such office, the City Council shall,
by a majority vote of the remaining members of
the City Council, appoint a person having the
qualifications of a council member to occupy
such office; provided, however, that such
person shall serve only until the next regular
municipal election for the City. If the term
of the vacant office being filled by the City
Council does not expire at the next regularly
scheduled municipal election for the City, the
electorate of the City shall elect a successor
to fill the vacant office until such time as
the term of said office expires and a successor
qualifies and i.s elected."
Section 3. That the existing paragraph (a) of Section 2.12
of the Charter of the City of Sebastian, Florida, is hereby amended
by deleting said paragraph in its entirety and adding the following
provision in lieu thereof:
"(a) Meetings. The City Council shall meet
regularly at least once a month at such times
and places as the City Council may prescribe
by resolution. Special meetings of the City
Council may be held on the call of the Mayor
or Vice Mayor or of three or more council
members. Whenever practicable, each council
member shall receive at least twelve (12)
hours advance notice of any special City
Council meeting called. If at least three
council members deem a special meeting to be
an emergency meeting, the twelve (12) hour
advance notice requirement shall be waived.
All City Council meetings shall be public
meetings, except as otherwise permitted by
law."
Section 4. That the existing Section 2.16 of the Charter of
the City of Sebastian, Florida, is hereby amended by deleting said
3
Section in its entirety and adding the following provision in lieu
thereof:
"Sec. 2.16. Standing Committees.
(a) Standing committees may be appointed by
the City Council. The membership, powers and
duties of such committees shall be as provided
by the resolution of the City Council.
(b) Periodic reports to the City Council
shall be made by the standing committees as to
the accomplishments and future activities
contemplated by each standing committee, as
directed by the City Council."
Section 5. That the Charter of the City of Sebastian,
Florida, is hereby amended by adding a new paragraph (g) to Section
3.04 which shall read as follows:
"(g) The City Manager, as authorized by the
City Charter, the Sebastian Code of
Ordinances, or by the direction of the City
Council, may sign all contracts, bonds,
debentures, franchises and official documents
on behalf of the City, which shall also be
attested by the City Clerk."
Section 6. An election is hereby called and scheduled to be
held on March 10, 1992, to determine whether the revisions to the
Charter of the City of Sebastian, Florida, shall be approved by a
majority of the votes cast in such election, in which the qualified
electors residing in the City shall participate.
Section 7. The places of voting in such election shall be the
usual places of voting in the City of Sebastian, Florida, in the
regular election as follows:
PRECINCT POLLING PLACE
A. Precinct 12 ..... The Sebastian Community Center
1805 North Central Avenue
B. Precinct 14 ..... Church of the Nazarene
50 South Wimbrow Drive
C. Precinct 15 ..... The North Indian River County Library
1001 Fellsmere Road (CR 512)
D. Precinct 16 ..... Calvary Baptist Church
123 Thunderbird Drive
The polls shall open at such voting places on March 10, 1992,
from 7:00 a.m. to 7:00 p.m. Ail duly qualified electors residing
within the City of Sebastian shall be entitled to participate and
vote in such election.
Section 8. The purpose of this election shall be to present
a referendum issue to the electors of the City of Sebastian of
whether or not to adopt revisions to the City Charter. The ballot
shall be substantially in the following form:
BALLOT
CITY OF SEBASTIAN, FLORIDA
Referendum
Referendum No. 2: Amending City Charter regarding powers of Mayor
and Manager; filling vacancies; calling meetings; establishing
Committees.
Shall the City of Sebastian amend the City Charter to
allow Mayor to sign all official documents for the City;
to establish procedures for filling vacancies on City
Council; to require City Council meetings to be
established by resolution; to require City Council
meetings to be public, except as authorized by law; to
authorize appointment of standing committees; to
authorize City Manager to sign all official documents as
authorized by City Council or law?
Yes for Approval
No for Rejection
5
Section 9. Effective Date. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption on second
reading 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
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 Veto Beach Press Journal as required
by State Statute, that one public hearing was 'held on this
Ordinance at 7:00 p.m. on the day of , 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
ORDINANCE NO: 0-91-31
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE
IN ORDER TO AMEND THE CITY CHARTER; AMENDING
SECTION 4.06 OF THE CiTY CHARTER PERTAINING TO
ELECTION PRECINCTS AND POLLING PLACES; PROVI-
DING THAT ELECTION PRECINCTSAND POLLING PLACES
SHALL BE ESTABLISHED BY THE SUPERVISOR OF
ELECTIONS FOR INDIAN RIVER COUNTY, FLORIDA;
AUTHORIZING THE CITY COUNCIL TO ESTABLISH
ELECTION PRECINCTS AND POLLING PLACES IN THE
EVENT THE SUPERVISOR OF ELECTIONS FOR INDIAN
RIVER COUNTY FAILS TO PERFORM SUCH DUTIES;
AMENDING SECTION 4.07 OF THE CITY CHARTER
PERTAINING TO THE ADOPTION OF NECESSARY
ARRANGEMENTS FOR HOLDING ALL CITY ELECTIONS;
PROVIDING THAT THE CITY COUNCIL SHALL MAKE ALL
THE NECESSARY ARRANGEMENTS FOR CITY ELECTIONS
IN CONJUNCTION; WITH THE CITY CLERK THROUGH
RESOLUTION; AMENDING SECTION 4.08 OF THE CITY
CHARTER PERTAINING TO THE CANVASSING OF
ELECTION RETURNS; AUTHORIZING THE CITY CLERK
TO APPOINT A CITY ELECTION CANVASSING BOARD IN
THE EVENT THE SUPERVISOR OF ELECTIONS FOR
INDIAN RIVER COUNTY, FLORIDA, FAILS TO APPOINT
SUCH A BOARD; PROVIDING PROCEDURES FOR
CONVENING THE CITY CANVASSING BOARD AND
RECORDING RESULTS O~'"THE BOARD; PROVIDING FOR
A SPECIAL MEETING OF THE CITY COUNCIL FOR THE
PURPOSES OF RECEIVING RESULTS OF THE CITY
CANVASSING HOARD, DECLARING ELECTION RESULTS
AND ADMINISTERING OATHS OF OFFICE TO NEWLY
ELECTED CITY OFFICIALS; AMENDING SECTION 4.09
OF THE CITY CHARTER PERTAINING TO BALLOTS;
PROVIDING THAT BALLOTS SHALL CONFORM TO THE
FORM OF BALLOTS PRESCRIBED BY THE GENERAL
ELECTION LAW OF THE STATE OF FLORIDA; PROVIDING
FOR THE MANNER IN WHICH SUCH ELECTION SHALL HE
CONDUCTED; PROVIDING THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM
OF THE HALLOT FOR SUCH ELECTION; DIRECTING THE
CITY CLERK TO PROVIDE THE SUPERVISOR OF
ELECTIONS WiTH A COPY OF THE ORDINANCE;
PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of the Florida Statutes provides that
the governing body of a municipality may submit to the electors of
that municipality a proposed amendment to all or part of its
charter; and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida, has determined that certain revisions should
be made to the Charter in order to provide more efficient and
comprehensive procedures with respect to municipal elections; and
WHEREAS, the City Council desires to submit the amendments to
the Charter for ratification by the electors of the City of
Sebastian, Indian River County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the existing Section 4.06 of the Charter of
the City of Sebastian, Florida, is hereby amended by deleting said
Section in its entirety and adding the following provision in lieu
thereof:
"Sec. 4.06. Elections - Precincts and polling
places; designation of same.
(a) The establishment of election precincts
and polling places, including the designation
of the number, boundaries and location of same,
for the purpose of holding municipal elections,
shall be established by the Supervisor of
Elections for Indian River County, Florida.
In the event the Supervisor of Elections for
Indian River County, Florida, fails to perform
such duties, or in the event the authority of
the Supervisor of Elections for Indian River
County, Florida, to perform such duties is
revoked or rescinded, such authority shall be
held by the City Council.
(b) In the event that neither the Supervisor
of Elections for Indian River County, Florida,
nor the City Council establishes an election
precinct and polling place for the City of
Sebastian with respect to any municipal
2
election, then the election precinct shall be
the entire corporate boundaries of the City of
Sebastian and the polling place shall be the
Sebastian Community Center."
Section 2. That the existing Section 4.07 of the Charter of
the City of Sebastian, Florida, is hereby amended by deleting said
Section in its entirety and adding the following provision in lieu
thereof:
"Sec. 4.07. Elections
inspectors and clerks.
- How Arranged;
The City Council, in conjunction with the City
Clerk, shall make all necessary arrangements
for holding all city elections and shall
declare the results thereof. The City Council
shall adopt a resolution, upon the calling of
an election, stating therein where the same
shall be held, and naming the different offices
to be filled, or questions to be decided, and
shall cause the notice of the election to be
published in accordance with State law."
Section 3. That the existing Section 4.08 of the Charter of
the City of Sebastian, Florida, is hereby amended by deleting said
Section in its entirety and adding the following provision in lieu
thereof:
"Sec. 4.08.' City Canvassing Board; canvass of
election returns.
(a) If the Supervisor of Elections for Indian
River County, Florida, does not appoint a
Canvassing Board to canvass the ballots cast
in a municipal election involving the City,
then the City Clerk shall appoint a City
Canvassing Board to be composed of three (3)
individuals; one (1) member shall be the City
Clerk and the remaining two (2) members shall
be appointed by the City Clerk. The City Clerk
shall act as chairperson of the City Canvassing
Board.
(b) When a City Canvassing Board has been
constituted, the City Canvassing Board shall
meet at a place and time designated by the
chairperson, as soon as practicable after the
close of the polls of any municipal election
involving the City, at which time, the City
Canvassing Board shall proceed to publicly
canvass the absentee electors' ballots and then
publicly canvass the vote as shown by the
returns then on file in the office of the
Supervisor of Elections for Indian River
County, Florida. The City Canvassing Board
shall prepare and sign a certificate containing
the total number of votes cast for each person
or other measure voted on. The certificate
shall be placed on file with the City Clerk.
(c) The City Council shall hold a special
meeting on the first Monday following the
election for the purpose of receiving the
certificate of the canvassing of the returns
by the Supervisor of Elections for Indian River
County, Florida, or the City Canvassing Board,
as the case may be. The City Council shall
then declare the results of the election and
enter them in the minutes of the special
meeting. Any oath of office required to be
administered to the newly elected mayor and
council members shall be administered at such
special City Council meeting or at the next
City Council meeting where the newly elected
mayor or council members are in attendance."
Section 4. That the existing Section 4.09 of the Charter of
the City of Sebastian, Florida, is hereby amended by deleting said
Section in its entirety and adding the following provision in lieu
thereof:
"Sec. 4.09. Same - Ballots.
The ballots shall conform to the form of
ballots prescribed by the general election law
of the State of Florida."
Section 5. An election is hereby called and scheduled to be
held on March 10, 1992, to determine whether the revisions to the
Charter of the City of Sebastian, Florida, shall be approved by a
4
majority of the votes cast in such election, in which the qualified
electors residing in the City shall participate.
Section 6. The places of voting in such election shall be the
usual places of voting in the City of Sebastian, Florida, in the
regular election as follows:
PRECINCT POLLING PLACE
A. Precinct 12 ..... The Sebastian Community Center
1805 North Central Avenue
B. Precinct 14 ..... Church of the Nazarene
50 South Wimbrow Drive
C. Precinct 15 ..... The North Indian River County Library
1001 Fellsmere Road (CR 512)
D. Precinct 16 ..... Calvary Baptist Church
123 Thunderbird Drive
The polls shall open at such voting places on March 10, 1992,
from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing
within the City of Sebastian shall be entitled to participate and
vote in such election.
Section 7. The purpose of this election shall be to present
a referendum issue to the electors of the City of Sebastian of
whether or not to adopt revisions to the City Charter. The ballot
shall be substantially in the following form:
BALLOT
CITY OF SEBASTIAN, FLORIDA
Referendum
Referendum No. 3: Amending City Charter regarding municipal
elections, ballots and canvassing board.
Shall the City of Sebastian amend the City Charter to
provide that City Council shall establish election
precincts and polling places on failure of Supervisor of
Elections for Indian River County, Florida, to perform
such duties; to provide method for calling municipal
elections and declaring results; to provide method for
canvassing results, appointing canvassing board and
5
accepting ~esults of board; to provide for form of
ballots?
Yes for Approva!
No for Rejection
Section 8. Notice of such election shall be published in a
newspaper of general circulation according to the laws of the State
of Florida.
Section 9. This Ordinance shall take effect immediately upon
its passage.
The foregoing Ordinance was moved for adoption on second
reading by Councilman The motion was
seconded by Councilman , and, upon being
put into 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
The Mayor thereupon declared this Ordinance duly passed and
adopted this
day of
ATTEST:
, 1991.
CITY OF SEBASTIAN
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
(Seal)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this Or-
dinance 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
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
SUBJECT:
Golf Course Bond Refunding,
Approval of underwriter
Approved for Submittal By:
City Manager ~
) Agenda No. (~/St0 ¢
)
) Dept. Origin Finance (MLH)
)
) Date Submitted: 12/12/91
)
) For Agenda Of 12/18/91
)
) Exhibits: NONE
)
)
Expenditure Amount Appropriation
Required: (n/a) Budgeted: (n/a) Required:
SUMMARY STATEMENT
Previously, Council has determined refunding of the City's Golf Course Revenue
Bonds, Series 1985 to be advisable. Council has directed staff to retain Nabors,
Giblin, and Nickerson, P.A., to serve as Bond Counsel, and accordingly staff has
retained them. The next step to expedite the refunding is the appointment of the
underwriter to effect the refunding. Staff has requested refunding analyses from four
major fn-ms and has received proposals from three. Underwriters should be selected
from only those reputable firms experienced in refunding, and highly qualified to
execute the underwriting. Staff has met with Mark Mustian,'attorney with Nabors,
Giblin & Nickerson, P.A., to discuss selection of underwriters. Mr. Mustian has had
prior experience with all three firms, reviewed all of the proposals, and finds them all
to be very reputable and extremely qualified as underwriters.
The following information has been extracted from the proposals:
Underwriter
Raymond James & Assoc., Inc.
William R. Hough & Co.
Barnett Bank
% fee Expected fee
1.00% $ 22,800.00
1.05 % $ 21,000.00
0.87% $19,902.35
~COMMENDED ACTION
Based on the Bond Counsel's opinion of the qualifications of the underwriters, and after
reviewing the proposals the firms, staff recommends approval of Barnett Bank as
underwriters for the Golf Course Revenue Bond Refunding.
City of Sebastian
POST OFFICE I~OX 7~0t27 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 689-$~J0 ~ FAX (407) 589-5570
Street Improvement
Program-Fiscal
1991/92
}
.}
)
}
Dept. Ortg~Ln ENG/PW~
Date Bubmi~ed12-12-91
12-18-91
For Agenda 0~
Exh~.b~.~½ Engineer Memo~
12-12-91 and
Street improvement
Spread sheet/maps
$216,500 AUoUNT $246,000
APPROPRIATION
~E~UI~EDI
St~IMA~Y 8TATEHENT
The Street Improvement Program for fiscal year 1991/92
will be constructed by Martin Paving, which is Indian
River County's paving contractor listed under the
commodities contract. The City will be paying for
asphalt to be spread at $30.00 per ton. Staff proposes
improvements'for the following Streets, Delmar Street,
Laconia Street, Clearbrook South, Skyline Lane, Concha
Drive (East), Caravan Drive (East), Cownie Lane,
Larkspur, Bevan Drive, Temple Avenue, Cross Street, and
Lake St (Annex).
Pursuant to City Code Sec. 2-64(j), "The City Council
may waive or modify the bidding procedure on specific
contracts for good cause"
Adequate funds are budgeted in the County Option Gas Tax
Fund for this project.
Move to approve proposed Street Improvement Program and
grant a waiver of normal bidding procedures to engage
Martin Paving per the Indian River County Conm~odities
Contract No: 91-1.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE: December 12, 1991
TO:
FROM:
Robert S. McClary
City Manager
Daniel C. Eckis, P.E(~
City Engineer/Public~7~rks Director
RE:
Street Overlay Projects
As requested, I have made a list of proposed streets within
the City limits of Sebastian to be overlaid for fiscal year
1991/92. The budget amount is $246,000 and the list of
proposed streets to be overlaid are as follows:
Delmar Street
Laconia Street
Clearbrook South
Skyline Lane
Concha Drive East
Caravan Drive East
Cownie Lane
Larkspur
Bevan Drive
Temple Avenue
Cross Street
Lake St (annex)
26,000
11,000
21,000
15,000
50,000
13,000
9,OOO
19,000
18,000
9,500
13,000
4,500
Total $216,500
The cost for the proposed improvements were determined from
unit prices obtained from Martin Paving. I have enclosed a
copy of my spread sheet listing the lengths and the unit cost
for the overlay of each street. In addition, I have obtained
a donation from Fischer to provide approximately $1500 worth
of service to reconstruct Larkspur Street. The estimated cost
from Martin Paving would be approximately $33,000 and if we
buy the limerock Fischer and Sons will spread the rock and
compact it for a completed reconstruction cost of $19,000.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
FLORIDA COMMUNITIES TRUST P2000
PRESERVATION 2000 GRANT PROPOSAL
Approved For Submittal By:
City Manager
Agenda Number ~
For Agenda Of:
Dept. Origin: Community Development
12/18/91
Exhibits:
1. Department of Community Affairs:
Application Information for the
Florida Communities Trust P2000
(Preservation 2000) Grant Pro~
2. Map of Suggested Habitat Area and
Documents Supporting City's Joint
Opportunity to Establish Unified
Conservation District with Indian
River County
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Staff has reviewed application documents for the Preservation 2000 Grant
Program sponsored by the Florida Department of Community Affairs. A
potential area to target for public control and acquisition under grant
guidelines consists of undeveloped properties in the City to the north of
Main Street. The material supplied herein generally depicts the habitat
site as Scrub Tract IR-i, as cited by Mr. Raymond T. Fernald in the book
published by the Florida Game and Fresh Water Fish Commission: Nongame
Wildlife Program Technical R~ort Number 6: Coastal Xeric Scrub
Communities of the Treasure Coast Reqion, Florida, map on page 89, June
1989.
Because the Florida Communities Trust Preservation 2000 Program favors
partnership arrangements for grant applications, and because the tract
covers an Indian River County enclave, County staff have expressed
interest in sharing responsibility for application submission. Only
governmental units may submit a P2OOO Grant Application to the state, but
Page 2
this habitat area is of possible interest to other private entities such
as the Indian River Land Trust who may provide financial support. For the
purposes of the application, due on January 3, 1992, none of the financial
details need be known; the State prefers to guide its awardees through the
process when ready.
Scrub Tract IR-1 is located within the City's most intensive commerial/
industrial sector, and overlaps Indian River County and the St. Sebastian
Planned Unit Development, whose planners are taking into account the
tract's location, sensitivity and necessity to manage it via controlled
burning under the direction of Florida Forestry. Total acreage of IR-1 is
193 acres, of which about 43 are included in St. Sebastian PUD (one
owner), 12 in the enclave (one out-of-country owner), 70 in the Industrial
zone (one owner), with the remainder lying in the Commercial General zone
between US #1 and FEC RR. Sebastian already owns the Cemetary site west
of US #1, which is also part of IR -1.
Scrub habitat acquisition and protection is a new issue to many residents
of the City, but an important one, and consistent with the comprehensive
planning goals of the City, County and the Treasure Coast Regional
Planning Council.
RECOMMENDED ACTION
City Council is asked to review the documents attached, and to provide
direction to staff whether or not to pursue a Florida Communities Trust
Preservation 2000 Grant Application for scrub habitat located in Scrub
Tract IR-1.
Full details concerning property value, and negotiations on' acquisition
will be made a part of the grant agreement, should a grant be awarded. In
any case, the City's financial responsibility will likely be no more than
one-fourth the negotiated price for the 125 acres of land excluded from
the Commercial General zone (approximately $500,000 of the total
$2,000,000+ estimate). The Department of Community Affairs projects a
long review process, and does not expect or desire applications that have
reached the negotiation stage, asking instead that the individual
applicants be prepared to allow the State to determine the method of
financing and the appropriateness of in-kind trade-offs and transfers of
development rights.
(continued from p. 1) will continue into 1992. If you have any thoughts on the
issue you can reach Rick at (407) 246-2269.
Tallahassee It appears as though FAPA will be going through a dues
restructuring to assist with the collection of dues and eliminate future rate
increases. Dues for membership in FAPA will be based on 50% of national
dues. This will mean that in 1992 your invoice for APA membership dues will
include a fee of 50% of national dues for state dues. Look for more news on
this item in the state FAPA newsletter.
FL Pierce In our own backyard I am sorry to say that Nancy Munshaw Planning
Director for St. Lucie County and Secretary for our very own Treasure Coast
Section of FAPA will be leaving St. Lucie County to pursue personal interests.
She decided it was time to make a change after being instrumental in the
adoption and initiation of the implementation of the County's Comprehensive
Plan. Fortunately Nancy will be staying in the area and will be in touch with all
of us. Nancy has done a superb job of editing (producing) this newsletter and
has contributed immensely to the Section. We all wish you the best.
Monroe County Monroe County has agreed to a negotiated settlement with
1000 Friends of Florida, DCA and several other individuals and environmental
groups who challenged the County's comprehensive plan. The settlement, which
must be ratified by the Governor and Cabinet, calls for the county to adopt and
enforce an entirely new plan by early 1993. In the meantime, the county will
continue to operate under its 1986 plan. The biggest area of concern in the plan
was that the amount of development allowed was more than could ever be
sustained based on the islands' water supply, environmental and hurricane
constraints.
The Florida Communities Trust is looking for a few good grant
]uests. The Trust will distribute nearly $30 million in grants during the next
year to help communities implement their comprehensive plans. $1 million has
been set aside as grants for counties with populations under 50,000 and cities
with populations under 5,000. The application period for local governments to
request matching grants up $2.7 million is November 4, 1991 through January 3,
1992. The Trust plans a series of regional workshops during mid-November to
explain the application process. For more information on the workshops and
applying for grants, contact the Florida Communities Trust, DCA, 2740
Centerview Drive, Tailahassee, 32399-2100 or call (904) 922-2207.
Treasure Coast Section APA
c/o Planning Division
St. Lucie County
2300 Virginia Ave., Rm. 203
Fort Pierce, FL 34982
CATHERINE A HILTON
SEBASTIAN CITY OF
1225 MAIN ST
SEBASTIAN FL
32978-0127
I I I I
AiCP STUDY GROUP
FORMING IN JANUARY
Are you interesting in meeting to study for
the 1991 AICP exam?
If you are interested, please call Sara
Lock_hart, at Urban Design Studio, phone
number 407-689-0066 to register. The first
meeting is tentatively scheduled for:
January 8, 1992 at Urban Design Studio's
oltlces at 6:00 p.m.
If this is your first attempt to take the
exam, you must submit an application to
AICP before January 3, in order for the
Institute to determine if you are qualified
to take the exam, which will be held during
the week of May 11-16, 1992. The
application filing fee is $40.00 and is non-
refundable.
Circle December 12
CHRISTMAS PARTY!
Over the river and up the stairs to the
third floor of Parker's Lighthouse we'll go.
This year's festivities will corm-ncnce at
5:30 p.m. on Thursday, December 12. Hot
and cold delicacies will abound all eve and
happy hour prices will be in effect until
7:00. A mere $5.00 per person will allow
you and your most significant other to
become merry with the jolliest of Santa's
elves. Look for your invitation in the mail
and RSVP soon, because remember, we're
making a list and checking it twice..
BULK RATE
U.S. POSTAGE
PAID
W. PALM BEACH, FL
PERMIT NO. 1587
I II[lllllll
IIIIll II
FLORIDA COMMUNITIES TRUST
PRESERVATION 2000 PROGRAM
APPLICATION FORM
GENERAL INSTRUCTIONS
The attached is an application form for use in requesting funding from the Florida Communities Trust's
Preservation 2000 Program. The applicant is urged to read fully and carefully Rule Chapter 9K-4,
Florida Administrative Code, which describes the types of projects that may be funded, the criteria by
which proposals will be evaluated, the schedule of submissions and review and other important
information,
']['he applicant should type the answers to all questions as completely as possible, including all information
requested. Information requested on pages 1-3 should be provided by the applicant on the application
form. Beginning with the section 'Project Purposes and Objectives" on Page 4, the applicant is directed
to type the question (including headings, numbers and letters where provided) on separate paper using
as much space as needed to fully respond. The applicant is encouraged to use Rule Chapter 9K-4,
Florida Administrative Code, where referenced in the application form to clarify the information
requested. Where a question does not apply to the proposed project, type "N/A" or "Not Applicable."
It is emphasized that responses will be evaluated in the context of all information submitted (e.g., maps
and photos), in addition to site visits and technical review comments from relevant state agency staffs and
technical advisory committees pursuant to Section'380.508(2), Florida Statutes.
ELIGIBLE APPLICANTS
All local governments that have submitted a proposed local COlnprehensive plan to the Department of
Con'ununity Affairs are eligible to submit applications for funding by the Trust without regard to the
compliance status of the plan. Prior to receiving project approval, as described in Rule 9K-4.01 l(2)(h),
Florida Administrative Code, the local comprehensive plan of an applicant, and the applicant's partner(s)
if any, must either be found in compliance as defined in Rule 9.K-4.002(18), Florida Administrative
Code, or the local government(s) must have executed a stipulated settlement agreement with the
Department to resolve all of the issues raised by the Department in a statement of intent to find a plan
not in compliance issued pursuant to Section 163.3184(8), Florida Statutes.
DEADLINES
For an application to be considered, it must be received at the address below on or before the deadline
for the application period published in the Florida Administrative Weekly.
SUBMITTAL
Completed application packages should be mailed or delivered to the Executive Director, Florida
Communities Trust, Room 300, 2740 Centerview Drive, Tallahassee, FL 32399~2100 (phone 904/922~
2207).
FCT/P2000-1
COMPLETENESS REVIEW
Each application must include ten (10) complete sets of legible materials, at least one set being an original
of the text and non-text items. Rule 9K4.007, Florida Administrative Code, describes the determination
of application completeness procedures. Applicants are encouraged to insure that applications submitted
are complete prior to submittal. APPLICATIONS THAT DO NOT INCLUDE THE FOLLOWING
ITEMS, PURSUANT TO RULE 9K-4.007,FLORIDA ADMINISTRATIVE CODE, WILL BE FOUND
INCOMPLETE:
A completed application form FCT/P2000-1. [Rule 9K-4.004(e)]
Location and acreage of project site, including an areawide location map and a map depicting
property boundaries and accessibility. [Rule 9K-4.004(4)(a)l.] These items are requested on page
3 of this application.
Statement oi' purposes and objectives, including a discussion of reasons in support of project site
acquisition, and future uses, improvements, facilities, and activities intended on the site. For
partnership applications, the statement should address the purposes and objectives of the joint
project. [Rule 9K-4.004(4)(a)2.] This item is requested on page 4 of this application.
I
Statement, with cross-references to specific comprehensive plan goals, objectives and policies and
the appropriate provision in the support documents, describing how the project will assist the
local government in implementing the recreation and open space, conservation, or coastal
elements of the comprehensive plan. For partnership applications this statement should be based
on the local comprehensive plan of the jurisdiction in wl.;ch the project site is located, as well
as relevant goals, objectives and policies of the local comprehensive plan of the application
partner(s). [9K-4.004(4)fo)5.] These items are requested on page 4 of this application.
Estimated project cost information, estimates of other non-recurring costs associated with the
project, and form and amount of local match. [9K-4.004(4)(c)] This information is requested on
page 2 of this application.
Conceptual management plan and source of funding for management. [9K-4.004.(4)(d)] This
information is requested on page 4 of this application.
A notice will be mailed to the key contact person named on the application form by certified mail within
10 working days following the application deadline as to whether or not the application is found to be
substantially complete. If an application' is found to be incomplete, the applicant will be notified of the
deficiency and provided an opportunity to complete the application. Supplemental materials requested
in the notice of incompleteness must be received by the Trust within 15 working days following the date
that the notice o[' incompleteness is mailed to the applicant. Failure to provide any information required
in this notice will be deemed to be a request to withdraw the application from further consideration by
the Trust.
Applicants are encouraged to contact the Florida Communities Trust at (904) 922-2207 (SunCom 292-
2207) with any questions about the application form and related submissions.
FCT/P2000-1 2
FLORIDA NATURAL AREAS INVENTORY
1018 Thomasville Road, Suite 200-C · Tallahassee, Florida 32303 · (904) 224-8207
lion. W. E. Conycrs, Mayor
Sebastian City Commission
1225 Main Street A
Sebastian, FL 32958
August 8, 1991
Dear Mayor Conycrs:
I would like to emphasize-to you and Commission members the rarity and
endangerment ora native Florida habitat that you have in your midst. The "scrub"
community, which grows only on certain ancient beach sands, is certainly among the most
endangered natural community types in our state. Both subtypes or scrub, coastaland
central ridge, have been decimated in recentdeeades, princJpally by residential and
commercial development as well as by cltriculture.
Many plants and animals adapted to scrub can survive nowhere else; they require
the relatively open, deep sandy habitat and shrubby vegetational structure characteristic of
scrub. Many such species are likely candidates for future fcderal and state listlng as
threatened or endangered, while others (e.g., thc Florida scrub jay) have already been so
listed. The only effective way to protect these species, nnd hopefully to preclude such
listings, is to preserve ample amounts of native scrub habitat.
A recent study conducted by the Florida Game and Fresh Wntcr Fish Commission
concluded that Indian River County contained the best and most threatened examples of
Atlantic coastal scrub, and in particular identified a tract adjacent to the Sebastian
Municipal Airport as the preferred tract for potential preservation. The tract is known to
support a number of rare species, including the Florida scrub jay, gopher tortoise, and
Florida scrub lizard.
The state of Florida and private organizations such ns The Nature Conservancy are
working hard to protect our vanishing scrub habitats, but thc success of this effort will
depend on the efforts of local governments and regional planning councils as well. I
encourage you and the Commission to take actions to protect these jewels of natural habitat
that have been destroyed elsewhere largely for financial gain. I believe that their
preservation xvill provide your city and county with substantial long-term benefits,
financial as well as ecological, that may not be readily perceptible at first glance. If you,
your colleagues, and your local citizenry will make such a commitment, I am sure that you
will find many persons and organizations willing to assist you.
Sincerely,
Senior Zoologist
The Nature Conservancy and the Florida Depadment of Natural Resources
FLORIDA NATURAL AREAS INVENTORY
1018 Thomasville Road, Suite 200-C · Tallahassee, Florida 32303 · (904) 224-8207
Hon. W. E. Conyers, Mayor
Sebastian City Commission
1225 Main Street A
Sebastian,..FL 32958
August 22, 1991
RECEIVED .~ I'"'
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
August 12, 1991
Dale R. Jackson, Ph.D.
Senior Zoologist
Florida Natural Areas Inventory
1018 Thomasville Road, Suite 200-C
Tallahassee, Florida 32303
Dear Dale:
Thank you for the letter. I am interested as to a specific area
that you mentioned. There is a lot of land around the airport
and was hoping you could narrow it down.
Thank you for bringing this to my attention.
WEC:Js
Sincerely,
E. Con~rs
Mayor ~
FLORIDA NATURAL AREAS INVENTORY
1018 Thomasville Road, Suile 200-C · Tallahassee, Florida 32303 · (904) 224-8207
Hon. W. E. Conyers, Mayor
Sebastian City Commission
1225 Main Street A
Sebastian, FL 32958
August 22, 1991
Dear Mayor Conyers:
Enclosed is some information that may help to pinpoint the scrub mentioned in my
previous letter. It is referred to as scrub IR-I in the "Fernald report," excerpts of which
are enclosed. I do not have personal experience with this scrub but suspect that a number
of local persons do. In particular, you might contact Brian Toland at the Yero Beach office.
of thc Florida Game and Fresh Water Fish Commission (798-5095). Fernald's original maps
may be on file with that office; they are not with the Commission's office in Tallahassee,
as I checked with them on your behalf. I am not sufficiently familiar with the site to
judge whether the suggested 193 acres encompass all of the important resources. I suspect
that the protection of additional acreage, even if disturbed, would act as an important
ecological buffer to this otherwise relatively small and precarious tract.
For your background knowledge, a good bit of scrub IR-3, west of the South Prong
of the Sebastian River, is included in the Sebastian Creek CARL project, which I proposed
two years ago principally as a refuge for thc endangered manatee, although the upland
portions of the project also have ecological importance. Whether that project could be
amended to incorporate scrub IR-I is an avenue worth investigating, although without a
direct connection the probability may be reduced.
I am also enclosing a copy of an educational poster prepared by the state nongame
program; it provides a nice summary about the uniqueness and rarity of Florida scrub and
its associated biota.
I hope that these materials are helpful and that your city and .county will do their
best to protect the natural resources that make your area so unique. Please contact me
again if I can be of further assistance.
Sincerely,
Dale R. Jackson, Ph.D.
Senior Zoologist
The Nature Conservancy and the Florida Department of Natural Resources
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Pon Harsh Request Use of
Riverview Park and BSSC
Sebastian River Classic &
5-K Run - April 11, 1992
APPROVED FOR SUBMI~ BY:
City Manage~: ,~/"~,""
-
Dept. Origin City ~
Date Su~nLitted 12/12/91
For A~enda Of 12/18/91
Exhibits: Harsh Letter dated 12/10/91
EXPENDITURE AYfX3NT APPROPRIATION
REQUIRED: BUDGETED: RS~UIRED:
SUMMARY STATSb~NT
RonHarsh, c~behalf of the Sebastian River Classic Cc~nittee, is requestin~
use of RiverviewPark and Barber Street Sports Cc~plexonSaturday, April 11,
1992 for the 2ndAnnual Sebastian River Classic Auto Show, 50's Dance and 5-K
Run to benefit construction of a bandshell. The cc~nittee is also requestin~
use of ~he CAVOORP property for public and show parkin~. If approved, the
dance wouldtake place in Riverview Park from 8:00p.m. to ll:00p.m.
City Council, at its January 9, 1991 Re~ularmeetin~, approved TeensA~ainst
Boredom's use of RiverviewPark for the lstAnnual Sebas~ianRiver Classic and
5-K Run onApril 13, 1991 to benefit TAB. Mr. Harsh was advised tom e et with
staff to discuss park~of cars, to establish a raindate and tocontact the
Health Depaz°onent relative to food sales. At the February 13, 1991 Regular
meetin~ use of alcoholic beverages was denied and sign requirements were
waived to allow placement ~%ree weeks prior with the locatic~ to be
ooo~toated with thru C~IlIllkl_l~t~ Develo~nent office.
It is not apparent from the minutes that a security deposit was requ/red.
~ED ACTION
Review the request and act on ac, c~rdiz~ly.
5K RUN ° CUSTOM CAR SHOW ° RIVER ROCKIN DANCE PARTY
December 10, 1991
Mr. Robb MoClary, City Manager
City cf Sebastian
Sebastian, Florida
Dear Robbl
On behalf of the Sebastian River Classic committee, I am
requesting the uae of Riverview Park and the Barber Street
Sports Complex on April the eleventh - Saturday -for our
custom car show and S-K run events.
Although we are still in the planning stages, we expect these
events to occur, as they did last year, with the following possible
exceptions: First, we would like to hold a "fiFtys" style dance
in the pavillicn From 8 to 11 pm. A D.J. will provide the music,
and there will be no admission charge. This dance will open to
adults and supervised children over 12 years old. Food will be
provide by e concession, and we expect a group of classic cars
will be parked nearby For atmosphere.
We would also greatly appreciate the use of the newly aquired
property For both public and show car perking.
Our Fundraising efforts will be directed toward the construction
of a bandstand in the new park.
Please fell free to contact me at 589-4138 should you desire
any additional information.
~ruly,
Ron C. Harsh - Show Coordinator