HomeMy WebLinkAbout01112006
01Y OF
.. " "
-!'"
. ----~.u,.,.. '!::'~_", ~~~~~~!").
------ ~....-~:~ ~. :~::-
HOME OF PEUCAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, JANUARY 11,2006 -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
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-05-26)
6.
06.001
05.090
05.080
06.002
06.003
7.
05.235
05.236
PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS
A. Recognition of 2005 Employee of the Year - Dom Bosworth
B. Certificate of Appreciation to BiIIlngui for Parks & Recreation Advisory
Committee Service
C. Certificate of Appreciation to Community Redevelopment Advisory Committee
Members
D. Step Up Florida 2006 - Inez Fielding, VNA
E. Brief Demonstration of Weblink Software by Clerk/MIS Staff
ITEMS CARRIED FORWARD FROM 12/14/05 REGULAR MEETING
A. Riverfront Overlay District Parking Regulations (No Backup - Requested by Ms.
Coy)
B. Dogs in Parks (City Attomey Transmittal, Code Provisions
5-16
06.004
17-18
06.005
19
05.019
21-22
05.127
06.006
23-32
9.
06.007
05.213
33-36
05.163
06.008
06.009
8. CONSENT AGENDA
All items on the consent agenda am considered routine and will be enacted by one motion. Them 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 12/14/06
B. Approval for Council Members to attend Advanced IEMO (City Clerk
Transmittal, IEMO Information)
C. Approval for City Manager Travel to Florida City and County Management
Foundation 2006 Winter Institute (City Manager Transmittal)
D. Removal of Michael Mugas from Temporary Environmental Committee for
Three Consecutive Absences in Accordance with Code (City Clerk Transmittal,
Code Section)
E. Termination of E & D Contracting Services, Inc. Contract to Rehabilitate Old
School House (no backup)
F. Accept Quit Claim Deeds for Twin Ditches Project (City Attorney Transmittal,
Deeds)
COMMITTEE REPORTS/RECOMMENDATIONS
A. Temoorarv Environmental Advisory Committee
i. Vice-Chair Krueger- Request to Council Regarding Citizen Spraying of City
Properties (no backup)
B. Police Pension Board of Trustees
i.
Appoint Rappy Perez as Fifth Member to Police Pension Board in
Accordance with F.S. wlTerm to Expire 10/07 (Clerk Transmittal, FS)
10. PUBLIC HEARING (None)
11. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occuned or was discovered within the pmvious six months which is not othelWise on the
agenda
A.
AI Paternoster
i. SPOA Request for Council Chambers for Candidate Forum at End of
February
ii. Stormwater Issues
iii. Contractor Issues
12. OLD BUSINESS
2
13. NEW BUSINESS
14. CITY ATTORNEY MATTERS
15. CITY MANAGER MATTERS
16. CITY CLERK MATTERS
17. CITY COUNCIL MATTERS
A. Ms. Coy
B. Ms. Monier
C. Mr. Neglia
D. Mayor McCollum
E. Mr. Burkeen
18. ADJOURN (All meetings shall adjoum at 10:30 pm unless 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 Corn east Channel 25
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT 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 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Upcoming Meetings:
January 25, 2006 - 7:00 p.m. - Regular Council Meeting
February 8, 2006 - 7:00 p.m. - Regular Council Meeting
February 22, 2006 - 7:00 p.m. - Regular Council Meeting
March 8, 2006 - 7:00 p.m. - Regular Council Meeting
March 20, 2006 - 6:00 p.m. Special Election Meeting
March 22, 2006 - 7:00 p.m. - Regular Council Meeting
April 12, 2006 - 7:00 p.m. - Regular Council Meeting
April 26, 2006 - 7:00 p.m. - Regular Council Meeting
3
orrlCI or Till CITY .nORnEY
Sela4twe, ?tM<<ta
To: Mayor and Council 1'0
From: Rich Stringer, City Attorney (...,
Date: December 8, 2005
Re: Dogs in Parks
Questions have arisen as to the presence of dogs in the parks. Here is how we dealt with
this issue when the Recreational Facility portion of the Code was last overhauled:
Generally, management of public land is within the realm of the City Manager under the
Council/Manager form of city government, subject to policy guidelines from the Council.
In this spirit, our code provides in Section 74-3 that the Manager may establish
regulations governing the use of recreational facilities (which includes parks, the
riverwalk, piers, the yacht club and community center, etc., but not the Golf Course).
Once he establishes these regulations, they must be posted in order to be enforced. If
Council doesn't like one of these regulations, they may overturn it by resolution).
Section 74-4 sets the limits on things that, as a matter of policy, the manager cannot
allow. His regulations cannot directly conflict with these prohibitions. These are very
broad prohibitions that apply to ALL recreational facilities. Subsection (8) says that there
can be no dogs, except for service animals, allowed in a recreational facility unless it is
on a six-foot leash, and there shall be no dogs (again, other than service animals) allowed
in an enclosed public use facility at all.
This does not necessarily mean that you have a right to have dogs in the park so long as
they are on a leash. Remember, Section 74-4 is not permissive in nature so it does not
address what is allowed, it addresses what is never allowed. It was intended at the time
the code was written that the manager would by regulation establish which parks would
not allow dogs, and in fact some parks were posted with signs that said "No dogs allowed
per order of the City Manager". I believe that at one time I saw a written directive to this
effect, but it must be buried somewhere in the previous manager's files. While the
manager can go further than the prohibition of Section 74-4 without being in conflict with
it, he could not by regulation establish a "dog park" which allowed unfettered play,
because this DOES directly conflict with the restrictions of the Code.
Bottomline, the City Manager can restrict the presence of dogs in some or all parks
without modifying the code by issuing a written directive and posting the parks. If,
however, Council ever wants to develop a "dog park" then the Code must be modified.
Cc: City Clerk
City Manager
CD
PARKS AND RECREATION
~ 74-2
ARTICLE I. IN GENERAL*
Sec. 74-1. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Enclosed public-use facilities means those city properties such as the yacht club and
community center, which by their very nature, are generally best utilized by designated groups
for meetings, events and private parties.
Open-Air public use facilities means those city properties such as the ball fields of the
Barber Street Sports Complex, the skatepark facility, that by their very nature, are generally
best utilized by either the general public or designated groups for sporting events, and may be
leased on a long-term basis to specific organizations.
Park areas means any and all outdoor and covered grounds and facilities owned, operated
or designed by the city for the purposes of recreational or leisure activities, except those
facilities designated as Waterway facilities or Public-Use facilities.
Park Event means utilization of a recreation facility, other than an enclosed public-use
facility, or any portion thereof for any planned or organized event, other than a city-sponsored
event, at which the city manager reasonably believes between 50 and 300 persons will attend.
Recreation facilities means any and all real property owned or maintained by the city for the
purposes of active or passive recreation, community and civic gatherings, open space and such
other traditionally related activities. However, these provisions shall specifically not apply to
the Sebastian Municipal Golf Course.
Special event means utilization of a recreation facility, other than an enclosed public-use
facility, or any portion thereof for any planned or organized event, other than a city-sponsored
event, at which the city manager reasonably believes more than 300 persons will attend.
Waterway facilities means any structure constructed on or over the waterways of the city
such as a public dock, boat ramp, seawall or boardwalk, as well any pedestrian walkway
constructed or maintained by the city running over or along its waterways.
(Ord. No. 0-00-20, ~ 1, 9-13-00; Ord. No. 0-02-15, ~ 1, 11-13-02)
(j)
Sec. 74-2. Designation by resolution.
The city council shall, by resolution, designate the classification, and the fees, where
applicable, for use of each recreation facility in the city. .
(Ord. No. 0-00-20, ~ 2, 9-13-00; Ord. No. 0-02-15, ~ 2, 11-13-02)
*Editor's note-Ord. No. 0-00-20, ~~ 1-10, adopted Sept. 13, 2000, amended Art. I,
~~ 74-1-74-10, to read as herein set out. Formerly, Art. I, ~~ 74-1-74-5, pertained to hours of
operation, prohibited animals and alcoholic beverages, and restricted use of vehicles in parks
and prohibited swimming in Swim Lake. Such sections were derived from the 1980 Code,
~~ 18-1-18-4, 26-7; and Ord. No. 0-92-11, ~ 1, adopted July 8, 1992.
Supp. No. 32
CD74:3
~74-3
SEBASTIAN. CODE
Sec. 74-3. Regulations; promulgation and approval by resolution.
(a) The city manager is hereby empowered and authorized to adopt, promulgate and
enforce reasonable rules and regulations which shall apply to city recreational facilities.
(b) All rules and regulations promulgated and adopted pursuant to this article shall, in
order to be effective, be posted in a conspicuous place in the area where they are intended to
be effective. The existence of such signs at any place within the city shall be prima facie
evidence such signs were erected or placed with the authority of the city manager.
(c) Any person violating any such rule or regulation promulgated and posted pursuant to
this article shall be subject to a fine of up to $500.00.
(d) The city council may by resolution, remove or modify any regulation promulgated
pursuant to this section.
(Ord. No. 0-00-20, ~ 3, 9-13-00; Or~. No. 0-02-15, ~ 3, 11-13-02)
Sec. 74-4. General regulations for recreational facilities.
(a) Prohibited conduct; unlawful acts. No person shall:
(1) Use profane, obscene or threatening language or conduct within the area which
unreasonably interferes with the enjoyment of the recreational facility by others.
(2) Smoke in buildings or other areas except where designated by signs posted by the city
manager or his designee.
(3) Knowingly interfere with, encumber, obstruct or render dangerous any part of a
facility.
(4) Enter or leave any park facility by motor vehicle except at established entrance ways
or exits, or at established times.
(5) Use an electronic public address system or other mechanical sound amplification
devices, including radios and electronic sound reproduction equipment of any kind at
such a high volume level as to unreasonably interfere with the use and enjoyment by
others of the facility.
(6) Build or set fires except on cooking grills or self-contained cooking units in specified
areas or upon written approval of the city manager.
(7) Possess, consume or serve any alcoholic or intoxicating beverages in any area therein
unless authorized by city council through a permit for a function held at said facility.
(8) Cause or permit a dog or other domestic animal, other than a service animal within the
scope of Fla. Stat. 413.08, to enter the area unless such pet is maintained on a leash
of six feet or less. No dogs or other domestic animals shall be brought into any enclosed
public-~e facility except in accordance with the aforementioned statute.
(9) Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt,
rubbish, waste, garbage, refuse or other trash anywhere on the grounds of the parks
other than in proper receptacles provided therefor, and no such refuse or trash shall be
Supp. No. 32
CD74:4
(]
PARKS AND RECREATION
~ 74-5
placed in any waters in or contiguous to, the parks or beach areas. Where receptacles
are not so provided, all such rubbish or waste shall be carried away from the park by
the person responsible for its presence and properly disposed of elsewhere.
(10) Drive or park any unauthorized motor vehicle on any area within any park or
recreational area except designated park roads or parking areas; park any motor
vehicle that is not authorized by the city manager in any area other than an
established or designated parking area; or park any motor vehicle that is not
authorized by the city manager within any recreational facility during the established
hours that said area is closed to the public.
(11) Ride a bicycle on other than a designated vehicular road or path designated for that
purpose; leave a bicycle in any place other than a bicycle rack when such is provided,
or leave a bicycle lying on the ground or paving or any place or position so as to present
any obstruction to pedestrian or vehicular traffic.
(12) Post public notices except in designated areas and in accordance with time and place
restrictions established by the city manager.
(13) Operate a concession; sell, peddle, or solicit sell in any park without written prior
approval of the city manager or his designee.
(14) Bed down or sleep in parks or recreational areas including any parking area except
upon written approval of the city manager; nor shall camper trucks, buses or trailers
be permitted to remain in such parking area between the hours of 12:00 midnight and
6:00 a.m. except boat trailers may remain in areas designated fo~ the parking thereof
during the time be~een launch imd return of the watercraft it has transported.
(b) Signage. The city manager is hereby empowered and authorized to regulate the use of
recreational facilities within the context of this article by erecting or placing of signs
regulating such use and hours of use.
(c) VIOlations and penalties. Violations of this section are punishable by a fine not exceeding
$500.00 or imprisonment not exceeding 60 days, or both.
(d) Parental liability. Parents shall be held liable for conduct of their minor children.
(Ord. No. 0-00-20, ~ 4, 9-13-00; Ord. No. 0-02-15, ~ 4, 11-13-02; Ord. No. 0-04-06, ~ 1,5-12-04)
o
Sec. 74-5. Additional regulations affecting waterway facilities.
(a) Prohibited conduct; unlawful acts. In addition to the restrictions set-forth elsewhere in
this chapter, no person shall within or upon waterway facilities:
(1) Dive or jump into the water from such facility.
(2) Use railings or benches on piers or riverwalks for cleaning or cutting bait or fish.
(3) Push, propel or ride bicycles, scooters, skates or skateboards on piers or docks.
(4) Fish with more than two lines or poles at one time on piers or riverwalks.
Supp. No. 32
CD74:5
DRAFT
01Y OF
.....-.. . ,
...... iIIl "'~.-.;;:
~ - - --
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, DECEMBER 14, 2005 -7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor McCollum called the Regular Meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was led by Vice Mayor Burkeen.
3. The invocation was led by Father John Morrissey, St. Sebastian Catholic Church.
4. ROLL CALL
City Council Present:
Mayor Nathan McCollum
Vice-Mayor Brian Burkeen
Council Member Andrea Coy
Council Member Lisanne Monier
Santa Claus (left the meeting at 7:13 p.m.)
City Council Absent:
Council Member Sal Neglia (excused - arrived at 7:20 p.m.)
Staff Present:
City Manager, AI Minner
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Airport Director, Jason Milewski
Police Chief, Jim Davis
Acting Growth Management Director, Jan King
Zoning Technician, Dorri Bosworth
Parks Supervisor, Chris McCarthy
MIS Systems Analyst, Barbara Brooke
@
05.166
05.076
05.070
(])
DRAFT
Regular City Council Meeting
December 14, 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-05-26)
Mayor McCollum requested addition of item E under PresentatiC?n for the Mayflower
Society and a Champion Tree designation for Council approval under item 9.C.iv.,
which, if approved, would be presented in the form of a proclamation on January 7th at
the Champion Tree Clinic.
On MOTION by Santa Claus and SECOND by Ms. Monier, the items were added as
requested on a voice vote of 5-0.
6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS
A. Certificate of Appreciation to Thom Gillette. Chainsaw Carving Orioinals - Gift to
President George W. Bush from City of Sebastian for Assistance Following 2004
Hurricanes
Mayor McCollum presented Mr. Gillette with a certificate of appreciation for his
donation of the carved pelican for President Bush and advised him he would be
receiving recognition from the White House.
B.
Certificates of Aopreciation for Holidav Parade to:
GFWC Sebastian River Juniors and Woman's Club - Teddy Hulse, Ann
Richter, and ?? Messersmith
Sebastian River Area Chamber of Commerce Staff - Not Able to be Present
Sebastian Property Owners Association - AI Paternoster
Mayor McCollum presented representatives of the organizations with certificates
of appreciation for their participation in re-establishing the holiday parade on
Indian River Drive.
C.
Certificate of Appreciation to Henrv Madsen for Tree and Landscape Advisorv
Committee Service
Mr. Madsen could not be present to receive his certificate of appreciation.
D.
Certificate of Aooreciation to Hank Buchanan for Code Enforcement Board
Service
Mr. Buchanan could not be present to receive his certificate of appreciation.
E. Mayflower Society Presentation to Mavor McCollum
Dan Dragonetti presented Mayor McCollum with a certificate of appreciation on
behalf of the Mayflower Society for his efforts for the citizens of Sebastian.
2
DRAFT
Regular City Council Meeting
December 14, 2005
Page Three
Mayor McCollum called recess at 7:13 p.m. and reconvened the meeting at 7:20 p.m. At
this time Santa Claus was excused from the meeting and Mr. Neglia arrived. Mayor
McCollum requested another roll call.
City Council Present:
Mayor Nathan McCollum
Vice-Mayor Brian Burkeen
Council Member Andrea Coy
Council Member Lisanne Monier
Council Member Sal Neglia
7. ELECTION MATTERS
05.163
1
A.
B.
3-8
Proclamation Calling March 14. 2006 General Election
Mayor McCollum read the proclamation calling the election.
Resolution No. R-05-45 - Desianating Pollina Places. Offices. and Questions.
Authorizing Publication. Delegatina Authority for Administration (City Clerk
Transmittal 12/14/05. R-05-45)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
DESIGNATING THE OFFICIAL POLLING PLACES, OFFICES TO BE FILLED AND QUESTIONS
TO BE DECIDED DURING, AS WELL AS AUTHORIZING PUBLICATION OF NOTICE AND
DELEGATION OF ADMINISTRATION FOR, THE GENERAL ELECTION TO BE HELD ON
MARCH 14. 2006; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
On MOTION by Ms. Monier and SECOND by Mr. Burkeen, Resolution No.
R-05-45 was adopted on a roll call vote of 5-0.
8. 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.
9-22
05.227
23-34
05.228
35-38
A.
Approval of Minutes - Regular Meeting 11/16/05
B.
Purchase Four 2006 Ford Crown Victoria Patrol Vehicles from Duvall Ford
Under Florida Sheriffs State Contract #04-12-0823 in the Amount of $96,768
(PD Transmittal 12/2/05, Quote, Spec Sheet)
C.
Accept Donation from Mrs. Arden Greer in the Amount of $17,665 to Purchase
2006 Harley-Davidson Road King Police Motorcycle from Ft. Lauderdale
Harley-Davidson Utilizing Florida Sheriffs State Contract #04-12-0823 (PD
Transmittal, Quote, Spec Sheet)
G)
3
05.229
39-48
05.230
49-58
05.231
59-60
9.
05.154
61-70
@J
DRAFT
Regular City Council Meeting
December 14, 2005
Page Four
D.
Purchase Montrose Restroom from CXT Precast Products of Spokane, WA for
Riverview Park Based on GSA Contract in the Amount of $88,551.32 (Public
Works Transmittal 12/6/05, Quote, Chart)
E.
Award Bid to Ardaman and Associates for Limited Contaminant Assessment
Report (LCAR) for the Public Works Compound Underground Storage Tank-
In an Amount Not to Exceed $16,718.50 from General Fund Contingency (PW
Transmittal, DEP Letters, RFP Submittals)
F.
Authorize Payment - Waste Management Invoice for Hurricane Solid Waste
Pickup for Non-Subscribing Customers - $ 5,574.93 (FEMA Reimbursement)
(City Manager Transmittal, WM Invoice)
Ms. Monier removed item D.
On MOTION by Ms. Coy and SECOND by Mr. Neglia, items A, B, C, E and F were
approved on a roll call vote of 5-0.
Item D
Ms. Monier expressed concern for the appearance of the building and requested lots
of landscaping.
Mr. Neglia expressed concern for appearance and questioned why a local vendor was
not sought or why the building could not be built on site.
The City Manager and Parks Supervisor responded to concerns regarding the bidding
process, noting this is a piggyback purchase, that the building should withstand
hurricanes, and that it will be placed on gravel.
The City Manager was directed to bring the item back for landscaping input before it is
installed.
On MOTION by Ms. Monier, and SECOND by Mr. Neglia the item was approved with
the addition of an extreme amount of landscaping and perhaps a cupola or some other
architectural appurtenance on a roll call vote of 5-0.
COMMITTEE REPORTS/RECOMMENDATIONS
A.
Code Enforcement Board
i. Receive Orders in Accordance w/Code - No Action Required (City Clerk
Transmittal 11/29/05. Orders)
Orders were received in accordance with the Code of Ordinances.
4
DRAFT
Regular City Council Meeting
December 14, 2005
Page Five
05.019
71-80
B.
Temoorary Environmental Advisory Committee
(City Clerk Transmittal 11/21/05, Two Applications, Member List, Ad)
i. Interview. Unless Waived. and Appoint Reoular Member Position With Term
to Expire 4/1/2007 by Submitting Nominations
City Council interviewed James Stattery. Kristi Yanchis was not present.
Mr. Neglia nominated Ms. Yanchis
Mayor McCollum nominated Mr. Slattery
Mayor McCollum - Mr. Slattery
Mr. Burkeen - Ms. Yanchis
Ms. Coy - Ms. Yanchis
Ms. Monier - Ms. Yanchis
Mr. Neglia - Ms. Yanchis
Ms. Yanchis was appointed as the regular member.
05.076
81-98
C.
Tree & Landscape Advisorv Committee
(City Clerk Transmittal 11/21/05, Code Excerpt, Two Applications, Member List, Ad)
ii. Interview. Unless Waived. and Appoint Reoular Member Position With Term
to Expire 11/2008 by Submittino Nominations
City Council interviewed Therese Miller. Matthew Sims was not present.
Ms. Coy nominated Ms. Miller and being the only nominee, Ms. Miller was appointed.
ii. Fill Alternate Position With Term to Exoire 11/2008 if Appropriate bv Submittino
Nominations
Ms. Coy nominated Mr. Sims and being the only applicant, Mr. Sims was appointed
alternate to replace Therese Miller.
05.181
99
iii.
Reschedulino of Champion Tree Clinic Announcement to January 7.2006
(Memo)
It was noted that the Champion Tree Clinic had been rescheduled to January 7,
2006. Mayor McCollum asked Ms. Coy to present the proclamations. City Council
did not object.
iv. Chamoion Tree Desionation - Preparation of Proclamation for January 7th
This item was added during agenda modifications.
@
5
DRAFT
Regular City Council Meeting
December 14, 2005
Page Six
On MOTION by Mr. Neglia and SECOND by Ms. Coy, City Council designated a
Champion tree for Helga and Allen Schofield and authorized issuance of a Champion
Tree proclamation for January 7, 2006 at the Champion tree clinic on a voice vote of
5-0.
D. Parks and Recreation Advisorv Committee
05.091
101
i.
George A. Cain House/New Ootions/Recommendations (Memo 12/5/05)
The City Manager stated there has been funding allocated in the CRA budget for
the house, and with the arrival of the new Growth Management Director grant
funding for the house will be pursued.
Kevin Miller, Parks and Recreation member presented recommended
alternatives for the Cain House as set out in the committee's report in the agenda
packet.
In response to Ms. Coy, Mr. Miller said there was no response to inquiries to "This
Old House" and other organizations because those organizations need to know the
purpose and final site will be before they commit.
Ms. Monier cited the history of the location of the Cain house, stating she had
always objected to location in Riverview Park, and agreed that the property could
go into Jordan Park or north of the Chamber building.
Mayor McCollum said he objected to the house going in Jordan Park, and that
grants can be sought in any location.
Mr. Miller said it was the committee's intent to maybe stir things up and get it going
again.
Mr. Burkeen said Council should allow the City Manager time to seek grants.
Side 1/, Tape I, 8:02 pm
In response to Ms. Coy, the City Manager said it had been previously decided to
give this a year to seek funding and that a new Growth Management Director is
coming on board and seeking grants will be her priority.
Ms. Coy said she would have great difficulty justifying moving the building and
trusts that the City Manager will make this a top priority.
Mr. Neglia said perhaps the building could be renovated into an old fish house
museum. The City Manager said there is $75,000 allocated in the budget as a
grant match but would have to come back to the CRA for approval.
o
The City Manager recommended that no decisions be made tonight before the
new Growth Management Director has an opportunity to seek grants. City
Council agreed.
6
DRAFT
Regular City Council Meeting
December 14, 2005
Page Seven
10. PUBLIC HEARING
Second ReadinQ of Ordinance No. 0-05-23 Community Redevelocment Advisory
Committee
05.215
103-108
A.
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER
78, ARTICLE III, PLANNING: REDEVELOPMENT TO ABOLISH THE COMMUNITY
REDEVELOPMENT ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR
EFFECTIVE DATE. (PJ ad, 1st reading 11/16/05)
Mayor McCollum opened the public hearing at 8:04 p.m. and the City Attorney
read Ordinance No. 0-05-23 by title. Being no input, Mayor McCollum closed the
hearing.
On MOTION by Ms. Coy and SECOND by Mr. Burkeen, Ordinance No. 0-05-23
was adopted on a roll call vote of 5-0.
05.204
109-118
B.
Ordinance No. 0-05-20 - Annexation - 3.3 Acre Site - NW of CR 512 and CR
510 Intersection - S & S Enterorises. .Inc./FLP #2. LLC (GMD Transmittal
11/8/05, 0-05-20, letter, map, FS171.044)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY
ANNEXATION FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, NORTH OF COUNTY
ROAD 512 AND SOUTH OF THE TRANS-FLORIDA-CENTRAL RAILROAD BEING A PART OF
SECTION 22, TOWNSHIP 31 SOUTH, RANGE 38 EAST; PROVIDING FOR INTERIM LAND USE
AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN
EFFECTIVE DATE. (PJ Ad 11/2/05)
Mayor McCollum opened the public hearing at 8:06 p.m. and the City Attorney
read Ordinance No. 0-05-20 by title, noting he had handed out a copy of a
revised ordinance based on information received today, including a letter dated
today from Tom Vani, S & S Enterprises, Inc (see ordinance and letter attached).
Mayor McCollum said that Indian River County is in full agreement with the letter.
The Zoning Technician presented the application for annexation and
recommended approval.
Bruce Moia, MBV Engineering, Inc. presented the request.
On MOTION by Mr. Neglia and SECOND by Mr. Burkeen, Ordinance No.
0-05-20 was adopted as amended by the City Attorney on a roll call vote of 5-0.
o
7
DRAFT
Regular City Council Meeting
December 14, 2005
Page Eight
05.204
119-136
C.
Ordinance No. 0-05-21 - Small Scale Comorehensive Land Use Plan
Amendment - 3.3 Acre Site - NW of CR 512 and CR 510 Intersection - S & S
Enterprises. Inc./FLP #2. LLC (GMD Transmittal 11/8/05, 0-05-21, map, report,
recommendation, application)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO
THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO
DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF GENERAL COMMERCIAL FOR
ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS COMMERCIAL
INDUSTRIAL (C/I) FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, SITUATED AT
THE NORTHWEST QUADRANT OF THE INTERSECTION OF COUNTY ROADS 510 & 512;
AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (PJ Ad 11/2105)
Mayor McCollum opened the public hearing at 8: 1 0 p.m. and the City Attorney
read Ordinance No. 0-05-21 by title, noting that since the previous ordinance
was amended, this ordinance should be amended (see amended ordinance
attached)
The Zoning Technician presented the CLUP amendment and recommended
approval.
Mr. Moia presented the request for approval.
Ms. Monier said the City's land use category would protect the land due to the
City's required design standards.
On MOTION by Ms. Monier nd SECOND by Mr. Neglia, Ordinance No. 0-05-21
was adopted as amended by the City Attorney on a roll call vote of 5-0.
05.204
137-154
D.
Ordinance No. 0-05-22 (QUASI-JUDICIAL) - Rezoning - 3.3 Acre Site - NW of
CR 512 and CR 510 Intersection- S & S Enterprises. Inc./FLP #2. LLC (GMD
Transmittal 11/8/05, 0-05-22, map, report, recommendation, application)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING
CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR
COUNTY ZONING DESIGNATION AS LIMITED COMMERCIAL (CL) FOR LAND CONSISTING
OF 3.3 ACRES, MORE OR LESS, SITUATED AT THE NORTHWEST QUADRANT OF THE
INTERSECTION OF COUNTY ROADS 510 & 512; PROVIDING FOR REPEAL OR ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 11/2/05)
Due to the fact that this issue is quasi-judicial, Mayor McCollum disclosed
previous discussions with MBV Engineering. The City Attorney read Ordinance
No. 0-05-22 by title and noted change to section seven (see amended ordinance
attached).
@
8
,- '-"''>'''''i.{'...,~,;<,~""",;''.<'"'m<'~~"'
DRAFT
Regular City Council Meeting
December 14, 2005
Page Nine
The City Clerk swore in all those who intend to offer testimony.
Mr. Moia presented the request for the applicant.
The Zoning Technician presented for staff and recommended approval.
On MOTION by Ms. Monier and SECOND by Mr. Burkeen, Ordinance No.
0-05-22 was adopted as amended by the City Attorney on a roll call vote of 5-0.
Mayor McCollum called recess at 8:20 p.m. and reconvened the meeting at 8:28
p.m. All members were present.
05.232
155-158
E.
Damian Gilliams Aooeal to Planning and Zoning Denial of Paradise Resort and
Marina Site Plan (City Attorney Transmittal. PJ Ad 11/29/05. Aooeal Reauest.
Also Backuo from 10/20/05 P & Z Meeting Including Site Plan and Staff Chrono
of Events Under Separate Cover)
The City Attorney advised Council on legal procedures for the appeal and
advised that there were submitted timelines in the agenda backup that were not a
part of the original record that went before Planning and Zoning on October 20,
2005, and they are not pertinent to this action. He advised that it would be much
cleaner from a legal standpoint to simply start over.
Bruce Moia, MBV Engineering, Inc. presented the arguments for the appeal on
behalf of applicant Damian Gilliams, citing alleged deficiencies with procedures
for site plan approvals as the reason the site plan was denied by Planning and
Zoning, and stated the plan could have been approved with conditions and
variances.
Side I, Tape II, 9:05 pm
The Growth Management Manager presented staff analysis, citing 49 areas of
deficiency in the submitted site plan.
It was noted that a prior approval for the west side of Indian River Drive was
negated by the denial of the east side by P & Z because the west side approval
was contingent upon east side approval.
After a lengthy City Council discussion and input from the applicant, his
representative and staff, the following motion was made.
On MOTION by Ms. Monier and SECOND by Mayor McCollum, City Council
upheld the denial of the site plan and allowed the applicant to submit a new
application with waiver of fees on a roll call vote of 5-0.
@
9
DRAFT
Regular City Council Meeting
December 14, 2005
Page Ten
At the request of the City Clerk for authorization to prepare a verbatim of this
portion if necessary, and input from the Attorney that this would not obligate the
City in any way if this was done, the following motion was made.
On MOTION by Ms. Coy and SECOND by Ms. Monier, City Council authorized
the preparation of a verbatim transcript of item 10E of this meeting on a voice
vote of 5-0.
11. 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
05.233
159-166
A.
Request from Melann Kahle RE: Support for Miss Sebastian Sweetheart
Paoeant (Letter)
Side II, Tape II, 10:11 pm
Melann Kahle addressed City Council, introduced Noretta James, and requested
support for a Sebastian pageant, responding to questions from Council regarding
contestants from outside of Sebastian, being a for-profit agency, collection of
fees, and award of prizes. She said she would modify the plans for the pageant
and waive the fees if necessary.
It was the consensus of Council that it would welcome pageant participants to the
City but does not want to have anything printed that the City of Sebastian
officially endorses the pageant.
Ruth Sullivan asked that Council amend lDC code provisions to prohibit three
story buildings on the east side of Indian River Drive. The City Attorney
confirmed that there is a measurement from the high water mark in flood surge
zones in the lDC, and it was the consensus of Council to direct the City Attorney
to amend this provision and bring Council some options.
The City Attorney asked if staff could invoke pending legislation changes at this
time for submitted applications while he is drafting the amending ordinance.
On MOTION by Mayor McCollum and SECOND by Ms. Coy the item was added
to the agenda for action by Council on a voice vote of 5-0.
On MOTION by Mr. Neglia and SECOND by Mr. Burkeen at 10:30 p.m. the
meeting was extended on a voice vote of 5-0.
On MOTION by Mayor McCollum and SECOND by Mr. Burkeen, City Council
invoked the change of law rule concerning the measurement of heights in the
Riverfront District until he has brought back the amending ordinance for adoption
on a voice vote of 5-0.
o
The City Attorney said this could potentially apply along the St. Sebastian River.
10
DRAFT
Regular City Council Meeting
December 14, 2005
Page Eleven
Walter Barnes, Sebastian, thanked the City Manager for work done adjacent to
his property on Azine Terrace; and encouraged Council to seek grants on the
Cain house and barring that give it to the fire department for practice.
Damian Gilliams recommended dismantling the house and sell off in pieces to
recoup the City's cost.
12. OLD BUSINESS
05.139
167-170
A.
05.216
171-174
05.234
Aoorove Work Authorization #2 to the LPA Grouo. Inc. Contract dated 6/15/04 in
the Amount of $49.656 to Develoo an Airoort Business Plan (Airoort Director
Transmittal. LPA Prooosal. Work Authorization #2. LPA Prooosal Available in
Clerk's Office)
The City Manager corrected it to read "work authorization #3", stated that
workshops will be scheduled, the plan should be ready by April and
recommended approval.
On MOTION by Mr. Burkeen and SECOND by Ms. Coy, work authorization #3 for
LPA Group, Inc. was approved on a roll call vote of 5-0.
B.
Paul McCall PDMNet (Aareement as Revised by Council)
Paul McCall addressed City Council on a recently approved and revised tower
lease agreement, requesting a reduced monthly rate and back payment due to
damage done to his wires and equipment. It was noted that his equipment was
installed without benefit of an agreement. He was given a copy of the revised
lease and asked to review it and sign off, unless he had further concerns in which
case he could come back to Council.
C.
Formal Vote on Whether to Join Indian River County League of Cities (No
Backup)
On MOTION by Ms. Coy and SECOND by Mr. Burkeen, City Council decided not
to join the Indian River County League of Cities.
Mayor McCollum stated that the rest of the agenda items would be carried to
January 11, 2006.
13. NEW BUSINESS
05.235
05.236
175-178
A.
Riverfront Overlay District Parking Regulations (No Backup - Requested by Ms.
Coy)
B.
Dogs in Parks (City Attorney Transmittal, Code Provisions)
@)
11
DRAFT
Regular City Council Meeting
December 14, 2005
Page Twelve
14. CITY ATTORNEY MATTERS
15. CITY MANAGER MATTERS
16. CITY CLERK MATTERS
17. CITY COUNCIL MATTERS
A. Mr. Burkeen
B. Ms. Coy
C. Ms. Monier
D. Mr. Neglia
E. Mayor McCollum
18. In accordance with procedural resolution R-05-26, Mayor McCollum adjourned the
Regular Meeting at 11 :00 p.m.
ATTEST:
Na~anB.McCollum,Mayor
Sally A. Maio, MMC - City Clerk
@
12
tfOMi Of PELICAN ISlAND
r Submittal by:
City of Sebastian
1225 Main. Street
Sebastian, 'Florida 32958
Agenda No. OtJ;, 001\ . A
Dept. Origin: City Clerk ~v
City Attorney:
Subject Travel Authorization for Council to
attend Advanced Institute for Elected
Municipal Officials
.
Date Submitted: 1/3/06
For Agenda of: 1/11/06
Exhibits: Website tnformation
Expenditure Required: Amount Available in Budget:
Travel: TBA Travel: $ 8,638.12
Training: $195.00 each member Training: $ 4,290.00
Appropriation Required: 0
SUMMARY.STAT.eMENT
In accordance with the "Council and Charter Officer Travel Policy and Procedures"
adopted by R-04-39, authorization for travel and registration is requested for
members interested in attending the Advanced Institute for Elected Municipal Officers
to be held in Orlando on April 28-29, 2006.
The hotel accommodations have yet to be worked out by the League of Cities but
this has been budgeted for in this fiscal year. -
RECOMMENDED ACTION
At Council's discretion, move to authorize travel and registration for interested
members to attend the Advanced Institute for Elected Municipal Officials in Orlando
on April 28-29, 2006.
@
l\Qvancea msntute lOr ~lecteu IVlunIl:lPW Vll1l::UUS
ri:l.1:;c I VI I
Advanced Institute for Elected Municipal Officials
ADVANCED
JNSTlTU1'B
for
.BLECTED
MUNICIPAL
OFFICIALS. .
The Florida League of Cities and the John Scott Dailey Florida Institute of
Government are proud to bring you the Advanced Institute. Hundreds of
mayors, council members and commissioners have participated in this highly
rated course. This program is a continuation of the very successful Institute
for Elected Municipal Officials (IEMO). Click here for more information on the
Basic IEMO.
The Advanced Institute is reserved for participants and graduates of the
IEMO, or those elected city officials who have completed one or more terms
in office. Participants will be asked through the registration process which criteria they meet. Designed to pick
up where the IEMO leaves off, this two-day program features four classes and two workshop-style lunches.
The program is offered in a Friday - Saturday format. Instructors have been selected for their ability to convey
important information in a participatory style. A folder of hand-outs and information will be given to each
participant and a certificate will be awarded for completion of the program.
The four courses are:
. Leadership Styles, Decisionmaking & Media Relations
. Advanced Revenues and Finances: Getting Creative
. Understanding Growth Management in Florida
. Building Your City's Team: Personnel and Labor Issues
.~
Dates and Sites
. April 28 - 29, 2006 - Orlando
. October 20 - 21,2006 - Tampa
Registration and Fees
For questions regarding this challenging and rewarding opportunity, or to register, please contact Kathy Sittig
at the John Scott Dailey Florida Institute of Govemment at (850) 487-1870 or Lynn Tipton at the Florida
League of Cities office at 1-(800) 342-8112.
*" The cost of the two-day program is $195.00 and includes two working lunches.
Back to Top
@
http://www.flcities.comlmembership/iemo_advanced.asp
1/4/2006
HOME Of PE.IJCAN ISlAND
CI1Y OF SEBASTIAN
AGENDA TRANSMITfAL
Subject: Florida City and County
Management Foundation 2006 Winter
Institute
Agenda No. 0t0.OO5
..
Department Origin: City ManaJ!er
Finance Director:
City Attorney: On . _ .
City Clerk: ~
or Submittal by: City Manager
Date Submitted: 01/03/06
For Agenda of: 01/11/06
Exhibits:
EXPENDITURE REQUIRED:
TravellPier Diem: (ApproL)
5200.00
Trabrlng & Education:
$300.00
AMOUNT BUDGETED:
Trave1lPier Diem: 52,300.00
Training & Education:
51,100.00
APPROPRIATION
REQUIRED:
SUMMARY
This year the 12th Annual Florida City and County Management Foundation Winter Institute
will be held on February 8-10, 2006 in St Petersburg, FL. This year the topic will be
"Authentic Public Leadership: Harnessing Passion, Purpose, and Power in Service to
Society" .
RECOMMENDED ACTION
Move to approve the City Manager to travel to St. Petersburg, FL., to attend the 12th Annual
Florida City and County Management Foundation Winter Institute on February 9-10, 2006.
@
@
IfOAm Of PWCAN lSU\ND
city of Sebastmn
1225- M.i" ~~t_ _ ___
Sebastian, Florida 32958
,
Agenda No. 0 "I DO Z
Dept.Origin: City Clerk ~
City Attorney:
Date Submitted:
For Agenda of: 1111/06
Subject:- Environmental Advisory Committee
Position
Expenditure Required:
Amount Budgeted:
Appropriation ReqUired:
SUMMARY STATEMENT
Pursuant Section 2-173 of the Code of Ordinances, "any board or
committee member shall be automatically removed if, in a given fiscal
year he or she is absent from thre~ consecutivE;} meE;}~ingl? without an
acceptable excuse."
Michael Mugas, Council Member Neglia's appointee to the committee
has missed the October 4th, November 1st and December 6th meetings,
without contacting staff or explanation.
In accordance with 2-173, Mr. Mugas should be removed.
RECOMMENDED ACTION
Remove in accordance with 2-173 of the Code.
(0
Page 1 of 1
Sec. 2-173. Attendance requirement
~ any other provision of this Code, any board or committee member shall be
automatically removed if, in a given fiscal year he or she is absent from three consecutive meetings
without an acceptable excuse. An "acceptable excuse" is defined as an absence for medical reasons,
business reasons. persona' reasons, or any other reason which the chair of the board or committee
deems appropriate. Upon notification by the chair of the board or committee that a member has not
complied with the attendanc e reqUirement, the city council shall issue an order of removal. The
effective date of removal shall be the date on which the order of removal was entered. Removal of
board or committee members pursuant to this section shall not be subject to section 2-172.
(Ord. No. 0-97 -56, ~ 8, 9--25-97)
@
http://library.municode.com/mcc/Doc View/1 03 I I/I/20/34/35
I/4/2006
City of Sebastian, Florida
OFFICE OF THE. CITY A1TORNHX~
~
AGENDA TRANSMITTAL
Agenda No. O~. DOfo
Subject: Acceptance of deeds for Twin Ditches
Date Submitted: 1/5/06
For Agenda of: 1/11/06
SUMMARY:
It was discovered during the surveying of the Collier Club development that half of the TwiD.
Ditches parallel to Main Street actually lay within the properties of Collier Club. These parcels
were then platted as super-sized drainag~ easements in preliminary plats fot the development..
However, stormwater staff and the owner agreed that it would be in the best interest of everyone
to have this drainage facility under unified City control. Subsequent phases have been platted
with the ditch area dedicated to the City. .
Through a snafu, the attempt to convey the ditch to the City prior to sell of the lots in the first
phase fell through even though most homeowners thought the City had been given ownership of
the ditch. Staff has prepared quit-claim deeds to rectify this oversight, and only the Council can
legally accept ownership of real property.
All but three parcels have been conveyed so far, and there have been no objections by any of the
owners.
RECOMMEND:ED ACTION:
Accept donation ofthe quit-claim deeds and authorize starY re.COrd the same.
. . REVIEWED BY CITY CLERK: ~
AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER:
@
Return to:
Richard Stringer~ City Attorney
1225 Main Street
. Sebastian, FL 32958
QUIT-CLAIM DEED
:::f1225 Main St., Sebastian, FL
THIS QUIT -CLAIM DEED~ executed this 15 th day of December~ AD., 2005,' by David R
Werner and Lynette F. Werner,F,st party, to the City of SOO . a Florida municipal corporation, second
party: 641 Brush Foot Dr., Sebastian, FL .
WI1'NESSETH, that the said first party, does hereby remise, release and quit-claim unto the said
second party forever, all the right, title, interest, claim and demand which the said first party has in and to the
following ~"bedlo~ piece or parcel of~ situa.te,.1ying'8nd:being.mthe county eflnttianRiver, State
of Florida, to-wit: . .
SQutheastem most 40 feet of Lot 214, Collier Club Phase lIB as shown as a drainage easement on the
plat thereofin Plat Book 11 Page 91 in the official record of Indian River County.
TO.HA VE AND TO BOLI) the same ~ with all and singular the apptJrtenances tbemmto
belonging or in anywise apperta.inin& and all the estate, right, title,' interest, lien, equity and claim
whatsoew:r of the said fiIst party, either in law or equity, 10 the only proper use,. benefit and behoof of the
said second party forever. .
IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year
set forth above. .
Signed, sealed and delivered
in ce of
~~PRU~
avid R Werner
~lciJ~
~ette F. Werner
Witness
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instroment was acknowledged before me this ~ day of~ ~ b~. 2005 by
David
~z-'D'-
c.:- L 0 L.
R.
Werner
~....tl
Lynette F. Werner
) as identification. -__
~
who
has
produced
'-
@
Signature of Notary
State of Florida
8U8AN a. LOIUIO
MY 00MMI88I0t4 t 00_4
EXPIRES: AD1114, ad
bdIIdTIIIU_Nli~
~'i
Return to:
Richard Stringer, City Attorney
1225 Main Street
Sebastian, FL 32958
QUIT-CLAlMDEEI)
637 Brush Foot Dr., Sebastian, FL '~1225 Main St., Sebastian FL
tTHIS QUIT-CLAIM DEED, executed this is 1h day,ofDecember, A.D., 2005, by John B. Ben
and Margaret H. Bea :first party, to the City of Sebastian, a Florida mmJicipal corporation, second party:
WITNESSETH, that the said first party, does hereby remise, release and quit-claim unto the said
second party forever, all the right, title, interest, claim and demand which the said first party has in and to the
following described lot, piece or parcel of land, situate, lying and being in the county of Indian River, State
of Florida, to-wit:
Southeastern most 40 feet of Lot 216, Collier Club Phase lIB as shown as a drainage easement on the
plat thereofin Plat Book 17 Page 91 in the official record of Indian River COl.m:ty.
TO HAVE AND TO HOLD the same together with all and singalar the ~ th.a~
belonging . or in anywise apj>eJ.ta1nl"g, and all the estate, right, title, interest, lien, equity and claim
whatsoever of the said fust party, either in law or equity, to the. only proper use,. benefit and behoof of the
said second party forever. .
IN WITNESS WHEREOF. the said first party has signed and sealed these presents the day and year
set forth above. .
Signed, sealed and delivered
~of
Witness lli~E
a-
~nness Ana DeMelo, P.E.
ff~
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this ~ day of i) ~ '- ~ ")\J\. "b V .2005 by
JQ}m :e..~ ~U ~4. ~ H. Be.1l whQ has produced ~c.. 0 L . _ _ _ - -- '. - as .
identification. ~ " 0 L - - , "- ~ .
. S .~-.. ,-"
~~~
S~-ofNotarY1ilib';-------'--
State of Florida MY=~=:Di324
EXPIIBAp,l4. am '
llDndId1llll NaIIIy ~ \nIIIWII8I8
@
Return to:
Richard Stringer, City Attorney
1225 Main Street
Sebastian, FL 32958
QUlT-CLAlMDEED' .
t-1225 Main St., Sebastian, FL
THIS QUIT-CLAIM DEED, executed this 15 1h wiylofDecember, AD., 2005, by James G.
Rocco Jr., Trustee, and DebOrah Rocco, Trustee, ~ .party, to the City of Sebastian, a Florida municipal
corporation, second. party: 651 Brush Foot Dr., Sebastian, FL
WI.TNESS.ETH, that the said first party, does hereby remise, release and quit-claim unto the said
second party forever, all the right, title, interest, claim and demand which the said first party has in and to the
following described 101:; piece or parcel of land; situate, ~ and-beihg in the county of:rntmm River, State
of Florida, to-wit:
Southeastern most 40 feet of Lot 209, Collier Club Phase fiB as shown as a drainage easement on the
plat thereof in Plat Book 17 Page 91 in the official record of Indian River County.
TO HAVE AND TO :aOLD the same together with all and singular the appurtenantes thereUnto
belonging Or in anywise appertaining. and all the estate, right, title, interest, lien, equity and claim
whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the
said second party forever.
IN WITNESS WHEREOF, the said:first party has signed and sealed these presents the day and year
set forth above.
Signed, sealed and delivered
. p f:
6(.
Witness Ana DeMelo, P.E.
STATE OF FLORIDA
COUNTY OF INDIAN RNER
The foregoing instrument was acknowledged before me this -1.L day of j) Q..<- ~ ~ ~. 2005 by
James G.
~c.OL -
fLcDL ";
Rocco, Jr.
. -- '. ... ,... .
./
and Deborah Rocco who has produCed
_ as ideflicalion. ~
6~8 ~
Signature of Notary Pub . ..
State of Florida ~ ~ MY~~4
· . . EXPIRES: Api 4, 2001
IIcnIId'DwNollly NlIc IhInrIIrs
@
Retum to:
Richard Stringer, City Attorney
12'l5 Main Street
Sebastian, FL 32958
. QUIT-CLAIM DEED
639 Brush Foot Dr., Sebastian, FL . ~1225 Main St., Sebastian, FL.
. 'THIS QUIT-CLAIM DEED, executed this 15 th daYlofDecember, A.D., 2005, by Kathleen
Ot:rema, :fu:st party, to the City ofSebast:ian, a Florida municipal corporation, second party:
WITNESSETII, that the said first party, does hereby remise, release and quit-claim unto the said
second party forever, all the right, title, interest, chiim and demand which the said first party has in and to the
fonowing described lot, piece.or paroeI of land, situate,. lying and being in the county of Indian River, State
of Florida, to-wit: ... .
Southeastern most 40 feet of Lot 215, Collier Qub Phase DB as shown as a drainage easement on the
plat thereo( in Plat: Book 17 Page 91 in the official record of Indian River County.
. TO HAVE AND TO BOLD the same together with all .and singular the appurtenances thereunto
belonging or in anywise appertaining, and aU the estate, right, title, interest, lien, equity and claim
whatsoever .of the said first party, either in law or equity, to the only proper use, benefit and behoof of the
said second party forever.
IN WITNESS WHEREOF, the said first partihas signed and sealed these presents the day and year
set forth above. . .
~~
een Otremba .
Wi1ness Ana DeMelo, P. E .
Sl'AlE.OFFLORIDA .
COUNTY OF INDIAN RIVER
The foregoinginstmment was acknowledged before me this \ ~
Kathleen Otremba who has produced ~ l 0 L" :-... . .-
daJ...of .i) 0 c ~~. 0 ~ C"" . 2005 by
-.. ~ _ _ as identi:ficatioa
/' ~~ .
-S:.-~ "' ) "-.s: --..j- ~
Signature ofNotmy Public -
State of Florida
@
SUSAN S. LORUSSO
~ MYCOMMISSION'D03Il6324
EXPIRES: Apri 4, 200J
1lcindIId1lluNalalyNtc~.
. - ... ... ... ... ... ... ... ~ ... ._. - .. .n. . .........._. . _ . _ .... . ... ... .......
Return to:
Richard Stringer, City Attorney
1225 Main Street
. Sebastian, FL 32958
QUIT-CLAIM DEED
. E1225 Main St., Sebastian, FL
THIS QUlT..CLAIM DEED, executed ~ 15 tb day of December, AD., 2005, by Peter D.
Spinney and Sally M Spinney ,1first party, to the City of Sebastian, Florida municipal corporatio~ second
party: 655 Brush Foot Dr~ '- Sebastian, FL. .
WITNESSETH, that the said first party, does hereby remise, release and quit-claim. unto the said
second party forever, all the right, title, interest, claim and demflOO which the said first party has in and to the
following described lot, piece or parcel of land, situate, lying and being in the county of Indian River, State .
of Florida, to-wit: .
Southeastem.most 40 feet of Lot 207, Collier Club Phase lIB as shown as a drainage easement on the
plattbereofinPlatBook 17 Page 91 in the official record of Indian River County.
TO HAVE AND TOROID the same together with all and singular the appurtenances thereunto
belonging or in ~ywise appertaining, and ~ the estate, right, title, interest, lien, equity and claim
whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the
said secon4 party forever. .
IN WITNESS WHEREOF, the. said first party has signed and sealed these piesents the day and year
set forth above.
Signed, sealed and delivered
in th ce of:
"\.....-
WItnh. DeMelo, P.X.
STAlE OF FLORIDA
COUNTY OF INDIAN RIVER
@
The foregoing instrument was acknowledged before me this 15 day of ~c...~~ ~ 2005 by
Peter D. Spinney and Sally M. Spinney who has produced ~ L. ~ L - "-
as identification. r::- L.. .u '- .. '- .-
-.S"'N:. --.(~ )~""'
Signature of~Public ---
State of Florida
SUSRI B. LORUSSO
tl'f CQt,t.USS1ON t DO 301324
,. EXPIRES: ApJll4, 2Ol8
1lcnIId1!lU NcBy Nic \DIlIrMIl8IS
-: ..~
Return to:
Richard Stringer, City Attorney
1225 Main Street
Sebastian, FL 32958
QUlT-CLAlMDEED .
~225 Main St., Sebastian, FL
THIS QUIT -CLAIM DEED, executed this 15 111 day lof December, A.D., 2005, by Don
McLendon and Rosie~ene Mclendon, ~ party, to the City of Sebastian, a Florida municipal ~ration,
second party.: 645 Brush Foot Dr., Sebastian, FL . .
WITNESSETH, that the said first party, does hereby remise, release and quit-claim. unto the said
second party forever, all the right, title, in~ claim and demand which the said first party has in and to the
follOWing descn"bed orot, piece or parcelof.land, situate, lyJng and being in the COlDlty of-indian River, S1ate
of Florida, to-wit:
Southeastern most 40 feet of Lot 212, Collier Club Phase fiB as Shown asa drainage easement on the
.plat tbereofin Plat Book 17 Page 91 in the o~ record of Indian River County.
TO HAVE AND TO HOLD the same together with all and singular the .app~ces tb.ere1into
belonging or in anywise appertaining, and alkthe estate,. right, title, interest, lien, equity and claim:
wha1:soeve.r of the said first party, either in law or equity, to the only proper use, benefit and behoof of the
said second party forev.er.
IN ~ WHEREOF, the said fidt party has signed and sealed these presents the day and year
set forth above.
. ~Lfvt~~
Don McLendO
~~
STATE OF FLORIDA
COUNTY OF lNDIAN RIVER.
The foregoing instrmnent was acknowledged before me this J ~ day of i) Q<. ~ J:, ~ .2005 by
Don McLendon and Rosielene Mclendon who has produced
~~D~L ' ." ,- . '~_asi~ ~ .
SignalureofNO:Y~~Q)' ~ oB.:LQR!JSSQo
State ofFlori~. :.. . ~ MY=:=4
.oc.%:?\.o. ,lkoIIIdlhulll8y,,*~
......t2Y '.
Return to:
Richard Stringer, City Attorney
1225 Main Street
Sebastian, FL 32958
QUIT-CLAIM DEED
THIS QUlT-CLAIM DEED, executed this .2/sr. day of December; AD., 2005, by Malcolm B.
Nicholls Jr. and Mary Jane Nicholls, :first party, to the City of Sebastian, a Florida municipal cmporation,
second party: .
WlTNESSE'I'H, that the said :first party, does hereby remise, release and quit-claim unto the said
second party forever, all the right, title, interest, claim and demAnd which the said :first party has in and to the
following described l~ piece or parcel of~ sitoate, lying and being in the county ofIodian River, St8te
ofFlorlda, to-wit
Soutbeastemmost 40 feet of Lot 213, Collier Club Phase DB as shown as a drainage eaSP.mettt on the
plat thereofin Plat Book 17 Page 91 in the ofticialleoord oflndian River County.
TO HAVE AND TO IJOLD the same together with all and singlilar the appurtenanCes thereunto
belonging or in anywise appertainin&and all the estate, right, title, interest, lien,.equity and claim
whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the
said second party :furever. .
INWlTNESS WHEREOF, the said first party bas signed and sealed these presents the day and year
set forth above.
Signed, sealed and delivered
in the presence of:
~VJ~
~.~~ .
~f~~4~
cohn B. Nicholls, Jr.
~~ t\})MOIIS
Mary] e Nicholls
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this),).>r day of De t em be. r .20.05 by
Malcolm B. Nicholls, Jr. and Mary Jane Nichollsdwho bas ~
FL D Y I V tr.5 Li e.e.n s es as identification. #"~'::'4It wI/iff!!'''''
~~ '9P~;.....~"" ~
J~ r _ ) - ~ ~~~'o.v.... ~
O-L lAJ. ~ · d":\IlY 24 ~.. ~
." ~ ~ 431':.0:, \
@ fN n..-'hli - .'""11: :;.1VP._
o otary ru C =*: .... :*=
- -- . -
.1......0.. . of Florida ~~\ 100172594 ;~~
:...J ~~". A.... '~ ".J:t"i!
~~.. ~~......,. .~~
~~'.1'"' ..~~..=..c.~~~
~.o,':'j.."".:e\)' ~
",i;.tIl.tc, ST~\... ~,'~
~"''''mn,l\\t;
Return to:
Richard Stringer, City Attorney
-Im Main Street
Sebastian, FL 32958
QUIT-CLAIM DEED
THIS QUIT-CLAIM DEED, executed this th day of December, A.D., 2005, by Francis W.
Meehan and Judith A. Meehan, :first party, to the City of Sebastian, a Florida municipal corporation, second
-paFty:
WITNESSETH, that the said:first party, does hereby remise, release and quit-claim unto the said
second party forever, all the right, title, interest, claim and demand which the said first party bas in and to the
following descnOed lot, piece or parcel of land, situate, lying and being :in the -county-oflnw8l'l River," State
of Florida, to-wit:
Southeastern most 40 feet of Lot 208, Collier Club Phase DB as shown as a drainage easement on the
plat thereof in Plat Book 17 Page 91 in the official record of Indian River County. .
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto
belonging or in anywise" a:ppertaining,and all the estate, right, title, interest, lien, equity and. claim
whatsoever of the said first party, either in law"or equity, to the only proper use, benefit and behoof of the
said second party forever.
" IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year
set forth above.
Signed, sealed and delivered
i~OC
,(j(JIr.Mi~
~c19>~.
Witness
~ Ii-
.........,) (,-
Francis W. Meehan
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrmnent was acknowledged before "me this~ day of .!)~c.. ~~~ .2005 by
FranCis W. Meehan and Judith A. Meehan who has _ produCed
Y'Y\.~ J) L. . " as identification. ~
WI L ..i) L. - c:::: """' ~~..;..
~of~. ~ _a_
State ofFlonda .:'1 MVCOMMISSICW'OD306324,
~ . ..",~ t.'<PIRES:Aprl42008 -
\2/ ,-. -.......-.-
Return to:
Richard Stringer, City Attorney
I22S Main Street
Sebastian, FL 32958
QUIT-CLAIM DEED
THIS QUIT -CLAIM DEED, executed this;;) ~ th day of December, AD., 2005, by Bernard A.
Snarski Jr. and Andrea Mignano, first party, to the City of Sebastian, a Florida municipal.corporation, second
party:
WITNESSETH, that the said first party, does hereby remise, release and quit-claim unto the said
second party forever, all the right, title, interest, claim and demand which. the said :fb:st party has in and to the
fOnowing described lot, piece or parcel ofland, situate, lying and being in the co~ ofJndian River, State
of Florida, to-wit:
Soutbeastem most 40 feet of Lot 210, Collier Club .Phase JIB as shown as a drainage ea..~ on the
plat thereof in Plat Book 11 Page 91 in the official record of Indian River County.
TO HAVE AND TO HOLD the same together with all and singular the appurteoances thereuntO
belonging or in ~ appertaining, and all the estate, right, title, interest, lien, equity and claim
whatsoever of the said fust party, either in law or equity, to the only proper use, benefit and behoof of the
said second party furever.
IN WlTNESS WHEREOF, the said fust party has signed and sealed these presents the day and year
set forth above.
Signed, sealed and delivered
in the presence of:
/JJrzLt;te, ()j~
ltness
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this ~ day of ~ ~<.. ~ \'\"\~ . 2005 by
Bernard A Snarski Jr.. and ~ Mignano who has produced
tu 'Y 5) L..,- as identifi .
ru'l t:> 2....
Signature ofNotmy Public
State of Florida
SUSAN B. LORUSSO
COMNISSION' DO 300324
ApI 4. 2IlOO
~~~NJc"""""
@
(l\'f(l
SEBAS!!MI
~~
' _..._"......'\.~__.."..~,. ...""'1-~_"',:_.,:.
c__,.,~,"''','~: t~,,_; _..~,
HOME OF PELICAN ISLAND
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject: Police Retirement Board of
Trustees
Agenda No. 05. 2 13
ubmittal by: City Manager
Department Origin: City Clerk's Offi
Date Submitted: 12/14/05
For Agenda of: 1/11/06
emo, FS185.05, board member list
Expenditure Required:
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
Pursuant to FS 185.05, the fifth member of the Police Pension Board is submitted to
Council by the seated board for official appointment.
RECOMMENDED ACTION.
Move to appoint A. L. "Rappy" Perez as the fifth member of the Police Pension Board
with term to expire 10/2007 in accordance with FS185.05.
Gi)
. "-' ""
. ',.:, ' ," ,"
HOMloF'PruCAN . ISlAND
Re: Election of 5th Pension Board Member pursuant to Florida Statute
The Pension Board met on Tuesday, December 13, 2005. The first item of New Business was to
appoint the 5th member. Under Florida Statute, Section 185, the two members appointed by the
Council and the two members elected by the Plan Members vote on a 5th member.
The Board reappointed Mr. AL. Rappy Perez to the seat.
Ifyou.bave any other questions, please do not hesitate to give me a call at 388-8202.
Cc: Eric Wheeler, Chairperson
Denis Hovasse, Vice-Chairperson
IS
.' ,~
@
Statutes & Constitution :View Statutes :->2004->Ch0185->Section 05 : tlsenate.gov
Page 1 of3
Select Year: 12004.:!l
-GOI
.',,:,','.. :::-:.,~:-.:-
The 2004 Florida Statutes
Title XII
MUNICIPAUTlES
Chapter 185
MUNICIPAL POUCE PENSIONS
View Entire Cha~
185.05 Board of trustees; members; terms of office; meetings; legal entity; costs; attorney's
fees.--For any municipality, chapter plan, local law municipality, or local law plan under this
chapter:
(1) In each municipality described in s. ~ there is hereby created a board of trustees of the
municipal police officers' retirement trust fund, which shall be solely responsible for administering
the trust fund. Effective October 1, 1986, and thereafter:
(b) The membership of boards of trustees for local law plans shall be as follows:
1. If a munidpality has a pension plan for police officers only, the provisions of paragraph (a) shall
apply.
2. If a munidpality has a pension plan for police officers and firefighters, the provisions of
paragraph (a) shall apply, except that one member of the board shall be a police officer as defined
in s. 185.02 and one member shall be a firefighter as defined in s. 175.032, respectively, elected
by a majority of the active firefighters and police officers who are members of the plan.
3. Any board of trustees operating a local law plan on July 1, 1999, which is combined with a plan
for general employees shall hold an election of the police officers, or police officers and
firefighters if included, to determine whether a plan is to be established for police officers only, or
for police officers and firefighters where included. Based on the election results, a new board shall
be established as provided in subparagraph 1. or subparagraph 2., as appropriate. The municipality
shall enact an ordinance to implement the new board by October 1, 1999. The newly established ~
board shall take whatever action is necessary to determine the amount of assets which is
attributable to police officers, or police officers and firefighters where included. Such assets shall 3 ~" _
http://www.flsenate.gov/Statutes/index.cfin?p=2&App_mode=Display _ Statute&Search _... 12/14/2005
---;jl
POLICE RETIREMENT BOARD OF TRUSTEES
2-YEAR TERMS Two Members ADDOinted U ~ Council
Richard Taracka
1320 Coverbrook Lane Reappointed 10/26/05
Sebastian, FL 32958 Appointed: 10/24/2001 (Replaced Waldis)
Term to expire 10/2007
James Sexton Reappointed 10/26/05
Sebastian, FL 32958 Appointed: 10/24/2001 (Replaced Brauer)
Term to expire: 10/2007
Two Members ADDOinted J2X Pollee OffIcers
Officer Eric Wheeler Appointed 5/03 to fill unexpired term of Lt.
Ewert
Reappointed 10/03 - Term to Expire 10/05
Reappointed 11/05 - Term to Expire 10/07
Detective Dennis Hovasse Appointed: 10/97 - Term to expire 10/99
Reappointed: 10/99 - Term to Expire:
10/01
Reappointed 10/01 - Term to Expire 10/03
Reappointed 10/03 - Term to Expire 10/05
Reappointed 11/05 - Term to Expire
10/07
One Member ADDOinted U Board and Confinned J2X 9lx Council
Al. Rappy Perez, Jr. CLU
9650 Mockingbird Lane
Micco, FL 32976
Appointed: 12/99 to Replace Judy Robinson
Term Began 10/99
Reappointed: 11/2001
Reappointed: 10/2003
Term Expired: 10/2005
G0