HomeMy WebLinkAbout04242002REGULAR MEETING
WEDNESDAY, APRIL 24, 2002 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. The Mayor called the Regular City Council meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
3. There was a moment of silence.
4. ROLL CALL
City Council Present:
Mayor Walter Barnes
Vice -Mayor James Hill
Mr. Joe Barczyk
Mr. Edward J. Majcher, Jr.
Mr. Ray Coniglio
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
City Engineer, David Fisher
Finance Director, Mark Mason
Police Chief, James Davis
Captain Dave Puscher
Lieutenant Eugene Ewert
Public Works Director, Terry Hill
City Engineer, Dave Fisher
Human Resources Director, Jim Sexton
SLD
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
Regular City Council Meeting
April 24, 2002
Page Two
5. AGENDA MODIFICATIONS (ADDITIONS AND /OR DELETIONS)
Items not on the written agenda may be added only upon a majority vote of City Council members (R- 99 -21)
Mr. Coniglio suggested New Business item D be moved to the first item under New Business.
6. PROCLAMATIONS. ANNOUNCEMENTS AND /OR PRESENTATIONS
02.081 A. Certificate of Appreciation to Corey Barbour for Planting Flowers Around City Signs
Mayor Barnes read and presented the certificate to Corey Barbour.
02.082 B. Certificate of Appreciation to Christopher Burt for his Assistance with the Arrest of
a Hit and Run Driver
Mayor Barnes read and presented the certificate to Christopher Burt.
02.083 C. Certificate of Appreciation to Adrina Davis, David Foster, David Folkening for
Their Service on the Citizens Budget Review Advisory Board
Mayor Barnes read and presented certificates to Adrina Davis and David Folkening.
David Foster was not present to accept his certificate.
02.084 D. Certificate of Appreciation to Jean Vesia for Her Service on the Planning and
Zoning Commission
Mayor Barnes read the certificate, however, Mrs. Vesia was unable to attend the
meeting to receive it.
02.085 E. Relay for Life Recognition
Mayor Barnes recognized the City of Sebastian Relay for Life team and thanked all
those who gave donations.
02.086 F. Municipal Clerks Week Proclamation
Mayor Barnes read and presented the Municipal Clerks Week proclamation.
02.087 G. Nurse Week 2002 Proclamation
Mayor Barnes read and presented the Nurses Week 2002 proclamation to Inez Fielding,
Sue Lee and Shirley Berlin.
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Regular City Council Meeting
April 24, 2002
Page Three
02.088 H. Pledge of Civility Proclamation
Mayor Barnes read the Pledge of Civility proclamation, however, there was no one in
attendance to accept it.
The Mayor read a letter from the National American Family Association, which
presented a framed "In God We Trust" poster to hang in the City of Sebastian.
02.089 I. Susan Bisno, A T T Broadband
Bob Stephens, Ann Murphy and Larry Johnson, representing AT &T Broadband, briefly
addressed City Council. City Council members expressed satisfaction with the
improvement in cable service under AT &T Broadband. Mr. Stephens said all fiber optic
cable installation is complete and commended Mr. Johnson on his commitment.
Ms. Murphy discussed the merger with Comcast.
7 CITY ATTORNEY MATTERS
Explained to alleviate any confusion on the CR 512 triangle, that there is no intent to
establish a park or single family housing on the property and that the western most
properties, already zoned with proper land use category, should be turned loose from
restrictions in 6 -8 weeks. He further stated there is a holdup on the public service and
industrial tracts because land use must be processed by the state. He discussed
proposed annexations west and south of the City and whether they are ready for land
use changes to coordinate with the aforementioned CR 512 properties.
8. CITY MANAGER MATTERS
The City Manager said the next street resurfacing program will begin the week of May 6
02.090 A. Recreation Service Provision (City Manaaer Transmittal 4/16/02, Analysis, Facility Use
1 -20 List, Memo)
The City Manager addressed the scenarios he had presented in the agenda packet
relative to proposed future recreation services for the City of Sebastian. Following a
description of the various scenarios, citing scenario two which would increase the City's
millage, is the recommendation of Indian River County, and will result in no gain in
services for the City of Sebastian; he recommended scenario 1 even though it was no
real benefit for City. He suggested perhaps looking into the City managing its own
recreation activities at its facilities.
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Regular City Council Meeting
April 24, 2002
Page Four
City Council discussion followed on the fact that scenario 2 will cost more but provide no
further benefits. The City Manager stated an ordinance or an interlocal agreement
would be needed to make scenario 2 work.
It was the consensus of City Council to direct the City Manager to come back to the next
meeting with a possible potential policy recommendation that we are in favor of
scenario 1. The City Manager stated the County would like to hear from us by
May 16th.
02.091 B. Vessel Mooring within the City Limits (PD Transmittal 4/18/02, Exhibits A -G)
21-46
The City Manager further reported on safety and environmental issues relative to
vessels moored in the Indian River Lagoon and requested that City Council establish
some regulatory provisions on the matter.
The Chief of Police introduced Captain Puscher and Tim Leff, Vero Beach Police
Officer, who is assisting the Sebastian Police Department in identifying boats moored in
the lagoon. He said Officer Leff pointed out numerous violations which would be
ticketed in Vero Beach, that several of the boats had been run out of Vero Beach, and
had expressed concern that the City may be getting itself into a situation it cannot get
out of in years to come. He said a representative of FIND said if the City did not
establish regulations for its waters it may be overcome by many moored boats in the
future.
TAPE I SIDE 11 (8:05 p.m.)
Mr. Barczyk cited current LDC and Code mooring provisions.
Officer Leff responded to questions from City Council relative to Vero's mooring field.
The City Attorney said the state encourages the regulation of mooring fields, and that
the City can petition to move the field to another location. Discussion took place on the
need for on land facilities to accommodate a mooring field.
Mayor Barnes asked the City Manager to bring back further information relative to
regulation, and that he did not want to spend additional money on facilities.
The City Attorney handed out current regulations from the Land Development Code
relative to moored vessels (see attached). He said the only thing not provided for in the
current regulations is permitting procedures.
It was the consensus of Council to get rid of the unlicenced and derelict boats in the
area and begin the process of establishing some rules for the citizens of Sebastian.
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Regular City Council Meeting
April 24, 2002
Page Five
B. Mr. Hill
Bill Germain said he had moored his boat in the lagoon for many years and was
shocked to receive a letter from the City, that according to the Army Corps of Engineers,
the area south of Captain Hirams to Floodtide is a designated anchorage; and that he
knew most of the boat owners and would not call the boats derelict.
Cokey Chapman, who said he lives on his boat, asked if the City had recourse to
establish regulations on a federal waterway. He suggested more discussion take place
before a consensus is received.
Mr. Hill said it is not Council's intent to remove any legally registered boats.
9. CITY CLERK MATTERS
The Clerk extended an invitation from County Commission staff for City Council Members to
attend a Public Records Management Workshop on April 25, from either 8:30 -11:30 a.m. or
1:30 -4:30 p.m. in the Indian River County Commission Chambers conducted by Roxanne Dunn
of the State Division of Archives.
10. CITY COUNCIL MATTERS
A. Mr. Barczvk
Discussed Mr. Coniglio's memo regarding Code Enforcement in the City
subsequent to his ride along with Code Enforcement officers.
Expressed concern due to lack of house numbers on some residences in
Sebastian.
Discussed confusion of residents regarding location of trees in waterways, and
asked for a consensus of Council to direct the City Attorney to get information
from FEMA.
C. Mr. Maicher
Recommend staff revisit irrigation for Schumann Drive because plants are dying.
It was the consensus of Council to pursue this activity 5 -0.
D. Mr. Coniglio
Discussed calls from a resident about a Capital Sanitation oil spill and urged
residents with problems with Capital Sanitation or other vendors to contact City
Hall to lodge their complaints.
Reported on his ride with a Code Enforcement officer and that he would like to
see some type of workshop.
Congratulated the officers involved in the recent capture of the bank robber.
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Regular City Council Meeting
April 24, 2002
Page Six
E. Mayor Barnes
Said he had taken a ride with Code Enforcement today and also suggested a
workshop with Code Enforcement, staff and the Building Department.
Invited the public to the cleanup this Saturday sponsored by Keep Indian River
Beautiful, organizing at Riverview Park.
Also invited the public to attend the April 29` meeting regarding recreation at
5:30 p.m.
Reminded his colleagues that the City Attomey appraisals are due.
11. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion
of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon
separately.
A. Approval of Minutes 4/10/2002 Regular Meeting
02.077 B. Authorize Roadside Mowing Services Agreement between BK Maintenance of West
Melbourne and the City of Sebastian in the Amount of $49,578.66 (City Manager
Transmittal 4/18/02, Agreement)
02.092 C. Resolution No. R -02 -18 Transfer of Cable Franchise (GSA Transmittal 4/11/02,
R- 02 -18)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE TRANSFER OF CABLE
FRANCHISE PURSUANT TO A T T MERGER WITH COMCAST; PROVIDING FOR CONFLICT; PROVIDING
FOR EFFECTIVE DATE.
02.093 D. Resolution No. R -02 -19 Huddy Vacation of Easement (GMD Transmittal 4/16/02, R- 02 -19,
Site Map, Staff Report, Application, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION
OF A CERTAIN EASEMENT ON LOT 15, BLOCK 264, SEBASTIAN HIGHLANDS UNIT 10; PROVIDING FOR
CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
The City Attorney read resolutions R -02 -18 and R -02 -19 by title.
MOTION by Hill /Majcher
"I move approval of consent agenda items A -D."
ROLL CALL:
MOTION CARRIED 5 -0
Mayor Barnes aye
Mr. Hill aye
Mr. Barczyk aye
Mr. Coniglio aye
Mr. Majcher aye
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Regular City Council Meeting
April 24, 2002
Page Seven
12. PUBLIC HEARING
02.053 A. Resolution No. R -02 -17 Authorizing the Florida Small Cities Community Development Block
Grant Neighborhood Revitalization Application (City Manager Transmittal 4/18/02, R- 02 -17)
A RESOLUTION AUTHORIZING THE FILING OF THE CITY OF SEBASTIAN'S FISCAL YEAR 2002 FLORIDA
SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD REVITALIZATION
APPLICATION WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
The City Attorney read Resolution No. R -02 -17 by title.
The City Manager introduced Betty Jordan.
Ms. Jordan addressed City Council, said she had a draft application for execution, and that
the City's score is 675.98 which is a good score. The Mayor opened the public hearing at
8:55. There were no speakers.
MOTION by Barczyk /Coniglio
"I would move to adopt Resolution No. R- 02 -17."
ROLL CALL: Mr. Hill aye
Mr. Barczyk aye
Mr. Coniglio aye
Mr. Majcher aye
Mayor Barnes aye
MOTION CARRIED 5 -0
B. Authorize the Commitment of a $300.000 Match from the City of Sebastian's FY 2002
Budget for the Louisiana Avenue Area CDBG Improvement Program
The City Manager stated this is a formal requirement of the process. Ms. Jordan stated this
commitment adds 60 points to the application.
MOTION by Hill /Majcher
"Move to authorize the commitment of $300,000 match from the City of Sebastian's
FY 2002 Budget for the Louisiana Avenue Area CDBG Improvement Program."
ROLL CALL:
MOTION CARRIED 5 -0
Mr. Barczyk aye
Mr. Coniglio aye
Mr. Majcher aye
Mayor Barnes aye
Mr. Hill aye
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Regular City Council Meeting
April 24, 2002
Page Eight
13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda sign -up
required limit of ten minutes for each speaker
None.
14. COMMITTEE REPORTS /RECOMMENDATIONS
A. Planning and Zoning Commission
02.014 Interview, Unless Waived and Appoint One Regular Member Position (City Clerk
Transmittal 4/15/02, Applications, Ad, Member List)
MOTION CARRIED 5 -0
15. OLD BUSINESS
None.
16. NEW BUSINESS
02.095 D. Discussion and Direction Regarding Police Pension (City Manager Transmittal 4/12/02,
Memo, Summary, 0- 02 -07, Statement)
TAPE 11- SIDE I (9:18 p.m.)
Mayor Barnes called recess from 9 p.m. to 9:10 p.m. All members were present when the meeting
was reconvened.
Mayor Barnes explained the policy that in most cases an incumbent is reappointed, and
urged other applicants to apply for other available positions.
Ms. Reichert recommended re- appointing Mr. Barrett and other applicants in attendance
said they would hold their applications for other positions.
MOTION by Barczyk/Coniglio
"Move to re- appoint Mr. Barrett to the Planning and Zoning Board to a regular three
year term to expire 5/1/2005."
ROLL CALL: Mr. Coniglio aye
Mr. Majcher aye
Mayor Barnes aye
Mr. Hill aye
Mr. Barczyk aye
Lee Dehner and Ward Foster, representing the Police Officers' Pension Plan, gave a
lengthy presentation to City Council.
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Regular City Council Meeting
April 24, 2002
Page Nine
Mr. Dehner stated that the City's plan for its officers meets the minimum requirements, is
low in relation to other agencies in the area, and recommended an increase to the 3%
multiplier for all years of service.
They then responded to questions from Council. Mr. Foster verified that the City would be
responsible to fund the plan if the state could not provide the funding.
The Finance Director said millage would have to increase by .25 mills to cover this increase.
The City Manager said the City can absorb the 3% adjustment prospectively.
Adrina Davis, Sebastian, said, for the record, said the City is losing officers to state and
federal agencies due to low compensation.
Sherri Reichert, said she would pay more property taxes to see the officers get their
funding.
Mr. Foster said the 12.1% is not unprecedented in the funding of the plan, citing that in
1997 the city's funding rate was 11.9% which is not uncharted territory.
Lieutenant Gene Ewert, Chairman of the Police Pension Board, said this proposal has been
brought up numerous times to several other administrations prior to this.
Joe Scarpa, said he was willing to pay a tax increase to support these officers.
Rappy Perez, member of the Police Pension Board, said it will cost each taxpayer $25 a
year to take care of this increase.
Frank Gorchese said the officers deserve a raise.
Cokey Chapman urged an increase.
Sergeant Michelle Morris expressed concern for the inequity that long term employees will
find compared to new hires.
MOTION by Barczyk/Hill
"I move that we go with the 3% retroactive."
ROLL CALL:
MOTION CARRIED 5 -0
Mayor Barnes aye
Mr. Hill aye
Mr. Barczyk aye
Mr. Coniglio aye
Mr. Majcher aye
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Regular City Council Meeting
April 24, 2002
Page Ten
The City Attorney said he will bring back an ordinance that reads the City adopts an
ordinance that adopts a Chapter 185 Plan with a benefit payment of 3
Mayor Barnes recommended that the Police Pension bring items to the Council and not wait
if it cannot get through administration.
02.094 A. Reading of Ordinance No. 0 -02 -10 Laurel Preserve PUD kGMD Transmittal 4/12/02,
0- 02 -10, Conceptual Plan. Map, P Z Recommendation)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT
PLAN FOR THE DAVIS PLANNED UNIT DEVELOPMENT LOCATED NORTHWEST OF SCHUMANN LAKE
TO PROVIDE FOR 96 SINGLE FAMILY DWELLINGS AND RENAMING AS LAUREL RESERVE PUD;
PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0 -02 -10 by title and briefly described the decrease
in density and waterfront homes.
Mayor Barnes and Mr. Hill inquired about access. Mayor Barnes asked about exit onto
Kildare Drive but not a second exit. The City Attorney replied that Kildare is an emergency
exit only and an offshoot from Bailey (Laurel Reserve Drive) will be an exit. The Mayor was
concerned about traffic using Del Monte Drive where there is now a gate. Mr. Hill asked
if the plan included running a road along Fischer Island Circle. The City Attorney stated it
will run along 3 lots but be heavily landscaped by the County when the road goes in.
MOTION by Barczyk/Hill
"I move to adopt Ordinance No. 0 -02 -10 and schedule a quasi-judicial public
hearing for May 8th year 2002."
ROLL CALL: Mr. Hill aye
Mr. Barczyk aye
Mr. Coniglio aye
Mr. Majcher aye
Mayor Barnes aye
MOTION CARRIED 5 -0
02.019 B. Authorize Work Authorization #3 to Kimlev Horn Assoc. up to the Amount of
$12,500.00 for Engineering Services for Riverview Park Expansion (Engineering
Transmittal 4/18/02, Work Authorization #31
Mr. Good said the task will be to prepare environmental permits to be submitted to the
SJRWMD.
MOTION by Majcher /Coniglio
"Move to approve Work Authorization No. 3, to Kimley Horn Associates not to
exceed $12,500."
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Regular City Council Meeting
April 24, 2002
Page Eleven
ROLL CALL:
MOTION CARRIED 5 -0
Mr. Barczyk aye
Mr. Coniglio aye
Mr. Majcher aye
Mayor Barnes aye
Mr. Hill aye
02.044 C. Authorize Staff to Enter REG Architect, Inc. Contract in Amount of $55,000.00 with the
City of Sebastian for Spatial Analysis and Study (GSA Transmittal 4/16/02, Agreement)
TAPE 11- SIDE 11(10:21 P.M.)
.UoJ 1 7
Walter W. Barnes
May
Sa y Maio,
City Clerk
The City Manager stated this item is a result of the 2/27/02 meeting and that Mr. Gonzalez
and Mr. Wagner were present to answer any questions.
Mayor Barnes confirmed this analysis is for future spacial needs. Ric Gonzalez with REG
Architects stated a report on the needs that may include conceptual designs will be
presented this summer for discussion.
MOTION by Hill /Majcher
"I move to authorize staff to execute the Professional Services Agreement with REG
Architects, Inc., for Phase I of Exhibit "A" (Pre Design, Planning and Conceptual Designs)
in the amount of $55,000."
ROLL CALL: Mr. Coniglio aye
Mr. Majcher aye
Mayor Barnes aye
Mr. Hill aye
Mr. Barczyk aye
MOTION CARRIED 5 -0
17. Being no further business, Mayor Barnes adjourned the meeting at 10:23 p.m.
Approved at the May 8 2002 Regular City Council Meeting.
11
4
Sec. 110-1. Authority of city to regulate waterways.
The city shall have the right to regulate the use of all waterways within the city limits and
the conduct of all persons using such waterways, not in conflict with federal or state regula-
tions. All ordinances of the city regulating the conduct of persons on land shall also apply to
persons using waterways, insofar as such ordinances are applicable.
(Code 1980, 6 -3)
Sec. 110 -2. Penalty for violations of chapter.
Any person violating any of the provisions of this chapter, upon conviction thereof, shall
be punished as provided in section 1 -10 of this Code.
(Code 1980, 6-15)
Sec. 110.3. Refuse disposal.
(a) It shall be unlawful for any person to dump or throw, or cause to be dumped or thrown,
any waste material, refuse, trash, petroleum product, or other debris into any waterway of the
city.
(b) No one shall throw, drop or leave fish, garbage, trash, refuse, bait or other debris on
any dock, wall, park, parkway or other premises within the city except in proper receptacles
provided for such trash or debris.
(Code 1980, 6- 11(a), (c))
Cross references Health and sanitation, ch. 50; nuisances, ch. 66; solid waste, ch. 86.
State law reference Littering, F.S. 403.413.
Secs. 110 -4- 110 -30. Reserved.
Sec. 110 -31. Definitions.
WATERWAYS 110 -31
ARTICLE I. IN GENERAL
ARTICLE II. WATERCRAFT*
The following words, terms and phrases, when used in this article, shall have the mean-
ings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Boat or vessel means and includes every description of self propelled watercraft used or
capable of being used as a means of transportation on water, including all types of boats and
all uses thereof. As used in this article, the terms "boat" and `vessel" are synonymous with
the term "watercraft."
*Cross reference Traffic and vehicles, ch. 98.
State law reference— Vessel registration and safety, F.S. ch. 327.
CD110:3
q /2q /c?. Mir?uf'es
110 -31 SEBASTIAN CODE
Commercial boat means and includes any watercraft used, maintained or operated for
profit.
Commercial fishing boat means and includes any watercraft engaged in fishing whereby
fish caught are sold for profit, either by the owner, operator or other person.
Commercial marina means a licensed facility for docking watercraft and/or providing
services to watercraft and the occupants thereof, including minor servicing and repair to boats
while in or out of the water, and sale of fuel and supplies. Docks which are accessory to
residential uses where no boat related services are rendered shall not be considered marinas.
Floating home means any waterborne structure designed for or used primarily -as a dwelling
which either does not have an operable motor on board at all times, or which is not capable of
controlled steering for removal from the dock in the event of a fire or other emergency.
Moor means to secure a vessel or boat by line, cable or other device to any boat slip, dock,
pier, wharf, dockage space or docking facility in such manner as to assure the security of such
vessel. Fueling stops are not included in this definition.
Municipal docks means any bulkheads, walls, docks, approaches and appurtenances which
the city owns or may construct from time to time on property owned or acquired for that
purpose.
Private watercraft means and includes any boat or vessel used for pleasure by the owner
or others, where no charge is made for fishing or riding upon such vessel.
Short -term berths means any boat slips, piers, docks, wharves or other dockage spaces or
facilities designated at the municipal docks for the mooring of a boat for a period not to exceed
12 continuous hours.
Sightseeing boat means and includes any watercraft engaged in transporting the public
for hire on waterways within the city limits for sightseeing purposes.
(Code 1980, 6 -1)
Cross reference Definitions and rules of construction generally, 1 -2.
Sec. 110 -32. Compliance with chapter.
For the protection of property owners, the general public, and owners and operators of
watercraft in the city, all watercraft of any type whatsoever, operated on or moored, docked or
anchored at any place in the lakes, canals, rivers, bays or waters within the corporate limits
of city and the owners, operators or occupants thereof, shall be governed by and observe the
provisions of this chapter.
(Code 1980, 6 -2)
Sec. 110 -33. Evidence of identity of violator.
In any prosecution charging a violation of any provision of this chapter governing the
operation, mooring, docking or anchoring of watercraft, proof that the particular watercraft
described in the citation or summons was violating a provision of this chapter, together with
CD110:4
WATERWAYS 110 -38
proof that the operator thereof was not present at the time a violation was observed, or was
present and did not identify himself as the operator, or denied that he was the operator, the
person in whose name such watercraft is registered shall be held prima facie responsible for
such violation.
(Code 1980, 6 -4)
Sec. 110-34. Recognition of federal rules and regulations.
All operators of watercraft are hereby charged with knowledge of and compliance with all
enacted or amended regulations of the U.S. Coast Guard, U.S. Army Corps of Engineers, and
other federal agencies governing boats, docks, or waterways.
(Code 1980, 6 -5)
Sec. 110-35. Compliance with state rules and regulations governing boats.
All operators of watercraft are hereby charged with knowledge of and compliance with all
rules and regulations of the state governing the licensing, operation and title certification of
boats, including F.S. chs. 327 and 328, as amended.
(Code 1980, 6 -6)
Sec. 110 -36. Speed restrictions; water skiing and similar activities prohibited in cer-
tain areas.
(a) It shall be unlawful for the operator of any watercraft to operate such watercraft at a
speed greater than "slow -down minimum wake" as defined by Florida law, at all times such
boat is within 150 feet of a bridge, dock, pier, wharf, mooring or launching area, or is within
a lagoon, bay estuary, canal or lake, or is at a place in the Sebastian River or Indian River
which has a distance from shore to shore which is 300 feet or less.
(b) Water skiing, aquaplaning or similar activities are prohibited utilizing any watercraft
within 300 feet of any bridge, dock, pier, wharf, mooring or launching area, or upon any
lagoon, bay estuary, canal or lake within the corporate limits of the city.
(Code 1980, 6 -8)
Sec. 110-37. Excessive noise.
No operator or owner of a watercraft shall cause or allow excessive noise in the operation
or use of watercraft or equipment thereon, including blowers, machinery, motors, horns, etc.,
on board any watercraft in violation of chapter 16 et seq. of this Code.
(Code 1980, 6 -10)
Cross reference Nuisances, ch. 66.
Sec. 110 -38. Health and sanitation rules; disorderly conduct, etc.
All persons on board any watercraft located upon any waterway within the city limits
shall comply with all health and sanitary rules or regulations of the city, and all ordinances
of the city relating to the conduct of persons, including acts contrary to health, safety, morals
CD110:5
110 -38 SEBASTIAN CODE
or public peace, and including ordinances prohibiting disorderly conduct or loud or boisterous
noises which disturb the peace.
(Code 1980, 6 -9)
Cross reference Health and sanitation, ch. 50.
Sec. 110-39. Trash disposal.
All trash, garbage and other debris accumulated aboard any watercraft moored or docked
in the city limits shall be removed from the watercraft and disposed of on land in a proper
receptacle to dispose of the items.
(Code 1980, 6- 11(b))
Cross reference —Solid waste, ch. 86.
State law reference Littering, F.S. 403.413.
Sec. 110.40. Equipment for excrement, waste, refuse.
No person shall use or maintain living quarters on any motorboat, yacht, houseboat,
floating home or any other type of watercraft on any of the waters within the city limits, unless
such motorboat, yacht, houseboat, or other watercraft shall be equipped with a holding tank
and/or chlorinator maserator or other equipment sufficient for the purpose of containing all
excrement, waste and refuse from such craft, and such wastes shall be disposed of in accor-
dance with the rules and regulations established for the disposal of such wastes, but in no
event shall any part thereof be released into any of the waters within the city.
(Code 1980, 642)
Cross references Health and sanitation, ch. 50; nuisances, ch. 66; utilities, ch. 102.
Sec. 110.41. Repairing of.
Only minor repairs and/or maintenance of watercraft in residential areas is permitted and
only when such repairs or maintenance is performed by the person who is both the owner (or
tenant) of the real property and owner of the watercraft, or at his direction.
(Code 1980, 6 -14.1)
Sec. 110 -42. Using as place of business.
No watercraft moored or docked on any of the publicly dedicated waterways in the city
shall be used as a place where any sales or services of any type whatsoever are conducted;
provided, however, that this prohibition shall not apply to sales and services usually rendered
by charter fishing boats or sightseeing boats licensed by the city.
(Code 1980, 6 -14)
Sec. 110 -43. Permission required to dock or to make fast to other vessel.
No person shall moor a boat to a private seawall or dock or beach if upon private property
within the city without the permission of the owner thereof.
(Code 1980, 6 -13)
CD110:6
Supp. No. 22 CD110:7
WATERWAYS 110 -44
Sec. 110 -44. Period of mooring to municipal docks and piers.
No boat shall moor or tie up to any municipal docks or fishing piers owned by the city
exceeding a one -hour limit, within a twenty four -hour period.
(Code 1980, 6 -13.1; Ord. No. 0- 00 -14, 1, 6- 14 -00)
Cross reference Streets, sidewalks and other public places, ch. 90.
GENERAL REGULATIONS 54 -2 -7.8
(2) Barbed wire fences. Barbed wire fences may be permitted by the planning and zoning
commission in commercial and industrial districts if the proposed fence is a minimum
of six feet and a maximum of eight feet in height and topped with no more than three
strands of barbed wire. No part of any such fence may extend beyond the boundaries
of the property of which it is installed.
(g) Required screens for garbage, refuse dumpsters. Notwithstanding anything to the
contrary contained in this section, all garbage, refuse dumpsters, regardless of the siting on
the property, shall be screened on all four sides by masonry wall, fencing, or other materials
permitted hereunder, at least six feet in height, and rendering the view of said dumpster
invisible from adjacent properties and public rights -of -way. All proposed refuse dumpster
screens must be approved by the building official through the issuance of a fence permit in
accordance with procedures set forth in section 54- 2- 7.7(a).
Sec. 54- 2 -7.8. Regulation of watercraft.
(a) Regular mooring of watercraft I live-aboard regulations.
(1) The following restrictions shall apply to regularly moored watercraft:
a. Regularly moored watercraft shall not be permitted as business offices or other
related commercial enterprises. This provision shall not preclude the regular
mooring of watercraft for fishing operations, charters, pleasure and other
water dependent uses, provided said mooring is located at an approved private
dock, commercial marina, or approved anchorage identified by the United States
Coast Guard and depicted on nautical charts.
b. All watercraft utilizing the waters of the city shall be maintained in a seaworthy
condition, except when in a permitted repair area.
c. Under no circumstances shall any vessel anchor or moor in areas that have been
determined by the Florida Department of Environmental Protection as protected
areas for wildlife and plant life in the submerged lands. And in no event shall any
owner or operator of any vessel discharge any untreated human waste or other
debris.
d. Permanent live aboards are not permitted in waterways within the jurisdiction of
the City of Sebastian.
e. Transient live aboards are permitted within the City of Sebastian within any
commercial marina within the city limits that maintains moorings and/or slips at
docks for transient live aboards, to encourage the use of the waterways of the city
and to promote an increase in the economic base of the community provided the
following conditions are met:
i. All such facilities shall provide litter receptacles and marine sanitation
pump -out facilities as required by the Federal Environmental Protection
Agency and the Florida Department of Environmental Protection.
LDC7:9
54 -2 -7.8 SEBASTIAN LAND DEVELOPMENT CODE
ii. Such facilities may make available to users of offshore moorings a dock
expressly for the purpose of accessing said moorings by dinghy or other
small vessel; and may charge a reasonable price for the use of said dock.
iii. Such facilities shall maintain records of all such moorings of transient
live aboards.
(b) Boat limitations on city waterways. Only boats powered by electric motors or by an
internal combustion engine not exceeding three horsepower that is operated in accordance
with the specifications of the manufacturer, canoes and paddle boats may navigate local
waterways, canals and lakes within the city limits of Sebastian. The Sebastian River and the
Indian River Lagoon are excluded from this restriction.
Sec. 54- 2 -7.9. Street access and setbacks.
(a) Structures to have access. Every building hereafter erected or moved shall be on a lot
adjacent to a public street, or with access to an approved private street, and all structures shall
be so located on lots as to provide safe and convenient access for servicing, fire protection, and
required off street parking.
(b) Setbacks established from approved streets. In the event that streets or rights -of -way are
approved by the city and filed with the clerk of the county court, or in the event of the
designation or establishment by the city council of any proposed public street or road, to the
extent lawful the same shall thereupon immediately be used as the reference point for the
purpose of determining setbacks for new construction under the terms of this ordinance. This
provision shall not prevent the reconstruction of a fully or partially damaged or destroyed
legally nonconforming structure so long as the rebuilt structure is consistent with the city's
land development code and building codes.
Sec. 54 -2 -7.10. Regulation of obstructions to visibility.
(a) Obstruction to traffic and traffic visibility. There shall be no structures or planting,
which materially obstructs traffic, and traffic visibility.
(b) Visibility triangles. Visibility triangles, within which nothing shall be erected, placed,
parked, planted or allowed to grow in such a manner as to impede vision between a height of
two feet and eight feet above the center lines of intersecting traffic ways, shall be provided as
follows:
(1) Vision clearance at street, alley and driveway intersections. A visibility triangle shall
be required at all traffic intersections. No wall, fence, hedge, or structure within the
visibility triangle shall exceed a height of two feet above the elevation of the abutting
street measured at the centerline.
Dimensions of visibility triangle. The sides of the visibility triangle shall be 30 feet at
street -to- street intersections and 15 feet at all other intersections. These distances
shall be measured along the well defined edge of pavement from their point of
intersection. Where no well defined edge of pavement exists, a probable edge of
LDC7:10
02.053 A. Resolution No. R -02 -17 Authorizing the Florida Small Cities Community
Development Block Grant Neighborhood Revitalization Application
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PUBLIC HEARING SIGN -UP SHEET
APRIL 24, 2002
A RESOLUTION AUTHORIZING THE FILING OF THE CITY OF SEBASTIAN'S FISCAL YEAR 2002
FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD
REVITALIZATION APPLICATION WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
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