Loading...
HomeMy WebLinkAbout07132005 CITY CO' SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 13, 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 COY 3. MOMENT OF SILENCE 4. ROLL CALL 5. 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) 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS 05.107 A. State Representative Ralph Poppell 2005 Legislative Update 05.150 B. Presentation by John Williams Re: Fire/EMS Consolidation Taxation 05.081 C. Certificate of Completion Presented to Council Member Neglia for 2005 Institute for Elected Municipal Officials 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion, There wiii be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item wiii be removed and acted upon separately, 1-8 A. Approval of Minutes - Special Meeting 6/15/05 Approval of Minutes - Regular Meeting 6/22/05 9-22 B. 05.147 23-28 C. Resolution No. R-05-26 - Council Meeting Procedures (City Clerk Transmittal 7/7/05, R-05-26) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-03-14; ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI- JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 8. COMMITTEE REPORTS/RECOMMENDATIONS 05.090 29-34 A. Parks & Recreation Advisorv Committee (City Clerk's Transmittal 6/24/05, code, application, ad, list) i. Interview, Unless Waived, and Submit Nominations to Fill: a. One At-Large Member Position 05.080 35-36 B. Community Redevelopment Advisorv Committee i. Confirm Council Member Coy's Appointee, Jim Weber 05.085 37-39 C. Citizen Budaet Review Advisorv Committee i. Confirm Council Member Neglia's Appointee, AI Paternoster 9. QUASI-JUDICIAL PUBLIC HEARING The Mayor opens the hearing. Council discloses ex-patte communication. Applicant or his agent shall make 8 presentation in favor of the request. staff shall present their findings and analysis. Council shaH ask questions of the applicant and staff as n sees fit. The floor shall be opened to anyone in favor of the request who wishes to speak or ask questions. The floor shall be opened to anyone opposed to the request who wishes to speak or ask questions. Applicant is provided an opportunity to respond to any of the issues raised by staff or the public. Staff is provided an opportunity to summarize its position. Council deliberates the request, asking such questions as it sees fit. The Mayor caJl for a motion and Council takes action. 05.055 41-56 A. Resolution No. R-05-27 Approving a Preliminary Plat for Turtle Grove Subdivision (GMD Transmittal 7/5/05, Plans, R-05-27, Map, Report, Application, Minutes, Ad) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS TURTLE GROVE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. . 10. 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 2 11. OLD BUSINESS 05.058 57-60 A. Response To Council Questions From Special Meeting Held June 15, 2005 Regarding Stormwater Improvement Plan Including Canals (Report from City Engineer) 12. NEW BUSINESS 05.132 61-63 A. Ordinance No. 0-05-15 Hurricane Measures by Contractors - Schedule Public Hearing for July 27,2005 (City Attorney Transmittal 7/7/05, 0-05-15) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA AMENDING CITY CODE CHAPTER 26 TO REQUIRE THAT CONSTRUCTION SITES BE SECURED UPON ISSUANCE OF A HURRICANE WATCH OR WARNING; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. B. C. 05.151 D. E. Ms. Monier Mr. Neglia Mayor McCollum i. Appointment to Indian River County Parks & Recreation Committee no backup Mr. Burkeen Ms. Coy 17. ADJOURN (All meeUngs shall adjourn at 10:30 pm unfess extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on Corncast Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WfTH RESPECT TO ANY MA TTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THA T A VERBA TIM 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 DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 ATLEAST 48 HOURS IN ADVANCE OF THIS MEETING. 3 UDcomino Meetinas: July 27. 2005 - 7:00 p.m. - Regufar Council August 10, 2005 - 7:00 p.m. - Regular Gouncil August 16, 2005 - Gity Gouncii Budget Workshop August 24, 2005 - 7:00 J'..m. - Regular Gouncii September 8, 2005 - 1 FY05ID6 Budget Public Hearing September 14, 2005 - 7:00 p. m. - Regular Gouncii September 20, 2005 - Z" FY051D6 Budget Public Hearing September 28, 2005 - 7:00 p. m. - Regular Gouncii October 12, 2005 - 7:00 p.m. - Regular Gouncii October 26, 2005 - 7:00 p.m. - Regular Gouncii 4 HOME OF PELICAN ISLAND SPECIAL CITY COUNCIL MEETING MINUTES STORMWATER IMPROVEMENT PLAN INCLUDING CANALS JUNE 15, 2005 - 6:00 PM COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McCollum called the Special Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Citv Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Lisanne Monier Council Member Sal Neglia Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio City Engineer, David Fisher Stormwater Engineer, Ken Jones Engineering Technician, Mike Driscoll Public Works Director, Terry Hill Deputy City Clerk, Jeanette Williams MIS Technician, Barbara Brooke Police Officer, Jason Mills Police Officer, Dan Acosta Eric Grotke, Camp, Dresser & McKee Mike Schmidt, Camp, Dresser & McKee Ana DeMelo, Camp, Dresser & McKee CD Special City Council Meeting June 15, 2005 Page Two 4. STORMWATER ISSUES A. Presentation and Discussion of Collier Creek Canal/Seawalllssues The City Engineer opened the presentation to City Council on the seawall issue citing the available $2.4 million in grant funds, and options available (see revised City Engineer report attached). He said replacing seawalls in only a portion of the one-mile subject area was considered with available funding. The City Attomey advised City Council on the legal aspects of the issues and explained the storm water master plan that is currently in place. He said the current area of concem is the canal north of CR512 developed very early by General Development Corporation; and noted some of the seawalls are located in the canal right-of-way but the question of ownership daa not. address maintenance costs. He said if Council chose Option 1, replacing the seawalls, staff did not know how the additional funding would be found. The City Engineer explained the concrete cap that is in all three options with the assistance of Eric Grotke, COM and Engineering Tech, Mike Driscoll who presented a power point exhibit of the three available options. (see attached to minutes). Mr. Grotke responded to questions from Council relative to elevations, and requirements to dredge the canal to certain depths to filter pollutants and for restoration to its original depth. Ms. Coy asked if BiIIlngui and Eugene Wolff would be allowed to speak at this time because their input may cover concerns of other members of the public. Ken Grover, Wimbrow Drive, asked what it will cost the individual homeowner. BiIIlngui, Layport Drive, representing himself and Mr. Wolff made a presentation to City Council (see attached to minutes) as previously submitted prior to the meeting. City Council waived the five minute time limit on public input for this special meeting. Dean Quick, 502 Layport Drive, said his property adjacent to CR512 has been washed out many times, he keeps being sent to other agencies and everyone keeps putting him off. (jJ 2 Special City Council Meeting June 15, 2005 Page Three Mary Heineke, Joy Haven Drive, on the canal south of Barber Street, urged using option 1, because maintenance of sodded slopes is difficult, and rock is dangerous. Side II, Tape I Vance Stillinger, 705 Layport Drive, discussed a problem with a drainage system installed in his yard last year. Mike Pearce, 525 Wimbrow Drive, said St. Johns River Water Management District told him that 1995 was the last time a water quality test was conducted, and suggested the City spend some money on testing for pollutants. He said he has noticed a dramatic decrease in wildlife in the canal over the years. He said he had also learned that the canal south of CR512 flows south and asked if the water north of CR512 could flow south. Pete Kahle, 402 Concha Drive, said he had asked Council several years ago to reduce pOllutants which flow directly into the canals through drains installed by property owners and said they must have been permitted by the City of Sebastian. He wanted to know the last time city crews were assigned to clean out the canals and said the City does not maintain the system, which is forty years old. He said Mr. Stringer was right when he attempted to promote turning the waterway into water recreation for the whole City and urged Council to direct staff to look into the pollution and take away the pipes that are illegally installed. Richard Scurlock, 900 Layport, said the prior owner told him his bulkhead belonged to him, and asked that if it does belong to him that the City do nothing to damage it. Kenny Lee, 697 Wimbrow Drive, suggested trees inside the bulkhead be cut down, said he would pay a sensible amount of money for this; and said there should be a code that prohibits planting trees along the bulkhead. Eugene Wolff, 757 Wimbrow Drive, said he appreciated this new Council because things did not seem to be "done deals" any longer. He said the thought of changing the canal to a water retention pond is ludicrous, suggested forming a committee to look extensively at the problem rather than rushing to spend the $2.4 million on conversion to water retention. He suggested spending the funds elsewhere, and then address asbestos, water level and maintenance concerns; and replace the walls where they need to be replaced. Greg Golien, 711 Wimbrow Drive, said the canal was never set up properly in the beginning and it should be dredged with new seawalls at proper grades; and it should be up to the City to take care of the problem. He said there is four to fIVe feet of muck in the bottom of the canal. Q) 3 Special City Council Meeting June 15, 2005 Page Four Dave Derda, 585 Wimbrow Drive, asked how the canal will be dredged. He agreed there is four foot of sludge but it is vegetation and asked how the sludge will be cleaned and solidified, noting it takes a very long time and would not allow it to be done in his yard. Mayor McCollum called recess from 7:40 p.m. to 7:55 p.m. All members were present. Constance Kenney, 549 Wimbrow Drive, said the bulkheads by the dam are not damaged but are damaged in the south end. She said she was offended by City staff telling her what they are going to do to her property, and was concerned that the City will destroy her property by dredging, she is not convinced that strip- mining her canal will keep it environmentally sound, the canal was dredged in 1978 with a single pipe down the center, and that one class action lawsuit will stop this. Robert Lachowski, 591 Wimbrow Drive, said he did not need a seawall because he maintains it and it is in good shape; and the City should repair where it is really needed. Mary Ingui, 676 Layport Drive, asked how the $6 million was derived and will the project be bid; and suggested the Environmental Committee be used to address the asbestos and pollution issues in the canal. Mickey Groepler, Wimbrow Drive, urged that the City dredge safely if necessary at all; and suggested that maybe Lake Hardee needs to be dredged rather than the canal. She asked if the bond money could be used to clean up swales in front yards. George Nader, 666 Layport Drive, said the overall issue is a maintenance nightmare. Bob Odette, 755 Wimbrow, said it would be fair for everyone to share in the cost of protecting the canal. Beth Konash, Layport Drive, said she hopes Council listens to the residents, and does what is right for the whole City. Dean Quick, 502 Layport Drive, said all of this was caused by the CR512 expansion; said the City owns ten feet into his property; suggested installing a large pipe and filling in the entire area and building a park. He asked if he owned the property or does the City own it. Side I, Tapell,8:15pm Constance Kenney asked who is going get the dirt that is going to come out of the canal and how much money will be paid for it. She suggested methods to obtain funding. @ 4 Special City Council Meeting June 15, 2005 Page Five Sill lngui on behalf of Damien Gilliams, asked if GDC tumed over properties to the City that could be sold at a later time to fund projects. Pete Kahle asked if it was necessary to make a decision tonight and encouraged Council to take time to look at information that was provided to make an informed decision. Mayor McCollum closed the publiC input portion of the agenda. In response to questions from Council: The City Engineer said there seems to be a clear consensus to repair the seawalls, and though there is no funding to repair one mile of seawalls, staff could explore this. The City Attorney said recreational impact fees could be used if the rock option was used, but not for seawalls or dredging. He said those funds could be used for public access such as boat launch areas. Mayor McCollum clarified some misinformation, said it was unfair that people who live on the canal are more impacted by taxes than other residents who do not. The City Attomey said the City owns the seawalls, and that drainage pipes into the canals are illegal, to which the Mayor directed the City Manager to send out code enforcement. The City Engineer said they have had input from St. Johns River Water Management District (SJRWMD). Eric Grotke and Mike Schmidt, CDM said they have worked extensively with SJRWMD and Army Corps of Engineers. Mr. Grotke said SJRWMD has extensive information about water quality in the canals. Mr. Schmidt addressed state and federal water quality requirements. Mayor McCollum stated that this meeting was advertised to all citizens in the normal manner; noted that there is no current protection for children on seawalls at this time, that the City is trying to address maintenance of the canals. The City Attorney said there is a twenty-foot easement on every lot in which no trees should be planted by property owners. The City Engineer said if the canals are not dredged, seawalls could be repaired, but he could not use the bond money to do so without dredging. He said a seawall for each 80 foot lot would be approximately $15,000, that there are maybe 40 properties in need of replacement seawalls and the life expectancy of a new seawall would be approximately 20 years. Mr. Grotke said $15,000 per lot m,y '" , ,... '''ow. @ 5 Special City Council Meeting June 15, 2005 Page Six In response 10 Ihe question of exchanging land for repairs, the City Attorney explained if the same amount of water flow happened without the repair of the sea walls, how the City could justify using the bond money for sea walls. He stated if the City expanded the sea walls all the way to the right-of-way line that would add to drainage capacities, which would justify using the bond money. The City Engineer said if a seawall collapsed and did not inhibit the flow, under current City policy, he would be under no direction to fix it. He said by dredging we reap storm water treatment enhancement and there are not many other opportunities to improve water quality and flow; and by spending the money to do that you could justify fixing the seawalls. He said there is no environmental agency pushing the City to do the dredging. The City Attorney said there is decaying debris, which is picked up by storms and empties into the Sebastian River which counts against the City for water quality. He said the City entered into a contract with BMI to do water monitoring several years ago, and they were calculating how much each agency was responsible for dumping into the Sebastian River, and pollutants were found to be coming from the canals. Mayor McCollum said this is not an urgent matter, and reminded the public that the urgency is that property owners are saying "my seawalls are falling" and asked what the City was going to do. He said it is not an urgency that the City developed; and he looks at it like his own street, laconia Street which has no sidewalk, has had curbing removed, and explained the City has the responsibility to replace things that meet the public good. Mr. Burkeen asked if there is land donated as noted by Mr. Gilliams. The City Attorney explained that tracts of land were given to the City in exchange for relieving General Develoopment Corporation from developer obligations such as paving roads in Sebastian Highlands. Side /I, Tape /I Mr. Burkeen also asked if money could be made from the dredged silt. The City Attorney stated by the time the silt was processed and trucked out of the City the proceeds would not put the City ahead with a profit but only reduce the cost of the selling the silt. The City Engineer stated there are approximately 80,000 cubic yards of silt to be dredged. Ms. Coy said knowing that the City owns the seawalls, enforcement of improper drainage will have to be addressed. She said she views this and all drainage concerns as a citywide problem and said the City must work toward making the entire system work. She asked for copies of the list of properties the City obtained during the settlement agreement with General Development Corporation. @ 6 Special City Council Meeting June 15, 2005 Page Seven The City Engineer explained that seawalls do not need water to hold them up and they are designed to hold the land back. He also said dredging costs would not be reduced by dredging less silt, but agreed less silt removed would take less time to dredge and less material to haul. The City Attorney said the City is going to have to do pollution control and this is one of the places we can do it in abundance. The City Engineer defined "credit" which he said has no monetary value, that it is simply credit for doing something we are required to do by higher authorities. Ms. Coy asked whether it was true that the canal flow changed when the twin pairs project was constructed and said she would like to pursue asking for Indian River County assistance if this is so. The City Manager said Council has been given three options and one option is affordable, the second option can be done by shifting funds around and eliminating other projects, and the other option is going to be more painful and things would have to be considered like increasing the stormwater utility fee. He reminded Council that this will open the door for the other nine miles of canal; and that this is not a millage issue but is a stormwater issue. Mr. Neglia suggested Mr. Wolff contact Commissioner Wesley Davis about the CR 512 issue. Mayor McCollum asked if anyone on Council was prepared to make a motion tonight on any of the options and no one responded that they were ready. Mayor McCollum asked for a cost to repair only the seawalls that need it without dredging; and asked for ten-year maintenance costs for options 2 (rock) and 3 (grass sloping). The City Manager stated that maintenance costs would come out of Engineering Division general funds. The City Engineer said he could have the numbers before the next Council meeting. Ms. Coy asked for the cost of fixing portions of the canal. Mayor McCollum suggested placing this on the July 13lh agenda instead so that Mr. Neglia will be in attendance but that staff could submit the information to Council as soon as it is available. Mr. Burkeen requested any recent pollution testing information done on the canals if available. Mayor McCollum asked about the consequellces of not dredging and if there an .oolog"" "'00"," . _ do dredg.. "- Q) 0 7 Special City Council Meeting June 15. 2005 Page Eight On MOTION by Ms. Monier, and SECOND by Ms. Coy the report from the City Engineer was placed on the July 13'" agenda for answers to all questions. The City Engineer reiterated the questions: Cost estimates for: . Repairing seawalls now in a state of collapse (without dredging). . Ten-year maintenance program for o Sodded side slope option o Rip rap rock slope option o New bulkhead I seawall option . Dredging option with replacement of seawall (like for like) per segment o From CR-512 to Fleming Street Bridge o From Fleming street Bridge to BarberlLake Street Bridge o From BarberlLake Street Bridge to Control Structure (Dam) Summary Report regarding timing and sources of water quality testing information. Summary Report regarding the overall expected benefits! consequences to the City of dredging the canal vs. not dredging the canal including, but not necessarily limited to: cost, environmental, enforcement, and quality of life considerations. Motion carried on a roll call vote of 5-0. B. Final Determination of Scooe for Stormwater Bond Revenues Caoital Imorovements This item will be addressed at the July 13th, 2005 meeting. 5. Being no other business, Mayor McCollum adjourned the Special Meeting at 9:55 p.m. Approved at the Regular City Council Meeting. ATTEST: Nathan B. McCollum, Mayor Sally A. Maio, MMC - City Clerk " (i) 8 ~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 22, 2005 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Regular Meeting was called to order at 7:00 p.m. 2. Vice Mayor Burkeen led the Pledge of Allegiance. 3. Father John Morrisey of SI. Sebastian Catholic Church gave the invocation. 4. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Lisanne Monier Excused Absence: Council Member Sal Neglia Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Airport Technician, Ryan Denner Golf Course Director, Greg Gardner Growth Management Director, Trace Hass Public Works Director, Terry Hill Police Lieutenant, Michelle Morris MIS Systems Analyst, Barbara Brooke @ Regular City Council Meeting June 22, 2005 Page Two 5. 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) None. 6. PROCLAMATIONS, ANNOUNCEMENTS. PRESENTATIONS 05.092 A. HBCA Fishino Tournament Presentation of Check to Bovs and Girls Club- Ronnie Hewitt Acceptino HBCA representative, Scott Thomas, thanked the City and presented a $1,200 check to Boys and Girls Club representative, Ronnie Hewitt. Mr. Hewitt thanked the City and reported on the Club's building progress, noting 75 children were put on a waiting list for lack of space at the current facility. He then thanked HBCA for their donation. 05.085 B. Certificate of Appreciation for Budoet Review Advisorv Board Service in 2004 to: Lee Griffin. Herbert Munsart. Linda Bethune & Gene Rauth None of the recipients were present. 05.131 C. Historic Train Station - Ron Gabor The City Manager said he had decided to take the lead on the issue, and exhibited the conceptual plan for the Gabor property. He advised Council that the Community Redevelopment Advisory Committee will meet on June 27th and suggested this project be forwarded to them for a recommendation. Mr. Gabor addressed Council, noting he was a local history buff, stated he would like to do things for the community and that the station would be returned close to its original site. The City Manager said at the June 27th CRAC meeting they would attempt to put together a recommended budget to bring back to Council. Mr. Gabor said it was his intent to set up a museum within the station to exhibit Sebastian and railroad history. He said he knew of a FEC railroad historian who would be interested in participating. Ms. Monier said Mr. Gabor's site plan for his building reminded her of the old Sebastian and Mr. Gabor said it would be open to the public. Ms. Coy said this would be a phenomenal CRA project. @ It was the consensus of Council to concur with the City Manager and send this to CRAC. 2 Regular City Council Meeting June 22, 2005 Page Three 1-12 05.133 13-15 05.134 17 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - Regular Meeting 6/08/05 B. Authorize Mayor to Execute Powerline Easement for Feeder Line to Friendship Park and the Boys & Girls Club (City Attorney Transmittal 6/16/05, Easement, Sketch) C. Authorize the Following Road Closures for Independence Day Celebration: -Indian River Drive from Jackson Street south to southern City Limits from 5:30 am Until Crowd Disperses After Parade -Davis Street from North Central Avenue east to Indian River Drive from 5:30 am Until the Crowds Disperse After Parade -Indian River Drive from Coolidge Street south to Harrison Street as Crowd Arrives for Fireworks Until 11:00pm -Sebastian Blvd. from Just Past the Hess Station east to Indian River Drive as Crowd Arrives for Fireworks from 5:30 am Until 11:00 pm Mayor McCollum removed item C for an addition. On MOTION by Ms. Monier and SECOND by Ms. Coy, consent agenda items A and B were approved on a roll call vote of 4-0. ItemC Mayor McCollum requested that the Yacht Club ramp and parking also be closed. The City Manager said after speaking to the Public Works Director, staff thought it would be better to close the ramp for three days for better parking ability. Discussion took place on closing the ramp on Sunday July 3, 2005 at 6 pm and posting of signs ahead of time to notify the public so they would know that any vehicles left would be towed. Mr. Gilliams suggested the ramp be closed at sundown instead and asked why he was not notified. The City Clerk said she had been notified at time of agenda deadline that the road would not be closed during the day after the parade, which is what Mr. Gilliams requested last year, therefore was told a letter would not be necessary. @ 3 Ed O'Toole, Louisiana, said there are limited tow services and areas in the City. Regular City Council Meeling June 22, 2005 Page Four On MOTION by Mayor McCollum and SECOND by Ms. Coy, Council approved item C with the addition of closing the Yacht Club boat ramp and parking area and CAVCorp parking from July 3, 2005 at 6 pm until after the fireworks on July 4, 2005 on a roll call vote of 4-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS 05.135 19-42 o A. Tree and Landscape Advisory Committee (Memo, Time Line, Proposed Changes) i. Discuss Proposed Chanaes to LDC Lanauaae Lynn Albury, Tree and Landscape Advisory Board Chairman, asked for an update on the committee's recommended language within the Land Development Code. The City Attorney advised that the language is being held for a full rewrite of the Land Development Code, which has been held up for amendment to the Comprehensive Land Use Plan. The Growth Management Director reiterated these comments, however, said if directed by Council he would follow through to have the changes effected now. Ms. Coy recommended last paragraph circle page 42 paragraph A - reword to "There is hereby created a Tree and Landscape Advisory Board, which shall provide advice to the City Council on care of trees and landscaping within the city limits. The focus shall be on preservation of historic specimen and protected trees and proposed planting of trees and/or landscaping. In addition, the Board will monitor, maintain and enhance the urban forest and its related resources. The Board will provide guidance on proposed amendments to this tree protection landscape ordinance and provide guidance on other matters as necessary or when requested by the City Council. n She also asked to include the Board's mission statement and that land clearing shall not be done any time that city hall is closed. On MOTION by Ms. Coy and SECOND by Ms. Monier, the City Attorney was directed to bring back an ordinance for first reading with the additions requested by Ms. Coy (see language above) on a roll call vote of 4-0. 4 Regular City Council Meeting June 22, 2005 Page Five 05.136 43-55 B. Temporarv Environmental Advisorv Committee Report and ReQuests (Memo, White Paper, Info, Message) i. ReQuest for Letter of Support Patricia Beckwith, representing the committee, cited the white paper provided by the advisory board (see pages 45 - 48 of the agenda packet); and requested a resolution for the hiring of a county horticulturist by the Indian River County Commission. Upon the advice of Mayor McCollum, the request was changed to a letter of support. On MOTION by Mr. Burkeen and SECOND by Ms. Coy, Council approved a letter of support to the County Commission to hire a county horticulturist on a voice vote of 4- O. ii. ReQuest MarkinQ of Drains Ms. Beckwith requested partnering with Indian River County to seek funding from the Indian River Lagoon License Plate Funding Program Grant for drainage markers. On MOTION by Ms. Coy and SECOND by Mr. Burkeen, it was approved for staff to help the Committee apply for a grant on a voice vote of 4-0. iii. ReQuest Creation of a Subcommittee Ms. Beckwith requested formation of subcommittees of the Environmental Advisory Committee to work with members of other boards to speed up communication and gather information. She said she had spoken to the City Attorney and he said they could conduct workshops with other boards as long as they are noticed. Mayor McCollum suggested instead that the committee appoint a member of its committee as a liaison to the other committees. The City Attorney said he would go over the parameters of the liaison members with other committees. The City Manager requested that in reference to purchase items, they see him or Paul Wagner, General Services Director. @ 5 Regular City Council Meeting June 22, 2005 Page Six 9. PUBLIC HEARING 05.099 57-63 A. Ordinance No. 0-05-13 - Amendlno the Land Development Code to Create the Sebastian Boulevard Trianale Overlav District Reaulations (GMD Transmittal 6/14/05,0-05-13. Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE ARTICLE XXI TO CREATE DIVISION C, SEBASTIAN BOULEVARD TRIANGLE OVERLAY DISTRICT REGULATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read Ordinance No. 0-05-13 by title only. The Growth Management Director said he had no further recommendations, noting that Council had assisted recently In the formation of this language, and said he would respond to questions. Mayor McCollum opened the public hearing at 7:55 p.m. Baxter Coston, Sebastian, asked why a mechanic's garage was allowed to be built in this area. Mayor McCollum said the garage had been approved prior to this and falls under the old land use. Mr. Coston was told that this garage was going to be allowed to service emergency vehicles only and only store vehicles outside of the building during business hours. TAPE 1- SIDE /I (8:00 p.rn.) Mr. Coston asked why the large fenced areas were allowed on High Street, and said it seems like we can't get anything done in this City until it is too late. Jim Weber, Sebastian, said he owns the large fenced areas and they are there because they are allowed to be there. He said he was happy with the list of uses being considered and made some additional recommendations for conditional uses in Industrial zoning such as bars and lounges. He said architectural and landscape regulation is more appropriate. Neil Lagin, Wentworth Street, Sebastian, suggested developing a commercial and residential area much like Mizner Square in Palm Beach County but on a smaller scale to give people a place to visi!. Mayor McCollum closed the public hearing at 8:07 p.m. The Growth Management Director recapped and recommended approval. The City Attorney said this is a temporary protective action and when the comprehensive plan is amended, new zoning districts will be created. @ 6 Regular City Council Meeting June 22, 2005 Page Seven Ms. Monier said the Riverfront performance standards should be included and that architectural standards should be beefed up. The Growth Management Director said due to uncertainty in the conditional use criteria, it is a good idea to come up with a bullet list for each type of conditional use for inclusion in the code. City Council discussion followed. Ms. Monier asked if Riverfront Performance Overlay District provisions could be added as a requirement. The City Attorney suggested an amendment so that the language would read as follows: "Sec. 54-4-21.C.3. Adoption of Performance Standards. The performance and nonconformity standards set forth for the Riverfront Overlay District in Sections 54-4- 21.A.3. through 54-4-21.A.9 shall apply to properties within the Sebastian Boulevard Triangle Overlay District. . On MOTION by Ms. Monier, and SECOND by Mr. Burkeen, Ordinance No. 0-05-13 was adopted as amended (see above) on a roll call vote of 4-0. Mayor McCollum called recess at 8:32 p.m. and reconvened the meeting at 8:40 p.m. All members were present when the Council reconvened. 05.137 65-78 B. Resolution No. R-05-25 - Golf Course Rates and Re-Openina of Memberships (SMGC Transmittal 6/14/05, Rates, R-05-25) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO FEES AT THE SEBASTIAN MUNICIPAL GOLF COURSE; REOPENING MEMBERSHIPS; AUTHORIZING THE GOLF COURSE DIRECTOR TO MAKE ADJUSTMENTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR AMORTIZATION OF MEMBERSHIPS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager presented the rates resolution in an effort to reopen memberships to be effective October 1, 2005; and to increase the initiation fee of $200 to $500, which has been unchanged since the 1980's. He noted that revenues could be as much as $65,000 and recommended a membership cap of 180. Mr. Johns thanked Council and the City Manager for visiting the golf course to address some of the concerns out there. The Golf Course Director addressed City Council. @ 7 Mayor McCollum said people should be reminded that they are becoming members to play golf and not to become the political voice of the golf course, which is why memberships were stopped in the past. Regular City Council Meeting June 22, 2005 Page Eight The City Manager reiterated that public play is and will remain an important part of the golf course. Mr. Gardner said he had talked to people who were interested in becoming members and told they were not deterred by the $500 initiation fee. Ms. Monier said she hoped that golf course staff is looking at improvements to lockers with the increase in revenues. On MOTION by Mr. Burkeen, and SECOND by Ms. Coy, Resolution No. R-D5-25 was adopted on a roll call vote of 4-0. 10. 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 Bob Denton, 11254 Roseland Road, representing Roseland Property Owners, distributed a document presented to Council in 2001 regarding the impact of Industrial areas ofthe airport on Roseland (see attached). He suggested that design standards be developed for the industrial area of the airport, and offered volunteers to assist the Airport Director to establish them. He cited last week's Planning and Zoning meeting at which several members of the pUblic expressed concern about irregularities in the site plan. He said he would like to submit an appeal to the decision of Planning and Zoning and requested the advice of the City Attomey. The City Attorney said it would not be appropriate for him to go into great detail, however, advised that they make sure the appeal is submitted by an affected party, and said his job is to represent the Council. 11. OLD BUSINESS 12. NEW BUSINESS 05.138 79-85 A. Resolution No. R-05-19 Emeraencv Hurricane Suoolemental Grant for FDACS Division of Forestrv Tree Grant (Parks Transmittal 6/14/05. R-05-19. Letter) @ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, EXPRESSSING SUPPORT FOR THE CITY MANAGER TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT & MAINTENANCE AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, IF IT IS AWARDED; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager reiterated the staff report included in the agenda. 8 Regular City Council Meeting June 22, 2005 Page Nine Holly Dill, Roseland Road, asked that some of the money be used for landscaping along the airport. Mr. Burkeen said he believed the grant is for replanting damaged trees and the City Attorney read from the grant provisions and said staff would have to talk to the grantor. Mayor McCollum requested that Council include item B in its deliberations at this time. Ms. Coy asked if the City could ask for more than $50,000 noting the maximum amount of the grant request is $175,000. The City Manager said the resolution is open-ended since it only authorizes him to apply for the grant, noting the deadline has been changed to July 15th. Ms. Coy suggested looking at including the buffer area at the airport if necessary, other tree damage around the City, and funding for private homeowners who received extensive damage. Ms. Monier agreed with leaving the number open-ended. Mayor McCollum suggested including the airport buffer and the City's match from the airport enterprise funds rather than general funds. The City Attorney suggested that item B be changed from appropriation of $12,500 to match the grant to "matching to the maximum amount funded with fund source to be determined. n On MOTION by Ms. Coy, and SECOND by Ms. Monier, Resolution No. R-05-19 was adopted on a roll call vote of 4-0. 05.138 B. Appropriate $12.500 for City Match of the Urban Forestry Grant On MOTION by Mr. Burkeen, and SECOND by Ms. Coy, City Council approved matching the grant to the maximum amount funded with the appropriate fund source to be determined on a roll call vote of 4-0. TAPE /I - SIDE I (9:10 pm) 05.139 87-110 C. Resolution No. R-05-20 - FDOT JPA Entitled "Business Plan" (Airoort Transmittal 6/16/05. R-05-20. Aqreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING TO CREATE AN AIRPORT BUSINESS PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager explained the joint participation agreement for grant funding to establish a business plan. @ 9 The Airport Director responded to Council on the timeframe for the plan, stating he would like to see it in place by the beginning of the fiscal year. He noted the plan would not be retroactive for existing leases but existing rules and regulations would apply to them; and that what is needed is a set of guidelines for airport tenants. Regular City Council Meeting June 22, 2005 Page Ten Ms. Coy said she was having a meeting this Friday in the Chambers with the City Manager and City Attorney to discuss issues at the airport and invited anyone interested to attend. Ms. Monier said this would be the time to address Mr. Denton and his group's concerns. Mayor McCollum asked why there is not a moratorium on leases at the airport until the business plan is in place, and said this would be his suggestion. The City Manager said the reason not to do a moratorium is to not turn away revenues. The City Attomey said the City has entered into leases based on decisions made by Council in 2001 as landlord, but said as landlord, Council is free to put in any restrictions they want. Mayor McCollum said he did not want to see a situation like the one with Patterson- Bach, and again said he would like to see a moratorium. Mr. Burkeen agreed With a moratorium. The City Attorney was advised not to include the Skydive drop zone issue in the moratorium. Ms. Coy said she was concerned that airport site plans do not come to Council. The City Attorney said that the process is in place they way it was approved by Council in 2001, however, it can be changed. Ms. Monier said she had a problem with a moratorium since the City hired Patterson- Bach to bring business in and would now be hOlding business back. Ms. Coy said it was important to her that architectural standards be established now. On MOTION by Mayor McCollum, and SECOND by Mr. Burkeen, Resolution No. R-Os- 20 was adopted with the addition that there be a moratorium on new leases until the business plan is in effect on a roll call vote of 3-1 (Monier _ nay) . @ 10 Regular City Council Meeting June 22. 2005 Page Eleven 05.140 111-134 D. Resolution No. R-05-21- FOOT JPA Entitled "Hurricane DamaQe Repair" (Airport Transmittal 6/16/05, R-05-21. AQreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY. FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FOOT TO PROVIDE FUNDING FOR ADDITIONAL HURRICANE DAMAGE REPAIR; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager explained the joint participation agreement for funding to provide for hurricane damage to the Velocity building. On MOTION by Mr. Burkeen, and SECOND by Ms. Monier, Resolution No. R-05-21 was adopted on a roll call vote of 4-0. 05.141 135-143 E. Resolution No. R-05-22- FOOT JPA Entitled "Security Improvements" (Airport Transmittal 6/16/05, R-05-22. Aareement) A RESOLUTION OF THE CITY OF SEBASTIAN. INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FOOT TO PROVIDE FUNDING FOR SECURITY IMPROVEMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager explained the joint participation agreement for funding to provide for security measures. The Airport Director said this could fund items such as security housing and cameras. On MOTION by Ms. Monier. and SECOND by Mr. Burkeen, Resolution No. R-05-22 was adopted on a roll call vote of 4-0. 05.142 145-148 F. Resolution No. R-05-23 - Final Plat for Collier Club Phase iliA (GMD Transmittal 6/14/05. R-05-23, Application, Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB PHASE iliA; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. The City Attorney advised that this is a legislative matter and updated Council on the issue of access through the Golf Course rather than at the end of Main and Wimbrow Streets. He said this was approved during conceptual plan in 1997 and if Council tried to change it at this time. Council would probably be spending some money to defend it. Rick Melchiori said the road is under construction at this time and it should be completed in about forty days and he would be comfortable with committing to three to four months' completion. In response to Mr. Burkeen, he said the entrance would be gated. lCV Regular City Council Meeting June 22, 2005 Page Twelve 05.143 149-154 o Ms. Coy received responses about the 7.5 foot side easement, drainage easement, combining the twin ditches into one large ditch, buffering in accordance with PUD requirements, as approved during preliminary plat approval. The Growth Management Director said there is a vegetative buffer and said this was approved in 1998 long before later provisions were put into effect. Ms. Coy asked if time limits can be established for submittal of final plats and the City Attorney said there are provisions in effect. The City Attorney said this is only the second or third PUD the City did under the current provisions. A lengthy discussion took place on the PUD process. On MOTION by Ms. Monier, and SECOND by Mr. Burkeen, Resolution No. R-05-23 was adopted on a roll call vote of 4-0. G. Resolution No. R-05-24 - Final Plat for Sebastian Crossinas (GMD Transmittal 6/14/05, R-05-24, Application, Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORiDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SEBASTIAN CROSSINGS; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. The Growth Management Director explained the benefits of planned unit developments, and responded to questions from Ms. Coy regarding easements and setbacks. In response to Mayor McCollum, the Growth Management Director said there are two separate owners as to the residential part and commercial part, and that the road will eventually go through the front property. Matthew Markofsky, Sebastian Crossings property owner, said he had ownership of the CR512 access roadway. Mayor McCollum stated the County no longer considers conservation land as open space in a development. In response to Mayor McCollum, the City Attorney said the owner of the commercial property will have to answer to Indian River County's road plans. The Growth Management Director noted that is probably why Mr. Markofsky kept ownership of the CR512 access. Mayor McCollum asked in the future the face of any bonds be included in the agenda packet so Council can see the owner's name. On MOTION by Ms. Monier, and SECOND by Mr. Burkeen, Resolution No. R-05-24 was adopted on a roll call vote of 3-1 (Coy - nay) 12 Regular City Council Meeting June 22, 2005 Page Thirteen 13. CITY ATTORNEY MATTERS 05.144 A. Discuss and Receive Direction for J & S Aviation Lease Default The City Attorney explained issues of a lease default situation with J & S Aviation and advised that the City has been hit with a notice of violation for removal and installation of a fuel tank by J & S Aviation. He said the City is working with Environmental Health, has given a default notice, requested direction from Council and advised them he had notified the lessee's attorney about this discussion tonight. TAPE II - SIDE II (10:10 p.rn.) On MOTION by Ms. Coy and SECOND by Mr. Burkeen Council approved seeking to terminate the lease with J & S Aviation and resolve the City's issues with the state agency on a roll call vote of 4-0. 05.145 B. Reauest New Dates for Clambake Festival The City Attorney requested moving the Clambake Festival to November 4, 5 and 6. On MOTION by Ms. Coy and SECOND by Mr. Burkeen Council approved the change to November 4, 5 and 6 for this year only on a voice vote of 4-0. 14. CITY MANAGER MATTERS The City Manager said Hometown News was looking to have Council conduct a town hall meeting and a local ABC affiliate would broadcast it. Mayor McCollum suggested waiting until November to get through the budget and hurricane season. Council members agreed with him. The City Manager reported relative to Barbour Broadcasting of the 4th of July event, noting funding for this had been used for the City Hall opening dedication and recommended canceling this year and then putting it back in budget for next year. Council concurred. The City Manager discussed the FRDAP grant for Riverview Park, which will expire September 30th. He offered options, 1) apply for extension which will take us into May but they will not look fondly on the project; 2) withdraw the grant application, do a different scope and reapply; and 3) and let the grant expire which he said we don't want to do. /:0 He said the observation decks, restrooms and splash pads originally planned could be accomplished and would meet the provisions of the grant. It was the consensus of Council to request the extension of the existing grant. A. Regular City Council Meeting June 22, 2005 Page Fourteen The City Manager also reported the Veterans Administration was looking for office space in the old Schoolhouse cafeteria but council advised to wait until the new Airport building is complete this fall to add non-profit tenants to the municipal complex. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS 05.146 Mavor McCollum i. Appoint Voting Deleoate for FACC Conference Business Meetino and Consider Anv Resolutions Council Would Like to Submit to FLC It was the consensus of Council that Mayor McCollum be the voting member at the FLC annual conference. On MOTION by Mr. Burkeen and SECOND by Ms. Coy, the meeting was extended to 11 p.m. on a voice vote of 4-0. 05.147 155-158 ii. Public Participation (R-04-26l Mayor McCollum suggested that the public input time limit be eliminated and then have Council take a vote if someone is at the podium for too long. City Council agreed and staff will bring back a resolution. Mayor McCollum announced the 4th of July celebration and said Mr. Burkeen is in charge of the Council float. B. Mr. Burkeen Wished his wife a happy birthday. C. Ms. Cov None. D. Mr. Neolia Absent. E. Ms. Monier Read from a free fly casting event flyer. 17. Being no further business, Mayor McCollum adjourned the Regular Meeting at 10:35 p.m. Approved at the July 13th, 2005 Regular City Council Meeting. ATTEST: Nathan B. McCollum, Mayor Sally A. Maio, MMC - City Clerk @ 14 HOME OF PELICAN JSJ.AND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Resolution No. R-05-26 - City Council Meeting Procedures Exhibits: Agenda No. 017. 14 1 Department Origf.lW~ity Clerk purChaSing/con~~~: Finance Directo(z City Attorney: ,<- City Clerk: Date Submitted: 7/7/05 For Agenda of: 7/13/05 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Mayor McCollum requested changes to the meeting procedures. This resolution includes his changes and replaces Resolution No. R-03-14, the former procedures resolution. RECOMMENDED ACTION Move to adopt Resolution No. R-05-26. @ RESOLUTION NO. R-05-26 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-03-14; ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings; and WHEREAS, City Council concurs that unadvertised items should be added to agendas only by unanimous vote of the Councilmembers present. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. CITY COUNCIL MEETING DATE AND TIME. ReQular Meetinos: Regular Meetings shall be held on the second and fourth Wednesday of each month at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. A motion to extend the meeting time shall be made only once during the Regular meeting and the motion shall be for no more than a thirty (30) minute extension. All unfinished business at adjournment shall be carried to the beginning of the next Regular City Council meeting unless, prior to adjournment, items are placed on a special meeting agenda. Quasi-judicial Hearinos: Quasi-judicial hearings, when necessary, shall be conducted at special meetings called for such purpose on the first and third Wednesday of the month, at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present, The City Manager, at his discretion, may schedule a quasi-judicial hearing for a Regular City Council meeting when necessary. Workshops: Workshops, when necessary, shall be held on the first and third Wednesday of the month at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. In the event that there is a special meeting for the purpose of conducting a quasi-judicial hearing scheduled for the first or third Wednesday, the workshOp will follow the special meeting. A consensus to extend the workshop shall be made only once during the meeting and the extension shall be for no more than a thirty (30) minutes. All unfinished (jJ-!J;~ .. "'~"mm,"l ""'" be ~"'''' to ~. 0.,;"'''9 of... "'~ ,,'''''''''' ~""hop. Special Meetinas for Other Purposes: Special meetings for purposes other than quasi- judicial hearings may be called in accordance with the Charter of the City of Sebastian. Special meetings shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. A motion to extend the meeting time shall be made only once during the Special meeting and the motion shall be for no more than a thirty (30) minute extension. SECTION 2. NO SUBSTANTIVE DECISIONS AT WORKSHOPS. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. SECTION 3. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow Roberts Rules of Order, Revised, 9th Edition, published by Scott, Foresman as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. The City Council recognizes Robert Rules of Order are not applicable to every procedural matter governing a public official in the State of Florida. Each Councilmember must vote on all motions unless a Councilmember has a conflict of interest. A Councilmember may make a motion, second a motion or participate in discussion on a motion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or a point of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to prepare agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item, and, in such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. ORDER FOR PUBLIC HEARINGS (OTHER THAN OUASI-JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as follows: A. Order of Business: 1. Chairperson shall announce the opening of the public hearing. 2. City Attomey shall read the Ordinance or Resolution by title unless the City Charter, Code of Ordinances and/or Florida Statutes requires more than the title be read. 3. Chairperson, if appropriate, shall announce the rules that apply to the hearing. 4. City staff shall make a presentation, comments and preliminary recommendation. if any. 5. Public input. 6. City staff final comments and recommendation, if any. 7. Chairperson closes hearing unless hearing continuation granted by the om""""" ~le of fure. Cooo.' ~bem. @ B. Continuance of Public Hearing. City Council may continue a public hearing unless a continuance would violate City Charter, City Code, State or Federal law. A public hearing may be continued to a time certain that the hearing will be re-opened and shall be stated in the record. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. C. Deferring Decision on Merits. City Council may defer a decision on the merits of any matter pending as a result of a public hearing. D. Suspension of Rules. Any provisions of this Resolution may be suspended for good cause by the affirmative vote of at least three Council members. The good cause shall be stated on the record. E. Failure to Follow Rules. If City Council fails to strictly abide by any provision of this Resolution, such failure shall not invalidate action taken by City Councilor staff. SECTION 7. PROCEDURES FOR SPEAKERS AND INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC. A. Sian-up Sheet. Sign-up sheets shall be provided by the City Clerk prior to the commencement of any meeting of City Council in the City Council Chambers one half hour prior to the meeting or in the City Clerk's office from Monday through Wednesday from 8:00 a.m. to 4:30 prior to the meeting for Introduction of New Business from the Public and Public Hearings. B. Public Input on Aaenda Items. Individuals who wish to address the City Council on items where public presentations are permitted on the agenda shall address the City Council immediately prior to City Council deliberation of the agenda item. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. In addition, individuals shall have the opportunity to address City Council during a public hearing held in accordance with any federal or state law, the City Charter, the Code of Ordinances and the Land Development Code of the City of Sebastian. C. Introduction of New Business from the Public. Introduction of New Business from the Public shall be that portion of Regular Meeting agendas at which individuals may introduce new business not otherwise on the prepared agenda. "New Business" as used in this paragraph, is defined as an item that has occurred or was discovered within the previous six months. Any individual wishing to introduce new business during the Introduction of New Business from the Public section of Regular City Council meetings shall have the opportunity to address the City Council if they have signed the sign-up sheet prior to the commencement of the meeting on a first come first heard basis. Individuals are encouraged, whenever possible, to meet with staff to attempt to resolve matters. Individuals are also encouraged, whenever possible, to sign up for Introduction of New Business from the public by noon on the Thursday preceding the Regular Meeting and provide documentation for inclusion in the agenda packet. No Introduction of New Business from the Public shall be allowed at special meetings or workshops. @ D. No Time Limit for Public Input. There shall be no time limit on oral public presentations under Public Hearings, Introduction of New Business from the Public and Input on Agenda Items, however, City Council, by majority vote of its members present, may terminate or limit the presentation at any time. E. Written Presentations. Individuals may also submit written presentations to the City Council by providing ten (10) complete copies to the City Clerk prior to commencement of the meeting. F. Public Input Addressed to Chair. All public input shall be addressed to the Chair, unless answering a question of a member of City Council or City staff. SECTION 8. VERBATIM TRANSCRIPTS OF CITY COUNCIL MEETINGS. Any person who decides to appeal any decision made by the city council with respect to any matter considered at any meeting or hearing will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be heard, in accordance with 286.0105 Florida Statutes. The City Clerk's office is not required to prepare verbatim transcripts or parts of any minutes of City Council meetings unless City Council, by majority vote, directs verbatim transcripts for any parts of any minutes it deems necessary and proper for conduct of internal affairs of city. SECTION 9. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-03-14. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council member , was seconded by Councilmember , and upon, being put to a vote, the vote was as follows: Mayor Nathan McCollum Vice Mayor Brian Burkeen Council Member Lisanne Monier Council Member Andrea Coy Council Member Sal Neglia The Mayor thereupon declared this Resolution duly passed and adopted this day of July 2005. CITY OF SEBASTIAN, FLORIDA By: Nathan B. McCollum, Mayor ATTEST: Sally A. Maio, MMC City Clerk (SEAL) @ @ Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer. City Attorney "".. SEBAS~ ~ IiOME- o. PWCAN ISlAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Interview, Unless Waived and Submit Nominations for the Alternate Position on the Parks and Recreation Advisory Committee Agenda No. 05. oct 0 Dept. Origin: C~Clerk ~ City Attorney: Date Submitted: /24/2005 , ubmittal by: City Manager For Agenda of: 7/13/2005 : C de, Application, Ad, Board Member List Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT The alternate position has been vacant since Ms. Merlin was appointed to the Zone B position. RECOMMENDED ACTION Submit nominations for the vacant Alternate Position that will expire 5/31/2008. See. 2.170. QUlllflcsaon... for Boards Generally The pIima!y co....L:h....lk>" In appointing bolIrd and QC)"h,,1Ilaa 1TIlllTtl8l1l BhaII be to provide the bOIIrd or comlldlbn. wIh the nHded tllCfnfiwol, I""r..&.oional, fInancia~ ~ or _,ilM..II.. ~..... /VI ............,rll pIfJYious lBrm as S member Of an tlI....... nlS..ob.r, of the bo8rd 01' lM.R...... on which 1here is . vacancy I118f be given special consldlll'llllon. Yt'htnlver III CUII'eI1t or fanner member of I board, or <;j)"lI.lilIh Is being considlll'8d for appointn'nlnt or rellflflui. .......It to S boan:l, tfIe dt.y COII'lClI ... CDrllIfder the I11IIl'1ber and nature of the memotMlda or conflict previouaIy IIllId by sucf1 IndIvidUsI plI'lllJllIlI to en. 112, F.S., nIll1tfng to that lnc:IIvIdual'a pnMous me...t....IIUp on tl;re board or <XlI1.ji~ for whid1 lhe apP.Cintment Is being conskl8nJd. All of the memblll'll of e8ch b08l'd or committee shaD be ""Icfe." otlhe city. AddllIonal qualllcallollll may be ordalned or be olhlllWise appllcablll for 8 particular bolll'd or commlltee. (Ord. No. 0-97-56, S 5, 9-25-97) --- -...-... RECREATION DMSION 3, PARKS AND RECREATION ADVISORY COMMI1TEE* , "Editor's note: Ord. No. 0-01-23, ~ 1, adopted Oct. 10,2001, repealed div. 3, ~ 2-211-2- 214, 'in its entirety and reserved said sections. Former ~ 2-211-2-214 establis,hed a recreational adVisory board for the city and ~ed: from Ord. No. 0-98-08, S 1, adopted May 13, 1998. ' Subsequently, Ord. No. 0-03-29, ~ 1, adopted Dec. 10. 2003, added 8 new dlv. 3,~~ 2-111- 2-114, as"t forth hereln. See. 2-211, Establishment. The clty coundl hereby es1sblishes a parks and recreation advisory commltlee. The pui'pose of the committee shall be to study and provide recommendations to snr council: . As to the development of the parle system; and . iv. to the provillion of active recreation programs and facilities. Membership on the committee shall be through appointment by city council. COrd. No. 0-03.29, g 1, 12-1~3) Sec. 2-212. Panel composition, The committee shall be composed of five residents, with one member from each of the four recreational impact fee dls1rId.$ and one-at-large ~. In the event lhat no suitable appHClIf1ts are available from a district, lInother.aMlUge member may be appointed: In their place. (i), ,. (Ord. No.. 0-03-29, S 1, 12-1()'()3) /..:' '....-;. -' ." !P , See. 2-213. Tenns. ' .,,0"". , Following appointment of the Initial committee members, the representatives of dis1ricts , A snd C shaff serve until May 31, 2005; the representatives of districts B and D shall serve unfU May 31, 2006; and the at-large member sllal! serve until May 31, 2007. Thereafter, committee member terms shall be three years In length. .---. ..,+ -- -~ ....... ...... ...-...... ---' OlYOf HOME Of PRlCAN ISlAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: GAR-' HOME ADDRESS: \l"\s- ~~~S'~n ~N HOME PHONE:' G g q D E-MAIL: HOME FAX: S(j~e L \ , BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? Yes HOW LONG? 3Ye DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? No DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOA~~OMMITTEES? 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 (pennanent board - meets once a month)' COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (pennanent board-meets as needed) CONSTRUCTION BOARD (pennanent board - meets once a month)' HANDICAPPED SELF-EVALUATION COMMITTEE (pennanent board - meets quarterly) PLANNING AND ZONING COMMISSION (pennanent board - meets twice a month)' POLICE RETIREMENT BOARD OF TRUSTEES (pennanent statutory board- meets quarterly)" . 'f<. PARKS & RECREATION ADVISORY COMMITTEE (pennanent board - meets once a month) TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE 2.OIJE 1> TREE & LANDSCAPE ADVISORY BOARD (pennanent board - meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) *Filing of financial disclosureis'required following appointment t"' ~-;;C :E~ en lt~ ~ ""- iT'0 -C Ll :3 H--' <L;) i1'0 j./61 P1~\ L, (b1l ,-'.. --< ('-r '-"" -'.' ~~ ..;~ r-:'j ." .:-.> (;1 !:--1 ~ rn :.~: ~:;; ;:: ,"J (J o '~" r- ,-: ;~,; :'~-:: .,-', @ ,AfPLlCABLE EDUCATION AND/OR EXPERIENCE: (a brief resume. is required) 't'oUc..t O~\c.et.Co0S o\! ~S;\j~ "\jocA\\OIV~ ID.\bol ~~ QoL.~ 6>> -g '1~f' ( ~<"'<"\A~~ ~R~~ ''I OW WOULD YOUR EXPER NCE BENEFIT THE. BOf\RD YOU'RE APPL Yli fOR? ~e; ~ ~ v\1:LK.. ~~1'fI ~~~ O~'I'I' U~ '-+1w~ &~~ ~ ~~\'J.s o~ ~ Goc,Q ~ '-\;~ \t)~9..:;)%\). (.~ LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR .\:,OMMITTEI=: O€l<ve-o ~S ~ r~k: RANGe'<t ~. Luc..\t ~l'l"t'\ <<.. 0.. Mt) ~-n\S- HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? Nt> HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? No WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? 'j e S I hereby certify that I am qualified to hold the posttion for which this application is made. Further, I hereby authorize the Ctty 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. Iwp-formlapplicat. wpd rev. 112004 before me this day of .J"LcAIe- ~ by , who is personally known to me, or has produced . . . ~\\""IU1'", as Identlficatlo~~ '(\'/ M. 80;'111, i$A.O" ........ ~.I"'!l~... ~ "'.. ..~ION'. v.: ',. ~~O..&~ ". ~..~~ it ..~ ?~&..:1~..~~ =:~ "I{,."(,;-' i: ~*: .... i*i -z' ~D . = ~o~.. 'l'U 305748 :!t'~- -~'1c .~'" ~:-9J..~~If>>~,'t4S. ~ ~~.-_"WC~.~~",,,, - ~'''~~l........t:f< ....... ~"'II/,7;fm~~,,\"" I have been provided with, read and understand City of Sebasti (attached). Information relative to a specific board or committ Subscribed @ PARKS & RECREATION ADVISORY COMMITTEE Ordinance No. 0-03-29 3-YEAR TERMS MEMBER NAME AND ADDRESS DISTRICT REPRESENTED William Ingui 626 Layport Drive Sebastian, Florida 32958 581-0166 District A Michelle Merlin 450 Alamanda Avenue Sebastian, FL 32958- 589-5098 District B vacant District C Jayne Barczyk 609 Caravan Terrace Sebastian, Florida 32958 388-1949 District D Jessica Keaton Regular At-Large Member Appointed 12/11/02 474 Ponoka Street Sebastian, FL 32958 589-8536 vacant Alternate Member reo Code 2-167 BOARD SECRETARY, LINDA KINCHEN TERMS Made permanent member 12/10/03 Term to expire 5/3112008 Appointed 1/1102 Reappointed 5/11/05 Term to expire 5/31/2006 Replaced Gray 5/11/05 Appointed Alternate 7/28/2004 Term to expire 5/31/2008 Made permanent member 12/10/03 Term to expire 513112006 Appointed 1/112002 Made permanent at-large member 12110103 Term to expire 5/31/2007 Appointed 12/11/02 Julianne Barrett Appointed 111/02 & Resigned 10/28/02 Term to expire 5/31/2008 99 @) " , @ May 16, 2005 PRESS RELEASE PARKS & RECREATION ADVISORY COMMITTEE THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL AN ALTERNATE POSITION ON THE PARKS AND RECREATION ADVISORY BOARD: THIS COMMITTEE MEETS ON THE LAST MONDAY OF EACH MONTH AT 5:30 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 AND WILL BE ACCEPTED UNTIL FILLED. ### 1)/.15 "leS5 t't~ ~ uit-I'J C:'U.f-S.di d I}'tt<< OIlllf SE.BAS~ k~~~ ...V HOME Of PWCAN ISlAND ."" -= <= -'" , '::J ~, - __.., --1 ..... -< fT1 C) ::w . -;, fIll .." cr) <r.> 9nil~ -...< -< fT1 f>"" <:'> -( -'t'__ =: Z APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) = CID NAME: HOME ADDRESS: .... C..1 -<= [T1 .:> .," HOME PHONE: HOME FAX: E-MAIL: BUSINESS PHONE:3 'SOO BUSINESS FAX: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ye:> DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? n 0 E-MAIL: HOW LONG? 1?<;5" DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? no 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 boant - meets once a month)' CONSTRUCTION BOARD (permanent boant - meets once a month)' , HANDICAPPED SELF-EVALUATION COMMITTEE (permanent boant - meets quarterly) PLANNING AND ZONING COMMISSION (permanent boant- meets twice a month)" POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory boant- meets quarterly)' PARKS & RECREATION ADVISORY COMMITTEE (permanent boant - meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent boant - meets onxe a, month) Y OTHER TEMPORARY COMMITTEE (if applicable) /',,11'I ml llJ I ~~ flpdPV.eJ6frnen+ * (WRITEINCOMMITTEE AME) Adl/iS6r-y Corn/?} 'flee Flllng of financial disclosure Is required following appointment @ APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) ~,~ jh/6 I5Eev :Tj<.JvCJUJW {p 5;1/14<<- ED.5I'/"~ss6~~ 6E.JJ ~"'M5 -:::J)...JGi... Elpee-tvJc€",..} co..........."'''?' tJ~#i ;;!.oJ-'I';<JG. hS{/~. HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? $p,A-VL i3(/ShV.$~.5. VIL<-<-J It> GlvA-c-'7 ;/'W-Uo/H 'f LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: /JIWL s;.,cp&elOX::€.. ,r-I 8vl'eLJPJ6. co""....~A<-~/&.T IIJ CPy of 5ggllS"T7RJ HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? nO . HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR IN.VOL VING MORAL TURPITUDE IN THIS OR ANY STATE? no WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THEONE(S) SELECTED ABOVE? nO.. . I hereby certify that I am qualified to hold the position lor which this application is made. Further. I hereby euthorlze the City of Sebastian to Investigate the IJUthfulness of alllnfonnation which I have provided In this application. I understand that any misrepresentation or omission of Informetion requested In this application Is cause lor disqualification. I have baen providad wtth. 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 ilable If uested. Subscribad and swom to bafore me this day of 3flmlEs:. I... Wet51f1P . who is personally known :--7i"""~dentiflcatiOn. t.J~# ~~ MARILYNt.lWAUlIS of Florid l>:&)'" MY COMMISSION i CC 989908 e a ".1...~ :; EXPIRES: February 2, 2005 ....,fJf.~ BondadThIU NolaIVPm&cUrrdel'<Yfblto ~... ~()~ by (fto me. or has produced \wp-form\applicat.wpd rev. 112004 @ -- RECEIVED '~1TY ~jF SE8t~ST:" i"'! ""'" SEBAS!!AN ~7'';' .;r HOME. OF PWCAN ISLAND f C:':@F@ITYiSLE;:,"; " 2005 niin 28 Prl12 'i 6 APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: A Li:x HOME ADDRESS: 3. HOME PHONE: E-MAIL: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? YtS:S HOW LONG? 3 ){ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? j'/o DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMrrTEE? f'lo 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 (pennenent board - meets once e month)' CONSTRUCTION BOARD (pennanent board - meets once a month)* . ~NDICAPPED SELF-EVALUATION COMMITTEE (permanent board"" meets quarteriy) V PLANNING AND ZONING COMMISSION (pennanent 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 bOSt! J!)!} once a month) V OTHER TEMPORARY COMMITTEE (if applicable) . . (WRITE IN COMMITTEE NAME) * --:.. .,'-....~.,........-... . Filing of financial disclosure Is required following .lippdintrT)ent '. @ APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) Stk.~tSi/irJe HOW WOULD YOUR EXPERIENCE BENEFIT THE-BOARD YOU'RE APPLYING FOR? DUK.. fo /'fly exf&I.h;;ive poi/u fJlJ(ix''iI.Oi/tJb, /1N)) myrAJl/oiv&fYJell /N Jl/Uf/J&!?OV.$. (J)v/e, jJs.soet'rl'h'orl..lI)N)) my fo.s/f/or./ /1srl /Vr1Jwe. toFt&- IJI'I/o l1<e~/o6rJ},I !JE./J'&:lri.lltttf r' c!....tlrJ /f;e ;<f.J f/5se-t .+., ,- _ t, (:', LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: 1f{~Sf.NI I!JO/1f( D llJel!1~~ Of fhE 5'ifjllsligtJ fr<oliKfj tJ/lJtI.t/..S /}SSOf!-/f}!t'()JiJ, HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? /lIo HAVE YOU EVEN BEEN CONVICTED OF AflY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? No WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? t/.: . /AO,J" I hereby certify that I am quelified 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 wIIh,. read and understand City of Sebastian Code of Ordinances Se (attached). Information relative to a specific board or committee i Ie . qu Applicant ignatu ancl--.,swom to before me thls071' ~ day o~ ,~,;S-:- by ~k .....1.?" 4 who is personally known to me, or has produced - - -J~.Oas identification. \wp-formlapplicat.wpd @j- ~'t'''''A. ANN V. ROUSSEAU ,~: ~~ MYCOMMISSIONtOO0B9531 . 'fi EXPIRES: March 18, 2006 "".Iir,~ BondedThruNoIIlryPubllcUndelwrlten .RESUME Alexander Paternoster 426 Seagrass Avenue Sebastian, FL 32958 (772) 589-6J46 EDUCATION Rutgers University New Brunswick, NJ 1995 Labor-Management Relations Rutgers University New Brunswick, NJ 1993 Traffic Engineering Police Training Commission State of New Jersey 1983 Police Academy Instroctor Jersey City Police Academy Jersey City, NJ 97002 1979 Academic Police Curricn1nm WORK EXPERIENCE Jersey City Police Department Jersey City, NJ 1979-2001 (Retired) Police Officer ASSIGNMENT Police Officer, patrol and investigative duties Traffic Accident Investigator / Reconstruction Certified Police Academy Instroctor Certified Defensive Driving Instructor, Division of Criminal Jnstice A<ljunct Instructor, Northwestern University Traffic lnstitote Adjunct Instructor, University of North Florida, IPTM President, Police Officers Benevolent Association REFERENCES Mr. John Imhoff -Retired Police Captain, Jersey City Police Department, Jersey City, NJ S1. Aognstine, FL 32095 Home: (904) 825-4614 Years Acquainted - 23 Mr. Hugh McGreevey - Retired Police Lieutenant, Jersey City Police Department, Jersey City, NJ Carteret, NJ 07008 Home (732) 802-9829 Years Acquainted - 23 Mr. Sa! Neglia - Council Member, City of Sebastian Sebastian, FL 32958 Home (772) 388-5020 Years Acquainted - 2 (jg) @ art 01 SEBA5~ ~ HOME OF PELICAN ISLAND o Submittal by: City Manager Cit of Sebastian, Florida Agenda No. 05055 Department Origin: Growth Managem~ Purchasing/Contracting: "C'C" Finance Director: City Attorney: ~_ City Clerk: ~ Subject: Turtle Grove (a.k.a. Kozlowski) Subdivision Preliminary Plat approval. Date Submitted: July 5,2005 For Agenda of: July 13, 2005 Exhibits: Preliminary Plat Plans, R-05-27, Location Map, Staff Report, Application, P&Z Minutes, Public Notice. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY Mr. Wayne Kozlowski has submitted an application for subdivision development for an I8-acre tract of land located west of Laconia Street and south of Gladiola A venue. This property is within the City of Sebastian limits, is not a recent annexation, and is currently zoned RS- I 0 permitting single-family development under the low density land use category. Subject plans reflect compliance with current RS-IO zoning requirements including minimum lot size (9,500 sq. ft.), setback standards (25' front, 10' side, and 20' rear), open space requirements and all other dimensional criteria. Plans outline a total of 39 units on I8.40-acres providing a density of 2.12 units/acre, placing the subdivision well below the 5 units/acre under current land use regulations, and below the development covenant for annexations of 3 units/acre. The primary point of ingress and egress will be located between lots 8 & 9 along Laconia Street, which is slated for widening from the current one-lane roadway section to a full access two-lane roadway as an element of scheduled improvements, by the developer, for the subdivision. Mr. Kozlowski is conveying 40 feet to the City along Laconia Street for the additional needed right-of-way. A secondary, emergency access tract will also be located south along Laconia Street between lots 4 & 5. The proposed subdivision will be served by water and sewer service as permitted by Indian River County Utilities. The Planning and Zoning Commission reviewed said request during public hearings held on February 17, 2005, and June 16, 2005, in which they forwarded a recommendation favoring approval. RECOMMENDED ACTION Conduct quasi-judicial public hearing. @ Make a motion to approve, approve with conditions, or deny Resolution R-05-27. RESOLUTION NO. R-05-27 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS TURTLE GROVE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Wayne Kozlowski, has filed an application for approval of a preliminary plat for a subdivision known as Turtle Grove; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. PRELIMINARY PLA T APPROVAL. The City Council of the City of Sebastian does hereby approve the preliminary plat for Turtle Grove as maintained on file in the Growth Management Department. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. upon its adoption. The foregoing Resolution was moved for adoption . The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: EFFECTIVE DATE. This resolution shall take effect immediately by Councilmember and, Mayor Nathan McCollum Vice-Mayor Brian Burkeen Councilmember Lisanne Monier Councilmember Andrea Coy Council member Sal Neglia The Mayor thereupon declared this Resolution duly passed and adopted this 13th day of July, 2005. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk @ Rich Stringer, City Attorney ~ " , · .y..... 8~';tl~ ' . .' " . . . ~. , :\.Y...,. , .... ..,. , ~'t:-~ ~~~~' ',' ... '.' . ....' .""1 I '~ . '. '. . " . '. '. .,. .... . J i, li!'" " -, , · .- ~~~ ~. J,:'::,. . ';-:\1 V. . ~ . - - ... - " . . . ... .,~ ' ~ iI,:, r., '.~' '. ....... . . '" .... - '. ..,. . . 'I =. _ ~ '.- ;.; . ': , . . '-" . '.. , .", . ..... '... i"".:;.;.:!l."" .... ..... , 0 ' ....,. , . .. .' , ~ !r';~._ " "'~ ,'. .' ~ ',.. \ " 1'""\":" '\, _ ' ':".': . .''' . ~ ',. ~ = ! ',. '" ~. " :,'. '. . -= ~ i ".'. -:' .,i ~ ' .,' . '. ':".,:; ~ :~ r', .' ~"';". r ;,:' '. · '. '. . "'-':-)If-' :. ,;. . ~>;: r.k: . . . .' ,,'. '.. ~~;':J1;O- , ' " ~......<.., , "~r::\ ...~ ---: I i ~~ - . ;.k"'" - la,' ;",~ .,1".. 'r.;"" ---: I ' - . . '--.' ~ !!! -,I '- - . . I'::,! - l 0,,"' Q -:- , f I ' "', , . . 'J _ , i ~,,, :. '5I~ '1"::," ~rM~.J' 'oJ · ~~Wl~\1iI~Yi~f~ !~; , . "". i"., ""'"'i';"'''''',<IUf, I.. , " .... _ ",'," "'\"\".iLiliL. ~ ~" -,'" ".I" 'I~. 0 .' '..::L. r_~""~"..1,1 "':I!!. __ ~~n,:" I I . . .. -- -, -~~--, V - - - -- 'YlNo~ ~ -- ---- --'~ - L , -- - -- . ~~fH I ~ 1.1 :=-g \ ~,v <I llN~ ISUV.1. L I. ....." _" "- . I = h :. ,I. ~ "," ':' I' _ !~: 'i1':,.'. ~;~:' 8 I . = - :: 'J:' , :-2> !~. ' , -:- I ~ ' -1 : I, . ~ ,j ~ I' '. "'. J ""~"'""I""-;;;:; , ="}~--~ :'. = ';' .:' ....-;j '....~.>i m - - ".j ';I >" l . "'";" _ I ~ . < ;!;', r;,.~ -,...'-'1'l ~ t:;; . .,~"'" :~'-, "'A'''. .. '-:/"'T..,, '< -.~ '-, - ".---.- c:;-:;;- \\".. ,.., - N. ' _ 'I. ': . ~'". -., .. . --eJ :'": . " ~. -.", .r:' : - ",_ 'j 'll~ .,- ; '" .... ~ "'~. ' : gF.-- ~~. - '"N" ~ '"" . ~ ' ~ ~2 ..... .. ~ ~ - - L -i" .: I - .'. "'1>"~, . _ ~ ." " ...~, , ' 'i"";. . · .. '(_" d..1. ~ \... .... .. '.. - ~ =' ---'...- 'O>"!~... ~ s: .... i~ ..:~ , r-::-mr . . . r- j--::-.-' ~ ~o I g ~ t: r-:-' , ~, ". ..' 6, Ii -'l~~ , ';t\ S\\~~ s~~~ S'\, , , Iii l , iii , i~ . ''1 , . / L"!" , '" Q ';:>', <t. . U ,. "'" ...0 . W ili ~,~ - . ....., rlL / /r/;.- / ~;;r/ /tJ. ! V'l l X. v,,~/ ~ ~ I I I / , 1 . ~ ~ , i.! ". I I~ @ HOME Of PWCAN ISlAND Growth Management Department Preliminary Plat Approval Application - Staff Report 1. Project Name: Kozlowski Subdivision 2. Requested Action: Preliminary Plat approval 3. Project Location a. Address: West side of Laconia Road, south of Gladiola Avenue. b. Legal: c. Indian River County Parcel Number: 31-38-26-00000-1000-00003.1 4. Project Owner: Wayne Kozlowski 75 Merrill Court Bristol, Connecticut 03010 (860) 302-8645 fax: (860) 589-9766 5. Project Agent: Joe Schulke SChlke, Bittle & Stoddard 1717 Indian River Blvd., Suite 301 Vero Beach, Florida 32960 (772) 770-9622 fax: (772) 770-9496 6. Project Engineer: Same as above 7. Project Surveyor: Dave Taylor Mastellor, Moler & Reed 220594" Avenue Vero Beach, Florida 32960 (772) 564-8050 fax: (772) 794-0647 8. Project Description @ Narrative of proposed action: The following subdivision plan has been modified slightly from the original plan presented to P&Z on February 17, 2005. More specificaliy, original plans included the following: Upon successful negotiations, the property owner has reserved Tract A, located on the western edge of the property, for a stormwater management tract to be purchased and maintained by the City of Sebastian. This will greatly assist the City's efforts in providing better drainage capture and filtration for the southeastern quadrant of the Highlands as an element of the citywide 1 b. drainage improvements. However, upon further investigation, the City has decided not to pursue purchase of the subject Tract as other suitable areas have been identified. Therefore, the proposed subdMsion has been modified to reflect an additional 5 lots. All other issues and specification remain the same as previously presented. Mr. Wayne Kozlowski submitted an application for subdivision development for a 18-acre tract of land located west of Laconia Street and south of Gladiola Avenue. The property is currently zoned RS-10 permitting single- family development under the low density land use category. Subject plans reflect compliance with current RS-10 zoning requirements including minimum lot size, setback standards, open space requirements and all other dimensional criteria. Plans outline a total of 39 units on 18.4O-acres providing a density of 2.12 units/acre, placing the subdivision well below the 5 units/acre as permitted under current land use regulations. The primary point of ingress and egress will be located between lots 8 & 9 along Laconia Street, which is slated for widening from the current one-lane roadway section to a full access two-lane roadway as an element of scheduled improvements for the subject subdivision. A secondary, emergency, access will be located along Laconia Street between lots 4 & 5. The proposed subdivision will be served by water and sewer service as permitted by Indian River County Utilities. Current Zoning: RS-10 c. Adjacent Properties North: East: South: West: Zonina Current Land Use Future Land Use RS-10 RS-10 A-1 RS-10 Single FamilyNacant Single FamilyNacant Vacant Single FamilyNacant LDR LDR L-1 (County) LOR d. Site Characteristics (1) Total Acreage: 18.40 acres (2) Current Land Use(s): Undeveloped (3) Soil: Eaugallie, Riviera (4) Vegetation: Various Vegetation (5) Flood Hazard: Zone X, AE (elevation 11.0) 2 @ @ (6) (7) Water Service: Indian River County Utilities Sanitary Sewer Service: Indian River County Utilities (8) Parks: Barber Street Sportsplex - 1 mile (9) Police/Fire: Sebastian Police 4 miles County Fire - 1 mile 9. Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent c. Housing: Consistent d. Public Facilities: Consistent e. Coastal Management: Consistent f. Conservation: Consistent g. Recreation and Open Space: Consistent 10. Contents of Preliminary Plat: a. name of subdivision: Kozlowski Subdivision b. vicinity sketch: provided c. legal description Including section, township and range: provided d. north arrow graphic scale: provided e. date of preparation provided - November 2004 f. name, address, and telephone of applicant: provided as listed above g. name, address, and telephone of owner of record: provided as listed above h. name, address, and telephone of mortgage holder: i. statement that they will join in the dedication: j. name, address, and registration number of engineer: provided as listed above 3 k. name, address, and registration number of surveyor: provided as listed above I. name of adjacent subdivisions, if any, including plat book and page number reference: provided m. names of owners of record of adjacent acreage: provided n. contour map including a perimeter strip up to 150 feet in width. provided o. all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man-made features: provided p. name, aliment and width of all existing and proposed streets, alleys, rights-of-way or easements including name, right-of-way width, street or pavement width and established center line elevations: provided q. all existing and proposed property lines, easements and right-of- ways, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks: provided r. access points to collector and arterial streets showing compliance to the access requirements: provided s. all existing drainage district facilities and the ultimate right-of-way requirements: provided t. utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract: provided u. a statement that all utilities are available and have been coordinated with all required utilities: provided v. sites proposed for parks, recreational areas and schools: provided w. location of all temporary structures or permanent structures having a temporary use: nfa x. if borders public water, delineate the mean high water line: nla y. plan for stabilizing shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to DEP and the city: provided 4 @) z. permanent reference monuments shall be shown at all block corners, at all points of reverse or compound curvature, and at all points of tangency occurring with block limiting lines: provided aa. block perimeter returns at block corners or other block line intersection: provided 4. Required Supplemental Information @ a. existing land use policy and proposed polley changes: provided b. on-site wastewater disposal data: provided c. surface water management plan: provided d. traffic Impact analysis: provided e. required park land and/or facility improvements: provided f. required potable water Improvements: provided g. required wastewater improvements: provided h. erosion and sedimentation control Improvements: provided i. reference to required improvements i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. xii. xiii. xiv. xv. xvi. xvii. xviii. xix. xx. xxi. access: provided alleys: n/a blocks: provided bridges: provided comprehensive stormwater management system: provided easements: provided lots: provided seawalls, bulkheads, piers and docks: provided soils: provided streets: provided bicycle/pedestrian paths: provided off-street parking areas: provided utilities: provided utility installation: provided central water system: provided central wastewater system: provided individual sewage systems: n/a water and sewage treatment and processing plants: n/a median strips and entranceways: provided traffic control devices: provided monuments: provided 5 xxii. commercial and industrial subdivisions: n/a xxiii. mobile home subdivisions: n/a j. schedule of multiple phases: N/A 5. Fee paid provided 6. City Engineer's review: Construction Drawings and Plan review will be required prior to release of construction permits. 7. Other Matters: In accordance with Article 19 - Subdivision Land Development Regulations, two points of ingress and egress are required for all subdivisions. The Preliminary Plat outlines two points of ingress and egress as required. 8. Analysis: Mr. Wayne Kozlowski submitted an application for subdivision development for a 18-acre tract of land located west of laconia Street and south of Gladiola Avenue. The property is currently zoned RS-10 permitting single-family development under the low density land use category. Subject plans reflect compliance with current RS-10 zoning requirements including minimum lot size, setback standards, open space requirements and all other dimensional criteria. Plans outline a tdtal of 39 units on 18.40-acres providing a density of 2.12 units/acre, placing the subdivision well beiow the 5 units/acre as permitted under current land use regulations. The primary point of ingress and egress will be via Laconia Street, which is slated for widening from the current one-lane roadway section to a full access two-Iane roadway as an element of scheduled improvements for the subject subdMsion. A secondary, emergency, access will be located along laconia Street between lots 4 &5. The proposed subdivision will be served by water and sewer service as permitted by Indian River County Utilities. 10. Conclusion: As proposed, the Kozlowski Subdivision preliminary plat is consistent with all applicable slate and local laws with respect to subdivision development, including provisions contained within the Comprehensive Plan and land Development Code. 11. Recommendation: Staff recommends approval of the Kozlowski Subdivision Preliminary Plat. ~/~s DATE 6 @ Permit Application No. sa;@1-ta,."I City of Sebastian ~:!!~~o Develo ment Order A Iication A licant If not owner, written authorization notarized from owner is re Name: S C. Addres . E-Mail: (\, ~, 10 E-Mail: Title of permit or action requested: YU1-r PLEASE COMPLETE ONLY THOSE SECT10NS 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. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable):. N I '\<::':K" i ,............~ ~ l I~ OCr) B. Site Information ~dd,ress: '.11\ o.cr... '::;i Y ["f-r S .l{ Lot: Block: 0;.,. 1'.-': f: ---:' '1........... O-CCfllo... Zoning Classification: l2. "S. () Future Land Use: ') - ('if Indian River County Parcel #: n ,~'" ~ - I ,I-,j fl- - . ~ -:- '-- t .c:7'\LJ(. Existing Use: VAl Proposed Use: r7 1G-1"71 '0 ~~rI,.-r, Ai <::,! , c. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarY): DrvK'lnD tl . !?A:/1 r '?r; 1\/--1' P L S. 1):7 0'...\ \ q, ~ k~tr c; DATE RECEIVED: .!lJ_!J ol( FEE PAID: $ I :{"(){) - \:~ d. lb ? '\ EIVEo.BY' Itece.' ~ <'I 4'OV 7~ed t;~ ~ " p -" 2CO", ~ ~ "r~Of<; ; ~~ 4fKtJt \), . ,'coil, ~. "'--.~ \.>~ZZLZO'"l.E>" '-~ ---.-.. @ Permit Application No. D. Pro"ect Personnel: A ent: Name: Address \';c CV 0! IV 1.::1.:rz. Phone Number: ( FAX Number: ( E-Mail: Attorne Name: Address Phone Number: ( FAX Number: ( E-Mail: E-Mail: -, NG FIRST OUl Y SWORN, DEPOSE AND SAY THAT; _ I AM THE OWNER X I TH WNER OF THE PROPERTY DESCRIBED WHICH 1$ THE SUBJECT MATTER OF THIS THE I RMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE- F MY KNOWLEDGE AND BELIEF. 1{{j,V DATE SWO N TO ~ND BSCRIBED BEFORE ME BY ;i""12. ~~'~' WH ,IS PER ME OR PRODUCED ^ ASI' CATION,TH1S~DAYOF l\f1\"wk..-- ,20 . NOTARy'SS'GNATURE ~~ ~ PRINTED NAME OF NOTARY (- CoMMISSION No./ExPIRATION . 2. (l SEAL: WilliAM STODDARD . N.ta.... Publk: - Slated Florida : MyComrnilltlnEJpho~l2. 2IXI5 !:omm",'.n . 00017513 @ 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. INVE, _ THE OWNER(S) / X THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBJ=D WHICH IS . THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE (,/11:1 '71fIJ+- f" 7.- tvvI? rtJl/)q ~ BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AN6 VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. INVE 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 ST TES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. S BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE':;; SEBASTIAN. <I;~ DA E S Om to subscribed before me by ~.h~ 0: ho IS rsonall me or produced nlifica lon, this day of I\Iou1:m 20. Notary's Signature ~ Printed Name of Notary I ' Commission No.lExpiration ~ .... . Seal: WILLIAM STODDARD. . NotaryPubllo - StabI rI F10rtcfa My CommlioIiDn ElqlhII!f!t 12. 2lIlI5 Comml..1Qn.' 00017573 @ PLANNING AND ZONING COMMISS~~ ~~ MINUTES OF REGULAR MEETING ~JUNE 16, 200~ year period. Mr. Celli asked what the number of potential jobs that would be generated by this facility. Mr. Philipson said it would not be a significant number. (Tape 2 malfunctioned.) Mr. Celli also asked if the environmental board was part of the review process and Mr. Stringer said it is not within their realm to review development plans. Chmn. Smith called for a motion. MOTION by Keough/Smith "I make a recommendation on the growth management department's approval of the Philipson airport industrial development site plan approval for multi-purpose site with recommendations that as soon as the sewage is available by the county that they connect and with any other provisos that staff recommends are adhered to noted in the staff report: ROLL CALL: Mr. Keough Chmn. Smith Mr. Celli yes yes yes Mr. Allocco Mr. Mahoney Mr. Faille Mr. Paul yes yes yes yes The vote was 7-0. Motion carried unanimously. A five-minute recess was called at 9:15 p.m. All members present when meeting reconvened at 9:25 p.m. \V PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL- ""'\ PRELIMINARY PLAT - REVISED - KOZLOWSKI SUBDIVISION - SOUTH LACONIA STREET - RS-10 ZONING - 39 LOTS, 2.12 UNITS/ACRE DENSITY Chmn. Smith opened the hearing and representing the applicant was Jason Saunders, Schulke, Bittle & Stoddard, Vero Beach, Florida. He explained that the application was previously presented as a 34-lot subdivision. Since the City of Sebastian no longer wants to purchase Tract A, the owner added five more lots. Mr. Hass added the land that was to be purchased would have been used for a stormwater retention lake. Warren Fuller, 1672 Sunport Road, asked what is the highest and lowest elevation points. Mr. Hass responded the lowest point is 11.75. Mr. Paul asked if Mr. Stringer would comment on the reason the city is not purchasing the land at this time. Mr. Stringer explained it had nothing to do with the applicant but when the city was recalculating to find more money looking at the canal projects, they analyzed which ones gave the least amount of pOllution reduction for the expense involved and this project had the least "bang for the buck". Chmn. Smith closed the hearing and called for a motion. MOTION by Keough/Simmons "Recommendation to the City Council that we approve the revised preliminary plat approval of the Kozlowski subdivision." ROLL CALL: Mr. Faille Mr. Mahoney Mr. Allocco yes yes yes Mr. Paul Chmn. Smith Mr. Celli Mr. Keough yes yes yes yes 4 PLANNING AND ZONING COMMISS~ ~ . . MINUTES OF SPECIAL MEETING 0 FEBRUARY 17, 2005 . OLD BUSINESS: PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL _ PROPOSED ORDINANCE TO AMEND SECTION 54-4-21 OF THE LAND DEVELOPMENT CODE - CREATE A ZONING OVERLAY FOR THE SEBASTIAN BOULEVARD TRIANGLE DESCRIBING BOUNDARIES, DEFINITIONS AND REGULATIONS . Chmn.. Smith opened the public hearing at 7:05 P.M. Mr. Stringer asked if the commissioners had any changes to the list of uses discussed at the last meeting and add~d that the Community Redevelopment Advisory Committee reviewed the suggested . . uses. The one comment they had was on the industrial zone. Originally the CRAC was going to strike out the whole category but the electronics, research and development and similar uses had some appeal to them. The remainder is to extend the design criteria from the CR-512 Overlay to the whole triangle. The other comment CRAC had was to add the language of all uses permitted within the RM-8 zone to the Industrial. zone. There were no comments from the public. Chmn. Smith closed the hearing at 7:15 p.m. Mr. Simmons asked if the light manufacturing was going to be removed entirely and Chmn. Smith said they would keep only the part that read, "electronics, research and development, and similar uses up to 5,000 sq. ft: MOTION by Smith/Seeley to recommend city council approve the Proposed ordinance to . amend Section 54-4-21 of the Land Development Code to create a zoning overlay for the Sebastian Boulevard Triangle describing boundaries,definitionsand regulations as presented with the inclusion of the following: . 1. All uses permitted in the RM-8 Zoning District to be added .to Industrial Zone permitted uses. 2. Industrial Zone Conditional Uses to include electronics, research and development, and similar uses up to 5,000 Sq. Ft., and eliminating all other wording under "Light manufacturing". RoLL CALL: Mr. Allocco Chmn. Smith Mr. Seeley Mr. Faille yes yes yes yes Mr. Mahoney Mr. Simmons Mr. Paul yes yes yes Ttle vote was 7 -D. Motion carried. BUSINESS: PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL PRELIMINARY PLAT - KOZLOWSKI SUBDIVISION - GLADIOLA AVENUE AND LACONIA STREET - RS-1D ZONING -18 ACRES - 34 LOTS AT A DENISTY OF 1.85 UNITER PER ACRE Chmn. Smith opened the hearing at 7:16 p.m. Mr. Joseph Schulke, Schulke, Billie & .Stoddard, Vero Beach, Florida presented the application representing Mr. Wayne Kozlowski. All the lots meet the minimum lot size for the RS-10 Zoning district. The .parcel:identified as Tract A will be used for storm water retention and Mr. Kozlowski is in . '. . negotiations to sell this tract to the City of Sebastian. On another part of the site a storm @ 2 . '. PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF FEBRUARY 17, 2005 -~ water tract is proposed and the applicant will be excavating a lake. They are also proposing a buffer between the wetlands and lake area. The entrance is at the . northeast corner corning off Laconia Street. To the south between lots four and five there is a 20 Ft.wide emergency access. A small recreation tract is proposed next to the cui de sac and residents of the subdivision would be able to use that to access the river. A tree survey was submitted and there are some scattered trees in the wetland area but it is primarily an unmaintairied citrus grove. They will be dedicating forty . 'additional feet for a right-of-way along Laconia Street to widen the existing right-of-way from 40 Ft. to 80 Ft. For safety purposes, they will also widen the road and repave it to bring it to a full 24 Ft. in width along Laconia. The site will have county water and sewer. ~ Mr. Hass added that the storm water utility engineering division of the city is in the process of obtaining some appraisals on that property and will be moving forward with negotiations and ultimately purchase of that tract of land to support. our storm water improvement project. . The following people spoke: Warren Fuller, 1672 Sunport Road, Sebastian, had concerns about the wildlife in the area and water runoff and flooding. He showed photos of his home, which was . . constructed in 2004, and the amount of water from the recent hurricanes. John Krajewski, 1699 Whitmore Street, Sebastian, was impressed with the proposal and . said it would be an asset to the neighborhood. ~ Many of the commissioners complimented this application. The hearing was closed at 8:11~ p.m. MOTION by Allocco/Smith "I make a motion we approve the recommendation to city council of the preliminary plat for the Kozlowski Subdivision." ROLL CALL: Chmn. Smith Mr. Seeley Mr. Simmons Mr. Allocco yes yes yes yes Mr. Mahoney Mr. Faille Mr. Paul yes yes yes The vote was 7-0. Motion carried. CHAIRMAN MATTERS: MEMBER MATTERS: NONE Mr. Mahoney asked about the location of Advance Auto Parts mentioned in a public notice and inquired about another public notice regarding the vacating of public rights-of- ~ way at Madison and Jackson. Mr. Hass said no formal notice has been received. Mr. Faille expressed concern about fencing rules and asked if rules and restrictions regarding fences could be put into the Land Development Code. Mr. Stringer said it ~ woo" ha~ to be bto"gh' to cily oooodl. He ,""''''' "'" F'l.I.I.e 'hto " '" M"""" he & 3 .~; ."".....~ "~_";'_.-r-...;."_':.." HOME OF PELICAN ISLAND 1225 MAIN STREET . SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 . FAX (772) 388-8248 PUBLIC NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA PURSUANT TO SECTION 54-4-19.5(b)(4)d OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, THE CITY COUNCIL HAS SCHEDULED A QUASI-JUDICIAL PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, AT A REGULAR MEETING ON WEDNESDAY, JULY 13TH, 2005, AT 7:00 P.M., TO CONSIDER ADOPTING RESOLUTION R-05-27 APPROVING A PRELIMINARY PLAT FOR TURTLE GROVE SUBDIVISION (AKA KOZLOWSKI DEVELOPMENT) CONSISTING OF 18.4 ACRES, MORE OR LESS, LOCATED WEST OF LACONIA STREET AND SOUTH OF GLADIOLA AVENUE. IRC PARCEL ID NO. IS 31-38-26-00000-1000-0003.1. CURRENT WNING IS RS-10 (RESIDENTIAL SINGLE-FAMILY) AND LAND USE IS LDR (LOW DENSITY RESIDENTIAL). PROPOSED DENSITY IS 2.12 UNITS PER ACRE (39 LOTS). ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND PRESENT TESTIMDNY WITH RESPECT TO THE PROPOSED PRELIMINARY PLAT. ALL RECORDS, PLANS AND LEGAL DESCRIPTION OF THE PROPERTY ARE AVAILABLE FOR REVIEW IN THE GROWTH MANAGEMENT DEP ARTMENT AT CITY HALL, 1225 MAIN STREET, MONDAY THROUGH FRIDAY, 8 A.M. TO 4:30 P.M. ANYONE WHO MAY WISH TO APPEAL ANY DECISION THAT MAY BE MADE AT TIllS HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WIllCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WIllCH THE APPEAL IS BASED. IN COMPUANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR TIllS MEETING SHOULD CONTACT THE ClTY'S ADA COORDINATOR AT (772)-589-5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. PUBUSHED: WEDNESDAY, JUNE 29, 2005 @ Response to City Council Questions from Special Meeting on 15 June 05 Regarding Stormwater Capital Improvement Projects including Canals In a special meeting on Wednesday evening, 15 June 05, City Council asked the Engineering Depariment / Stormwater Division 10 provide further information / clarification regarding the following items. A Cost Estimates 1. For repairing seawalls now in a state of collapse (without dredging). $2.500.000 (Say $250 per foot x 9,000 LF x 1.1) 2. Ten-year maintenance program for Canals under different options: . Sodded Side Siooe ootlon $30,000+ per mile of canal per year (I mile of canal '7 2 miles of side slope mowed every two weeks) $30,000+ per year for 10 years, assuming annual labor inflation rate of 6"h = $395.000 total paid out by the end of 10 years. . RID Rao Rock Slooe ootion $16,000+ per mile of canal per year (I mile of canal '7 2 miles of rocked slope sprayed with aquatic approved herbicide once per month) $16,000+ per year for 10 years, assuming annual material cost inflation rate of 3% = $183.000 total paid out by the end of 10 years. . New Bulkhead I Seawall ootion $20,000+ per mile of canal per year (1 mile of canal '7 4 crew-weeks per year of inspection and misc. maintenance) $20,000+ per year for 10 years, assuming annual labor inflation rate of 6% = $264.000 total paid out by the end of 10 years. 3. Dredging opt/on with replacement of seawall / bulkhead per segment: . . From Sebastian Blvd. (CR-512) to Fleming Street Bridge From Fleming Street Bridge to Barber / Lake Street Bridge From Barber / Lake Street Bridge to Control Structure (Dam) $ 1,600,000 $ 4,500,000 $ 750,000 $ 6.850.000 $ 6.200.000 . . Totai of Above Three (3) Separate Segments Entire Distance Done at One Time . 05.0S'?? D. FiSher@1. 7July05 ~ Pg 10f4 Response to City Council Questions from Special Meeting on 15 June 05 Regarding Stormwater Capital Improvement Projects including Canals B. Summary Reports 1. Regarding timing and sources of water quality testing information. Water quality testing I sampling reports are on hand.. They were done by Environmental Research & Design, Inc. of Orlando, Fl (Finai Report dated 31 December 2002) and by SJRWMD (ongoing program headed Whit Green, SJRWMD Palatka Office). CDM utilized this data in the development of alternatives to estimate pollutant load reduction. 2. Regarding overall expected benefits I consequences to the City comparing dredging the canal vs. not dredging the canal, Including but not necessarily limited to cost, environmental, enforcement. and quality of life considerations. See following Attachment for Item #8-2 Above: Memo from COM _ 7 July 05: Comer Canal Waterway Improvements _ Canal Dre!!ging OveraU Expecte!! Benefits an!! Potential Conseqnences to the City of Sebaslian July 7, 2005 BenelitsJor Dre!!ging Comer Creek Canal Dredging of Collier Creek Canal will provide the following benefits: . Improve water quality by removal of existing pollutants accumulated in the sediments and provides canal access for future control and removal of sediments and pollutants. This water quality improvements will occur by: o Reduction of sediment oxygen demand by removing existing pollutants and consequently allowing the increase in dissolved oxygen and improving water quality lUId clarity. o Increasethe residence time allowingnatural treatment of the. canal water and consequently improving water quality in the canal and dowostream. . Restore the conveyance capacity. . Implement ofa proactive City-chosen schedule of complying with the Total Maximum Daily Load (TMDL) and Pollutant Load Reduction Goals (pLRG) which ntinimizes the expenditure of capital costs. . Road side swales may be eventually modified, which will: o Reduce flooding and ponding in the front yards. a Reduce septic tank seepage into the stormwater. o Reduction of stonnwater volume discharged to the system consistent with TMDL and PLRG. . Provide improved habitat fur wildlife and balanced ecosystem. . Improve and stabilize canal side hanks and develop a maintenance plan and schedule. . Pursue grants made available for dredging of canal sediments related to water quality (e.g. St. Johns River Water Management District (SJRWMD)). Potential Conseqnences for Not Dre!!ging Collier Creek Canal Potential consequences of not dredging of Collier Creek Canal are as follows: . Continued degradation of water quality due to sediment oxygen demand and other pollutant already in the system . U.S. Environmental Protection Agency (BPA)! Florida's Department of Environmental Protection (FDEP) will eventually enforce the TMDL and PLRG. . Reduction of conveyance capacity by the continual accumulation of sediments. . Continued collapse of canal side slopes affecting the integtity of the canal system. . No maintenance access available. . Modification of the swale system would not be permitted by SJRWMD (limited reduction in street flooding). . Ultimately capital cost for seawall replacement would be higher. . Wildlife habitat would not change from current conditions. . Residents would maintain a similar situation as current conditions. @ D. Fisher 7 July 05 Pg20f4 Response to City Council Questions from Special Meeting on 15 June 05 Regarding Stormwater Capital Improvement Projects including Canals Background ht September 2002 lbe City of Sebastian entered in an agreement with the St. Jobn River Water Management District (SJRWMD) to provide funding for lbe development of a Master Stormwater Management Plan (MSWMP). One of the SJRWMD's main concerns was the reduction of nutrient, suspended solid and freshwater loads to the South Prong of the Sebastian River. Reduction of these pollutant loadings is essential to lbe overall health oflbe htdian River Lagoon (lRL). The U.S. Environmental Protection Agency (EPA) has developed a Total Maximum Daily Load (TMDL) for the 1RL. Currently, the TMDL has not been finalized, but the draft load allocation for nutrients as an annual areal loading rate is 6.l1lbslacre for total nitrogen (IN) and 0.63 Ibslacre total phosphorous (TP). The draft pollutant load reduction goal indicates that it may be necessary to reduce the nutrient loading by approximately 36 percent for TP. The removal efficiency of a wet detention pond is approximately 30 percent for TN and 60 percent for TP; therefore, wet detention can increase the treatment consistent with the PLRG. The SJRWMD has also expressed concern over the volume of freshwater discharge and associated color effects on light penetration of the water column. Therefore, volume of stormwater discharge may also be an issue. At this point in tbne, how or when EPA or Florida's DeplU1ment of Environmental Protection (FDEP) will enforce lbe TMDL but it is likely lbat some level of compliance will be required. ht addition to the impending TMDL adoption and enforcement, the Sebastian City Commission stated lbat one of lbeir major concerns with the MSW1\1P were the roadside swales. . In many locations, these swales are excessively deep and often hold water for extendad petiods. It is also likely lbat some septic tank seepage flows into lbe swales. It was indicated that the Connnission wanted to replace/modify the swales and add Miami Curbing to the streets. Regardless of the functionality of the swale system i.e. excessive ponding of water, these swales provide retention of stormwater which reduce bolb pollutant and freshwater load to the primary canals and subsequeutly lbe IRL. SJRWMD stafIhas indicated that it will be necessary to replace the storage/treatment lost by swale modification wilb storage/treatment in another location. In summary, there are two major requirements for storm water treatment in the City, impending TMDL and PLRG enforcement and lbe desire to replace/modifY lbe swales. There are very limited opportunities for regional pond locations which would be able to treat lbe basin runoff, i.e. at the downstream end of lbe primary canal. Pollutant reduction is realized by construction ofvatious types of best management practices (BMPs) such as a wet detention pond. One of the tasks in the MSWMP was to review the most recent aerial to find potential locations for regional stonnwater treatment ponds. The area north of CR 512 was unique in that there were very few contiguous undeveloped parcels. It is noted that soulb ofCR 512 lbe SJRWMD is currently constructing a large wetland/wet detention treatment system ht order to provide treatment to current SJRWMD standards north of CR 512 it would be necessary to construct a pond with a surface area of approximately 40 acres (based on a tributary area of 800 acres). Due to the lack of undeveloped land in the Collier Creek Canal basin, it was thought that a significant reduction in pollutant loading being discharged into the South Prong of the Sebastian River could be accomplished by lbe increase of the water treatment capacity wilbin Collier Creek Canal. It should be noted that this canal currently provides stonnwater storage, conveyance, and treatment, although the treatment is limited since the City staff cannot adequately access the canal for maintenance removal ofbuilt~up' pollutants. Over time, the system will continue to fill with sediments and exhibit reduced water quality without regular maintenance. An improvement in the performance of the canal to remove a greater level of pollutants while facilitating maintenance removal could be accomplished by increasing the volume of the canal and permitting the canal as a wet detention facility. It is noted lbat if lbe proposed volume of material is dredged out of lbe canal, it is likely lbat lbe existing seawalls may he undermined and prone to accelerated failure. Thus it was recommended that the canal sides be stabilized in some mauner prior to the dredging. During field investigation, it was noted that lbe level of sedimentation in the segment of Collier Canal immediately north of CR 512 was excessive. Additionally, the condition of lbe majority of the seawalls between CR 512 and the control structure (dam) was poor. It had been observed lbat the seawall had completely collapsed in several locations. Due to the lack of appropriate Wldeveloped land, the level of sedimentation and the compromised condition of the seawalls lbe Collier Canal segment from CR 512 to the dam was given a high priority for improvement. D. Fisher 7 July 05 Pg30f4 @ @ Response to City Council Questions from Special Meeting on 15 June 05 Regarding Stormwater Capital Improvement Projects including Canals There have-been some concerns voiced regarding negative impacts to various types of wildlife. It is possible that during the actua1 dredging activity that wildlife will be impacted. However, with the completion of the project, the canal will provide a better habitat for many types of organisms. During the alternatives analysis, - several types of side slope treatment were considered. There were three options considered: I) Replacement with deeper seawalls, 2) Side slopes with rip rap armoring, and 3) Sodded side slopes. In each case, the depth of dredging was modified so that treatment to current SJRWMD standards was achieved in the canal. The major difference between these three options was the cost, with seawalls being the most expensive option. Without an increase in treatment volume to offset the volume lost when modifying the swale system, the SJRWMD would not permit the modification to the swale system. Asthere would be no modifications to the volume of the canal, the current wildlife condition would remain statk The seawalls (bulkheads) are in varying degrees of deterioration, which will continue to fail over time. It is possible that repair of seawalls could proceed in a piece wise fashion. The City could defme a construction specification that would need to be adhered to in order to maintain unifomtity of the seawall. This would allow the repair of the seawall to be more incremental and thus spread the cost out over a significantly longer time. While the cost could be extended over a longer period, it is likely that the overall cost to repair all the seawalls could be significantly greater using this method - due to several facts, including, but not limited to, the cost to mobilize the equipment needed to install the seawalls. D. Fisher 7 July 05 Pg 4 of4 City of Sebastian, Florida OFFlCE OF THE CITY ATTORNEY .1- \ AGENDA TRANSMITTAL Agenda No. D5. 1.32- Subject: Hurricane measures by contractors; Date Submitted: 717/05 Ordinance 0-05-15 SUMMARY: For Agenda of: 7/13/05 Hurricane season is upon us and it was requested by Council that an ordinance be brought forth to require contractors to secure construction sites upon issuance of a Hurricane Warning for the City. RECOMMENDED ACTION: At Council's discretion: Move to pass Ordinance 0-05-15 on frrst reading and schedule public hearing for meeting ofJuly 27, 2005. REVIEWED BY CITY CLERK:~ j, AUmORlZED PLACEMENT ON AGENDA BY CITY MANAGER~ @ ORDINANCE NO. 0-05-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 26 TO REQUIRE THAT CONSTRUCTION SITES BE SECURED UPON ISSUANCE OF A HURRICANE WATCH OR WARNING; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, windborne debris is a major source of damage during a hurricane; and WHEREAS, construction sites by their very nature contain loose materials and partially- built structures that could threaten the safety of adjoining properties; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as foUows: Section 1. AMENDMENT. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section 26-8, which said section shall read as follows: Sec. 26-8. Securing site during hurricane watch. : Within 24 hours of issuance of an official hurricane watch or warning : within the city limits, all contractors are required to secure construction sites : under their control by: a. removing all loose materials susceptible to becoming airborne during a storm; b. taking reasonable measures to secure any structures or partially completed structures against wind intrusion; and c. restoring normal drainage flow through any swales on the site, or adjacent swales impacted by construction. The City Manager is authorized to promulgate, subject to council override by resolution, reasonable regulations having the legal effect of law to establish reasonable standards hereunder for securing a construction site. Violations hereof shall subject the contractor to penalties ranging from a fine of up to $1000 per site, suspension of a contractor license for up to six (6) months, or both. Actions for enforcement hereof shall be heard by the City Construction Board. Prior warning is not a condition precedent to the bringing of an enforcement action hereunder, and lack of actual notice of the existence of a hurricane watch or ~arning shall not be considered a defense in an action for enforcement. 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 McCollum Vice-Mayor Brian Burkeen Council member Lisanne Monier Council member Andrea Coy Councilmember Sal Neglia The Mayor thereupon declared this Ordinance duly passed and adopted this 27th day of July, 2005. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Nathan B. McCollum Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney @