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HomeMy WebLinkAbout01122005HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY JANUARY t2, 2005- 7:00 P.M. CITY COUNCIL CHAMBERS '1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council- limit of five minutes per speaker 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER CONIGLIO 3. MOMENT OF SILENCE 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-04..26) CITY COUNCIL VACANCY (City Clerk Transmittal 1/5/05, Applications, Eligibility Forms) 05.002 A. Consider Filling Vacancy 05.002 B. Sweadng in by City Clerk if Applicable 7. PROCLAMATIONS~ ANNOUNCEMENTS~ PRESENTATIONS 05.003 A. Accolades to 2004 Employee of the Year, Vaunette Davis 05.004 B. Presentation by Representatives from the Florida, Power and Light Company: Appreciation for Partnership with Sebastian Municipal Airport - Staging Area for Hurri(~a-ne Frances and Hurricane Jeanne Recovery Program and Electricity Restoration 05.005 C. Presentation by Department of Engineering and Stormwater Utility Division: Status Report and Update Regarding Stormwater Bond Project Scheduling and Implementation 3~44 4~47 05.006 05.007 51-54 05.008 5~56 05.009 5~63 05.010 6~76 05.011 79-93 CONSENT AGENDA Alt items on the consent agenda are considered reu#ne and will be enacted by one motion. Thera will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item wi//be removed and acted upon separately. A. Approval of Minutes - 12/8/04 Regutar Meeting B. Approval of Minutes - 12/20/04 Special Meeting Authorize the Acceptance of Easement Dedications from Louisiana Property Owners for Neighborhood Revitalization Program (City Manager Transmittal 1/4/05) Approve the Purchase of One 2005 Chevrolet Colorado Pick-Up Truck from Garber Chevrolet, Inc. Per Florida Sheriff's Association Bid Award #04-12-0824 in the Amount of $13,760 (Bldg. Dept. Transmittal 1/3/05, Bid) Approve the Fifth Annual Fine Arts & Music Festival at Riverview Park on January 28, 29 & 30, 2005 · Approve the Following Road Closures from Noon Friday, January 28, 2005 until 8:00 pm Sunday, January 30, 2005: Indian River Dr. from Coolidge Street South to Southern City Limits, Sebas~an Blvd. from Just East of Hess Station, East to indian River Ddve and Harrison Street Just East of Dry Cioanere East to indian River Ddve Approve Beer/Wine Sales and Consumption East of Indian River Drive in the Food & Music Area on Saturday, January 29, 2005 from 10 am to 6 pm and Sunday, January 30, 2005 from 11 am to 4 pm (Public Works Transmittal 12/27/04, Letter) Approve the Exchange Club of Sebastian 12th Annual Blue Water Open Sport fishing Tournament at Riverview Park on Friday, August 5~, 2005 and Saturday, August 6th, 2005 · Authorize Special Event Agreement Between Exchange Club of Sebastian and the City of Sebastian for Annual Blue Water Open Sport Fishing Tournament · Approve Beer/Wine Sales East of Indian River Drive from Harrison Street South to the City Limit on Friday, August 5, 2005 and Saturday, August 6, 2005 (Public Works Transmittal 12/27/04, Application, Agreement) Resolution No. R-05-02 Vacation of Easement - Ruggiano/Perry - Lots 9 & 10, Block 71, Sebastian Highlands Unit 2 (GMD Transmittal 1/5/05, R-05-02, Map, Staff Report, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 9 AND 10, BLOCK 71, REPLAT OF PORTIONS OF SEBASTIAN HIGHLANDS UNIT 2; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-05-03 Vacation of Easement - Ames - Lots 22 & 23, Block 159, Sebastian Highlands Unit 5 (GMD Transmittal 1/5/05, R-05-03, Map, Report, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 22 & 23, BLOCK 159, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 2 05.012 95-98 05.013 99-119 05.014 121-129 10. 04.220 131-133 05.015 135-152 Authorize Change Order #2 to Obstruction Clearing, Runway 9-27 Contract Between City of Sebastian and Ali-Rite Paving Contractors in the Amount of $20,950.00 (Airport Transmittal 1/5/05, Request, Letter) COMMITTEE REPORTS/RECOMMENDATIONS A. Plannin.q & Zoning Commission i. Interview Unless Waived, Submit Nominations for Regular & Alternate Member Positions (City Clerk Transmittal 114105, Code, Applications, List, Ad) B. Construction Board i. Interview Unless Waived, Make Nomination for Alternate Member Position (City Clerk Transmittal 12/13/04, Code, Application, List, Ad) PUBLIC HEARING Procedures for public headngs (R-04-26) · Mayor opens hearing · Altoroey reads ordinance or resolution · Staffpresentation · Public input - Limit of ten minutes per speaker · Staff summation · Mayor closes hearing · Council action Anyone wishing to speak is asked to Sggn up before the meeting, when called go to the podium and state his or her name Second Reading and Public Hearing Ordinance No. 0-04-20 Design Standards Wind Speed (City Attomey Transmittal 1/6/04, 0-04-20) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 26-31(a) TO DESIGNATE 140 MPH MINIMUM WIND SPEED STANDARDS FOR CONSTRUCTION; PROVIDING FOR APPLICABILITY, CONFLICTS, SEVERABILITYAND EFFECTIVE DATE. (Press Journal 12/29/04) First Reading & Transmittal Hearing Ordinance No. O-05-02 Land Use Amendment for a Proposed 46-Acre Private Subdivision Situated Along Gardenia Street North of San Sebastian Springs Subdivision (GMD Transmittal 1/5/05, O-05-02, Map, Report, Application, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHESIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF CONSERVATION, 1 UNIT PER TWO AND A HALF ACRES (C-3) FOR LAND CONSISTING OF 46 ACRES, MORE OR LESS, LOCATED WEST OF GARDENIA STREET AND DOLPHIN AVENUE KNOWN AS CYPRESS BEND SUBDIVISION; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (Press Journal 1/5/05) 3 05.016 153-170 05.017 171-188 11. 12. 13. 05.018 189-191 14. 04.247 16. 16. Fimt Reading & Transmittal Hearing Ordinance No. 0-05-05 Land Use Amendment for a Proposed 25.5-Acre Addition to the Recently Annexed Cross Creek Subdivision (GMD Transmittal 1/5/05, 0-05-05, Map, Report, Application, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 25 ACRES, MORE OR LESS, LOCATED WEST AND ADJACENT TO CROSS CREEK LAKE ESTATES ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK ADDITION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (Press Journal 1/5/05) D. First Reading & Transmittal Hearing Ordinance No. 0-05-08 Land Use Amending for a Proposed 40-Acre Subdivision Located South of Sebastian River Landings Phase II (GMD Transmittal 1/5/05, O-05-08, Map, Report, Application, p & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENITAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 40 ACRES, MORE OR LESS, LOCATED EAST OF CR510 AND THE SEBASTIAN RIVER HIGH SCHOOL KNOWN AS THE HAMMOCKS; AUTHORIZING FINDING AND ADMINISTRATIVE ACTIONS; PROVIDNG OR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (Press Journal 1/5/05) ,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 five minutes each speaker OLD BUSINESS NEW BUSINESS First Reading Ordinance No. O-05-10 Alcohol Sales in the Community Redevelopment District, Schedule Public Hearing 2/9/05 (City Attorney Transmittal 1/5/05, O-05,10) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 10-1 TO ALLOW RESTAURANT AND ANCILLARY RETAIL SALES OF ALCOHOL IN ALL PARTS OF THE COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. .,CITY ATTORNEY MATTERS A. Modification of Thunderbird Drive Access Agreement (no backup) CiTY MANAGER MATTERS CITY CLERK MATTERR t7. CITY COUNCIL MATTERS A. Mr. Barczyk B. Mayor McCollum 05.019 i. Environmental Advisory Committee 05.029 ii. Use of Council Chambers for Candidate Debates C. New Member (if applicable) D. Mr. Coniqiio 05.030 193 i. Consensus regarding Indian River Ddve development (typed concerns previously submitted) 05.031 ii. Consensus regarding stricter code enforcement ordinances E. Ms. Monier 18. ADJOURN (A~mee~jngssh~#adj~umat1~:3~pmun~essexb~edf~rupt~neha~fh~urbyamaj~ri~v~te~fC~y Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on A T & T Broadband Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MAt ~I=R CONSIDERED AT THIS MEETING 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.) IN COMPLIANCE WITH THE AMERICANS WITH DISABlUTIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming Meetings: January 26, 2005- 7:00 p.m. - Regular Council February 9, 2005- 7:00 p.m. - Regular Council February 23, 2005- 7:00 p.m. - Regular Council March 9, 2005- 7:00 p.m. - Regular Council March 14, 2005- 7:00 p.m. - Special Meeting March 23, 2005- 7:00 p.m. - Regular Council April '~ 3, 2005- 7:00 p.m. - Regular Councit Apd127, 2005- 7:00 p.m.- Regular Council May 11, 2005- 7:00 p.m. - Regular Council May 25, 2005 - 7:00 p.m. - Regular Council ~BASTIA~ City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Consider Filling City Council Vacancy AP P roved ~f/~Su bmitta! b~: City Man/ger: /~/'~~ Agenda No. ~)5. O~)2. Department Origin: City Clerk Date Submitted: 1/5/05 'For Agende of 1/12/05 City Attorney: ~ Exhibits: Nine Applications w/Eligibility Forms Expenditure Required: Amount Budgeted: IAppropriation Required: SUMMARY STATEMENT We have received nine applications from interested citizens to fill the vacancy on City Council until the seating of a successor elected at the next general election, March 8, 2005 I requested that each submit a form certifying that he is eligible 1o hold office in accordance with provisions of Charter 2.02 relative to residency. Individuals interested in filling the vacancy are: Brian S. Burkeen Damian Gilliams James A. Hill William Ingui Edward J. Majcher, Jr. Salvatore F. Neglia Lawrence S, Paul Ron VanBuskirk Richard Dean Villars RECOMMENDED ACTION Consider filling the vacant position by taking nominations. The individual receiving the majority of votes (three affirmative) will fill the vacancy. If City Council fills the position, I will be prepared to swear in the new member at this meeting if City Council so desires. HOME C~ FEUCAN I~I. AND APPLICATION TO SERVE ON CITY BOARDICOMMI'FI'FF ~AI[ C~t:y Barrel ~nd (':ommd~e,~ Mernber,~ Mu~t be ~e$;d~nt$ of thc C~tv ot Sol:~stian) HOME PHONE' 5 ~C~ _ ~)'~ ~ HOME FAX: BUSIN -'-S$: BU$1N .=SS ADDRESS: BUSIN -'-SS PHONE; BUSINESS FAX: E-MAJL; ARE Y )U A RESIDENT OF THE CITY OF SEBASTIAN? DO Ye U CURRENTLY HOLD ANY PUBMC OFFICE? DO ¥C LI PRESENTLY SERVE ON/~JY OTHER CITY BOARD OR COMMI'I'TEE? WHIC} ' BOARDsICOMMI'I-I'EES? HOW LONG? PLEA; E CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN ~RV~NG IN ORDEI ~ OF I~REFERENCE W1TH FIRST CHOICE BEING #t: CHARTER REVIlBN COMMITTEE (sends ~ty 6 months .CODE ENF~CEM~T BOA~ .CDMMUNI~ REDE~LOPME~ ~S~Y COMMI~EE .C~UCTI~ BOARD ~e~n~t ~ - ~ on~ .~ND~PED SELF~UATION COM~EE _P~NNING AND ZONING COMMI~I~ .P~K6, & R~R~TION ~VlSORY COMMIE ~nt .OTHER ~MPO~ COMM~EE APPLI; :ABLE EDUCATION AND~R ,F~. PERIENCE (a brief re=,me is require HOW'~ [/OULD YOIJR EXPEI~IENCE BENEFIT THE B,O~/~:~:) YOU'RE APPLYING FOR? LIST ~ NY ADDITIONAL QUALIFICATION~ TO 8ENVE ON BOARD OR COMMITTEE: HAVE ~'OU EVER ~-N CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE ' ~'OIJ ~'VEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPI' 'UDE I,N TH~S OR ANY STATE? ,~ 0 WOUL 7 YOU CON~IDER SERViNG ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVi ? ! have bee ~ provided wilh, mad end ond~nd O~ ~t'Seba~im CeOe ~ ~ ~1~ ~h 2 1~ (~) I~n m~ ~ · ~ ~ ~ ~ ~m' ' ~ m~ - ELIGIBILITY TO HOLD OFFICE OF COUNCILMEMBER Section 2.02 - E_~G.B!_ !TY 'No person shall be eligible to hold the office of council member unless he or she is a qualified elector in said city and actually continually resided in said city for a 3eriod of one (1) year immediately preceding the final date for qualification as a :andidate for said office." I, ~'-A'i¢-.¢ ~* ~'-L~b~_~_~j , candidate for the office of :ouncilmember, meet the qualifications to be eligible to hold office as required in ;ection 2.02 of the City of Sebastian Charter, above. Signature of Candidate and subscribed before me this ~ r'¢(__ day of ~~/_~___' ~d' , worn to r~pPUCATION TO SERVE ON CITY BOARD./COMMITTEE (All City Board and Committee Members Must Oe R~;i0~nts of th ,= City of Sebastian} HOME ADDRESS: '~ { ~ /.-~'-/~f~ '~f- HOME PHONE: *'TTz_ ~ *~5 (~'~'~- HOME FAX: -*-~- E-MAIL; BUSINESS PHONE: ~. ~-~ '/~ ~I~U$1NESS FAX: ~c~o-) E4vlAIL: ~ ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ~/~ HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ~ '~ DO YOU PRESENTLY SERVE ON ANY OTHER CITY' BOARD OR COMMITrEE? "-//,E~ WHICH BOARDS/COMM~ ~ I ~EB? ~--~ ~ PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMNhT'r~E (.~erves o'~/y 6 months every' 7'.veers ~ meets nex~/n ClTJ'ZENS BUDGET REVIEW ADVISORY EIOAI~D (~G'-meet~ ~f~/f/ng suml1~er) CODE ENFORCEMENT BO, NRD (/=en'nanenf ~oe.,~- mee~ ones · mom CONSTRUCTION I~OARD (permenent t~e,-d- meet~ OnCe · ·, HANDICAPPED SELF.EVALUATION CDMla~ ~ ~ t:E (/~em~nent b~rd- .nests ;usrter~,) .PLANNING AND ZONING COMMISSION (pmmanent bc~m:f - mel~;s twiue a month)* POLICE RETIREMENT BOARD OF TRUSTEES {permar~nf ~b~yb~ard- ~PAP~$ & RECR~.ATION ADVISORY (;;QMM~ ~ ~ {peffnenent J~oan/- me~s once TREE & LANDSCAF~ ADVISORY BOARD (~nene~ b~am'- mm onc~ · month) OTHER ~EMI~OP.N~Y COMMITTEE (ii' applicable) {WRITE IN COMMI1'/'EE APPLICABLE EDUCATION AND/C)R EXPER~IENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE.: APPLYING FOR?. LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER SEEN CONVICTED OF ANY FELONY IN THIS O1~ ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MOPJ~. TUP. PITU.DE IN THIS OR ANY STATE? ~ ~ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ~ ~OV~? M"~ I hereby ~ that I am qualified to hold the poaWon f~r which this a~licatfo, is rnad~. Furlher. I heml~' eulflorize tire City of Sebeatian tD trade.gate the truth~lnw of ail infom~aflor) which I have pm,~lG~KI I'~ th~ ~ic~ten, I unders~nd that ar~ m~mpreaental~n or om~,lon of infommflon_~m;lueMe~L~m this applicatiOn is oause for I have ~ ~ wtlh, reed ami un~emtar~i C~ ~ ,te~ C, ode ~.~nanr,~, Set.ns 2-166 filrou~h 2~1~J --~P/P~hlic. StYe of Florida - ~.~. ....... /., ELIGIBILITY TO HOLD OFFICE OF COUNClLMEMBER !ection 2.02 - ELIGIBILITY t No person shall be eligible to hold the office of council member unless he or she Ipls a qualified elector, in--Sm---~Fd~ity and actuall c ' · · eriod of one (1 ear imm ' ~ ontl.n, ua]ly, res!deal in said city for a ~andida ! y ffrh~-,, e mtely preceding the final date for qualfflcatlon as a r , 3ouncilme~er, mee~ qualifications to k~ ~. · _ , . Section 2.02 of the .,/~_,, ..... ~ ~llg~ble to hold off~ce as required ;'Y~2 and subscribed before me this ~ day of · ~z~zzams is personally known to me. NAME: APPLICATION TO SERVE ON CITY BOARD/COMMITI'EF (All CJtV Board and Committee Members Must be Residents of the City of Sebastian) HOME ADDRESS: HOME PHONE:~] 2-5g~-2~r"~ ] HOME FAX: E-MAIL: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: ~'~/~k BUSINESS FAX: ARE YOU A RESIDENT OF THE CiTY OF SEBAST AN? E-MAIL: HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ~,~.© · CHARTER REVIEW COMME]'EE (selves only 6 months every ? years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISOI~Y BOARD (temporary. meets du~ng summer) CODE ENFORCEMENT BOARD (permanent bOard- meets once a month)* .., CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMI3-1'EE (permanent bOard - meets q~a~tedY) ' PLANNING AND ZONING COMMISSION (permanent board- meets ~vice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent ststuts/y board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (Permanent board'.- meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent ~oard - meets once a month) ~" OTHER TEMPORARY COMMITFEE (if applicable) ~ ~ ~\i ~'OL~r~C~ '~ ' (WRITE IN COM~4r'q i ~- NAME) ffFiling of financial disclosure is required following appointment PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH PIRST. CHOICE BEING #1: APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ¼iA I hereby certify that I am qualified to hold the position for which this application is mede. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. Subscribed and sworn who is personally known , as identification. ~_~tary Public, State of Florida ~w~fo~pplicat.~d rev. 1/2004 I have been provided with read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is available if requested, ~icant Signature to he. re me this /L)'/ch day of DeC. ZOOt~, by to me, or has produced James A. Hill APPLICABLE EDUCATION AND/OR EXPERIENCE: City Council Member - City of Sebastian 2000 to 2004 Vice Mayor - City of Sebastian 2002 to 2003 Treasure Coast Regional Planning Council - 2000 to 2004 Indian River County Metropolitan Planning Organization - 2000 to 2004 Indian River County Emergency Services District Advisory Committee - 2003 to 2004 Sebastian Charter Review Committee- 1999 Indian River County Republican Executive Committee Honorable Discharge United States Air Force - 1995 Honor Graduate (Superior Honor Student) Abraham Baldwin Agricultural College (two AAS Degrees in Environmental Horticulture) - 1995 President of Phi Theta Kappa ABAC - 1994 to 1995 CONTINUING EDUCATION: FIodda State University/Florida Institute of Government & Flodda League of Cities - Completion of "Advanced Institute for Elected Officials" National League of Cities -"Resolving Conflicts: Communication Success Signals" Golf Course Superintendents Association of America (GCSAA) - 'Managing People for Peak Performance and Job Satisfaction" - 1998 Gm HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'R~= APPLYING FOR? As a very recent member of the Sebastian City Council, I believe that I could transition back onto Council with little to no learning curve. I feel this to be critical in this short period until the next election. I have learned, as a council member, that although we may not all agree on all issues at all times, we must all agree to make decisions based upon what we feel is in the best interest of Sebastian. Not only today, but also well into the future. I currently have a relationship with several elected officials from other cities and the County Commission. These relationships could prove invaluable to Sebastian, as now is the time to increase communication and coordination between other municipalities and our county government. LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: As a long time citizen in this wonderful City of Sebastian, I have grown to appreciate just how unique we are. I have served this city proudly, and wish to continue providing common sense leadership on the City Council. I wish to continue to protect the high quality of life we have, while improving economic diversification and development in this city. We have all suffered greatly over the summer. Both residents and business will feel the pain from the two hurricanes for many years to come. Yet the city still stands as the greatest in the land. The citizens still smile knowing that anywhere else just isn't as good. The homes will be rebuilt the businesses will recover, and we wilt maintain our small town atmosphere. It has been a great pleasure working with all of you in the past. I would certainly welcome the opportunity to again serve with you as a City Council Member for the City of Sebastian. I greatly appreciate your consideration for appointment to the un-expired term vacated on the City Council. HOM~ O~ PFJJCA~I ISLAND ELIGIBILITY TO HOLD OFFICE OF COUNClLMEMBER Section' 2.02-- ELIGIB!L!TY !'No person shall be eligible to hold the office of council member unless he or she s a qualified elector in said city and actually continually resided in said city for a )eriod of one (1) year immediately preceding the final date for qualification as a :andidate for said office." I, -.~¢.w~G~, L. l-~[ i( , candidate for the office o' Councilmember, meet the qualifications to be eligible to hold office as required ir Section 2.02 of the City of Sebastian Charter, above. ~51'gnature of CanCi'dat¢ S~worp/to~3:nd subscribed before me this --~-- day ~otaw Public / / - _~tate of Florida .~EAL ~1 ,,,~¢,...*~,,,, ~N v. ROUSSEAU ~1~;.'¢"~.'~~- MYCOMM[SSION#DD08958! ~ ~,~¢~ EXPIRES: March ~8, 2006 APPLICATION TO SERVE ON CITY BOARDICOMMI'i'FFF (All City Board and Committee Members Must be Residents of the Citv of Sebastian) NAME: Wlll, HOME ADDRESS: ~,2~ /_g~/c,.,,-r- ~rtv'~ / E MAIL- w~,,v6-~ HOME PHONE:(.~72)j?~/_ d//.,~. HOME FAX - ' ~ ~.b.~,,~ ~ ,~ BUSINESS: ~.*ZtSZ-Z~' ff'o,~7"~..~Z~'~ ~.~¢. BUSINESS ADDRESS: ~,,2.~, ~q~? b~e. ,-.[~..,r~,,_... ,c~ 3.~'/,}-~ BUSINESS PHONE~.~oo)j,/j~-?/.oC BUSINESS FAX('172)£f/_/obG E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ~5' HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ,~'RE INTERESTED iN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)* CONSTRUCTION BOARD (permanent board-meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board- meets quarterly) PLANNING AND ZONING COMMISSION (permanent board - meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent beard - meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WR TE IN COMMITTEE NAME) *Filing of financial disclosure is required following appointment PPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI~EE: MAV~ YO~ ~V~R 8~N CO~V~GT~D O~ A~Y ~hONY ~ l~S O~ A~Y SIAI~? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? /t/O WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? (.~,~ ~-~,~ ue I hereby cert~y that I am qualified to hold the position for which this application is made, Further, I hereby authorize the City of Sebastian to investigate the truthfulness Of all Information which I have provided in this application. I understand that any misrepresentation or oreission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 {attached). Information relative to a specific board or coremjttee is available if mqussted. Applicant Signature Subscribed and sworn to before me this ~..'.~Q day of _~/=l-_'e,-..'~.~r, ~, by ~,~ '~ ~ I ~ Or~, ~ ¢"',%"~j'l who is pemonally known to me, or has produced ¢LO~. i % Z~ %'~.0~2-t~ 0 as identification. .... , ~,t'-'''~ ,, Notary Public, S'[t~lt~f Florida \wp-form\applicat.wpd rev. 112004 626 Layport Drive Sebastian, FL 32958 Phone (772) 581-0166 E-mail wingui44 ~yahoo.com Objective To be considered for the short-term position of Councilman on the Sebastian City Council recently vacated by Mr. Michael Heptinstall Education 1992-99 1987 1975-76 1973 1966 Hofstra University Hempstead, New York Graduate Education Courses Brooklyn College Brooklyn, New York Educational Administration & Supervision Certificate Program C.W. Post College / L.I. University Brookville, New York Criminal Justice Program Queens College Flushing, New York M.S. Secondary Education C.W. Post College / L.I. University Brookville, New York B.A. History/Political Science/Accounting Professional Certification 1987 1987 1969 School District Administrator / Permanent Certification - NYS Certification as School Administrator / Supervisor - NYS Secondary Education / Permanent Certification - Social Studies / Grades 7-12 - NYS Awards 1992 1995 1992-98 1983 1975-76 1973 1962 1961 Phi Delta Kappa, Professional Education Fraternity Professional Achievement Award - Software Development - Northport UFSD Doctoral Fellow, Hofstra University, Educational Policy & Administration Grant, Field Experience in Bombay, Calcutta and New Delhi, India Sabbatical Grant, Field Experience in Criminal & Juvenile Justice Lifetime PTSA Membership Award - New York State PTA Arthur A. Gulden Scoutiag Award Eagle Scout Supervisory & Organizational Experience 1989-90 1989-90 1969-99 1966-1999 Chairperson, Middle States Association Philosophy & Goals Committee, Northport HS Co-Chairperson, Middle States Association Social Studies Evaluation Team, Northport HS Advisor to JHS and HS Extra-Curricular Programs, including talent shows, Grandfriends, Interact Club, sports intramurals, NYS Yorkers Club, Composer's concerts, musical productions and Student Council Coordinator or Participating Committee Member for District Middle Schools Reorganization, Block Scheduling, J.F.K. Conference, Focus on Hunger program, Hunger Awareness program, Juvenile Justice program Work Experience 1999-present 1991-1999 1999-200I 1966-1999 President / CASTLE Software, Inc (Middle/High School) Vice-President / CASTLE Software, Inc. Adjunct Professor at Indian River Community College and Brevard Community College Teacher of Social Studies / grades 7-12 Volunteer Experience 2001-02 2002-present 2002-present 2003 2004 2002-present Cub Scout Pack Leader - Sebastian, FL Vestry Member - St. Elizabeth's Episcopal Church - Sebastian, FL Chairperson - Finance Committee - St. Elizabeth's Clam Bake Festival - Sebastian Property Owners Crown Financial Ministries co-leader with my wife Chairperson - Parks & Recreation Advisory Committee to the Ci.ty Council of Sebastiav References Andy Westerfleld 291 Faith Terrace, Sebastian, FL 32958 Lori Hoey 131 Larchmont Terrace, Sebastian, FL 32958 Chrissie Grimison 9125 104th Street, Vero Beach, FL 32960 Rev. Dr. Susan Bubbers 5090 Fairways Circle, Vero Beach, FL 32967 Jayne Barczyk 609 Caravan Terrace, Sebastian, FL 32958 To: From: Re: Date: City Council for the City of Sebastian Bill Ingui 626 Layport Drive Sebastian, FL 32958 (772) 581-0166 Short-Term Council Vacancy December 29, 2004 I would like to have the opportunity to continue serving my community as a volunteer to fill the short-term position recently vacated by Mr. Michael Heptinstall for a period of three months, ending March 2005. The resignation of Mr. Heptinstall has brought forth, as stated in a story carried by the Press Journal, several individuals with many qualities that suggest they will bring a measure of expertise to the position because of their past-experience in Council business. It was unclear whether any of these interested candidates would run for the regular open seats in March, but I concluded that it would be unfair to permit any of those people to fill a position that would provide an advantage in their official run for the open seats in March. I therefore wish to state my sincere interest is to serve our City for the short-term and I will not seek to run for election in March, thus avoiding any implication that a temporary seat helped the candidacy of someone running. I am placing before you my request to be considered for the vacated position based upon this point and in light of other factors, including your knowledge of my work with the City and the information supplied in my application. While I have been your Chairperson of the Parks & Recreation Advisory Committee to the City Council, I believe that our committee has provided a unique service, meeting the public in workshops, listening to the viewpoints of citizens regarding their particular park and recreation issue, as well as providing the City Council with a continuous set of printed recommendations, correlated with a presentation made by me or another member of the committee before Council. I recently appeared before the Council with Mrs. Jayne Barczyk, to advocate user fdendly facilities for children with disabilities, an idea Jayne had previously introduced to our Committee. While I realize that City guidelines require that I vacate my position on the Committee if I serve a short time on the City Council, 1 would like to request the Council consider holding open the position for the three month period and allow me to resume my position after serving. Consideration of my request would be most appreciated, although I realize it rather unusual and perhaps contradictory to the City norm. Sincerely, ELIGIBILITY TO HOLD OFFICE OF COUNCILMEMBER Section 2.02 - ELIGIBILITY 'No person shall be eligible to hold the office of council member unless he or she s a qualified elector in said city and actually continually resided in said city for a ~eriod of one (1) year immediately preceding the final date for qualification as a ;andidate for said office." I, ~/Y~//~,~ ~-~,~,/ , candidate for the office o' 3ouncilmember, meet fl~e qualifications to be eligible to hold office as required ir .~ection 2.02 of the City of Sebastian Charter, above. Signature of Candidate ~worn to and subscribed before me this ~'~011 day of ~C-e,--.~¼~- , Notary Public ~tate of Florida ~EAL , .,?~2~,. oE~mE T^W.i~ APPLICATION TO SERVE ON CITY BOARD/COMMITTEF /AIf City Board and Committee Members Must be Residents of the City of Sebastian) HOME ADDRESS: .~ ~OO HOME PHONE: ~.~ ~ ~' ~2.~,.~ OC' HOME FAX: E-MAIL: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN?~ ¢ HOW LONG? ,,/,~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ¢/~ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years -meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODE ENFORCEMENT BOARD (perrnanent board - meets once a month)* CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMI'F]'EE (permanent board- meets quarterly) PLANN lNG AND ZONING COMMISSION (permanent board- meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board- meets once a month) OTHER TEMPORARY COMMI'F]'EE (if applicable) (WRITE IN COMMI'FTEE NAME) *Filing of flnandal disclosure is required following appointment APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN TH S OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MOI::~,L TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any mlareprssentation or emission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or com_~rlff~e is available ifJ'.e~:luested. Subscribed and sworn tO before me this ¢~Z/ day of'/~-~//"/~-'~k_, ~{ by ~.~/4~_~ / [.-,.~¥ (~'../,...~._. who is pemonally known to me, or has produced Notary Pu~tate of Florida as ider~tiflcation. ~,wP-form\applicat. wpd rev, 1/2004 HOME OF PELICAN ISLJd~D ELIGIBILITY TO HOLD OFFICE OF COUNCILMEMBER ;ection 2.02 - ELIGIBILITY No person shall be eligible to hold the office of council member unless he or she s a qualified elector in said city and actually continually resided in said city for a 3eriod of one (1) year immediately preceding the final date for qualification as a :andidate for said office," I, ~ . , candidate for the off~ce ot Councilmember, meet t~e/qualific~ns to be eligible to hold office as required in ;ection 2.02 of the City of Sebastian Charter, above. Sign,~ture of ~andid~ ~worn to and subscribed before me this cx:~//' "day of ota . c 3tate of'Florida 3EAL Sally A Maio MYCOMMISSION# DD131155 EX,RES Octot~er 0, 2006 HOME OF PEUC^N ISLAND APPLICATION' TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) HOME ADDRESS: HOME PHONE: 7Z~-~-~;a HOME F~: E-MAIL: BUSINESS: .---'---' BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? y_.~'~ HOW LONG?/~/~'~''~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ANY OTHER CITY BOARD OR COMMITTEE? DO YOU PRESENTLY SERVE ON WHICH BOARDS/COMMITI'EES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMITTEE (serves only 6 months every 7 yea~ - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)* COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (permanent board-meets as needed) CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMI'I-I'EE (permanent board- meets quarterly) PLANNING AND ZONING COMMISSION (permanent board- meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent ststutory board- meets qua~erly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board- meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board- meets once a month) OTHER TEMPORARY COMMI'CrEE (if applicable) (WRITE IN COMMITrEE NAME) *Filing of financial disclosure is required following appointment APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OFANY FELONY ~N THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE?. /b)'~) _ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? /[,) ~..7 I hereby certify that I am quaJified to hold the position for which this appiimtion is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of ali information which i have provided in this application. understand that any misrepresentation or omission of information requested in this appiication is muse for disqual[fimtion. I have been provided with, read and understand City of Seba tian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or ~;~ /~ppl~cant Signature " _~_nd sw,om to before me this /'~-'~ day of :, S~of Flodda tO .~..m e, cr ;',~ prodl:med \wP-form\applicat.wpd rev. 1/2004 HOM£ O~ PF~L~CAN ~SLAND ELIGIBILITY TO HOLD OFFICE OF COUNCILMEMBER Section 2.02 - ELIGIBILITY "N r o person shall be eligib e to hold the office of council member unl ~ is a qualified elector in said ci~, a~ ---*-~,, .... ,, , ess he or she ' .~ ,,,~ ~..u~t.y conunually resiaed in said city for a period of one (1) year immediately preceding the final date for qualification as a :andidate for sa d office." . I, .~~¢~ ~f~ , candidate for the office ot ¢ouncilmember, meet the quail be eligible to hold office as required in -~ection 2.02 of the City of Sebastian Charter, above. 'Signature of Can~ S ? o~ ~,w.~t.~nd. subscribed before me ,his~4~ day , State of Florida ~-,, DEAL =~ ¢~:-(-;,.; - , .... , .... .,'~ ~". ~,, v. no~s~u ~ ~*~ :*= MYCOMM~SSlONCDD089~/ ~ ~: :~ s EXPIRES: MaBh l& 2~6 J~ 17 04 I! 32a Larr~ Paul p.1 APPLJCA'I1ON TO SERVE ON CIl1~ ~_~_A_qD/'CO~;i I ~-F fAIl City B0~rd a~¢l Comm~ee Members Must be IRe$iclents of the Cilv of ~b_~stiag} HOM~ADDRESS: HObS :' PHONE: BUSlr lESS PHONE: 3.~, -P4'g --~-+,v y BUSINESS FAX:/,~i. 72'4-/- .q//. E-MAIL: L,~ ARE ~ OU A RESIDENT OF THE CITY' OF SEBASTIAN? \/~_i HOW LONG? ..~ DO ¥( )U CURRENTLY HOLD ANY PUBLIC OFFICE? /V 0 DO YI IU PRESENTLY SL-~VE ON ANY OTHER CITY BOARD OR COMMII'TEE? WHIC t BOAF[DS/COMMI I ~ F-ES? PLF. A: ;E CHECK THE ~IARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDE :=. OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMff't-=E (serves ,CODE ENFOR~NT B~ ~ ~ .~NDIC~D SEL=-~UA~ON ,PA~ & REC~ON ~VI~RY CO~ ~o APP[ICABLE EDUCATION AND/OR EXPE~ RIENCE: (a brief resume is mqu/red).~ _%co cc,.~ ~, HOW ~OU~ YOUR ~PE~E~E ~EF~ ~E B~ YOU'~E A~NG FOR? U~ t~ ~1~ Q~I~ON8 ~ GE~ ON B~ OR COMMI~EE: ~VE YOU~B~NC~C~DOF~F~ONYiNTHiS~Y~ATE? ~o HAVE YOU E'V~N BEEN ~-ONVICTED OFAN¥ MISDEMEANOR INVOLVING MORAL TURPI rUDE IN THIS OR ANY STATE?. ~j O WOUL 3 YOU GONSlDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED N~II~:~ JO AJ. ID ELIGIBILITY TO HOLD OFFICE OF COUNCILMEMBER ;ection 2.02 - ELIGIBILITY 'No person shall be eligible to hold the office of council member unless he or she s a qualified elector in said city and actually continually resided in said city for a period of one (1) year immediately preceding the final date for qualification as a candidate for said office." I, ~ ~.,3 ._c.. -~,~..~_ , candidate for the office o' Councilmember, meet the qualifications to be eligible to hold office as required ir Section 2.02 of the City of Sebastian Charter, above. L Si~gn~at~u~e of Candidate worn to and subscribed before me this ,~0'~h day of /~00L~ Mr. Paul is personally known to me. ~t~::~ Public - ~ate of Florida SEAL HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE iX ~oard and Committee Members Must be Residents of the City of Sebastian} HOME ADDRESS: 2~-Z- ~)o cl HOME PHONE: HOME FAX: BUSINESS ADDRESS: /do /?~7 _ff'~/~e~¢-7- ~/d/z~, j~cT~ ~- BUSINESS PHONE: 7/~- ~?2-J'~ BUSINESS FAX: E-MAIL:~----~ c3 ~ ~ ~ .407. ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ~/~_.c- HOW LONG?~.~c~ ~//Z. DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? /~/o DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ~O D ~ ~'/,/ /,~,,ZC b-,~,~ e'~ 7" /.~ o/~ /Z~. PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMITTEE (serves only 6 months every 7 yea~s - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary- meets during summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)* COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (perrnanentboard-meets as needed) CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMI'I-I'EE (permanent board- meets quarterly) __ PLANNING AND ZONING COMMISSION (permanent board- meets tw/ce a month)* __ POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* -- PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month) _TREE & LANDSCAPE ADVISORY BOARD (permaneqt board- meets once a month) __ OTHER TEMPORARY COMMI'FI'EE (if applicablel [//4r'/~J~ ~o,J/.fc/I _~,4.?' (WRITE IN COMMITrEE NAME) *Filing of §nancial disclosure is required followfng appointment "OF OITY 'L APPLICABLE EDUCATION AND/OR EXPERIENCE: (a bri~]~s~,~ue i~ ~,eqtc{'~d)~ 3 ~ ,4/7"/~ tv,' HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: ,~ T Y,'? c/-I c'~ HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE?/t/O WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE?~'~/~ j~/~7-..~£"%~C~'~2~2 Y~,~ ~...1o-'1, /~.~'~,~z.~ z-z) I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I undemtand that any misrepresentation ~ omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Cede of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or cote is availa~if requested. ! Applicant Signature // ~'etary Public, State of Flqrfd~ \wp-form~applicat.wpd rev. 112004 "'--7~' ~uuv ~nUSSEAU /! ~!;:~:' ~..'t~ MYOOMMISSION"DD08@531~!  :r :, ~ EXPIRES: March 18, 2006 /1 To.' From: Subject: Date: Sebastian City Clerk Sally Maio Sebastian Council Members Ron VanBuskirk Vacant Council Seat December 21a 2004 ": OF OiT'f ~' ': On December 13th 2004 1 submitted my application for council. I would respectfully request to be considered for the seat vacated by Mr. Hepmstall. Education: Graduated High School 1979 U.S. Navy 1979-1983 Boiler Tech. USS Nitro AE-23 NIULPE Power Engineer Chiefs license Many training schools/Management seminars Experience: 1986-Present - Watch Engineer Vero Beach Power Plant 2001- Present - Code Enforcement Board Chairman (Sebastian) Resident of Sebastian for 20 years married to wife Coriun for 21 years, two children Mike 20 and Victoria 16. A Watch Engineer is a management position with three full time employees assigned under my direct supervision this gives me full responsibility of all operations at the power plant. I believe my Navy Experience combined with my current experience challenges me to be fair, fu'm and honest daily. I do my research, think before I speak, do not lie, and Im non-bias on my decision, therefore I feel comfortable filling the temporary position until the March election. I plan only to fill the position until March. IfI could ask the current council a favor please pronounce my last name correctly, I feel it's very important. Thank You, Ron VanBuskirk (Van Bus Kirk) icy }i:' s£~. ASTi/,!~. ELIGIBILITY TO HOLD OFFICE OF COUNCILMEMBER ;ection 2.02 - ELIGIBILITY 'No person shall be eligible to hold the office of council member unless he or she is a qualified elector in said city and actually continually resided in said city for a period of one (1) year immediately preceding the final date for qualification as a candidate for said office." I,/~v ~-/Z.~,~/~',d?~' , candidate for the office ct 3ouncilmember, meet the qualifications to be eligible to hold office as required in Section 2.02 of the City of Sebastian Charter, above. Signature of Candidat/e"~ · ~worn. te. and subscribed before me thi~...¢/.,-~- day of ~,///~ - - ,'-'-'P- ~ St~t¢0f Florida SEAL APPLICATION TO SERVE ON CITY BOARDICOMMrrrEE (All Citv Board and Committee Members Must be Residents of the City of Sebastian) NAME: "~T-_,.C (4 l'.'~ ~ (~i HOME ADDRESS: HOME PHONE:-~ 3~' ~ HOME FAX: E-MAIL: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMI'I-I'EE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: Filing of financial disclosure is required followin~ appointmeilt CHARTER REVIEW COMMI'FrEE (sen/es only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)* CONSTRUCTION BOARD (permanent board- meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board- meets quarterly) PLANNING AND ZONING COMMISSION (permanent board- meets twice a month)* POLICE RETIREMENT BOARD OF '~RUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board- meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board mmeets once a month) OTHERTEMPORARYCOMMITTEE'(ifapPli~able) (~,7,~,3CL \ (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? 1%¢O WOULD' YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? l I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this applioafion is cause for disqualification. I have been provided with, read and understand City ~bastien Code of Ordinances Sections~-166 through 2-173 (attached). Information relative to a specific board or~ml~U~ Apl~li~ant Signa~re "~ Subscribed and sworn to before mo this day of ¢q tl.~'~ , by ~Ch,C~'d V, who is personally known t~ rna, or has pre~duced ~[-- OYt V-Ci<S LiC81.~3 ~ as identification. N~'ry Public, State of Florida \wp-form\applicat.wpd rev, 112004 ELIGIBILITY TO HOLD OFFICE OF COUNClLMEMBER Section 2.02 - ELIGIBILITY 'No person shall be eligible to hold the office of council member unless he or she s a qualified elector in said city and actually continually resided in said city for a period of one (1) year immediately preceding the final date for qualification as a candidate for said office." l, "--~o~Ar~J O-~l[tAP-A ,candidate for the office of Councilmember, meet the qualifications to be eligible to hold office as required Jn Section 2.02 of the City of Sebastian Charter, above. S~gnature of CandIdate ~Sworn to and subscribed before me this ~ day of ZO0,~ Mr. Viilars provided his Florida d~iver's license a's ID. ~is~ta ry Public State of Florida ~-' 2. 3. 4. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 8, 2004 - 7:00 P,M, CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McCollum called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Vice Mayor Barczyk. Invocation was given by Father Morrissey, St. Sebastian Catholic Church. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Mike Heptinstall Councilmember Lisanne Monier Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Records Program Manager, Donna Cyr Growth Management Director, Trace Hass Stormwater Engineer, Ken Jones Public Works Director, Terry Hill Airport Director, Jason Milewski Human Resources Director, Jim Sexton Police Chief, Jim Davis MIS Network Manager, Frank Losardo MIS Assistant, Barbara Brooke Regular City CounciIMeeting December8,2004 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-04-26) On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, a Parks and Recreation Report and Recommendation was added under Committee Reports and Recommendations as item 8B (see backup attached), a report by the City Manager on the Florida Enterprise Zones under City Manager's Matters, and Discussion of CRA Zoning under Old Business B by a voice vote of 5-0. 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS 04.229 1 Welcome by Mayor McCollum to First City Council Meetinq in New City Hall on 80th Anniversary of Oriqinal Organ zaton of Town of Sebastian - December 8, 1924 Cnfo) Mayor McCollum welcomed everyone to the new City Hall and read a brief narrative on the first organizational meeting of the City on December 8, 1924. 04.230 Presentation of Plaque to Sebastian River Art Club for Restoration of Painting "Native American" Oriqinally Dedicated in 1974 by Meta Chesser to the City of Sebastian in Honor of Her Father Captain Robert Hardee (no backup~ Mayor McCollum presented a plaque to members of the Sebastian River Art Club for their restoration of the painting. 04.231 C. Presentation of Plaque to Betty Blake for Naminq "Friendship Park" (no backup) Mayor McCollum presented a plaque to Betty Blake for the naming of the new park. 04.232 Presentation of US Postal Service Banner - Pelican Island 100th Anniversary Stamp (no backup) Mayor McCollum read a bdef narrative about the donation of the banner from the US Postal Service. 04.233 E. Proclamation Ca in.q the March 8, 2005 General Election (nobackup) Mayor McCollum read and presented the proclamation calling the March 8, 2005 election to the City Clerk. 04.234 3-4 Presentation of Master Municipal Clerk Certification Plaque and Pin to City Clerk, Sally Maio (Letter from IIMC President) Mayor McCollum read a proclamation and presented a plaque and proclamation to the City Clerk for attainment of the Master Municipal Clerk (MMC) certification. Regular City Council Meeting December 8, 2004 Page Three 04.235 5-6 04.236 04.237 04.238 G. Recoqnition of Growth Manaqement Director, Tracy Hass for Attaininq 'America. J.nstitute of Certified Planner' Certification (AICP Info) Mayor McCollum presented a plaque to the Growth Management Director for attainment of the American Institute of Certified Planners (AICP) designation. H. ..Presentation by Representatives from Gabor Insurance Services, Inc. Partnersh;i, ~tCo sta RaiJroadProoert - Main Street and Louis~ Ron Gabor, Gabor Insurance Services, Inc. Partnership, discussed plans to build an office in Sebastian and displayed a plan to place the old train station on their property. The City Manager receiVed a consensus of Council to negotiate agreements with Gabor. I. .Presentation by Representatives from the Indian River County Art in Public Place~; .Proqram - Partnership Possibilities in Sebastian (no backup) Mary Jane Kelly, Executive Director, Cultural Council of Indian River County gave a presentation on partnership possibilities with the Sebastian River Art Club. J. Presentation b Dr. Ro er Baker Executive Director Association for Retarded Citizens of Indian River Court - Follow U Discussion and Direction Re ardin Office S ace Assistance in Sebastian no backu The City Manager said that discussions had taken place relative to use of the former City Manager/City Attorney suite in the old City Hall building by the Association for Retarded Citizens for Indian River County. Roger Baker submitted his proposal (see attached). Mayor McCollum wondered whether these proposals should be addressed on a first come basis or an advertisement should be put out to notify other groups. Mr. Coniglio and Mr. Heptinstall said they were behind this organization utilizing the facility. The City Manager reiterated the location and said that the adjacent conference room would be utilized by other agencies as well. On MOTION by Coniglio, and SECOND by Heptinstall, the City Attorney was directed to come back with a lease agreement with ARC with a unanimous voice vote. Regular City CouncilMeeting DecemberS, 2004 Page Four ~15 04.233 1~19 04.239 21-57 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 C~y Council so requests; in which event, the item will be removed and acted upon separately, A. Approval of Regular Meeting Minutes - 11/17/04 Resolution No. R-04-53 - 2005 Municipal Election (City Clerk Transmittal 11/22/04, Proclamation, R-04-53) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE OFFICIAL POLLING PLACES AND OFFICES TO BE FILLED DURING, AS WELL AS AUTHORIZING PUBLICATION OF NOTICE AND DELEGATION OF ADMINISTRATION FOR, THE GENERAL ELECTION TO BE HELD ON MARCH 8, 2005; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-04-54 Accepting Florida Department of Transportation Joint Participation Agreement for the Construction of New North West Access Road and Work Authorization #18 from the LPA Group, Inc. (Airport Transmittal 11/29/04, R-04-54, Agreement, Proposal) A RESOLUTION OF THE CITY OF SEBASTING, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING TO CONSTRUCT NORTH WEST ACCESS ROAD (CORPORATE PARK DRIVE); PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 04.240 59-83 04.241 85-97 Resolution No. R-04-55 Accepting Flodda Department of Transportation Joint Participation Agreement for the Construction of Fuel Tanks and a Wash Rack (Airport Transmittal 11/29./04, R-04-55, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE C ITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING TO CONSTRUCT AN AVIATION FUEL FARM; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-04-56 - Authorizing the City Manager to Accept and Execute a Grant Agreement with the United States of America to Provide $338,000 Funding for Hurricane Damage Repairs and Appropriate Same (Airport Transmittal 11/29/04, R-04-56, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FEDERAL AVIATION ADMINISTRATION GRANT TO REPAIR MAINTENANCE HANGAR, FENCING AND GATES, AND RUNWAY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 4 Regular City Council Meeting December 8, 2004 Page Five 04.242 F. 99-102 Resolution No. R-04-57 - Financial Incentives for Disaster Recovery (City Manager Transmittal 12/1/04, R-04-57, Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ENCOURAGING THE STATE OF FLORIDA TO DEVOTE CERTAIN PROCEEDS TO ESTABLISH A PILOT PROGRAM OR A GRANT PROGRAM THAT PROVIDES FINANCIAL INCENTIVES FOR CONTRACTORS AND THEIR CLIENTS TO VOLUTARILY USE CERTAIN CONTRACTION TECHNIQUEST AND MATERIALS DURING RECONSTRUCTION FOLLOWING NATURAL DISASTERS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR CONFLICTS WITH PRIOR RESOLUTIONS. 04.047 G. 103-105 Approve Change Order #2 to Community Asphalt Corporation Contract Entitled "Rehabilitation of Runway 9-27 and Construct Full-Length Parallel Taxiway" in the Amount of $19,767.63 (Airport Transmittal 11/29/04, Change Order Request) 04.211 H. 107-108 Approve Changer Order #1 to Elmo Greer and Sons for Paving of Main Street in the Amount of $27,466.48 (Engineering Transmittal 11/23/04, Changer Order) 04.243 I. lO9-111 Waive Competitive Bidding Process and Purchase Four Chain Link Backstops from Collegiate Pacific in the Amount of $8,780.00 for Barber Street Sports Complex (11/29/04, Quote) Item B was removed by Mr. Heptinstall. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, items A and C-I were approved on a roll call vote of 5-0. Item B Mr. Heptinstall submitted his resignation from City Council effective at the dose of this meeting, due to family matters that require him to leave the State. The City Attorney distributed an amended resolution to include election for a one-year seat. He said he would further advise City Council on charter provisions in regard to the vacancy. On MOTION by Heptinstall, and SECONDED by Coniglio, Council adopted the amended resolution on a roll call vote of 5-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS Tape I, Side II 8:03 pm 04.244 A. Annual Report from Code Enforcement Board Chairman, Ron VanBuskirk (Letter) 113-114 Ron Van Buskirk introduced members of the board and Code Enforcement Officer Van Meir and updated City Council on Code Enforcement activities over the past year and reiterated three recommendations as set out in this agenda packet relative to maintenance of vacant properties, amendments to the alarm ordinance, creation of another full-time position in Code Enforcement. 5 Regular City Council Meeting December 8, 2004 Page Six Each Council member responded and concurred with the recommendations. B. Parks and Recreation Committee Report and Recommendation Bill ingui, Chairman of Parks and Recreation, introduced committee members Michelle Merlin and Jayne Barczyk, presented a request to look at facilities and pursue grants to purchase playground equipment for disabled children. He had previously submitted materials relative to this equipment (on file in the Office of City Clerk). He suggested the new "Friendship Park'. Mrs. Barczyk addressed City Council on the need for this type of facility. Mr. ingui said Parks and Recreation is an "idea" committee and would like approval to pursue this. City Council concurred with the recommendations. The City Manager said the City is not in a position to change out parks equipment at this time for Friendship Park but is in a position to make additions to various park facilities. Mr. Ingui recommended an advertised public meeting to obtain public input on the facilities. There were no objections from Council to proceed as recommended. 9. PUBLIC HEARING - None 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occumad or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of five minutes for each speaker Damien Gilliams, Sebastian, said this facility is impressive, the public should make it their business to see what was done for them and get involved in government, and thanked Mr. Moore and Council for the beautiful facility. He recommended that there are businesses in this community that would not turn down a formal invitation to Gloria Estefan to our community. Walter Barnes, Sebastian, expressed his dismay at Mr. Heptinstall's leaving, agreed with Mr. Gilliams to bring Gloria Estefan to Sebastian, said he hoped that out of state workers were being accommodated to conduct their work on damaged homes, and said the dedication ceremony was groat. Mayor McCollum called recess at 8:45 p.m. and reconvened the meeting at 8:55 p.m. All membem were present. 6 Regular City Council Meeting December 8, 2004 Page Seven 11. OLD BUSINESS 04.220 A. 115-117 First Reading Ordinance No. O-04-20 Design Standards Wind Speed (City Attorney Transmittal 12/1/04, O-04-20) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 2§-31(a) TO DESIGNATE 140 MPH MINIMUM WIND SPEED STANDARDS FOR CONSTRUCTION; PROVIDING FOR APPLICABILITY, CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. The City Attomey read Ordinance No. O-04-20 by title. On MOTION by Mr. Barczyk, and SECOND by Ms. Monier, Ordinance No. O-04-20 was passed on first reading and public hearing set for January 12, 2004 on a roll call vote of 5-0. New B. Community Redevelopment District - Proposed Zoninq and Amendment-~ Ms. Monier recommended language to amend the City Code to allow alcoholic beverage sales at restaurants and retail stores for consumption off-site adjacent to churches. The City Attorney said an ordinance would have to be adopted, he further advised that bars would still be prohibited. It was the consensus of Council to have the City Attorney bring back an ordinance for first reading. Ms. Monier continued her input by recommending certain zoning classifications for the triangle zoning in keeping with riverfront zoning, and eliminating industrial zoning. (see handout attached) Mr. Coniglio said it was his understanding that Council would keep the zoning that currently exists but look at eliminating those uses that it did not want to see. Tape II, Side 1 9:14 pm The City Attorney concurred that an overlay was to be developed to prevent unwanted uses and the re-zoning would happen when the comprehensive plan is amended. Each council member is to report their preferences to the City Attorney by the end of the week for review by the Planning and Zoning Commission. 12. NEW BUSINESS - none. 13. CITY ATTORNEY MATTERS 04.247 A. 119 Road Maintenance Agreement (CA Transmittal 12/2/04) 7 Regular City Council Meeting December 8, 2004 Page Eight The City Attorney reported this agreement will be a paved access-way requiring approval. On a MOTION by Mr. Coniglio with a SECOND by Ms. Monier this agreement was approved by a roll call vote of 5-0. The City Attorney requested a date certain for hurricane cleanup to enforce public nuisance laws and code violations. The Mayor advised of slow insurance response and suggested a March/April cutoff except in endangered health cases. The City Manager stated the City is experiencing success in looking at case by case violators. The City Attorney asked Council to make nominations at the first meeting next year to fill Mr. Heptinstall's seat until the March election. Discussion took place on interested parties completing an application to present to Council in the next agenda packet. The City Attorney advised that Council could interview interested applicants. Finally, he noted that an ad has been placed in the paper for his legal assistant position. 14. CITY MANAGER MATTERS New A. Florida Enterprise Zone Proqram The City Manager requested that the Sebastian Municipal Airport be allowed to participate in Indian River County Chamber of Commerce's application (attached) process to be a Florida Enterprise Zone in which the City would receive many benefits. On a MOTION by Mr. Congilio and a SECOND by Ms. Monier the City Manager or his designee was authorized to participate in the Indian River County Chamber of Commerce's application process by a roll call vote of 5-0. He reported the Main Street boat ramp is open for business and the special use permit process is suspended to use the ramp. He wished Mr. Heptinstall all his best, everyone a happy holiday and thanked everyone for visiting and participating in the successful open house held today. 15. CITY CLERK MATTERS 04.060 Recognize AudioNisual 'q'eam" - Craig Jerome-IRC School Board, Ben Ensell- Complete Electric, Bob Barbour-Barbour Multimedia, Frank Losardo and Barbara Brooke -City of Sebastian MIS, and Dan Christy-Melody Music (nobeckup) The City Clerk read a statement outlining the events of setting up the broadcastJ audio system and gratefully thanked those mentioned involved in the project. She wished Mr. Heptinstall well. Regular City Council Meeting December 8, 2004 Page Nine 16. CITY COUNCIL MA'I-I'ERS A. MS. Monier 04.245 04.246 Stated the complex is beautiful and thanked staff for a wonderful day. Mr. Barczyk Stated a contractor changed his concept and is putting in storage units fronting CR512. The City Attorney stated staff is aware of the situation which may come before Council at a future date. The City Manager reiterated that staff is aware of this situation. He stated there are still quite a few citizens that are waiting for a FEMA trailer and FEMA plans to stay at the North County Library past Christmas. Asked for the regulation of boom boxes. The City Attorney stated there is a state statute the Police Department has been using. Stated there are children unaware of reflector safety while bicycling at night. Mayor McCollum Stated on Saturday, December 11th the Sebastian Gym is having a toy and blood drive. Thanked the City Manager and everyone for a successful event today. Congratulated Mr. Heptinstall for his public service. Mr. Heptinstall Stated his task on hand was unexpected. Told the citizens that each council member had their best interest in mind, and that it has been an honor serving with the council. He wished everyone a Merry Christmas. Mr. Coniqlio i. Code Enforcement Matters (no backup) Stated it was a shame that the City must hire Code Enforcement Officers to tell citizens to cut their grass, and would like to see stricter enforcement with less warnings. ii. Letter of Commendation (no backup) Requested a letter signed by each council member for each city employee for their service before, during and after the hurricanes for their personnel file. Regular City Council Meeting December 8, 2004 Page Ten Expressed concerns with obstructing the view and the safety of structures on the east side of Indian River Drive. Asked if the shoreline should be protected to prevent future erosion and roadway damage. Asked staff to report which sites would support development, could setbacks be changed, could the west side be offered for development instead of the east side; future site plans be brought to council, and could the City purchase land to help protect the east side. (see handout attached) Thanked the Sebastian Inlet Fraternal Order of Eagles for their donation of $50,000 for the Boys and Girls Club. He wished everyone a happy holiday. 17. Being no further business, Mayor McCollum adjourned the Regular Meeting at 10:20 pm. Approved at the Regular City Council Meeting. Nathan B. McCollurn, Mayor ATTEST: Sally A. Maio, MMC, City Clerk 10 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES MONDAY, DECEMBER 20, 2004 - 6:00 P.M. CITY COUNCIL bHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McCollum called the Special Meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Chief of Police, James Davis Growth Management Director, Trace Hass Human Resources Director, James Sexton SPECIAL MEETING ITEMS: a. NOTIFICATION BY MR. MOORE OF HiS INTENT TO RESIGN Terrence Moore, City Manager, stated his intent to resign and submitted his resignation letter (see attached). Each member of City Council commended Mr. Moore on his vision and for bringing the City into the future. Special City Council Meeting December 20, 2004 Page Two b. RECOMMENDATIONS ON AN ACTING CITY MANAGER Mr. Barczyk nominated City Attorney, Rich Stringer. Mr. Coniglio said he would like to have the opportunity to talk to some people about accessibility, time for meetings, someone who is here at least eight hours per day before he makes his decision. Ms. Monier agreed with Mr. Coniglio, had spoken to the City Attorney and would like the opportunity to talk to a couple of people. Damian Gilliams, 713 Layport Drive, Sebastian, recommended the City Attorney fill the position due to his familiarity with City issues. Ms. Monier questioned whether the City Attomey would be best utilized to review legal matters. Mayor McCollum said he would at least like to get a list of names of people who are being considered. Mr. Coniglio said he would like to speak to Human Resources Director, Jim Sexton, Police Chief Jim Davis, City Attorney Rich Stringer and City Clerk, Sally Maio. There were no objections to this list by Council members. Mayor McCollum called a special meeting for January 12th at 6:30 p.m. for selection of an interim City Manager. DISCUSSION ON ADVERTISING, AND GENERAL PROCEDURE FOR HIRING A NEW' CITY MANAGER The City Manager cited a packet of recruitment materials submitted by the Human Resources Director, and offered other methods available. He distributed a selection process flow chart (see attached). The Human Resources Director said selection of a City Manager is the most important decision that Council will make; and recommended against an executive search firm but rather the process take place in-house. He had included a rough draft timetable, which indicated a minimum of four months for the selection process. 2 Special City Council Meeting December 20, 2004 Page Three The City Attorney cited the City's experience six years ago when the last recruitment took place, cautioning the Council not to take resumes until there is a seated Council after the election so that resumes are not sitting too long and applicants lose interest. Council agreed with an in-house process. It was the consensus of City Council to conduct the Specia~ Meeting at 6 pm and to include submittal of qualifications for City Manager as the second item. The Human Resources Director was directed to provide to City Council members the City Manager's job description, Charter provisions relative to the position, and the language used in the last recruitment. Council agreed that they should conduct the screening and Mr. Coniglio suggested using video conferencing and requested a document listing what the City is losing by Mr. Moore leaving. It was the consensus of Council that March 14th would be the deadline for submittal of resumes, to utilize in-house recruitment, and to conduct a January 12th special meeting at 6 pm to appoint an intedm City Manager, and for Council to submit qualifications to Mr. Sexton. Being no further business, Mayor McCollum adjourned the Special Meeting at 6:58 p.m. Approved at the Regular City Council meeting. Nathan B. McCollum Mayor ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Authorization of Outstanding Easements for Louisiana Avenue Project Department Origin: City Manager Purchasing/Contracting: Finance Director: City Attorney: ~) ~. City Clerk: ~f~.~ Date Submitted: 01/04/05 For Agenda of: 01/12/05 Exhibits:. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: As we continue to implement the Louisiana Avenue Neighborhood Revitalization Program, it is necessary to acquire final easements from the following property owners so ownership can be transferred to thc City. Dale Ann Bermel Damien Gilliams Gary A. Laehowicz Harry MacGrotty John T. Curiale Mark G. & Denise L. Lund Merton V. D'fl~rd IH Tamara Gayle (Palmer) Stracke Coastline Development Inc. RECOMMENDED ACTION Move to authorize acceptance of easemem dedications from the above mentioned property owriers. HOMI~ O~ PELICAN L~LJ~D CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Purchase of 2005 Chevy Colorado Pick-up Truck Extended Cab. Agenda No. tr)~, O0 Department Origin: ~iiding Building Director: /~/~ Purchasing/C ont .racti~: .~~ Finance Director~_ ~- ~-~- City Attorney: ~ ~ City Clerk: ~ Date Submitted: 1/3/05 For Agenda of: 1/12/05 Exhibits: Florida Sheriffs Association Bid Award 04-12-0824 EXPENDITURE REQUIRED: FUNDS AVAILABLE: $13,760.00 $14,000.00 SUMMARY APPROPRIATION REQUIRED: None The Building Department is currently one vehicle short for the staffthat is required to perform field inspections. The Department has four full time Building Inspectors/Plan Examiners and the Building Director all of which routinely go out into the field on inspections. The Building Department is currently equipped with three small pick-ups with extended cabs and one full size pick-up. Base Price $11,045 Extended Cab $ 2,445 Limited Slip Differential $ 270 TOTAL $13,760 RECOMMENDED ACTION Move to approve the purchase of one 2005 Chevrolet Colorado Pick-up Truck fzom Garber Chevrolet, Inc., per Florida Sherkff's Association Bid Award #04-12-0824, in the amount of $13,760. FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 2005 CHEVROLET COLORADO Specification #25 (Compact Pickup Truck, 4 x 2) The Chevrolet Colorado truck (CS15403)) purchased through this contract comes with ali the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included arid made a part of this contract's vehicle base price as awarded by manufacturer by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $11,197.00 $11,045.00 $11,045.00 $11,098.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify .and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibifity into our program, we have created specific add/dcleto options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost aye prov/ded here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. LEGEND FOR DELETE/ADD OPTIONS Every Kn¢ will r e quire a DO LLAR VALUE or one of the following abbreviaSons: Std. = raanufacturer'sstandardequip. Incl. = included with base specs. NC = no addiSona] charge NA -- not applicable to the vehicle -- -- option not bid by vendor Bid Award Announcement (04-12-0824) VEHICLE: DEALER: ZONE: BASE PRICE: Colorado Colorado Colorado Colorado Champion Garber Chev. Gather Choy. Classic Western Northern Central Southern $11,197.00 $11,045.00 $11,045.00 $11,098.00 Order Code LK5 MA5 R6G UL5 Northern & Delete Options Western Central Southern Engine: 4 cylinder in lie~ of 5 or 6 cylinder $ 815.00 $ 630.00 $ 530.00 Manual in lieu of automatic "' $ 895.00 $ 450.00 $ 638.00 Air conditioning $ 520.00 $ 450.00 $ 400.00 AM/FM radio STD $ 125.00 $ 76.00 Daytime running lights STD N/A STD ABS brakes STD N/A S'fD Order Code S15603 ZQ6 ~S15643 S15653 ZCE USB 3K RS BDL A28 BUA BUC ASF ~Z82 G80 ISB Northern & Add Options Western Central Southern Engine: Cab & Chass.{Garber) N/A Engine: Utility Body[Garber) N/A Power windows/door locks N/A Speed control/tilt wheel $ 390.00 Battery, 650 CCA or greater STD Front license plate bracket STD Long bed model, minimum 83.4" inside N/A box length, with minimum 113.5" and maximum 118.0" wheelbase Jump seat for extended models $ 115.00 Extended cab model (2 door) N/A Extended cab model {4 door) $ 2,300.00 Full size spare tire $ 90.00 AM/FM radio with single CD . $ 710.00 Third key : $ 15.00 Rainshields $ 77.00 Heavy duty aluminum tool box $ 279.00 Bedltoer $ 177.00 Spray-on bedliner . $ 395.00 (Rhino or approved equivalent) Floor mats $ 25.00 Sliding rear window $ 115.00 Backup alarm $ 89.00 Back up camera with 3.5" LCD $ 1,299.00 {rear mounted camera to provide wide angle field of vision at rear of vehicle Side air bags $ 390.00 Heavy duty towing package up to 3500 lbs, $ 325.00 Limited slip differential $ 295.00 Manufacturer's model upgrade pkg. $ 1,800.00 (please specify pkg. bid) Fiberglass tonneau cover $ 987.00 (painted to match) Fiberglass cab high topper with front,.slde $ 1,197.00 and rear windows {painted to/hatch) Bid Award Announcement (04-12-1)824) $ 720.00 $ 3,120.00 $ 3,675.00 N/A $ 1,500.00 $ 500.00 $ 395.00 $ 390.00 N/C STD N/A $ 3,530.00 1,775.00 N/A 5,190.00 $ 2,445.00 (Crew cab) 2,345.00 $ 6,315.00 95.00 $ 95.00 INCL. $ 505.00 46.00 $ 40.00 65.00 $ 67,00 380.00 $ 425.00 190.00 $ 212.00 490.00 $ 485.00 35.00 $ 95.00 120.00 $ 120.00 89.00 $ 105.00 600.00 $ 725.00 $ 395.00 $ 395.00 $ 300.00 $ 270.00 $ 565.00 $ 270.00 $ 1,000.00 $ 1,115.00 $ 1,100.00 $ 795.00 $ 1,100.00 $ 1,375.00 VEHICLE: DEALER: ZONE: BASE PRICE: Colorado Colorado Champion ' Garber Choy. Western Northern $11,197.00 - $11,045.00 Order Code Add Options (cont'd) . GS LED-GS RVS LED-RVS RMS RMD 4-CS 4-CLED CSP60 CSP90 SPS6J PACH NEB GEM DSM Grill strobes Whelen, Federal or approved equivalent) LED grill flashing lights Whelen, Federal or approved equivalent) Rear view mirror strobes Whelen, Federal or apprqyed equivalent) LED rear view mirror flashing lights Whelen, Federal or approved equivalent) Roof-mount single amber strobe beacon Whelen, Federal or approved equivalent) Roof-mount dual amber strobe beacon Whelen, Federal or approved equivalent) 4 comer strobe amber bar Whelen, Federal or approved equivalent) 4 comer LED amber bar Whelen, Federal or approved equivalent) Comer Strobe Kits - Whelen Kit with 4 clear tubes, 6 outlet CSP 60w power supply, 2-15' cables, 2-30' cables Comer Strobe Kits - Whelen Kit with 4 $ clear tubes, 6 outlet CSP 90w power supply, 2-15' cables, 2-30' cables Comer Strobe Kits - Federal Kit with 4 $ clear tubes, 6 outlet SPS6J power supply, 2-15' cables, 2-30' cables Comer Strobe Kits - Federal Kit with 4 $ clear tubes, 6 outlet RICHOCHET power supply, 2-15' cables, 2-30' cables Comer Strobe Kits f Soundoff Kit witt~ 4 $ clear tubes, 6 outlet, 60w Nebula power supply, 2-15', 2-30' cables Comer Strobe Kits -* Soundoff Kit with 4 $ clear tubes, 6 outlet, 110w Gemini power supply, 2-15', 2-30' cables Complete set of shop manuals ONLY ' $ 5/75 Manufacturdr's Ex~ended Base Care $ Warranty ($0 deductible) See Page 1050 5/75 Manufacturer'p Extended Extra Care $ Warranty ($0 deductible) 5/75 Manufacturer's Extended Power Train $ Warranty ($0 deductible) Colorado Colorado Garber Chev. Classic Central Southern $11,045.00 $11,098.00 No.hem& Western Central Southern $ 269.00 $ 375.00 $ 355.00 $ 205.00 $ 360.00 $ 399.99 $ 307.00 $ 415.00 $ 399.00 $ 307.00 $ 420.00 $ 405.00 $ 164.00 $ 210.00 $ 325.00 $ 229.00 $ 235.00 $ 495.00 $ 459.00 $ 576.00 $ 895.00 $ 749.00 $ 866.00 $ 1,190.00 $ 349.00 $ 450.00 $ 495.00 366.00 $ 490.00 $ 515.00 364.00 $ 450.00 $ 495.00 419.oo $ 490.00 $ 545.00 359.00 $ 490.00 $ 515.00 449.00 $ 510.00 $ 575.00 159.00 $ 400.00 $ 250.00 650.00 $ 1,270.00 $ 795.00 795.00 $ 1,415.00 $ 650.00 435.00 $ 850.00 $ 435.00 Bid Award Announcement (04-12-0824) City of Sebastian, Florida Subject: Approval of Alcohol Sales and Road Closures for the Fine Arts and Music Festival Agenda No. Dept. Head: ~.~...~ Finance: Procurement: ,pi~roved for Submitta~l by: . ~r~/nager Date Submitted. December 27, 2004 /~/./~ ~ ~l~or Agenda of: January 12, 2005~/~ .==tidbits: l~tt~r from Sebastian River Area Chamber of Commerce EXPENDITURE BUDGET AVAILABLE: APPROPRIATION REQUIRED: None N/A REQUIRED: None Back,qround The Sebastian River Area Chamber of Commerce is seeking Council approval for all logistics associated with the Fifth Annual Fine Arts and Music Festival. The festival will be in the southeast area of Riverview Park with setup on January 28 and the Festival on January 29 & 30, 2005. The attached letter details the logistics for the Festival. Road closures include: Indian River Drive from Coolidge St. south to the south City limit, Sebastian Blvd. Just east of the Hess Station to Indian River Drive and Harrison St. from just east of Dry Cleaners to Indian River Dr. All road closures will be from noon Friday, January 28, 2005 until 8PM Sunday, January 30, 2005. Beer/Wine sales and consumption will be from 10AM until 6PM Saturday and 11AM until 4PM Sunday and will be limited to east of Indian River Drive in the food and music area. SUMMARY Move to approve Fifth Annual Fine Arts and Music Festival at Riverview Park January 28, 29 & 30, 2005. Move to approve the following road closures from noon Friday, January 28, 2005 until 8PM Sunday, January 30, 2005: Indian River Dr. from Coolidge St. south to the southern City limits, Sebastian Blvd. From just east of Hess Station east to Indian River Dr. and Harrison St. from just east of Dry Cleaners east to Indian River Dr. Move to approve beer/wine sales and consumption east of Indian River Dr. in the food and music area on Saturday, Jan. 29, 2005 from 10AM to 6PM and Sunday, Jan. 30, 2005 from 11AM to 4PM. .- CHAMBER OF COMMERCE December 16, 2004 Terrenee Moore, City Manager Cio' of Sebastian 1225 Main St. Sebastian, Florida 3295g Re: Fifth Annual Fine Arts and Music Festival Dear Mr. Moore: The purpose o£this letter is to '- '- request perm~ssinn to use the Riverview Park for the FiRh ~Annuai Fine Arts and Music Festival, sehaduled for'3anuary 29 and 30, 200 testi .val was rescheduled l}om the no Hurncane Frances rmal December even . 5. This and Jeanne. We are lookino e,....__~, t, due to .the ,mpaets of at our normal venue, utilizing the areas ,, -,,,,~ru ro presenting the juried art show contract between the City and of the park as we have in the past the Chamber, the City Pursuant to the Chamber with advert/sing, police and Park wil/continue to collaborate with the ' staff, which we greatly appreciate. We request permission to close Indian River Dr. at Coolidge to the southern end of the ,ne ary cleaners for public safety 'r~_ ~_,._. Al..~...we would harrieade · The parking area un Indian River Dr. will handicap parking with handiea aeee eb_.~,., ~o~va. ana Indian seetionofRivervie no.U __~P~_ .s. s only through the · . beusedfor We are requesting permission to al/ow alcohol sales, ' ~ oe used for food and music. area, on Saturday, from 10:00Am contained within the food and music to 6PM and Sunday from 11AM to 4PM. We look forward to this event, it is a very special festival for Sebastian residents, and v/sitors alike. We remain av~able for any would g~adiy participate in a staffm~g ife~oTents or questions you may have, and will have · so desire. We understand thru Council to review and grant the special requests we have made for this event, and we will be available at your convenience. Chairperson Beth L. Mitchell Executive ~ ,~or 700 MAIN STREET · SEBASTIAN, FL 32958'4199 PHONE: [772) 589-5969 ~1 FAX: (772) 589-5993 wwW'sebastianchamber, com CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Authorize City Manager to execute Agreement for Special Event/Blue Water Open with the Exchange Club of Sebastian for the 12th Annual Blue Water Open Sportfishing Tournament Agenda No. ~5. O0 q Department Origin: ~ Purchasing/Contracting: Finance Director: City Attorney: City Clerk: ~ Date Submitted: December 27, 2004 For Agenda of.' January 12, 2005 Exhibits: Park Use Permit Application and Agreement EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A None APPROPRIATION REQUIRED: None SUMMARY The Exchange Club of Sebastian is seeking Council approval to hold their 12~ Annual Blue Water Open Sportfishing Tournament at Riverview Park on Friday, August 5 and Saturday, August 6, 2005. All activities associated with this Special Event would take place east of Indian River Drive by the two new piers. This is the second year that the Exchange Club will use this site. The event last year was extremely successful and the Club would like to continue to use Riverview Park in the years to come. The City Attorney has drawn up an agreement for the City manager to execute with the Exchange Club for this event. The attached agreement outlines responsibilities of the Exchange Club and the City for the event. The Club would like to serve beer and wine at the Captains meeting on August 5 and during the weigh in on August 6. The Club will also be selling hats, T shirts, fishing and marine items along with hamburgers, hot dogs and sodas. They are expecting 100 boats to participate in the Tournament. RECOMMENDED ACTION Move to authorize the City Manager to execute an agreement for Special Event/Blue Water Open with the Exchange Club of Sebastian for their Annual Blue Water Open Sport fishing Tournament Move to approve the EXchange Club of Sebastian 12th Annual Blue Water Open Sportfishing Tournament at Riverview Park on Friday, August 5, 2005 and Saturday, August 6, 2005. Move to approve beer and wine sales east of Indian River Dr. from Harrison Street south to the/'"-~ City limit on Friday, August 5, 2005 and on Saturday, August 6, 2005. CITY OF 5£BA.FT£AN PARK USE P£RfYJ'T APPLiCATiON Please ch~ck tho apbroprlaLe Box: Address: .... .?--- Name of Organization or Group: /'))~b~ Will there b~ any sate of goods? Y~S~ ~ No If ye~. ple~e describe type of Boods on back, Food or other type~ of vendor~? ~es ~. No I1 ye~, plens~ 1}st name, ~Odr~s and type of vendors and ~chemat~c of any structure~ to be erected or otherwise mssembl~d on back. applicant or the authorized agent of the applicant. I further acknowledge that ] a~ aware of the provisions of the C~ty of Sebastian Codes.in respect to this applicat~on and the u~ of the City facilities for Hh~ch I have applied 9or a permit to aLto~ a Park Event or a 5pecia~ ~vent. I have made myself ~am~ar w~'th th~ Benernl rules and r~gu~at$ons prescribed by th~ City ;nd aBree to the terms of the permit, ~v~ltca~Bent Si. gnat,re orf~cc Use Only' P~rk Applicltton Continued - If RRqulrm~ OFFICE US~ ONLY: Special Conditions gf Parmit as Rcquestad by City--er CiTY OF SEBASTIAN PU.L= WOEKS/ENGINEERJ.~ 1 ? 1 1 RECEIPT Amount Pai~ 001O0~ 208O01 O01501 322050 001501 322900 O008O0 001501 341910 001501 34192O 001501 3621O0 001501 3621O0 001501 362150 680O00 220681 O000O0 220682 650800 2206~3 Sales Tax Ddveway Pem~t L__., ~ . U __ Street Open~j Permit & Engineemg Faes S~tOpe~g ~ De~i~ ~ing ~p Copies Co~u~ Center R~ Ya~t Club Rent ~ ~ Club ~ ~ ~,,~'~ Total Paid ~ ~ O, O O AGREEMENT FOR SPECIAL EVENT/BLUE WATER OPEN This agreement entered into this __ day of January, 2005, between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called" CITY"), and THE EXCHANGE CLUB OF SEBASTIAN, INC. (hereinafter called "CLUB"), provides that WHEREAS, CLUB has for years been the sponsor and organizer of the Blue Water Open Sportfishing Tournament; and WHEREAS, the event has grown, and a larger venue is needed for the event; and WlIEREAS, CLUB and CITY agree that it would be advantageous to hold the event in the area of the new piers at Riverview Park; THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and promises provided herein, the sufficiency of which is hereby acknowledged by the parties, it is agreed: 1. The CLUB, with CITY sponsorship, shall be permitted to host the 12th Annual Blue Water Open Sportfishing Tournament at Riverview Park on August 5th and 6th, 2005 with a rain date of August 12t~ and 13th, 2005. 2. CLUB shall organize and administrate all activities associated with said Event in compliance with all applicable ordinances, statutes, health codes and other governmental regulations and subj eot to the safety controls of the Sebastian Police Department, Fire Marshall and Health Department. 3. CLUB will be permitted to place up to 4 tents for registration, food and drink station, merchandise sales oft-shirts and fishing related items, and a weigh station, as well as placement of a stage at the site, all as shown in the schematic attached as Exhibit 4. CLUB shall additionally be allowed to park a RV to use as the Tournament headquarters in the area adjacent to the piers in the park. 5. CITY shall provide bleachers and extra trash receptacles for the Event. 6. CLUB will provide port-o-lets and clean up crews for the Event. 7. CLUB is authorized to serve beer and wine in conjunction with the Event, and shall obtain all necessary permits to do so. 8. CLUB shall obtain liability insurance coverage, including coverage for serving alcoholic beverages, in the minimum amount of $200,000 per occurrence with umbrella coverage of $1,000,000. The CITY shall, be named as an additional insured to said coverage. 9. CLUB agrees to indemnify, defend and hold CITY harmless from any and all claims of any nature arising from the Event or from CLUB'S exercise of the privileges and obligations set forth hereunder. AGREED to on the date first set forth above. CITY FO SEBASTIAN, EXCHANGE CLUB OF SEBASTIAN A Florida municipal corporation By: By: Terrence R. Moore, City Manager Its: Attest: (Seal) Approved as to Form and Content for Reliance by the City of Sebastian Only Sally A. Maio, CMC City Clerk (Seal) Rich Stringer, City Attorney *** EXHIBIT A *** Park Appllcallon Contlnumd - If Required List ~pj vendor ~nformatton and/or schematics on this OFF]CE USG ONLY: Special Condltfo115 o~ P~r~tt as Requested b~ City ~an~er City of Sebastian, Florida Subject: Resolution No. R-05-02 Vacation of Easement - RuggianofPerry Lots 9 & 10, Block 71, Sebastian Highlands Unit 2 ~~~Approve for.$'~ /" lby: ' anager Agenda No. Department Origin: Growth Manage~ Purchasing/Contracting:. Finance Director: City Attorney: City Clerk: Date Submitted: 1/5/05 For Agenda of: 1/12/05 Exhibits: 1) R-05-02 2) Site Map 3) Staff Report 4) Application 5) Utility Letters EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIKED: None SUMMARY This is a request for a vacation of the side public utility and drainage easements located on the western six (6) feet of Lot 9 and the eastern six (6) feet of Lot 10, Block 71, Sebastian Highlands Unit 2, 421 Layport Drive, less the northern most ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. This request does not abandon any part of the rear 10' drainage easement. RECOMMENDED ACTION Make a motion to adopt Resolution No. R-05-02. RESOLUTION NO. R-05-02 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASENIENTS OVER LOTS 9 AND 10, BLOCK 71, REPLAT OF PORTIONS OF SEBASTIAN HIGHLANDS UNIT 2; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WltEREAS, a building permit is sought for construction of a new single-family residence at 421 Layport Drive within the City of Sebastian; and WHEREAS, the owners of the land upon which said improvements shall be built have filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The western six (6) feet of Lot 9 and the eastern six (6) feet of Lot 10, less the northern most ten (10) feet thereof, all being in Block 71, Replat of Portions of Sebastian Highlands Unit 2, as recorded in Plat Book 6, Page 89-B of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. conflict herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. EFFECTIVE DATE. immediately upon its adoption. The foregoing Resolution was All resolutions or parts of resolutions in This resolution shall be recorded in the public This resolution shall take effect moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Nathan McCollum Vice Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisaune Monier The Mayor thereupon declared this Resolution duly passed and adopted this day of ,2005. CITY OF SEBASTIAN, FLORIDA By: Nathan McColhim, Mayor ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, C~ty Aff_~ney Ld l,' ~. O~ [P~ % LAyp_OP_.'T ..DRIVE - 50'_R/V'/ IJ~s CP.~PTION Lots 9 and 10, Block 71, R~plat of Polrfions of SEBASTIAN HIGI-LLAND S, Uni£ 2, ~ ABANDONMENT OF EASEMENT Staff Report Project Name: Residence for Robert Ruggiano & Linda Perry Requested Action: Abandonment of the side public utility and drainage easements located on the western six (6) feet o£Lot 9 and the eastern six (6) feet of Lot 10, Block 71, Sebastian Highlands Unit 2, less the northern most ten (10) feet thereof. 3. Project Location: a. Address: b. Legal: 4. Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 421 Layport Drive Lots 9 & 10, Block 71, Sebastian Highlands Unit 2 Robert Ruggiano & Linda Perry 599 Lake Drive Sebastian, Florida 32958 Perugini Construction, Inc. 3200 43rd Avenue, Suite 4 Vero Beach, Florida 32960 Project Description: a. Narrative of proposed action: Application has been made for abandonment of the side public utility and drainage easements platted on the western six (6) feet of Lot 9 and the eastern six (6) feet of Lot 10, Block 71, Sebastian Highlands Unit 2, less the northern most ten (10) feet thereof. The clients wish to construct a sIngle family dwellIng on a double lot. o b. Zoning: c. Future Land Use: d. Existing Land Use: Utilities Comments: fl. b. d. e. RS-10 LDR Vacant Florida Power & Light: approved Bellsouth: approved Comcast Cable: approved Indian River County Utilities: approved City Engineer (drainage): approved Growth Management Department Comments: None StaffRecommendafion: Approve Resolution R-05-02. Prepared by Date Permit Application No.__ City of Sebastian Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: ~ · Address: , ' J Phone Numben ( ) FAX Numben 77;- 777-'£?~& (77a) 77)- ?£/~C- E-Mail: / Owner (If different from applicant) Phone Number, ( ) FAX Number. ( ) E-Mail: J Type of perm~t or acfion requested: fA~t3'Nh PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMiT OR ACTION THAT YOU ARE REQUEST3NG. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'i-i'ACHED AND 81/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUOED. A'i-rACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. iA. Project's Name (if applicable): B. Site Information Indian River County Pamel ~. Zoning Classification: Subdivision: · ' 51-3~-}A.- C)'OOO~..- O/-7o- oooo~1, 0 Future Land Use: Existing Use:~,~ J~4 hi' ~ C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if DATE RECEIVED: ..~ / ~;~'-/ O~ FEE PAID: RECEIVE~BY '~ JF~t~ CD-200'I Paqe ~ of 3 Development Application Approved: 08/27/g7 Revision: File Name: Don Permit Application No... D. Project Personnel: Agent: Address ~hon~ ~um~en ( ) F~ ~um~e~ ( 77~ 77F- E-Mail: 77o~- 77£- ?~'/~-" Attorney: Name: / Address Phone Numbe~ ( FAX Number. ( ) E-Mail: Engineer: Phone Number. FAX Numben ( ,7.7~)_,~g-~_ ~? Surveyor:. E-Mail: I, /~'~5~-'Tg..T- ~ ~<~l~-/v"O , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT;. ~. I AM THE OWNER AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPER'FY DESCRIBED WHICH IS THE SUSJECT MAi IER OF THIS APPLICATION, AND THAT ALL THF.//INFORMATION MAPS¢ ~ AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE SIONA'TURE~- ~ . DATE ' WHO 18~E. ER~SONALLY~O ME OR PRgpUCED AS iDENTiFICATION, THIS ~/'~' DAY OF~, 1 0' c~1~[:~)~' ..~ ~. Kimbe~yXnnWadd~ll · c~ My Commission DD050270 PRINTED NAME OF ~OTARY ~'~ COMMISSION NOJEXPIRATIJ~N.,~ ~3 '~ - ~ ~ ' Form CD..2OO'I Pa~e 2 of 3 j Development Application Approved: 08/27/97 Revision: J File Name: Doa Permit Application No. The following is required for ali comprehensive plan amendments, zoning amendment (including rezoning), site plans~ conditional use permits, special use permits, variances, exceptions, and appeals. ~/~JE,~ THE OWNER(S) THE'LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRISED WHICH IS THE SUBJECT OF THIS APPtJCAT~ON, HERESY AUTHORIZE EACH AND EVERY MEMEER OF THE E~OARD./OOMMISSION OF THE CITY' OF SEBASTIAN (THE "BOARD'/'COMM[S$1ON") TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WFTH MY/OUR PENDING APPLICATION. I/~/E HERESY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNR'ED STATES CONSTITUTION WERE V~OLATED aY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SI~GNED BY MF~S VOLUNTA_.~Y AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROIV~E~ ANY EMP~LOYE~,/t~NT, C_~ON'~F~CTOR O~FFI~L OF ~E CI~ OF SEBAS~AN. SI ' DAT who is ~~tp me or produced as identifi~tion, this /3~ day of ' D ~ ~ C~ssi~ DD050270 Pdnted Name of Nota~ ) ~'~? Commission NoJ~piration Seal: Form CD-200'I Padre 3 of 3 DeveJopment Application Approved: 08/27/97 Revision: File Name: Doe 7~25892.~ 12/2722004 ~.3:i2 7725892566 CITY OF SEBASTI¢~4 PAC~ 01/04 1225 MAIN STREEt m SEB~fiAN, FLORIDA ~9~8 ~LE~HONE (~2) ~9-5518 ~O~T FOR AB~O~ OF Nov~mb~ 22, 20~ De~on ~E~sement to be ab~doned: ~e public u~lJ~ an~ ~na~ ~t 1~ on ~ w~ si~ (~ t~t of~t 9~ ~c c~t~ six (6) feet o~,t 10, Block 71, Scb~a~ ~& U~t 2. l~s ~ mo,st ~n (10) ~oca.on ~f ~Kqe.~nt:' ~ ~. Drive, S~fian, Florida Return ~o: Dom Bo~worth~ City of Sebastian, Growth Management Department Fax No, (772) 388-8248, T00fl ~OT' ON 8~E888£ELLI + BNI~BNIBNH'd'~ LS:40 ~00E/6~/~I 11123/04 TUE 14:18 Ft~ 772 I;67 8449 C0ECAST 11/23/~084 12:48 77258~25h!, GITY IF SEBASTIAN PAG~ 12~i IIIAIN STREET · SEBASTIAN, F .ORIDA 32958 TELEP~,OhlE [772) 589.8518 I FAX (~2) ~8~24B l~OU~,s? E! )_~ AB/uNI)O~O,g~NT,QI: EASEMENT N )vember 22, 2004 D_~tioa ef E~t te_l!.~ abandoned: Tb,~ public ntility and drainage easement located on thc w~stem six (6) fo ~1 ~f Lot P ,and tho eastern six (6) feet Of Lot 10, Block 71, Sebastian glighlands Unit 2, l~s~ ~ae northern most ten (10) fc ¢~ thereof, L ~.~;~.~]tl~ ,::2] Lay~ort Dray% Sebastian, Florida U FILITY.' Craig Bowers/5 raise Shaw, Comcast Cab e FAX NO: 778-9635 /"5__ ~ 001/001 01/~5 Dorri Boswortl:, City of 5~astian, G~owth Managcra,~=at Department Fax No. (772', i 88-8248. 1225 MAIN STRDDi' . $I:SA~ii'IAN, FLORIDA 32955 REOUEST FOR ,M~IAINDO,%~IENT OF EASEMENT November 22 2004 Deseriotio.. of Ea~ementJ~ .b_e Rb. andoned: The public utility and ~inage ~mmr loea~ ov thc w~s~m s~ (6) feet of ~t 9 and ~he e~m six (~ feet ofL~ 10 Block 71, Sebastian Hi~lmds Unit 2, ]e~s ~e no~ most tm (10) f~et ~of. Location of Easegnent: 42I Layport Drive, Sebastian, Florida David t~'isher, City, Engineer ~ DENI'~D: ~AX ~O: 589-6209 Dom Bosworth, City of Sebastian, Growth Management De'partment Fax No. (772) 388-$248.~ Dec O1 O~ 09:lSa I~,~ian River Utilities 11/2~/2004 12:43 772589~1566 CITY OF ~TIAN P~C.~ 03/0§ HOME. Of tq~;LtCAN ISZAND 122~ MAIN ~IREET · ~EBASTIAN, FLORIDA 32958 1ELEPHONE (772) 589-..~18. FAX (772) 388-8248 REQU~,~;T FOR ABANDONMENT OF EASEMENT Novcmbe~ 22. 2004 Description of Ensemem: to be ab~,ndoned: The public ~ ~d ~m~ge ~t lo~t~ on · e w~em s~ (6) f~ of Lot 9 and the c~tem six (6) feet of Lot ~ 0, Block 71, S=basfi~ Hi~l~ Unit 2, less ~e no~ most tan (10) feet the~f. Locaiioa ore e t' 42t Layport Drive, Sebastian, Florida UTCILITY: Kev~ N, Osthus, LR.C. Utilities APPROVED: ~ APPROVED/DENIED BY: (si~a~) FAX ~0: 770-~143 / to: Dom Bosworth, City o. Sebasuen, Growth Management Departmex)t'~ ·, / 09/10/2003 88:34 5614896224 ST LUCIE SVC CTR PAGE 81 . 11/23/~04 12:45 7725582566 CITY OF ~B~rlAN PA4iE 81/~5 MAiN ,~T~EET · SEBASTIAN. FLOIUDA329~'~ TELEI~ON5 (77,~ ~19-~18 · FAX [~'~) 388-8248 REOUEST I~OR.AB~ON1V~ENT OF [ASEM~NT Nov~nbsr 22, 2004 DescrJntlon of Easement to be lbsndoJ~f~l~ Thc public u~ility and ~ ~ent l~a~ on · e west~ six (6) ~t ofL~ 9 ~d ~ ~ s~ (6) ~ of Lot ] O, Blo~k 71, Seb~ti~ Hi~ds Un~ 2, less ~c n~ m~ ~ (lO) ~t ~. Location of Eaxomant: 421 Layport Drive, ~eb~tian, Florida LoI~ILITY: Cathy I(~mp, FPL FA~ NO: ('/7~) 4~9-6~A APPROVED'. X D~TIF.,D: DATE: ~.~~ ~ COMMENTS: ~.¢tum to; Dorri Boswoffit, City of Sebastian, Growth Management D~arun~at No, (772) 388-8245. City of Sebastian, Florida Subject: Resolution No. R-05-03 Vacation of Easement - Ames Lots 22 & 23, Block 159, Sebastian Unit 5 Agen No. Department Origin: Growth Manage~ Purchasing/Contracting: Finance Director: City Attomey: ' Clerk: Date Submitted: 1/5/05 For Agenda of: 1/12/05 Exhibits: 1) R-05-03 2) Site Map 3) StaffReport 4) Application 5) Utility Letters EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None REQUIRED: None SUMMARY This is a request for a vacation of the side public utility and drainage easements located on the western five (5) feet of Lot 22 and the eastern five (5) feet of Lot 23, Block 159, Sebastian Highlands Unit 5, 973 Jamaica Avenue, less the southern most ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. This request does not abandon any part of the rear 10' drainage easement. RECOMMENDED ACTION Make a motion to adopt Resolution No. R-05-03. RESOLUTION NO. R-05-03 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 22 AND 23, BLOCK 159, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a new single-family residence at 973 Jamaica Avenue within the City of Sebastian; and WXtEREAS, the owners of the land upon which said improvements shall be built have filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and VOtEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The western five (5) feet of Lot 22 and the eastern five (5) feet of Lot 23, less the southern most ten (10) feet thereof, all being in Block 159, Sebastian Highlands Unit 5, as recorded in Plat Book 5, Page 102 of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. conflict herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. EFFECTIVE DATE. immediately upon its adoption. The foregoing Resolution was All resolutions or parts of resolutions in This resolution shall be recorded in the public This resolution shall take effect moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Nathan McCollum Vice Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier The Mayor thereupon declared this Resolution duly passed and adopted this day of ,2005. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Nathan McCollum, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for relianc~02ly ~.e City ,of Sebastian only: Rich Stringer, City Atto~_Jy ABANDONMENT OF EASEMFJNT Staff Report Project Name: Requested Action: Residence for Clive R. Ames Abandonment of the side public utility and drainage easements located on the western five (5) feet of Lot 22 and the eastern five (5) feet of Lot 23, Block 159, Sebastian Highlands Unit 5, less the southern most ten (10) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 973 lamaica Avenue Lots 22 & 23, Block 159, Sebastian Highlands Unit 5 Clive R. Ames 14 WesWiew Drive; Woodford Green Essex 1 G8 8U0 England MGB Construction, Inc. 945 Sebastian Boulevard, #3 Sebastian, Florida 32958 Project Description: a. Narrative of proposed action: Application has been made for abandonment of the side pubhc utility and drainage easements platted on the western five (5) feet of Lot 22 and the eastern five (5) feet of Lot 23, Block 159, Sebastian Highlands Unit 5, less the southern most ten (10) feet thereof. The clients wish to construct a single family dwelling on a double lot. b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: Vacant Utilities Comments: a. Florida Power & Light: b. Bellsouth: c. Comcast Cable: d. Indian River County Utilities: e. City Engineer (drainage): approved approved approved approved approved Growth Management Department Comments: None Staff Recommendation: Approve Resolution R-05-03. Prepared by i)ate //5-/t~- permit ,~o~l,'~on Ne., City of Sebastian Development Order Application Applicant (If not owner, written autho~on (notarized) from owner is reclulmd} Name: Clive R. Am'es Address: 14 Westview Drive; Woodford Green, Essex IG 88OU England Phone Number:. ( ) FAX Number. ( ) 01144208-551-4364 E-Mail: Owner {if different from applicant} Name: same Address: Phone Number:. ( ) FAX Number:. E-Mall: I Typ~ of permit or action.request, ed: Abandonment of PU&DE between Lot 22 Block 15.~nit 5 Sebastian Highlanas and_or 23 Block 159 Unit 5 Sebastian Highland.~ PLEASE COMPLETE ONLY THOeE ~EC'I3ONe WHICH ARE NECESSARY FOR THE PERMIT OR ACllON THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, 8U RVE'Y8, DRAWING-~, ETC. SHALL BE ATTACHED AND 81/2' BY 11 ' COPIES OF ANY ATTACHMENT8 SHALL 8E INCLUDED. ATTACH THE APPROPRIATE SUPFLEMETAL INFORMATION FORM. IA. ProJect's Name (If applicable): Ames B. SIts Irdonnatlon Address 973 Jamaica Avenue Lot:22&23Block: 159 Unit: 5 Indian River County Parcel ~ Subdivision: Sebastian Highlands 31-38-14-00002-1590-00022.0 & 23.0 Zoning Classification: RS Existing Use: vacant land Future Land Usa: single family residence Proposed Use: single family residence lC. Description of proposed activity and purpose of ~e requested permit ar action (--::--ch e:~'a sheets if necessary): abandonment of P.U.&D.E. between Lots 1 & 2 Block 6 Unit 1 Sebastian Highlands for construction of SF house over the lot line DATERECEIVED:~/I /~/.__~ FEE PAiD: $..~'O ,~4) RECEIVED BY; '~ ~ I Fm-m C,D-200'/ I .='a~ f m'3 Approved: 0&'"27,t'37 Revf~m~: File Name: Dee D. Project Personnel: Agent: Name: William Ballough Addr-~s.~ 945 Sebastian Blvd.; Sebastian, FL 32958 Phone Number. ( )' ' 589-'7472 FAX Numben ( E-Mall: Permit ApplicOn No,,, 589"-O663 Name: N/A Phone Nu~. ( ) E-Mail: FAX Number. ( Engineer. Name: Ron Keller Address US 1 Sebastian, FL 32958 Phone Numl~r: ( ) 589-0'712 E-Malh FAX Number. ( 589-6469 Surveyor: Name: Cecrle Land Surveying], Inc Address 10749 US 1 Suite A; Sebastian, FL 32958 Phone Numben ( ),.,~ ,.,~._,,'~RS-~R')n FAXNumber. (' E-Mail: ) 38820520 I, , BELNG FIRST OULY SWORN, DEPOSE AND SAY THAT:. AM TIlE LE~aM. RI~aRESENTA'i'I~ OF ~ OWNER OF THE PROPERTY DESCRIBED WHICH I~ THE aU~IF..CT MATTER OF THIS A~PUCA710N, AND THAT AII THE INFORMATION, MAJ', DATA AND~OR ~K~'TCHE$ PROVIDED IN THIS AF'FUCATION ARE ACCURATE AND TRUE TO THE BF...~T OF MY' I~flOWLEOGiE AND BELIEF, b'~NORN T~ AND SUBSCRIBED BEFORE M~ BY ~ WHO 18 PERSONALLY IG~ TO ME OR PRODUCED ASlDENTIFIDA~ON, THla '/~ DAYOF /~°b/¢)'~,/~e/~ NOTARY~S SIGNATURE ~ ~~ ~"~. ~ 1 Pen'nE Application No._ The following Is required for all comprehensive plan amandmentss zoning amendment (IncJuding rexnning), site plans, conditional use permits, special use permitst variances, ex~eptfonsv and appeals. S~U~E.ECT OF THIS APPUCATION, HERE,BY ALrr'HORIZE EACH ANn EI/ER¥ MEMBER O, E, , THE OWNER(S) THE LEGAL RF. PRESENTATNE OF THE OWNER OF TT~E PROlaER'I'y DESCRIBED WHICH I$ TIlE BOARD/CoMi41$3ION OF'THE Cfr( OF SEBASTIAN ('THE 'BOARO'/'COMMIS$1ON~ TO PHY,SrCAL.LY ENTER UPON THE: PROP~cRTY AND VIEW THE PROPERTY IN CONNECT]ON INI'TH MY/OUR PENDING APPUC, ATION. IJVVE HEREBY WAIVE ANY OBJECTION OR DE,eEH~ ~dWE MAY HAVE, OUE TO THE QUA~I-JUDICIAL NATURE OF TH; PROCEEDINGS, RESULTING FROM ANY' BOARD/~4~IIS$10H MEMBE~ ENTER)NG OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR A$SER'T~ON THAT MY/OUR PROCEDURAL OR SUBS'T~ DUE PROCE~ RIGH'rs UNDER THE FLORIDA COHSTITUTION OR THE UN['r'ED ~'~rA'i'E~ CONs'rITU'rloN ~RE V~OLATED E~' SUCH ENTEJaJNQ OR V~'Wli~3. THIS WAP,/ER AND CON$ENT 18 B~NG 81GNED BY IdE/U8 VOLUHTARIL¥ ~O NOT ~ A RESULT OF A~ COER~H APPU~, OR PR~I~ ~E, ~ A~ ~, A~, CO~CT~ OR O~ OF ~E C~ OF ~m to a~ ~ ~fom me by ~//ge ~o ~ ~nal~ ~ to me or p~ ~ ~ o ~ ~ PU~ Name ~ N~ ~; ~ ~. ~ ~ e ~ Commi~ion No~on Seal: Permit Appllcatlo~ Na. Supplemental Information Easements, vacation of Describe the easement to be vacated (provide a Ie~nl description, if pos.~lble): 5' P.U.&D.E. on West side of Lot 22 Block 159 Unit 5 Sebastian Hi~lhlands 5' P.U.&D.E. on East side of Lot 23 Block 159 Unit 5 Sebastian Highlands ~ Why is this vacation of an easement being request? Construction of a single family house over the two property lines 12/27/2004 13:12 772589~5~6 OITY OF SEt~STIC~N P~G~ tlOMl~ O~ 'PrdJCAN 1.~..~g MAIN STREET · SEBASTIAN. FLOR1DA 329~ti TEL'E?HONE (772) 587-n.,r1B · FAX (779) Nov~rnbcr 22, 2004 Description of Easement t~ be abandoned: Thepublic utilkyand drainage easement Ioe. a~ on the western five (5) feet of Lot 22 and the easte~m five (5) feet of Lot 23, Block 159, Sebastian Highlands Unit 5, 1Ns the southeam most ton (10) feet thexeof. ~efalJ~Pggf Easlment: ~J~rk WaiSt, ~ll Sou t?Drive' S eb astian'FF1 °AJ~iNdao: 772-466.~6~;lt COMMENTS: l~'0~ll to: Dorri Bosworth, City of Scbastitm, Growth Management Department Fax No. (772) 388-8248. ~O~'ON 09/10/2003 00:34 5G14896224 ST LUCIE SVC OTR PAGE 01 1~/2~f2~0~ 12~45 7720092566 C~TY 0¢ S~T~ P¢~ 8~/05 FIO~ OF P~C~ 1225 MAIN STREET · SEBASTIAN, FLORIDA 32?58 TELEPHONE {772) 589-5518 · FAX (772) 388-8248 REQUEST FOR ABANDONMENT OF EASEMENT November22,2004 Description of Easement to be abandoned: The public utility and drainage easement located on the western five (5) feet of Lot 22 and the eastern five (5) feet of Lot 23, Block 159, Sebastian Highlands Unit 5, less the southern most ten (I0) feet thereof. Location of Easement: 973 Jamaica Drive, Sebastian, Florida UTILITY: Cathy~emp, FPL APPROVED: DENIED: APPROVED/DENIED (sigiiamre) FAX NO: (772) 489-6224 COMMENTS: Return to: Dorri Bosworth, City of Sebastian, Growth Management Department Fax No. (772) 388-8248. 11/23/2004 12:58 7725892566 CITY OF SEBASTIAN PAGE 85/86 HOIWE OF ~ IST. A~D 1225 MAIN STREET I SI~BASTiAN, FLORIDA 32958 TE~U:PHONE (7~ 589.~8 ~ FAX (772) 388-8248 ~O~ST FOR ABA~O~NT OF EASE~NT November 22, 2004 Descriutlon of Easement to be abandoned: The public uffiity and drainage easement loeat~ on thc wcstern five (5) feet of Lot 22 and the eaatem five (5) feet of Lot 23, Block 159, Sebastian I'tigh.lands Unit 5, less the southern most ten (10) feet thereof. 973 Jamaica Dxive, $~bastian, Florida UTILITY: Dav/d Fisher, City Engineer APPROVED~/~' D]~NIED: COMMENTS :_ F~ NO: 589-6209 Ketura to: Dorri Bosworth, City of Se. bastian, Growth Management Department Fax No. (772) 388-8248. Dec 02 04 08:26a Indian River Utilities ??2 ??0 5143 p.1 HOM~ OF t~U~,N ~ 122~ MAIN STREET · SEBA~'I'IAN, FLORIDA 329SB '~T:LEPHONE (772) .585-.~18 n FAX (772) 38R-824R KEOUEST FOR ABANDONMENT OF EASE~ Novcrabcr 22, 2004 ])~scripti0n of Easement', to be nbsndoned: The public ~tilii-j and drainage ~as~rneot located on the w~'tem five (5) fern of Lot 22 and the eastern five (5) f~t of Lo~ 23, Block 159, Sebastian Highlands Unit 5, less the southern mo~ teu ( l O) £~et thereof. Loeafloe of Easentept: 973 Jamaica-I~/~, Sebastian, Flor/da UTILITY: Kevln N. Ostu~, I.R.C, Utilities APPROVED: /~, DENIED: (si~aturc) FAX NO: 770-5143 / R.¢lum to: 11/23/04 TUB 14:29 //23/5004 12:4B FAX 77l !;87 8449 COMCAST CITY £F ~E~t~ST]AN ~001/00! PAC~ 84/85 1:;2~ ~A N STRL'~'T w SEBASTIAN, I:tORIDA 32958 'rE LE:PIIO qE (772) .q89-$518 '~ fAX 17'72) N ~vembcr 22, 2004 D ~cri of Easement Lo!.~e.~ ba~doned: Thc public ut/li~, and dr~nago e~anent ]oc*t:d on the western five (5) fc~ ~fLot 22 and the ea~te-n five (5) f~et of Lo~ 23, Block 159, Sebastian I-ILghlandi ':Jnit 5, less the southern most ten (10) £,et thereof. L ~ca~ion of E~emeat: I~ 73 Jamaica Dxive, Seb~tis l, Flo~da U FI~,IFrY: Craig Bowers/C, e[ie Shaw~ Comcast Cab e FAX NO: 778-963~ C Doral gosw,3r~ Cty of Sebastian, Growth ~1 am~gement Departmont Fax No. (772) 2. ~$,8248. MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Change Order Number 2 for Clear Runway 9-27 Safety Areas. Agenda NO. 05. 0 I Z Department: Department Head: Purchasing/Contracting: Finance Director: -Giey~ATtbrney: City Clerk: Airport I Date Submitted: 1/5/2005 For Agenda of: 1/12/2005 Exhibits: (2) - Change Order Request, Letter from LPA Group. EXPENDITURE REQUIRED: $ 20,950 AMOUNT BUDGETED: $ 338,000 APPROPRIATION REQUIRED: $0 SUMMARY In late 2002, the City of Sebastian entered into a contract with All-Rite Paving, Inc., to clear the safety areas (land off the ends of the runway) for the upcoming activation of Runway 9-27. As you may recall, the provisions of the contract allowed for the J&S Aviation facility to be demolished and the Velocity Service Centex' to be disassembled for airport to later reassemble and use as a maintenance facility, under a furore contract whenever such funds were available. All-Rite Paving was to complete the above work in January of 2004, but was unable to due to the fact that both tenants were still occupying their facilities. In an effort to maintain good business relations, both tenants were allowed to remain in their facilities until they finalized arrangements for their relocations. Both tenants were further delayed by the two recent humcanes that struck our area. In addition to this,/-----'--~ Humcane Jeanne destroyed the Velocity Service Center building that was to be furore maintenance facility. Now that construction on Runway 9-27 is very near completion, time is now drawing near to the remove the both of these buildings and complete our contract with All-Rite paving. Unfortunately, these delays coupled with the recent storms result in an increase in cost as well as a change of scope for the project. Essentially, now that the Velocity hangar has been destroyed, we can no longer use it and it therefore must be demolished and removed. As I'm sure you're aware, demolition and hauling costs have significantly increased as a direct result of the storms. All-Rite Paving has requested an increase of $20,950 to cover their added expense for demolition and haulmg costs for both the J&S Aviation and Velocity Service Center facilities. This fee has been reviewed by airport staff and The LPA Group, Inc. and was found to be consistent with other prices for similar work being bid around the State of Florida. It is therefore staff's recommendation for Council to authorize Change Order #2 with All- Rite Paving for $20,950 so that work can begin on January 17, 2005. The good news is that airport staff anticipated this increase and was able to get it funded under our recently authorized Hurricane Relief Grant through the Federal Aviation Administration. Tlfis is 100% fimding, so there will be no cost to the City of Sebastian. Upon completion of this work, which should be in late January or early February, we can officially open and activate Runway 9-27, an effort which has taken over three years and several million dollars to accomplish. This is the final step in this complex project, and it's completion will result in the reconfiguration of Sebastian Municipal Airport to the benefit of our residents concerning both its compatibility with our community as well as our city's economic development. When complete, this achievement is something that you can be very proud of, as this entire effort is something most communities can only dream of. Airport staff and representatives from All-Rite Paving will be available during your January 12, 2005 regularly scheduled meeting to answer any questions you may have. RECOMMENDATION Move to authorize Change Order Number 2 to contract entitled "Obstruction Clearing, Runway 9-27" between All-Rite Paving Contractors Inc. and the City of Sebastian for $20,950.00. 11-01-0 City of ]225 Atm, Alt*fit~ D~moH aad All .rile W~ h~ comple deviati( Respoc~ M~kG All-Rit~ All-rite Paving Contr actors, Inc. 2440 NvW 16~ ~lreel Pompano BeaCh, Fl. 33069 eba~fian fin Street m F1,32955 on Milewski, C.M., Airport DIreai~r 4am¢, Runway Obstruction Clean,g, Rmlway 09-27 VISED Change Order Request, UAi~ ~nge~' ~a~g Con~ ~. ~y ~ub~i~ s~ifi~o~ ~d c~i~ for; ~on of 80~x 120 m~l b~ldi~ ~d a~h6d offices, ~pmxima~ly 9,~ ose Io r~c ~¢ ~fim~er ~lls ~d intefi~ w~h ~out ~e sl~, e~te ~ Con~ots ~il n~ ~ insensible for zny ut/li~ ; ~ s~ifi~ti~s, All ~k is ~r~tced to ~ ~ s~ificd. All ~k to ~ in a w~k~ol~e m~r ~¢o~ng ~ s~d~d ~i~s. ~y ns ~m tho ~v¢ s~cificafions in~ol~8 ~ ~s~ ~l >~¢r, ~ ~11 ~e an ex~ c~ o~ a~ a~ ~e esfi~:¢. All ~ ~ congn~nt u~n ~es a~id~ts, ~ or,od, ox ~h~ ~s c~8e ot~r ~ll ~fis~ ~1 i~r~s in ~sts due ~ otderamouat s o, so.oo ltlme, Project Mana~r ~ 561-718~6929. paving Con~ors. THE LPA GROUP INCORPORATED Transportation Consultants 12000 RESEARCH PARKWAY, SUITE 152 [] ORLANDO, FL 32826-3287 [] 407-306-0200 [] FAX 407-306-0460 December 8, 2004 Mr. Jason Milewski, C.M. Airport Manager. 1225 Main Street Sebastian, FL 32958 Subject: X26 RWY 9-27 Obstacle Clearing Review of Change Order "Demolition of Velocity ttangar" Dear Mr. Milewski: We hax~e reviewed the proposal submitted by All-Kite Paving Contractors, Inc. dated 11-01-1M regarding the subject project. The revised scope ofworkincludes demolition, hauling and disposal, which differs from the original item of dismantling and delivering the hangar. The costs listed in the proposal for the revised scope of work appear fair and reasonable for similar projects in the area. This is based on several factors beyond the Contractor,s control, including additional costs to haul the materials to a landfill located in adjacent Counties, costs to wait in line at those facilities which is not customary for work of this type: These factors are related to the extraordinary weather events that lmppened this summer, the effects of which can still be felt. If you have any questions or need additional information, please do not hesitate to contact me at 407-306-0200. Sincerely, Project Manager File: TA412012.4n ATLANTA · BATON ROUC~ [] CHARLESTON [] CHARLO'J~E I~ COLUMBIA I~ GREENSBOI~O I~ GULFPORT [] JACKSONVILLE HOME O~ PF~IOS, N ISL~,ND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Vacant Regular Member Positions on the Planning & Zoning Commission Terre"-'~ce R/qVffoore Agenda No. ~)5. D / ~ Department Origin: City Clerk Purchasing/Contracting: trinance Director: City Attorney: ~ City Clerk: Date Submitted: 1/4/05 For Agenda of: 1/12/05 Exhibits: code, applications, board member list, ad EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPRopRIATIoN REQUIRED: SUMMARY Due to the expiration of Mr. Daniel Keough's term, there is a vacant regular member position on the Commission due to expire 11/1/2007. He is interested and eligible to serve again. Also due to the expiration of Mr. William Simmons' term, there is a vacant alternate member position on the Commission due to expire 11/1/2007. He is also interested and eligible to serve Mr. John Oakes is a current alternate member who is interested in serving as a regular member. Alphabetically, citizen applicants include: Cindy Faleo-DiCormdo David Johns Jean Vesia RECOMMENDED ACTION Interview unless waived and submit nominations for regular member position to expire 11/1/2007. Fill alternate position if necessary. Interview unless waived and submit nominations for alternate member position to expire 11/I/2007. ~ec, b4-1-z.4. Planning and zoning commission. (a) Established and designa~ecl local planning agency. Pursuant to and in accordance with the City Charter and section 163.3174, F.S., of the County and Municipal Planning and [.and Development Regulation Act, the city council finds that planning of land use and continuing growth management evaluation within the City of Sebastian is a public purpose benet'~ing the safety, economic and cultural welfare of the citizens of Sebastian. The city council further finds that this public purpose can best be achieved by establishing the Sebastian Planning and Zoning Commission, which is hereby established and designated as the local planning agency (LPA) for the city. The Sebastian Planning and Zoning Commission shall abide by the City Charter, as amended, and all applicable provisions of the FIodda Statutes. The planning and zoning commission shall have the authority and responsibility to review land use in the city and evaluate planning and regulatory techniques for resolving physical, economic, social, environmental and fiscal issues. The city council directs the planning and zoning commission to carry out functions and powem herein identified. The planning and zoning commission shall use the power and authority conferred upon it by the land development code to further its stated public purpose. (b) Membership, terms and removal The Sebastian Planning and Zoning Commission shall consist of seven members and two alternatas. The qualifications, term and appointment of mernbars shall be done in accordance with chapter 2, article VI, division 1 of the Code of Ordinances, City of Sebastian. (1) Altamate mei~nbers and their duties. The altamate membem may attend all meetings of the planning and zoning commission but shall act only in the absence, disability or disqualification of a regular member thereof. When an atiemate member acts, the minutes of the planning and zoning commission shall reflect the name of the absent, disabled or disqualified member in whose place and stead the alternate member is acting. Each alfemate member shall fill in for a regular member who is abSent, disabled, or disqualified on a rotating basis with the most senior altemat~ member to be the first in the initial rotation. If more than one regular member is absent, disabled or disqualified, then both alfemate members shall act as members of the planning and zoning commission. (2) Vacancies and reappointment of commission membem. Appointments to fill any vacancy, shall be for the remainder of the unexpired term of office of the vacated planning and zoning commission seat being filled by the appointment. (3) Removal of commission members and altemates. The removal of members shall be done in accordance with chapter 2, article VI, division I of the Code of Ordinances, City of Sebastian. (c) Compensation of planning and zoning commission members. All members shall serve without compensation but, as authorized by the city council, may be reimbursed for actual expanses incurred in connection with their duties. (d) Functions and powers. The Sebastian Planning and Zoning Commission shall have the power and authority to carry out the duties and responsibilities contarred upon it by the land development code consistent with section 163.3174, F.S. and shall perform theSe duties in the best interests of the health, safety, and wertare of the citizens of Sebastian. The planning and zoning commission shall have the following functions, acting either as the local planning agency (LPA) or as the city's planning and zoning commission: Sec. 2-170. Qualifications. The primary consideration in appointing board and committee members shall be to provide the board or committee with the needed technical, professional, financial, business or administrative expertise. An applicant's previous term as a member or an altamate member of the board or committee on which there is a vacancy may be given special consideration. Whenever a current or former member of a board or committee is being considered for appointment or reappointment to a board, the city council shall consider the number and nature of the memoranda of conflict previously filed by such individual pursuant to ch. 112, F.S., relating to that individuar's previous membership on the board or commitfee for which the appointment is being considered. All of the membem of each board or committee shall be residents of the city. Additional qualifications may be ordained or be otherwise applicable for a particular board or committee. CITY APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) HOME ADDRESS: ,/'~-~-"~>~,y, /~..~,~'~ ~/.~.~ HOME PHONE: ,~ cO~7~ HOME FAX: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? '-//~ ~ HOW LONG?'~,/ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? )i~-~ _-~_ ;,~-f~ · DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMI'i-I'EE? WHICH BOARDS/COMMI'I-I'EES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (sen/es only 6 months every 7 years - meets nex~ in 2006) -- CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)* CONSTRUCTION BOARD (permenent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMI'I-rEE (permanent board- meets quarterly) ~--PLANNING AND ZONING COMMISSION (permanent board - meets h, vioa a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board- meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board- meets once a month) OTHER TEMPORARY COMMI'J-FEE (if applicab!e) (WRITE IN COMMITTEE NAME) *Filing of financial disclosure is required following appointment :11'" '.:'F SYL~ASTIA~ 'E OF CITY APPLICABLE EDUCATION AND/OR EXPERIENCE: (a b~f, resu~ is required) HOW WOULD YOUR EXPERIENCE BENEFIT TH.~ BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI~:E: IHAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby carJify that I am qua if ed to hold the position for which this application is made, Further, I hereby authorize the City of Sebastian to investigaJe the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification, I have been provided with, mad and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or ~.?3zimltt~e is availab~/If ~, who is personal~y known fo me, or has produced as ident~catiom \wp-form~applicat.wpd rev, 112004 Gentlemen: The following is a brief resume for Daniel E. Keough From 1960 to 1999 1 was employed by British Airways, then known as B.O.A.C.. My time with BA was spent at various postings around the United States and a few is Europe. The majority of my work consisted of flight planning, weight and balance, ramp safety operations and the last 18years as a Customer Service Representative at Kennedy, Dullas and Miami airports, overseeing the day to day operations of the public contact area. Prior to BA, I worked for a general contractor (my father) who was building homes on Long Island. I consider myself to have more than an apprentice knowledge of construction, if my Dad had not been such a hard taskmaster I might have stayed in the business! My vision for Sebastian is for it to grow (controlled) and prosper, My belief at this time is our need for more commercial growth, both along rotae 512 and US 1, restaurants, shops, possibly a home depot. Also, I believe there is room for an upscale townhouse community. A few weeks ago we reviewed the CRA for Sebastian my only disappointment, was the eompletion date. Gentlemen, if we sit back and take a long hard look at what comes before ns now our children and grandchildren can say "they did the fight thing".[ ~ You ~ / (~ Daniel E. Keo~gh ~ December 14,2004 Honorable Mayor/Members of Sebastian City Council: My term as Alternate member on the Planning & Zoning Commission expired in November. Please consider this letter as my request to fill the Regular Member position. Should you choose another applicant for the Regular Member position, I request to be considered for the position of Alternate Member also expiring 11/1/2007. Thank you for your consideration and providing an oppommity to serve the community in which I have resided the past four years. Sincerely, William H. Simmons 509 Dmwdy Way Sebastian, FL 32958 APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) HOME PHONE: ,~'~_ ~,~Z.~' HOME FAX: ~'- ~-"~,~,',~ E-MAIL: ~:~-}~s:,,~.~,F ~ ~.;' BUS, NESS: .. BUSINESS PHONE: ~-~ BUSINESS FAX:~-~'/~ E-MAIL: ARE YOU A RESIDENT OF THE C[~ OF SEBASTIAN? ~ HOW LONG?~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY,OTHER CI~'Y BOARD OR COMMI'I-FEE?. WHICH BOARDS/COMMITTEES? ¢O,~¢ ~/.~-~rcem~,~ PLEASE CHECK THE BOARDS FOR WHIGH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: 'CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVlEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMIq-I'EE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMIVili i=E (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMI I I :E (if applicable). (WRITE IN COMMI'I-rEE NAME) APPL CABL: EDUCATION ,AND/OR EXPERIENCE: (attach separate resume if necessary) tREASONS FOR WA. NTING TO SERVE ON BOARD OR COMMI'I-TEE: LIST ANY ADDITIONAL QUALIFIGATIONS T~SERVE ON BOARD OR COMMI~EE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE?/~° HAVE YOU EVEN BEEN CONVICTED OF AI~Y MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~ 0 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ff~ ¢ ~_ l hereby certify that'l am qualified to hold the position for ',vhich this application is made. Further, 1 hereby aulhofize the City of Sebastian to inveatigate the truthfulness of all information which I have provided in mis appiicafiort. understand that any misrepresentation er omission of information requested in this application is cause for disqualification. have been provided with, read and understand City of $~ebastian Coda o~[ Ordinances Sections 2~-166 through (attached). Information relative tea specific board er c~.m, lttee is avail?is if ~q.'q~'~eated. Applicant Signature ubscdb. ed and_ sw,~m to t3efore me this '~--/ ~ day Public, ~t~f Florida \wp..form~applicat.v~d rev. 5/'2002 I[nov/n to me, or has produced APPLICATION TO SERVE ON CITY BOARD/COMMITTEE fAll City Board and Committee Members Must be Residents of the City of Sebastian) HOME PHONE: ?,~ -2,,F,..P-~-?¢"-? HOME FAX: 7Z~ -/~F-~F~ E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN?/.,~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? HOW LONG?.~ 7~£¢/ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ,~//,~ PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMFI-FEE (se~es only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)* CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board- meets Cluarterly) PLANNING AND ZONING COMMISSION (permanent board- meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board- meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board- meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMI'~'EE NAME) *Filing of financial disclosure is required following appointment lC BLE EDUCATION AND/OR EXPERIENCE' (a brief resume s re.q,uired) A APPL ' z~ ~ '~'~, HOW WOULD YOUREXPERIE,NCE BENEFIT THE BOARD YOU'RE APPLYING FOR? . _IST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI~EE~s~~ HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? /4//4 HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby ce~fy that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committe~e, is available ~/~questad. Applidefft Sig na'~ur~''~ Subscribed and sworn fo before me this ,2~-~- day of ~'D~tr~ "~ ~ ~¢.~% who iS personally known to me, ~ }_ .~ ~. as identification. Notary Public, State of Florida 0/ \wp-form~applicat.wpd rev. 112004 LINDA C. TEAGUE Notary Public, State of Florida My comm. exp. Nov. 3, 2006 Comm. No, DD 162541 grb ', by or has produced JOHN H. OAKES 593 Birch Court Sebastian, FL 32958 HOME (772) 388-2957 CELL (772) 480-1907 Oakesjohn 7~aol. corn WORK EXPERIENCE MFC MORTGAGE Feb 2~, 2004 - Present SEBASTIAN, FL Aeenunt Executive Exclusive Loan Officer for Maronda Homes Inc. for all new properties located In Indian River and Port St. Lucie Counties. I assist any and all customers in their efforts to obiain financing for their primary residence, investment and second homes by providing the least expensive rates and closing cost to the customer. I am the customer's point of contact for originating the loan and their liaison throughout the mortgage application process until the loan closes and they have obtained title to the property. SEBASTIAN RIVER MEDICAL CENTER (Part-Time) Dec 8t~, 2003 - Jan. 31, 2004 SEBASTIAN, FL EMTrl'ransport Driver Assist In the coordination of transportation for adult, geriatric and pediatric patients. TIMOTHY S. SIGMAN M.D.P.A. (Part-Time) October 2002 - Present SEBASTIAN, FL EMT/Medieal Assistant - Doctor's Office-Per Diem Patient Preparation; includes vital signs, weight, 02 saturation, EKG's, shots, prescriptions under Doctor's Direction. Coordinate Blood/Urine Lab and Specialist appointments. INDIAN RIVER MEMORIAL HOSPITAL March 2003 - August 2003 VERO BEACH, FL EMT/Medical Transport Under the general auspices of the Medical Director and direct supervision of the Transport Cunrdinat~or, Provide basic life support and assists the Paramedic with advanced life support. Operate hospital vehicles in the emergent as well as routine situations. SEBASTIAN RIVER MEDICAL CENTER Oct 8 2002 - March 2003 SEBASTIAN, FL EMTfEKG Technician - Cardin/Pulmonary Department Administer EKG's for patients in the Emergency Room, Intensive Care Unit, Recover3, Room, Ambulatory Dept., Mod Surg Dept., Progressive Care Unit end Diagnostic Center. Respond to Codes as is needed within the hospital. *** I will provide copies of my last performance reviews fi.om Sebastian River Medical Center and Indian River Memorial Hospital if requested *** HEADWAY CORPORATE STAFF ADMINISTRATION Nov 2001 - January 2002 NEW YORK, NY Mortgage Contract Underwriter for G. E. Mortgage Insurance Assess risk of mortgage loan applications approvIng or denying the application per Invester guidelines. CENTRAL CAROLINA BANK & TRUST Sept 1999 - Nov 2000 DURHAM, NC (lost my job due to a merger) Mortgage Loan Consultant - Mortgage Direct Department Consulted and originated mortgage loans for bank customers referred by bank branch personnel. Conventional, Jumbo, VA, FHA & Non-Conforming loans. Supervised processing and consulted with underwriting to ensure accurate and saleable loans to secondary market. Cross sold and/or referred other bank products to customers. HOMEVEST MORTAGE CORPORATION Feb 1999 - August 1999 RALEIGH, NC Branch Manager (company went out of business) Supervised processing staff and loan officers. Originated Conventional, Jumbo and Non-Conforming mortgage loans. Solicited Builders, Realtors and Individual consumers for purchase and refinance loans. REGIONS BANK FINANCIAL CORPORATION Nov 1997 ~ Dec 1998 ALPHARETTA, GA Account Executive (for the state of North Carolina) (lost my job due to a merger) Solicited Correspondent Landem, Credit Unions and Brokers for their non-confomlng and construction mortgage loans. Serviced established customers and developed new business. Introduced and explained all loan programs. I was the liaison between correspondents and internal departments, maintained monthly sales quota. CONSOLIDATED MTG. & FINANCIAL SERVICES March 1996 - October t997 CARY, NC Loan Officer Identified mortgage loan progr~ans for prospective customers that phoned into our centralized call center requesting home equity, loans or refinance. Factiitat~xl the origination and assisted with processing the loan. Reviewed the closing and funding nftbe loan package. G.E. CAPITAL MORTGAGE/KELLY SERVICES October 1995 -Dec 1995 Loan Processor Processed mortgage insurance applications from lenders and i~sued commitments using image and RMG. BANKERS LIFE AND CASUALTY INSURANCE Nov 1994 - October 1995 CORDOVA, TN Insurance A~ent Sold annuities, life, health Insurance, medicare supplement and long term care insurance. Utilized these products to protect Senior citizen's assets and quality of life. Previous Employment Experience Federal Express Corporation: Field Operatiunsfrmce Agent/Sr. Billing Agent (appmx 6 yrs) EDUCATION Indian River Community College Graduating with Associate Degree Approximately December 2004 Evoc EMS 1335 Ambulance Certificate Brevard Community College Emergency Medical Technician August 2003 - Present March 2003 Jan - May 2002 Certificate # 305197 ,~ OF CITY CL~ APPLICATION TO SERVE ON CITY BOARDICOMMrI=rEE (All City Board and Committee Members Must be Residents of the City of Sebastian) HOME ADDRESS: HOME PHONE:~(~ t-~ %~ / HOME F~: BUSINESS ~DRESS: BUSINESS PHONE: E-MAIL: BUSINESS FAX: ~l,z~q ~' E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serces only 6 months every 7 years - meets next in 2006) -- CITIZENS BUDGET REVIEW ADVISORY BOARD (~em~orary - meets during summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)* CONSTRUCTION BOARD (permanent board- meets once a month)* ~HANDICAPPED SELF-EVALUATION COMMITTEE (permanent boerd- meets quarterly) PLANNING AND ZONING COMMISSION (permanent board - meets ~wice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMI I ~ bE (permanent board- meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month) OTHER TEMPORAR~'COMMI'[-I'EE (if applicable) (WRITE IN COMMrFrEE NAME) *Filing of financial disciosure is;reqUired following appointment APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS~TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED Of ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Seba~an Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or com[~l~iee is availa~ble If requested~ , Ap'[[:~ant S~nature Subscribed and sworn to before me this 4+/q day of ~{,L~-~, ~.O(Sd, by ~....i~L/ D'}COr'-t"~L~O , who is personally known to me, or~has produced ~-'~/~ ~-')t"'l VF~lr-~ Li OPM/}8 ~-_ as Identification. ta of Florid \wp-form~applicat.wpd HOME OF PELICAN BLAND ..... APPLICATION TO SERVE ON CITY BOARD/COMMITTEE City Board and Committee Members Must be Res dents of the C ty cf Sebast an! HOME ADDRESS: 7,~g . ,~Z Z /'~/ ~ ~ ~-/2 /z~/,/.~- HOME PHONE: ~'-~/- ~.5"'~-~ HOME FAX: E-MAIL: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? HOW LONG? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years -meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)* COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (permanent board-meets as needed) CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board-meets quarterly) PLANNING AND ZONING ,COMMISSION (permanent board - meets ~wice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets que~eriy)' PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month) ~ TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) · Filing of flnanoisl disclosure is required following appointment APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI'I-I'EE: -lAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certh%/that I am qualified to hold the position for which this application is made, Further, I hereby authchze the City of Sebastian to investigate the truthfulness of all information which I have provided in this application, I understand that any misrepresentation er omission of information requested in this application is cause for disqualifioation. I have been provided with, read and understand City of Seb..~.t~n Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or co is available if re ue ted. * ·/-/; Jlt ,,~'-/~ ~_.-..- ~.~ __ . ~ ............ /7, --. -- (.~.,~.~ ~. zS,~,~r~l~ ,~,~ / ~j~,~<~,-"-. ~,.,. WhO s ~. ......... ~ ......... ~ ~ .,e or ,,as pmuuce,~ ~/--, ~, ~ - ~'"'~ .,_,.-/ as iUentification. ., ....... .... I1~'~.~¢ EXPIRES: Uarch ~wp-form~applicat.wpd rev. 1/2004 APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian ~1~.,~ NAME: ~_) ~ ~ HOME ADDRESS: HOMEPHONE: 5~O~- ~;~- I~:~ HOMEFAX: Y'~OF"),e~. E-MAIL: BUSINESS: ~ ~+ ,'~ ~ BUSINESS ADDRESS: .~ BUSINESS PHONE: '~ BUSINESS F~: ~ E-MAIL: ~ ARE YOU A RESIDENT OF THE CI~ OF SEBASTIAN? ~ ~ HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ~ ~ DO YOU PRESENTLY SERVE ON ANY OTHER Cl~ BOARD OR COMMI~EE? WHICH BOARDS/COMMI~EES? ~ ~ PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7years - meets next in 2006) -- CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)* CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATiON COMMITTEE (permanent board- meets quarterly) PLANNING AND ZONING COMMISSION (permanent board- meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board- meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) · (WRITE IN COMMITTEE NAME) *Filing of '~nancial disclosure ~ required following appointment APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI I I EE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ~NY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MO~L TURPITUDE IN THIS OR ANY STATE? ~ ~ WOULD YO~ CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ~}¢ I hereby cerlffy that I am qualified to hold the position for which this application is made. Further, I here~y authorize the City of Sebastian to investigate the b'uthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided w th, read and understand City of Sebastian Code of OrdinanCes Sections 2-166 through 2-173 (attached). Information relative to a spech~c board or comm~e~e is available if red~estad. Subscribed and sworn to before me this ~day of (i~/ft. , ,,"~('~ by ~r/A~ ~(~.. ~]~'~,"~ who is l?rsonall~ .kn._.__~__~ '/~' me, or has produced as identification. L~?t~Pu~lic, State of Florida \v4)-form~applicat.wp d PLANNING & ZONING COMMISSION 3-YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M. MEMBER NAME AND APPOINTMENT HISTORY CURRENT TERMS ADDRESS STATUS COMPLE [MOST RECENT HISTORY TED FIRST] )aniel Keough Took Emil Svatik's Regular Term to expire 60 Day Drive Member Position 3/24/2004 11/1/2004 ;ebastian, FL 32958 ;89-0070 Took Taylor's Unexpired Alternate Member Position Term to expire 1/1/2005 8/13/03 Ed Seeley Took Monier's Unexpired Term to expire 697 Albatross Terrace Regular Member Position 4/1/2005 Sebastian, FL 32958 1/28/04 581-5646 Term to Took Blessing's Unexpired expire 11/2004 Regular Member Position 8/24/03 Term to expire Larry Paul Took BleSsing's Unexpired 5/1/2005 1701 Sunset Lane Regular Member Position Sebastian, Florida 4/28/04 32958 388-0937 William Mahoney Reappointed Regular Member Term to expire ~0¢-' ~ Served 207 Delaware Avenue 2/13t2002 2/112005 -)~ ~,~;,~\\¢, ,~ )~ one full ^' ~"~ term Sebastian, FL 32958 Term to expire \~ 589-8524 Took Pliska Regular Member 2/1/2002 Position 1/12/2000 Term to expire Took Shirley Kilkelly Alternate 111112001 Member Position 11/18/98 Richard S. Smith - Reappointed to 3 year teim Term to expire Served Chairman 5/2003 6~112006 one full 787 Carnation Drive Term to Expire: term Sebastian, FL 32958 Took Gerhold Regular Member 6/1/2003 388-6142 Position 7~26~2000 Took Mahoney Alternate Member Position 2~23~2000 Term to expire 11/1/2001 93 Harold E. Faille Took Sheri Reichert Unexpired Term to expire 933 Oswego Avenue Sebastian, FL 32958 Regular Member Position 11/3102 6/1/2007 388-9891 Andrew AIIocco Took Gene Rauth's Unexpired Term to 1485 Barber Street Regular Member Position expire Sebastian, FL 32958 2/12/2003 11/1/2005 388-3188. Took Harold Faille's Unexpired Term to Alternate Member Position expire 11 ~3~02 1/1/2005 I IIIIIII I[I I I II II II I William Simmons Took Seeley's Unexpired Term to 509 Drawdy Way Alternate Member Position expire Sebastian, FL 32958 1/28/04 11/2004 589-9826 John Oakes Took Keough's Unexpired Term to 593 Birch Court Alternate Member Position expire Sebastian, FL 32958 3/24/04 1/1/2005 ~ Staff Liaison - Growth Management Director Board Secretary - Susan Lorusso CITY OE HOME OF PELICAN ISLAND December 13, 2004 PRESS RELEASE PLANNING & ZONING COMMISSION THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THE FOLLOWING EXPIRED POSITION ON THE PLANNING AND ZONING COMMISSION: · REGULAR MEMBER POSITION EXPIRING 11/1/2007 ~, ALTERNATE MEMBER POSITION EXPIRING 11/1/2007 ALL COMMISSION MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. PLEASE NOTE THAT SHOULD COUNCIL FILL THE REGULAR MEMBER POSITION WITH AN ALTERNATE, THAT ALTERNATE POSITION MAY BE FILLED THAT NIGHT WITH ONE OF THE SAME APPLICANTS. THIS BOARD MEETS ON THE FIRST AND THIRD THURSDAY OF EACH MONTH AT 7:00 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR AT WWW.CITYOFSEBASTIAN.ORG AND WILL BE ACCEPTED UNTIL JAN. 4, 2005. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Two Vacant Alternate Positions on the Construction Board Approved for Submittal by: City Agenda No. /'~5. ~ t/'~ Department Origin: City Clerk ~'"~ Purchasing/Contracting: ~ Finance Director: City Attorney: City Clerk: ~,~ Date Submitted: 12113/04 For Agenda of: 1/12/05 Exhibits: code, application, board member list, ad EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY The following positions have expired September 30, 2004: -Alternate Member, Concerned Citizen Position -Altemate Member, Contractor Position Only one resident, Ms. Lanning, has expressed interest in serving. Advertising will continue to fill the remaining vacancy. RECOMMENDED ACTION Consider Ms. Lanning for one of the above expiring positions. (The new terms will expire September 30, 2007.) ARTICLE VI. CONTRACTORS* Page 1 of 1 Sec. 26-191. Membership; terms; filling of vacancies. (a) The city construction board shall be composed of seven members and, as far as practical, shall consist of two certified contractors (residential, building, general), one electrical contractor, one heating and ventilation contractor, one architect or engineer, one plumbing contractor, and one concerned citizen. The city council may also appoint one or two alternate members who shall serve as necessary to assemble a maximum of seven voting members of the board. It is preferred that the alternate members consist of one certified contractor and one concerned citizen. All members and alternate members shall be appointed by the city council, pursuant to section 2-170 of this Code. (b) To be eligible for appointment, except as otherwise provided in this section, each contractor member shall be actively engaged in construction in the city, [or] have an established business in the city limits. (c) Each member of the board shall hold a valid certificate issued by the board or the state in addition to having the qualifications required in subsection (b) of this section, excepting the one concerned citizen member. If any member of the board, at any time during his term, no longer possesses the required qualifications such member shall be automatically suspended for 30 days; then, unless qualified within 30 days, shall be replaced. (d) Of the regular members appointed to the board: (1) Two members shall be appointed for an initial term of one year; (2) Three members shall be appointed for an initial term of two years; and (3) Two members shall be appointed for an initial term of three years. Thereafter all appointments shall be made for a term of three years. All terms of offiCe shall expire on September 30 of the last year of the term. (e) Each alterna{e member shall be appointed for a term of three years. (f) Any member may be reappointed, subject to the limitations set forth in subsection (d) of this section. (Code 1980, § 7-92(a)-(d); Ord. No. O-91-24, §§ 1, 2, 9-25-91; Ord. No. 0-97-57, §4, 9-25-97) Sec. 2-170. Qualifications. The primary consideration in appointing board and committee members shall be to provide the board or committee with the needed technical, professional, financial, business or administrative expertise. An applicant's previous term as a member or an alternate member of the board or committee on which there is a vacancy may be given special consideration. Whenever a current or former member of a board or committee is being considered for appointment or reappointment to a board, the city council shall consider the number and nature of the memoranda of conflict previously filed by such individual pursuant to ch. 112, F.S., relating to that individual's previous membership on the board or committee for which the appointment is being considered. All of the members of each board or committee shall be residents of the city. Additional qualifications may be ordained or be otherwise applicabis for a particular board or committee, HOME OF PEUCAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTFF (Ali City Board and Committee Members Must be Residents of the City of Sebastian) NAME: J~/~.J ~,. HOME ADDRESS: I~.,~ HOME PHONE: HOME F~: E-MAIL: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: AJI~ BUSINESS FAX: ~/~ E-MAIL: N/~ ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets neat in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (tampo/ary - meets dudng summer) ~'-~F'~CODE ENFORCEMENT BOARD (permanent board - meeta once a month)* .~F____COMMUNITY' REDEVELOPMENT ADVISORY COMMITTEE (permanentboard-meets as needed) CONSTRUCTION BOARD (permanent board- meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board- meets quertedy) PLANNING AND ZONING COMMISSION (permanent board- meets ~vice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board - mee~$ once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board- meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) · Filing of financial disclosure is required following appointment APPLICABLE EDUCATION AND/OR EXPERIENCE: (a bdef re~ ~qui~d)~:i~~ 6 0 7 HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST aNY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? N HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? f hereby cerlJty that I am qualified to hold the position for which this appJication is made. Further, I hereby authorize the City of Sebastian to ' ' mvestigafo the truthfulness of all information which i have provided in this application. I undemtand that any misrepresentation or omission of information requested in b'fls application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific beard or committ~ e is ay,atlab~ ~f requested. Applicant S'i'gnature ~ Subscribed and sworn to before me this ~ day of f<.~'~.~ i /..~/._/~ ,~1 xi/.a~' who is personally known ~ ~,~ Z~/' c.~ as identification. Not~y Public, State o~f Florida ~wp-form~applica~wpd JL ~~'~;~,~ II rev. 1/2004 ~-~ ~ ~"~, by to me, or has produced KARl LYNN LANNING 185 Midvale Terrace Sebastian, FL 32958 (772) 589-3189 PROFESSIONAL EXPERIENCE: May 2000 - August 2004 Mecklenburg County Code Enforcement Department Charlotte, North Carolina Administrative Assistant to the Director · Hold a Level I North Carolina Building inspector's Certification and have knowledge of building codes, laws and ordinances. · Research and investigate building code violations. · Research and report on innovative building alternative materials and methods. · Communicate daily, both written and verballywith public and staff. · Handle all correspondence, customer service issues, and communications to and from the County Manager's office and the Board of County Commissioners. · Receive, track and issue permits for North Carolina pilot building code, the North Carolina Rehab Code for presentation to the North Carolina Senate at the end of 2006. · Assisted in the design and redevelopment of the Mecklenburg County Code Enforcement website at www.meckpermit.com. · Analyze and help prepare yearly budgets along with monthly finance requirements such as approval of payables. · Serve as the clerk to the Building-Development Commission, an advisory board to the department appointed by the Board of County Commissioners. · Assisted in the development of a new land development tracking system and permitting process. · Assisted in the development on On Schedule Plan Review Tracking System and implementation. · Assist with meetings, transcribe and issue meeting minutes, prepare presentation information using PowerPoint and other devices for the Director, assisting with presentations using PowerPoint and other media as required. · Perform a wide variety of executive skills to the Director of Building Code Enforcement. · Proficient with a personal computer and programs, highly organized, and I have knowledge of most types of office equipment. May 1993- May 2000 Crowder Construction Company Charlotte, North Carolina Project Administrative Assistant, 1995 - 2000 Systems Administrator 1997 - 2000 · Processed project pay estimates, subcontractors' pay estimates, and all bills for projects. · Calculated quantities and assisted project engineer with all aspects of document control. · Assisted General Superintendent with project staffing, safety requirements and personnel needs. · Served as System Administrator for the Division Office, which involved troubleshooting hardware and software needs of our users on a daily basis. · Assisted Project Manager and Operations Manager with ali correspondence relating to the project. · Maintained subcontract and vendor files. Site Secretary, 1993 - 1995 Projects: Lincoln Combustion Turbine Station, Stanley, North Carolina Franklin Water Treatment Plant, Charlotte, North Carolina Vest Water Treatment Plant, Charlotte, North Carolina Gastonia Pump Station, Mt. Holly, North Carolina Coca-Cola Bottling, Charlotte, North Carolina · Prepared all correspondence such as submittals, transmittals, letters and memorandums~ · Dealt with personnel and other safety issues · Processed all paperwork between jobsite and home office · Maintained subcontract and vendor files · Calculated quantities and assisted project engineer with all aspects of document · Tracked purchasing and inventory for job site · Organized drawings and updates March 1995- July 1995 January 1993 - May 1993 June 1991 - January 1993 EDUCATION: SKILLS: OTHER: REFERENCES: · Completed punch list items · Assisted Project Superintendents · Answered telephones Metric Constructors, Inc. Charlotte, North Carolina Purchasing Agent Project: Lincoln Combustion Turbine Station, Stanley, North Carolina · Supervised crew of three in which inventory was received, counted, and logged in. · Notified and tracked shortages, overages, and turnover to the Owner. Worked for various temporary agencies. J. A. Jones Construction Company Charlotte, North Carolina Secretary to Estimating · Responsible for answering telephones, typing, and word processing · Assisted estimators with bids · Assisted Chief Pumhasing Agent with procurement · Maintained subcontract and vendor files · Assisted job sites with requests and distributing · Maintained monthly estimating reports. Davidson County Community College, North Carolina Law and Administration Davidson County Community College, North Careiina Building Code Mecklenburg County - North Carolina Rehabilitation Code Mecklenburg County - Facilitative Leadership Crowder Construction Company - Construction Law Central Piedmont Community College, Charlotte, North Carolina - Website Design - AAS Central Piedmont Community College, Charlotte, North Carolina - Website Design - AAS Central Piedmont Community College, Charlotte, North Carolina - Information Systems - AAS Rutledge College, Charlotte, North Carolina- Secretarial Science- AAS King's College, Charlotte, North Carolina - Secretarial Science - Diploma East Lincoln Senior High School, Denver, North Carolina - Diploma Microsoft Word, WordPerfect, Excel, Lotus, Access, PowerPoint, Greupwise, Microsoft Outlook, Dreamweaver, HTML, typing - 70+ wpm, dictation - 60+ wpm, accounts payable, accounts receivable, and switchboard. Programming languages include DOS, BASIC and VBASIC. Notary Public expires May 1, 2007 North Carolina Level I Building Inspector Lincoln County appointee to the Mountain Island Marine Commission Application #503 - Provisional License for 1 & 2 Family Dwellings, State of Florida Available upon request. CONSTRUCTION BOARD 3-YEAR TERMS MEETS 2ND TUESDAY EACH MONTH ~ 7:00 P.M. MEMBER NAME POSITION APPOINTMENT CURRENT TERMS AND ADDRESS HISTORY STATUS COMPLETED Electrical Took Schmitz' Term to Greg Conover Contractor expire 826 Floraland Position Electrical Contractor Avenue Position 8/25/04 9/30/2007 Sebastian, FL 32958 Took Mr. Gilligan's Term to 589-9905 unexpired alternate expire member position 9/30/2004 9/10/03 Jean Carbano Regular Took Stuart Houston's Term to 433 Betty Avenue Concerned Concerned Citizen expire Sebastian, FL Citizen Regular Position 9/30~2005 32958 Position 5126104 581-1397 Frank A. Garland, Plumbing Has served 1 Jr. Contractor Reappointed 9/10/03 Term to 449 Ponoka Position expire full term Street 9~30~2006 Sebastian, FL Took Herbig's 32958 Plumbing Contractor Term to 589-3020 Regular Member expire Position 11/8/2000 9/30/2003 Michael D. Wolf Engineer or Reappointed 9/10103 910 Majestic Ave. Architect Term to Sebastian, FL expire 9/30~06 32958 Took AIIocco 388-2223 H Unexpired Engineer Term to 388-0629 FAX Regular Member expire Position 12tl 1/02 9~30~2003 Took Pierre Paquette Alternate Concerned Citizen Position 3/13/2002 90 Patrick Gilligan 722 Brookedge Terrace Sebastian, FL 32958 388-2395 Ken Mitchell 1513 Ocean Cove Street Sebastian, FL 32958 589-3665 Jim Mo~s P. O. Box 780765 Sebastian, FL 32978 589-3519 vacant vacant Regular Contractor Position HARV Contractor Regular Member Contractor Alternate Concerned Citizen Position Alternate Contractor Position Took Ms. Fox's Regular Contractor Position 9/10/03 Took Ed Whlte's unexpired alternate member position 3/12/03 Took Nicolini's HARV Contractor Position 8/25/04 Took Mr. Craw's unused Regular Member Contractor 3osition 11/12/03 Took Elwin Davis' expired alternate concemed citizen ~osition Took Grag Conover's expired alternate member position expire 9/30~2006 Term to expire 9/30/2007 Term to expire 9/30/2006 Term to expire 9/30/2007 Term to expire 9/30/2007 BOARD SECRETARY - Kathy Nappi 91 HOME OF PELICAN ISLAND October 26, 2004 PRESS RELEASE CONSTRUCTI'ON BOARD THE C!rl-Y OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THE FOLLOWING EXPIRED POSITIONS ON THE CONSTRUCTION BOARD: · ALTERNATE MEMBER, CONCERNED CI'TIZEN POSITION, EXPTRING 9/30/07 · ALTERNATE MEMBER, CONTRACTOR POSII-~ON, EXPIRING 9/30/2007 ALL BOARD MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS, AND HAVE ACTIVE, REGISTERED CONTRACTOR LICENSES EXCEPT FOR THE CONCERNED CITIZEN APPOINTMENTS. THIS BOARD MEETS ON THE SECOND TUESDAY OF EACH MONTH AT 7:00 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICA'I-]ONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 HAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR AT CITY'S WEBSITE (WWW.CITYOFSEBASTIAN.ORC.) AND WILL BE ACCEPTED UNTIL December 10th, 2004. City of Sebastian, Florida O~FIC![ OF Ttt~ CITY' ~TTORN~Ir AGENDA TRANSMITTAL Agenda No. ~)/4. 220 Subject: Design standards wind speed; Ordinance No. 0-04-20 Date Submitted: 1/6/05 For Agenda of: 1/12/05 SUM3//ARY: Pursuant to Council directive, the Code is being amended to adopt a 140 mph construction design wind speed to be consistent with the adjoining county s~andards~ The Department of Community Affairs recommends a sixty-day notice period to allow builders to adjust plans, and this delayed applicability is being provided from the date of first reading. RECOMMENDED ACTION: Move to adopt Ordinance 0-04-20. REVIT, WED BY CITY CLERK: AUTItORIZED PLACEMENT ON AGENDA BY CITY MANAGER: ORDINANCE NO. O-04-20 AN ORDINANCE OF TglE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 26-31(a) TO DESIGNATE 140 MPlt MINIMUM WIND SPEED STANDARDS FOR CONSTRUCTION; PROVIDING FOR APPLICABILITY, CONFLICTS, SEVERAB[LITY AND EFFECTIVE DATE. WltEREAS, the City has enforced a design wind speed of 130 mph since enactment of the Florida Building Code; and Wl~EREAS, the portion of Indian River County adjoining the City utilizes a design speed of 140 mph; and WFtEREAS, a heightened design speed will further protect the citizens of the City and maintain consistency in the county; NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AMENDMENT. That section 26-3 l(a) of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 26-31. Technical codes adopted. (a) The city does hereby adopt as building codes for the city the below-listed editions, copies of which are on file in the office of the buildin_g :zmmur2ty dc-.'c!cTmznt department and the office of the city clerk and which shall be accessible to the public upon request during the normal business hours of the community development department and the city clerk. Such codes, which shall be referred to as the standard codes, are hereby made a part of the Code of Ordinances of the city subject only to specific additions, deletions or amendments set out in the Code of Ordinances. ~ (1) Florida Building Code. i (2) Florida Fire Prevention Code. (3) Standard Unsafe Building Abatement Code, Southern Building Code Congress, 1985 edition. ]7or nurooses of determining comnliance with the Florida Buildine Code. the City odoms a desien streneth wind speed three second eust standard of 140 miles ncr hour. Section 2. APPLICABILITY. The wind speed standard set forth herein shall be applied to all construction for which building permit applications are submitted on or after February 7, 2005. Section 3. Section 4. CONFLICT. All code provisions in conflict herewith are repealed. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City did not intend to enact such invalid provision. It shall further be assumed that the City would have enacted the remainder of this Ordinance without said invalid provision, thereby causing the same to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall be effective upon passage. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Couneilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Mike Heptinstall The Mayor thereupon declared this Ordinance duly passed and adopted this 12th day of January, 2005. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk By: Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian, Florida Subject: First reading of Ordinance No. O- 05-02; land use amendment for a proposed 46-acre private subdivision situated along Gardenia Street north of San Sebastian Springs Subdivision. inager Agenda No. ~ Department Origin: Growth Management, Purchasing/Contracting:. Finance Director: City Attorney: City Clerk: Date Submitted: January 05, 2005 For Agenda of.' January 12, 2005 Exhibits: Ordinance No. 0-05-02, Location Map, Staff Report, Application, P&Z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY The Russell Family Limited Partnership filed an application for annexation of a 46-acre pamel of land immediately north of San Sebastian Springs Subdivision, which is located north of County Road 512 along the banks of the St. Sebastian River. The property is currently zoned A-1 (Agricultural) with a C-3 (Conservation, I unit/2.5acres) land use designation with a request to re-zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (Iow density residential). A conceptual subdivision plan submitted concurrent with the land use application reflects incorporation of 71 single-family lots on 46.1 acres, for a proposed density of approximately 1.54 units/acre, whereas the Iow-density residential land use category permits a maximum of 5 units per acm. The pdmary point of ingress and egress will be a direct connection to Gardenia Street along the southeastern quadrant of the property, with an emergency access to Gardenia at the intersection of Potomac Avenue along the northeast comer. Applicant will be required to reconstruct Gardenia Street to a full two-lane roadway as an element of required subdivision improvements. RECOMMENDED ACTION Conduct first public hearing. Staff recommends the City Council move to pass this ordinance on first reading and transmit said Ordinance to the Department of Community Affairs. Upon receipt of comments from DCA, a second hearing will be conducted. "Move to pass Ordinance No O-05-02 on first reading for t~ansmJttal to the Department of Community Affai~ Ordinance No. O-05-02 AN ORDINANCE OF 'lH_l~ CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO 'I'H.i~ CO~PR.~;HESIV~ PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WI'I'H A PRIOR COUNTY LAND USE DESIGNATION OF CONSERVATION, 1 UNiT PER TWO AND A HALF ACRES (C-3) FOR LAND CONSISTING OF 46 ACRES~ MORE OR LESS, LOCATED WEST OF GARDENIA STREET AND DOLPHIN AVENUE KNOWN AS CYPRESS BEND SUBDMSION; AUI'IdORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR Elq"FECTIVE DATE. WHEREAS, the City Council has considered the application of the Russell Family Limited Partnership for an amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation of C-3 (Conservation, 1 unit per 2.5 acres) to a City designation of LDR (Low Density Residential); and W~rEREAS, the City Council has considered the criteria identified in the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WI:[EREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WgII~REAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WIt[EREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Map, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: .Section 1. AFFECTED PROPERTY. The amendment adopted by this Ordinance shall affect the following described real property, as of the effective date to be lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Schedule "A " containing 46 acres more or less. Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the same as LDR (Low Density Residential) in accordance with the requirements of Florida law. ~ Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy ~ne~of to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184(1)(b), Fla. Stat., whichever is applicable, and annexation of the property into the corporate limits of the City of Sebastian. If a final order of noncompliance is issued by the Administration Commission, this amendment may nonetheless be made effective by adoption of a resolution afffirming its effective status, a copy of which resolution shall be sent to the Department. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 12th day of January, 2005, by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember ATTEST: Sally A. Maio, CMC City Clerk ADOPTION The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Vice-Mayor Councilmember Councilmember Councilmember The Mayor thereupon declared this Ordinance duly passed and adopted this __ , 200__. CITY OF SEBASTIAN, FLORIDA day of ATTEST: By: Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney ORDINANCE O-05-02 SCHEDULE A DESCRIPTION "PARCEL 1": THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER AND THE EAST lO0 FEET OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP $1 SOUTH, RANGE 38 EAST, INDIAN R!VER COUNTY, FLORIDA. 'SAID PARCEL CONTAINING 43.0 ACRES, MORE OR LESS. SUBJECT-TO ALL EASEMENTS, RIGHTS-OF-WAY AND RESERVATIONS OF RECORD. DESCRIPTION "PARCEL 2",' A PORTION=' OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP 31 SOUTH, RANGE 38 EAST, LYING NORTHERLY AND EASTERLY OF THE SOUTH PRONG OF THE ST. SEBASTIAN RIVER AND WESTERLY ;OF THE EASTERLY 100 FEET OF SAID SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER; SAID PARCEL Be:lNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-;QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION I,,4, TOWNSHIP 31 'SOUTH, RANGE 38 EAS~, IN~IAN RIVER CG. UN'i;:Y, FLORIDA, RUN NORTH 89'25'12" WEST (ASSUMED)' ALONG' TIlE .NOR~T.H £.lfilE OF SAID'.SdU~',F_~'..S~ ,ON£/Q~IA'RTER; OF~'THE NORTHWEST ONE-'QUARTER A DISTANCE OF 1325;6~2' FEET TO. THEcNDRTHEA~S:~:; CORNER" OF,THE ,SO~[H'WEST ON~-ODARTER OF THE NORTHWEST ONE-QUARTER OF SECTIO~N !~4, TOWNSHIP.'.~3~i':',~'O~TR;::~:RAN~E:;.F'~:~:,.EAsT; ~HENCE: CONTIKIUE NORTH 89'25'12" WEST ALONG THE NORTH LINE OF .~AID;~G~T~tW£ST.:"~!EWQ'~AR'~ER:'OF TH~ ~!~RTHWEST ONE-QUARTER A DISTANCE OF 100.05 FEET TO A POINT OF INTER$1e.'~iG~ '[RE WESTERLY LINE OF THE EAST 100 FEET OF SAID SOUTHWEST ONE-QUARTER OF T.H_,E. ,, NORTH,~,E~ (~IJE~Q~ARTER AND THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING RUN SOUTH 00'56 40 EAST At'~ THE W~T LINE OF SAID EAST I00 FEET A OISTANCE OF 294,21 MORE OR LESS TO THE INTERSECTION WITH APP;~?ENT MEAN HIGH WATER LINE OF THE SOUTH FORK OF THE SOUTH PRONG OF THE ST. SEBASTIAN RIVER; THENCE' ~,FANDER NORTHERLY AND WESTERLY ALONG SAID APPARENT MEAN HIGH EATER LINE THE FOLLOWING TWENTY COURSES~ID DISTANCES: NORTH 2~:,~2'16" WEST A OISTANCE OF 99.09 FEET NORTH"S 6 " ' "05 WEST A DISTANCE OF 6.42 FEET NORTH 5:4~32'56'' WEST A DISTANCE OF 66. I ~ FEET NORTH 85;04'44" WEST A DISTANCE OF 65.50 FEET NORTH 85'32'35" WEST A DISTANCE OF 35,26 FEET NORTH 87'20'22" WEST A DISTANCE OF 3.7,48 FEET SOUTH' 81!42'15" WEST A DISTANCE OF 53.49 FEET SOUTH 75!15'48" WEST A DISTANCE OF 67.90 FEET SOUTH 71!5'6'15" WEST A DISTANCE OF 68,95 FEET SOUTH 72;57'54" WEST A DISTANCE OF 61.31 FEET SOUTH 57",18'08" WEST A DISTANCE OF 25.38 FEET SOUTH 6510.~'47" WEST A DISTANCE OF 43,23 FEET SOUTH 66'47'32" WEST A OISTANCE OF 56.49 FEET NORTH 60'51 '42" WEST A DISTANCE OF 36, 70 FEET NORTH 58' 15'29" WEST A DISTANCE OF 58.88 FEET NORTH 04:02'59" EAST A DISTANCE OF 51,54 FEE? NORTH 01"49'33" EAST A DISTANCE OF 55.27 FEE? NORTH 09"04'17" EAST A DISTANCE OF ~9,05 FEE? NORTH 18"5D'50" EAST A DISTANCE OF 24,08 FE~ NORTH 16'09'26" EAST A DISTANCE OF 26.78 FEET MORE OR LESS TO THE INTERSECTION WITH THE AFOREMENTIONED NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER; THENCE RUN SOUTH 89'27'19" EAST ALONG SAID NORTH LINE A DISTANCE OF 668,67 FEET TO THE POINT OF BEGINNING, AND, TOGETHER WITH ALL PRIVATE UPLANDS (NON-SOVEREIGN) LYING WITHIN THE WEST 125 FEET OF THE EAST 225 FEET OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 14 (LESS THE SOUTH 635 FEET THEREOF), LYING SOUTHERLY OF THE ABOVE DESCRIBED PARCEL. SAID PARCEL LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, CONTAINING 5. 1 ACRES, MORE OR LESS//_ ~ ~ '~ GOV. LOT 3 m J Growth Management Department Comprehensive Plan Amendment Application Staff Report Project Name: Cypress Bend Subdivision Requested Action: Land Use Change from C-3 (County) to LDR Project Location a. Address: North of San Sebastian Springs. b. Legal: See survey c. Indian River County Parcel Number: 14-31-38-00000-3000-00004.0 Project Owner: Virginia Walker Russell Family Limited Partnership 17 Crown Court Fort Pierce, Florida 34949 (772) 429-2300 fax: (772) 429-0220 Project Agent: Hugh Russell Same as above Project Engineer: Masteller & Moler, lnc. 2205 14~Avenue VeroBeach, Florida 32960 772-567-5300 fax: (772) 794-1106 Project Surveyor: Carter Associates, inc. 1708 21 st Street Vero Beach, Flodda 32960 (772) 562-4191 fax: (772) 562-7180 Project Description Narrative of proposed action: The Russell Family Limited Partnership flied an application for annexation of a 46-acre parcel of land immediately north of San Sebastian Springs Subdivision, which is located north of County Road 512 along the banks of the St. Sebastian River. The property is currently zoned A-1 (Agricultural) with a C-3 (Conservation, 1 unitJ'2.5acras)land use desgnaton with a request to re-zone the property to RS-10 (10 000 SF minimum lot sze)/ wth a comprehensive land use designation of LDR (Iow density residential). ~ /j~\ / 1 conceptual subdivision plan submitted concurrent with the land use application reflects incorporation of 71 single-family lots on 46.1 acres, for a proposed density of approximately 1.54 units/acre, whereas the Iow-density residential land use category permits a maximum of 5 units per acre. The primary point of ingress and egress will be a direct connection to Gardenia Street along the southeastern quadrant of the property, with an emergency access to Gardenia at the intersection of Potomac Avenue along the northeast corner. Applicant will be required to reconstruct Gardenia Street to a full two- lane roadway as an element of required subdivision improvements. Current Zoning: A-1 (County - Agriculture) Adjacent Properties Zoninq Current Land Use Future Land Use North: A-1 East: RS-10 South: RS-20 West: CON-1 Boy Scout Camp C-3 Single-family residential LD Single-family residential LD River Preserve PUB (Public) d. Site Characteristics (1) Total Acreage: 46.1 acres (2) Current Land Use(s): Vacant (3) Soil: Oldsmar (4) Vegetation: Citrus (5) Flood Hazard: Zone X, AE (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: North County Park - 1/2 mile (9) Police/Fire: Sebastian Police 3 miles County Fire - 2 miles Comprehensive Plan Consistency Future Land Use: Traffic Circulation: Consistent Consistent 2 10. 11. 12. 13. 14. 15. 16. 17. c: Public Facilities: Consistent d. Housing: Consistent e. Coastal Management: Consistent f. Recreation and Open Space: Consistent g. Conservation: Consistent h. Intergovernmental Coordination: Consistent Conformance with Code of Ordinances: Consistent Changed Conditions: Existing site is undeveloped agricultural property, with a proposed change to single-family residential. Land Use Compatibility: Property to the south is a private deed restricted and gated community consisting of ~-acre minimum lots, while the property to the east is north is typical Sebastian Highlands development on N-acre lots. The proposed land use change to Iow density is consistent with adjoining properties and provides conservation of sensitive lands immediately adjacent to the St. Sebastian River preserve west of the subject property. Adequate Public Facilities: Provided - public utilities (water, wastewater) will be incorporated within the development of the proposed subdivision, and on-site stormwater tracts are also incorporated in the proposal Natural Environment: The proposed subdivision will contain the requisite open space as required by land development regulations. In addition, the proposal includes preservation of sensitive environmental lands along the St. Sebastian River preserve. Economic Effect: provided - The property is not within the corporate limits of the City of Sebastian. Annexation will provide additional 46+/- acres of land area with a proposal for a maximum of 71 residential units, which in turn creates an expanded tax base for the City of Sebastian. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to residential property and availability of sufficient public facilities and access. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the property in question is not an enclave, it is adjacent to the urban service area, and would most likely be better served by municipal services. The current use of the property is for agricultural purposes. The City does not permit agricultural uses and the proposed change to a single-family development is consistent with the future goals and objectives of the City 3 18. Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcel will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of properties lying adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. 19. Analysis: The Russell Family Limited Partnership filed an application for annexation of a 46-acre parcel of land immediately north of San Sebastian Springs Subdivision, which is located north of County Road 512 along the banks of the St. Sebastian River. The property is currently zoned A-1 (Agricultural) with a 0-3 (Conservation, 1 unit]2.Sacres) land use designation with a request to re-zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (Iow density residential). A conceptual subdivision plan submitted concurrent with the land use application reflects incorporation of 71 single-family lots on 46.1 acres, for a proposed density of approximately 1.54 units/acre, whereas the Iow-density residential land use category permits a maximum of 5 units per acre. The primary point of ingress and egress will be a direct connection to Gardenia Street along the southeastern quadrant of the property, with an emergency access to Gardenia at the intersection of Potomac Avenue along the northeast corner. Applicant will be required to reconstruct Gardenia Street to a full two-lane roadway as an element of required subdivision improvements. 20. Conclusion: The requested land use change from C-3 (County) to LDR is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends approval of the requested land use change subject to the following: 1. The land use change shall be conditioned upon receipt of annexation approval by PREI~ARED BY DATE 4 Permit Application No. ~ City of Sebastian ~,o~E~,~,~ Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Address: Owner (If different from applicant) Name: Address: Phone Number: ( ) FAX Number: ( ) E-Mail: Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'[-i'ACHED AND 8-'~/2" BY '~ 1' COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information Lot: Block: Unit: Subdivision: Indian River County Parcel #:/V ~J fl~ ~ Zoning Classification://~_ ? Future Land Use: C-~ , Propo, edUse: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Permit Application No. D. Project Personnel: Agent: Phone Number: ( , ) - / F~ ~mber: ( ) E-Mai[: / Attorney: Address PhoneNu Engineer: Name: Address Phone Number: ( ) FAX Number: ( ) E-Mail: Surveyor: Name: Address Phone Number: ( ) FAX Number: ( ) E-Mail: AM THE~ LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS · APPLICATION, AND TH2~_ALL THE INFORMATION, MAPS, DATA AND/OR SEETCHES PROVIDED IN THIS APPLICATION ARE Y~,U~TE ~;D ~_~ BEST OF MY~OWLEDGE A,D BEL,EF. I1 -) , ~O'aRNTOANDSUBSCRIBEDBEFOREMEBY ~J~¢'C; ~' ~"1 ~O( P,/.~;'.%,.~ // WHO IS~O ME OR PRODUCED ~' AS IDENTIFICATION, THIS /C~ DAY OF ~Y-"~./~'/'Z~L~ ,20_~.~. N OTARY'S SIGNATURE PRINTED NAME Of NOTARY COMMISSION NO./EXPIRATION SEAL: ,~ t.~.:,, Wanda ]. Walker ~;..-~-~ March 14, 20{)5 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals, i/WE, ~ THE OWNER(S) / THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. h'WE HEREBY WAIVE ANY OBJECTION OR DEFENSE i/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. pTHi~AIVER AND COr~N~ IS BEING SIGNED BY ME/US VOLUNTAR,LY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR ES MA~DE, ~Y .N~4-E~PLOYEE, AGENT, CONTRACTOR OR OFFACIAL OF THE CITY OF SEBASTIAN. and sub.~ssr~ before me by who is personall n~.~9..~3>to me or produced '" : ' as identification, this /,F/A day of ~.~, 200~. Printed Name of Notary Commission No./Expiration Seal: Permit Application No. Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. 1. Current land use map designation: 2. Proposed land use map designation: Size of project in acres: 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City..~'~,~.. 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)? 6. Is the proposed amendment in conformance with applicable substantiv requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? I~[~ ,,~ Permit Application No. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? /~/~,'11~, 8. Is the proposed amendment compatible with the existing or future land uses of the city? f not, why not? /"//e 6 9. Are there adequate public facilities to serve the proposed land use? If not, which one(s) are not adequate? q'~5, ~-~t~J~ t¢¢~.~- 10. Would the proposed amendment result in a significant adverse impact on the naturalenvironment? Ifso, describe the impact. /i/~. 7'~' C/,t.f-/"",~q4 Permit Application No. 11. Would the proposed amendment adversely affect the property values of the area, the general health, safety and welfare and impact the financial resources oftheoity? If so, describe how. /~', ~ ~¢../¢$~,~,.~ 12. Does the proposed amendment result in an orderly development pattern? If not, describe. * , ! / 13. Attached the following: a. A verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient. b. Attach a list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. c. A survey and legal description of the property for which the land use amendment is being requested. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 2004 "1 make a motion that we approve the site plan for the Shoppes of Sebastian, Publix in particular." ROLL CALL: Mr. Faille yes Chmn Smith yes Mr. Mahoney yes Mr. Seeley yes Mr. AIIocco yes Mr. Keough yes Mr. Paul yes The vote was 7-0, Motion carried. MOTION by Keough/AIIocco "1 make a motion [that we approve] the conditional use permit for a commercial building over 20,000 square feet." ROLL CALL: Mr. Faille yes Mr. AIIocco yes Chmn Smith yes Mr. Keough yes Mr. Mahoney yes Mr. Paul yes Mr. Seeley yes The vote was 7-0. Motion carried. Public Hearing - Recommendation to City Council - Request for Rezone (A-1 County to RS-10) and Amendment to Comprehensive Plan Future Land Use Map (C-3 Countyto LDR) for Annexation of 46 Acres West of Gardenia Street and Dolphin Avenue - Cypress Bend Subdivision Chmn Smith opened the public hearing at 7:47 p.m. Mr. Earl Masteller, 2205 14th Avenue, Veto Beach, Florida presented the application. He presented a plan that showed five more lots than the original proposal, bringing the total to 71 lots and a density of 1.54 units/acre. The average lot is 100' X 135'. The site will have a storm water management tract. The access is off Gardenia and this will be a gated community. There was discussion regarding the proposed buffer between the lots and the St. Sebastian River. Mr. Hess added that the only issue before the commission is the land use and zone designation. He added that Gardenia Street would be widened by the developer to a two lane/two-way road. The following people spoke: Steve Harbor, 949 Potomack, asked about the emergency access road. Louise Kautenberg, 973 Oswego Ave., in favor of the development but concerned about traffic and drainage. George White, 981 Senaca Ave., asked if there would be a fence around the site and concerned about traffic. Richard Baker, 522 N. Blue Island Ln., wants to see a 200' buffer along the river. Frank Wagel, 8060 142"d St., asked about the setbacks along the river. Mr. Masteller responded to the comments from the public and added how helpful and efficient the Growth Management staff is considering the amount of work processed by such a small staff in comparison to other communities, 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 2004 The hearing was closed at 8:32 p.m. MOTION by AIIocco/Paul "1 make a motion that we approve [recommendation to City Council] the conception plan for the Cypress Bend Subdivision." ROLL CALL: Mr. Allocco yes Mr. Mahoney yes Chmn Smith yes Mr. Keough yes Mr. Seeley yea Mr. Paul yes Mr. Faille yes The vote was 7-0. Motion carried. MOTION by AIIocco/Keough "1 make a motion that we approve [recommendation to City Council] the rezoning from A1 County to RS-10 (Cypress Bend Subdivision)." ROLL CALL: Mr. Keough yes Mr. Mahoney yes Chmn Smith yes Mr, Faille yes Mr. Seeley yes Mr. Paul yes Mr. AIIocco yes Chmn Smith called for a recess at 8:35 p.m. The meeting was reconvened at 8:47 p.m. and all commissioners were present. Public Hearing - Recommendation to City Council - Request for Rezoning and Amendment to the Comprehensive Plan Future Land Use Map for (annexation of) 25 Acres West of Powerline Road - Cross Creek Addition Chmn Smith opened the hearing at 8:48 p.m. Mr. Bruce Moia, Mosby & Associates, 2455 14th Avenue, Veto Beach, Florida presented the application. He explained that this is a land locked piece of land to be added to the existing Cross Creek Subdivision. Mr. Hass added that the project would consist of half-acre lots to be added to the existing Cross Creek Subdivision. No one from the public spoke. The hearing was closed at 8:53 p.m. MOTION by AIIoccc/Smith "1 make a motion that we approve [recommendation to City Council] the 25 acre addition of the Cross Creek Subdivision for the Land Use Change from R County to LDR." ROLL CALL: Mr. AIIocco yes Chmn Smith yes Mr. Keough yes Mr. Mahoney yes Mr. Seeley yes Mr. Paul yes Mr. Faille yes (The vote was 7-0. Motion carried. 5 City of Sebastian, Florida ect: First reading of Ordinance No. O- 05-05; land use amendment for a proposed 25.5-acre addition to the recently annexed Cross Creek Subdivision. AgendaNo. 05. OI Department Origin: Growth Managem~ Purchasing/Contracting: Finance Director: City Attorney: ~-- 'G City Clerk: ~/~ Date Submitted: January 05, 2005 For Agenda of: January 12, 2005 Exhibits: Ordinance No. O-05-05, Location Map, StaffReport, Application, P&Z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY Mr. Henry A. Fischer is requesting a large scale land use map amendment for a 25.55+/- acre tract of land situated immediately south of Cross-Creek Subdivsion - west of Powerline Road south of Barber Street and north of CR 510. The current land use designation for the subject parcel is R (Residential luni*Jacre (County)), while the current zoning is A-1 (Agricultural 1 unitJacre). Mr. Fischer is requesting annexation of said pamel with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of RS-lO (10,000 SF minimum lot size). The property is slated to become phase II of Cross Creek Subdivision, which is proposed to contain 150 single family residential lots with minimum lot size of 95' x 135'. A similar design is anticipated for the subject pamel. RECOMMENDED ACTION Conduct first public hearing. Staff recommends the City Council move to pass this ordinance on first reading and transmit said Ordinance to the Department of Community Affairs. Upon receipt of comments from DCA, a second hearing will be conducted. "Move to pass Ordinance No 0-05-05 on first reading for transmittal to the Department of Community Affairs." Ordinance No. O-05-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AM2ENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL Q_,DR) FOR ANNEXED LAND WITH A PRIOR COUNTY LA_ND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 25 ACRES, MORE OR LESS, LOCATED WEST AND ADJACENT TO CROSS CREEK LAKE ESTATES ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK ADDITION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABH JTY; AND PROVH)ING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of the Henry A. Fischer for an amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation orR (Residential, 1 unit per acre) to a City designation of LDR (Low Density Residential); and WrI~2~REAS, the City Council has considered the criteria identified in the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WlqEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WI:I~REAS, the City Council has considered the applicable provisions o£ the existing Comprehensive Land Use Plan; and WHE, REAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Map, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendment adopted by this Ordinance shall affect the following described real property, as of the effective date to be lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Schedule ".4" containing 25.55 acres more or less. .Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the same as LDR (Low Density Residential) in accordance with the requirements of Florida law. Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. Section 4. CONFLICT. All ordinances or par~s of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184(I)(b), Fla. Stat., whichever is applicable, and annexation of the property into the corporate limits of the Cky of Sebastian. If a final order of noncompliance is issued by the Administration Commission, this amendment may nonetheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 12th day of January, 2005, by Councilmember · The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember ATTEST: Sally A. Maio, CMC City Clerk ADOPTION The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Vice-Mayor Councilmember Councilmember Councilmember The Mayor thereupon declared this Ordinance duly passed and adopted this __ , 200 . CITY OF SEBASTIAN, FLORIDA day of ATTEST: By: Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney ORDINANCE 0-05-05 SCHEDULE A From the center of Section 30, Township 31 South, Range 39 East, Indian River County, Florida, mn South 89 degrees 32 minutes 01 seconds West along the North boundary of the Southwest quarter of Section 30 a distance of 1163.97 feet to the POINT OF BEGINNING; thence nm South 00 degrees 09 minutes 57 seconds East a distance of 1336.24 feet to the quarter-quarter line; thence nm South 89 degrees 50 minutes 01 seconds West along said quarter-quarter line a distance of 835.12 feet; thence nm North 00 degrees 05 minutes 51 seconds West a distance of 1331.88 feet to the North boundary of the Southwest quarter; thence mn North 89 degrees 32 minutes 01 seconds East a distance of 833.55 feet to the POINT OF BEGINNING. LESS AND EXCEPT the Southern fifty (50) feet of the above-described property pursuant to Chancery Order Book 9, Page 564, in the Public Records of Indian River County, Florida t Growth Management Department Comprehensive Plan Amendment Application Staff Report Project Name: Cross Creek Subdivision Addition Requested Action: Land Use Change from R (County- 1unit/acre) to LDR Project Location Address: Immediately South of Cross-Creek Subdivision - Powerline Road South of Barbednorth of CR 510. b. Legal: See survey c. Indian River County Parcel Number: 30-31-39-00000-5000-00002.0 Project Owner: Henry A Fischer P.O. Box 780068 Sebastian, Florida 32978 (772) 589-3159 fax: (772) 589-7731 Project Agent: Warren W. Dill Dill & Evans, P.L. 1515 U.S. Highway 1, Suite 201 Sebastian, Flodda 32958 (772) 589-1212 fax: (772) 589-5212 Project Engineer: Mosby & Associates, Inc. 2455 14th Avenue Vero Beach, Florida 32960 (772) 569-0035 fax: (772)-778-3617 Project Surveyor: David M. Jones 3899 39t~ Street Veto Beach, Florida 32960 (772) 567-9875 fax: (772) 567-9172 Project Description Narrative of proposed action: Mr. Henry A. Fischer is requesting a large Barber Street and north of CR 510. The current land use designation for the subject parcel is R (Residential 1 unit/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). Mr. Fischer is requesting annexation of said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of RS-10 (10,000 SF minimum lot size). The property is slated to become phase II of Cross Creek Subdivision, which is proposed to contain 150 single family residential lots with minimum lot size of 95' x 135'. A similar design is anticipated for the subject parcel. Current Zoning: A-1 (County - Agriculture) Adjacent Properties Zonin.q Current Land Use Future Land Use North: RS-10 Single FamilyNacant LD East: RS-10 Single FamilyNacant LD South: A-1 Vacant R (County) West: RS-10 ResidentialNacant LD d. Site Characteristics (1) Total Acreage: 25.55 acres (2) Current Land Use(s): Vacant (3) Soil: OIdsmar, Pepper (4) Vegetation: Cleared, Palm, Oak (5) Flood Hazard: Zone X (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: Indian River County Utilities (Water Main) Indian River County Utilities (Forcemain) Barber Street - 3/4 mile (9) Police/Fire: Sebastian Police 4 miles County Fire - 3/4 miles Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent c: Public Facilities: Consistent 10. 11. 12. 13. 14. 15. 16. 17. d. Housing: Consistent e. Coastal Management: Consistent f. Recreation and Open Space: Consistent g. Conservation: Consistent h. Intergovernmental Coordination: Consistent Conformance with Code of Ordinances: Consistent Changed Conditions: Site is currently vacant un-developed land, with proposed change to single-family residential. Land Use Compatibility: Adjacent properties to the north and east are designated Iow density residential, while the property immediately south is designated for Iow density residential within the County. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. Additionally, the infrastructure improvements slated as an element of the proposed project will enhance the viability and sustainability of the area. Adequate Public Facilities: Provided - public utilities (water, wastewater) will be incorporated within the development of the proposed subdivision, and the existing lake will double a stormwater detention basin. Natural Environment: The proposed Subdivision will contain the requisite open space as required by land development regulations. Economic Effect: provided - The property is currently not within the corporate limits of the City of Sebastian. Annexation will provide an additional 25.55 +/- acres of land area, which in turn enhance the value of the property and increase tax revenues to the City. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to residential/commercial property and availability of sufficient public facilities and access. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the property in question is not an enclave (although adjacent on three sides to City boundaries), it is adjacent to the urban service area, and would most likely be better served by municipal services. The proposed change to a single-family residential is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. 18. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of proper/les lying adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. t9. Analysis: Mr. Henry A. Fischer is requesting a large scale land use map amendment for a 25.55+/- acre tract of land situated immediately south of Cross-Creek Subdivsion - west of Powerline Road south of Barber Street and north of CR 510. The current land use designation for the subject parcel is R (Residential 1unit/acre (County)), while the current zoning is A-I (Agricultural 1 unit/acre). Mr. Fischer is requesting annexation of said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of RS-10 (10,000 SF minimum lot size). The property is slated to become phase II of Cross Creek Subdivision, which is proposed to contain 150 single family residential lots with minimum lot size of 95' x 135'. A similar design is anticipated for the subject parcel. 20, Conclusion: The requested land use change from R (County) to LDR is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends approval of the requested land use change with the following condition: The land use change shall be conditioned upon receipt of annexation approval by 4 Permit Application No. City of Sebastian Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: I~enry Anthony Fischer Address: P.O. Box 780068, Sebastian'; FL 32978 Phone Number: (772) 589 - 3159 FAX Number: (772) 589-7731 E-Maik Owner (If different from applicant) Name: H~ Ant_hor~ F±scher Address: P.O. ~ 780068r Sek~.st±an, FL Phone Number: (772) 589 - 3159 32978 FAX Number: (772 ) 589-7731 E-Mail: N/A Title of permit or action requested: Ccmpreher~ive Pla~ Lar~Q Use Nap Amendment PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. A3-t'ACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): (~RDSS (]~:~, a sul:~ivision (ad~lition thereto) B. Site Information Address: See attached Warranty Deed Lot: Block: Unit: Subdivision: Indian River County Parcel #: 30-31-39-00000-5000-00002,0 Zoning Classification: Future Land Use: Existing Use: Proposed Use: Vacant Residential Subdivision Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Annexation of the property into the City and residential development under the Future Land Use Nap classification of LDR with RS-10 zoning. D^TE RECE,VED: b RECEIVED BY: Permit Application NO. D. Project Personnel: Agent: Name: Warren W. Dill Address Dill & Evans~ P.L.~ 1565 U.S. Highwav 1. Sebastian. FL 32958 Phone Number: (772) 589 ~212 FAX Number: (772) 589-5212 E-Maih N/A Attorney: Name: Same as Agent. Address Phone Number: ( ) FAX Number: ) E-Maih Engineer: Name: Address 2455 - 14~ Av~ue, Ve~ ~ch, ~ 32960 Phone Number: (772) 569 -0035 FAX Number: (772) 778-3617 E-Mail: N/A Surveyor: Name: David M. Jones Address 3899 39~h S~reet. Veto ~ach. ~'% Phone Number: ( ) {777) ~7-(~R7~ E-Maih 32960 FAX Number: ( ) (77)) q&7-q177 War~e.~ W. Dill , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED iN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST O~MY KNOWLEDGE AND BELIEF. ~IGNATURE ~ ' DATE SWORN TO AND SUBSCRIBED BEFORE ME BY W~f~n W. Dill WHO IS P~F. RSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS ,=.'Z/ DAY OF N OTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No./ExPIRATION SEAL: June , ,2004 .r ~/ - Diana C Hill MYCOMMISSION# DD045145 EXPirES September 7, 2[305 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/VVE, THE OWNER(S) / X THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE ? & Z ~ City COU.n_cll BOARD/COMMISSION OF THE CiTY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/¥VE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR S~N^¥URE ~ ~ ' DATE Sworn to and subscribed before me by WaL.--r~en W. ]3'i 11 who is rs~ll¥ known to me or produced. as identification~ this c:~ day of ,.3 .t~ae __ . _ Notary's Signature ~~.~ ~~ Printed Name of Notary / Commission No./Expiration Seal: Diana C HEll MYCOMMISSION# DD04~145 ID~IRES September 7, 2005 Permit Application No. Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. 1. Current land use map designation:Indian River County R - Residential 2. Proposed land use map designation: Sebastian Low Density Residential (I. DR) __3. Size of project in acres: 25 acres Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. This application is consistent with the City's annexation policy and Comprehensive Plan and will not have any adverse impacts on the City. 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)? Yes 6. Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? Yes Permit Application No. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? The City has recently annexed the contiguous land and this property was intended to be a part of the Cross Creek subdivision, planned for this area. Is the proposed amendment compatible with the existing or future land uses of the city? If not, why not? The proposed Amendment is compatible with the City's land uses surrounding this property on two sides. 9. Are there adequate public facilities to serve the proposed land use? If not, which one(s) are not adequate? All [:,~bllc facilities are adequate. The road to the develo~nent will be paved to its entrance and the roads internal to the development will be paved. 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, describe the impact. No. The prior use of the property was a citrus grove. Permit Application No. 11. Would the proposed amendment adversely affect the property values of the area, the general health, safety and welfare and impact the financial resources of the city? If so, describe how. '2b.~ will not be any adverse effects from this develol2ment. This develot~aent will enhance the value of the property am~ thus increase the tax revenue of the City. 12. Does the proposed amendment result in an ordedy development pattern? If not, describe. Yes. The development is contiguous with the City limits on two sides and will result in a logical ~rderly expansion of the City. 13. Attached the following: a. A vedfied statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient. b. Attach a list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. c. A survey and legal description of the property for which the land use amendment is being requested. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 2004 The hearing was closed at 8:32 p.m. MOTION by AIIocco/Paul "1 make a motion that we approve [recommendation to City Council] the conception plan for the Cypress Bend Subdivision." ROLL CALL: Mr. AIIocco yes Mr. Mahoney yes Chmn Smith yes Mr. Keough yes Mr. Seeley yes Mr. Paul yes Mr. Faille yes The vote was 7-0. Motion carried. MOTION by Allocco/Keough "1 make a motion that we approve [recommendation to City Council] the rezoning from A1 County to RS-10 (Cypress Bend Subdivision)." ROLL CALL: Mr. Keough yes Mr. Mahoney yes Chmn Smith yes Mr. Faille yes Mr. Seeley yes Mr. Paul yes Mr. Altocco yes Chmn Smith called for a recess at 8:35 p.m. The meeting was reconvened at 8:47 p.m. and all commissioners were present. Public Hearing - Recommendation to City Council - Request for Rezoning and Amendment to the Comprehensive Plan Future Land Use Map for (annexation of) 25 Acres West of Powerline Road - Cross Creek Addition Chmn Smith opened the hearing at 8:48 p.m. Mr. Bruce Moia, Mosby & Associates, 2455 14th Avenue, Vero Beach, Florida presented the application. He explained that this is a land locked piece of land to be added to the existing Cross Creek Subdivision. Mr. Hass added that the project would consist of half-acre lots to be added to the existing Cross Creek Subdivision. No one from the public spoke. The headng was closed at 8:53 p.m. MOTION by AIIocco/Smith "1 make a motion that we approve [recommendation to City Council] the 25 acre addition of the Cross Creek Subdivision for the Land Use Change from R County to LDR." ROLL CALL: Mr. AIIocco yes Chmn Smith yes Mr. Keough yes Mr. Mahoney yes Mr. Seeley yes Mr. Paul yes Mr. Faille yes The vote was 7-0. Motion carried. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 2004 MOTION by Allocco/Keough "1 make a motion that we approve [recommendation to City Council] Cross Creek Subdivision for rezoning from A1 County to RS-10?' ROLL CALL: Mr. Faille yes Chmn Smith yes Mr. Mahoney yes Mr. Seeley yes Mr. AIIocco yes Mr. Keough yes Mr. Paul yes The vote was 7-0, Motion carried. CHAIRMAN MATTERS: Chmn Smith inquired on the status of Hurricane Harbor and Ms. King said they have been in the office and are working with staff. He also asked about the Sebastian Village project status. Mr. Hass said he believed they have all their building permits. Chmn Smith commented about the Davis Street Commerce Building not having the stucco on the exterior. Mr. Hass and Ms. King said they would not get a certificate of occupancy if they do not comply. MEMBER MATTERS: Mr. AIIocco asked about the roof design of the new Remax Building as it projects over the sidewalk. Mr. Hass said that is one of the zero setback areas. Mr. AIIocco agreed with Mr. Masteller's comments on the fine performance of the Growth Management Department with relation to its size. Mr. Keough agreed, as did other commissioners. Mr. Paul asked how could the application form be changed, as some of the questions asked are repetitious and ambiguous. Mr. AIIocco suggested Mr. Paul work up a draft. DIRECTOR MATTERS: Mr. Hass thanked the commission for their words of kindness and appreciation. He also thanked the board for being understanding with the shuffling of the special meeting date, Chmn Smith asked about the possibility of increasing the staff of the Growth Management Department. Mr. Hass complimented his staff on their teamwork and ability to process the workload and added that what the department really needs is a planner. Mr. Hass said the Community Redevelopment Board has been appointed by the City Council and Susan is secretary to that board and Jan is the CRA Coordinator. ATTORNEY MATTERS: NONE Chmn Smith adjourned the meeting at 9:10 p.m. (7/19/04 SBL) 6 HOM~ OF ~ ISLAND City of Sebastian, Florida Subject: First reading of Ordinance No. O- 05-08; land use amendment for a proposed 40-acre subdivision located south of Sebastian River Landings Phase H. __~. by: City Manager Agenda No. 0~. O I -/ Department Origin: Growth Managemep~ Purchasing/Contracting:. ¥inance Director: City Attorney: City Clerk: Date Submitted: January 05, 2005 For Agenda of: January 12, 2005 Exhibits: Ordinance No. O-05-08, Location Map, StaffReport, Application, P&Z recommendation. REQUIRED: REQUIRED: None None SUMMARY Mr. Dan Hess - Double R & D Inc. - filed an application for annexation of a 40.224-acre parcel of land immediately south of Sebastian River Landing Phase II located at the intersection of County Roads 510 & 512. The Hammocks will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately east of the Spencer Development along CR. 510. Mr. Hess's property is currently zoned A-1 (Agricultural) with an R (Residential, 1 unit/acre) land use designation and he desires to re- zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (Iow density residential, 5 units/acre). RECOMMENDED ACTION Conduct first public hearing. Staff recommends the City Council move to pass this ordinance on first reading and transmit said Ordinance to the Department of Community Affairs. Upon receipt of comments from DCA, a second hearing will be conducted. "Move to pass Ordinance No 0-05-08 on first reading for transmittal to the Department of Commu.rfity Affairs." Ordinance No. O-05-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO ~ COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIlZICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENITAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 40 ACRES, MORE OR LESS, LOCATED EAST OF CRS10 AND THE SEBASTIAN RIVER }ilGH SCHOOL KNOWN AS THE HAMMOCKS; AUTHORIZING FINDING AND ADMINISTRATIVE ACTIONS; PROVII)NG OR CONFLICTS; PROVIDING FOR SEVERABELITY; AND PROVIDING FOR EFFECTIVE DATE. WiCYEREAS, the City Council has considered the application of the Dan Hess of Double R & D, Inc. for an amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation orr (Residential, 1 unit per acre) to a City designation of LDR (Low Density Residential); and Wl~EREAS, the City Council has considered the criteria identified in the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WglEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WFfEREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Map, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. NOW, TltEREFORE, BE IT ORDAINED BY TII-E CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORII)A, as follows: Section 1. AFFECTED PROPERTY. The amendment adopted by this Ordinance shall affect the following described real property, as of the effective date to be lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Schedule ",4" containing 40.224 acres more or less. Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the same as LDR (Low Density Residential) in accordance with the requirements of Florida law. Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABII,ITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such ihvalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184(1)Co), Fla. Stat., whichever is applicable, and annexation of the property into the corporate limits of the City of Sebastian. Ifa final order of noncompliance is issued by the Administration Commission, this amendment may nonetheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 12~h day of January, 2005, by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember ATTEST: Sally A. Maio, CMC City Clerk ADOPTION The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put m a vote, the vote was as follows: Mayor Vice-Mayor Councilmember Councilmember Councilmember. The Mayor thereupon declared this Ordinance duly passed and adopted this __ ,200__. CITY OF SEBASTIAN, FLORIDA day of ATTEST: By: Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney ORDINANCE O-05-08 SCHEDULE A THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 26, TOWNSHIP 31 SOUTH, RANGE 38 EAST, SAI]D LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. Sebastian F Landings, Unit THE HAMMOCKS Se Growth Management Department Comprehensive Plan Amendment Application Staff Report Project Name: ReqtJested Action: Project Location a. Address: The Hammocks - 40 acre Subdivision. Land Use Change from R (County) to LDR East of CR 510 and Spencer Development, south and adjacent to Sebastian River Landings. b. Legal: See survey C. Project Owner: Project Agent: Project Engineer: Project Surveyor: Project Description ~t, Indian River County Parcel Number: 31-38-26-00000-3000-00006.0 Mr. Dan Hess - Double R & D Inc. 13465 N. Indian River Drive Sebastian, Florida 32958 (772) 581-1989 fax: (772) 581-4566 Aaron Bowles, P.E. Mosby & Associates, Inc. 2455 14th Avenue Vere Beach, Ftorida 32960 (772) 569-0035 fax: (772) 778-3617 Same as above Taylor & Moody Land Surveying 1430 21st Street Veto Beach, Florida 32960 (772) 569-1247 fax: (772) 569-9603 Narrative of proposed action: Mr. Dan Hess - Double R & D Inc. - filed an application for annexation of a 40.224-acre parcel of land immediately south of Sebastian River Landing Phase II located at the intersection of County Roads 510 & 512. The Hammocks will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately east of the Spencer .,/-'"'~ Development along CR. 510. Mr. Hess's property is currently zoned A-~ ) 1 (Agricultural) with an R (Residential, 1 unit/acre) land use designation and he desires to re-zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (low density residential, 5 units/acre). Current Zoning: Adjacent Properties Zonin.q North: PUD-R East: PUD South: A-l/RS-3 West: RS-10 d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9} Police/Fire: A-1 (County - Agriculture) Current Land Use Future Land Use Comprehensive Plan Consistency a. Future Land Use: Consistent b. C: d. Single FamilyNacant LDR Vacant L-1 (County) Vacant L-1 (County) Single FamilyJacant LDR 40.224 acres Vacant Electra, Riviera, Wabasso Various Plant Material Zone X Indian River County Utilities Indian River County Utilities North County Park - 1/2 mile Sebastian Police 4 miles County Fire - 2 miles Traffic Circulation: Public Facilities: Housing: Consistent Consistent Consistent Coastal Management: Consistent Recreation and Open Space: Consistent 2 g. Conservation: Consistent h. Intergovernmental Coordination: Consistent 10. Conformance with Code of Ordinances: Consistent 11. Changed Conditions: Existing site is undeveloped agricultural property, with a proposed change to single-family residential. 12. Land Use Compatibility: Adjoining properties to the west and north are under evaluation for annexation into the city for the development of single-family neighborhoods, while the adjoining property to the east and south are currently being developed through the County as single-family subdivisions. 13. Adequate Public Facilities: Provided - public utilities (water, wastewater) will be incorporated within the development of the proposed subdivision, and on-site stormwater tracts Will also be incorporated in the proposal. 14. Natural Environment: The proposed subdivision must contain the requisite open space as required by land development regulations. 15. Economic Effect: provided - The property is not within the corporate limits of the City of Sebastian. Annexation will provide an additional 40.224 +/- acres of land area, which in turn creates an expanded tax base for the City of Sebastian. 16, Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to residential property and availability of sufficient public facilities and access. 17. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the property in question is not an enclave, it is adjacent to the urban service area, and would most [ikely be better served by municipal services. The current use of the property is for agricultural purposes. The City does not permit agricultural use and the proposed change to a single- family development is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. 18. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcel will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of properties lying adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. 3 19. Analysis: Mr. Dan Hess - Double R & D Inc. ~ filed an application for annexation of a 40.224-acre parcel of land immediately south of Sebastian River Landing Phase Il located at the intersection of County Roads 510 & 512. The Hammocks will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately east of the Spencer Development along CR. 510. Mr. Hess's property is currently zoned A-1 (Agricultural) with an R (Residential, 1 unit/acre) land use designation and he desires to re- zone the property to RS-10 (10,000 SF minimum lot size)with a comprehensive land use designation of LDR (Iow density residential, 5 units/acre). 20. Conclusion: The requested land use change from R (County) to LDR is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21, Recommendation: Staff recommends approval of the requested land use change subject to the following: The land use change shall be conditioned upon receipt of annexation approval by 4 83/25/28S4 18:18 7727783817 MOSBY A8SOC PAGE City of Sebsstien Development Order Application Applicant (if not owner~ written authorization (not~rlzedl from owner is m~Juired) Name: MR. DAN I,IES~ - Double R & Dr Inc. Addmss: 13455 N. Indian River Drive Sebseaan~ FL 32468 Phone Number: ( 772 ) 581-1989 {Fax Number: ( 772 ) 58'1-4566 E-MaiI: Owner (if different from applicant) Name: Same aa applicant Address: Phone Number: ( ,, ~ E-Mail: IType of permit or action m11uesmd: {Fax Number: Com~ehensive Plan Amendment PLEASE COMPLETE ONLY TI-IO~E SECTIONE WHICH ARE NECESSARY FOR TIlE PER~I~ OR AC~ON THAT YOU ARE REQUES~NG, COPIB~ OF AIL MAPS, SURVEYS, DRAWINGS, E'TC, SHALl. SE AI'I'ACHED AND 8 1/~ x 11" COPIES ANYATTACHMENT$$HALLBEINCLUDED. ATTACHTHEAPpROPRIAIESUPPLEMENTAL.FOnMA?iONFORM {A. Pm~ct'sName(lfapp~cab~): Hammo~ks-4OacreSubd~isio. B. Site Information Address: B925 8~th Avenue Lut: BIo~k; Unit: Subdivision: Indian River County Parce~ #: 31-35-25,-00000-3000-00006.0 Zoning Classification: A-1 Future Land Use: Ex~fing Use: Proposed Use: vacant RESIDENTIAL Description of proposed activity and purpose Df the reque~tsd perrrilt or action (attach extra sheets if necessary): SINGLE FAMILY RESIDENTIAL SUBDIVISION. DATE RECEIVE D: ~//':::~/~ ~ Reviaion: FEE PAID: of 3 RECEIVED BY:~:~ 03/25/2884 18:18 7727783817 HOSBY ASS[lC PAGE 03/10 D. Project Personnel: Agent: Address: Same aa applicant Phone Number. ( ) IFax Number: E-Mail: Attorney: Name: NIA ~ddrees: Phone Numbe~: ( E-Mail: Engineer: Mr. Aaron J. Bowles, P.E. 2455 14~ Avenue Phone Number: ( 772 ) 569-0035 E-Marl: nloSb~,'D01 ~ahocLc~m Sutve~m': Mr. David Taylor. PSM Name: Mosby & Associates, Inc. Vero BeaGh, FL 32960 IFax Number. ( 772 ) 778-3617 Taylor & Moody Land Surveying Address: 1430 21et Street Vero Beachr FL 329~0 Phone Number: ( 772 ) .56~-1247 IFax Number: ( 772 ) 569-9603 E-Mail: NIA i,~o,~ ~ BEING FUP~T DUPLY ~RN, DEPOSE AND. ;AY THAT: X I ~ ~E OWN~ I ~ ~E LEaL REPRE~ATIVE OF THE ~R DF T~ PR~ER~ DE~RIBED ~1~ JS THE SUB.CT MAWR OF THt~ APPLICATION. AND ~T ~L THE I~TI~, ~S. ~TA, A~R SK~HES ~ID~ IN ~1S APPMCATION AND TRUE TO THE BEST OF M~EDOE A~ ~LIEF. ~ a.d subs~ib~ ~re me by ~ ~['~ Who Js~e~y kn~n to me or ~odu~ ..... ~ as ~en~i~tion, mis ~ day of ~ ,2~0 ~ PRINTED NAME OF NOTARY ~ ~C~/~ ~ix ~Y ~'~', COM.ISS,ON NO./~PIRATION., ~ ~ ~ 7i~ ~ )~/22~/. ~ S~L: ~ - - ~ ~ JForm CD-2O01 JRevieion: Page 2 of 3 Approved: 08-27-97 Development Application File Name: DOA 0~/25/2804 1B:~8 772778~G17 HO~ ASSOC Pi~iE 04/10 The following is required for all comprehenaive plan amendments, zoning amendments (inleudtng rezoning), site plans, =onditions use permits, speGlal use permits, varianaes, exceptions, and appeals. I/VVE, _X , THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE PLANNING & ZONING BOARD/COMMISSION OF THE CrTY OF SEBASTIAN (THE BOARD/COMMISSiON) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW TIlE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. LNVE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD,COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTYI INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR SUBSTANTICE DUE PROCESS Rl(~rrs UNDER THE FLORIDA CONSTITUTION aT THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT. CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. ~,~l~nat=~ Dat~ ' Sworn to and subscribed before me by Who is. personally Imown to me or produced as identification, this ~,~) day~t [~r-d"~3 ,200~'" PRINTED NAME OF NOTARY ,/~/' qJ~/,,~ /-~/~/~'/'~-~" CaMM SS ON NOJEXPIRATION //I~ ~_-7/~-'/ /,~ - SEAL: Form CD-20Ol Revision: Pa~e 3 of 3 Approved: 08-27-97 JDevelopment Appllcetio~ File Name: DCA Permit Application No. Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES, IF NECESSARY. x 1. Current land use map designation: ~ ~,. IcuPfT'/(°FCjE~'' x 2. Proposed land uae map designation: × 3. Size of the project in acres: 40 X 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City: The property is to annexed into the City, The proposed project will promote growth and tax based for the City. No proposed impact on other elements of the Comp. Plan. X 5. Is the proposed ademendment consistent with the other elements of the comprehensive plan? If not, which one(s)? Yes. X 6. Is the proposed amendment in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances? If not, which one(s)? Yes. X 7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevent to the proposed amendment? None. Form CD-2008 /~.AC"CTO'~¢~~ 08-27-97 Revision: Page 1 of 3 Comp Plan Amend (Land Use) File Name: SICPALU X 8. Is the proposed amendment compatible with the existing or future land uses of the City? If not, why not? Yes. X 9. Are there adequate public faciities to serve the proposed land use? If not, which one (s) are not adequate? Yes. X 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, descdbe the impact. No. X 11. Would the proposed amendment adversely affect the property values of the area, the general health, safety, and welfare and impact the financial resources of the City? If so, describe how. No. x 12. Does the proposed amendment result in an orderly development pattern? If not, describe. Yes. Form CD-2008 Revision: Approved: 08-27-97 Page 2 of 3 Comp Plan Amend (Land Use) Fle Name: S CPALU X 13, Attach the following: X a. A verified statement showing each and every indidual person having a legal and/or equitable ownerhsip interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corooration and principal executive officers will be sufficient. X b. Attach list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. X c. A survey and legal description of the property for which the land use amendment is being requested. Form CD-2008 Approved: 08-27-97 Revision: Page 3 of 3 Comp Plan Amend (Land Use) F e Name: SICPALU PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF JULY 27, 2004 would be followed. Mr. Hass said he would contact the City of Felismere regarding this issue. There was extensive discussion about what constitutes two accesses to the property and the possibility of going through Fischer Lake Island Subdivision. Mr. Bruce Moia, Mosby & Associates, Veto Beach, Florida said they had researched all possible venues of access and this was the best-proposed plan. Mr. Hass added that we could not demand an applicant to provide access through private property. Mr. Seeley was concerned about the increase of traffic on CR512. Mr. Hughes wanted assurance that prospective homeowners would be made aware that numerous school buses are parked at the school location and all start their routes there creating a large amount of noise and exhaust. Mr. Evans said he is willing to put a notice in the homeowners' covenant. No one from the public spoke in favor or opposition. The hearing was closed at 8:04 P.M. MOTION by Paul/Seeley "1 make a motion to deny the project based on second access and potential problems with the cemetery." Mr. Hass cautioned the commission that according to code they have provided two points of ingress and egress. He suggested they be more specific. Mr. Smith was concerned that by putting the potential problem of the cemetery in the motion would result in the city being responsible for any issues that should arise and it should be the developer's responsibility. Mr. Seeley retracted his second. As there was no second to the motion, the motion failed. MOTION by Mahoney/Smith "1 make a motion that we approve with the proviso that the city council will recognize our exemption and vote in accord from the necessity of providing two accesses based on our recommendation." ROLL CALL: Mr. AIIocco no Mr. Mahoney yes Chmn Smith yes Mr. Keough yes Mr. Seeley no Mr. Paul no Mr. Faille yes .~te was 4-3. Motion carried. C. Public Hearing - Recommendation to City Council - Request for Amendment to the Comprehensive Plan Future Land use Map and Zoning Map - The Hammocks Subdivision - (for a proposed annexation) 40 Acres Located South of Sebastian River Land Phase II and East of Sebastian River High School and The Spencer Development - Proposed Land use is LDR and Proposed Zoning is RS-10 Chmn Smith opened the hearing at 8:09 P.M. Mr. Bruce Moia introduced his new partner~ Aaron Bowles and stated that they have purchased Mosby and Associates. Mr. Bowies/' ~ '~ presented the application and described the project as consisting of 40 acres with half ( [.~)' V 3 PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF JULY 27, 2004 acre'lots at 1.4 units/acm. Mr. Hass added that this board is to review the land use and zoning. With regard to the access, at the southeastern section of the property there is a dirt road which the county has been evaluating the possibility of extending access north on CR510 and to five other developments. It will be used as an internal corridor to remove traffic from CR510 and minimize the cuts. Mr. Hughes was concerned about student safety crossing CR510. Mr. Hess said the county is aware of that and the intention is that 82nd Avenue will line up with the future access roads to these subdivisions and be a signalized intersection. It will also have crosswalks and necessary sidewalks. No one from the public spoke in favor or opposition. Chmn Smith closed the hearing at 8:29 P.M. MOTION by AIIocco/Paul "1 make a motion that we approve the [recommendation to City Council] land use change from R county to LDR for the Hammocks Subdivision." ROLL CALL: Mr. Keough yes Mr. Mahoaey yes Chmn Smith yes Mr. Faille yes Mr. Seeley yes Mr. Paul yes Mr. AIIocco yes The vote was 7-0. Motion carried. MOTION by Allocco/Keough "1 make a motion that we approve the [recommendation to City Council] rezoning from A- l county to RS-10 for the Hammocks Subdivision." ROLL CALL: Mr. Faille yes Chmn Smith yes Mr. Mahoney yes Mr. Seeley yes Mr. AIIocco yes Mr. Keough yes Mr. Paul yes The vote was 7-0. Motion carried. D. Revision to Approved Elevations - Riverfront District - Davis Commercial Center- 1701 U.S. Highway#1 Chmn Smith noted that the changes have already been made to the project. Mr. Hass said that is exactly why it is on the agenda. Mr. Moia said the rear area was always going to be utilized as a loading area. Mr. Hass added that plans were submitted to the Building Department showing the large garage doors, however, Growth Management Department did not see those plans. Mr. Paul was concerned that if the board approves this modification it will set precedence for other projects. During discussion of whether to approve the garage doors or have the applicant return to the original plans approved by Planning & Zoning, it was mentioned that there is the possibility of deliveries being made in the front of the buildings if this modification is not approved. OTION by Paul/AIIocco City of Sebastian, Florida OFFIC~ OF TH![ CITY ~TTORNt~¥~ AGENDA TRANSMITTAL Subject: Alcohol sales in CRA; Ordinance No. O-05-10 Agenda No. 05. ~) t 8 Date Submitted: 1/5/05 For Agenda of: 1/12/05 SUMMARY: Pursuant to Council directive, the Code restrictions on the sale of alcohol within the Community Redevelopment are being modified to allow restaurants and retail uses such as gift shops to have ancillary sales of alcohol in order to encourage redevelopment in accordance with the adopted Community Redevelopment Plan. The modifications are worded to allow these uses without removing restrictions in place for stand-alone cocktail lounges or package stores. RECOMMENDED ACTION: Move to pass Ordinance 0-05-10 on first reading and set public hearing on February 9, 2005 for adoption. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: ORDINANCE NO. 0-04-20 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 10-1 TO ALLOW RESTAURANT AND ANCILLARY RETAIL SALES OF ALCOHOL IN ALL PARTS OF THE COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City adopted a Community Redevelopment Plan that encourages retail, entertainment and tourism uses for portions of the riverfront and Sebastian Boulevard area; and WHEREAS, the restrictions on the sale of alcoholic beverages within the redevelopment area hinders the development of restaurant and certain retail uses; and WHEREAS, a limited modification of these restrictions will protect the public interests while allowing such desirable redevelopment; NOW, TFIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section I. AMENDMENT. That section 10-1 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 10-1. Sales of liquor near churches and schools restricted. (a) It shall be unlawful for any person to sell alcoholic beverages at wholesale or retail from any building or establishment which is located within a distance of 450 feet from a church or school. (b) No permit or license shall be issued which allows the sale of alcoholic beverages to occur from any building or establishment which is located within a distance of 450 feet from any church or school. (c) The term "alcoholic beverages," as used in this section shall be taken to include the words "distilled spirits" and shall extend to and include all spirituous beverages created by distillation and by mixture of distilled beverages by what is commonly termed blending, and shall include beer, malt beverages or wine, as defined in the state beverage law (F.S § 561.01 et seq.). (d) The restrictions contained in this section shall not apply to a person or establishment holding a current and valid permit or license to sell alcoholic beverages in the cky from its present location, nor shall the restrictions annlv to restaurants or retail facilities located within the Community Redevelooment Area in which the sale of alcoholic bevera~,es constitute less than half of cross revenues. Section 2. CONFLICT. All code provisions in conflict herewith are repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City did not intend to enact such invalid provision. It shall further be assumed that the City would have enacted the remainder of this Ordinance without said invalid provision, thereby causing the same to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall be effective upon passage. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglie Councilmember Lisanne Monier Councilmember The Mayor thereupon declared this Ordinance duly passed and adopted this 9t~ day of February, 2005. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk By: Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Submitted by Council Member Ray Coniglio at 12-8-04 meeting. Concern for development on east side of Indian River Drive. Recent development on Indian River Drive has caused a concern for furore structures being built and totally obstruct'mg the view of the river. And the concem for the safety of individuals and structures located this close to the shoreline. Should we also be investigating the need to protect the shoreline, whether public or private, so as not to repeat the erosion of the roadway caused by strong storms? You may recall the need we felt was necessary to protect the Sebastian River from development. With that in mind could we have staff advise council on: Number of sites that would support development. What recourse do we have? Could set backs be changed? Can we transfer development? Can council review site plans? Can the city purchase available properties? 05. o3o