HomeMy WebLinkAbout02261992 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 26, 1992 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Donald Swope - Sebastian
Presbyterian Church
4. ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89-59).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public input
* Staff Summation
* Mayor Closes Hearing
* Council Action
92.010
91.338/
92.065
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
ORDINANCE NO. O-91-21 - Airport Zoning
Regulations
2ND PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE V, SECTION 20A-5.15
OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN, RELATING TO AIRPORT HAZARDS AND USES OF
LAND IN AIRPORT VICINITIES; PROVIDING REGULATIONS
RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH IN AND AROUND THE SEBASTIAN MUNICIPAL
AIRPORT; PROVIDING FOR REGULATIONS RESTRICTING
AIRPORT LAND USE; PROHIBITING RESIDENTIAL
CONSTRUCTION WITHIN NOISE IMPACTED AREAS IN PROXIMITY
OF THE AIRPORT; PROVIDING PROCEDURES FOR GRANTING
VARIANCES; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Review 1/8/92, 1st
Reading 1/22/92, Advertised 1/4 Page 2/5/92,
Public Hearing 2/12/92, Advertised Legal Notices
12/14/92 (333.05 FS), Advertised 1/4 Page 2/19/92,
Advertised Legal Notices 12/21/92 (333.05 FS), 2nd
Public Hearing and Adoption 2/26/92)
ORDINANCE N0- 0-92-01 - Childcare Facility
Outside Recreation Area Size Requirement
2ND PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE VI OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING
TO CONDITIONAL USE CRITERIA FOR CHILD CARE
FACILITIES; AMENDING SECTION 20A-6.1.C.3.b.(6) OF THE
LAND DEVELOPMENT CODE PERTAINING TO THE MINIMUM
FENCED AREA THAT MUST BE AVAILABLE FOR USEABLE
OUTDOOR RECREATION PURPOSES AT A CHILD CARE FACILITY;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CiTY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. (lst Reading 1/22/92,
Advertised 1/4 Page 2/5/92, 1st Public Hearing
2/12/92, Advertised 1/4 Page 2/19/92, 2nd Public
Hearing and Adoption 2/26/92)
92.064/
91.043
92.025
92.066
ORDINANCE NO. 0-92-04 - Repealing Ordinance No.
0-91-31 Charter Revisions Re: Elections -
Removing Question from 3/10/92 Ballot
PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, REVOKING AND REPEALING ORDINANCE NO.
0-91-31; DIRECTING THAT THE REFERENDUM QUESTION
ESTABLISHED BY ORDINANCE NO. 0-91-31 NOT BE PLACED ON
THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. (lst
Reading 2/12/92, Advertised Legal Notices 2/14/92,
Public Hearing and Adoption 2/26/92)
RESOLUTION NO. R-92-06 - Electing to Use Uniform
Method of Collecting Non-Ad Valorem Special
Assessments - Stormwater Management Project
PUBLIC HEARING AND ADOPTION
A RESOLUTION OF THE CITY CITY COUNCIL OF THE
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ELECTING TO
USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM
SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED
AREA OF THE CITY; STATING A NEED FOR SUCH LEVY;
PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE. (Review 1/22/92,
Advertised Legal Notices 1/29/92, 2/5/92, 2/12/92,
2/19/92, Public Hearing and Adoption 2/26/92)
PUBLIC INPUT ON AGENDA ITEMS
CONSENT AGENDA
A. Approval of Minutes - 2/12/92 Regular Meeting
B. RESOLUTION NO. R-92-09 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE WEST 5 FEET OF LOT
12 AND THE EAST FIVE FEET OF LOT 13, BLOCK 32, UNiT
1, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 5-15, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AND
EFFECTIVE DATE.
3
92.067 C. RESOLUTION NO. R-92-12 - ~bandonment of Easement
92.048
92.068
10.
92.069/
91.163
11.
12.
13.
14.
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE SOUTH 5 FEET OF
LOT 5, AND THE NORTH 5 FEET OF LOT 4, BLOCK 1, UNIT
1, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBi 5-14, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AND
EFFECTIVE DATE.
Schumann Park Playground Slide Purchase - Waive
Bidding Procedure - Dominica Recreation - $4,800
- Installation by Public Works Department (Staff
Recommendation dated 2/19/92, City Engineer Memo
dated 2/4/92)
Golf Course Truck Purchase - Waive Bidding
Procedure - 1992 Chevy 1500 1/2 Ton Pickup -
Jerry Hamm Chevrolet of Jacksonville - 89,975
(Staff Recommendation dated 2/20/92, GC
Superintendent Memo dated 2/20/92)
PRESENTATIONS
Kimley-Horn - Traffic Circulation Study
Presentation (Staff Recommendation dated 2/20/92,
Kimley-Horn Memo dated 2/12/92, Traffic
Circulation Map Under Separate Cover)
MAYOR'S MATTERS
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
4
92.070
16.
92.024
92.046
92.071/
90.272
17.
92.009/
91.194
15. COMMITTEE REPORTS/RECOMMENDATIONS
18.
A. Code Enforcement Board
Reappoint Joan Kostenbader for Additional
Three Year Term to 3/95 - Resident Position
(Staff Recommendation dated 2/20/92,
Kostenbader Letter dated 1/14/92, Committee
List, Price and Golembeski Applications)
OLD BUSINESS
Laconia Street improvements - Sebastian Lakes -
Verbal Report (No Backup)
Laconia Street - FPL Power Line Relocation (Staff
Recommendation dated 2/19/92, City Engineer Map
dated 2/19/92, Map)
Point-O-Woods Subdivision - Acceptance of
Perpetual Maintenance of Streets and Drainage -
Direct City Attorney to Draft Resolution (Staff
Recommendation dated 2/20/92, Mosby Letter dated
10/11/90)
NEW BUSINESS
Award Exclusive Residential Refuse Collection
Franchise to St. Lucie Waste Services - Direct
Staff to Prepare Proper Documents to Effect
Implementation of the Award (Staff Recommendation
dated 2/20/92, Franchise Fees Analysis, Bid
Tabulation)
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)
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.)
5
2/26/92 PUBLIC HEARING SIGNUP SHEET
92.010 A.
ORDINANCE NO. 0-91-21 - Airport Zoning
Regulations
2ND PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING ARTICLE V, SECTION 20A-5.15 OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, RELATING TO
AIRPORT HAZARDS AND USES OF LAND IN AIRPORT VICINITIES;
PROVIDING REGULATIONS RESTRICTING THE HEIGHT OF STRUCTURES
AND OBJECTS OF NATURAL GROWTH IN AND AROUND THE SEBASTIAN
MUNICIPAL AIRPORT; PROVIDING FOR REGULATIONS RESTRICTING
AIRPORT LAND USE; PROHIBITING RESIDENTIAL CONSTRUCTION
WITHIN NOISE IMPACTED AREAS IN PROXIMITY OF THE AIRPORT;
PROVIDING PROCEDURES FOR GRANTING VARIANCES; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (Review 1/8/92, 1st
Reading 1/22/92, Advertised 1/4 Page 2/5/92, 1st
Public Hearing 2/12/92, Advertised Legal Ads 2/14/92,
Adverstised 1/4 Page 2/19/92)
:
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2/26/92 PUBLIC HEARING SIGNUP SHEET
91.338/
92.065
ORDINANCE NO. 0-92-01 - Childcare Facility
Outside Recreation Area Size Requirement
2ND PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING ARTICLE VI OF THE LAND DEVELOPMENT CODE OF
THE CITY OF SEBASTIAN PERTAINING TO CONDITIONAL USE CRITERIA
FOR CHILD CARE FACILITIES; AMENDING SECTION 20A-
6.1.C.3.b.(6) OF THE LAND DEVELOPMENT CODE PERTAINING TO THE
MINIMUM FENCED AREA THAT MUST BE AVAILABLE FOR USEABLE
OUTDOOR RECREATION PURPOSES AT A CHILD CARE FACILITY;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (lst
Reading 1/22/92, Advertised 1/4 Page 2/5/92, 1st Public
Hearing 2/12/92, Advertised 1/4 Page 2/19/92, 2nd Public
Hearing and Adoption 2/26/92)
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FEBRUARY 26, 1992 REGULAR COUNCIL MEETING
PUBLIC INPUT ON AGENDA ITEMS
SIGNUP SHEET
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 26, 1992 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Mayor Conyers called the meeting to order at 7:00
p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Reverend Donald Swope,
Sebastian Presbyterian Church
4. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Peter Holyk
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman George Reid
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Finance Director, Mike Hudkins
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
February 26, 1992
Page Two
92.010
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89-59).
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
None.
PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
ORDINANCE NO. 0-91-21 - Airport Zoning
Regulations
2ND PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE V, SECTION 20A-5.15
OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN, RELATING TO AIRPORT HAZARDS AND USES OF
LAND IN AIRPORT VICINITIES; PROVIDING REGULATIONS
RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH IN AND AROUND THE SEBASTIAN MUNICIPAL
AIRPORT; PROVIDING FOR REGULATIONS RESTRICTING
AIRPORT LAND USE; PROHIBITING RESIDENTIAL
CONSTRUCTION WITHIN NOISE IMPACTED AREAS iN PROXIMITY
OF THE AIRPORT; PROVIDING PROCEDURES FOR GRANTING
VARIANCES; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
Regular City Council Meeting
February 26, 1992
Page Three
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Review 1/8/92, 1st
Reading 1/22/92, Advertised 1/4 Page 2/5/92, 1st
Public Hearing 2/12/92, Advertised Legal Notices
12/14/92 (333.05 FS), Advertised 1/4 Page 2/19/92,
Advertised Legal Notices 12/21/92 (333.05 FS), 2nd
Public Hearing and Adoption 2/26/92)
Mayor Conyers opened the public hearing at 7:02 p.m.
and the City Attorney read Ordinance No. 0-91-21 by
title only.
Richard A. Smith, 13895 Indian River Drive,
Sebastian, read two letters for the record 1) on
behalf of Yelen and Yelen, P.A., representing Alan
Feig and 2) from Peter Jones representing St.
Sebastian PUD, relative to possible detrimental
economic impact to ad3acent property owners and
submitted them to the City Clerk. (see attached)
The City Attorney inquired as to whether Mr. Smith
had specifics on detrimental economic impacts and Mr.
Smith responded that he was merely authorized to read
the letters into the record.
The Director of Community Development explained
the states' mandates for this amendment and clarified
Indian River County's proposed ordinance relative to
overflight zone restrictions. The City Manager
stated that the county's ordinance will affect
properties in the unincorporated areas adjacent to
the Sebastian Municipal Airport.
MOTION by Oberbeck/Reid
I would move for adoption of Ordinance No. O-91-
21 airport zoning regulations.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
3
Regular City Council Meeting
February 26, 1992
Page Four
91.338/ B.
92.065
ORDINANCE NO. O-92-01 - Childcare Facility
Outside Recreation Area S~ze Requirement
2ND PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE VI OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING
TO CONDITIONAL USE CRITERIA FOR CHILD CARE
FACILITIES; AMENDING SECTION 20A-6.1.C.3.b.(6) OF THE
LAND DEVELOPMENT CODE PERTAINING TO THE MINIMUM
FENCED AREA THAT MUST BE AVAILABLE FOR USEABLE
OUTDOOR RECREATION PURPOSES AT A CHILD CARE FACILITY;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILiTY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. (lst Reading 1/22/92,
Advertised 1/4 Page 2/5/92, 1st Public Hearing
2/12/92, Advertised 1/4 Page 2/19/92, 2nd Public
Hearing and Adoption 2/26/92)
Mayor Conyers opened the public hearing at 7:17 p.m.
and the City Attorney read Ordinance No. O-92-01 by
title only.
A1Vilardi, 445 Georgia Boulevard, Sebastian,
objected to the amendment.
Kelly Gross, 106 Indian Drive, Sebastian, concurred
with the amendment.
John Dean, representing the Learning Nest,
distributed letters to the City Council and read
excerpts of those letters, urging support for the
amendment. (see attached)
Kathryn Marshall, 1330 White Heron Lane, Pre-K
Coordinator Indian River County, supported the
amendment.
Pat Lundell, 1140 49th Avenue, Vero Beach, co-owner
Learning Nest, supported the amendment.
Chet Tokar, 111Hinchman Avenue, Sebastian, objected
to the amendment.
4
Regular City Council Meeting
February 26, 1992
Page Five
Michael Bolton, 834 Gilbert Street, Sebastian,
supported the amendment.
Mayor Conyers closed the public hearing at 7:44 p.m.
TAPE I - SIDE II
Following a brief Council discussion, motion was made
as follows:
MOTION by Oberbeck/Powell
I would move for the approval of Ordinance No. 0-
92-01.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
92.064/
91.043
ORDINANCE NO. 0-92-04 - Repealing Ordinance No.
0-91-31 Charter Revisions Re: Elections -
Removing Question from 3/10/92 Ballot
PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, REVOKING AND REPEALING ORDINANCE NO.
0-91-31; DIRECTING THAT THE REFERENDUM QUESTION
ESTABLISHED BY ORDINANCE NO. 0-91-31 NOT BE PLACED ON
THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. (lst
Reading 2/12/92, Advertised Legal Notices 2/14/92,
Public Hearing and Adoption 2/26/92)
Mayor Conyers opened the public hearing at 7:51 p.m.,
the City Attorney read Ordinance No. 0-92-04 by
title only and, being no input, the Mayor closed the
public hearing.
In response to the City Attorney, who had been
requested to give a legal opinion on whether the
severability clause could have been used, the City
Clerk stated that the referendum question had already
been stricken from the ballot by the Supervisor of
Elections and, based on that input, the City Attorney
recommended adoption of this ordinance.
5
Regular City Council Meeting
February 26, 1992
Page Six
92.025
MOTION by Powell/Oberbeck
I move we approve Ordinance No. 0-92-04.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
RESOLUTION NO. R-92-06 - Electing to Use Uniform
Method of Collecting Non-Ad Valorem Special
Assessments - Stormwater Management Project
PUBLIC HEARING AND ADOPTION
A RESOLUTION OF THE CITY CITY COUNCIL OF THE
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ELECTING TO
USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM
SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED
AREA OF THE CITY; STATING A NEED FOR SUCH LEVY;
PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE. (Review 1/22/92,
Advertised Legal Notices 1/29/92, 2/5/92, 2/12/92,
2/19/92, Public Hearing and Adoption 2/26/92)
Mayor Conyers opened the public hearing at 7:54 p.m.
and the City Attorney read Resolution No. R-92-06 by
title only.
The City Attorney advised that this resolution only
states the city's intent to use this method for
establishing a stormwater utility on a fee basis
based on use.
Mayor Conyers closed the public hearing at 7:58 p.m.
Following a brief discussion, motion was made as
follows:
MOTION by Holyk/Reid
I would move that we accept the second public
hearing and adopt Resolution No. R-92-06.
6
Regular City Council Meeting
February 26, 1992
Page Seven
92.066
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Mayor Conyers called recess at 8:03 p.m. and
reconvened the meeting at 8:12 p.m. Ail members were
present.
8. PUBLIC INPUT ON AGENDA ITEMS
A1Vilardi, 445 Georgia Boulevard, Sebastian,
addressed item 92.009 - refuse collection; Keith
Miller, 961 Riviera Avenue, Sebastian, addressed item
92.009 - refuse collection; Carolyn Corum, 881
Dolores Street, Sebastian, addressed items 92.009 -
refuse collection and 92.048 - Schumann Park slide.
9. CONSENT AGENDA
A. Approval of Minutes - 2/12/92 Regular Meeting
B. RESOLUTION NO. R-92-09 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE WEST 5 FEET OF LOT
12 AND THE EAST FIVE FEET OF LOT 13, BLOCK 32, UNIT
1, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 5-15, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AND
EFFECTIVE DATE.
7
Regular City Council Meeting
February 26, 1992
Page Eight
92.067
92.048
92.068
C. RESOLUTION NO. R-92-12 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE SOUTH 5 FEET OF
LOT 5, AND THE NORTH 5 FEET OF LOT 4, BLOCK 1, UNIT
1, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 5-14, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AND
EFFECTIVE DATE.
Schumann Park Playground Slide Purchase - Waive
Bidding Procedure - Dominica Recreation - $4,800
- Installation by Public Works Department (Staff
Recommendation dated 2/19/92, City Engineer Memo
dated 2/4/92)
Golf Course Truck Purchase - Waive Bidding
Procedure - 1992 Chevy 1500 1/2 Ton Pickup -
Jerry Hamm Chevrolet of Jacksonville - $9,975
(Staff Recommendation dated 2/20/92, GC
Superintendent Memo dated 2/20/92)
Mayor Conyers read the consent agenda in its entirety
including resolution titles.
Vice Mayor Oberbeck removed items C and E for
discussion.
MOTION by Oberbeck/Holyk
I move to approve items A, B and D of the consent
agenda.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Item C
In response to Vice Mayor Oberbeck's inquiry, it was
noted that authority from the property owner to allow
Ralph Evans to act as agent for the abandonment was
in the file.
8
Regular City Council Meeting
February 26, 1992
Page Nine
MOTION by Oberbeck/Holyk
I would move that we approve item C since staff
has the document on file.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor 0berbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Item E
Vice Mayor Oberbeck inquired whether the vehicle must
be purchased with the radio and air conditioner as
part of the package.
MOTION by Oberbeck/Powell
I would now move that we proceed to purchase this
truck on the basis of the base cost along with the
bed liner, spare tire and frame and should we not
be able to purchase it in that particular package
that it be brought back to Council at a later date.
The City Manager responding to input by Councilman
Holyk recommended that he approach Crime Stoppers to
bring this vandalism to the public's attention.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
10. PRESENTATIONS
92.069/
91.163
Kimley-Horn - Traffic Circulation Study
Presentation--(Staff Recommendation dated 2/20/92,
Kimley-Horn Memo dated 2/12/92, Traffic
Circulation Map Under Separate Cover)
Steve Godfrey, Kimley-Horn, gave a brief background
and presented an update on the Master Transportation
Study.
Regular City Council Meeting
February 26, 1992
Page Ten
11.
12.
TAPE II-SIDE I
Mr. Godfrey outlined problem areas and stated that
his firm will be back before Council for two public
meetings, the first in the latter part of March and
the second approximately one month later. He said
that documentation and exhibits will be provided
prior to the public meetings.
Vice Mayor Oberbeck was excused from 9:08 p.m. to
9:10 p.m.
MAYOR'S MATTERS
None.
COUNCIL MATTERS
A. Vice Mayor Oberbeck
Vice Mayor Oberbeck inquired whether a staff member
was attending the Florida Atlantic University seminar
on utilities; inquired whether staff had informed the
DCA regarding the city initiating its own water and
sewer systems; requested an update on Elkcam Waterway
Dam; with the concurrence of Council, directed the
City Attorney to review and attempt to recover costs
if the city is exonerated relative to an EEOC action
taken by a city employee; and announced the benefit
for Brian Curbow at Riverview Park on February 29,
1992 from 11:00 a.m. to 4:00 p.m.
In response, the City Manager said a staff member
would attend the seminar; the Director of Community
Development said he had contacted DCA and was
informed that City was following the correct
procedure; the City Attorney said GDC had been
requested to supply the city with admission of
liability and the name of its carrier and had not
responded. The City Attorney was requested to send a
registered letter to GDC.
10
13.
B. Councilman Holyk
Councilman Ho!yk advised public officials not to make
statements which may leave them open to criticism;
stated that public officials or candidates be
cognizant of the fact that they must show a
leadership role; urged people to take more interest
in government; and recommended that public officials
be aware of the difference between majority public
opinion and input from a vocal minority when making
decisions.
C. Councilman Powell
Councilman Powell inquired as to what procedures
staff was directed to follow relative to a proposed
Federal Records Depository and the City Manager said
staff was not directed to negotiate for real
property; inquired and was informed that staff would
look into placement of a sign recognizing the Little
League All-Star District Champions; and announced
that the AARP was working with TAB for shared use of
the Teen Center.
Vice Mayor Oberbeck inquired and was informed that
the closing on the GDC properties would take place on
March 2, 1992.
TAPE II - SIDE II
D. Councilman Reid
Councilman Reid, citing answers at a candidates'
debate to the question "what do you get for your tax
dollars?", listed numerous benefits of living in
Sebastian.
CITY ATTORNEY MATTERS
The City Attorney said the security alarm ordinance
would be presented at the March 11, 1992 meeting and
advised Council that when rezoning real property they
act in a quasi-judicial and not legislative capacity
and warned them not to be lobbied or to discuss the
issue with anyone.
14. CITY MANAGER MATTERS
Councilman Powell was excused from 9:40 p.m. to 9:41
p.m.
11
Regular City Council Meeting
February 26, 1992
Page Twelve
92.070
92.024
92.046
15.
The City Council, by consensus and at the
recommendation of the City Manager, cancelled the
March 4, 1992 workshop. (Councilman Powell was
absent during this poll)
COMMITTEE REPORTS/RECOMMENDATIONS
A. Code Enforcement Board
Reappoint Joan Kostenbader for Additional
Three Year Term to 3/95 - Resident Position
(Staff Recommendation dated 2/20/92,
Kostenbader Letter dated 1/14/92, Committee
List, Price and Golembeski Applications)
MOTION by Holyk/Oberbeck
I move we reappoint Joan Kostenbader for an
additional three year term to 3/95 resident position
to Code Enforcement Board.
Vice Mayor Oberbeck recommended that the other
applicants be reviewed by the Construction Board.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
16. OLD BUSINESS
Laconia Street Improvements - Sebastian Lakes -
Verbal Report (No Backup)
The Director of Community Development said an
agreement will be presented to Council at the March
11, 1992 regular meeting.
Laconia Street - FPL Power Line Relocation (Staff
Recommendation dated 2/19/92, Cit~ Engineer Map
dated 2/19/92, Map)
The City Engineer presented an overhead exhibit
displaying a recommended alternative for powerline
relocation.
Regular City Council Meeting
February 26, 1992
Page Thirteen
92.071/
90.272
17.
92.009/
91.194
Bob Lloyd, External Affairs Manager, FPL Treasure
Coast region, concurred with the alternative and, in
light of lessons learned, expressed a commitment to
better coordinate with the city in the future.
Council concurred with the recommended relocation and
staff was directed to proceed as indicated.
Point-O-Woods Subdivision - Acceptance of
Perpetual Maintenance of S~reets and Dra-~nage -
Direct ~ Attorney t__o Draft Resolution (Staff
Recommendation dated 2/20/92, Mosby Letter dated
10/11/90)
Following a brief discussion and input from Attorney
Rene Van de Voorde, Point-O-Woods property owners'
representative, Council concurred that when all
conditions are met as stated in the staff
recommendation dated February 20, 1992, the City
Attorney be directed to draft a resolution for
Council approval.
Attorney Van de Voorde requested that staff transmit
any communications with residents to his office.
NEW BUSINESS
Award Exclusive Residential Refuse Collection
Franchise to St. Lucie Waste Services - Direct
Staff to Prepare Proper Documents to Effect
Implementation of the Award (Staff Recommendation
dated 2/20/92, Franchise Fees Analysis, Bid
Tabulation)
Peter Jurgel, General Manager, Harris Sanitation,
gave a background of his firm's service to the City
and urged further review of St. Lucie Waste Services
prior to approval.
The Finance Director, following a brief presentation
regarding the bidding process and implementation of a
franchise fee, recommended awarding the exclusive
franchise to the low bidder, St. Lucie Waste
Services, subject to favorable staff review of
operations equipment, financial ability and
references.
TAPE III - SIDE I
13
Regular City Council Meeting
February 26, 1992
Page Fourteen
18.
19.
Vice Mayor Oberbeck presented newspaper articles and
documents regarding IWS service, requested that they
be copied to Council and requested further review.
Leo Cordero, Regional Manager, St. Lucie Waste
Services, addressed Council.
MOTION by Holyk/Reid
I'd go ahead and move that we award the bid to
St. Lucie Waste Services pending a favorable review
by our staff.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
MOTION by Oberbeck/Powell
I would move that if and when a contract is
approved that we include the franchise fee.
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
MOTION CARRIED 5-0.
aye
aye
aye
aye
aye
iNTRODUCTION O._~F BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
Edra Young, 1151Clearmont Street, Sebastian,
addressed Mayor Conyers relative to debate questions
and urged further work on a Federal Records
Depository.
Being no further business, Mayor Conyers adjourned
the meeting at 10:26 p.m.
14
Regular City Council Meeting
February 26, 1992
Page Fifteen
~,/~.s./co ye ~, ~,yor
Kathry~-M~ O'Halloran}' City 'Clerk
Richard A. Smith
13895 North Indian River Drive
Sebastian, Florida
32958-3463
(407) 589-8210
February 26, 1992
City Council
City of Sebastian
Sebastian, Florida
PUBLIC INPUT REGARDING PROPOSED ORDINANCE 0-91-21
For the representative of the Owners of parcels of land adjacent
to the Sebastian Municipal Airport (Roseland Satellite Field Tracts
numbers 2 and 3)
Dear Council,
On behalf of the representative of Allen Feig, et. al., Owners of the two major
parcels of land, comprising a total of nearly 300 acres, adjacent to the Sebastian
Municipal Airport, and referred to as Roseland Satellite Field Tracts #2 and #3,
this is to formally notify you and the public record that the Owners oppose the
adoption of the City's proposed Ordinance 0-91-21, as currently drafted.
It is believed that the adoption of the subject Ordinance, as drafted would have a
demonstrably adverse economic impact on these properties.
Futher, we point out that such adverse impact could be mitigated to a great extent
or perhaps avoided altogether by taking into account the results of a noise study
performed in accordance with Section 333.03(2)(c) of the Florida Statutes.
Prelhninary field studies, of which you are aware, indicate the results of such a
study would place the requisite outer noise contour in a locus much less restrictive
than the currently proposed limits as set forth in the proposed Ordinance.
It is therefore respectfully requested that the City redraft its proposed Ordinance 0-
91-21 to take into account a noise study performed in compliance with Section
· 333.03(2)(c) of the Florida Statutes and which takes into account also the City's
Airport Compatibility Study, which is now in progress.
We agree with the position of another adjacent landowner that there is a far less
arbitrary and less restrictive means to accomplish government objectives in this
case.
On behalf of Yelen & Yelen, P.A.,
Richard ~. Smith
Peter W. Jones, P.A.
1627 U.S. Highway One
Sebasl:ian, Florida 32958
407/388-1983
407/589-6165 FFLX
AR 0013214
February 26, 1992
Ms. Kathryn M. O'Halloran, City Clerk
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
PRESENTATION OF FORMAL INPUT AT
SECOND PUBLIC HEARING REGARDING
PROPOSED ORDINANCE NO. 0-91-21
Dear Ms. O'Halloran:
This letter is to formally authorize Mr. Richard A.
Smith to read and submit on behalf of my office,
for public record purposes, the accompanying letter
and related attachments regarding the subject
proposed Ordinance 0-91-21 as it applies to the
Saint Sebastian Planned Unit Development.
I do so because other commitments prevent me from
personally attending the Second Public Hearing this
evening.
Thank you.
Sincerely and on behalf of,
SAINT SEBASTIAN PLANNED UNIT DEVELOPMENT
Peter W. Jones
Project Planner
DEVELOPMENT
PLANNING
ARCHITECTURE
URBAN DESIGN
Peter W. Jones, P.A.
1627 U.S, Highway One
Sebasl:lan, Florida 3S~9S8
407/388-1983
407/S89-6165 FFIX
AR 0013214
February 26, 1992
City Council
City of Sebastian, Florida
SAINT SEBASTIAN PLANNED UNIT DEVELOPMENT
- ADDITIONAL INPUT REGARDING PROPOSED
ORDINANCE 0-91-21
Dear Council:
On behalf of the owner of Saint Sebastian Planned
Unit Development this is to formally provide, for
record and informational purposes, additional input
regarding the City's proposed Ordinance 0-91-21.
We continue to be concerned that adoption of this
ordinance would incur significant additional costs
to the Saint Sebastian P.U.D. as well as diminish
its economic viability.
Our position remains essentially the same as
previously stated to you in the First Public
Hearing on this ordinance held two weeks ago on
February 12, 1992; i.e., there is a far less
arbitrary and less restrictive way to accomplish
governmental objectives in this case.
To further substantiate our position, we have
performed additional field survey work and a review
of pertinent governmental and regulatory
information. Our most recent findings, based on
our Work done since the First Public Hearing on
February 12th, are outlined in a letter to City
Staff dated February 25, 1992. We herewith attach
a copy of that letter and request its contents be
incorporated here by reference.
Again we point out that we will be supportive of
any outcome in this matter that serves the best
interests of the City and the surrounding area
without undue threat or cost to the Saint Sebastian
P.U.D. project and property interests.
DEVELOPMENT
PLANNING
ARCHITECTURE
URBAN DESIGN
Sincerely and on behalf of,
Peter W. Jones, Project Planner
w/ attachments
Peter W. Jones, P.A.
1627 U.S. Highway One
Sebastian, Florida 329S8
407/'588-198]~
407/589-6165 FFIX
AR 001~214
February 25, 1992
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RE:
SAINT SEBASTIAN PLANNED UNIT DEVELOPMENT
- ADDITIONAL INPUT REGARDING PROPOSED
ORDINANCE 0-91-21
Dear Bruce,
On behalf.of the owner of Saint Sebastian Planned
Unit Development we have conducted our own
preliminary noise study at the Sebastian Municipal
Airport in an effort to further determine whether
a formal noise study pursuant to 14 C.F.R. Part ~50
is likely to place a requisite outer noise contour
within the boundaries of the subject property.
On Monday and Tuesday of this week, February 24
and 25, we used a hand-held sound level meter
to measure.background noise levels and related
noise levels of a number of airport take-offs,
flyovers, and landings at various points along the
boundaries of the subject property and from points
on airport property.
We also further reviewed the following regulatory
information from various governmental entities:
a)
The current draft of the City's proposed
Ordinance 0-91-21;
b) Chapter 333 of Florida Statutes regarding
Airport Zoning;
c)
14 C.F.R. (Code of Federal Regulations) Part
150 and APpendix A to Part 150; and
d)
An Advisory Circular regarding Airport Master
Plans published by the U.S. Department of
Transportation, Federal Aviation
Administration.
DEVELOPMENT
PLFINNING
ARCHITECTURE
URBAN DESIGN
February 25, 1992
Page 2 of 3
Peter W. Jones, P.A.
Our findings to date clearly indicate that a
a noise study conducted in accordance with
Section 333.03 (2)(c) of Florida Statutes and with
14 C.F.R. Part 150 will very likely define a
requisite .outer noise contour that will not
encroach on the subject property nearly as much as
the restrictive lines to be established by the
City's proposed Ordinance 0-91-21.
This, in our opinion, further substantiates our
position, previously stated to you in our letter
and accompanying attachments of February 12, 1992,
that "there is a less arbitrary and less
restrictive way to accomplish governmental
objectives in this case."
We therefore re-state and confirm our position, for
your information and for record purposes, that:
1)
Adoption of the City's Proposed Ordinance
0-91-21 as currently drafted will result in
additional cost and a decrease in economic
viability to the subject property and project;
2)
Section 333.03 (2) (c) of Florida Statutes
provides .for a way to accomplish governmental
objectives in this case which would result in a
far less arbitrary and less restrictive outcome
for adjacent landowners; and
3)
If proposed Ordinance 0-91-21 is adopted as
currently drafted, the owners of Saint
Sebastian P.U.D. will file appropriate
appeal(s) and/or actively seek appropriate
compensation for any resulting costs and/or
decrease in the economic viability of the
property and project.
We respectfully suggest that the proposed ordinance
be re-drafted to take into account the findings of
a noise level study pursuant to Section 333.03 (2)
(c) as well as the findings of the City's Airport
Compatibility Study which is currently in progress.
February 25, 1992
Page 3 of 3
Peter W. Jones, P.A.
We, of course, remain available to further discuss
any aspects of this matter with City Staff-at any
time. We'do so in a continuing effort to determine
how best to mitigate the .impact of the proposed
Ordinance on the Saint Sebastian P.U.D.
As you~know, we will be supportive of.any outcome
that serves the best interests of the City and the
surrounding area without undue threat or cost to
our project 'and property interests.
Sincerely and on behalf of,
SAINT SEBASTIAN PLANNED UNIT DEVELOPMENT
Peter W. Jones
Project Planner
john h. dean architect & associates, p. a., a. i. a.
February 26, 1992
To:
Subject:
City Council, City of Sebastian
Comment On Ordinance No. 0-92-01
City Council Meeting February 26, 1992
The Leaming Nest supports the proposed code change as writtan in ordinance number 0-92-O1.
We would like to go on record as feeling the recommended change Is adequate, reasonable and not
arbitrary. It is in keeping with the intent of keeping Sebastian standards high and above the minimum
state required code without being arbitrary.
We feel that it provides a playground area which is both adequate and safe for use by children, and
controlled by supervision. The suggested code change does not In any way restrict the creativity with
which an outdoor recreation area would be designed, which we further support.
We would like to note for the record that your new ordinance still provides an outdoor recreation area
requirement which is twice the required size of that used In the City of Ft. Pierce, SL Lucia County, Indian
River County, the City of Vero Beach and the state guidelines.
This new standard is not arbitrary, as is the existing Sebastian requirement, which requires six times the
area required by the state and all surrounding communities.
The proposed new standard is now reasonably above the state-approved minimum requirement and
sets a regulation which does make needed daycare facilities more feasible to own and run.
We would like to further stress the understanding that a minimum recreational outdoor area is based on
reasonable use. We do not regulate bathrooms as if everyone has to use bathrooms at one time. If we
did, you would require 50 toile{s if you had 50 students. The recreational outdoor space is based by the
state and by reason of the fact that a majority of the time the recreational outdoor space is used by just a
portion of the daycare students.
In the past public meeting, there has been concern that the proposed playground change Is a down
zoning measure. This change in code regulation is not and has nothing to do with down zoning. In
residential areas, child care services remain conditional uses so that the Planning Department and
Planning and Zoning Board can review each child care facility on an individual basis.
In my discussions with Mr. John Crispi, who is the HRS Daycare Ucense Counselor for Indian River
County and part of Ft. Pierce, I was told:
1. The present chlldcare outside playground area regulations were implemented by legislative law
in 1977.
"Unle.~ the Lord build the house th~. labor in vain tltat build it," PS. 127
2223 10th Avenue, Vero Beach, Florida 32960 · (407) 567-4907
2. The regulations were established by professional studies approved by the State of [florida.
3. The criteria is established on the fact that the playground is not used by all the children in a
school at one time.
4. There are no plans to increase the minimum standard for outdoor recreational playground areas
in the State of Florida.
In conclusion, we feel that the proposed ordinance before you is both a responsive end responsible
ordinance. It is responsive to a regulation which is in need of change. It is responsive t.o the
presentation and public input before the Planning and Zoning Board (which voted in favor of this
ordinance), the Board of Adjustment meelJng, and the City Council. Further, it comes to you with the
endorsement of the City Planning staff. It is responsive and responsible to a community which needs to
have child care facilities. It is responsible in that it deals fairly with state standards and is compatible with
district standards. It is responsible in that it requires adequate recreational area for the needs of the
children who will play in these areas. Finally, it is responsible in that the ordinance change, as It stands,
is the product of our democratic process at work. It does reflect responsible government based on sound
logic, reasoning end is responsive to community needs and further reflects an attitude of cooperation and
compatibility with the state.
Attached you will lind the following:
Letter - Dennis Ragsdale, Planning Director, City of Vero Beach
Letter - John W. McCoy, Staff Planner, Indian River County
Letter - Kathryn T. Marshall, Prekindergarten Coordinator, School District of Indian River County
Letter - Charles W. Sembler II, Florida House of Representatives
Letter - Patsy Ann Kurlh, Senator, State of Florida
Letter - Claudia McNulty, Director of Elementary Programs, School District of Indian River County
If you have any further questions, please call.
Sincerely,
joh h. ; een, ~ch tect
~,~ .... Re~resenting The Learning Nest
jhd/Im
Attachments
lelephone: (a07) 567-8000
November 20, 1991
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Veto Beach, Florida 32960
John Dean
2223 10th. Avenue
Veto Beach, Florida 32960
Suncom Telephone: 224-1011
RE: County child Care Recreation Area Requirements
Dear John:
Please be advised that until September of 1990, the county land
development regulations (LDRs) required child care facilities to
provide outdoor recreation area(s) meeting or exceeding the
following standards:
a fenced area of not less tan 2,000 square feet shall be
provided for the first 20 children; and
150 square feet shall be provided for each additional child
over the 20 child threshold.
''In September 1990, county planning staff recommended, and the Board
of County Commissioners approved, changes to the LDRs which
included elimination of all local child care recreation standards.
In planning staff's opinion, county staff could not Justify
requiring higher standards than the state standards. In actually
applying the old county standards to some tentative child care
proposals within the more urbanized area of the county, staff found
those standards to be excessive.
In staff'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 facilities.
If you should have any questions regarding this matter, please do
not hesitate to contact me at (407) 567-8000, extension 242.
Since/ely, .
John W. McCoy
Staff Planner, Current Development
u\c\J\John.dean
PLANNING
City of Veto Beach
10.53 - 2Otb PLACE- P O. BOX 1389
VERO BEACH, FLORIDA ~ 3296I.I389
Tdephone : (407) 567-51.51
FAX: (407) .569-0130
November ~9, ~9~
91-2804
Hr. John Dean
2223 lOth Avenue
Veto Beach, FL 32960
Dear John:
This Is In response to your letter of November 18, 1991, relative to Veto
Beach reclulrements for recreation areas for child care centers.
The Veto Beach Code does not Include regulations for the size of recreation
areas for child care centers. The City reclulres that .any development
proved must also meet any applicable state or federal regulations. The
Department of Health and Rehabilitative Services regulates the size of recrea-
tion areas for child care centers.
There are several reasons for using the HRS standards:
To eliminate a dual review process for the same requirement.
To avoid sett.lng an arbitrary standard without a sound basis for
the standard. Further, If the standard the City set were different
than the HRS standard, then substantial Justification would be
necessary. We understand that we may be more restrictive than the
state standards; however, we must appropriately Justify the stricter
regulation.
The HRS licenses and permits day care facilities and apparently has
a sound basis for the space requirements. ! am not aware of any
successful challenges to the HRS standard.
The Comprehensive Planning legislation In Florida 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 Increase development costs, if the City 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 office.
w
Slncerely~ '
De~nls Ragsda'le
Planning Director
DR:gkb *
Pr.ek[nderiarten F. arly Intervention Pro,ram
School District of Indian River County
I I l 0 ISth Avenue S.W.
Yero Beach. Florida 32962
407-569-97~5
November 20. 1991
Dear Sirs.
I am writing in behalf of the Learning Nest Preschool in Sebastian.
For the past three years the Indian River County School Board has
contracted Prekindergarten Early Intervention students with the
Learning Nest. As coordinator of this pro, ram. it is my responsibility
to assure the qualiW of our contracted programs meet the standards
set by the state and the county.
Several of the teachers at the Learning Nest have received additional
training through our program. They have taken this training and put
it into immediate action in their classrooms. Although some teachers
would stop there, at the Learning Nest we have seen a desire to
continue learning and improving that is unmatched by most of our
contracted sites. This is greatly due to the support and guidance
offered by the two owners of the Learning Nest.
The city of Sebastian is fortunate to have this quality
daycare/preschool in their community. The Learning Nest should be
encouraged to expand with their new site, so that more parents and
families would have the opportunity and peace of mind to place their
children in what I consider to be one of the best preschools in the
county.
i~. In regards to the issue of more playground space, it is important to
keep some of the following information in mind. First the Learning'
Nest will be providing more space than what is mandated by HRS.
Preschools rarely, if ever, have all their students on the playground
at one time, and schools do arrange schedules so that only one or two
classes are on the playground during any given time period. Some of
the students at the Learning Nest will be infants and toddlers who do
not use a,playground in the same exuberant manner u a three or
four year old.
The latest census clearly shows Sebnstinn to be a fast growing
community. As more and more families settle in your city, it
important to h~e qu~ity day cn~-e available. The Learning Nest is
doing a wonderful job in the less than adequate space they now
have. It is exciting to see a preschool of this caliber wanting to
continue to grow and expand, and ! look forward to seeing what they
cnn nccompli, sh at their new site. I hope that you will seriously
consider making allowances or adjustments to your city ordinance. I
would be more than happy to answer any questions you may have.
Ple~e feel free to call me at the number listed above. Thnnk you for
your consideration on this importnnt matter.
Yours Truly,
Knthryn T. Mnrsl~ll
Prek inderlt~rten Coordinator
Florida House of Representatives
Charles W. $embler II
Representative. 78th District
Reply to:
Post Office Box
Vero Beach. FL 32961
(407) 77~-.~077
14 House (~ffice Build~n~
T~ll~h~flee. FL
Committees
Agriculture
Cnmin-l Justice
E:noioyee & Management
& Emeqency Preparedness
Dece.-.~er 4, !99L
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 reT~ired playground space, i
would like to request that you give every c. onsideration to the
center's request for a change in the present space requiremen:.
This muCh needed center will provide playground space that is
double what the State cf Florida requires. Also, please take intu
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.
Charles W. Sembler II
Anuary ~7, 1992
THE FLORIDA SENATE
T~flahe~ee, ~ofk~l 3~g9-1100
City of Sebastian
Planning and Zoning Bo&rd
1225 Main Street
Sebastian, Florida 32958
Dear Members:
It has been,b?ought to my attention that th6 Learning Nest Child
Development Center has applied for a variance with the City of Sebastian
in order to expand .their playground. ! would like to request that you
g~ve every consideration to their request.
The accessibility of child care within our state is a growing problem.
i believe that all working pareDts should be able to provide quality
child care for their children, since all the.children served by the
center will never be on the playground at one time and the space they
are requesting is twice what is required by the state, I hope that a
solution can be found that would be suitable to all concerned.
If I can be of any [urther assistance to you, please do no= hesitate to
contact me.
Sincerely,
Patsy Kurth
Senator
· ' I
School District of
F F F Indian River County
'A CommUNITY Partnership Toward Educational ~.xcellence'
Dr. Gary W. Norris
Superintendem
~¢hool i:lo~g~
Gene WaddeU
Chairman
Mr. Stanley Krullk~wskl. Chairman
Plazlning and Zoning Board
SebasUan. Florida 32958
Sandrn Bowden
Vice. Chamnan
Joe N. Idioms. Jr.
Member
Gary Lindsey
Mcml:~r
William L. Mmne. Jr.
Mcm~r
Dear Mr. lirullkowsk, l:
I am wa-tUng to support the request for a variance submitted by the
Learning Nest Preschool of Sebastian. The School District of Indian River
County has contracted with the Learning Nest over the last three years to
provide services for a number of three and four year old students In the
Preklndergarten Early Intervention Program which ts funded through the
Florida Department of Education.
The City of SebasUan Is fortunate to have a daycarc/preschool of thts
quality tn the community and I urge you to allow the opportunity for this
excellent program to expand and provide services for more children and their
families.
The playground space provided for tn the current plan l~ Well above what
ts mandated by HR..5 and certainly adequate to provide for the needs of a
preschool center. The schedule of the program would control the numbers of
studcnm who would be using thc playground at any given time and It would be
most unusual for more than one or two classes to be on the playground at one
time.
During the time the school district has been contracting with the
Learning Nest, the program has continued to Improve and has provided a
quality preschool curriculum for our students, it is exciting to see a preschool of
this caliber making plans to expand and make their program available to more
families tn an area of the county that is growing sa rapidly. With this in mind. It
Is our hope that the necessaxy variance will be allowed so that construction can
begin as soon as possible., .~, ,,
Thank you for your conslderaUon of this Important matter and please
feel free to contact me (567-7165 x 244} ffl can aztswer any questions y. ou might
have.
Sincerely, ,
Claudia McNulty
Director of Elementary, Programs
February 25, 1992
To Whom it May Concern,
Apparently there has been an inaccurate statement attributed
to Maitland Farm concerning the use of our playgrounds and I would
like to clear it up at this time.
We have two playgrounds at Maitland Farm. We never have all
of the children out on the playgrounds at the same time. We have at
least two shifts on each playground. In the morning, each class is on
the playground for 30 to 45 minutes. Some classes go outside a
little after 10 and come in before the others go out about 11. This
gives each child an opportunity to use the equipment in an uncrowded
situation and makes better use of the facility than if everyone were
out at once. In the afternoon, our groups are smaller since many
children go home at noon or at 3. However, if we still had our full
enrollment, we would stagger schedules in the afternoon too.
If you have any further questions, please feel free to call and
ask for Sandy, Tillie, or Nancy,
Since?ely,
Sa~~Ka~hle~) , '~~'
Director
Maitland Farm Preschool
567-1713